Filing # E-Filed 05/22/ :20:45 PM

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1 Filing # E-Filed 05/22/ :20:45 PM IN THE CIRCUIT COURT OF THE 20 TH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA GENERAL JURISDICTION DIVISION BERNICE CLARK, as Personal Representative of the Estate of STEVEN LEONARD, and on behalf of herself as natural mother and statutory survivor, and on behalf of WARREN LEONARD, decedent's natural father and statutory survivor, CASE NO.: vs. Plaintiff, EEP-WRS, LLC and MORGAN PROPERTY MANAGEMENT, LLC, Defendants. / COMPLAINT FOR DAMAGES Plaintiff, BERNICE CLARK, as Personal Representative of the Estate of STEVEN LEONARD, and on behalf of herself as natural mother and statutory survivor, and on behalf of WARREN LEONARD, decedent's natural father and statutory survivor, by and through undersigned counsel, sues the Defendants, EEP-WRS, LLC and MORGAN PROPERTY MANAGEMENT, LLC and alleges as follows: GENERAL ALLEGATIONS AS TO ALL COUNTS 1. This is an action for wrongful death that exceeds the Fifteen Thousand Dollars ($15,000.00) jurisdictional limits of this Court, exclusive of interests and costs. 2. At all times material a n d r e l e v a n t hereto, the Plaintiff, BERNICE CLARK (hereinafter referred to as "CLARK"), was and is a resident of Collier County, Florida, and is Page 1 of 16

2 otherwise sui juris. The decedent, STEVEN LEONARD, was a resident of Collier County, Florida up until his death. 3. At all times material and relevant hereto, the Defendant, EEP-WRS, LLC, (hereinafter referred to as "EEP-WRS") is a Florida limited liability company licensed to do business and authorized to do business in Collier County, Florida. 4. At all times material and relevant hereto, the Defendant, MORGAN PROPERTY MANAGEMENT, LLC (hereinafter referred to as "MORGAN PROPERTY MANAGEMENT") is a Florida profit corporation licensed to do business and authorized to do business in Collier County, Florida. 5. On or about February 20, 2015, there occurred a fire at the building with the street address/addresses of th Avenue South, Naples Florida (hereinafter the building described as "the property located at th Avenue South" and/or "the subject premises"). 6. At all times material a n d r e l e v a n t hereto, the Defendant, EEP-WRS owned the subject premises, including but not limited to the portion of the subject premises located at th Avenue South, Naples, Florida, in Naples, Collier County, Florida. 7. At all times material a n d r e l e v a n t hereto, the Defendant, EEP-WRS managed the subject premises, including but not limited to the portion of the subject premises located at th Avenue South, Naples, Florida, in Naples, Collier County, Florida. 8. At all times material a n d r e l e v a n t hereto, the Defendant, EEP-WRS maintained t h e s u b j e c t p r e m i s e s, including but not limited to the Page 2 of 16

3 portion of the subject premises located at th Avenue South, Naples, Florida, in Naples, Collier County, Florida. 9. At all times material a n d r e l e v a n t hereto, the Defendant, EEP-WRS operated the subject premises, including but not limited to the portion of the subject premises located at th Avenue South, Naples, Florida, in Naples, Collier County, Florida. 10. At all times material and relevant hereto, the subject premises included a building with a second story unit and several ground floor retail spaces. 11. At all times material and relevant hereto, the Defendant, MORGAN PROPERTY MANAGEMENT, owned t h e s u b j e c t p r e m i s e s, including but not limited to the portion of the subject premises located at th Avenue South, Naples, Florida, in Naples, Collier County, Florida. 12. At all times material and relevant hereto, the Defendant, MORGAN PROPERTY MANAGEMENT, managed the subject premises, including but not limited to the portion of the subject premises located at th Avenue South, Naples, Florida, in Naples, Collier County, Florida. 13. At all times material and relevant hereto, the Defendant, MORGAN PROPERTY MANAGEMENT, maintained the subject premises, including but not limited to the portion of the subject premises located at th Avenue South, Naples, Florida, in Naples, Collier County, Florida. 14. At all times material and relevant hereto, the Defendant, MORGAN PROPERTY MANAGEMENT, operated the subject premises, including but not limited Page 3 of 16

4 to the portion of the subject premises located at th Avenue South, Naples, Florida, in Naples, Collier County, Florida. 15. At all times material and relevant hereto, the Plaintiff s Decedent, STEVEN LEONARD resided in the second floor unit of the building at th Ave South, Naples, Collier County, Florida. 16. At all times material and relevant hereto, the Plaintiff s Decedent, STEVEN LEONARD resided in the second floor unit of the building at th Ave South, Naples, Collier County, Florida pursuant to a residential rental/lease agreement with Defendant owner EEP- WRS. 17. At all times material and relevant hereto, Defendant MORGAN PROPERTY MANAGEMENT acted as the broker, agent, and/or representative agent of Defendant, EEP- WRS, renting the second floor unit of the building at th Ave South, Naples, Collier County, Florida to Plaintiff s Decedent, STEVEN LEONARD. 18. At all material times before and after execution of the lease by Decedent, defendant EEP-WRS represented to decedent that a Certificate of Occupancy had been appropriately obtained, that all conditions required to obtain said Certificate had been accomplished (including but not limited to conditions relating to safety of the leased premises), and decedent reasonably relied on said representation. 19. At all material times before and after execution of the lease by Decedent, defendant MORGAN PROPERTY MANAGEMENT represented to decedent that a Certificate of Occupancy had been appropriately obtained, that all conditions required to obtain said Certificate had been accomplished (including but not limited to conditions relating to safety of the leased premises), and decedent reasonably relied on said representation. Page 4 of 16

5 20. At all material times before and after execution of the lease by Decedent, defendant EEP-WRS represented that all smoke detectors reasonably required and/or required by industry standards and/or municipal, county and state code, were present and in working condition, and decedent reasonably relied on said representation. 21. At all material times before and after execution of the lease by Decedent, defendant MORGAN PROPERTY MANAGEMENT represented that all smoke detectors reasonably required and/or required by industry standards and/or municipal, county and state code, were present and in working condition, and decedent reasonably relied on said representation. 22. At all material times before and after execution of the lease by Decedent, defendant EEP-WRS represented that there existed within the unit leased all means of safe egress in the event of fire reasonably required and/or required by industry standards and/or municipal, county and state code, and decedent reasonably relied on said representation. 23. At all material times before and after execution of the lease by Decedent, defendant MORGAN PROPERTY MANAGEMENT represented that there existed within the unit leased all means of safe egress in the event of fire reasonably required and/or required by industry standards and/or municipal, county and state code, and decedent reasonably relied on said representation. 24. The decedent, STEVEN LEONARD, died on February 20, 2015 in Collier County, Florida at the subject premises. BERNICE CLARK is the duly appointed Personal Representative for the Estate of her son, STEVEN LEONARD. 25. At the time of his death, the wrongful death survivors of STEVEN LEONARD, as defined pursuant to Florida Statute (3), are his natural mother, plaintiff Personal Page 5 of 16

6 Representative BERNICE CLARK, and his natural father, WARREN LEONARD (WARREN LEONARD was and is at all material times a resident of the State of Michigan). 26. The Estate of decedent has a claim for loss of prospective net accumulations, and medical and funeral expenses. 27. On or about February 20, 2015, the decedent, STEVEN LEONARD, was lawfully on the subject premises. 28. On information and belief, on February 20, 2015, there was an electrical fire that began at the mansard fronting the subject premises. At the time the fire started Plaintiff's decedent, STEVEN LEONARD, was asleep in his bed in the second floor rented unit, which contained four rooms / areas and one bathroom. The fire grew unchecked and smoke infiltrated into the space where Plaintiff's decedent was sleeping. At some point, Plaintiff's decedent awoke and tried to escape to safety, but was unsuccessful. Plaintiff's decedent was found dead on the floor of his apartment in a room adjacent to his bedroom, his arm bloodied with glass from apparently having tried to escape, and soot from smoke inhalation found under his nostrils. 29. Defendant EEP-WRS failed to reasonably maintain the subject premises in a safe fashion, thereby creating and or allowing the circumstances which caused the fire and the resulting death of Plaintiff's decedent. 30. Defendant MORGAN PROPERTY MANAGEMENT failed to reasonably maintain the subject premises in a safe fashion, thereby creating and or allowing the circumstances which caused the fire and the resulting death of Plaintiff's decedent. 31. Defendant EEP-WRS performed extensive roof replacement and electrical work between October and December of 2014, shortly before the fire originated in said mansard roof. Page 6 of 16

7 32. Although the smoke detector in the bedroom was equipped with hardwiring, the hardwires were not connected to any source of electricity, and there was no battery in the compartment, rendering the smoke detector not operational. 33. There existed another smoke detector in another room in the premises that was similarly non operational, containing a battery with an expiration date in the year There was only one means of egress from the unit, despite a distance of 79 feet from decedent's bedroom to the exit door to the street - an exit door at an area totally engulfed in flames due to the site of the origin of the fire. 35. All incidents giving rise to the causes of action set forth herein occurred in Collier County, Florida. herein. COUNT I NEGLIGENCE AGAINST EEP-WRS All allegations contained in Paragraphs 1 through 35 above are realleged and incorporated 36. This is an action for wrongful death pursuant to the Florida Wrongful Death Act, , Florida Statutes. 37. At all times material hereto, Defendant EEP-WRS, owed a duty to invitees of the subject premises, included decedent, of reasonable care with respect to the ownership, operation, maintenance and management of the subject premises, to not cause create or allow dangerous and hazardous conditions (including but not limited to electrical hazards), to prevent dangerous and hazardous conditions of which it knew or should have known, or w h i c h existed for a sufficient length of time so that the Defendant should have known; or in the alternative, to repair and/or make safe any and all dangerous and/or hazardous Page 7 of 16

8 conditions of which it knew or should have known, and to guard against the reasonably foreseeable risk of death or injury from fire (including but not limited to the appropriate, competent performance of electrical maintenance, and the application for electrical permits where required so that government code inspections would be triggered); to ensure the fire safety of the premises by, among other things, ensure appropriate means of safe egress in the event of fire, and to ensure that all required smoke detectors were present and operational. 38. At all times material hereto, Defendant EEP-WRS, further owed a duty to invitees of the subject premises, included decedent who was residing there, to maintain the subject premises, in a reasonably safe condition, and/or to have and/or comply with reasonable modes of business operations consistent therewith. 39. On information and belief, at the time and place aforementioned, the Defendant, EEP-WRS, breached the duty owed to the Plaintiff and was negligent either through actions or omission of actions, to wit: A. Created or allowed to remain conditions that caused the fire; B. Created or allowed to remain conditions that allowed the fire to spread; C. Created or allowed to remain conditions that permitted smoke to infiltrate into plaintiff decedent's rented unit; D. Failed to appropriately install and/or maintain electrical wiring and/or fixtures upon the premises, thereby causing a fire hazard; E. Failed to properly apply for and obtain a certificate of occupancy for a residential unit so as to trigger appropriate safety inspections by governmental agencies; Page 8 of 16

9 F. Failed to properly apply for and obtain appropriate electrical work permits so as to trigger appropriate safety inspections by governmental agencies; G. Created or allowed to remain conditions that impeded safe exit by Plaintiff's decedent from the fire; H. Failed to ensure the fire safety of the premises; I. Failed to ensure appropriate means of safe egress in the event of fire; J. Failed to ensure required means of safe egress in the event of fire; K. Failed to have sufficient, appropriately located, operational fire protection devices to prevent the start of and/or spread of fire within the subject premises; and/or, L. Failed to have sufficient, appropriately located, operational smoke detectors, that would have timely warned the sleeping Plaintiff's decedent of the fire. 40. Additionally, the fire occurred in such a fashion and under such circumstances that it would not have started but for the negligence of the defendant, who through itself and its employees and agents had exclusive control over the maintenance of the relevant areas of the subject premises. 41. As a direct and proximate result of the negligent acts described above, Plaintiff s decedent, STEVEN LEONARD, was caused to die. 42. As a direct and proximate result of the negligence of Defendant causing the wrongful death of STEVEN LEONARD, his Estate suffered the loss of STEVEN LEONARD s loss of prospective net accumulations, as well as medical and funeral expenses paid or payable or owed by the Estate. Page 9 of 16

10 43. As a direct and proximate result of Defendant s negligence and the death of STEVEN LEONARD, the statutory survivor, BERNICE CLARK endured and will continue to endure mental pain and suffering for the loss of her son, and he incurred medical and/or funeral expenses paid for STEVEN LEONARD or on behalf of his estate. 44. As a direct and proximate result of Defendant s negligence and the death of STEVEN LEONARD, the statutory survivor, WARREN LEONARD endured and will continue to endure mental pain and suffering for the loss of his son, and he incurred medical and/or funeral expenses paid for STEVEN LEONARD or on behalf of his estate. WHEREFORE, Plaintiff, BERNICE CLARK, as Personal Representative of the Estate of STEVEN LEONARD, and as on behalf of the statutory survivors, demands judgment against Defendant, EEP-WRS, for damages in excess of $15,000.00, exclusive of costs and interest and other such relief deemed proper by the Court. Plaintiffs also demand a jury trial on all issues so triable. herein. COUNT II BREACH OF THE IMPLIED WARRANTY OF HABITABILITY AGAINST EEP-WRS All allegations contained in Paragraphs 1 through 44 above are realleged and incorporated 45. At all times material hereto Florida law imposed an implied warranty of habitability upon every apartment leased in Florida, including, at all times material hereto, the apartment rented by Plaintiff s decedent, STEVEN LEONARD, at th Ave. South, Naples, Collier County, Florida. Page 10 of 16

11 46. The warranty itself arises from the residential leasing contract between landlord and tenant, and in order to protect the health safety and well-being of occupants of housing and of the general public, the warranty imposes a legal duty on landlords, including Defendant, EEP-WRS, in the form of an implied agreement to ensure that dwellings, including the apartment leased by Plaintiff s decedent (and the building in which the apartment was located), complied with the municipal, county, state and other existing building, safety, fire safety and sanitary codes throughout the term of the lease. 47. At all times material hereto, Defendant EEP-WRS, failed to maintain the apartment leased by Plaintiff s decedent in compliance with those codes, including but not limited to codes pertaining to electrical work and maintenance, the provision of appropriately placed and operational smoke detectors, and the provision of safe means of egress from the let premises in the event of fire. 48. The failure of Defendant EEP-WRS to maintain the apartment leased by Plaintiff s decedent in compliance with those codes was a direct and proximate cause of the death of STEVEN LEONARD. 49. As a direct and proximate result of the negligent acts described above, Plaintiff s decedent, STEVEN LEONARD, was caused to die. 50. As a direct and proximate result of the negligence of Defendant causing the wrongful death of STEVEN LEONARD, his Estate suffered the loss of STEVEN LEONARD s loss of prospective net accumulations, as well as medical and funeral expenses paid or payable or owed by the Estate. Page 11 of 16

12 51. As a direct and proximate result of Defendant s negligence and the death of STEVEN LEONARD, the statutory survivor, BERNICE CLARK endured and will continue to endure mental pain and suffering for the loss of her son, and he incurred medical and/or funeral expenses paid for STEVEN LEONARD or on behalf of his estate. 52. As a direct and proximate result of Defendant s negligence and the death of STEVEN LEONARD, the statutory survivor, WARREN LEONARD endured and will continue to endure mental pain and suffering for the loss of his son, and he incurred medical and/or funeral expenses paid for STEVEN LEONARD or on behalf of his estate. WHEREFORE, Plaintiff, BERNICE CLARK, as Personal Representative of the Estate of STEVEN LEONARD, and as on behalf of the statutory survivors, demands judgment against Defendant, EEP-WRS, for damages in excess of $15,000.00, exclusive of costs and interest and other such relief deemed proper by the Court. Plaintiffs also demand a jury trial on all issues so triable. herein. COUNT III NEGLIGENCE AGAINST MORGAN PROPERTY MANAGEMENT All allegations contained in Paragraphs 1 through 35 above are realleged and incorporated 53. This is an action for wrongful death pursuant to the Florida Wrongful Death Act, , Florida Statutes. 54. At all times material hereto, Defendant MORGAN PROPERTY MANAGEMENT, owed a duty to invitees of the subject premises, included decedent, of reasonable care with respect to the ownership, operation, maintenance and management of the Page 12 of 16

13 subject premises, to not cause create or allow dangerous and hazardous conditions (including but not limited to electrical hazards), to prevent dangerous and hazardous conditions of which it knew or should have known, or w h i c h existed for a sufficient length of time so that the Defendant should have known; or in the alternative, to repair and/or make safe any and all dangerous and/or hazardous conditions of which it knew or should have known, and to guard against the reasonably foreseeable risk of death or injury from fire (including but not limited to the appropriate, competent performance of electrical maintenance, and the application for electrical permits where required so that government code inspections would be triggered); to ensure the fire safety of the premises by, among other things, ensure appropriate means of safe egress in the event of fire, and to ensure that all required smoke detectors were present and operational. 55. At all times material hereto, Defendant MORGAN PROPERTY MANAGEMENT, further owed a duty to invitees of the subject premises, included decedent who was residing there, to maintain the subject premises, in a reasonably safe condition, and/or to have and/or comply with reasonable modes of business operations consistent therewith. 56. On information and belief, at the time and place aforementioned, the Defendant, MORGAN PROPERTY MANAGEMENT, breached the duty owed to the Plaintiff and was negligent either through actions or omission of actions, to wit: A. Created or allowed to remain conditions that caused the fire; B. Created or allowed to remain conditions that allowed the fire to spread; Page 13 of 16

14 C. Created or allowed to remain conditions that permitted smoke to infiltrate into plaintiff decedent's rented unit; D. Failed to appropriately install and/or maintain electrical wiring and/or fixtures upon the premises, thereby causing a fire hazard; E. Failed to properly apply for and obtain a certificate of occupancy for a residential unit so as to trigger appropriate safety inspections by governmental agencies; F. Failed to properly apply for and obtain appropriate electrical work permits so as to trigger appropriate safety inspections by governmental agencies; G. Created or allowed to remain conditions that impeded safe exit by Plaintiff's decedent from the fire; H. Failed to ensure the fire safety of the premises; I. Failed to ensure appropriate means of safe egress in the event of fire; J. Failed to ensure required means of safe egress in the event of fire; K. Failed to have sufficient, appropriately located, operational fire protection devices to prevent the start of and/or spread of fire within the subject premises; and/or, L. Failed to have sufficient, appropriately located, operational smoke detectors, that would have timely warned the sleeping Plaintiff's decedent of the fire. 57. Additionally, the fire occurred in such a fashion and under such circumstances that it would not have started but for the negligence of the defendant, who through itself and its employees and agents had exclusive control over the maintenance of the relevant areas of the subject premises. 58. As a direct and proximate result of the negligent acts described above, Plaintiff s decedent, STEVEN LEONARD, was caused to die. Page 14 of 16

15 59. As a direct and proximate result of the negligence of Defendant causing the wrongful death of STEVEN LEONARD, his Estate suffered the loss of STEVEN LEONARD s loss of prospective net accumulations, as well as medical and funeral expenses paid or payable or owed by the Estate. 60. As a direct and proximate result of Defendant s negligence and the death of STEVEN LEONARD, the statutory survivor, BERNICE CLARK endured and will continue to endure mental pain and suffering for the loss of her son, and he incurred medical and/or funeral expenses paid for STEVEN LEONARD or on behalf of his estate. 61. As a direct and proximate result of Defendant s negligence and the death of STEVEN LEONARD, the statutory survivor, WARREN LEONARD endured and will continue to endure mental pain and suffering for the loss of his son, and he incurred medical and/or funeral expenses paid for STEVEN LEONARD or on behalf of his estate. WHEREFORE, Plaintiff, BERNICE CLARK, as Personal Representative of the Estate of STEVEN LEONARD, and as on behalf of the statutory survivors, demands judgment against Defendant, MORGAN PROPERTY MANAGEMENT, for damages in excess of $15,000.00, exclusive of costs and interest and other such relief deemed proper by the Court. Plaintiffs also demand a jury trial on all issues so triable. DEMAND FOR JURY TRIAL The Plaintiff demands a trial by jury on all issues so triable by same. Submitted on this: 22nd day of May, 2015 WEINSTEIN & COHEN, P.A. Counsel for Plaintiff Oaks Plaza - Suite 400 Page 15 of 16

16 14125 NW 80 th Avenue Miami Lakes, Florida (954) Broward (305) Dade (239) Collier (305) E-Fax (954) Broward Fax Designated E-Service: BY: BY: /S/ Mark S. Weinstein Mark S. Weinstein FL Bar No /S/ Judson L. Cohen JUDSON L. COHEN FL Bar No Page 16 of 16