Filing # 28445606 E-Filed 06/12/2015 04:02:33 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA BETH FEDORNAK, Plaintiff, vs CaseNo; MIAMI MARLINS, LP, a Foreign d Partnership, Defendant COMPLAINT, ‘The Plaintiff, BETH FEDORNAK, by and through her undersigned attorney, files this Complaint for damages against the Defendant, MIAMI MARLINS, LP, a Foreign Limited Partnership, (hereinafter referred to as “MIAMI MARLINS”), and alleges 1. This is an action for damages in excess of $15,000 00 exclusive of costs and interest. 2. The incident which constitutes the subject matter of this action occurred in Dade County, Florida 3. MIAMI MARLINS is a foreign limited partnership registered to due business in the State of Florida and may be served with process in this case by and through its registered agent, CT Corporation System, 1200 South Pine Island Road, Plantation, FL 33324 4. On or about June 29, 2013, MIAMI MARLINS owned and/or maintained Marlins Park, a baseball stadium, located at S01 Marlins Way, Miami, FL 33125S$. MIAMI MARLINS’ responsibilities at Marlins Park included providing promotional activities and entertainment during the Miami Marlins baseball games © These promotional activities included the employment of mascots dressed up as aquatic animals that run around the field and interact with the crowd 7 One of these mascots is dressed up like a shark, wearing a large blue costume with an oversized shark head. 8 Atall times relevant herein, this shark mascot was acting in the scope and course of his employment for MIAMI MARLINS, © On the evening of June 29, 2013, BETH FEDORNAK was an invitee at Marlins Park and was watching a Miami Marlins baseball game. BETH FEDORNAK \was seated approximately three rows up from the field 10. During @ break in the baseball game. the shark mascot approached BETH FEDORNAK as said mascot was exciting the baseball field and pretended to bite her on the head as she was sitting in her seat 11. Unfortunately, BETH FEDORNAK felt immediate pain in her neck after the impact of the shark head down on the top of her skull, 12. BETH FEDORNAK notified the staff at Marlins Park immediately following the incident that she was in significant pain as a result of this incident. 13. Asa direct result of this incident, BETH FEDORNAK sulfered serious personal injuries, including but not limited to, injury to her neck, back and extremities. She has incurred significant medical expenses in the treatment of her injuries. Her injuries have also impaired her ability to work. Her injuries are either permanent or continuing in nature and she will continue to suffer and incur future lossCOUNT ONE - NEGLIGENCE 14. Plaintiff incorporates the allegations contained in paragraphs 1-13 above, as if fully set forth herein. 1S. Defendant owed a duty to Plaintiff to ensure that it safely operated and maintained Marlins Park. and in particular, Defendant owed a duty to Plaintiff to ensure the Defendant's agents, servants and employees did not injure invitees to Marlins Park. 16. Defendant jolated this duty and was negligent in the following respects. Defendant, by and through its agents, servants or employees, failed to adequately train its mascots to be more careful in interacting with the patrons. b. Defendant failed to adequately supervise its agents, servants or ‘employees in the proper method in which to interact with patrons © Defendant failed to institute proper hiring procedures and was negligent in the hiring of the agent, servant or employee who was dressed as a shark mascot on the date in question, 17. As a result of Defendant's negligence, Plaintiff suffered painful and permanent personal injuries and incurred medical expenses Plaintiff will likely incur future medical treatment and expenses to treat these injuries 18. By virtue of Defendant's negligence, Defendant is liable to Plaintiff for the damages she has suffered and will likely incur in the future.COUNT TWO - BATTERY 19. Plaintiff incorporates the allegations in paragraphs 1-18 above, as if fully set forth herein, 20. Defendant, by and through its agents, servant or employee, intentionally struck the PlaintifF’s head, causing the PlaintifF to suffer bodily harm and injuries 21. Defendant is liable to Plaintiff for the damages she has suffered and will likely incur in the future WHEREFORE, Plaintiff, BETH FEDORNAR, demands judgment for damages against the Defendant, MIAMI MARLINS, LP, a Foreign Limited Partnership, together with the costs of this action and demands trial by jury of any and all issues so triable. DATED this 12" day of June, 2015 CARL REYNOLDS LAW 820 43" Street West Bradenton, Florida 34209 Phone: (941) 747-3300 Facsimile: (941) 708-0800 Attorney for Plaintif? Attorney Reviewed Electronically Signed {s/ Carl E_ Reynolds Carl E. Reynolds. Esquire FBN: 581801 H_ Bowen Summer, Esquire FBN: 112753 service@carlreynoldsiaw com