Filing # 188018458 E-Filed 12/14/2023 10:31:50 AM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT

IN AND FOR ORANGE COUNTY, FLORIDA

CASE NO.:

MICHAEL JOHNSON,

Plaintiff,

VS.

REEDY CREEK IMPROVEMENT DISTRICT,

Defendant.
/

COMPLAINT

Plaintiff, MICHAEL JOHNSON, by and through undersigned counsel, files this lawsuit against the

Defendant, REEDY CREEK IMPROVEMENT DISTRICT, and alleges:

1. This is an action for damages in excess of $50,000.00, exclusive of costs, interest and

attorneysfees.

2. Plaintiff, MICHAEL JOHNSON, is a natural person residing in Osceola County, Florida.

3. At all times material hereto, Defendant, REEDY CREEK IMPROVEMENT DISTRICT, is a

special district licensed to do business and doing business in Florida.

4. At all times material to this action, Defendant, REEDY CREEK IMPROVEMENT

DISTRICT, was the owner and in possession of a certain business known as Disney Springs Orange Parking

Garage located at 1486 Buena Vista Drive, Orlando, Orange County, Florida, with said business being that of

a parking garage, open to the general public, including the Plaintiff herein.

5. On or about July 7, 2022, Plaintiff, MICHAEL JOHNSON, was a business invitee at the

Disney Springs Orange parking garage located at 1486 Buena Vista Drive, Orlando, Orange County, Florida.

On that date, Plaintiff, MICHAEL JOHNSON, was utilizing the elevator located in the above-referenced

address when it malfunctioned by dropping several feet suddenly and without warning, then stopping abruptly,
forcefully shaking, and dropping again before ascending to the fifth floor of the parking garage. As a result,

Plaintiff, MICHAEL JOHNSON, was injured.

6. At all times material hereto, Defendant, REEDY CREEK IMPROVEMENT DISTRICT, had

possession and control of the parking garage known as Disney Springs Orange parking garage located at 1486

Buena Vista Drive, Orlando, Orange County, Florida and was responsible for the maintenance, upkeep and

care of said premises.

7. At all times material hereto, Defendant, REEDY CREEK IMPROVEMENT DISTRICT, had

a non-delegable duty to maintain the subject property in a reasonably safe condition.

8. Defendant, REEDY CREEK IMPROVEMENT DISTRICT, breached the duty owed to

patrons, including Plaintiff, MICHAEL JOHNSON, by:

a. Failing to exercise reasonable care that would result in the discovery of the faulty

condition of the elevator;

b. Failing to realize the faulty condition involved an unreasonable risk of harm to invitees;

c. Failing to expect that invitees would not discover or realize the danger of the faulty

elevator, or would fail to protect themselves against it;

d. Failing to exercise reasonable care to protect invitees against the danger of the faulty

elevator;

e. Failing to correct or adequately correct the unreasonably dangerous condition of the faulty

elevator when the condition was either known to the Defendant, had existed for a

sufficient length of time, and/or occurred with such regularity that Defendant should have

known of same had Defendant exercised reasonable care; and

f. Failing to reasonably inspect the elevator and safely operate and maintain the elevator

pursuant to Florida Statute §399.02(5)(b).

9. As a direct and proximate cause of Defendant, REEDY CREEK IMPROVEMENT

DISTRICT's negligence, Plaintiff MICHAEL JOHNSON suffered bodily injury in and about his body and

extremities, resulting in pain and suffering, disability, disfigurement, permanent and significant scarring,
mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing

care and treatment, loss of earnings, and loss of the ability to earn money in the future. As a result of said

injuries, Plaintiff will continue to incur damages in the future.

10. The Plaintiff has complied with all conditions precedent to bringing this action. The Plaintiff,

through counsel and pursuant to Fla. Stat. 768.28(6), provided notice to Department of Financial Services and

Reedy Creek Improvement District of his intent to pursue this action on January 18, 2023.1

WHEREFORE, Plaintiff, MICHAEL JOHNSON, sues Defendant REEDY CREEK

IMPROVEMENT DISTRICT for compensatory damages in an amount in excess of $50,000.00, inclusive

of interest and costs, and demands a trial by jury of all issues triable as of right by a jury.

Dated this 14th day of December, 2023.

Is/Amanda Elise Wright

AMANDA ELISE WRIGHT, ESQ.
FBN 0099232
LOUIS A. DEFREITAS, JR., ESQ.
FBN 0080292
OSBORNE & FRANCIS PLLC
805 Kirkman Rd., Suite 205
Orlando, FL 32811
Ph. (407) 655-3333
Facsimile: (407) 955-4865
Service emails:
awright@realtoughlawyers.com
ldefreitas@realtoughlawyers.com
nbatista@realtoughlawyers.com
rpaulino@realtoughlawyers.com
kmargolis@realtoughlawyers.com
Attorneys for Plaintiff

1
See Exhibit A: Claimant, Michael Johnson's Notice of Potential Litigation Against Reedy Creek Improvement
District Pursuant to Florida Statute 768.28 dated January 18, 2023.
EXHIBIT A
IN RE: PRESUIT NOTICE OF CLAIM
PURSUANT TO FLORIDA STATUTE 768.28(6)(A)

MICHAEL JOHNSON,

CLAIMANT,
V.

REEDY CREEK IMPROVEMENT DISTRICT,

PROSPECTIVE DEFENDANT.

CLAIMANT, MICHAEL JOHNSON'S NOTICE OF POTENTIAL LITIGATION

AGAINST REEDY CREEK IMPROVEMENT DISTRICT PURSUANT TO FLORIDA
STATUTE 768.28

VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED

Reedy Creek Improvement District

ATTN: Laurence C. Hames, President, Board of Supervisors
1900 Hotel Plaza Boulevard
Lake Buena Vista, FL 32830

And

Florida Department of Financial Services

200 E. Gaines St.
Tallahassee, FL 32399

Pursuant to Florida Statute Section 768.28, this letter will serve to notify you or otherwise
place you on notice that Claimant, Michael Johnson, has placed you on notice of their intent to
initiate litigation against a governmental entity, namely, the Reedy Creek Improvement District.

The following claimant places you on notice of their claim:

Claimant: Michael Johnson

Address: 1221 Salinger Loop, #204, Celebration, FL 34747

Date of Birth:

Place of Birth: California (United States Citizen)

Incident Location: July 16, 2022 in the elevator of the parking garage at Disney Springs,
Lake Buena Vista, Orange County, Florida.

Allegations: On July 16, 2022 Michael Johnson was lawfully on the premises
owned and/or leased by Reedy Creek Improvement District at the parking garage adjacent
to Disney Springs, at Walt Disney World, in Orange County, Florida. While leaving Disney
Springs with his daughter, Michael Johnson entered Reedy Creek Improvement District's
parking garage elevator to return to his vehicle. While ascending, the elevator, without
warning, stopped abruptly, fell several feet and stopped short again between floors,
slamming the Plaintiff's body downward, and, as a consequence Michael Johnson sustained
severe bodily injury.

No prior adjudicated unpaid claim in excess of $200.00 exists relative to this

claimant.

RESPECTFULLY subrnitted this 18th day of January, 2023.

Michael D. Cerasa, Esquire

Florida Bar No.: 0015085
The Cerasa Law Firm LLC
1095 W Morse Blvd, Suite 100
Winter Park, FL 32789
Direct: (407) 995-6770
Fax: (407) 917-8308
Attorney for Plaintiff
meerasa@Cerasa-Law.corn