Filing # 202077984 E-Filed 07/08/2024 05:25:08 PM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT

IN AND FOR ORANGE COUNTY, FLORIDA

CASE NO:

SOLIAN DHEMBI,

Plaintiff,

VS.

SEA WORLD OF FLORIDA LLC,

Defendant.
/

COMPLAINT

COMES NOW Plaintiff, SOLIAN DHEMBI, and sues Defendant, SEA WORLD OF

FLORIDA LLC, and alleges:

1. This is an action for damages that exceeds the sum of FIFTY THOUSAND

DOLLARS ($50,000.00), exclusive of costs, interest, and attorneysfees (The estimated value of

Plaintiff s claim is in excess of the minimum jurisdictional threshold required by this

Court). Accordingly, Plaintiff has entered "$50,001" in the civil cover sheet for the "estimated

amount of the claim" as required in the preamble to the civil cover sheet for jurisdictional purposes

only (the Florida Supreme Court has ordered that the estimated "amount of claim" be set forth in

the civil cover sheet for data collection and clerical purposes only). The actual value of Plaintiff s

claim will be determined by a fair and just jury in accordance with Article 1, Section 21, Fla.

Const.

2. Plaintiff is a natural person residing in Clay County, Florida.

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 3. At all times material hereto Defendant, SEA WORLD OF FLORIDA, LLC, was a

Florida Limited Liability Corporation licensed to do business in the State of Florida, and the owner

and in possession of that certain business known as Sea World located at 6240 Sea Harbor Dr.,

Orlando, Orange County, Florida, said business being open to the general public, including the

Plaintiff herein.

4. On or about May 21, 2023, while watching the Dolphin show, the Plaintiff Solian

Dhembi was attacked and assaulted by another guest of Defendant, Sea World, sustaining serious

injuries. Defendant's employees failed to prevent and intervene allowing such attack/assault to

take place.

5. At said time and place, Plaintiff was a

guest of SeaWorld's, lawfully upon the

premises of Defendant, SEA WORLD OF FLORIDA, LLC, who owed Plaintiff a non-delegable

duty to exercise reasonable care for his safety.

6. At said time and place, the Defendants as the owners and/or landlords and/or

property managers of the premises have a legal, non-delegable duty pursuant to Florida Statute

83.51 to make reasonable provisions for the clean and safe condition of the common areas.

7. In exercising these duties, the Defendants knew, or in the exercise of ordinary care,

should have known, that numerous crimes, including crimes of violence, had occurred on or near

the premises during the months and years immediately preceding May 21, 2023.

8. At said time and place, Defendants owed Plaintiff a duty to exercise reasonable care

for his safety including the provision of security personnel and services at the premises, including

but not limited to, security, operational and protective services. Defendants had a duty to provide

security to its guests, including Plaintiff, to control and guard against prospective criminal and/or

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disruptive activity/behavior which had been occurring at this location before May 21, 2023 and

which Defendant knew about or reasonably should have known about on the date of the incident

that is the subject of this Complaint. Additionally, the duties owed by Defendant, SEA WORLD

OF FLORIDA, LLC, to Plaintiff were non-delegable due to the fact that Defendant, was the owner

and operator of the property in which the subject attack occurred.

9. The actions, inactions, omissions, negligence and other incidents which are the

subject rnatter of this Complaint occurred in Orange County, Florida.

COUNT I
NEGLIGENCE CLAIM AGAINST DEFENDANT SEA WORLD FLORIDA, LLC

Plaintiff, SOLIAN DHEMBI realleges and incorporates by reference paragraphs 1

through 9

above.

10. That at the time of the brutal attack on Plaintiff and at all material times prior

thereto, Defendant, SEA WORLD FLORIDA, LLC, breached its duty owed to Plaintiff by

committing one or more of the following omissions or commissions and failing to take reasonable

steps to eliminate illegal, criminal and dangerous activities from occurring on its premises of which

Defendant, SEA WORLD FLORIDA, LLC, knew or should have known. Such failures include,

but are not limited to

a) Failing to frequently patrol the establishment/premises/property with an

adequate number and visible presence of security personnel;

b) Failing to provide a security guard or law enforcement or have adequate

security or law enforcement to prevent potential assailants/perpetrators from gaining
access; and otherwise failing to partner with local law enforcement on crime
deterrence directly and/or by failing to have a neighborhood watch program or
committee

c) Failing to utilize sufficient security staff and/or off-duty/

officers when appropriate:

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 d) Failure to ensure security was provided in accordance with policies and
procedures and applicable security standards, codes, regulations and guidelines;

e) Failing to design a security plan and implement a security plan in

accordance with a threat/vulnerability assessment;

0 Failing to act as a deterrent to crime;

Failing to provide security so that invitees/guests are kept reasonably safe

while on Defendant's premises; failing to properly supervise, instruct and direct
any security that allegedly provided security on the premises;

h) Failing to utilize surveillance cameras/CCTV to act as a deterrent to crime

and to detect crime; failing to warn guests/invitees of physical harm from
intentional and/or criminal acts of unlawful intruders:

i) Failing to deter crime on the premises.

Negligently failing to warn Plaintiff regarding the presence of potential

assailants/perpetrators within the premises and that the risk of assault/battery and/or
other danger or other criminal activity existed within the premises and surrounding
area.

11. As a result of Defendant, SEA WORLD FLORIDA, LLC, negligence, an

assailant(s) was able to gain access to the Defendant's property, attacking and violently assaulting

the Plaintiff.

12. As a direct and proximate result of the negligence of Defendant, Plaintiff 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 earning,

loss of the ability to earn money, and aggravation of previously existing condition in the past and will

continue to suffer from same into the future. The losses are either permanent or continuing and

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Plaintiff has suffered from the losses in the past and will continue to suffer from these losses into the

future.

WHEREFORE, the Plaintiff, SOLIAN DHEMBI, sues the Defendant, SEA WORLD

FLORIDA, LLQ for damages and demands judgment in excess of Fifty Thousand and One Dollars

($50,001.00), plus interest and costs, and demands trial by jury of all issues so triable.

RESPECTFULLY submitted this 8th day of July, 2024.

/il W. Doge Martin

W. Doug Martin, Esquire
Florida Bar No.: 0024248
Morgan & Morgan, P.A.
20 N. Orange Avenue, Suite 1600
Post Office Box 4979
Orlando, FL 32802-4979
Telephone: (407) 420-1414
Facsimile: (407) 204-2186
Primary email: DMartin@forthepeople.com
Secondary email: mgesualdi@forthepeople.com;
brittany.vives@forthepeople.com
Counsel for Plaintiff