Filing # Electronically Filed 12/29/ :48:06 PM

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1 Filing # Electronically Filed 12/29/ :48:06 PM PENELOPE BELVOIR, as Executor de son Tort for the Pending Estate of Robert Belvoir, Deceased, vs. Plaintiff, ROPES COURSES, INC., FB ORLANDO ACQUISITION COMPANY, LLC, PARAGON OUTLET PARTNERS, LLC, and SKY TRAIL, LLC, Defendants. / IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NO.: COMPLAINT Plaintiff, PENELOPE BELVOIR, as Executor de son Tort for the pending Estate of Robert Belvoir, Deceased, by and through their undersigned counsel, brings this Complaint against Defendants, ROPES COURSES, INC., FB ORLANDO ACQUISITION COMPANY, LLC, PARAGON OUTLET PARTNERS, LLC, and SKY TRAIL, LLC. Plaintiff states: Jurisdiction 1. This is an action for damages in excess of Fifteen Thousand Dollars ($15,000.00) exclusive of interest, costs and attorney s fees. 2. Plaintiff brings this action in her capacity as Executor de son Tort for the pending Estate of Robert Belvoir, Deceased. At all times material hereto, Plaintiff and Robert Belvoir were residents of the State of Florida.

2 3. At all times material hereto, Defendant ROPES COURSES, INC. ( RCI ) was a foreign, for-profit corporation which operated, conducted, engaged in, and/or carried on a business or business venture in the State of Florida; and was engaged in a course of conduct in which revenue was derived from providing goods and/or services throughout Florida, including Orange County, Florida. 4. At all times material hereto, Defendant FB ORLANDO ACQUISITION COMPANY, LLC ( FB Orlando ) was a foreign, for-profit limited liability company which was licensed to do business in the State of Florida; which operated, conducted, engaged in, and/or carried on a business or business venture in the State of Florida; and was engaged in a course of conduct in which revenue was derived from providing goods and/or services throughout Florida, including Orange County, Florida. 5. At all times material hereto, Defendant PARAGON OUTLET PARTNERS, LLC, ( Paragon ) was a company which is not licensed to do business in the State of Florida; however, which operated, conducted, engaged in, and/or carried on a business or business venture in the State of Florida; and was engaged in a course of conduct in which revenue was derived from providing goods and/or services throughout Florida, including Orange County, Florida. 6. At all times Material hereto, Defendant SKY TRAIL, LLC ( Sky Trail ) was a foreign, for-profit limited liability company with its principal place of business in Florida; which was licensed to do business in the State of Florida; which operated, conducted, engaged in, and/or carried on a business or business venture in the State of Florida; and was engaged in a course of conduct in which revenue was derived from providing goods and/or services throughout Florida, including Orange County, Florida. 2

3 7. Among other things, RCI is in the business of designing, testing, and/or installing aerial adventure courses including its component parts, and in particular the rails and harness at issue in this case. 8. Among other things, FB Orlando is in the business of owning, maintaining and operating a mall known as Artegon Markeplace Orlando, which features an aerial adventure course known as Artegon Sky Trail. 9. Among other things, Paragon is in the business of owning and/or managing properties upon which the Artegon Sky Trail is located. 10. Among other things, Sky Trail is in the business of owning and managing aerial adventure courses, including the Artegon Sky Trail, for use by consumers. General Allegations Nature of Action 11. Plaintiff brings this action as a wrongful death claim pursuant to Sections , the Florida Wrongful Death Act. Plaintiff brings this wrongful death claim for: the product liability and negligence of RCI, FB Orlando, Paragon and Sky Trail; and for the premises liability of FB Orlando, Paragon, and Sky Trail. Plaintiff s causes of action are based upon: RCI, FB Orlando, Paragon and Sky Trail s strict product liability; RCI, FB Orlando, Paragon and Sky Trail s negligent acts and/or omissions; and FB Orlando, Paragon, and Sky Trail s ownership, possession, and control over the dangerous conditions on the premises all of which caused and/or contributed to Robert Belvoir s death, the Estate of Robert Belvoir s damages, and the survivor of Robert Belvoir s injuries, damages, and losses. 3

4 General Allegations Identity of Wrongful Death Survivor 12. This action is brought by Plaintiff in her capacity as Executor de son Tort for the pending Estate of Robert Belvoir. Plaintiff brings this action for the use and benefit of the Estate of Robert Belvoir and for and on behalf of Robert Belvoir s sole statutory survivor. 13. PENELOPE BELVOIR was the natural daughter of Robert Belvoir and is entitled to preference to appointment as personal representative when the pending Estate of Robert Belvoir is established. PENELOPE BELVOIR is the sole statutory survivor as defined by Section , Fla. Stat. The Estate of Robert Belvoir, and PENELOPE BELVOIR are the potential beneficiaries of this Wrongful Death Action. General Allegations RCI, FB Orlando, Paragon and Sky Trail 14. At all times material hereto, RCI designed, developed, manufactured, distributed, sold, supplied, installed and/or otherwise placed into the stream of commerce an aerial adventure course known as the Artegon Sky Trail, including the rails and harness at issue in this case. 15. At all times material hereto, FB Orlando, Paragon and Sky Trail assisted RCI in the design, development, manufacture, distribution, installation, and/or FB Orlando, Paragon and Sky Trail otherwise placed Artegon Sky Trail into the stream of commerce. 16. At all times material hereto, FB Orlando, Paragon and/or Sky Trail owned, maintained, revenue-shared with Sky Trail and/or operated the Artegon Sky Trail, and/or otherwise placed the Artegon Sky Trail into the stream of commerce. General Allegations Common to Strict Liability Counts 17. At all times material hereto, RCI, FB Orlando, Paragon and Sky Trail s Artegon Sky Trail was defective in numerous ways including, but not limited to, the facts that: 4

5 The Artegon Sky Trail s harness was defective and prone to disengaging from the Artegon Sky Trail s track when an aerial adventure course participant was at great height; The Artegon Sky Trail s track was defective and prone to allowing the Artegon Sky Trail s harness to disengage from it when an aerial adventure course participant was at great height; The interface between the Artegon Sky Trail s harness and Artegon Sky Trail s track was defective, allowing the harness to disengage from the Artegon Sky Trail s track when an aerial adventure course participant was at great height; Because the Artegon Sky Trail s harness could disengage from the Artegon Sky Trail s track when the aerial adventure course participant was at great height, the Artegon Sky Trail failed to perform as safely as an ordinary consumer would expect when used as intended or in a manner which was reasonably foreseeable; The Artegon Sky Trail was defectively designed, in that the Artegon Sky Trail s harness could disengage from the Artegon Sky Trail s track when the aerial adventure course participant was at great height; The Artegon Sky Trail was defectively manufactured, in that the Artegon Sky Trail s harness could disengage from the Artegon Sky Trail s track when the aerial adventure course participant was at great height; Because the Artegon Sky Trail s harness could disengage from the Artegon Sky Trail s track when the aerial adventure course participant was at great height, the risks of danger in the Artegon Sky Trail s design outweighed the benefits; The Artegon Sky Trail and its safety systems, including its harness, rail, and interface between the harness and rail, were not adequately and appropriately tested or inspected, and they did not meet sufficient quality control and quality assurance standards; and The Artegon Sky Trail failed to conform to applicable safety standards governing aerial adventure courses. 5

6 General Allegations The Underlying Incident 18. On December 24, 2014, while at the Artegon Marketplace Orlando mall, PENELOPE BELVOIR and Robert Belvoir participated as business invitees in and on the aerial adventure course known as the Artegon Sky Trail. 19. While participating in the Artegon Sky Trail, Robert Belvoir utilized a harness provided by Sky Trail. At that place and time, Robert Belvoir s harness separated from the Artegon Sky Trail s track and Mr. Belvoir fell approximately 30 feet to his death. 20. Penelope Belvoir saw her father fall. General Allegations Causation and Damages 21. As a direct and proximate result of RCI, FB Orlando, Paragon and Sky Trail s product liability, negligent actions and/or inactions, and as direct and proximate result of the dangerous condition on FB Orlando, Paragon, and Sky Trail s premises, as stated herein: Robert Belvoir was killed; the Estate of Robert Belvoir incurred medical, hospital, doctor and/or nursing expenses, and burial and funeral expenses, and sustained a loss of net accumulations; and PENELOPE BELVOIR suffered lost parental companionship, instruction, and guidance, and suffered, and will continue to suffer, mental pain and suffering. COUNT I Strict Liability of RCI, FB Orlando, Paragon and Sky Trail (Breach of Implied Warranty of Merchantability) Plaintiff repeats and realleges paragraphs 1 through 21 as if each paragraph were recited verbatim within this Count. 22. The Artegon Sky Trail was defective in numerous ways, including those ways set forth in paragraph 17, above. As a result of these defects, the Artegon Sky Trail was not reasonably fit for the uses intended or reasonably foreseeable by RCI, FB Orlando, Paragon and Sky Trail, including the foreseeable purpose for which Robert Belvoir used the Artegon Sky 6

7 Trail. The Artegon Sky Trail was not fit for use as an aerial adventure course, the purpose for which RCI, FB Orlando, Paragon and Sky Trail placed the Artegon Sky Trail into the stream of commerce and the purpose for which Robert Belvoir used the Artegon Sky Trail, because the Artegon Sky Trail was unsafe, the harness utilized by persons on the Artegon Sky Trail could separate from the Artegon Sky Trail track, and persons could fall to their death. 23. The defects in the Artegon Sky Trail were a direct, proximate, and legal cause of the injuries, damages, and losses described in paragraph 21, above. WHEREFORE Plaintiff, PENELOPE BELVOIR, as Executor de son Tort for the Pending Estate of Robert Belvoir, Deceased, demands judgment for all damages recoverable under Florida law against Defendants RCI, FB Orlando, Paragon and Sky Trail, and further demands trial by jury of all issues so triable. COUNT II Strict Liability of RCI, FB Orlando, Paragon and Sky Trail (Breach of Implied Warranty of Fitness for a Particular Purpose) Plaintiff repeats and realleges paragraphs 1 through 21 as if each paragraph were recited verbatim within this Count. 24. When the Artegon Sky Trail was installed and placed for use by Robert Belvoir, the Artegon Sky Trail was defective in numerous ways, including those ways set forth in paragraph 17, above. As a result of these defects, the Artegon Sky Trail was not reasonably fit for the specific purpose for which RCI, FB Orlando, Paragon and Sky Trail knowingly presented the Artegon Sky Trail for use by the public, including the specific purpose for which, in reliance on the skill and judgment of RCI, FB Orlando, Paragon and Sky Trail, Robert Belvoir used the Artegon Sky Trail. The Artegon Sky Trail was not reasonably fit for use as an aerial adventure course, the purpose for which RCI, FB Orlando, Paragon and Sky Trail placed the Artegon Sky Trail into the stream of commerce and the purpose for which Robert Belvoir used the Artegon 7

8 Sky Trail, because: the Artegon Sky Trail was unsafe; the harness utilized by persons on the Artegon Sky Trail could separate from the Artegon Sky Trail track; and persons could fall to their death. Robert Belvoir was a user of the Artegon Sky Trail, and relied on RCI, FB Orlando, Paragon and Sky Trail s judgment to design, develop, manufacture, distribute, sell, supply, and/or otherwise place into the stream of commerce a suitable aerial adventure course. 25. The defects in the Artegon Sky Trail were a direct, proximate, and legal cause of the injuries, damages, and losses described in Paragraph 21, above. WHEREFORE Plaintiff, PENELOPE BELVOIR, as Executor de son Tort for the Pending Estate of Robert Belvoir, Deceased, demands judgment for all damages recoverable under Florida law against Defendants RCI, FB Orlando, Paragon and Sky Trail, and further demands trial by jury of all issues so triable. COUNT III Strict Liability of RCI, FB Orlando, Paragon and Sky Trail (Design Defect and/or Manufacturing Defect) Plaintiff repeats and realleges paragraphs 1 through 21 as if each paragraph were recited verbatim within this Count. 26. RCI defectively manufactured the Artegon Sky Trail in that the aerial adventure course and its component parts, and in particular the rails and harness at issue in this case, were not manufactured in accordance with RCI s specifications. The Artegon Sky Trail did not meet RCI s specifications because the Artegon Sky Trail s harness could disengage from the Artegon Sky Trail s track when the aerial adventure course participant was at great height. According to RCI: The participant safety system consists of a full body harness and a sling line. Each course has a continuous belay overhead tracking system that prevents participants from disconnecting their sling line from the course at any time. The participant s sling line is inserted into the overhead track before they leave the ground, and it cannot be unhooked from the system until they are back on the ground. 8

9 27. RCI, FB Orlando, Paragon and Sky Trail placed the Artegon Sky Trail into the stream of commerce knowing it was to be used without inspection for defects. The Artegon Sky Trail was expected to reach and in fact reached Robert Belvoir and others without any substantial change in condition after being placed on the market by RCI, FB Orlando, Paragon and Sky Trail. Notwithstanding, when the Artegon Sky Trail left the possession of RCI and was placed in the stream of commerce by RCI, FB Orlando, Paragon and Sky Trail, the Artegon Sky Trail was defective in numerous ways, including those ways set forth in paragraph 17, above. 28. The defects inherent in the Artegon Sky Trail were a direct, proximate, and legal cause of the injuries, damages, and losses described in Paragraph 21, above. WHEREFORE Plaintiff, PENELOPE BELVOIR, as Executor de son Tort for the Pending Estate of Robert Belvoir, Deceased, demands judgment for all damages recoverable under Florida law against Defendants RCI, FB Orlando, Paragon and Sky Trail, and further demands trial by jury of all issues so triable. COUNT IV Strict Liability of RCI, FB Orlando, Paragon and Sky Trail (Failure to Warn) Plaintiff repeats and realleges paragraphs 1 through 21 as if each paragraph were recited verbatim within this Count. 29. When the Artegon Sky Trail left the possession of RCI and was placed in the stream of commerce by RCI, FB Orlando, Paragon and Sky Trail, the Product was defective in numerous ways, including those ways set forth in paragraph 17, above. 30. The risks from the defective condition of the Artegon Sky Trail were foreseeable to RCI, FB Orlando, Paragon and Sky Trail. The foreseeable risks of harm from the Artegon Sky Trail could have been reduced, avoided, or eliminated if RCI, FB Orlando, Paragon and Sky Trail had provided reasonable instructions or warnings. However, RCI, FB Orlando, Paragon and Sky 9

10 Trail designed, developed, manufactured, distributed, sold, and/or supplied the Artegon Sky Trail to Robert Belvoir without appropriate instructions, directions, or warnings concerning use of the Artegon Sky Trail. RCI, FB Orlando, Paragon and Sky Trail s failure to provide Robert Belvoir with reasonable instructions or warnings made the Artegon Sky Trail unreasonably dangerous for use. 31. Even if RCI, FB Orlando, Paragon and Sky Trail exercised all possible care in the design, development, manufacture, distribution, sale, and/or supply of the Artegon Sky Trail, which it did not, the Artegon Sky Trail was defective due to RCI, FB Orlando, Paragon and Sky Trail s failure to provide Robert Belvoir with reasonable instructions or warnings concerning its use. 32. The defects inherent in the Artegon Sky Trail were a direct, proximate, and legal cause of the injuries, damages, and losses described in Paragraph 21, above. WHEREFORE Plaintiff, PENELOPE BELVOIR, as Executor de son Tort for the Pending Estate of Robert Belvoir, Deceased, demands judgment for all damages recoverable under Florida law against Defendants RCI, FB Orlando, Paragon and Sky Trail, and further demands trial by jury of all issues so triable. COUNT V Negligence of RCI (Including Negligent Failure to Warn) Plaintiff repeats and realleges paragraphs 1 through 21 as if each paragraph were recited verbatim within this Count. 33. At all times material hereto, RCI owed persons to whom it marketed, sold, and supplied the Artegon Sky Trail a duty of reasonable care to design, develop, manufacture, distribute, sell, supply, and/or otherwise place the Artegon Sky Trail into the stream of commerce. 10

11 34. RCI also owed the duties to inspect and test the Artegon Sky Trail to ensure the harness utilized by persons on the Artegon Sky Trail could not separate from the Artegon Sky Trail track, and persons could not fall to their death, and to ensure the Artegon Sky Trail met guidelines and standards for aerial adventure courses. 35. Furthermore, RCI owed persons to whom it marketed and sold the Artegon Sky Trail a duty to adequately warn of the risks associated with using the Artegon Sky Trail, including the risks that the harness utilized by persons on the Artegon Sky Trail could separate from the Artegon Sky Trail track, and persons could fall to their death. 36. As a foreseeable user of the Artegon Sky Trail, Robert Belvoir was therefore among the class of persons to whom RCI owed these duties. 37. The harness utilized by persons on the Artegon Sky Trail could separate from the Artegon Sky Trail track, and persons could fall to their death. RCI knew, or in the exercise of reasonable care should have known, of the dangers posed by the Artegon Sky Trail s harness, its ability to separate from the Artegon Sky Trail track, and the consequence that persons could fall to their death. 38. RCI did not repair and/or correct the the Artegon Sky Trail s harness to prevent it from separating from the Artegon Sky Trail track, or warn of the harness s ability to separate from the track, or the consequence that persons could fall to their death. RCI s actions and omissions in not repairing, correcting, and/or warning of the harness s ability to separate from the track created and/or allowed a foreseeable zone of risk posing a general threat of harm toward persons on the Artegon Sky Trail. As a person using the Artegon Sky Trail, Robert Belvoir was a person placed in this foreseeable zone of risk. 11

12 39. RCI breached its duties in that it failed to exercise reasonable care in designing, developing, manufacturing, distributing, selling, supplying, and/or otherwise placing the Artegon Sky Trail into the stream of commerce. RCI breached its duties in that it failed to adequately and reasonably inspect and test the Artegon Sky Trail to ensure the harness utilized by persons on the Artegon Sky Trail could not separate from the Artegon Sky Trail track, and persons could not fall to their death. RCI breached its duties in that it failed to provide a way for consumers and users to make the Artegon Sky Trail safe. RCI breached its duties in that it failed to make sure the Artegon Sky Trail met guidelines and standards for aerial adventure courses. 40. RCI breached its duties in that it failed to adequately warn consumers of the risks associated with using the Artegon Sky Trail, including using the Artegon Sky Trail s harness and track. RCI breached its duties in that it designed, developed, manufactured, distributed, sold, supplied, and/or otherwise placed an inherently dangerous Artegon Sky Trail into the stream of commerce, and the danger could not be minimized due to the design and function of the Artegon Sky Trail, its harness, and its track. 41. RCI breached its duties in that it failed to recall, repair, or close the Artegon Sky Trail when it knew or with the exercise of reasonable care should have known of the dangers posed by the Artegon Sky Trail. 42. RCI s actions and/or omissions, as stated above, were a direct, proximate, and legal cause of the injuries, damages, and losses described in Paragraph 21, above. WHEREFORE Plaintiff, PENELOPE BELVOIR, as Executor de son Tort for the Pending Estate of Robert Belvoir, Deceased, demands judgment for all damages recoverable under Florida law against Defendant RCI, and further demands trial by jury of all issues so triable. 12

13 COUNT VI Negligence of FB Orlando (Including Negligent Failure to Warn) Plaintiff repeats and realleges paragraphs 1 through 21 as if each paragraph were recited verbatim within this Count. 43. At all times material hereto, FB Orlando owed persons to whom it marketed, sold, and supplied the Artegon Sky Trail a duty of reasonable care to design, develop, distribute, sell, supply, and/or otherwise place the Artegon Sky Trail into the stream of commerce. 44. FB Orlando also owed the duties to inspect and test the Artegon Sky Trail to ensure the harness utilized by persons on the Artegon Sky Trail could not separate from the Artegon Sky Trail track, and persons could not fall to their death, and to ensure the Artegon Sky Trail met guidelines and standards for aerial adventure courses. 45. Furthermore, FB Orlando owed persons to whom it marketed and sold the Artegon Sky Trail a duty to adequately warn of the risks associated with using the Artegon Sky Trail, including the risks that the harness utilized by persons on the Artegon Sky Trail could separate from the Artegon Sky Trail track, and persons could fall to their death. 46. As a foreseeable user of the Artegon Sky Trail, Robert Belvoir was therefore among the class of persons to whom FB Orlando owed these duties. 47. The harness utilized by persons on the Artegon Sky Trail could separate from the Artegon Sky Trail track, and persons could fall to their death. FB Orlando knew, or in the exercise of reasonable care should have known, of the dangers posed by the Artegon Sky Trail s harness, its ability to separate from the Artegon Sky Trail track, and the consequence that persons could fall to their death. 48. FB Orlando did not repair and/or correct the the Artegon Sky Trail s harness to prevent it from separating from the Artegon Sky Trail track, or warn of the harness s ability to 13

14 separate from the track, or the consequence that persons could fall to their death. FB Orlando s actions and omissions in not repairing, correcting, and/or warning of the harness s ability to separate from the track created and/or allowed a foreseeable zone of risk posing a general threat of harm toward persons on the Artegon Sky Trail. As a person using the Artegon Sky Trail, Robert Belvoir was a person placed in this foreseeable zone of risk. 49. FB Orlando breached its duties in that it failed to exercise reasonable care in designing, developing, distributing, selling, supplying, and/or otherwise placing the Artegon Sky Trail into the stream of commerce. FB Orlando breached its duties in that it failed to adequately and reasonably inspect and test the Artegon Sky Trail to ensure the harness utilized by persons on the Artegon Sky Trail could not separate from the Artegon Sky Trail track, and persons could not fall to their death. FB Orlando breached its duties in that it failed to provide a way for consumers and users to make the Artegon Sky Trail safe. FB Orlando breached its duties in that it failed to make sure the Artegon Sky Trail met guidelines and standards for aerial adventure courses. 50. FB Orlando breached its duties in that it failed to adequately warn consumers of the risks associated with using the Artegon Sky Trail, including using the Artegon Sky Trail s harness and track. FB Orlando breached its duties in that it designed, developed, distributed, sold, supplied, and/or otherwise placed an inherently dangerous Artegon Sky Trail into the stream of commerce, and the danger could not be minimized due to the design and function of the Artegon Sky Trail, its harness, and its track. 51. FB Orlando breached its duties in that it failed to recall, repair, or close the Artegon Sky Trail when it knew or with the exercise of reasonable care should have known of the dangers posed by the Artegon Sky Trail. 14

15 52. FB Orlando s actions and/or omissions, as stated above, were a direct, proximate, and legal cause of the injuries, damages, and losses described in Paragraph 21, above. WHEREFORE Plaintiff, PENELOPE BELVOIR, as Executor de son Tort for the Pending Estate of Robert Belvoir, Deceased, demands judgment for all damages recoverable under Florida law against Defendant FB Orlando, and further demands trial by jury of all issues so triable. COUNT VII Negligence of Paragon (Including Negligent Failure to Warn) Plaintiff repeats and realleges paragraphs 1 through 21 as if each paragraph were recited verbatim within this Count. 53. At all times material hereto, Paragon owed persons to whom it marketed, sold, and supplied the Artegon Sky Trail a duty of reasonable care to design, develop, distribute, sell, supply, and/or otherwise place the Artegon Sky Trail into the stream of commerce. 54. Paragon also owed the duties to inspect and test the Artegon Sky Trail to ensure the harness utilized by persons on the Artegon Sky Trail could not separate from the Artegon Sky Trail track, and persons could not fall to their death, and to ensure the Artegon Sky Trail met guidelines and standards for aerial adventure courses. 55. Furthermore, Paragon owed persons to whom it marketed and sold the Artegon Sky Trail a duty to adequately warn of the risks associated with using the Artegon Sky Trail, including the risks that the harness utilized by persons on the Artegon Sky Trail could separate from the Artegon Sky Trail track, and persons could fall to their death. 56. As a foreseeable user of the Artegon Sky Trail, Robert Belvoir was therefore among the class of persons to whom Paragon owed these duties. 15

16 57. The harness utilized by persons on the Artegon Sky Trail could separate from the Artegon Sky Trail track, and persons could fall to their death. Paragon knew, or in the exercise of reasonable care should have known, of the dangers posed by the Artegon Sky Trail s harness, its ability to separate from the Artegon Sky Trail track, and the consequence that persons could fall to their death. 58. Paragon did not repair and/or correct the the Artegon Sky Trail s harness to prevent it from separating from the Artegon Sky Trail track, or warn of the harness s ability to separate from the track, or the consequence that persons could fall to their death. Paragon s actions and omissions in not repairing, correcting, and/or warning of the harness s ability to separate from the track created and/or allowed a foreseeable zone of risk posing a general threat of harm toward persons on the Artegon Sky Trail. As a person using the Artegon Sky Trail, Robert Belvoir was a person placed in this foreseeable zone of risk. 59. Paragon breached its duties in that it failed to exercise reasonable care in designing, developing, distributing, selling, supplying, and/or otherwise placing the Artegon Sky Trail into the stream of commerce. Paragon breached its duties in that it failed to adequately and reasonably inspect and test the Artegon Sky Trail to ensure the harness utilized by persons on the Artegon Sky Trail could not separate from the Artegon Sky Trail track, and persons could not fall to their death. Paragon breached its duties in that it failed to provide a way for consumers and users to make the Artegon Sky Trail safe. Paragon breached its duties in that it failed to make sure the Artegon Sky Trail met guidelines and standards for aerial adventure courses. 60. Paragon breached its duties in that it failed to adequately warn consumers of the risks associated with using the Artegon Sky Trail, including using the Artegon Sky Trail s harness and track. Paragon breached its duties in that it designed, developed, distributed, sold, 16

17 supplied, and/or otherwise placed an inherently dangerous Artegon Sky Trail into the stream of commerce, and the danger could not be minimized due to the design and function of the Artegon Sky Trail, its harness, and its track. 61. Paragon breached its duties in that it failed to recall, repair, or close the Artegon Sky Trail when it knew or with the exercise of reasonable care should have known of the dangers posed by the Artegon Sky Trail. 62. Paragon s actions and/or omissions, as stated above, were a direct, proximate, and legal cause of the injuries, damages, and losses described in Paragraph 21, above. WHEREFORE Plaintiff, PENELOPE BELVOIR, as Executor de son Tort for the Pending Estate of Robert Belvoir, Deceased, demands judgment for all damages recoverable under Florida law against Defendant Paragon, and further demands trial by jury of all issues so triable. COUNT VIII Negligence of Sky Trail (Including Negligent Failure to Warn) Plaintiff repeats and realleges paragraphs 1 through 21 as if each paragraph were recited verbatim within this Count. 63. At all times material hereto, Sky Trail owed persons to whom it marketed, sold, and supplied the Artegon Sky Trail a duty of reasonable care to distribute, sell, supply, and/or otherwise place the Artegon Sky Trail into the stream of commerce. 64. Sky Trail also owed the duties to inspect and test the Artegon Sky Trail to ensure the harness utilized by persons on the Artegon Sky Trail could not separate from the Artegon Sky Trail track, and persons could not fall to their death, and to ensure the Artegon Sky Trail met guidelines and standards for aerial adventure courses. 17

18 65. Furthermore, Sky Trail owed persons to whom it marketed and sold the Artegon Sky Trail a duty to adequately warn of the risks associated with using the Artegon Sky Trail, including the risks that the harness utilized by persons on the Artegon Sky Trail could separate from the Artegon Sky Trail track, and persons could fall to their death. 66. As a foreseeable user of the Artegon Sky Trail, Robert Belvoir was therefore among the class of persons to whom Sky Trail owed these duties. 67. The harness utilized by persons on the Artegon Sky Trail could separate from the Artegon Sky Trail track, and persons could fall to their death. Sky Trail knew, or in the exercise of reasonable care should have known, of the dangers posed by the Artegon Sky Trail s harness, its ability to separate from the Artegon Sky Trail track, and the consequence that persons could fall to their death. 68. Sky Trail did not repair and/or correct the the Artegon Sky Trail s harness to prevent it from separating from the Artegon Sky Trail track, or warn of the harness s ability to separate from the track, or the consequence that persons could fall to their death. Sky Trail s actions and omissions in not repairing, correcting, and/or warning of the harness s ability to separate from the track created and/or allowed a foreseeable zone of risk posing a general threat of harm toward persons on the Artegon Sky Trail. As a person using the Artegon Sky Trail, Robert Belvoir was a person placed in this foreseeable zone of risk. 69. Sky Trail breached its duties in that it failed to exercise reasonable care in designing, developing, manufacturing, distributing, selling, supplying, and/or otherwise placing the Artegon Sky Trail into the stream of commerce. Sky Trail breached its duties in that it failed to adequately and reasonably inspect and test the Artegon Sky Trail to ensure the harness utilized by persons on the Artegon Sky Trail could not separate from the Artegon Sky Trail track, and 18

19 persons could not fall to their death. Sky Trail breached its duties in that it failed to provide a way for consumers and users to make the Artegon Sky Trail safe. Sky Trail breached its duties in that it failed to make sure the Artegon Sky Trail met guidelines and standards for aerial adventure courses. 70. Sky Trail breached its duties in that it failed to adequately warn consumers of the risks associated with using the Artegon Sky Trail, including using the Artegon Sky Trail s harness and track. Sky Trail breached its duties in that it designed, developed, manufactured, distributed, sold, supplied, and/or otherwise placed an inherently dangerous Artegon Sky Trail into the stream of commerce, and the danger could not be minimized due to the design and function of the Artegon Sky Trail, its harness, and its track. 71. Sky Trail breached its duties in that it failed to recall, repair, or close the Artegon Sky Trail when it knew or with the exercise of reasonable care should have known of the dangers posed by the Artegon Sky Trail. 72. Sky Trail s actions and/or omissions, as stated above, were a direct, proximate, and legal cause of the injuries, damages, and losses described in Paragraph 21, above. WHEREFORE Plaintiff, PENELOPE BELVOIR, as Executor de son Tort for the Pending Estate of Robert Belvoir, Deceased, demands judgment for all damages recoverable under Florida law against Defendant Sky Trail, and further demands trial by jury of all issues so triable. 19

20 COUNT IX Premises Liability of FB Orlando, Paragon, and Sky Trail Plaintiff repeats and realleges paragraphs 1 through 21 as if each paragraph were recited verbatim within this Count. 73. At all times material hereto, FB Orlando and Paragon were the owners, landlords, management companies, and/or entities who, individually or in combination with each other, maintained exclusive control over Artegon Marketplace Orlando, the premises where the Artegon Sky Trail was located. Sky Trail was the owner of the Artegon Sky Trail who also exercised control over those portions of Artegon Marketplace Orlando where the Artegon Sky Trail was located. 74. At all times material hereto, FB Orlando, Paragon, and/or Sky Trail, individually or in combination with each other, maintained exclusive control over the Artegon Sky Trail and the premises upon which the Artegon Sky Trail was located. 75. At all times material hereto, FB Orlando, Paragon, and/or Sky Trail knew, or in the exercise of reasonable care and diligence should have known, that the Artegon Sky Trail was dangerous, unreasonably dangerous, and posed a foreseeable threat of harm to persons who utilized the Artegon Sky Trail located on the Artegon Marketplace Orlando premises. FB Orlando, Paragon, and/or Sky Trail knew, or in the exercise of reasonable care and diligence should have known, the Artegon Sky Trail was unsafe; the harness utilized by persons on the Artegon Sky Trail could separate from the Artegon Sky Trail track; and persons could fall to their death. 76. The facts that the Artegon Sky Trail was unsafe, the harness utilized by persons on the Artegon Sky Trail could separate from the Artegon Sky Trail track, and persons could fall to their death, were unknown to business invitees, including Robert Belvoir, and these facts could 20

21 not be discovered by business invitees, including Robert Belvoir, through the exercise of due care. 77. As the owners, landlords, management companies, and/or entities who, individually or in combination with each other, maintained exclusive control over the Artegon Sky Trail and Artegon Marketplace Orlando, FB Orlando, Paragon, and Sky Trail owed the duties to keep the Artegon Sky Trail and Artegon Marketplace Orlando property in a reasonably safe condition, and to warn persons who were lawfully on the property of concealed dangers. 78. At all times material hereto, Robert Belvoir was a business invitee of Sky Trail and FB Orlando and/or Paragon, who was lawfully on the Artegon Marketplace Orlando property. As a business invitee who was lawfully on the Artegon Sky Trail and Artegon Marketplace Orlando premises, Robert Belvoir was a person to whom FB Orlando, Paragon, and Sky Trail owed the duties referenced in the preceding paragraph. 79. FB Orlando, Paragon, and Sky Trail breached their duties in that they: a. Allowed the harness utilized by Robert Belvoir to separate from the Artegon Sky Trail s track, permitting Robert Belvoir to fall to his death; b. Failed to keep the Artegon Sky Trail and Artegon Marketplace Orlando property in reasonably safe condition; c. Failed to protect business invitees, including Robert Belvoir, from dangers which FB Orlando, Paragon, and Sky Trail knew about or should have known about; and d. Failed to warn business invitees, including Robert Belvoir, of concealed dangers on the the Artegon Sky Trail and Artegon Marketplace Orlando premises which FB Orlando, Paragon, and Sky Trail knew or should have known about, which were unknown to business invitees, including Robert Belvoir, and which could not be discovered by those persons through the exercise of due care. 80. FB Orlando, Paragon, and Sky Trail s actions and/or omissions and premises liability, as stated above, were a direct, proximate, and legal cause of the injuries, damages, and losses described in Paragraph 21, above. 21

22 WHEREFORE Plaintiff, PENELOPE BELVOIR, as Executor de son Tort for the Pending Estate of Robert Belvoir, Deceased, demands judgment for all damages recoverable under Florida law against Defendants FB Orlando, Paragon, and Sky Trail, and further demands trial by jury of all issues so triable. Dated: December 29, Mark A. Nation, Esquire Board Certified Civil Trail Attorney Florida Bar No The Nation Law Firm, LLP 570 Crown Oak Centre Drive Longwood, FL Telephone: (407) Facsimile: (407) Primary Secondary Attorneys for Plaintiff 22

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