The Honorable Chairman and Members of the Board of County Commissioners. James L. Bennett, County Attorney $errs

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1 COMMlSSiON AGENDA: TO: FROM: SUBJECT: DISTRIBUTION: The Honorable Chairman and Members of the Board of County Commissioners James L. Bennett, County Attorney $errs Notice of New Lawsuit and Defense of the Same by the County Attorney in the Case of Neil Scott Stoneburg v. Pinellas County, et. a1 Circuit Civil Case No CI-13 Virginia Holscher, Bureau Director, Risk Management DATE: November 8, NOTICE: THIS IS TO ADVISE THE BOARD OF COUNTY COMMISSIONERS THAT THE ABOVE-REFERENCED LAWSUIT WAS FILED AGAINST THE COUlVTY AND THE COUNTY ATTORNEY'S OFFICE WILL DEFEND THE SAME. DISCUSSION: Plaintiffs Second Amended Complaint, which adds the County as a Defendant to a previously-filed lawsuit, alleges negligence and resulting personal injuries as a result of a fall into an uncovered water meter on April 5, 2010, at or near a residential rental property located at Faxton Drive, Clearwater. Count I11 alleges that a Utilities Department meter reader at some point failed to replace the cover. Counts I and I1 are brought against the property owners and an adjacent business. A copy of the Complaint is attached hereto. JLB:JES:slr Attachment H:\USERS\ATY KB02\WPDOCS\LITIGATION - JES\Stoneburg\Board Notice Memo.docx

2 IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR PINELLAS COUNTY, FLORIDA CIVIL DIVISION NEIL SCOTT STONEBURG. VS. Plaintiff, CaseNo.: Division: CI-13 PINELLAS MARINE CONSTRUCTION, INC., a Florida corporation, KEVIN FISK and MARY FISK, and BOCC of PINELLAS COUNTY, FLORIDA, Defendants. SECOND AMENDED COMPLAINT COMES NOW, the Plaintiff, NEIL SCOTT STONEBCTRG, by and through his undersigned attorney, and sues the Defendants, KEVIN FISK and MARY FISK, and shows unto this Honorable Court as follows: 1. This is claim for damages in excess of FIFTEEN THOUSAND DOLLARS, ($15,000.00), exclusive of costs and fees. 2. At all times material hereto, the Defendants, KEVIN FISK and MARY FISK, were the owners and in possession of certain premises located at Faxton Street, Clearwater, Florida, which premises were used as a rental residence for profit. 3. That on or about April 5, 2010, the Plaintiff, NEIL SCOTT STONEBURG, went onto the premises as an invitee of a resident, for the purpose of helping the resident move out. 4. That at all times material hereto, the Defendants, KEVIN FISK and MARY FISK, individually and through their agents, servants and employees, negligently and carelessly maintained these premises, by allowing and permitting construction machinery to collect on and

3 block usage of the sidewalk and large areas of the front yard on these premises, while at the same time removing or tolerating the removal of the top cover for the premises' water meter while the same was not being immediately worked on, thereby creating an unknown and hidden danger for anyone walking across the remaining available passage area between the premises and the street. 5. That this negligent and dangerous condition was well known to these Defendants, or in the alternative, had perpetuated for such a period of time and/or under such circumstances that these Defendants should have known if it. 6. That the Defendants failed to warn the Plaintiff of this dangerous and concealed condition regarding the removal of the water meter cover. 7. That at the aforesaid time and place, the Plaintiff, NEIL SCOTT STONEBURG, was walking across the available passage area between the aforesaid premises and the street, when he fell into the uncovered water meter hole, suffering such serious injuries and damages as are described hereinafter. 8. As a result of these Defendants' negligence, the Plaintiff, NEIL SCOTT STONEBURG, suffered bodily injury and resulting pain and suffering, disability, mental anguish, loss of capacity for enjoyment of life, expense of hospitalization, surgical, medical and nursing care and treatment, scarring and disfigurement, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent in nature or continuing and Plaintiff will suffer losses in the future. WHEREFORE, the Plaintiff, NEIL SCOTT STONEBURG, sues the Defendants, KEVIN FISK and MARY FISK, and claims damages in excess of FIFTEEN THOUSAND DOLLARS (15,000.00), together with costs and respectfully demands a trial by jury.

4 COUNT I1 COMES NOW the Plaintiff, NEIL SCOTT STONEBURG, by and through his undersigned attorney, and reaverring the allegations of Count I, Paragraphs 1 through 3, sues the Defendant PIbTELLAS MAFUNE CONSTURCTION, INC. a Florida corporation, and provides as follows: 9. That at all times material hereto, the Defendant, PINELLAS MAWE CONSTRUCTION, INC., is a for-profit corporation authorized to do business in Florida. 10. That at all times material hereto, the Defendant, PINELLAS MAFUNE CONSTUCTION, INC., is owned by the Defendants KEVIN FISK and MARY FISK That at all times material hereto, the Defendant, PINELLAS MAFUNE CONSRUCTION, INC., had its business location immediately adjacent to Faxton Street, at a location designated "Lot 16". 12. That at all times material hereto, the Defendant, PINELLAS MAFUNE CONSRUCTION, INC., stored some of the machinery used in its business of marine construction at Lot That at all times material hereto, the Defendant, PINELLAS MARINE CONSTRUCTION, INC., did not have fenced and locked storage for its machinery at Lot That at all times material hereto, the Defendant, PINELLAS MARINE CONRUCTION, INC., through its agents, servants, and employees, negligently allowed and permitted some of its machinery to be stored or located in the front yard of the premises at Faxton, and to remain there until the time of the Plaintiffs injury as described above. 15. That prior to the Plaintiffs injury as described above, the Defendant, PINELLAS MARINE CONTRUCTION, INC., through its agents, servants, and employees, was engaged in repairing the water service at Faxton Street, and in the course thereof, removed the cover

5 of the water meter on said premises and left the same uncovered for a period of time on or about April 5,2010, so that the Plaintiff, NEIL SCOTT STONEBURG, fell therein and suffered such injuries as are described hereinafter. 16. That this Defendant failed to warn the Plaintiff of this dangerous and concealed condition regarding the removal of the water meter cover. 17. That at the aforesaid time and place, the Plaintiff, NEIL SCOTT STONEBURG, was walking across the available passage area between the residence at Faxton Street and the street, when he fell into the uncovered water meter hole, suffering such serious injuries and damages as are described hereinafter. 18. As a result of this Defendant's negligence, the Plaintiff, NEIL SCOTT STONEBURG, suffered bodily injury and resulting pain and suffering, disability, mental anguish, loss of capacity for enjoyment of life, expense of hospitalization, surgical, medical and nursing care and treatment, scarring and disfigurement, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent in nature or continuing and Plaintiff will suffer losses in the future. WHEREFORE, the Plaintiff, NEIL SCOTT STONEBURG, sues the Defendant, PINELLAS MARINE CONSTRUCTION, INC., and claims damages in excess of FIFTEEN THOUSAND DOLLARS (15,000.00), together with costs and respectfully demands a trial by jury. COUNT I11 COMES NOW the Plaintiff, NEIL SCOTT STONEBURG, by and through his undersigned attorney, and reaverring the allegations of Count I, Paragraphs 1 through 3, sues the Defendant BOCC of PINELLAS COUNTY, FLORIDA, and provides as follows: 19. That the Defendant, BOCC of PINELLAS COUNTY, FLORIDA, at all times

6 material to this claim, through its Water Department, was responsible for the water service to the rental residence at Faxton Drive, Clearwater, Florida, and in the course, thereof. would routinely and periodically read the water meter at this location and inspect the condition of the same. 20. That shortly before April 5, 201 1, this Defendant, through its Water Department, read the water meter on the aforesaid premises, and in the course thereof negligently and carelessly failed to ensure the replacement of the water meter cover. 21, As a result of this Defendant's failure to ensure the replacement of the water meter cover, the Plaintiff, NEIL SCOTT STONEBURG, fell into the open water meter hole, suffering such injuries as are described hereinafter. 22. As a result of this Defendant's negligence, the Plaintiff, NEIL SCOTT STONEBURG, suffered bodily injury and resulting pain and suffering, disability, mental anguish, loss of capacity for enjoyment of life, expense of hospitalization, surgical, medical and nursing care and treatment, scarring and disfigurement, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent in nature or continuing and Plaintiff will suffer losses in the future. 23. That the Plaintiff, NEIL SCOTT STONEBURG, has fully complied with the notice requirement of Florida Statute , by serving this Defendant and the Florida Department of Financial Services with certified mail notice of claim dated July 14, 20 10, which correspondence is attached hereto and made part hereof as Attachment "A". WHEREFORE, the Plaintiff, NEIL SCOTT STONEBURG, sues the Defendant, BOCC of PINELLAS COUNTY, FLORIDA., and claims damages in excess of FIFTEEN THOUSAND DOLLARS (15,000.00), together with costs and respectfully demands a trial by

7 I IiliRI-:BY C'EK IIFY that a true and correct copy of'the foregoing has heen furnished by {!.S. Mall to JtlklLiS S. I-It.'Kl.I<Y. t's().. Fowler. White. Espirito Santo Plaa. 1 4Ih Fluor. I395 tjrickrll Ave.. Miami. FI attorney for PINL'.L-L,AS MARINE ('ONS'I'IIt!C'l'lON. INC'.. and to ERIC' %I. THORN. I1SQ.. Conroy , altome! Ibr 1)ufendant KI:VIN FISK. Law Office of John Mc('utl /' I2 I O Mi I Ienni urn Parkway. # 1005 >fandon, I-.[ 'Telephone (8 13 ) t:acsimiie (8 1 3) Attorney for Plainli It' /-I. Bar No

8 LAW OFFICE OF JOHN McCUE Attorney at Law 113 South Boulevard Telephone (81 3) Suite 200 Facs~rnile (81 3) Tampa, Florida July Board ot'county Cotnmissioners. Pinellas County 3 15 ('ourt Street Clearwater. FL RE: h1y C'lient: Neil Scot Stoneburg SSAN: Date.'Hirth: OZ! 1 7'1 970 Date of L.oss: 04/02!3-0 I0 [.()cation: Faxton Street. Cleawater, FL [)ear Sir or Madame: Please be advised that my law firm has been retained to represent Mr. Scott Stoneburg in connection with his serious knee inlury when he stepped into an uncovered water meter box at the above location. ['lease accept this correspondence as formal notice ot'this claim pursuant to Florida Statute and h~s demand for $10( or your statutory limits of liability. whichever is greater. Mr. Stoneburg has no adjudicated penalties. fines, fees, restitution orders, or other judgments owed by him to the state or its agencies. Please f~~rnish me with any noticc which the landowner in question, Mr. Kevin Fisk, pruvided to >oil co~lcerning this unco~xred water meter box. I am enclosing 21 copy of a response letter sent by hlm concerning this matter. I'hank: you for your prompt attention to this request. [f you have any questions. please feel free to give me a call. Very tnilp yours. Enclosure John F. McCue CC: Florida Dept. uf Financial Services