SIXTH AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL GENERAL ALLEGATIONS

Transcription

1 THE ESTATE OF LIDIA GIANGRANDI, by and through LILI CARISSA GIANGRANDI as Personal Representative of the Estate, vs. Plaintiffs, 50 STATE SECURITY SERVICE, INC., LOCH LOMOND HOMEOWNERS ASSOCIATION, INC., and MIAMI-DADE COUNTY, FLORIDA, Defendants. / IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: CA 05 FLORIDA BAR NO SIXTH AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff sues the Defendants and states: GENERAL ALLEGATIONS 1. This is an action for damages in excess of fifteen thousand dollars exclusive of costs, interest, and attorneys fees. 2. Lili Carissa Giangrandi has been appointed Personal Representative of the Estate of Lidia Giangrandi. A copy of the signed Letters of Administration is attached hereto as Exhibit A. 3. The survivors of Lidia Giangrandi are her three daughters: a. Lili Carissa Giangrandi, age 27;

2 b. Lissandra Giangrandi, age 21; and c. Luciana Giangrandi, age State Security Service, Inc. ( 50 State ) is a corporation organized under the laws of the State of Florida. At all times material to this action, 50 State was conducting business in Dade County, Florida. At all times relevant to this action, 50 State was in the business of providing security services. 5. Loch Lomond Homeowners Association, Inc. ( Loch Lomond ) is a Florida Corporation doing business in Miami Lakes, Florida. 6. At all times material Lidia Giangrandi s residence was located within Loch Lomond. 7. Miami-Dade County is a subdivision of the State of Florida. 8. All administrative prerequisites have been fulfilled or have been waived by Defendants. FACTUAL ALLEGATIONS 9. At all times relevant, Lidia Giangrandi owned the home at 6945 Glen Eagle Drive, Miami Lakes, Florida, which was part of Loch Lomond. She lived in the home with her three daughters. 10. Loch Lomond, and Miami-Dade County were responsible for developing and effectuating security for the residences located in Loch Lomond. Specifically, Miami-Dade County established the parameters and the nature of the security that was to be provided by 50 State State was under contract to provide security services to the Loch Lomond community in Miami Lakes, Florida, where the Giangrandi residence was located.

3 50 State s duties included, but were not limited to, maintaining and operating a gate house at the entrance to the Loch Lomond community and maintaining a continuous automobile patrol of the Loch Lomond community. These duties were proscribed by the directives of Miami-Dade County. 12. During the late night hours of January 5, 2003, or the early morning hours on January 6, 2003, an intruder entered the Loch Lomond community. The intruder cased the neighborhood, and the Giangrandi home, for several hours. The intruder trespassed onto the grounds and property of the Giangrandi home. 13. Sometime in the early morning hours of January 6, 2003 the intruder forcibly entered into Lidia Giangrandi s residence through the master bathroom window and Lidia Giangrandi was brutally and violently murdered. COUNT I: NEGLIGENCE Defendant 50 State Security Service, Inc. 14. Plaintiff incorporates by reference the allegations set forth in paragraph 1 through paragraph Defendant 50 State Security Service, Inc., through its employees, agents, and apparent agents had a duty of reasonable care to Lidia Giangrandi to provide security services for her home and person. 16. Defendant 50 State Security Service, Inc., through its employees, agents, and apparent agents breached its duty of care to Lidia Giangrandi by: a. Failing to stop the intruder from entering Lidia Giangrandi s community; b. Failing to intercept the intruder while he traveled about Lidia Giangrandi s community and cased Lidia Giangrandi s home;

4 c. Failing to prevent the intruder from entering Lidia Giangrandi s home; d. Failing to warn Lidia Giangrandi of the presence of an intruder on her property and in her home; e. Failing to report the presence of an intruder on Lidia Giangrandi s property to the police; f. Failing to adequately train its employees, agents, and/or apparent agents to provide effective security services for Lidia Giangrandi s home and person. g. Failing to develop and recommend an adequate and appropriate plan of security for the Loch Lomond Community; and h. Failing to advise the residents of the Loch Lomond community that the approved plan for security was inadequate to protect the Loch Lomond residents State s breaches of its duties to Lidia Giangrandi were the direct, proximate, and legal cause of her death. 18. As a direct and proximate result of Defendant 50 State s negligence, the following damages have been suffered by: a. the Estate of Lidia Giangrandi: i. Funeral and burial Expenses; i Loss of net accumulations; b. Lidia Giangrandi s survivors: i. Mental pain and suffering; Loss of comfort, services, guidance and companionship;

5 i iv. Loss of support and services in the past and in the future; WHEREFORE, Plaintiff demands judgment against Defendant 50 State Security Service, Inc. in an amount in excess of Fifteen Thousand ($15,000.00) Dollars, exclusive of interest and costs, and further demands trial by jury on all issues so triable. COUNT II NEGLIGENCE Defendant Loch Lomond 19. Plaintiff incorporates by reference the allegations set forth in paragraph 1 through paragraph Defendant, Loch Lomond, through its employees, agents, and apparent agents had a duty to provide adequate security services to Lidia Giangrandi and other residents of the Loch Lomond Community in the Town of Miami Lakes, Miami- Dade County, Florida. 21. Defendant, Loch Lomond, hired or otherwise appointed 50 State Security as its agent to provide security services to Lidia Giangrandi and other residents of the Loch Lomond Community in the Town of Miami Lakes, Miami-Dade County, Florida. 22. Loch Lomond breached its duty of care to Lidia Giangrandi by failing to provide a plan for adequate security. 23. Loch Lomond s breach of its duties to Lidia Giangrandi was the direct, proximate, and legal cause of her death. 24. As a direct and proximate result of Defendant Loch Lomond s negligence, the following damages have been suffered by: a. the Estate of Lidia Giangrandi:

6 i. Funeral and burial Expenses; i Loss of net accumulations; b. Lidia Giangrandi s survivors: i. Mental pain and suffering; i iv. Loss of comfort, services, guidance and companionship; Loss of support and services in the past and in the future; WHEREFORE, Plaintiff demands judgment against Defendant Loch Lomond Homeowners Association, Inc. in an amount in excess of Fifteen Thousand ($15,000.00) Dollars, exclusive of interest and costs, and further demands trial by jury on all issues so triable. COUNT III- NEGLIGENCE Defendant Miami-Dade County, Florida 25. Plaintiff incorporates by reference the allegations set forth in paragraph 1 through paragraph Defendant Miami-Dade County, Florida, through its employees, agents, and apparent agents had a duty to provide adequate security services to Lidia Giangrandi and other residents of the Loch Lomond Community in Miami-Dade County, Florida. 27. Since the Loch Lomond Community is a Special Taxing District that was created by the Miami Dade County Board of County Commissioners, Defendant Miami Dade County is and was directly responsible for planning, directing, supervising

7 and coordinating all security measures to protect the Lidia Giangrandi and other Loch Lomond residents. 28. During the creation of the Loch Lomond Community Special Taxing District, Defendant Miami Dade County promulgated Post Orders, most of which deal specifically with ensuring that proper security measures are taken to keep the Loch Lomond residents safe and secure. 29. Upon and/or shortly after the creation of the Loch Lomond Community Special Taxing District, Defendant Miami-Dade County entered into a contract (the Contract ) with 50 State Security as its agent to patrol and provide security services to Lidia Giangrandi and other residents of the Loch Lomond Community. 30. Although it contracted 50 State Security to patrol and provide security services, Defendant Miami-Dade County, through its Post Orders and/or by custom and practice, exercised actual supervisory authority over the nature and quality of the security services provided to the residents of Loch Lomond. 31. Defendant Miami-Dade County, through its Post Orders and/or by custom and practice, determined the number of security guards that would be posted at Loch Lomond, the placement of guards and guard stations at Loch Lomond, the manner and frequency with which the guards would patrol the perimeter and the specific areas that the guards would not be responsible for patrolling at Loch Lomond. 32. Miami-Dade County breached its duty of care to Lidia Giangrandi by failing to place adequate security station, security guard or implement some other intrusion prevention and/or detection system in vulnerable and exposed areas of Loch Lomond, by failing to assess and/or appreciate the security risks associated with

8 not securing certain areas of Loch Lomond, by failing to properly assess the crime rate in the Loch Lomond area and tailoring a security protection plan specifically for the residents of Loch Lomond consistent with the crime risk for that area. 33. Miami-Dade County s breach of its duties to Lidia Giangrandi as described herein was the direct, proximate, and legal cause of her death. 34. As a direct and proximate result of Defendant Miami-Dade County s negligence, the following damages have been suffered by: a. The Estate of Lidia Giangrandi: i. Funeral and burial Expenses; i Loss of net accumulations; b. Lidia Giangrandi s survivors: i. Mental pain and suffering; i iv. Loss of comfort, services, guidance and companionship; Loss of support and services in the past and in the future; WHEREFORE, Plaintiff demands judgment against Defendant Miami-Dade County, Florida, in an amount in excess of Fifteen Thousand ($15,000.00) Dollars, exclusive of interest and costs, and further demands trial by jury on all issues so triable. WE HEREBY CERTIFY that a true and correct copy of the foregoing was mailed this day of May, 2006 to: Michael J. Paris, Esquire Conroy, Simberg, Ganon, Krevans & Abel, P.A., Counsel for 50 State Security, 3440 Hollywood Boulevard,

9 Second Floor, Hollywood, Florida 33021; Jay B. Green, Esquire, Green, Ackerman & Frost, P.A., 1200 Corporate Place, Suite 301, 1200 N. Federal Highway, Boca Raton, Florida 33432; FREIDIN & DOBRINSKY, P.A. Suite 3100, One Biscayne Tower Building 2 South Biscayne Boulevard Miami, Florida Telephone: (305) BY: MANUEL L. DOBRINSKY, ESQ. H:\Giangrandi\Pleadings\Complaint SixthAmended.wpd