IN THE CIRCUIT COURT OF THE 9 th JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA

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1 IN THE CIRCUIT COURT OF THE 9 th JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA DEAN KUMANCHIK, vs. Plaintiff, Case No.: UNIVERSAL CITY DEVELOPMENT PARTNERS, LTD d/b/a UNIVERSAL STUDIOS, a Florida Limited Partnership, Defendant. / COMPLAINT & DEMAND FOR JURY TRIAL COMES NOW the Plaintiff, DEAN KUMANCHIK ( Plaintiff ) by and through the undersigned counsel, and files this Complaint against UNIVERSAL CITY DEVELOPMENT PARTNERS, LTD d/b/a UNIVERSAL STUDIOS, ( UNIVERSAL or Defendant ) and states as follows: PARTIES 1. Plaintiff is an adult individual who resides in Orange County, Florida. 2. Plaintiff is a licensed concealed weapons holder in the State of Florida. 3. Defendant, is a Florida Limited Partnership, that operates and conducts business in, among other, Orange County, Florida, and is therefore, within the jurisdiction of this Court. JURISDICTION AND VENUE 4. This is an action for damages exceeding $15,000.00, exclusive of attorneys fees, interest and costs.

2 5. This Court has jurisdiction over Plaintiff s claims because, at all times material to this Complaint, Plaintiff worked for Defendant in Orange County, Florida. 6. The illegal conduct complained of and the resultant injury occurred within the judicial district in and for Orange County, Florida. STATEMENT OF FACTS 7. Plaintiff worked for Defendant from February 2, 1993, until his illegal termination on December 24, Plaintiff worked for Defendant as a Ride Maintenance Technician, and at the time of his termination, earned in excess of $30.00 per hour. 9. When Plaintiff arrived for work in the morning to commence his duties with Defendant, he would park his motor vehicle in a parking lot that was accessible not only to other employees, but the public. 10. As a licensed concealed weapons holder, Plaintiff regularly transported his legal fire arm, in his motor vehicle, to and from work. 11. Upon arrival at work, and upon parking in Defendant s parking lot, Plaintiff would leave his legal fire arm, in his motor vehicle, and lock his motor vehicle. 12. Plaintiff would not remove his legal fire arm from his motor vehicle, and would not take his legal fire arm out of his motor vehicle, or exhibit said fire arm in any manner, while on Defendant s property. 13. In December 2015, Plaintiff noticed that his motor vehicle had been illegally entered, and his firearm had been stolen from his motor vehicle while parked in Defendant s parking lot. 2

3 14. In response to this theft, and as required by law, Plaintiff contacted the Orlando Police Department to report that this legal fire arm had been stolen from his motor vehicle while parked in Defendant s public parking lot. 15. Defendant, upon learning that Plaintiff had transported and left his legal fire arm in his motor vehicle, immediately terminated Plaintiff for an alleged violation of Defendant s workplace policies. 16. Plaintiff was illegally terminated on December 24, Plaintiff s possession and transportation of his firearm in his motor vehicle as a licensed concealed weapons holder was lawful pursuant to Florida Statute, Section Plaintiff s storage of his legal fire arm in his motor vehicle, while parked in Defendant s parking lot that is accessible to the public, was lawful pursuant to Florida Statute, Section Defendant s termination of Plaintiff for possession of his legal firearm in his motor vehicle while in Defendant s parking lot violated Florida Statute, Section (4)(a) and (e). 20. Plaintiff has suffered damages as a result of Defendant s illegal conduct. COUNT I - VIOLATION OF PRESERVATION AND PROTECTION OF THE RIGHT TO KEEP AND BEAR ARMS IN MOTOR VEHICLES ACT OF Plaintiff realleges and incorporates all allegations contained within Paragraphs 1-20 of the Complaint as if fully set forth herein. 22. Plaintiff was an employee of Defendant as defined by Florida Statute, Section (2)(c). 3

4 23. Defendant is an employer as defined by Florida Statute, Section (2)(d). 24. Plaintiff was legally permitted to possess his legal fire arm in his motor vehicle in Defendant s parking lot as those terms are defined by Florida Statute, Section (2)(b) and (a) respectively. 25. At no time did Plaintiff unlawfully exhibit his firearm while in Defendant s parking lot or on Defendant s property. 26. On December 24, 2015, Defendant illegally terminated Plaintiff from his employment in violation of Florida Statute, Section (4)(e), because he possessed a firearm within his motor vehicle, in Defendant s parking lot. 27. As a result of Defendant s intentional, willful and unlawful actions, Plaintiff has suffered damages, including but not limited to lost wages, lost benefits, lost employment status, as well as humiliation, pain and suffering and other monetary and non-monetary losses. WHEREFORE, Plaintiff requests a judgment in his favor and against Defendant for his actual and compensatory damages, including front pay and back pay, as well as his costs and attorneys fees, declaratory and injunctive relief and such other relief deemed proper by this Court. JURY DEMAND Plaintiff hereby requests that upon trial of this action, all issues be submitted to and determined by a jury except those issues expressly reserved by law for determination by the Court. 4

5 Dated this 4 th day of February Respectfully Submitted, Richard Celler, Esq. Florida Bar No.: Richard Celler Legal, P.A 7450 Griffin Road, Suite 230 Davie, FL Telephone: (866) Facsimile: (954) Richard@floridaovertimelawyer.com 5