Civil Procedure Assignment- Ch. 5 Complaint Due Date: June 20, 2016 Objective of assignment is for student to learn the skill of drafting a complaint based on a factual scenario. On Saturday, March 14, 2015, Ms. Jane Marshall and her fianc, Mr. Tom Jones, decided to go to George's Grill to meet a friend around midnight. George's Grill owned by Cabaret Inc., a Florida corporation, was a restaurant which became a night club after certain hours. It had a tradition of both the wait staff and customers throwing paper napkins into the air as the music played throughout the evening. The napkins would land on the floor of the restaurant. No one would pick them up, although when they became too deep, customers would push them to the side. Sometimes the napkins would be wet from drinks being occasionally spilled. Ms. Marshall and her friends had been to George's approximately 5 or 6 times before and knew that it became a night club after certain hours. Ms. Marshall also knew of the napkin-throwing tradition. Upon arriving, they sat down at one of the tables in the back of the club because the restaurant was crowded. Ms. Marshall had a drink and then went to the restroom. On the way back from the restroom she slipped and fell, breaking her leg in the process. After she was on the ground, she observed that the floor was wet and napkins were in her shoes. Her fianc Mr. Jones heard her scream, came running and also observed wet napkins on her shoes. Ms. Marshall does not know exactly how she slipped but knows she slipped on something and assumes it was the napkins. Ms. Marshall was transported to the hospital by ambulance and had surgery to repair her broken leg. She was in a wheelchair for three months and continues to have pain and limited mobility in her right leg. You have accepted Ms. Marshall as a client and need to prepare an appropriate complaint for filing in the proper court. You also need to determine who Ms. Marshall should sue and causes of action. Activity: 1) Refer to Forms section (1.901 et seq.) of the Florida Rules of Civil Procedure (Rules) for causes of action. Can be obtained on line at www.flabar.org and select links, then court rules, then civil procedure rules. 2) Match the legal issues presented in the factual scenario to the appropriate Causes of Action as delineated in the forms section of the Rules. 3) The Complaint Checklist on page 149 of the text may be helpful: A) is the \"style\" correct, according to Rule 1.901 [ e.g. IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA] B) are the parties listed correctly C) are the headings within the document correct [e.g. Count I: Motor vehicle negligence] D) E) F) G) H) I) J) K) L) Is the jurisdictional statement correct Are only the facts necessary for the causes of action listed Is(are) the cause(s) of action appropriate for the facts Is the prayer of relief appropriate for the action [compensation, pain and suffering, attorney's fees, \"such other as the court deems necessary\"] Is the signature block correct [your name should appear as attorney for this exercise] Is the font either Times Roman 14 point or Arial 12 point Are all the margins one inch Is the document double-spaced and full justified Did you include any extraneous verbiage FORM 1.997. CIVIL COVER SHEET The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. This form shall be filed by the plaintiff or petitioner for the use of the Clerk of Court for the purpose of reporting judicial workload data pursuant to Florida Statutes section 25.075. (See instructions for completion.) CASE STYLE (Name of Court) Plaintiff __________ __________ Case #: Judge: vs. Defendant __________ __________ II. TYPE OF CASE(If the case fits more than one type of case, select the most definitive category.) If the most descriptive label is a subcategory (is indented under a broader category), place an x in both the main category and subcategory boxes. Condominium Homestead residential foreclosure $0 - $50,000 Contracts and indebtedness Eminent domain Homestead residential foreclosure $50,001 - $249,999 Homestead residential foreclosure $250,000 or more Auto negligence Nonhomestead residential foreclosure Negligenceother $0 - $50,000 Business governance Nonhomestead residential foreclosure Business torts $50,001 - $249,999 Environmental/Toxic tort Nonhomestead residential foreclosure Third party indemnification Construction defect Mass tort $250,000 or more Other real property actions $0 - $50,000 Other real property actions $50,001 - $249,999 Negligent security Other real property actions $250,000 or more Nursing home negligence Professional malpractice Premises liabilitycommercial Malpracticebusiness Premises liabilityresidential Malpracticemedical Products liability Malpracticeother professional Real property/Mortgage foreclosure Other Commercial foreclosure $0 - $50,000 Antitrust/Trade regulation Commercial foreclosure $50,001 - $249,999 Commercial foreclosure $250,000 or more Business transactions Constitutional challengestatute or ordinance Constitutional challengeproposed amendment Libel/Slander Corporate trusts Shareholder derivative action Discriminationemployment or other Insurance claims Trade secrets Intellectual property Trust litigation Securities litigation REMEDIES SOUGHT (check all that apply): monetary; nonmonetary declaratory or injunctive relief; punitive IV. NUMBER OF CAUSES OF ACTION: [ ] (specify) IS THIS CASE A CLASS ACTION LAWSUIT? yes no VI. HAS NOTICE OF ANY KNOWN RELATED CASE BEEN FILED? no yes If \"yes,\" list all related cases by name, case number, and court. VII. IS JURY TRIAL DEMANDED IN COMPLAINT? yes no I CERTIFY that the information I have provided in this cover sheet is accurate to the best of my knowledge and belief. Signature Fla. Bar # Attorney or party (Bar # if attorney (type or print name) Date FORM 1.997. INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET Plaintiff must file this cover sheet with first paperwork filed in the action or proceeding (except small claims cases or other county court cases, probate, or family cases). Domestic and juvenile cases should be accompanied by a completed Florida Family Law Rules of Procedure Form 12.928, Cover Sheet for Family Court Cases. Failure to file a civil cover sheet in any civil case other than those excepted above may result in sanctions. provisions or exposure to a chemical caused injury or disease. Third party indemnification - all matters relating to liability transferred to a third party in a financial relationship. Construction defect - all civil lawsuits in which damage or injury was allegedly caused by defects in the construction of a structure. (H) Environmental/Toxic tort - all matters relating to claims that violations of environmental regulatory Mass tort - all matters relating to a civil action Case Style. Enter the name of the court, the involving numerous plaintiffs against one or more excluding contract disputes involving condominium associations. appropriate case number assigned at the time of filing of the original complaint or petition, the name of the judge assigned (if applicable), and the name (last, first, middle initial) of plaintiff(s) and defendant(s). II. Type of Case. Place an \"X\" in the appropriate box. If the cause fits more than one type of case, select the most definitive. If the most definitive label is a subcategory (indented under a broader category label), place an \"X\" in the category and subcategory boxes. Definitions of the cases are provided below in the order they appear on the form. Eminent domain - all matters relating to the taking of private property for public use, including inverse condemnation by state agencies, political subdivisions, or public service corporations. Auto negligence - all matters arising out of a party's allegedly negligent operation of a motor vehicle. Negligenceother - all actions sounding in negligence, including statutory claims for relief on account of death or injury, that are not included in other main categories. Condominium - all civil lawsuits pursuant to Chapter 718, Florida Statutes, in which a condominium association is a party. Contracts and indebtedness - all contract actions relating to promissory notes and other debts, including those arising from the sale of goods, but Business governance - all matters relating to the management, administration, or control of a company. Business torts - all matters relating to liability for economic loss allegedly caused by interference with economic or business relationships. defendants. Negligent security - all matters involving injury to a person or property allegedly resulting from insufficient security. Nursing home negligence - all matters involving injury to a nursing home resident resulting from negligence of nursing home staff or facilities. Premises liabilitycommercial - all matters involving injury to a person or property allegedly resulting from a defect on the premises of a commercial property. Premises liabilityresidential - all matters involving injury to a person or property allegedly resulting from a defect on the premises of a residential property. Products liability - all matters involving injury to a person or property allegedly resulting from the manufacture or sale of a defective product or from a failure to warn. Nonhomestead residential foreclosure - all matters relating to the termination of a residential property owner's interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has not been granted a homestead exemption. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes). Other real property actions - all matters relating to land, land improvements, or property rights not involving commercial or residential foreclosure. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes). Real property/Mortgage foreclosure - all matters relating to the possession, title, or boundaries of real property. All matters involving foreclosures or sales of real property, including foreclosures associated with condominium associations or condominium units. Commercial foreclosure - all matters relating to the termination of a business owner's interest in commercial property by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes). (S) Homestead residential foreclosure - all matters relating to the termination of a residential property owner's interest by a lender to gain title or force a sale to satisfy the unpaid debt secured by the property where the property has been granted a homestead exemption. Check the category that includes the estimate of the amount in controversy of the claim (section 28.241, Florida Statutes). Professional malpractice - all professional malpractice lawsuits. Malpracticebusiness - all matters relating to a business's or business person's failure to exercise the degree of care and skill that someone in the same line of work would use under similar circumstances. Malpracticemedical - all matters relating to a doctor's failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances. Malpracticeother professional - all matters relating to negligence of those other than medical or business professionals. Other - all civil matters not included in other categories. Antitrust/Trade regulation - all matters relating to unfair methods of competition or unfair or deceptive business acts or practices. (AF) Discriminationemployment or other - all matters relating to discrimination, including employment, sex, race, age, handicap, harassment, retaliation, or wages. (AG) Insurance claims - all matters relating to claims filed with an insurance company. (AH) Intellectual property - all matters relating to intangible rights protecting commercially valuable products of the human intellect. (AI) Libel/Slander - all matters relating to written, visual, oral, or aural defamation of character. (AJ) Shareholder derivative action - all matters relating (AB) Business transactions - all matters relating to to actions by a corporation's shareholders to protect and benefit all shareholders against corporate management for improper management. actions that affect financial or economic interests. (AC) Constitutional challengestatute or ordinance -a challenge to a statute or ordinance, citing a violation of the Florida Constitution. (AD) Constitutional challengeproposed amendment - a challenge to a legislatively initiated proposed constitutional amendment, but excluding challenges to a citizen-initiated proposed constitutional amendment because the Florida Supreme Court has direct jurisdiction of such challenges. (AE) Corporate trusts - all matters relating to the business activities of financial services companies or banks acting in a fiduciary capacity for investors. (AK) Securities litigation - all matters relating to the financial interest or instruments of a company or corporation. (AL) Trade secrets - all matters relating to a formula, process, device, or other business information that is kept confidential to maintain an advantage over competitors. (AM) Trust litigation - all civil matters involving guardianships, estates, or trusts and not appropriately filed in probate proceedings. ___________________________________________ _____ III. Remedies Sought. Place an \"X\" in the appropriate box. If more than one remedy is sought in the complaint or petition, check all that apply. IV. Number of Causes of Action. If the complaint or petition alleges more than one cause of action, note the number and the name of the cause of action. Class Action. Place an \"X\" in the appropriate box. VI. Related Cases. Place an \"X\" in the appropriate box. VII. Is Jury Trial Demanded In Complaint? Check the appropriate box to indicate whether a jury trial is being demanded in the complaint ATTORNEY OR PARTY SIGNATURE. Sign the civil cover sheet. Print legibly the name of the person signing the civil cover sheet. Attorneys must include a Florida Bar number. Insert the date the civil cover sheet is signed. Signature is a certification that the filer has provided accurate information on the civil cover sheet