You are on page 1of 5

IN THE CIRCUIT COURT OF THE TWENTIETH

JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR


LEE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 15-CA-002821
ESTELLA WILSON, as prospective Personal
Representative of the Estate of EXPAVIOUS
TYRELL TAYLOR, deceased
Plaintiff,
vs.
PUSHING DAIZIES, INC., a Florida
nonprofit corporation, and SOUTHWEST
FLORIDA SECURITY AND INVESTIGATIONS
INC, a Florida Corporation.
Defendants.
________________________________________/
COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
COMES NOW the Plaintiff ESTELLA WISON, as prospective personal representative of
the Estate of EXPAVIOUS TYRELL TAYLOR, deceased, and sues the Defendants PUSHING
DAIZIES, INC. and SOUTHWEST FLORIDA SECURITY AND INVESTIGATIONS, INC, and
alleges:
1.

This is an action for wrongful death damages in excess of Five Million Dollars

($5,000,000) excusive of interest, costs and attorneys fees.


2.

At all times material to this action, the decedent EXPAVIOUS TYRELL TAYLOR

was a resident of Hendry County Florida.

3.

The Defendant PUSHING DAIZIES, INC. at all times material hereto, was and is

a Florida not-for-profit corporation licensed and doing business in Lee County Florida and at all
times material hereto was the sponsor and organizer of the ZombiCon - Fallout: 1985.
4.

Defendant SOUTHWEST FLORIDA SECURITY AND INVESTIGATIONS,

INC., at all times material hereto was a Florida corporation licensed and doing business in Lee
County, Florida.
5.

At all times material hereto defendant SOUTHWEST FLORIDA SECURITY

AND INVESTIGATIONS, INC. (hereinafter SFSI), was hired by Defendant PUSHING


DAIZIES, INC. to assist the Ft. Myers Police Department in providing security services for
ZombiCon - Fallout: 1985.
6.

At all times material hereto, the decedent EXPAVIOUS TYRELL TAYLOR was a

business invitee at ZombiCon and had a reasonable expectation that the Defendants would
provide for his safety and the safety of others attending the event.
7.

At all times material hereto, ESTELLA WILSON was EXPAVIOUS TYRELL

TAYLORS maternal grandmother and is the prospective personal representative of his Estate.
8.

At all times material hereto, the Defendants owed a duty to the public, including

EXPAVIOUS TYRELL TAYLOR to exercise reasonable and ordinary care to keep and maintain
the ZombiCon event in a condition reasonably safe for the public and its patrons. In particular,
the Defendants had a duty to take such precautions as were reasonably necessary to protect its
invitees, including the decedent, from criminal attacks which were reasonable foreseeable.
9.

The Defendants knew, or in exercise of reasonable care should have known, that

the premises where the ZombiCon was occurring was a high crime area, and that there had been
numerous criminal acts and attacks perpetrated on the public in this area and that such criminal

acts and attacks were reasonably likely to be perpetrated on business invitees of the Defendants
during ZombiCon unless the Defendants took steps to provide proper security for such
individuals.
COUNT INEGLIGENCE OF PUSHING DAIZIES, INC.
Plaintiff realleges all allegations in paragraphs 1 through 9 above as if set forth fully
herein and further states:
10.

The Defendant PUSHING DAIZIES, INC. was negligent and breeched its duty of

reasonable care for the safety and protection of the public in general and the decedent in
particular in one or more of the following ways:
A.

By providing inadequate and inadequately trained security for the

ZombiCon event, which occurred in Fort Myers, Florida, October 17, 2015.
B.

Negligently failing to provide for proper control of the crowd, estimated at

C.

Negligently failing to check for weapons carried by attendees.

D.

Failing to take additional security measures after being put on notice that

20,000.

the security measures in force during the event were inadequate.


E.

Negligently failing to insure that the security guards and other personnel

hired for event security were properly trained to do so, so that they could protect the invitees of
the Defendants to the event, including the decedent.
F.

Negligently failing to implement adequate security policies, security

measures and security procedures necessary to protect the decedent and others at the event.

COUNT IINEGLIGENCE OF SOUTHWEST FLORIDA SECURITY AND


INVESTIGATIONS, INC.
Plaintiff realleges all allegations in paragraphs 1 through 9 above and further states:
11.

The Defendant SFSI was negligent and breeched its duty of reasonable care for

the safety and protection of the public in general and the decedent in particular in one or more of
the following ways:
A.

By providing inadequate and inadequately trained security for the

ZombiCon event, which occurred in Fort Myers, Florida, October 17, 2015.
B.

Negligently failing to provide for proper control of the crowd, estimated at

C.

Negligently failing to check for weapons carried by attendees.

D.

Failing to take additional security measures after being put on notice that

20,000.

the security measures in force during the event were inadequate.


E.

Negligently failing to insure that the security guards and other personnel

hired for event security were properly trained to do so, so that they could protect the invitees of
the Defendant to the event, including the decedent.
F.

Negligently failing to implement adequate security policies, security

measures and security procedures necessary to protect the decedent and others at the event.
DAMAGES
12.

As a direct and proximate result of the above described negligence of the

Defendants, the decedent was shot and killed while on the premises of ZombiCon by an as-yet
unknown assailant.

13.

As direct and proximate result of the above described negligence of the

Defendants, the Estate of EXPAVIOUS TYRELL TAYLOR has suffered the following damages:
A.

Medical and funeral expenses.

B.

Loss of net accumulations.

C.

Loss of support and services.

WHEREFORE, the Plaintiff demands judgment against the Defendants for all damages
recoverable under the laws of the state of Florida in the amount greater than Five Million Dollars
($5,000,000).
DEMAND FOR JURY TRIAL
The Plaintiff herein demands a trial by jury on all issues so triable by law.

Dated: November 2, 2015


SINCLAIR LAW OFFICES
2164 Reserve Park Trace
Port St. Lucie, FL 34986
Telephone: 772-489-3600; Fax: 772-489-3636
Primary E-File: kip@sinclairlawoffices.com
Secondary E-File: luana@sinclairlawoffices.com
/s/Charles H. Sinclair
CHALRES H. SINCLAIR, ESQ.
Florida Bar No.: 245364