Filing # 81787731 E-Filed 12/07/2018 10:46:17 AM

IN THE CIRCUIT COURT OF THE NINTH

JUDICIAL CIRCUIT IN AND FOR ORANGE
COUNTY, FLORIDA

CASE NUMBER:

Estate of JOSE CALDERON ARANA,

Plaintiff,
vs.

UNIVERSAL CITY DEVELOPMENT

PARTNERS, LTD., a Florida Limited
Partnership d/b/a Universal Studios Florida and
Universal Islands of Adventure

Defendants.
/

COMPLAINT

COMES NOW the Plaintiff, ESTATE OF JOSE CALDERON ARANA, (hereinafter

referred to as “Plaintiff”), by and through their undersigned attorneys, and files this, its Complaint

and sues UNIVERSAL CITY DEVELOPMENT PARTNERS, LTD. d/b/a Universal Studios Florida

and Universal Islands of Adventure, (hereinafter “UNIVERSAL”) a Florida Limited Partnership,

and states as follows:

GENERAL AND JURISDICTIONAL ALLEGATIONS

1. This is an action for damages in excess of $15,000.00 exclusive of interest and costs.

2. At all times material hereto, Defendant, UNIVERSAL CITY DEVELOPMENT

PARTNERS, LTD., was a Florida Limited Partnership authorized to do business and doing

business in the State of Florida and performed its customary business in Orange County,

Florida.

3. Defendant, UNIVERSAL, may be served with the process of this Court by service of

process upon its agent, CT Corporation System at 1200 South Pine Island Road, Plantation,
 Florida, or upon such other persons authorized to be served by the Florida law at its

business address.

4. At all times material, Defendant UNIVERSAL owned, operated, maintained, or otherwise

controlled the premises known as Universal Studios Florida and Universal Islands of

Adventure, located at 6000 Universal Boulevard, Orlando, FL.

5. That at all times material, and prior to December 10, 2016, Defendant, UNIVERSAL, knew

or should have known of the risks associated with riding its attractions, specifically Skull

Island: Reign of Kong.

6. At all times material, and prior to December 10, 2016, Defendants knew or should have

known that attractions at its theme parks posed a potential threat to invitees, such as to

Plaintiff, and that UNIVERSAL had a duty to warn and to protect customers and the public

who were encouraged to come upon the subject location.

7. On or about December 10, 2016, decedent JOSE CALDERON ARANA was a lawful

invitee on the premises of the Defendant, UNIVERSAL, at the Islands of Adventure Theme

Park located at 6000 Universal Boulevard, Orlando, Orange County, Florida, when he

collapsed and died shortly after coming off the Skull Island: Reign of Kong ride.

8. At all times material, Universal was aware of the nature of the ride and of the risk to the

public, including increasing the potential for a cardiovascular incident.

9. This is an action for wrongful death of JOSE CALDERON ARANA, deceased, in

accordance with the Florida Wrongful Death Act, § 768.16-768.26, Fla. Stat.

10. The potential beneficiaries of the decedent at their relationship to the decedent and their

relationship to the decedent are identified as follows:

a) Jennifer Dayan Tellez Lopez de Calderon, wife of Jose Calderon Arana

 b) Jose Ernesto Calderon Tellez, son of Jose Calderon Arana

11. In accordance with the Florida Wrongful Death Act, the following damages are herein

sought by the beneficiaries/survivors of JOSE CALDERON ARANA, deceased:

a) On behalf of all survivors, for loss of support and services from the date of the

initial compensable injury to the decedent until the date of the death, with interest;

b) On behalf of all survivors, for future loss of support and services reduced to the

present value, including contributions in kind and/or money services defined as

tasks regularly performed by decedent which are now a necessary expense for the

surviving natural parents;

c) On behalf of the Jennifer Dayan Tellez Lopez de Calderon, for loss of decedent’s

companionship and protection from the date of injury and death;

d) On behalf of the Jennifer Dayan Tellez Lopez de Calderon, for mental pain and

suffering from the date of injury and death;

e) On behalf of Jose Ernesto Calderon Tellez, lost parental companionship, instruction,

and guidance and for mental pain and suffering from the date of injury and death;

f) Medical and funeral expenses paid or payable by the survivors on behalf of the

decedent;

g) On behalf of the Estate of Jose Calderon Arana, for the Medical and funeral

expenses payable by the Estate.

h) On behalf of the Estate of Jose Calderon Arana, loss of the prospective net

accumulations, which might reasonably have been expected but for the wrongful

death.
 COUNT I
NEGLIGENCE OF UNIVERSAL CITY DEVELOPMENT PARTNERS, LTD.
Plaintiffs re-allege and readopt paragraphs 1 through 11 as if set forth herein and further allege as
follows:
12. At all times material, the Defendant, UNIVERSAL, in owning maintaining, operating,

supervising, and otherwise controlling the subject location, owed the decedent a duty of

reasonable care in controlling and maintaining the premises and the ride and/or taking

reasonable measures to prevent reasonably foreseeable danger and/or warning customers,

guests, and visitors about such hazards.

13. At all times material, and prior to December 10, 2016, Defendant, UNIVERSAL, had

actual and/or constructive knowledge of the nature of its ride and the cardiovascular risks

associated with riding its attractions, including the Skull Island: Reign of Kong attraction.

14. At all times material, and prior to December 10, 2016, Defendant, had knowledge far

greater than the decedent as to the risks associated with riding attractions and, in

particular, the specific attraction, Skull Island: Reign of Kong, and was in a far superior

position to provide sufficient warnings and provide a reasonably safe ride to protect

customers at the subject location.

15. At all times material, and prior to December 10, 2016, UNIVERSAL was aware of the

great number of tourists on their premises who did not speak nor read English.

16. At all times material, or to December 10, 2016, Defendant, UNIVERSAL, promoted the

use of the subject location and received direct and indirect economic and non-economic

benefits from the public’s use of the subject location and ride, and in fact encouraged and

promoted use of the subject location and ride.

17. At all times material prior to December 10, 2016, it was foreseeable to Defendant,

UNIVERSAL, that members of the public and customers, some even with prior health

issues, would utilize and ride the subject attraction.

18. Defendant, UNIVERSAL, breached its duty of care to the decedent and was negligent in

one or more of the following ways:

a) By negligently failing to provide a safe ride free of danger;

b) By negligently failing to provide adequate warnings prior to the Skull Island:

Revenge of Kong ride;

c) By negligently failing to provide warnings in Spanish;

d) By negligently providing first aid to the decedent;

e) By providing negligent medical treatment to the decedent;

f) By negligently delaying in rendering aid to the decedent;

g) By negligently failing to meet standards within the industry to provide

reasonable protection to customers using the subject location;

19. As a direct and proximate cause of the negligence of the defendant, UNIVERSAL, JOSE

CALDERON ARANA collapsed and died at the subject location.

20. As a further direct and proximate result of said negligence, ESTATE OF JOSE

CALDERON ARANA, brings this action on behalf of all actual survivors and

beneficiaries of the deceased.

21. As a direct and proximate cause of Defendant, UNIVERSAL’s, negligence, ESTATE OF

JOSE CALDERON ARANA, is entitled to recover all damages allowed, pursuant to

Florida’s Wrongful Death Act, Section 768.166 et seq., Florida Statutes. These damages

include but are not limited to:

 a) On behalf of the Estate of JOSE CALDERON ARANA, deceased for the

Medical and funeral expenses payable by the Estate;

b) loss of the prospective net accumulations, which might reasonably have been

expected but for the wrongful death.

22. As a direct and proximate result of Defendant, UNIVERSAL’s, negligence, the survivors

of the ESTATE OF JOSE CALDERON ARANA are entitled to recover:

a) On behalf of all survivors, for loss of support and services from the date of the

initial compensable injury to the decedent until the date of the death, with

interest;

b) On behalf of all survivors, for future loss of support and services reduced to

the present value, including contributions in kind and/or money services

defined as tasks regularly performed by decedent which are now a necessary

expense for the surviving natural parents;

c) On behalf of the Jennifer Dayan Tellez Lopez de Calderon, for loss of

decedent’s companionship and protection from the date of injury and death;

d) On behalf of the Jennifer Dayan Tellez Lopez de Calderon, for mental pain

and suffering from the date of injury and death;

e) On behalf of Jose Ernesto Calderon Tellez, lost parental companionship,

instruction, and guidance and for mental pain and suffering from the date of

injury and death;

f) Medical and funeral expenses paid or payable by the survivors on behalf of

the decedent;
 WHEREFORE, plaintiff demands judgment against defendant UNIVERSAL CITY

DEVELOPMENT PARTNERS, LTD. for compensatory damages in excess of $15,000,

not including costs and attorney’s fees where and to the extent permitted by law, and

demand trial by jury of all issues so triable.

RESPECTFULLY SUBMITTED on this 7th day of December, 2018.

/s/ Diego M. Madrigal, III

DIEGO M. MADRIGAL, III, ESQ. (FBN: 37643)
The Pendas Law Firm
Attorney for the Plaintiff
625 E. Colonial Drive
Orlando, Florida 32803
Tel. 407-352-3535 Fax (407) 770-6066
Primary: dmadrigal@pendaslaw.com
Alternate: rmora@pendaslaw.com
pleadings2@pendaslaw.com