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Filing # 90015928 E-Filed 05/23/2019 12:06:48 PM

IN THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT


IN AND FOR ORANGE COUNTY, FLORIDA

CASE NO:

LISA DIXON,

Plaintiff,

vs. JURY TRIAL DEMANDED

WALT DISNEY PARKS AND


RESORTS U.S., INC.

Defendant.

_____________________________________/

COMPLAINT

Plaintiff, LISA DIXON, sues WALT DISNEY PARKS AND RESORTS U.S., INC., and

alleges:

GENERAL ALLEGATIONS

1. This is an action for damages that exceeds $15,000.00.

2. At all times material, Plaintiff LISA DIXON (hereinafter “Plaintiff”) was and is

sui juris.

3. At all times material, Defendant WALT DISNEY PARKS AND RESORTS U.S.,

INC. (hereinafter “Defendant”) was a Florida corporation doing business in Orange County,

Florida.

4. Venue is proper in Orange County, Florida.

5. At all times material, Defendant owned, possessed, operated, managed, and/or

controlled a resort, “WDW Polynesian Village Resort” located in Orange County, Florida

(hereinafter “the premises”).

6. The premises is located along the shores of the Seven Seas Lagoon.

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7. The premises has a dock extending out into the Seven Seas Lagoon where guests

can board a Motor Launch to be transported to the Magic Kingdom Park or the Grand Floridian

Resort & Spa (hereinafter “the dock”).

8. On or about May 12, 2017, Plaintiff was upon the premises as a business invitee.

9. Plaintiff was walking along the dock when she was struck in the head by a bird.

COUNT I
NEGLIGENCE

10. Plaintiff hereby realleges and incorporates the allegations contained in paragraphs 1

through 9 above as if fully set forth herein.

11. At all times material, Defendant failed to maintain its premises in a reasonably safe

condition.

12. At all times material, Defendant had a duty to maintain and keep its premises in a

reasonably safe condition for the benefit of its business invitees and persons lawfully on the

premises, including Plaintiff.

13. Defendant owed Plaintiff a duty to make sure that there were no hazards on the

dock.

14. At all times material, Defendant was aware that there were seasonal nesting birds

which could cause harm to invitees on the premises (hereinafter “dangerous condition”).

15. Defendant, by and through the acts and/or omissions of its employees, agents, and/or

servants, breached its duties to Plaintiff as follows:

a. Negligently failing to take reasonable care in maintaining and keeping its

premises in a reasonably safe condition;

b. Negligently failing to maintain or adequately maintain the dock in a reasonably

safe condition.

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c. Negligently failing to inspect or adequately inspect the dock to determine

whether the dangerous condition existed at the time Plaintiff was in the area;

d. Negligently allowing a dangerous condition on the subject premises;

e. Negligently failing to remedy an unreasonably dangerous condition of which

it knew or should have known;

f. Negligently failing to adequately warn of a dangerous condition it knew or

should have known existed at the subject premises;

g. Negligently failing to provide reasonably safe ingress and egress at the subject

premises;

h. Negligently failing to properly train and/or instruct employees with respect to

identifying and remedying unreasonably dangerous conditions;

i. Negligently failing to follow its own corporate policy regarding the dangerous

condition;

j. Negligently providing Plaintiff with a false sense of security as she was walking

on the premises; and/or

k. All other acts or omissions constituting a breach of the duty to use reasonable

care revealed through discovery.

16. As a result, Plaintiff sustained bodily injury and resulting pain and suffering;

disability; physical impairment; disfigurement; mental anguish; inconvenience; and/or

aggravation of an existing disease or physical defect or activation of a latent disease or physical

defect, and loss of capacity for the enjoyment of life experienced in the past and/or to be

experienced in the future; medical expenses incurred in the past, medical expenses to be incurred

in the future; loss of earnings in the past, and loss of earning capacity in the future. The losses

are either permanent or continuing and Plaintiff will suffer the losses in the future.

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WHEREFORE, Plaintiff demands judgment for damages against Defendant, prejudgment

interest and costs allowed by law.

DEMAND FOR JURY TRIAL

PLAINTIFF HEREBY DEMANDS TRIAL BY JURY ON ALL ISSUES SO TRIABLE.

DATED this 23rd day of May 2019.

FLORIDA PERSONAL INJURY LAW TEAM


5401 S. Kirkman Road, Suite 310
Orlando, FL 32819
(407) 926-0273 – Telephone
(407) 386-9446 – Facsimile
Primary: thomass@floridapersonalinjurylawteam.com
Secondary: mattv@floridapersonalinjurylawteam.com
Tertiary: victoriap@floridapersonalinjurylawteam.com

Attorneys for Plaintiff

________________________________
THOMAS P. SCHMITT, ESQUIRE
Florida Bar No.: 0829765
MATTHEW D. VALDES, ESQUIRE
Florida Bar No.: 0003018