Lawsuit over Injury during Wrestlemania 2008

8/17/2019 Lawsuit over Injury during Wrestlemania 2008

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IN THE CIRCUIT COURT, NINTH

JUDICLAL CIRCU IT, IN AND FOR

ORANGE COUNTY , FLORIDA

CASE

NO.:

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MONALI SIMMONS,

Plaintiff,

V .

SR PRODUCTION TECHNOLOGIES

D/B/A ZENITH PYROTECHNOLOGY and

WORLD WRESTLING

ENTERTAINMENT, INC.

Defendants.

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C O M P L A I N T

COMES NOW

Plaintiff,

Monali Simmons, by and through the undersigned counsel, and

hereby files this Complaint against Defendants, SR PRODUCTION TECHNOLOGIES D/B/A

ZENITH PYROTECHNOLOGY and WORLD WRESTLING ENTERTAINMENT, INC.,

(hereinafter referred to as "WWE") and alleges and states as follows:

1. This is an action for dam ages that exceeds the jurisdic tional limits of th is Court, to

wit, in excess of Fifteen Thousan d and 00/100 Dollars ($15,0 00.00), exclusive o fintere st and costs.

2. At all times m aterial hereto, the Plaintiff, Monali Sim mo ns, wa s a resident of Brevcird

County, Florida and otherwise sui iuris.

3.

At all times material hereto, the Defendant, SR Produ ction Tech nolog ies, was a

foreign corp oration with its princip le place of business in Dee r Park, New Y ork. SR Production

Technologies has done continuous and systematic business in Orange County, Florida.

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4. At all times m aterial hereto, the Defendant, World W resting Entertainment ("WW E"),

was a foreign corp oration with it principle place of business in Connecticut. WW E is registered to

do business in Florida, has a registered agent in Plantation, Florida, and in fact has don e con tinuous

and systematic business in Orange County, Florida.

CO UN T I - Negligence as to SR Production Technologies . Inc.

5. Plaintiff readop ts and realleges all allegation s contained in para grap hs through 4

above as though flilly set forth herein.

6. On or about March 30 ,2008 ,

the

plaintiff attended

the

Wrestlemania event, for which

she had purchased a ticket, at the Orlando Citrus Bowl. Subsequently, there was a problem w ith the

lights near the ring, and shortly thereafter there was a motorized vehicle carrying large amounts of

cable and flanked by several individuals that suddenly veered offthe open area near her row of seats

and smashed into her row of seats. The vehicle proceeded forward toward the ring area.

7. At all time s material hereto , the defendant SR Pro ductio ns had a duty to the plaintiff

and others so situated to use reasonable care in keeping and main taining

the

prem ises in

a

reasonably

safe condition, and to avoid hitting the plaintiffs row of chairs and causing her to be propelled

backward.

8. Defendant breached that duty by negligently allowing the vehicle to hit her row of

chairs and causing her to be propelled backward and as such creating an unreasonably dangerous

condition on the premises and failing to wam ofth e potential danger.

9. As a direct and proxim ate result ofth e aforesaid negligence ofDe fendant, Plaintiff

was caused to be propelled backward and suffer severe injuries as outlined herein.

Page 2 of 5



10. As a direct and proxim ate result ofth e aforesaid negligence ofDefe ndant, Plaintiff

was severely, significantly and permanently injured in or about her head, neck, body, limbs, and

nervous system. Plaintiffha s b een perm anently and significantly scarred and/or disfigured. Plaintiff

has incurred a significant permanent loss of bodily function, and/or suffered an aggravation of

previously existing cond itions. As a further direct and pro xim ate result of th e aforesaid injuries,

Plaintiffhas in the past and will in the future be obligated to pay large sums ofm one y in the way of

doctor

bills,

hospital bills and othe r expenses directly related to her efforts to alleviate her suffering

and cure her injuries. Pla intiff has undergo ne extreme mental and physical suffering and will so

suffer in the future. Plaintiff has suffered a loss of eam ing s in the past and as a result of these

injuries, will suffer a diminishment of fiiture eamings capacity, and has suffered a loss of capacity

for the enjoyment oflif e. All ofthe above injuries are permanen t and continuing in natare.

WHEREFORE Plaintiff, M onali Simmon s, sues

the

Defendant, SR Prod uction Technologies,

and demands judgm ent for dam ages in excess of Fifteen Thousand and 00/100 D ollars ($ 15,000.00),

and an award of prejudgm ent interest and costs and further requ ests a trial on all triable issues.

COU NT n - Negligence as to W W E

11 . Plaintiff reado pts and realleges all allegations contained in parag raphs through 10

above as though ftilly set forth herein.

12. Onorabou tMarch30 ,2008 , the plaintiffattended the Wrestlem ania event, for which

she had purchased a ticket, at the Florida Citrus Bowl. Subsequently, there was a problem w ith the

lights near the ring, and shortly thereafter there was a motorized vehicle carrying large amounts of

cable and flanked by several individ uals that suddenly veered of fthe open area near her row of seats

and smashed into her row of seats. The vehicle proceeded forward toward the ring area.

Page 3 of 5



13 .

At all times material hereto, the defendant WW E had a duty to theplaintiff and others

so situated to use reasonable care in keeping and maintaining the premises in a reasonably safe

condition, and to avoid hitting the plaintiff s row of chairs and causing her to be propelled backward.

14 .

Defendant breached that duty by negligently allowing the vehicle to hit her row of

chairs and causing her to be propelled backward and as such creating an unreasonably dangerous

condition on the premises and failing to wam oft he potential danger.

15.

As a direct and proxim ate result ofth e aforesaid negligence ofDefen dant, Plaintiff

was caused to be propelled backward and suffer severe injuries as outlined herein.

16. As a direct and proxim ate result ofth e aforesaid negligence ofDe fendant, Plaintiff

was severely, significantly and permanently injured in or about her head, neck, body, limbs, and

nervou s system. P laintiffhas b een perm anently and significantly scarred and/or disfigured. Plaintiff

has incurred a significant permanent loss of bodily function, and/or suffered an aggravation of

previo usly existing condition s. As a further direct and prox imate result of th e aforesaid injuries,

Plaintiffh as in the past and will in the future be obligated to pay large sums ofm on ey in the way of

doctor bills, hospital bills and other expen ses directly related to her efforts to alleviate her suffering

and cure her injuries. Plain tiffha s underg one extrem e mental and physical suffering and will so

suffer in the fiiture. P lain tiff ha s suffered a loss of eam ings in the past and as a result of th es e

injuries, will suffer a diminishm ent o f fiiture eaming s capacity, and has suffered a loss of capacity

for the enjoyment o flife. All ofthe above injuries are pennan ent and continuing in nature.

Page 4 of 5



WHEREFORE, Plaintiff, Monali Simmons, sues the Defendant, WORLD WRESTLING

ENTERTAINMENT, INC. (WWE), and demands judgment for damages in excess of Fifteen

Thousand and 00/100 Dollars ($15,000.00), and an award of prejudgment interest and costs and

fiirther requests a trial on all triable issues.

DATED this

g t ^

ay of July 2008.

H I G H S T A C K G O R D O N

JEREM^

Florid^ar No.:(0t)433O8

525 E. Strawbridge Avenue

Melboume, FL 32901-4705

Telephone: (321) 725-5525

Facsimile: (321) 984-2411

Attomeys for Plaintiffs

Page 5 of 5



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Lawsuit over Injury during Wrestlemania 2008

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