Professional Documents
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CASE NO:
LISA DIXON,
Plaintiff,
Defendant.
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COMPLAINT
Plaintiff, LISA DIXON, sues WALT DISNEY PARKS AND RESORTS U.S., INC., and
alleges:
GENERAL ALLEGATIONS
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.
controlled a resort, “WDW Polynesian Village Resort” located in Orange County, Florida
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
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
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
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
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;
g. Negligently failing to provide reasonably safe ingress and egress at the subject
premises;
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
k. All other acts or omissions constituting a breach of the duty to use reasonable
16. As a result, Plaintiff sustained bodily injury and resulting pain and suffering;
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
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THOMAS P. SCHMITT, ESQUIRE
Florida Bar No.: 0829765
MATTHEW D. VALDES, ESQUIRE
Florida Bar No.: 0003018