16-2018-CA-006003-XXXX-MA Filing # 77327767 E-Filed 08/31/2018 02:48:06 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA. CASENO.: 2018-CA-6003 DIVISION: CV-A ALEXANDER MADUNIC, Plaintiff, Vse JACKSONVILLE LANDING INVESTMENTS, LLC, a Florida Limited Liability Company, and CHICAGO PIZZA & SPORTS GRILLE I, INC,, a Florida Corporation, Defendants. COMPLAINT Plaintiff, ALEXANDER MADUNIC, sues Defendants JACKSONVILLE LANDING INVESTMENTS, INC. (hereinafter referred to as “JLI") and CHICAGO PIZZA & SPORTS GRILLE II, INC. (hereinafter referred to as “Chicago Pizza”), and alleges: 1. oI is is an action for damages in excess of $15,000.00, exclusive of interest and costs, 2. Atal times material hereto, Alexander Madunic was and is a resident of the State of Wisconsin. ACCEPTED: DUVAL COUNTY, RONNIE FUSS! . CLERK, 09/05/2018 11:24:46 AM3. At all times material hereto, Defendant, JLI, was and is a limited liability company licensed to and doing business in the State of Florida. 4. At all times material hereto, Defendant Chicago Pizza, was and is a Florida corporation licensed to and doing business in the State of Florida. 5. The causes of action alleged herein accrued in Duval County, Florida. 6. Onorabout August 26, 2018, Plaintiff Alexander Madunic was the victim ofa mass shooting while he was a lawful invitee at the Jacksonville Landing and Chicago Pizza. 7, Atall times material hereto, Plaintiff Alexander Madunic, was participating at the Madden NFL 19 gaming event taking place at the Jacksonville Landing and Chicago Pizza’s GLHF Game Bar, 8. The person who shot Plaintiff Alexander Madunic is believed to be another participant in the Madden NFL 19 gaming event named David Katz. COUNTI. NEGLIGENCE CLAIM AGAINST DEFENDANT. THE JACKSONVILLE LANDING 9. The allegations set forth in Paragraphs 1 through 8 above are incorporated herein by reference. 10. At all times material hereto, Defendant JLI, owned, operated, managed, maintained and/or otherwise controlled an entertainment and shopping venue located at 2 West Independent Drive in Jacksonville, Duval County, Florida. This venue is known as the Jacksonville Landing.IL At all times material hereto, Defendant JLI, by and through its officers, employers and/or agents owed or assumed a duty to business invitees such as Alexander Madunic to operate, manage, maintain and/or control its premises in a reasonably safe and secure manner. Specifically, Defendant JLT owed or assumed a duty to take precautionary steps as were reasonably necessary to protect its business invitees such as Plaintiff Alexander Madunic from reasonably foreseeable criminal attacks. This duty was non-delegable. 12. At all times material hereto, Defendant JLI, by and through its officers, employees and/or agents owed or assumed a duty to business invitees such as Plaintiff Alexander Madunic to take precautionary measures as were reasonably necessary to wam its business invitees of reasonably foreseeable criminal attacks. ‘This duty was non-delegable. 13, Atall times material hereto, Defendant JLI owed or assumed a duty to business invitees such as Plaintiff Alexander Madunic to make certain that its venue was properly approved and/or permitted by the appropriate governmental authorities to have a game room area in which to hold events such as the Madden NFL 19 gaming event. This duty was non- delegable. 14. Atall times material hereto, Defendant JLI, through its officers, employees and/or agents, knew or in the exercise of reasonable care should have known, that its premises was located geographically in a high crime area, that there had been numerous criminal acts and violent physical attacks on members of public a the Jacksonville Landing and in the surrounding areas, and that criminal acts and violent physical attacks were more likely than not going to be perpetrated on Defendant’s business invitees and members of thepublic at the Jacksonville Landing unless Defendant JLI took reasonable and adequate steps to provide proper security at the Jacksonville Landing 15. Atall times material hereto, Defendant The Jacksonville Landing, through its officers, employees and/or agents had notice of the aforementioned dangers as a result ofits actual knowledge of numerous criminal acts and violent physical attacks, which had occurred, on or around the Jacksonville Landing, Indeed, in a lawsuit filed by Defendant JLI on November 16, 2017, Defendant JLI alleged the following: Unfortunately, it is common knowledge that Downtown Jacksonville is not the safest geographical re recently on November 6, 2017, the Florida Ti published an article captioned “Is Jackson Dangerous City in Florida?” stating that, beginning in 2000 and continuing for 11 years, Jacksonville’s Duval County “held the title as the ‘murder capital’ of Florida” and concluding that “still, it [Jacksonville] is not very safe.” lle the Most ‘The Jacksonville Landing is located in Downtown Jacksonville. 16. Defendant, JLI, through its officers, employees and/or agents was in a superior position to appreciate the danger of criminal activity and violent physical attacks and to take reasonable steps nec: sary to deter and prevent such danger at the Jacksonville Landing. 17. Atall times material hereto, and as a result of the aforementioned allegations, the violent physical attack on Plaintiff Alexander Madunic was reasonably foreseeable to Defendant JLI, and this Defendant was in a superior posi n to appreciate such danger and to take reasonable and necessary steps to prevent its business invitees such as Plaintiff Alexander Madunic from being harmed by a violent criminal attack.18. Atall times material hereto, Defendant JLI, through its officers, employees and/or agents breached the aforementioned non-delegable duties and was negligent in the operation, management, maintenance and/or security of the Jacksonville Landing. Such negligence included, but is not limited to, the following: a) Failing to have an adequate number of security guards or law enforcement officers at the Jacksonville Landing; b) Failing to have properly trained security personnel at the Jacksonville Landing; c) Failing to warn its business invitees such as Plaintiff Alexander Madunic that the Jacksonville Landing was located in a dangerous area due to previous criminal activity and violent physical attacks; 4) Failing to properly inspect and evaluate the Jacksonville Landing for security shortcomings, and respond appropriately; ©) Failing to have reasonably safe and adequate monitoring devices such as surveillance cameras at the Jacksonville Landing; f) Failing to create, implement, adopt and/or enforce reasonable security policies, security procedures and/or security protocols to protect business invitees such as Plaintiff Alexander Madunic; 2) Failing to create, implement, adopt and/or enforce a reasonable security plan, which would meet known industry standards and procedures for the safety of its business invitees such as Plaintiff Alexander Madunic; h) Failing to take reasonable and necessary precautionary security measures to deter and prevent criminal activity and physical attacks at the Jacksonville Landing; i) Failing to maintain an unobstructed means of egress to allow business invitees such as Plaintiff Alexander Madunic to safely exist the subject premises in the event of an emergency; j) Failing to implement reasonably safe and adequate control of access to its property and specifically to the Madden NFL 19 gaming event; and 5k) Failing to require its tenants such as Defendant Chicago Pizza to be properly approved and/or permitted to have a game room area in order to hold events such as the Madden NFL 19 gaming event. This event should never have taken place at the Jacksonville Landing, as Chicago Pizza’s GLHF Game Bar was not properly approved and/or permitted by the appropriate governmental authorities to hold such an event. Had the Madden NFL 19 gaming event never taken place Plaintiff Alexander Madunic would not have been shot. 19. As a direct and proximate result of the negligence of Defendant JLI, as set forth above, Plaintiff Alexander Madunic, was shot and suffered bodily injury and resulting, pain and suffering, significant loss of an important bodily function, disability, disfigurement, significant and permanent scarring and mental anguish, loss of capacity of the enjoyment of life, he incurred medical and related expenses for the diagnosis and treatment of his injuries, loss of his own personal services, loss of earnings in the past and his capac 10 earn money in the future has been impaired. WHEREFORE, Plaintiff Alexander Madunic, reques judgment against Defendant ILI for damages, together with the costs of this action and requests a trial by jury of all issues so triable, COUNT IT NEGLIGENCE CLAIM AGAINST DEFEN! CHICAGO PIZZA & SPORTS GRILLE II, INC. 20. The allegations set forth in Paragraphs 1 through 8 above are incorporated herein by reference. 21. At all times material hereto, Defendant Chicago Pizza, owned, operated, managed, maintained and/or otherwise controlled a restaurant, bar and game room, located at 2 West Independent Drive in Jacksonville, Duval County, Florida. This venue is known asChicago Pizza and GLHF Game Bar and is located at the Jacksonville Landing. 22. — Atall times material, Defendant, Chicago Pizza, by and through its officers, employers and/or agents owed or assumed a duty to business invitees such as Plaintiff Alexander Madunic to operate, manage, maintain and/or control its premises in a reasonably safe and secure manner. Specifically, Defendant Chicago Pizza had or assumed a duty to take precautionary measures as were reasonably necessary to protect its business invitees such as Plaintiff Alexander Madunic, from reasonably foreseeable criminal attacks. ‘This duty was non-delegable. 23. Atal times material hereto, Defendant Chicago Pizza, by and through its officers, employees and/or agents owed or assumed a duty to business invitees such as Plaintiff Alexander Madunic to take precautionary steps as were reasonably necessary to ‘warn its busins ss invitees of reasonably foreseeable criminal attacks. This duty was non- delegable, 24. Atall times material hereto, Defendant Chicago Pizza, owed or assumed a duty to business invitees such as Plaintiff Alexander Madunic to make certain that its venue was properly approved and/or permitted by the appropriate governmental authorities to have a game room area in which to hold events such as the Madden NFL 19 gaming event. This duty was non-delegable. 25. Atall times material hereto, Defendant Chicago Pizza, through its officers, employees and/or agents, knew or in the exercise of reasonable care should have known, that, its premises was located geographically in a high crime area, that there had been numerouscriminal acts and violent physical attacks on members of public at the Jacksonville Landing and in the surrounding areas, and that criminal acts and violent phy: attacks were more likely than not going to be perpetrated on Defendant's business invitees and members of the public at Chicago Pizza unless Defendant Chicago Pizza took reasonable and adequate steps to provide proper security on its premises. 26. Atall times material hereto, Defendant Chicago Pizza, through its of ers, employees and/or agents had notice of the aforementioned dangers as a result of its actual knowledge of numerous criminal acts and physical attacks, which had occurred, on or around the Jacksonville Lan ig 27. Defendant Chicago Pizza, through its officers, employees and/or agents was in a superior position to appreciate the danger of criminal activity and violent physical attacks and to take reasonable steps necessary to deter and prevent such criminal a tivity and physical attacks on its premises. 28. Atall times material hereto, and as a result of the aforementioned allegations, the violent physical attack on Plaintiff Alexander Madunic was reasonably foreseeable to Defendant CI icago Pizza, and this Defendant was in a superior position to appreciate such dangers and to take reasonable and necessary steps to prevent its business invitees such as Plaintiff Alexander Madunic from being harmed by a violent criminal attack, 29. Atall times material hereto, Defendant Chicago Pizza, through its officers, employees and/or agents breached the aforementioned non-delegable duties and was negligent in the operation, management, maintenance and/or security of its premises. Suchnegligence included, but is not | a) b) 4) °) 8) h) K) ited to, the following: Failing to have an adequate number of security guards or law enforcement officers on its premises; Failing to have properly trained security personnel on its premises; Failing to warn its business invitees such as Plaintiff Alexander Madunic that Chicago Pizza was located in a dangerous area due to previous criminal activity and physical attacks; Failing to properly inspect and evaluate its premises for security shortcomings, and respond appropriately; Failing to have reasonable and adequate monitoring devices such as surveillance cameras on its premises; Failing to create, implement, adopt and/or enforce reasonable security policies, security procedures security protocols to protect business invitees such as Plaintiff Alexander Madunic; Failing to create, implement, adopt and/or enforce a reasonable security plan, which would meet known industry standards and procedures for the safety of its business invitees such as Plaintiff Alexander Madunic; Failing to take reasonably safe and necessary precautionary security measures to deter and prevent criminal activity and violent physical attacks on its premises; Failing to maintain an unobstructed means of egress to allow business invitees, such as Plaintiff Alexander Madunic to safely exit the subject premises in the event of an emergency; Failing to implement reasonably safe and adequate control of access to its property and specifically to the Madden NFI, 19 gaming event; and Failing to obtain proper approval and/or be permitted to have a game room area in order to hold events such as the Madden NFL 19 gaming event. This event should never have taken place, as Chicago Pizza’s GLHF Game Bar was not properly approved and/or permitted by the appropriate governmental authorities to hold such an event. Had the Madden NFL. 19 gaming event 9never taken place, the Plaintiff Alexander Madunic would not have been shot. 30. Asadirect and proximate result of the negligence of Defendant Chicago Pizza, as set forth above, Plaintiff Alexander Madunic, was shot and suffered bodily injury and resulting pain and suffering, significant loss of an important bodily function, disability, disfigurement, significant and permanent scarring and mental anguish, loss of capacity of the enjoyment of life, he incurred medical and related expenses for the diagnosis and treatment ofhis injuries, loss of his own personal services, loss of earnings in the past and his capacity to earn money in the future has been impaired. WHEREFORE, Plaintiff Alexander Madunic, reques judgment against Defendant Chicago Pizza for damages, together with the costs of this action and requests a trial by jury of all issues so triable. [space intentionally left blank] 10NOTICE OF INTENT TO FILE MOTION FOR PRO HAC VICE ADMISSION Benjamin 8, Wagner of Habush Habush & Rottier, $.C., 777 E. Wisconsin Avenue, Suite 2300, Milwaukee, Wisconsin, 53202 (414) 271-0900 will be filing a Motion for Admission Pro Hac Vice to appear as co-counsel for Plaintiff Alexander Madunic in this matter, COSTANTINO LAW FIRM, P.A. COSTANTINO Florida Bar No.: 793280 6 East Bay Street, Suite 304 Jacksonville, Florida 32202 (904) 355-3023 (904) 355-3026 |: seott@costantinolawfirm.com ATTORNEY FOR PLAINTIFF W