Case Number: CACE-20-013894 Division: 03
`Filing # 112369877 E-Filed 08/25/2020 05:01 :06 PM
`
`IN THE CIRCUIT COURT FOR THE 17th JUDICIAL CIRCUIT
`
`IN AND FOR BROWARD COUNTY, FLORIDA
`
`BETTY GAITOR,
`
`CASE NO.:
`
`vs.
`
`Plaintiff,
`
`TYSON FOODS, INC., and
`
`WALMART, INC.,
`
`Defendants.
`
`/
`
`COMPLAINT
`
`Plaintiff, BETTY GAITOR, by and through the undersigned attorney, sues the
`
`Defendants, TYSON FOODS, INC., and WALMART, INC., and alleges as follows:
`
`QENERAL ALLEGATIQNS & JURISDICTION
`
`1. This is an action for damages which exceeds the sum of Thirty Thousand and 00/100
`
`($30,000.00) Dollars, excluding interest and costs.
`
`2. At all times material hereto, Plaintiff, BETTY GAITOR, was a resident of Broward
`
`County, Florida.
`
`3. At all times material hereto, Defendant, WALMART, INC., a corporation duly authorized
`
`to do business in Florida, manufactured, and/or prepared for consumption, and sold chicken
`
`wings at its store at 3801 Turtle Creek Dr., Coral Springs, Broward County, FL 33067.
`
`4. At all times material hereto, Defendant, TYSON FOODS, INC., a corporation duly
`
`authorized to do business in Florida, manufactured, and/or prepared for consumption chicken
`
`wings sold at the Walmart store located at 3801 Turtle Creek Dr., Coral Springs, Broward
`
`County, FL 33067.
`
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/25/2020 05:01:04 PM.****
`
`
`Filing # 112369877 E-Filed 08/25/2020 05:01 :06 PM
`
`IN THE CIRCUIT COURT FOR THE 17th JUDICIAL CIRCUIT
`
`IN AND FOR BROWARD COUNTY, FLORIDA
`
`BETTY GAITOR,
`
`CASE NO.:
`
`vs.
`
`Plaintiff,
`
`TYSON FOODS, INC., and
`
`WALMART, INC.,
`
`Defendants.
`
`/
`
`COMPLAINT
`
`Plaintiff, BETTY GAITOR, by and through the undersigned attorney, sues the
`
`Defendants, TYSON FOODS, INC., and WALMART, INC., and alleges as follows:
`
`QENERAL ALLEGATIQNS & JURISDICTION
`
`1. This is an action for damages which exceeds the sum of Thirty Thousand and 00/100
`
`($30,000.00) Dollars, excluding interest and costs.
`
`2. At all times material hereto, Plaintiff, BETTY GAITOR, was a resident of Broward
`
`County, Florida.
`
`3. At all times material hereto, Defendant, WALMART, INC., a corporation duly authorized
`
`to do business in Florida, manufactured, and/or prepared for consumption, and sold chicken
`
`wings at its store at 3801 Turtle Creek Dr., Coral Springs, Broward County, FL 33067.
`
`4. At all times material hereto, Defendant, TYSON FOODS, INC., a corporation duly
`
`authorized to do business in Florida, manufactured, and/or prepared for consumption chicken
`
`wings sold at the Walmart store located at 3801 Turtle Creek Dr., Coral Springs, Broward
`
`County, FL 33067.
`
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/25/2020 05:01:04 PM.****
`
`
`
`5. On or about February 12, 2019, Plaintiff, BETTY GAITOR purchased prepared chicken
`
`wings, ready to eat, from the Walmart located at 380] Turtle Creek Dr., Coral Springs, Broward
`
`County, FL 33067.
`
`6. 0n the aforementioned date, Plaintiff, BETTY GAITOR, as she bit into the chicken
`
`wings she purchased at Wahnart, encountered a piece of metal in her chicken and sustained
`
`injuries.
`
`W
`
`7. Plaintiff readopts and realleges Paragraphs 1 through 6 as if fully set forth herein.
`
`8. At all times material hereto, Defendant, WALMART, INC, had a duty to sell safe food to
`
`its customers, guests, and/or invitees, including the Plaintiff, BETTY GAITOR.
`
`9.
`
`In light of the above, Defendant, WALMART, INC., by and through its employees, agents
`
`and/or servants breached its duties to the Plaintiff, BETTY GAITOR, by committing one or more
`
`of the following negligent acts and/or negligent acts of omission which were the direct and
`
`proximate cause of injuries to Plaintiff, BETTY GAITOR, as alleged more fully:
`
`a. The condition of piece of metal in chicken wings was such as to constitute a
`
`hazard;
`
`b. Allowed a dangerous condition to exist in chicken wings by virtue of the hidden
`
`piece of metal in the chicken wings;
`
`c. Failed to implement appropriate policies and procedures with reference to
`
`recognizing and addressing dangerous and/or hazardous conditions in food sold;
`
`d. Failing to warn of the known hazard;
`
`e. Failure to inspect the chicken wings for hazards;
`
`
`
`
`
`f. Failure to correct hazards that appear to have been present for a sufficient amount
`
`of time in which a repair should and could have been performed;
`
`g. Failure to property train its employees with regard to identifying and correcting
`
`hazards in food products and/or food preparation and related devices, like fryers;
`
`h. Failure to maintain its food preparation devices,
`
`like fryers,
`
`in a safe and
`
`reasonable manner; and
`
`i. Continuing to do business with and selling chicken products from a vendor like
`
`Tyson, Inc., which has a known reputation for selling dangerous chicken products with metal.
`
`As a direct and proximate result of the Defendant’s negligence, Plaintiff, BETTY
`
`GAITOR suffered serious bodily injury and resulting pain and suffering, disability,
`
`disfigurement, mental anguish, significant and permanent scarring,
`
`loss of capacity for the
`
`enjoyment of life, expenses of hospitalization, medical and nursing care and treatment, loss of
`
`earnings, and loss of ability to earn money.
`
`Plaintiff, BETTY GAITOR demands judgment from Defendant, WALMART, INC., for
`
`damages and costs, pre-judgment interest where applicable, along with any further relief this
`
`Court deems just and proper.
`
`COUNT ll -— NEGLIGENCE OF TYSON FOODS, INQ.
`
`10. Plaintiff readopts and realleges Paragraphs 1 through 6 as if fiilly set forth herein.
`
`11. At all times material hereto, Defendant, TYSON FOODS, INC., had a duty to sell safe
`
`food to its customers, guests, and/or invitees, including the Plaintiff, BETTY GAITOR.
`
`12.
`
`In light of the above, Defendant, TYSON FOODS, INC., by and through its employees,
`
`agents and/or servants breached its duties to the Plaintiff, BETTY GAITOR, by committing one
`
`
`
`or more of the following negligent acts and/or negligent acts of omission which were the direct
`
`and pr0ximate cause of injuries to Plaintiff, BETTY GAITOR, as alleged more fully:
`
`a. The condition of piece of metal in chicken wings was such as to constitute a
`
`hazard;
`
`b. Allowed a dangerous condition to exist in chicken wings by virtue of the hidden
`
`piece of metal in the chicken wings;
`
`0. Failed to implement appropriate policies and procedures with reference to
`
`recognizing and addressing dangerous and/ or hazardous conditions in food sold;
`
`d. Failing to warn of the known hazard;
`
`e. Failure to inspect the chicken wings for hazards;
`
`f. Failure to correct hazards that appear to have been present for a sufficient amount
`
`of time in which a repair should and could have been performed;
`
`g. Failure to property train its employees with regard to identifying and correcting
`
`hazards in food products and/or food preparation and related devices; and
`
`h. Failure to maintain its food preparation devices, in a safe and reasonable manner.
`
`As a direct and proximate result of the Defendant’s negligence, Plaintiff, BETTY
`
`GAITOR suffered serious bodily injury and resulting pain and suffering, disability,
`
`disfigurement, mental anguish, significant and permanent scarring,
`
`loss of capacity for the
`
`enjoyment of life, expenses of hospitalization, medical and nursing care and treatment, loss of
`
`earnings, and loss of ability to earn money.
`
`Plaintiff, BETTY GAITOR demands judgment from Defendant, TYSON FOODS, INC.,
`
`for damages and costs, pre-judgment interest where applicable, along with any fin‘ther relief this
`
`
`
`Court deems just and proper.
`
`DEMAND FOR
`
`RY
`
`The Plaintiff, BETTY GAITOR, herein demands a trial by jury on all issues so tn'able by
`
`law.
`
`Dated this 25th of August, 2020.
`
`PORCARO LAW GROUP
`Counsel for I-’laim‘ifir
`14428-B S. Military Trail
`Delray Beach, FL 33484
`Phone: (561) 450-9355
`Fax:
`(561) 717-7124
`pjporcaro@porcarolaw.com
`tina@porcarolaw.com
`BY: mum
`PETER J. PORCARO
`
`FBN: 3 l 147
`
`
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