Dismounting A 'Beast' Lawsuit
Dismounting A 'Beast' Lawsuit
CASE NO.:
Plaintiffs,
VS.
Defendant.
/
COMPLAINT
ASQUINO (hereinafter "RAFAEL"), and GIOVANA ASQUINO, a minor by and through her
next friend and natural guardians, JULIANA ASQUINO and RAFAEL ASQUINO (hereinafter
"GIOVANA"), by and through their undersigned counsel, and hereby sue Defendant,
alleges:
GENERAL ALLEGATIONS
2. At all times material hereto, Plaintiff, JULIANA, was a resident of Sao Bernardo, located
4. At all times material hereto, Plaintiff, GIOVANA, was a resident of Sao Bernardo, located
in Sao Paulo, Brazil. Plaintiff GIOVANNA is a minor child and her lawful parents have
5. At all times material hereto, Defendant, UNIVERSAL, was a Florida Limited Partnership
7. At all times material hereto, Defendant, UNIVERSAL was responsible for the damages
and injuries sustained by business invitees within the park resulting from its own
independent negligence, the negligence of its employees and agents, apparent agents,
8. At all times material hereto, Defendant, Universal knew or should have known that a
dangerous condition and/or falling hazard existed within the park located in Orlando,
Florida.
9. At all times material hereto, Defendant, Universal, was responsible for the actions and
inactions of its agents, apparent agents, including, but not limited to, the employees who
were responsible for maintaining and supervising the park located in Orlando, Florida, on
COUNT I —
NEGLIGENCE AGAINST UNIVERSAL CITY DEVELOPMENT
PARTNERS, LTD.
Plaintiffs readopt and re-allege paragraphs 1
through 9 as though fully set forth herein.
10. On or about June 14, 2022, JULIANA, was a business invitee at Universal's Islands of
12. JULIANA was dismounting from "a beast" at the Carro-Seuss-E1 ride when she fell due to
the negligent design of the Carro-Seuss-E1 ride. There were no warning signs advising of
13. JULIANA was not aware of the dangerous condition and/or falling hazard, nor was she
14. As a direct and proximate result of the negligence of UNIVERSAL, by and through the
actions and/or inactions of its employees, agents, apparent agents, and independent
contractors, JULIANA sustained severe personal injuries, the injuries are permanent and
continuing in nature and the JULIANA will suffer the losses and impairment in the future.
15. At all times material hereto, UNIVERSAL was the owner of the park and was the entity
responsible for the care, design, and maintenance of the park and responsible for the actions
and/or inactions of its agents and/or employees, including, but not limited to, the employees
working on or about June 14, 2022, who were negligent in the following respects:
a. Failure to exercise ordinary and reasonable care and prudence to have and maintain
the premises in a reasonably safe condition for all ordinary, customary, and
reasonable uses to which it may be used by the patrons, including, but not limited
to failure to timely remedy the dangerous condition and/or falling hazard on June
14, 2022;
b. Failure to exercise ordinary and reasonable care for the safety of JULIANA by
failing to warn of or remedy the dangerous condition that existed on June 14, 2022;
and
c. Failure to exercise ordinary and reasonable care under the circumstances that
16. As a direct and proximate result of the negligence outlined above, JULIANA was injured,
suffered pain therefrom, incurred medical expenses in the treatment of the injuries and
sequelae, has suffered loss of enjoyment of life, the injuries are permanent and continuing
in nature and JULIANA will continue to suffer the losses and impairments in the future.
Given the nature ofJULIANA's injuries, JULIANA will more likely require future medical
treatment.
ASQUINO, a minor by and through her next friend and natural guardians, JULIANA
ASQUINO and RAFAEL ASQUINO, respectfully demand judgment for damages and all
LTD., and for such relief as this Court may deem proper.
COUNT II —
LOSS OF CONSORTIUM OF RAFAEL ASQUINO AGAINST
Plaintiffs readopt and re-allege paragraphs 1 through 9 as though fully set forth herein.
17. At all times material to the cause of action herein, Plaintiffs JULIANA and RAFAEL, her
18. As a direct and proximate result of the aforesaid negligence of Defendant UNIVERSAL
CITY DEVELOPMENT PARTNERS, LTD., Plaintiff RAFAEL has suffered in the past
and continues to suffer for an indefinite time in the future the deprivation of consortium
and services of his wife, JULIANA, who prior to the incident herein, was in good health
and fully capable of performing any of her family relationship duties, but now cannot, or
COUNT III —
LOSS OF CONSORTIUM OF GIOVANA ASQUINO, A MINOR BY
19. At all times material to the cause of action herein, Plaintiff GIOVANA, was an unmarried
20. As a direct and proximate result of the aforesaid negligence of Defendant UNIVERSAL
CITY DEVELOPMENT PARTNERS, LTD., Plaintiff GIOVANA has suffered in the past
and continues to suffer for an indefinite time in the future the deprivation of consortium
and services of her mother, JULIANA, who prior to the incident herein, was in good health
and fully capable of performing any of her family relationship duties, but now cannot, or
21. Furthermore, GIOVANA witnessed her mother JULIANA' s injuries on the subject ride on
the date of the incident and suffered extreme emotional trauma when she witnessed her
mother moments after she fell from the CARO-SEUSS-EL ride and suffered a traumatic
injury. GIOVANA was transported to the hospital with her mother on the day of the
Plaintiffs also demand trial by jury of all issues so triable in this case.
Respectfully submitted,
/s/Benjamin D. Rust II
Benjamin D. Rust II, Esquire
Florida Bar #: 115371
The Law Offices of Benjamin D. Rust II LLC
6965 Piazza Grande Ave., Suite 316
Orlando, FL 32835
E-mail(s) for service: [email protected]
[email protected]
[email protected]
Tel: (407) 326-6333 / Fax: (407) 326-6334
Attorney for the Plaintiffs: ASQUINO