Dunkin Donuts Being Sued

Filing # 188989595 E-Filed 01/03/2024 11:48:47 AM
IN THE CIRCUIT COURT, 9th

JUDICIAL DISTRICT, IN AND FOR
ORANGE COUNTY, FLORIDA
CASE NO.:
PAUL KEROUAC
Plaintiff,
vs.
HZ 0 DONUTS, LLC d/b/a

DUNKIN DONUTS
Defendant.
/
VERIFIED COMPLAINT FOR DAMAGES
Plaintiff, PAUL KEROUAC, by and through the undersigned attorney, hereby sues the
above defendant, HZ 0 DONUTS, LLC d/b/a DUNKIN DONUTS, and alleges:
Jurisdiction and Venue
1. This is an action for damages which exceed the sum of $50,000, exclusive of costs,
interest and attorneysfees.
2. At all times material to this action, Plaintiff PAUL KEROUAC, was a natural person
residing in Flagler County, Florida.
3. At all times material to this action, Defendant HZ 0 DONUTS, LLC d/b/a DUNKIN
DONUTS was licensed to do business and conducting business at 2265 Aloma Avenue, Winter
Park, Florida, as a retail establishment open to the general public.
4. Jurisdiction and venue are proper in this Court as the incident giving rise to this action
occurred in Orange County, Florida.

General Allegations
5. On or about January 6, 2022, Plaintiff, who was lawfully on the premises of
Defendant, sustained severe and long term injuries following the explosion of a toilet in the
mensroom of the business owned by Defendant. The explosion resulted in Defendant and the
interior of the room itself, being covered with debris, including human feces and urine.
6. Following the explosion of the toilet, Plaintiff emerged from the mens room and
sought assistance from employees and managers of Defendant's business to clean himself, as he
remained covered with human feces and urine after emerging from the mens' room at
Defendant's business.
7. Plaintiff was informed by Defendant's employees that they were aware of the
'problem with the toilet' as prior incidents with the toilet had occurred.
9. Plaintiff requires mental health care and counseling as a direct result of the trauma
experienced in the rest room at Defendant's business and from the continuing trauma following
the event.
Count I
(Negligence)
9. Plaintiff realleges and incorporates by reference, paragraphs 1 through 9 herein.
10. Defendant had a duty to Plaintiff, as an invitee, to maintain its premises, including
the mens' room and the toilet, in a reasonably safe condition for use by its invitees, and to warn
its invitees of any known hazards or hazardous conditions, about which the Defendant knew or
reasonably should have known through the exercise of reasonable care.
11. At all times material hereto, Defendant had a duty to its invitees to warn its invitees,
including Plaintiff, of any known hazards or hazardous conditions, about which Defendant knew
of reasonably should have known through the exercise of reasonable care.

12. At the date and at the location described herein. Defendant breached its duties owed
to Plaintiff by committing one or more of the following omissions or commissions:
a. Negligently failing to maintain or adequately maintain the mensroom toilet,
thus creating a
dangerous condition to members of the public, including Plaintiff;
b. Negligently failing to inspect of adequately inspect the mens' room toilet to
ascertain whether the toilet constituted a hazard to business invitees, including Plaintiff, thus
creating an unreasonably dangerous condition to members of the public, including Plaintiff;
c. Negligently failing to warn or adequately warn Plaintiff of the gander of the
mens' room toilet, when Defendant knew or should have known that the toilet was unreasonably
dangerous, leaving Plaintiff unaware of the danger.
13. As a direct result of Defendant's breach and/or multiple breaches of its duties and
obligations to Plaintiff, who was lawfully on Defendant's premises, Plaintiff unwittingly became
the victim of the exploding toilet and of the aftermath which followed, and sustained damages,
including injuries and emotional and mental distress.
14. As a direct and proximate result of the negligence of Defendant, Plaintiff suffered
bodily injury and psychological damages resulting in pain and suffering, disability, permanent
and significant emotional injury, mental anguish, loss of the capacity for the enjoyment of life,
expense of medical care and treatment. The injuries and damages are either peinianent or
continuing in nature and Plaintiff will suffer losses in the future.
WHEREFORE, Plaintiff PAUL KEROUAC seeks judgment against Defendant HZ 0
DONUTS, LLC d/b/a DUNKIN DONUTS for damages sustained and expected to be sustained
in excess of $50,000; plus prejudgment interest, post judgment interest and Plaintiff s costs of
action; and hereby demands a trial by jury by all issues so triable.

Verification Of Complaint
Under penalty of perjury, I declare that I have read the foregoing and the facts alleged
therein are true and correct to the best of my knowledge and belief
"1011°
PAUL KERO AC
/s/ Scott W. Spradley

Scott W. Spradley
Fla. Bar #782467
Law Offices of Scott W. Spradley, P.A.
301 South Central Avenue
P.O. Box 1
Flagler Beach, FL 32136
Tel: 386/693-4935
Fax: 386/693-4937
[email protected]
Attorneys for the Plaintiff

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Filing # 188989595 E-Filed 01/03/2024 11:48:47 AM

IN THE CIRCUIT COURT, 9th

HZ 0 DONUTS, LLC d/b/a

VERIFIED COMPLAINT FOR DAMAGES

above defendant, HZ 0 DONUTS, LLC d/b/a DUNKIN DONUTS, and alleges:

Jurisdiction and Venue

interest and attorneysfees.

residing in Flagler County, Florida.

Park, Florida, as a retail establishment open to the general public.

occurred in Orange County, Florida.

5. On or about January 6, 2022, Plaintiff, who was lawfully on the premises of

9. Plaintiff realleges and incorporates by reference, paragraphs 1 through 9 herein.

reasonably should have known through the exercise of reasonable care.

of reasonably should have known through the exercise of reasonable care.

to Plaintiff by committing one or more of the following omissions or commissions:

a. Negligently failing to maintain or adequately maintain the mensroom toilet,

b. Negligently failing to inspect of adequately inspect the mens' room toilet to

creating an unreasonably dangerous condition to members of the public, including Plaintiff;

c. Negligently failing to warn or adequately warn Plaintiff of the gander of the

dangerous, leaving Plaintiff unaware of the danger.

including injuries and emotional and mental distress.

continuing in nature and Plaintiff will suffer losses in the future.

WHEREFORE, Plaintiff PAUL KEROUAC seeks judgment against Defendant HZ 0

action; and hereby demands a trial by jury by all issues so triable.

/s/ Scott W. Spradley

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