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Filing # 106917246 E-Filed 04/30/2020 03:52:25 PM
IN THE CIRCUIT COURT FOR MANATEE COUNTY, FLORIDA
CIVIL DIVISION
Alexxis Dejesus and Brendan Mills,
Plaintiffs,
v. : Case No. 2019-CA-5191
The Bradenton Yacht Club, Inc.,
a Florida corporation; FCF Foundation Inc.,
a Florida corporation; Breanna Leigh Jones;
Daniel Lewis; Shawn Wall; Brian Turner.
Defendants.
AMENDED COMPLAINT
Alexxis Dejesus and Brendan Mills (collectively referred to as “Plaintiffs”) sue The
Bradenton Yacht Club, Inc. (“Bradenton Yacht Club”), FCF Foundation Inc. (“FCF”), Breanna
Leigh Jones, Daniel Lewis, Shawn Wall, and Brian Turner and state:
COMMON ALLEGATIONS
The following allegations are made common to and part of each count of this complaint.
1. The Nature of this Action. This complaint asserts causes of action by the
Plaintiffs for: (a) assault; (b) battery; (c) negligent security; and (d) negligence.
2. The Parties.
A. Alexxis Dejesus is an adult resident of Manatee County, Florida;
B. Brendan Mills is an adult resident of Manatee County, Florida;
Cc. Bradenton Yacht Club is a Florida Corporation, which hosted the 2019 Fire
Charity Fishing Tournament on its premises from June 7-9, 2019;
Dz. FCF Foundation is a Florida Corporation, which organized the 2019 Fire
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E. Breanna Jones is an adult resident of Manatee County, Florida;
F. Daniel Lewis is an adult resident of Manatee County, Florida; and
G. Shawn Wall is an adult resident of Manatee County, Florida.
H. Brian Turner is an adult resident of Manatee County, Florida.
3. Jurisdiction, This complaint asserts causes of action for damages in excess of
$15,000.00. Pursuant to Chapter 26, Florida Statutes (2019) this court has jurisdiction to hear these
causes of action.
4. Venue. Venue properly lies in Manatee County, Florida because it is the county in
which; (a) the causes of actions occurred; and (b) the plaintiffs and defendants reside.
5. Attorneys. Alexxis Dejesus and Brendan Mills have retained Mackey Law Group,
P.A. to prosecute this action and are obligated to pay their attorneys a reasonable fee for services
rendered.
6. The Operative Facts. The following chronology describes the events giving rise
to the causes of action within this complaint.
(i) From June 7-9, 2019, FCF hosted their 2019 Fire Charity Fishing Tournament on
the premises of The Bradenton Yacht Club (“the fishing tournament”). The fishing
tournament was open to the public and attendance was encouraged.
(ii) On June 9, 2019, Brendan Mills, a member at the Bradenton Yacht Club, and his
guest, Alexxis Dejesus, arrived at the fishing tournament to view the weigh-in and
awards banquet. Alexxis Dejesus and Brendan Mills arrived, via boat, and tied up
alongside the boat “Hauling Grass,” captained/owned by Brian Turner after
receiving approval from Brian Turner to do so. Mr. Lewis, Mr. Wall, and Ms. Jones
were passengers on Mr. Turner’s boat when the plaintiffs tied-up to Hauling Grass.
(iii) | Hauling Grass was tied up along the eastern seawall of the premises of the
Bradenton Yacht Club commonly referred to as “the wall.” Mr. Mills’ boat was tied
directly to Hauling Grass, which was tied up directly to the wall. Due to the large
number of invitees at the fishing tournament that arrived by boat, multiple
participants tied up to boats which were tied up to the wall. FCF and the Bradenton
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tied up to the wall to access the fishing tournament.
(iv) | Ms. Dejesus and Mr. Mills crossed-over Hauling Grass to reach the dock of the
Bradenton Yacht Club. Upon entering Hauling Grass, Ms. Jones made
inflammatory remarks to Alexxis Dejesus. The Plaintiffs ignored the remarks and
entered the premises, proceeding to engage in the fishing tournament festivities.
(v) Upon returning to leave the fishing tournament, Alexxis Dejesus was immediately
confronted by Ms. Jones upon entering Hauling Grass. A physical confrontation
ensued wherein Ms. Jones was the aggressor. Among other things, Ms. Jones threw
Alexxis Dejesus on the deck floor of Hauling Grass, stood over her while she was
on the floor, and continued assaulting Alexxis. The above occurred while the
fishing tournament was still underway.
(vi) | Mr. Mills attempted to stop Ms. Jones’ assault on Alexxis Dejesus; but, he too was
assaulted and battered by Mr. Wall and Mr. Lewis. Among other things, Mr. Lewis
placed Mr. Mills in a chokehold and held Brendan in the hold for so long that
Brendan lost consciousness. Meanwhile, Mr. Wall cowardly attempted to gouge-
out Brendan’s eyes. The above occurred while the fishing tournament was still
underway.
(vii) FCF Foundation and The Bradenton Yacht Club either did not hire security
personnel for the fishing tournament or failed to ensure the sufficient amount of
security and failed to make diligent inspections at reasonable intervals of time
during the fishing tournament to ensure the safety of their invitees.
7. Conditions Precedent. All conditions precedent to bringing this action have
occurred or have been waived.
8. Jury Trial. Plaintiffs request a jury trial on all matters set forth in the above-styled
complaint.
COUNT I- Assault by Breanna Jones on Alexxis Dejesus
9. Common Allegations. Alexxis Dejesus hereby realleges and incorporates the
allegations set forth in paragraphs one through eight as though fully set forth herein.
10. The Nature of This Action. This action is for an assault on Alexxis Dejesus caused
by Breanna Jones.
11. The Well-Founded Fear. Ms. Jones’ above-described conduct created a well-
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12. Ability to Make Good. Ms. Jones’ above-described threatening conduct was
coupled with the apparent ability to make good on the perceived threat.
13. Damages. As a result of Ms. Jones’ conduct, Alexxis Dejesus received physical
and emotional damages.
14. | Requested Relief. Based on the foregoing, Breanna Jones committed civil assault
on Alexxis Dejesus. Thus, it is requested that the court enter an order in favor of Alexxis Dejesus
and against Breanna Jones for:
a. Damages in excess of $15,000.00;
b. Costs of this action; and
c. Such other relief as the court deems appropriate.
COUNT II- Battery by Breanna Jones on Alexxis Dejesus
15. Common Allegations. Alexxis Dejesus hereby realleges and incorporates the
allegations set forth in paragraphs one through eight as though fully set forth herein.
16. The Nature of this Action. This action is for a battery on Alexxis Dejesus caused
by Breanna Jones.
17. Harmful or Offensive Contact/Reasonable Apprehension. Ms. Jones’ above-
described conduct caused harmful or offensive contact upon Alexxis Dejesus or created a
reasonable apprehension that such contact was imminent.
18. Intent to Cause Such Contact/Apprehension. Ms. Jones acted with the intent to
cause harmful or offensive contact upon Alexxis Dejesus or with the intent to cause a reasonable
apprehension that such contact was imminent.
19. Damages. As a result of Ms. Jones’ conduct, Alexxis Dejesus received physical
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20. Requested Relief. Based on the foregoing, Breanna Jones committed civil battery
on Alexxis Dejesus. Thus, it is requested that the court enter an order in favor of Alexxis Dejesus
and against Ms. Jones for:
a. Compensatory damages exceeding $15,000;
b. Costs of this action; and
c. Such other relief as the court deems appropriate.
COUNT III- Assault by Daniel Lewis on Brendan Mills
21. Common Allegations. Brendan Mills hereby realleges and incorporates the
allegations made in paragraphs one through eight as though fully set forth herein.
22. The Nature of this Action. This action is for an assault on Brendan Mills caused
by Daniel Lewis.
23. The Well-Founded Fear. Mr. Lewis’ above-describe conduct created a well-
founded fear in Brendan that a physical battery was imminent.
24. Ability to Make Good. Mr. Lewis’ above-described threatening conduct was
coupled with the apparent ability to make good on the perceived threat.
25. Damages. As a result of Mr. Lewis’ conduct, Brendan Mills received physical and
emotional damages.
26. Requested Relief. Based on the foregoing, Daniel Lewis committed civil assault
on Brendan Mills. Thus, it is requested that the court enter an order in favor of Brendan Mills and
against Daniel Lewis for:
a. Compensatory damages exceeding $15,000.00;
b. Costs of this action; and
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COUNT IV- Battery by Daniel Lewis on Brendan Mills
27. Common Allegations. Brendan Mills hereby realleges and incorporates the
allegations made in paragraphs one through eight as though fully set forth herein.
28. The Nature of this Action. This action is for a battery on Brendan Mills caused by
Daniel Lewis.
29. Harmful or Offensive Contact/Reasonable Apprehension. Mr. Lewis’ above-
describe conduct caused harmful or offensive contact upon Brendan or created a reasonable
apprehension that such contact was imminent.
30. Intent to Cause Such Contact/Apprehension. Mr. Lewis acted with the intent to
cause harmful or offensive contact upon Brendan or with the intent to cause a reasonable
apprehension that such contact was imminent.
31. Damages. As a result of Mr. Lewis’ conduct, Brendan Mills received physical and
emotional damages.
32. Request for Relief. Based on the foregoing, Daniel Lewis committed civil battery
on Brendan Mills. Thus, it is requested that the court enter an order in favor of Brendan Mills and
against Daniel Lewis for:
a. Compensatory damages exceeding $15,000.00;
b. Costs of this action; and
c. Such other relief as the court deems appropriate.
COUNT V- Assault by Shawn Wall against Brendan Mills (Final Judgement as to liability
entered against Mr. Wall based on Clerk’s Default on March 4, 2020)
33. Common Allegations, Brendan Mills hereby realleges and incorporates the
allegations made in paragraphs one through eight as though fully set forth herein.
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E-Filed with MCCC - 2019CA005191AX- 4/30/2020 3:52 PM - PG 6 of 1234. ‘The Nature of this Action. This action is for an assault on Brendan Mills caused
by Shawn Wall. A final judgement per plaintiffs’ motion for final default judgment based on
clerk’s default was entered against Shawn Wall as to liability only on March 4, 2020.
35. The Well-Founded Fear. Mr. Wall’s above-describe conduct created a well-
founded fear in Brendan that a physical battery was imminent.
36. Ability to Make Good. Mr. Wall’s above-described threatening conduct was
coupled with the apparent ability to make good on the perceived threat.
37. Damages. As a result of Mr. Wall’s conduct, Brendan Mills received physical and
emotional damages.
38. Requested Relief. Based on the foregoing, Shawn Wall committed civil assault on
Brendan Mills. Thus, it is requested that the court enter an order in favor of Brendan Mills and
against Shawn Wall for:
a. Compensatory damages exceeding $15,000.00;
b. Costs of this action; and
c. Such other relief as the court deems appropriate.
COUNT VI- Battery by Shawn Wall on Brendan Mills (Final Judgement as to liability
entered against Mr. Wall based on Clerk’s Default on March 4, 2020)
39. Common Allegations, Brendan Mills hereby realleges and incorporates the
allegations made in paragraphs one through eight as though fully set forth herein.
40. The Nature of this Action. This action is for a battery on Brendan Mills caused by
Shawn Wall. A final judgement per plaintiffs’ motion for final default judgment based on clerk’s
default was entered against Shawn Wall as to liability only on March 4, 2020.
41. Harmful or Offensive Contact/Reasonable Apprehension. Mr. Wall’s above-
describe conduct caused harmful or offensive contact upon Brendan or created a reasonable
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42. Intent to Cause Such Contact/Apprehension. Mr. Wall acted with the intent to
cause harmful or offensive contact upon Brendan or with the intent to cause a reasonable
apprehension that such contact was imminent.
43. Damages. As a result of Mr. Wall’s conduct Brendan Mills received physical and
emotional damages.
44. Requested Relief. Based on the foregoing, Shawn Wall committed civil battery on
Brendan Mills. Thus, it is requested that the court enter an order in favor of Brendan Mills and
against Shawn Wall for:
a. Compensatory damages exceeding $15,000.00;
b. Costs of this action; and
c. Such other relief as the court deems appropriate.
COUNT VII- Negligent Security by FCF
45. Common Allegations. Plaintiffs hereby reallege and incorporate the allegations set
forth in paragraphs one through eight as though fully set forth herein.
46. The Nature of this Action. This action is for negligent security against FCF by
Plaintiffs.
47. Duty Owed to Plaintiffs. FCF owed a duty to Plaintiffs as invitees to: (i) use
reasonable care to maintain the premises, and the foreseeable zone of risk adjacent to/outside of
the premises, in a reasonable safe condition; and (ii) to acquire actual knowledge of dangerous
conditions on the premises and the foreseeable zone of risk adjacent to/outside of the premises,
including making reasonable inspections. The fishing tournament was open to the public, and
Brendan Mills at all relevant times hereto was a member at the Bradenton Yacht Club. Therefore,
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express and/or implied invitation of FCF. Further, FCF’s activities on the premises reasonably led
Plaintiff's to conclude that they were welcomed or invited for Plaintiffs intended purposes of
participating in the fishing tournament.
48. Breach of Duty. FCF had actual and constructive knowledge that several of the
participants and guests at the fishing tournament would be drinking alcohol before, during, and
after the event. FCF scheduled all fishing categories to cease fishing at 12:00 p.m. on Sunday,
September 9, 2019, and scheduled the awards ceremony to commence at 5:00 p.m. This gave
participants and guests five hours to continue their consumption of alcoholic beverages; yet, FCF
failed to hire and/or provide adequate security for the event and failed to make diligent inspections
at reasonable intervals of time to ensure the premises, and the foreseeable zone of risk adjacent
to/outside the premises, were in a reasonably safe condition. FCF knew or should have known that
adequate security measures were necessary to ensure the safety of their invitees.
49. Injury Caused by Breach of Duty. As a result of FCF’s failure to provide security
for the event, and their failure to make diligent inspections at reasonable intervals of time, Plaintiffs
were assaulted and battered during the fishing tournament.
50. Damages. As a result of FCF’s breach of duty, Plaintiff's received physical and
emotional damages.
51. Requested Relief. It is requested that the court enter an order in favor of Plaintiffs
and against FCF Foundation for:
a. Compensatory damages exceeding $15,000.00;
b. Costs of this action; and
c. Such other relief as the court deems appropriate.
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52. Common Allegations. Plaintiffs hereby reallege and incorporate the allegations set
forth in paragraphs one through eight as though fully set forth herein.
53. Duty Owed to Plaintiffs. Bradenton Yacht Club owed a duty to Plaintiffs as
invitees to: (i) use reasonable care to maintain the premises and the foreseeable zone of risk
adjacent to/outside of the premises in a reasonable safe condition; and (ii) to acquire actual
knowledge of dangerous conditions on the premises and the foreseeable zone of risk adjacent
to/outside of the premises, including making reasonable inspections. The fishing tournament was
open to the public, and Brendan Mills at all relevant times hereto was a member at the Bradenton
Yacht Club. Therefore, the Plaintiffs entered the premises, and the foreseeable zone of risk
adjacent to/outside of the premises, with express and/or implied invitation of FCF. Further,
Bradenton Yacht Club’s activities on the premises reasonably led Plaintiff's to conclude that they
were welcomed or invited for Plaintiff's intended purposes of participating in the fishing
tournament.
54. Breach of Duty. Bradenton Yacht Club had actual and constructive knowledge that
several of the participants and guests at the fishing tournament would be drinking alcohol during
and after the event. Bradenton Yacht Club had actual or constructive knowledge that FCF
scheduled all fishing categories to cease fishing at 12:00 p.m. on Sunday September 9, 2019 and
scheduled the awards ceremony to commence at 5:00 p.m. This gave participants and guests five
hours to continue their consumption of alcoholic beverages; yet Bradenton Yacht Clube failed to
hire and/or provide adequate security for the event and failed to make diligent inspections at
reasonable intervals of time to ensure the premises, and the foreseeable zone of risk adjacent
to/outside the premises, were in a reasonably safe condition. Bradenton Yacht Club knew or should
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55. Injury Caused by Breach of Duty. As a result of Bradenton Yacht Club’s failure
to provide security for the event and to make diligent inspections at reasonable intervals of time
Plaintiffs were assaulted and battered during the fishing tournament.
56. Damages. As a result of Bradenton Yacht Club’s breach of duty, Plaintiffs
received physical and emotional damages.
57. Requested Relief. It is requested that the court enter an order in favor of Plaintiffs
and against Bradenton Yacht Club for:
a. Compensatory damages exceeding $15,000.00;
b. Costs of this action; and
c. Such other relief as the court deems appropriate.
COUNT IX- Negligence by Brian Turner
58. Common Allegations. Plaintiffs hereby reallege and incorporate the allegations set
forth in paragraphs one through eight as though fully set forth herein.
59. Duty Owed to Plaintiffs. Brian Turner owed a duty to exercise reasonable care
towards those passengers and guests lawfully upon his vessel.
60. Breach of Duty. Brain Turner provided alcohol to his guest on his boat, he also
knew or should have known, that his guests had a propensity for violence, yet, Brian Turner
turned a blind eye to not only the conduct of his guests, but, also the safety of his invitees on/and
over his boat. Brian Turner breached the duty of care owed to Plaintiffs by failing to protect
Plaintiffs and/or reasonably warn of the known dangers on his vessel.
61. | Causation. As a result of Mr. Turner’s breach of his duty owed, Plaintiffs were
assaulted and battered during the fishing tournament
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and emotional damages.
63. Requested Relief, It is requested that the court enter an order in favor of Plaintiffs
and against Brian Turner for:
a. Compensatory damages exceeding $15,000.00;
b. Costs of this action; and
c. Such other relief as the court deems appropriate.
MACKEY LAW GROUP, P.A.
1402 Third Avenue West
Bradenton, Florida 34205
(941) 746-6225
(941) 748-6584 (FAX)
Attorneys for Alexxis Dejesus and Brendan
Mills
By: Cert bed:
Peter J. Mackey
Florida Bar No. 0629138
pmakey@mackeylaw.com
Conrado Gomez, Jr.
Florida Bar No. 1010973
cgomez@mackeylaw.com
Certificate of Service
I certify that the foregoing Amended Complaint has been furnished to Paul M. Weekley,
Esq., 1635 N. Tampa Street, Tampa, Florida 33602, via electronic mail at service@wsvlegal.com
and mgservice@wsvlegal.com, Anton Hopen, Esq., 180 Pine Avenue North, Oldsmar, Florida
34667, via electronic mail at intake@smithhopen.com, and Patricia D. Crauwels, Esq., 1626
Ringling Boulevard, Suite 300, Sarasota, Florida 34236, via electronic mail at
pcrauwels@matthewseastmoore.com and ekdubose@matthewseastmoore.com, on April 30, 2020.
Attorney g j e
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Preview
Filing # 106917246 E-Filed 04/30/2020 03:52:25 PM IN THE CIRCUIT COURT FOR MANATEE COUNTY, FLORIDA CIVIL DIVISION Alexxis Dejesus and Brendan Mills, Plaintiffs, v. : Case No. 2019-CA-5191 The Bradenton Yacht Club, Inc., a Florida corporation; FCF Foundation Inc., a Florida corporation; Breanna Leigh Jones; Daniel Lewis; Shawn Wall; Brian Turner. Defendants. AMENDED COMPLAINT Alexxis Dejesus and Brendan Mills (collectively referred to as “Plaintiffs”) sue The Bradenton Yacht Club, Inc. (“Bradenton Yacht Club”), FCF Foundation Inc. (“FCF”), Breanna Leigh Jones, Daniel Lewis, Shawn Wall, and Brian Turner and state: COMMON ALLEGATIONS The following allegations are made common to and part of each count of this complaint. 1. The Nature of this Action. This complaint asserts causes of action by the Plaintiffs for: (a) assault; (b) battery; (c) negligent security; and (d) negligence. 2. The Parties. A. Alexxis Dejesus is an adult resident of Manatee County, Florida; B. Brendan Mills is an adult resident of Manatee County, Florida; Cc. Bradenton Yacht Club is a Florida Corporation, which hosted the 2019 Fire Charity Fishing Tournament on its premises from June 7-9, 2019; Dz. FCF Foundation is a Florida Corporation, which organized the 2019 Fire E-Filed with MCCC - 2019CA005191AX- 4/30/2020 3:52 PM - PG 1 of 12Charity Fishing Tournament at the Bradenton Yacht Club; E. Breanna Jones is an adult resident of Manatee County, Florida; F. Daniel Lewis is an adult resident of Manatee County, Florida; and G. Shawn Wall is an adult resident of Manatee County, Florida. H. Brian Turner is an adult resident of Manatee County, Florida. 3. Jurisdiction, This complaint asserts causes of action for damages in excess of $15,000.00. Pursuant to Chapter 26, Florida Statutes (2019) this court has jurisdiction to hear these causes of action. 4. Venue. Venue properly lies in Manatee County, Florida because it is the county in which; (a) the causes of actions occurred; and (b) the plaintiffs and defendants reside. 5. Attorneys. Alexxis Dejesus and Brendan Mills have retained Mackey Law Group, P.A. to prosecute this action and are obligated to pay their attorneys a reasonable fee for services rendered. 6. The Operative Facts. The following chronology describes the events giving rise to the causes of action within this complaint. (i) From June 7-9, 2019, FCF hosted their 2019 Fire Charity Fishing Tournament on the premises of The Bradenton Yacht Club (“the fishing tournament”). The fishing tournament was open to the public and attendance was encouraged. (ii) On June 9, 2019, Brendan Mills, a member at the Bradenton Yacht Club, and his guest, Alexxis Dejesus, arrived at the fishing tournament to view the weigh-in and awards banquet. Alexxis Dejesus and Brendan Mills arrived, via boat, and tied up alongside the boat “Hauling Grass,” captained/owned by Brian Turner after receiving approval from Brian Turner to do so. Mr. Lewis, Mr. Wall, and Ms. Jones were passengers on Mr. Turner’s boat when the plaintiffs tied-up to Hauling Grass. (iii) | Hauling Grass was tied up along the eastern seawall of the premises of the Bradenton Yacht Club commonly referred to as “the wall.” Mr. Mills’ boat was tied directly to Hauling Grass, which was tied up directly to the wall. Due to the large number of invitees at the fishing tournament that arrived by boat, multiple participants tied up to boats which were tied up to the wall. FCF and the Bradenton Page 2 of 12 E-Filed with MCCC - 2019CA005191AX- 4/30/2020 3:52 PM - PG 2 of 12Yacht Club implicitly or expressly consented to invitees tying up to other vessels tied up to the wall to access the fishing tournament. (iv) | Ms. Dejesus and Mr. Mills crossed-over Hauling Grass to reach the dock of the Bradenton Yacht Club. Upon entering Hauling Grass, Ms. Jones made inflammatory remarks to Alexxis Dejesus. The Plaintiffs ignored the remarks and entered the premises, proceeding to engage in the fishing tournament festivities. (v) Upon returning to leave the fishing tournament, Alexxis Dejesus was immediately confronted by Ms. Jones upon entering Hauling Grass. A physical confrontation ensued wherein Ms. Jones was the aggressor. Among other things, Ms. Jones threw Alexxis Dejesus on the deck floor of Hauling Grass, stood over her while she was on the floor, and continued assaulting Alexxis. The above occurred while the fishing tournament was still underway. (vi) | Mr. Mills attempted to stop Ms. Jones’ assault on Alexxis Dejesus; but, he too was assaulted and battered by Mr. Wall and Mr. Lewis. Among other things, Mr. Lewis placed Mr. Mills in a chokehold and held Brendan in the hold for so long that Brendan lost consciousness. Meanwhile, Mr. Wall cowardly attempted to gouge- out Brendan’s eyes. The above occurred while the fishing tournament was still underway. (vii) FCF Foundation and The Bradenton Yacht Club either did not hire security personnel for the fishing tournament or failed to ensure the sufficient amount of security and failed to make diligent inspections at reasonable intervals of time during the fishing tournament to ensure the safety of their invitees. 7. Conditions Precedent. All conditions precedent to bringing this action have occurred or have been waived. 8. Jury Trial. Plaintiffs request a jury trial on all matters set forth in the above-styled complaint. COUNT I- Assault by Breanna Jones on Alexxis Dejesus 9. Common Allegations. Alexxis Dejesus hereby realleges and incorporates the allegations set forth in paragraphs one through eight as though fully set forth herein. 10. The Nature of This Action. This action is for an assault on Alexxis Dejesus caused by Breanna Jones. 11. The Well-Founded Fear. Ms. Jones’ above-described conduct created a well- Page 3 of 12 E-Filed with MCCC - 2019CA005191AX- 4/30/2020 3:52 PM - PG 3 of 12founded fear in Alexxis Dejesus that a physical battery was imminent. 12. Ability to Make Good. Ms. Jones’ above-described threatening conduct was coupled with the apparent ability to make good on the perceived threat. 13. Damages. As a result of Ms. Jones’ conduct, Alexxis Dejesus received physical and emotional damages. 14. | Requested Relief. Based on the foregoing, Breanna Jones committed civil assault on Alexxis Dejesus. Thus, it is requested that the court enter an order in favor of Alexxis Dejesus and against Breanna Jones for: a. Damages in excess of $15,000.00; b. Costs of this action; and c. Such other relief as the court deems appropriate. COUNT II- Battery by Breanna Jones on Alexxis Dejesus 15. Common Allegations. Alexxis Dejesus hereby realleges and incorporates the allegations set forth in paragraphs one through eight as though fully set forth herein. 16. The Nature of this Action. This action is for a battery on Alexxis Dejesus caused by Breanna Jones. 17. Harmful or Offensive Contact/Reasonable Apprehension. Ms. Jones’ above- described conduct caused harmful or offensive contact upon Alexxis Dejesus or created a reasonable apprehension that such contact was imminent. 18. Intent to Cause Such Contact/Apprehension. Ms. Jones acted with the intent to cause harmful or offensive contact upon Alexxis Dejesus or with the intent to cause a reasonable apprehension that such contact was imminent. 19. Damages. As a result of Ms. Jones’ conduct, Alexxis Dejesus received physical Page 4 of 12 E-Filed with MCCC - 2019CA005191AX- 4/30/2020 3:52 PM - PG 4 of 12and emotional damages. 20. Requested Relief. Based on the foregoing, Breanna Jones committed civil battery on Alexxis Dejesus. Thus, it is requested that the court enter an order in favor of Alexxis Dejesus and against Ms. Jones for: a. Compensatory damages exceeding $15,000; b. Costs of this action; and c. Such other relief as the court deems appropriate. COUNT III- Assault by Daniel Lewis on Brendan Mills 21. Common Allegations. Brendan Mills hereby realleges and incorporates the allegations made in paragraphs one through eight as though fully set forth herein. 22. The Nature of this Action. This action is for an assault on Brendan Mills caused by Daniel Lewis. 23. The Well-Founded Fear. Mr. Lewis’ above-describe conduct created a well- founded fear in Brendan that a physical battery was imminent. 24. Ability to Make Good. Mr. Lewis’ above-described threatening conduct was coupled with the apparent ability to make good on the perceived threat. 25. Damages. As a result of Mr. Lewis’ conduct, Brendan Mills received physical and emotional damages. 26. Requested Relief. Based on the foregoing, Daniel Lewis committed civil assault on Brendan Mills. Thus, it is requested that the court enter an order in favor of Brendan Mills and against Daniel Lewis for: a. Compensatory damages exceeding $15,000.00; b. Costs of this action; and Page 5 of 12 E-Filed with MCCC - 2019CA005191AX- 4/30/2020 3:52 PM - PG 5 of 12c. Such other relief as the court deems appropriate. COUNT IV- Battery by Daniel Lewis on Brendan Mills 27. Common Allegations. Brendan Mills hereby realleges and incorporates the allegations made in paragraphs one through eight as though fully set forth herein. 28. The Nature of this Action. This action is for a battery on Brendan Mills caused by Daniel Lewis. 29. Harmful or Offensive Contact/Reasonable Apprehension. Mr. Lewis’ above- describe conduct caused harmful or offensive contact upon Brendan or created a reasonable apprehension that such contact was imminent. 30. Intent to Cause Such Contact/Apprehension. Mr. Lewis acted with the intent to cause harmful or offensive contact upon Brendan or with the intent to cause a reasonable apprehension that such contact was imminent. 31. Damages. As a result of Mr. Lewis’ conduct, Brendan Mills received physical and emotional damages. 32. Request for Relief. Based on the foregoing, Daniel Lewis committed civil battery on Brendan Mills. Thus, it is requested that the court enter an order in favor of Brendan Mills and against Daniel Lewis for: a. Compensatory damages exceeding $15,000.00; b. Costs of this action; and c. Such other relief as the court deems appropriate. COUNT V- Assault by Shawn Wall against Brendan Mills (Final Judgement as to liability entered against Mr. Wall based on Clerk’s Default on March 4, 2020) 33. Common Allegations, Brendan Mills hereby realleges and incorporates the allegations made in paragraphs one through eight as though fully set forth herein. Page 6 of 12 E-Filed with MCCC - 2019CA005191AX- 4/30/2020 3:52 PM - PG 6 of 1234. ‘The Nature of this Action. This action is for an assault on Brendan Mills caused by Shawn Wall. A final judgement per plaintiffs’ motion for final default judgment based on clerk’s default was entered against Shawn Wall as to liability only on March 4, 2020. 35. The Well-Founded Fear. Mr. Wall’s above-describe conduct created a well- founded fear in Brendan that a physical battery was imminent. 36. Ability to Make Good. Mr. Wall’s above-described threatening conduct was coupled with the apparent ability to make good on the perceived threat. 37. Damages. As a result of Mr. Wall’s conduct, Brendan Mills received physical and emotional damages. 38. Requested Relief. Based on the foregoing, Shawn Wall committed civil assault on Brendan Mills. Thus, it is requested that the court enter an order in favor of Brendan Mills and against Shawn Wall for: a. Compensatory damages exceeding $15,000.00; b. Costs of this action; and c. Such other relief as the court deems appropriate. COUNT VI- Battery by Shawn Wall on Brendan Mills (Final Judgement as to liability entered against Mr. Wall based on Clerk’s Default on March 4, 2020) 39. Common Allegations, Brendan Mills hereby realleges and incorporates the allegations made in paragraphs one through eight as though fully set forth herein. 40. The Nature of this Action. This action is for a battery on Brendan Mills caused by Shawn Wall. A final judgement per plaintiffs’ motion for final default judgment based on clerk’s default was entered against Shawn Wall as to liability only on March 4, 2020. 41. Harmful or Offensive Contact/Reasonable Apprehension. Mr. Wall’s above- describe conduct caused harmful or offensive contact upon Brendan or created a reasonable Page 7 of 12 E-Filed with MCCC - 2019CA005191AX- 4/30/2020 3:52 PM - PG 7 of 12apprehension that such contact was imminent. 42. Intent to Cause Such Contact/Apprehension. Mr. Wall acted with the intent to cause harmful or offensive contact upon Brendan or with the intent to cause a reasonable apprehension that such contact was imminent. 43. Damages. As a result of Mr. Wall’s conduct Brendan Mills received physical and emotional damages. 44. Requested Relief. Based on the foregoing, Shawn Wall committed civil battery on Brendan Mills. Thus, it is requested that the court enter an order in favor of Brendan Mills and against Shawn Wall for: a. Compensatory damages exceeding $15,000.00; b. Costs of this action; and c. Such other relief as the court deems appropriate. COUNT VII- Negligent Security by FCF 45. Common Allegations. Plaintiffs hereby reallege and incorporate the allegations set forth in paragraphs one through eight as though fully set forth herein. 46. The Nature of this Action. This action is for negligent security against FCF by Plaintiffs. 47. Duty Owed to Plaintiffs. FCF owed a duty to Plaintiffs as invitees to: (i) use reasonable care to maintain the premises, and the foreseeable zone of risk adjacent to/outside of the premises, in a reasonable safe condition; and (ii) to acquire actual knowledge of dangerous conditions on the premises and the foreseeable zone of risk adjacent to/outside of the premises, including making reasonable inspections. The fishing tournament was open to the public, and Brendan Mills at all relevant times hereto was a member at the Bradenton Yacht Club. Therefore, Page 8 of 12 E-Filed with MCCC - 2019CA005191AX- 4/30/2020 3:52 PM - PG 8 of 12the Plaintiffs entered the premises, and the foreseeable zone of risk adjacent to the premises, with express and/or implied invitation of FCF. Further, FCF’s activities on the premises reasonably led Plaintiff's to conclude that they were welcomed or invited for Plaintiffs intended purposes of participating in the fishing tournament. 48. Breach of Duty. FCF had actual and constructive knowledge that several of the participants and guests at the fishing tournament would be drinking alcohol before, during, and after the event. FCF scheduled all fishing categories to cease fishing at 12:00 p.m. on Sunday, September 9, 2019, and scheduled the awards ceremony to commence at 5:00 p.m. This gave participants and guests five hours to continue their consumption of alcoholic beverages; yet, FCF failed to hire and/or provide adequate security for the event and failed to make diligent inspections at reasonable intervals of time to ensure the premises, and the foreseeable zone of risk adjacent to/outside the premises, were in a reasonably safe condition. FCF knew or should have known that adequate security measures were necessary to ensure the safety of their invitees. 49. Injury Caused by Breach of Duty. As a result of FCF’s failure to provide security for the event, and their failure to make diligent inspections at reasonable intervals of time, Plaintiffs were assaulted and battered during the fishing tournament. 50. Damages. As a result of FCF’s breach of duty, Plaintiff's received physical and emotional damages. 51. Requested Relief. It is requested that the court enter an order in favor of Plaintiffs and against FCF Foundation for: a. Compensatory damages exceeding $15,000.00; b. Costs of this action; and c. Such other relief as the court deems appropriate. Page 9 of 12 E-Filed with MCCC - 2019CA005191AX- 4/30/2020 3:52 PM - PG 9 of 12COUNT VIII- Negligent Security by Bradenton Yacht Club 52. Common Allegations. Plaintiffs hereby reallege and incorporate the allegations set forth in paragraphs one through eight as though fully set forth herein. 53. Duty Owed to Plaintiffs. Bradenton Yacht Club owed a duty to Plaintiffs as invitees to: (i) use reasonable care to maintain the premises and the foreseeable zone of risk adjacent to/outside of the premises in a reasonable safe condition; and (ii) to acquire actual knowledge of dangerous conditions on the premises and the foreseeable zone of risk adjacent to/outside of the premises, including making reasonable inspections. The fishing tournament was open to the public, and Brendan Mills at all relevant times hereto was a member at the Bradenton Yacht Club. Therefore, the Plaintiffs entered the premises, and the foreseeable zone of risk adjacent to/outside of the premises, with express and/or implied invitation of FCF. Further, Bradenton Yacht Club’s activities on the premises reasonably led Plaintiff's to conclude that they were welcomed or invited for Plaintiff's intended purposes of participating in the fishing tournament. 54. Breach of Duty. Bradenton Yacht Club had actual and constructive knowledge that several of the participants and guests at the fishing tournament would be drinking alcohol during and after the event. Bradenton Yacht Club had actual or constructive knowledge that FCF scheduled all fishing categories to cease fishing at 12:00 p.m. on Sunday September 9, 2019 and scheduled the awards ceremony to commence at 5:00 p.m. This gave participants and guests five hours to continue their consumption of alcoholic beverages; yet Bradenton Yacht Clube failed to hire and/or provide adequate security for the event and failed to make diligent inspections at reasonable intervals of time to ensure the premises, and the foreseeable zone of risk adjacent to/outside the premises, were in a reasonably safe condition. Bradenton Yacht Club knew or should Page 10 of 12 E-Filed with MCCC - 2019CA005191AX- 4/30/2020 3:52 PM - PG 10 of 12have known that adequate security measures were necessary to ensure the safety of their invitees. 55. Injury Caused by Breach of Duty. As a result of Bradenton Yacht Club’s failure to provide security for the event and to make diligent inspections at reasonable intervals of time Plaintiffs were assaulted and battered during the fishing tournament. 56. Damages. As a result of Bradenton Yacht Club’s breach of duty, Plaintiffs received physical and emotional damages. 57. Requested Relief. It is requested that the court enter an order in favor of Plaintiffs and against Bradenton Yacht Club for: a. Compensatory damages exceeding $15,000.00; b. Costs of this action; and c. Such other relief as the court deems appropriate. COUNT IX- Negligence by Brian Turner 58. Common Allegations. Plaintiffs hereby reallege and incorporate the allegations set forth in paragraphs one through eight as though fully set forth herein. 59. Duty Owed to Plaintiffs. Brian Turner owed a duty to exercise reasonable care towards those passengers and guests lawfully upon his vessel. 60. Breach of Duty. Brain Turner provided alcohol to his guest on his boat, he also knew or should have known, that his guests had a propensity for violence, yet, Brian Turner turned a blind eye to not only the conduct of his guests, but, also the safety of his invitees on/and over his boat. Brian Turner breached the duty of care owed to Plaintiffs by failing to protect Plaintiffs and/or reasonably warn of the known dangers on his vessel. 61. | Causation. As a result of Mr. Turner’s breach of his duty owed, Plaintiffs were assaulted and battered during the fishing tournament Page 11 of 12 E-Filed with MCCC - 2019CA005191AX- 4/30/2020 3:52 PM - PG 11 of 1262. Damages. As a result of Brian Turner’s breach of duty, Plaintiff's received physical and emotional damages. 63. Requested Relief, It is requested that the court enter an order in favor of Plaintiffs and against Brian Turner for: a. Compensatory damages exceeding $15,000.00; b. Costs of this action; and c. Such other relief as the court deems appropriate. MACKEY LAW GROUP, P.A. 1402 Third Avenue West Bradenton, Florida 34205 (941) 746-6225 (941) 748-6584 (FAX) Attorneys for Alexxis Dejesus and Brendan Mills By: Cert bed: Peter J. Mackey Florida Bar No. 0629138 pmakey@mackeylaw.com Conrado Gomez, Jr. Florida Bar No. 1010973 cgomez@mackeylaw.com Certificate of Service I certify that the foregoing Amended Complaint has been furnished to Paul M. Weekley, Esq., 1635 N. Tampa Street, Tampa, Florida 33602, via electronic mail at service@wsvlegal.com and mgservice@wsvlegal.com, Anton Hopen, Esq., 180 Pine Avenue North, Oldsmar, Florida 34667, via electronic mail at intake@smithhopen.com, and Patricia D. Crauwels, Esq., 1626 Ringling Boulevard, Suite 300, Sarasota, Florida 34236, via electronic mail at pcrauwels@matthewseastmoore.com and ekdubose@matthewseastmoore.com, on April 30, 2020. Attorney g j e Page 12 of 12 E-Filed with MCCC - 2019CA005191AX- 4/30/2020 3:52 PM - PG 12 of 12