IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA
Carl D. Ambrose,
Plaintiff,
v. Case No.:
D.D.A. CORPORATION,
Defendant.
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COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, CARL D. AMBROSE, by and through his undersigned attorney,
sues Defendant, D.D.A. Corporation, and alleges as follows:
1. This action is brought to obtain relief for discrimination committed by Defendant against Plaintiff based on Plaintiff’s age.
2. This is an action for damages in excess of Fifteen Thousand Dollars ($15,000.00), exclusive of interest, costs, and attorney fees.
3. The unlawful practices alleged below were committed within Brevard County, Florida.
4. Plaintiff currently resides in Brevard County, Florida, and at all times material hereto resided in Brevard County, Florida.
5. Defendant is a Florida corporation, registered and doing business in the State of Florida, in Brevard County, and is an “employer” as defined in the statutes under which this complaint is brought.
6. At all times material hereto, Defendant was doing business in Brevard County, Florida, under the name of Coastal Mitsubishi/Hyundai.
7. Plaintiff was employed by Defendant from 2002 to 2003 in the position of Sales Associate. Plaintiff earned a salary and sales commissions for selling new and used cars to customers.
8. Plaintiff was a one-year and six-month employee of Defendant when he was terminated and was fifty-seven (57) years of age, having been born on September 24, 1946.
9. Plaintiff was terminated by Defendant on or about August 16, 2003,
10. The termination of Plaintiff on or about August 16, 2003 occurred without any prior warning and was without any valid or legitimate basis.
11. During Plaintiff’s employment with Defendant, Plaintiff was subjected to age related statements by Defendant’s management evidencing a desire to have only young salespersons working for Defendant.
12. At all times, Plaintiff performed all duties assigned to him in a professionally competent manner, faithfully followed all reasonable instructions given to him by his supervisors, and abided by all the rules and regulations of Defendant.
13. Plaintiff filed a formal Charge of Discrimination alleging age discrimination with the Florida Commission on Human Relations (FCHR) on May 7, 2004, FCHR File Number 200422004, and more than one hundred eighty (180) days have expired since the filing of said Charge of Discrimination. A copy of said Charge of Discrimination is attached hereto and incorporated herein as Exhibit “A”.
14. This action is brought pursuant to Chapter 760, Florida Statutes, 2003 to obtain relief from discrimination committed by Defendant against Plaintiff in violation of the Florida Civil Rights Act.
15. The termination of Plaintiff’s employment was motivated by the intent of Defendant to discriminate against Plaintiff on the basis of his age.
16. In its termination of Plaintiff’s employment, the Defendant discriminated against Plaintiff on the basis of his age.
17. In terminating Plaintiff’s employment, Defendant violated the provisions of Section 760.10(1)(a), Florida Statutes which makes it unlawful for an employer “To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, national origin, age, handicap, or marital status”.
18. Plaintiff has suffered and continues to suffer grave and severe damage to his financial welfare, and his employment prospects, due to Defendant’s discriminatory actions against Plaintiff.
19. Plaintiff has suffered severe mental anguish and emotional distress as a result of Defendant’s actions.
20. The conduct of Defendant complained of herein was intentional, willful, malicious, oppressive, wanton and in complete disregard of the rights of Plaintiff.
21. Plaintiff has retained the undersigned attorney and agreed to pay him a reasonable fee.
22. Plaintiff has exhausted his administrative remedies prior to bringing this action.
23. Plaintiff has complied with all conditions precedent prior to bringing this action.
WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
A. Judgment for his back pay, including all sums of money Plaintiff would have earned, together with such other increases to which he would be entitled, had he not been discriminatorily discharged.
B. Compensatory damages, including, but not limited to, damages for mental anguish, loss of dignity, and any other intangible injuries.
C. Front pay.
D. Punitive Damages.
E. An award of reasonable attorney fees and all costs incurred herein.
F. Such other damages as may be just and proper.
DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial on all issues herein triable by jury.
DATED: This _____ day of February, 2005.
Lawyers and Attorneys
________________________
Wayne L. Allen, Esquire
Florida Bar No. 110025
Adrienne E. Trent, Esquire
Florida Bar No. 0060119
Daniel A. Perez, Esquire
Florida Bar No. 426903
Attorneys for Plaintiff
700 N. Wickham Road, Suite 107
Melbourne, Florida 32935
Phone: (321) 254-7550
Fax: (321) 242-1681
