IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR SEMINOLE COUNTY, FLORIDA
Plaintiff, VS. Case No.
BURGER KING CORPORATION,
DEMAND FOR JURY TRIAL
Plaintiff, Tyrant Davis, by and through his undersigned counsel, sues Defendant, Burger King Corporation and alleges the following:
1. The unlawful discriminatory treatment described below was committed within Seminole County, Florida and within the jurisdiction of the Eighteenth Judicial Circuit in Seminole County, Florida.
2. This action is brought to secure to Plaintiff the benefits of the Florida Civil Rights Act, Chapter 760, Florida Statutes, which makes it unlawful to discriminate against any individual with respect to their race or color in the area of public accommodations.
3. Plaintiff is African-American.
4. Defendant, a Florida corporation, operates a network of fast food restaurants, including one in Lake Mary, Florida where the events in this case transpired.
5. Defendant discriminated against Plaintiff on the basis of Plaintiff’s race and color in violation of Chapter 760, Florida Statutes and Section 509.092, Florida Statutes.
6. On December 11, 2001 Plaintiff entered Defendant’s restaurant in Lake Mary, Florida for the purpose of purchasing food. After paying for a take-out order, Plaintiff was verbally accosted by two employees of Defendant who subjected Plaintiff to inappropriate and racially motivated comments, concerning his name, his color and whether he had an intent to rob the store. Plaintiff complained to an Assistant Manager who made further racist and derogatory remarks toward Plaintiff.
7. Plaintiff filed a timely charge of discrimination with the Florida Commission on Human Relations.
8. The Florida Commission on Human Relations investigated the events described in Plaintiff’s Charge of Discrimination and issued a Determination of Cause against Defendant, finding that Defendant violated Plaintiff’s right to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of Defendant’s restaurant, based upon race, in violation of Chapter 760, Florida Statutes, Florida’s Civil Rights Act. A copy of the Notice of Determination is attached as Exhibit “A”.
9. Plaintiff has retained the undersigned attorney and agreed to pay him a reasonable fee.
10. Plaintiff has complied with all conditions precedent prior to bringing this action.
11. The conduct of the Defendant was willful, malicious, oppressive and in complete disregard of the rights of the Plaintiff.
12. As a result of Defendant’s conduct, Plaintiff suffered loss of dignity, mental anguish and other intangible injuries.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant, for all damages to which he may be entitled, including, without limitation:
A. An Order prohibiting the discriminatory practice and providing affirmative relief from the effects of the practice.
B. Compensatory damages, including but not limited to mental anguish, loss of dignity, and any other intangible injuries.
C. Punitive damages.
D. Reasonable attorney fees and costs of this action.
E. Such other damages to which Plaintiff may be entitled.
DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial on all issues herein triable by jury.
DATED: This 5th day of February, 2003.
Wayne L. Allen, Esquire
Florida Bar No. 110025
Adrienne E. Trent, Esquire
Florida Bar No. 0060119
WAYNE L. ALLEN & ASSOCIATES, P.A.
Attorneys for Plaintiffs
700 N. Wickham Road, Suite 107
Melbourne, Florida 32935
Phone: (321) 254-7550
Fax: (321) 242-1681
Stephen R. Koons, Esquire
Florida Bar #163069
Stephen R. Koons, P.A.
25 West New Haven Ave.
Melbourne, Fl. 32901
Attorney: Mauricio Arcadier
Date Filed: 02/05/2003
Our Melbourne office is centrally located in Brevard County, enabling our lawyers to serve clients throughout “the Space Coast”, including Cocoa Beach, Palm Bay and Vero Beach.