IN THE CIRCUIT COURT OF THE
FOR BREVARD COUNTY, FLORIDA
v. CASE NO.
d/b/a, Coastal Mitsubishi/
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, PETER BITTNER, by and through his undersigned attorney, sues Defendant, D.D.A. CORPORATION, d/b/a, Coastal Mitsubishi/Coastal Hyundai, and alleges as follows:
1. This action is brought pursuant to Section 760.10 and 760.11, Florida Statutes, 2003 to obtain relief for age discrimination committed by Defendant against Plaintiff in terminating Plaintiff from his employment because of Plaintiff’s age.
2. This is an action for damages in which the matter in controversy exceeds Fifteen Thousand Dollars ($15,000.00), exclusive of interest, costs, and attorney’s fees.
3. The unlawful practices alleged below were committed within the City of Melbourne, in Brevard County, Florida.
4. Plaintiff currently resides in Melbourne, Brevard County, Florida, and at all times material herein resided in Brevard County, Florida.
5. Plaintiff was fifty-three (53) years of age at the time of his discharge, having been born on October 21, 1949.
6. Defendant, D.D.A. CORPORATION, is a Florida corporation, doing business in the State of Florida.
7. Plaintiff was employed by the Defendant in May, 1998.
8. Plaintiff was employed by Defendant in the position of Sales Manager.
9. At all times, Plaintiff performed all of the 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.
10. Plaintiff was discharged by Defendant due to his age on or about September 6, 2003, and Plaintiff has been denied payment of wages and other employment prerequisites as a result of his unlawful termination.
11. Plaintiff filed a formal complaint with the Florida Commission on Human Relations on December 22, 2003, and more than one hundred eighty (180) days have expired since the filing of said Complaint.
12. Plaintiff was replaced in his position by a younger person.
13. Plaintiff has exhausted his administrative remedies prior to bringing this action.
14. Plaintiff has complied with all conditions precedent prior to bringing this action.
WHEREFORE, Plaintiff prays for judgment against Defendant, D.D.A. CORPORATION 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. An award of interest on those sums of back pay for which Defendant is liable to Plaintiff;
C. An award for expenses incurred by Plaintiff in his job search, all money paid for health benefits, and all money paid for medical expenses;
D. An award of reasonable attorney’s fees and all costs incurred herein;
E. An order requiring that all of Defendant’s personnel records be corrected to reflect satisfactory service by Plaintiff;
F. Compensatory damages;
G. Punitive damages; and
H. Such other damages and remedies 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 July, 2004.
Allen & Trent, P.A.
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
Attorney: Maurice Arcadier
Date Filed: 07/09/2004
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.