IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA
Vernon Webber,
Plaintiff,
v. Case No.: 06-CA- 6577
Dave Provau,
Defendant.
________________________/
COMPLAINT AND DEMAND FOR JURY TRIAL
JURISDICTION AND VENUE
Plaintiff, VERNON WEBBER, by and through his undersigned attorney, sues DAVE PROVAU, and alleges as follows:
1. This action is brought to obtain relief for defamation committed by Defendant against Plaintiff.
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 Orange County, Florida.
PARTIES
4. Plaintiff currently resides in Brevard County, Florida, and at all times
material hereto resided in Brevard County, Florida.
5. Upon information and belief, Defendant resides in Orange County, Florida.
6. Plaintiff, VERNON WEBBER, and Defendant, DAVE PROVAU, were employed, at all relevant times to this complaint, by the Orange County Fire Department.
7. At all relevant times to this complaint the defamatory statements and publication occurred within Orange County, Florida.
8. On April 9, 2005, Plaintiff went on a cruise during his vacation. The cruise sailed from Port Canaveral, through Key West, and into Belize. Unbeknownst to Plaintiff, Defendant, DAVE PROVAU, was allegedly on the same cruise.
COUNT I: LIBEL
9. On or about April 14, 2005, Mr. DAVE PROVAU authored and effectively emailed the following libelous statements to Mr. Brandt, who was Plaintiff’s supervisor, as well as published, upon information and belief, to other members of the general public:
A. “VERNON WEBBER was arrested in the Country of Belize City on Tuesday”
B. ” he is either still in Belise (sic) jail or in the process of being deported from that country back to the United States.”
C. “On a smaller note, he was smoking cigarettes on multiple occasions on-board against his employment conditions.”
D. “Vernon Webbers (sic) picture was displayed on security screens at all disembarkation points.”
10. Mr. PROVAU published the aforementioned email with the above statements knowing them to be false.
11. The above statements were made with malice and reckless disregard for the truth.
12. The above statements, which expressly and/or impliedly state the Plaintiff had committed a crime, or otherwise arrested in a foreign country, constitute libel per se.
13. The above statements exposed Plaintiff to ridicule and contempt, and tended to injure Plaintiff’s reputation and caused him to lose his job.
14. As a direct and proximate result of the foregoing, Plaintiff, VERNON WEBBER, has sustained injury to reputation and health, and he has suffered shame, humiliation, mental anguish, and hurt feelings experienced in the past and to be experienced in the future. Moreover, said libelous statements caused Mr. WEBBER to lose his job and as a result incurred an exorbitant amount of economic damages. Plaintiff has also sustained the reasonable value or expense of medical and/or psychological care and treatment to be incurred in the future. Plaintiff is also entitled to nominal damages.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff, VERNON WEBBER sues the Defendant DAVE PROVAU for damages in excess of the minimum jurisdictional limits of this court, plus costs and interest.
COUNT II: SLANDER
15. After Defendant published the aforedescribed email, MR. PROVOU verbally stated to employees of the Orange County Fire Department, and upon information and belief, to other members of the general public that:
a. Mr. WEBBER had committed a crime in the country of Belize.
b. The Mr. WEBBER had been arrested in Belize.
c. That Mr. WEBBER had committed a serious crime in Belize.
d. That Mr. WEBBER was being criminally deported from the Country of Belize.
e. That Mr. WEBBER was violating the terms of his employment during the entire time that Mr. WEBBER was on the cruise ship.
f. “That Mr. WEBBER was being sought by the cruise ship security.”
16. The Defendant, DAVE PROVAU, published the aforementioned statements, knowing they were false.
17. The above statements were made with malice and reckless disregard for the truth.
18. The above statements, which expressly and/or impliedly state the Plaintiff had committed a crime, or otherwise was arrested in a foreign country, constitute slander per se.
19. The above statements exposed Plaintiff to ridicule and contempt, and tended to injure Plaintiff’s reputation and caused him to lose his job.
20. As a direct and proximate result of the foregoing, Plaintiff, VERNON WEBBER, has sustained injury to reputation and health, and he has suffered shame, humiliation, mental anguish, and hurt feelings experienced in the past and to be experienced in the future. Moreover, said libelous statements caused Mr. WEBBER to lose his job and as a result incurred an exorbitant amount of economic damages. Plaintiff has also sustained the reasonable value or expense of medical and/or psychological care and treatment to be incurred in the future. Plaintiff is also entitled to nominal damages.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff, VERNON WEBBER sues the Defendant DAVE PROVAU for damages in excess of the minimum jurisdictional limits of this court, plus costs and interest.
DEMAND FOR JURY TRIAL
Plaintiff demands a jury trial on all issues herein triable by jury.
Dated this _____ day of _____________, 2006.
ALLEN & ARCADIER, P.A.
_______________________________
Wayne L. Allen, Esquire
Florida Bar No. 0110025
Email: [email protected]
Maurice Arcadier, Esquire
Florida Bar No. 131180
Attorneys for Plaintiff
700 N. Wickham Road, Suite 107
Melbourne, Florida 32935
Phone: (321) 254-7550
Fax: (321) 242-1681
