Pike v. Trinity Industries, et. al. Case No.: 5:12-cv-00146-Oc-32PRL Page 2
Cohen Milstein Sellers & Toll,
2925 PGA Boulevard, Suite 200, Palm Beach Gardens, FL 33410 Telephone: (561) 515-1400 Facsimile (561) 515-1401
State Road 33 (“SR33”) in the area near the intersection of SR33 and Groveland Airport Road in
Lake County, Florida. 5.
More than six months have expired prior to the filing of this Complaint since FDOT and the Florida Department of Financial Services were placed on notice in accordance with section 768.28, Florida Statutes. 6.
Venue is appropriate in Leon County, Florida, where Defendant FDOT maintains its principal headquarters, pursuant to the home venue privilege.
See Florida Pub. Serv. Comm'n v. Triple A Enterprises, Inc.,
387 So. 2d 940, 942 (Fla. 1980)
“Absent waiver or exception in civil
actions brought against the state, its agencies or subdivisions, venue properly lies in the county
of its principal headquarters.”
All conditions precedent to the filing of the action have been met or waived.
In 2007, FDOT and its agents, subcontractors, and/or employees, were involved in a construction project (FPN: 417164-1-52-01) on SR33 in the area near the intersection of SR33 and Groveland Airport Road in Lake County, Florida. 9.
FPN: 417164-1-52-01 included the installation of an ET-Plus end terminal system and guardrail system manufactured by Trinity Highway Products, LLC, which was comprised of over fifty component parts. 10.
Guardrails and end terminal systems are comprised of many separate and distinct parts that need to be assembled and installed pursuant to detailed design drawings provided by the manufacturer. Failure to assemble and install a guardrail and end treatment exactly pursuant to