Filing # 187683329 E-Filed 12/08/2023 04:03:34 PM

IN THE CIRCUIT COURT OF THE

NINTH JUDICIAL CIRCUIT IN AND
FOR ORANGE COUNTY, FLORIDA

CASE NO.:

JULIANA ASQUINO, RAFAEL ASQUINO,

and GIOVANA ASQUINO, a minor by and
through her next friend and natural
guardians, JULIANA ASQUINO and
RAFAEL ASQUINO.

Plaintiffs,

VS.

UNIVERSAL CITY DEVELOPMENT

PARTNERS LTD.,

Defendant.
/

COMPLAINT

COMES NOW Plaintiffs, JULIANA ASQUINO, (hereinafter "JULIANN), RAFAEL

ASQUINO (hereinafter "RAFAEL"), and GIOVANA ASQUINO, a minor by and through her

next friend and natural guardians, JULIANA ASQUINO and RAFAEL ASQUINO (hereinafter

"GIOVANA"), by and through their undersigned counsel, and hereby sue Defendant,

UNIVERSAL CITY DEVELOPMENT PARTNERS LDT. (hereinafter "UNIVERSAL"), and

alleges:

GENERAL ALLEGATIONS

1. This is an action for damages that exceed $50,000.00.

2. At all times material hereto, Plaintiff, JULIANA, was a resident of Sao Bernardo, located

in Sao Paulo, Brazil.

3. At all times material hereto, Plaintiff, RAFAEL, was a resident of Sao Bernardo, located

in Sao Paulo, Brazil.

4. At all times material hereto, Plaintiff, GIOVANA, was a resident of Sao Bernardo, located

in Sao Paulo, Brazil. Plaintiff GIOVANNA is a minor child and her lawful parents have

authorized the bringing of this action on her behalf.

5. At all times material hereto, Defendant, UNIVERSAL, was a Florida Limited Partnership

located in Orange County, Florida.

6. The incident in question occurred on June 14, 2022, at UNIVERSAL CITY

DEVELOPMENT PARTNERS, LTD., specifically at Universal Islands of Adventure,

located at 6000 Universal Boulevard, Orlando, Florida in Orange County, Florida.

7. At all times material hereto, Defendant, UNIVERSAL was responsible for the damages

and injuries sustained by business invitees within the park resulting from its own

independent negligence, the negligence of its employees and agents, apparent agents,

independent contractors, and the negligence of its patrons.

8. At all times material hereto, Defendant, Universal knew or should have known that a

dangerous condition and/or falling hazard existed within the park located in Orlando,

Florida.

9. At all times material hereto, Defendant, Universal, was responsible for the actions and

inactions of its agents, apparent agents, including, but not limited to, the employees who

were responsible for maintaining and supervising the park located in Orlando, Florida, on

or about June 14, 2022.

COUNT I —
NEGLIGENCE AGAINST UNIVERSAL CITY DEVELOPMENT

PARTNERS, LTD.
 Plaintiffs readopt and re-allege paragraphs 1
through 9 as though fully set forth herein.

10. On or about June 14, 2022, JULIANA, was a business invitee at Universal's Islands of

Adventure, a park owned by Defendant UNIVERSAL, located at 6000 Universal

Boulevard in Orlando, Florida.

11. As such, UNIVERSAL owed a

heightened duty to protect their business invitees from

dangerous conditions and /or falling hazards.

12. JULIANA was dismounting from "a beast" at the Carro-Seuss-E1 ride when she fell due to

the negligent design of the Carro-Seuss-E1 ride. There were no warning signs advising of

the dangerous condition and/or falling hazard.

13. JULIANA was not aware of the dangerous condition and/or falling hazard, nor was she

warned by an employee of UNIVERSAL, that there was a dangerous condition and/or

falling hazard while dismounting from a beast at the Caro-Seuss-El's ride.

14. As a direct and proximate result of the negligence of UNIVERSAL, by and through the

actions and/or inactions of its employees, agents, apparent agents, and independent

contractors, JULIANA sustained severe personal injuries, the injuries are permanent and

continuing in nature and the JULIANA will suffer the losses and impairment in the future.

15. At all times material hereto, UNIVERSAL was the owner of the park and was the entity

responsible for the care, design, and maintenance of the park and responsible for the actions

and/or inactions of its agents and/or employees, including, but not limited to, the employees

working on or about June 14, 2022, who were negligent in the following respects:

a. Failure to exercise ordinary and reasonable care and prudence to have and maintain

the premises in a reasonably safe condition for all ordinary, customary, and

reasonable uses to which it may be used by the patrons, including, but not limited
 to failure to timely remedy the dangerous condition and/or falling hazard on June

14, 2022;

b. Failure to exercise ordinary and reasonable care for the safety of JULIANA by

failing to warn of or remedy the dangerous condition that existed on June 14, 2022;

and

c. Failure to exercise ordinary and reasonable care under the circumstances that

existed on June 14, 2022.

d. Negligent design of the subject ride.

16. As a direct and proximate result of the negligence outlined above, JULIANA was injured,

suffered pain therefrom, incurred medical expenses in the treatment of the injuries and

sequelae, has suffered loss of enjoyment of life, the injuries are permanent and continuing

in nature and JULIANA will continue to suffer the losses and impairments in the future.

Given the nature ofJULIANA's injuries, JULIANA will more likely require future medical

treatment.

WHEREFORE, Plaintiffs, JULIANA ASQUINO, RAFAEL ASQUINO, and GIOVANA

ASQUINO, a minor by and through her next friend and natural guardians, JULIANA

ASQUINO and RAFAEL ASQUINO, respectfully demand judgment for damages and all

taxable costs against Defendant, UNIVERSAL CITY DEVELOPMENT PARTNERS,

LTD., and for such relief as this Court may deem proper.

COUNT II —
LOSS OF CONSORTIUM OF RAFAEL ASQUINO AGAINST

UNIVERSAL CITY DEVELOPMENT PARTNERS, LTD.

Plaintiffs readopt and re-allege paragraphs 1 through 9 as though fully set forth herein.
17. At all times material to the cause of action herein, Plaintiffs JULIANA and RAFAEL, her

husband, were legally married and living as husband and wife.

18. As a direct and proximate result of the aforesaid negligence of Defendant UNIVERSAL

CITY DEVELOPMENT PARTNERS, LTD., Plaintiff RAFAEL has suffered in the past

and continues to suffer for an indefinite time in the future the deprivation of consortium

and services of his wife, JULIANA, who prior to the incident herein, was in good health

and fully capable of performing any of her family relationship duties, but now cannot, or

is limited in doing so.

WHEREFORE, Plaintiff, RAFAEL ASQUINO, respectfully demands judgment against

Defendant, UNIVERSAL CITY DEVELOPMENT PARTNERS, LTD., for all damages

for loss of consortium.

COUNT III —
LOSS OF CONSORTIUM OF GIOVANA ASQUINO, A MINOR BY

AND THROUGH HER NEXT FRIEND AND NATURAL GUARDIANS,

JULIANA ASQUINO AND RAFAEL ASQUINO, AGAINST UNIVERSAL CITY

DEVELOPMENT PARTNERS, LTD.

Plaintiffs readopt and re-allege paragraphs 1

through 9 as though fully set forth herein.

19. At all times material to the cause of action herein, Plaintiff GIOVANA, was an unmarried

dependent of Plaintiff JULIANA.

20. As a direct and proximate result of the aforesaid negligence of Defendant UNIVERSAL

CITY DEVELOPMENT PARTNERS, LTD., Plaintiff GIOVANA has suffered in the past

and continues to suffer for an indefinite time in the future the deprivation of consortium

and services of her mother, JULIANA, who prior to the incident herein, was in good health
 and fully capable of performing any of her family relationship duties, but now cannot, or

is limited in doing so.

21. Furthermore, GIOVANA witnessed her mother JULIANA' s injuries on the subject ride on

the date of the incident and suffered extreme emotional trauma when she witnessed her

mother moments after she fell from the CARO-SEUSS-EL ride and suffered a traumatic

injury. GIOVANA was transported to the hospital with her mother on the day of the

accident and suffered severe emotional trauma.

WHEREFORE, Plaintiff, GIOVANA ASQUINO, A MINOR BY AND THROUGH HER

NEXT FRIEND AND NATURAL GUARDIANS, JULIANA ASQUINO AND RAFAEL

ASQUINO, respectfully demands judgment against Defendant, UNIVERSAL CITY

DEVELOPMENT PARTNERS, LTD., for all damages for loss of consortium.

DEMAND FOR JURY TRIAL

Plaintiffs also demand trial by jury of all issues so triable in this case.

Dated: December 8, 2023

Respectfully submitted,

/s/Benjamin D. Rust II
Benjamin D. Rust II, Esquire
Florida Bar #: 115371
The Law Offices of Benjamin D. Rust II LLC
6965 Piazza Grande Ave., Suite 316
Orlando, FL 32835
E-mail(s) for service: ben@benrustlaw.com
jinnette@benrustlaw.com
inez@benrustlaw.com
Tel: (407) 326-6333 / Fax: (407) 326-6334
Attorney for the Plaintiffs: ASQUINO