Filing # 197793205 E-Filed 05/07/2024 02:14:57 PM

IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT IN AND FOR

ORANGE COUNTY, FLORIDA

JOHN CHARLES KELLER and CASE NO.:

ASCENSION KELLY, individually and as JUDGE:
Co-Personal Representatives of the Estate of
TYLER ADAM KELLER, deceased, for and
on behalf of all the Estate and Survivors

thereof,

Plaintiffs,
v.

DUKE ENERGY CORPORATION, a Foreign

Profit Corporation,

Defendant.
/

PLAINTIFFSCOMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiffs, JOHN CHARLES KELLER and ASCENSION KELLY ("Plaintiffs"),

individually and as Co-Personal Representatives of the Estate of TYLER ADAM KELLER

("Decedenr or "Mr. Keller), deceased, for and on behalf of all the Estate and Survivors thereof,

through counsel, sue Defendant, DUKE ENERGY CORPORATION ("Duke Energy"), a Foreign

Profit Corporation, and allege:

JURISDICTION, IDENTIFICATION OF PARTIES, & VENUE

1. This is an action for damages in excess of FIFTY THOUSAND DOLLARS

($50,000.00), exclusive of interest and costs.

2. Plaintiffs are duly appointed Co-Personal Representatives of the Estate of Mr. Keller.

Plaintiffs bring this lawsuit individually and on behalf of the Estate of Mr. Keller, in their capacity as

Co-Representatives pursuant to Fla. Stat. § 768.20. Moreover, at all times relevant hereto, Plaintiffs

were the parents of Decedent, and are therefore survivors pursuant to Fla. Stat. § 768.18.
 3. At all times relevant hereto, Mr. Keller was a resident of Osceola County, Florida.

4. At all times relevant hereto, Duke Energy is a Foreign Profit Corporation registered

with the Florida Department of State. Moreover, at all times relevant hereto, Duke Energy regularly

operated, conducted, and engaged in business within the state and is therefore subject to jurisdiction

of this court pursuant to Fla. Stat. § 48.193.

5. Venue is proper because the actions giving rise to this lawsuit occurred within Orange

County, Florida.

6. All conditions precedent to the initiation of this action have been met, waived, or

otherwise satisfied.

GENERAL ALLEGATIONS

7. At all times relevant hereto, the real property located at 9331 Bachman Road, Orlando,

Florida 32824, Parcel ID No. 02-24-29-8220-00-330 ("the property at issue), held two ponds

containing fish and/or other wildlife ("the ponds").

8. The ponds were separated by a strip of land, traversed by electric and/or power lines

(the power lines"), depicted below via Google Earth snapshot:

.;-':,•4141.7.:
'—
'
".- '
'—." •

,-
't,
'
IliOk
'z'
•
-_ -: -,, ,,.
.-,"— —
"'"`-,
.-.
1' ..'. 1-:-.. ....,
-
.",,-
`..*:-..40-.., -
", 4
•
4,.,: ..

• •".L.-.271 :*'/Ix,‘1_*1.10111k:
ter"Ite"Je-
_,
rikupaik, .,..-
a---.3t..',11, .... ,-...—,
..
../ e,

2,,,
•

-7-4a......7-46e7,-.
-,t, ...,..., ...I_ -..., .....„.
,..figre,..,,,,„,
..,,... ,t. 4 w-
3*
4,-

.--.,- '11--
'-..............--..____—.

.' '
r •:.-'
...'''
7.
'
- •
-
.4, '-'09;
---'

0
,..

/
,.

t
•
" •

,..-., ,*" _..

t
---7-e-

4".

-. „

IR r,,w Vim_, —
-

_
_
•-•

_ „

41.'1-'1077

0. -... •
.-..---t
—. ., .-
•

46;40.
-_ •

-- "
- -

.C"---glitA -

,.'- -,-- -
aiii.---_-_ ...

2
 9. Duke Energy owned, operated, supervised, maintained, leased, or otherwise

controlled the power lines.

10. On or about November 25, 2023, Decedent visited the ponds and commenced fishing

from the strip of land traversed by the power lines.

11. Prior to November 25, 2023, a

portion of the power lines had broken and/or become

damaged ("the broken power lines").

12. The broken power lines exposed Decedent and other members of the general public

to an unreasonable risk of electrocution or other injury, due to the following conditions:

a. Broken, damaged, or otherwise failed insulators, surge arresters, and/or other

insulation of electricity; and

b. Insufficient height and/or elevation of wires/cables due to a broken, damaged, or

otherwise failed crossarm.

13. Decedent did not know, and had no reason to know, of the unreasonably dangerous

conditions and risk of injury caused by the broken power lines.

14. While Decedent was fishing, his fishing line became tangled in the broken power

lines, which caused him to be electrocuted and killed.

COUNT I- NEGLIGENCE / WRONGFUL DEATH

AGAINST DUKE ENERGY

15. Plaintiffs adopt and re-allege each and every allegation contained in paragraphs 1

through 14 and, by reference thereto, incorporate the same as if fully stated herein.

16. Duke Energy had a duty to act reasonably and with due regard for the safety and

welfare of the general public, including Mr. Keller, to operate its business in a safe and reasonably

prudent manner so as not to cause harm or death to the general public or Mr. Keller.

17. Duke Energy breached this duty owed to Mr. Keller by failing to:

3
 a. Maintain the power lines;

b. Discover the broken power lines;

c. Close off or otherwise prevent entry to the area of the broken power lines;

d. Advise and/or provide warning regarding the broken power lines and/or risk of

electrocution;

e. Fix the broken power lines or otherwise make the area safe; and/or

f. Advise and/or inform the owner of the property at issue of the broken power lines.

18. As a direct and proximate result of Duke Energy's actions, omissions, carelessness,

and/or negligence, Mr. Keller was killed.

19. As a direct and proximate result of Duke Energy's actions, omissions, carelessness,

and/or negligence, and the wrongful death of Mr. Keller, his Estate has incurred damages pursuant

to the Florida Wrongful Death Act, including, but not limited to, loss of the prospective net

accumulations of an estate, which might reasonably have been expected but for the wrongful death,

reduced to present money value, medical expenses and/or funeral expenses that have become a

charge against his estate or that were paid by or on behalf of decedent, as well as other damages.

20. As a direct and proximate result of Duke Energy's actions, omissions, carelessness,

and/or negligence, and the wrongful death of Mr. Keller, Plaintiffs have in the past and will in the

future suffer the loss of consortium, services, support, comfort, society, attentions, affection, solace,

care, companionship, fellowship and assistance of their son, Mr. Keller.

21. Plaintiffs, the Estate, and Survivors claim any and all other damages to which

Decedent, Plaintiffs, the Estate, and Survivors may be entitled under applicable law.

WHEREFORE, Plaintiffs, JOHN CHARLES KELLER and ASCENSION KELLY,

individually and as Co-Personal Representatives of the Estate of TYLER ADAM KELLER,

4
deceased, for and on behalf of all the Estate and Survivors thereof, demand judgment against the

Defendant, DUKE ENERGY CORPORATION, a Foreign Profit Corporation, in an amount in

excess of FIFTY THOUSAND DOLLARS ($50,000.00), as and for compensatory damages

exclusive of their interests and costs, which they pray for in addition thereto, and for any other relief

this Court deems just and proper.

DEMAND FOR JURY TRIAL

The Plaintiffs in the above styled cause hereby demand a trial by jury of all of the issues triable

by right.

Dated this the 7th day of May, 2024.

Kelley Uustal
l

Attorneys for Plaintiffs

500 North Federal Highway
Suite 200
Fort Lauderdale, Florida 33301
Telephone: (954) 522-6601
Facsimile: (954) 522-6608
Email: trf@kulaw.com
Email: jsn@kulaw.com

By: /S/ TOdd R. Tat-zone

TODD R. FALZONE
Florida Bar No. 0975184
JOSHUA S. NOVAK
Florida Bar No. 1021412

TRF/JSN/jmh