IN THE CIRCUIT COURT OF THE

TWENTIETH JUDICIAL CIRCTIIT IN

AND FOR COLLIER COLINTY, FLORIDA
GENERAL JIIRISDICTION DIVISION
CASE NO

{1-aW-ory

JOAN ANTONUCCIO, on behalf of

ANGELA R. CROWE, and ANGELA
R. CROWE, individually,
Plaintiffs,
VS

SPECTATORS3 LLC nlWal REIIBEN'S

PLACE l LLC, a Florida limited liability
company; SPECTATORS IV,INC., a
Florida corporation; SPECTATORS V, INC., a
Florida corporation; FANATICS, INC., a
Florida corporation; JOSEPH SKLADANY,
a Florida resident; and ALBERT
COLARUSSO, a Florida resident,

.. 1

a"t

t
't2
^

tsSal
oF

2
\-lirl

S
'rt
f- f\t r'-_-.7
g <..) .1i'
;4'l
c..j
)b

Defendants.

f1

% .,r .,
}N
(t Y-

COMPLAINT
Plaintiffs, Joan Antonuccio,

on behalf

ofAngela R. Crowe, and Angela Crowe, individually,

hereby sue Defendants Spectators3, LLC, Spectators fV, Inc., Spectators V, Inc., Fanatics, Inc.,
Joseph Skladany and Albert Colarusso, and allege as follows

JURISDICTIONAL ALLEGATIONS

1.

This is an action for damages in excess of $75,000.00, exclusive ofinterest, costs and

attomeys' fees, which is therefore within the jurisdictional limits of this Court. This action arises
out of the

willful

and

unlawful sale of alcohol by Defendants, andlor their agents, employees andlor

trL

Podhurst Orseck, P.A.

25 West Flagler Street, Suite 800 Miami, FL 33130, Miami 305.358.2800 Fax 305.358.2g82

Fort Lauded a1e954.463.4346

***.nodhurst.com

representatives, to

minor, Plaintiff Angela R. Crowe ("Ms. Crowe"), which resulted in serious and

permanent injury to Ms. Crowe.

2.

Venue is proper in Collier Countybecause: (a) Spectators Sports Pub, where

Plaintiff

Angela R. Crowe was willfully and unlawfully sold and fumished alcohol, is and was located in

Collier County; (b) the accident in which Ms. Crowe was involved, as fuilher described below,
occurred

Spectators3 LLC, Spectators

in Collier County; and (c) Defendants

V, Inc., Albert

Colarusso and Joseph Skladany are based in Collier County.

3.

Plaintiff Joan Antonuccio ("Mrs. Antonuccio") is Plaintiff Angela R. Crowe's

mother. Due to the severe injuries sustained by Plaintiff Angela R. Crowe in the below-described
accident, Plaintiff Joan Antonuccio has been or

will be appointed the attorney-in-fact and legal

guardian of Plaintiff Angela R. Crowe in order to bring this action on her behalf.

4.

To the extent Plaintiff Joan Antonuccio is not yet legally authorized to bring this

action on behalf of Piaintiff Angela R. Crowe, Plaintiff Angela R. Crowe brings this action

individually.

5.

At all times material, Plaintiffs Joan Antonuccio and Angela R. Crowe are and were

residents of the State of Florida, currently residing in Seminole County, Florida.

At all times material, Defendant

Spectators3

LLC, nlkla Reuben's

Place LLC

("spectators 3") is and was a limited liability company organized and existing under the laws ofthe
State of Florida, doing business in Collier County, Florida and having appointed Agron G. Slova,
10886 Longshore Way W, Naples, Florida 34119 as its registered agent authorized to accept service

of process in Florida on its behalf. Upon information and belief, Spectators 3 was and is the direct

-2Podhurst Orseck, P.A.

25 West Flagler Sheet, Suite 800,

Miami, FL 33L30, Miami 305.358.2800 Fax 305.358.2382

'

Fort Laudea1e954.463.4346

www.podhurst.com

or indirect owner andlor operater of a sports pub located at 8939 Tamiami Trail North, Naples,
Florida 34108, where Ms. Crowe was willfully and unlawfully served alcohol as a minor.

7.

At all times material, Defendant

Spectators fV, Inc. ("Spectators

fV") is and was a

corporation organzedand existing under the laws of the State of Florida, doing business in the State
of Florida and having appointed Defendant Albert Colarusso, 225 East Joel Blvd., Lehigh Acres,
Florida 33972,as its registered agent authorized to accept service ofprocess in Florida on its behalf.

8.

At all times material, Defendant Spectators V, Inc. ("Spectators V") is and was

corporation organizedand existing under the laws of the State of Florida, doing business in Collier
County, Florida and having appointed Defendant Joseph Skladany, 7550 PreserveLane, Naples,
Florida 34119,

g.

as its registered agent

authorized to accept service ofprocess in Florida on its behalf.

At all times material, Defendant Fanatics, Inc. ("Fanatics") is and was

corporation

organizedand existing under the laws of the State of Florida, doing business in Florida and having
appointed Stephen J. Crawford, 2800 Spanish Wells Blvd, Bonita Springs, Florida 34135, as its
registered agent authorized to accept service ofprocess in Florida on its behalf.

10.

At all times material, Defendant Albert Colarusso ("Mr. Colarusso") is and was a

resident of Collier County, Florida and is and was President of Spectators fV, Inc. and Fanatics, Inc.,
and Vice-President of Spectators

V, Inc. Upon information and belief, Mr. Colarusso is and was

direct or indirect owner of Spectators 3, Spectators fV, Spectators V and Fanatics.

11.

At all times material, Defendant

Joseph Skladany

("Mr. Skladany'') is

and was a

resident of Collier County, Florida and is and was manager of Spectators 3, Vice-President
Spectators

fV

and Fanatics and President of Spectators V,

Inc. Upon information

of

and belief, Mr.

-3Podhurst Orseck, P.A.

25 West Flagler Street, Suite 80O

Miami, FL

331.30,

Miami 305.358.2800 Fax 305.358.2382

'

Fort Lauderdale 954.463.4U6

www.podhurst.com

Skladany is and was a direct or indirect owner of Spectators 3, Spectators fV, Spectators V and
Fanatics.

12.

Upon information and belief and at all times material hereto, Messrs. Colarusso and

Skladanywere direct or indirect owners of the Spectators Sports Pub located at 8939 Tamiami Trail
North, Naples, Florida 341 08 ("Spectators"), where Ms. Crowe was willfully and unlawfully serued

alcohol as a minor.

GENERAL ALLEGATIONS APPLICABLE TO ALL COUNTS

13.

On the evening of March 22,2003, Ms. Crowe, her boyliend, Issac L. Steves, her

brother, Aaron J. Crowe, and his girlfriend, Carolina lturburu, drove to Spectators in two separate
cars. At that time, Ms. Crowe was 19 , Mr. Steve s was 22, Mr. Crowe was 18 and Ms. Iturburu was
18.

14.

Also at that time, Spectators employed an individual by the name of Rodney as a

bartender.

15.

During Ms. Crowe's visit to Spectators, Rodney, and possibly other Spectators

bartenders, willfully and unlawfully sold and served alcoholic beverages to Ms. Crowe with the

knowledge that she was under the age of

2I. Ms. Crow previously had patroned

Spectators on

several occasions and had developed a friendship with Rodney.

16

Ms. Crowe became intoxicated from the consumption ofthe alcoholic beverages sold

and served to her at Spectators.

Mr. Steves also became intoxicated from the consumption of the

alcoholic beverages sold and served to him at Spectators.

17

At approximately 1:00 A.M. on March 23,2003,Ms. Crowe, Mr. Steves, Mr. Crowe

and Ms. Iturburu

left Spectators in two separate cars. Ms. Crowe and Mr. Steves left in one car

-4Podhurst Orseck, P.A.

25 West Flagler Street, Suite 800 Miami, FL 33130, Miami 305.358.2800 Fax 305.358.2382

'

Fort Laudedale 954'463.4346

www.podhurst.com

driven by Mr. Steves, with Ms. Crowe sitting in the passenger seat. Mr. Crowe and Ms. Iturturu left

in another car.

18.

Ms. Crowe and Mr. Steves were traveling eastbound on CR-876 (Golden Gate

Boulevard). Mr. Steves dozed off and veered off of Golden Gate Boulevard, colliding head-on with

atreeonthesideoftheroadabout all4milewestof gthStreetSV/,inNaples,Florida.

19.

Ms. Crowe sustained severe andpermanent iry'uries in this accident, including severe

head trauma,brain damage, a liver laceration, multiple rib fractures with chest trauma, cardiac
contusion, renal contusion, pulmonary arrest, respiratory complications and multiple leg and foot
fractures.

COUNT

VIOLATION OF FLA. STAT. $$ 56?.11(1Xa) AND 768.125

AGAINST ALL DEFENDANTS

20.
19 as

Plaintiffs reallege and reincorporate the allegations set forth inparagraphs

if fully set forth

21.

through

herein.

At all times material, Defendants Spectators 3, Spectators fV, Spectators V, Fanatics,

[rc., Mr. Skladany and/or Mr. Colarusso directly or indirectly owned, managed, maintained, operated
and/or were the entities in control of Spectators.and employed Rodney as a bartender.

22.
representatives,

On March 23,2003, Defendants, by and through their agents, employees and/or

includingbutnotlimitedto Rodney, violatedFla. Stat. $$ 562.11(1)(a) and768.125

by willfully selling and furnishing alcoholic beverages to Ms. Crowe with the knowledge that Ms.
Crowe was under the age of

23.

2I

at the time.

Due to Ms. Crowe's intoxication from the consumption of alcoholic beverages sold

and fumished to her by Defendants on March 22 andMarch 23,2003, Ms. Crowe was incapable

of

5Podhurst Orseck, P.A

25 West Flagler Street, Suite 80O

Miami, FL 33130, Miami 305.358.2800 Fax 305.358.2382

Fort Lauderdale954.463.4346

www.podhurst.com

making an informed decision about whether to travel in a motor vehicle with another person who
also was intoxicated, and was incapable of taking reasonable steps to protect herself while a
passenger in such motor vehicle. But for Ms. Crowe's intoxicated state and impaired judgment on

March 23,2003, Ms. Crowe would not have made the decision to ride as a passenger in the motor
vehicle operated by Mr, Steves.

24.

AsadirectandproximateresultofDefendants'violationofFla.Stat$$

562.11(1)(a)

andT 68.I25 and Ms. Crowe's concomitant intoxication and impaired judgment, Ms. Crowe suffered

severe and permanent injuries for which Defendants are liable pursuant to Fla. Stat $ 768.125.

25.
and 768.125,

AsadirectandproximateresultofDefendants'violationofFla.Stat$$

562.11(1)(a)

Plaintif claim all damages to which Ms. Crowe is entitled under applicable law,

including, but not limited to, bodily injury, scarring and resulting pain and suffering, disability,
disfigurement, mental anguish, loss of capacity for the enjoyment of life, medical and nursing care
expenses, loss of income and other damages permitted by applicable law'

WHEREFORE, in light of the foregoing, Plaintif respectfully request that judgment be

entered against Defendants for compensatory damages, interest and all other relief this Court deems

just and proper. Plaintif further demand trial by jury of all issues so triable.
COUNT II
VICARIOUS LIABILITY
AND
NEGLIGENCE
AGAINST ALL DEFENDANTS

26.
19 as if

fully

27.

Plaintif reallege

and reincorporate the allegations set

forth in paragraphs

through

set forth herein.

At all times material hereto, Defendants Spectators 3, Spectators fV, Spectators V,

Fanatics, Inc.,

Mr.

Skladany and/or

Mr.

Colarusso directly

or indirectly owned, managed,

-6Podhurst Orseck, P.A.

25 West Flagler Street, Suite 800, Miami, FL 33130, Miami 305.358.2800 Fax 305.358.2382

'

Fort Lauderda1e954.M3.4346

www.podhurst.com

maintained, operated andlor were the entities in control of Spectators and employed Rodney as a
bafiender.

28. At all times material hereto, Defendants, as the owners andlor operators of an
establishment selling andlor furnishing alcoholic bevetages, owed a duty of care to lawfully operate

and control Spectators and to prevent injury from unlawfully selling andlor serving alcoholic
beverages to minors.

29.

At all times material hereto, Defendants owed a duty of

care to ensure, and were

responsible for ensurin g, that Spectators was operated only by properly trained, competent, capable
and law-abiding employees, and Defendants are directly, vicariously andlor otherwise legally liable

for all individuals that were employed at Spectators'

30.

Defendants knew or should have known that

if

Spectators was not operated by

properly trained, competent, capable and law-abiding employees, including bartenders such

as

Rodney, there would be an unreasonable risk of harm arising from the consumption of alcohol by

mlnors

3L

At all times material, Defendants, by and through their

agents, employees and/or

representatives, including but not limited to Rodney, breached the duty of care owed to Ms' Crowe

in several ways, including, but not limited to the following:

a.

failing to exercise due care in the hiring and selection of

employees, agents and/or representatives, including
bartenders, to ensure that alcoholic beverages were not sold
or furnished to persons under the age of 27;

b.

failing to properly train, supervise andlor monitor its

employees;

failing to ensure that their employees did not sell or fumish

alcoholic beverages to persons under the age of21;
1

Podhurst Orseck, P.A.

25 West Flagler Sheet, Suite 80Q

Miami, FL 3313O Mami 305.358.2800 Fax 305.358.2382

'

Fot Lauderdale954.463'4346

wwwpodhurst,com

32.

d.

failing to lawfully operate and manage Spectators; and

e.

unlawfully selling and furnishing alcoholic beverages to

Ms. Crowe on March 22 andMarch 23,2003.

At all times material, Defendants, by and through their agents, employees, and/or

representatives, including but not limited to Rodney, failed to exercise the required degree of care

in ensuring that alcoholic

beverages were not sold and/or fumished to minors and operated

in ahazardous manner, with the knowledge that such actions and/or omissions would

Spectators

foreseeably cause inju.y and with utter disregard for such consequences.
33

Notwithstanding this knowledge, Defendants, by and through their agents, employees

andlor representatives, including but not limited to Rodney, who was acting as a bartender within
the course and scope of his employment and entrustment, failed to protect against known risks and

failed to take precautionary measures.

34.

As a direct and proximate result of Defendants' above-listed breaches, Ms. Crowe

became intoxicated and unable to make informed judgements, which directly and foreseeably
resulted in the severe and permanent injuries sustained by Ms. Crowe. But for Ms. Crowe's
intoxicated state and impaired judgment on March 23,2003, Ms. Crowe would not have made the
decision to ride as a passenger in the motor vehicle operated by Mr. Steves'

35.

As a direct and proximate result of Defendants' negligence, Plaintiffs claim all

damages to which Ms. Crowe is entitled under applicable law, including, but not

limited to, bodily

injury, scarring, resulting pain and suffering, disability, disfigurement, mental anguish, loss of
capacity for the enjoyment of life, medical and nursing care expenses, loss of income and other
damages permitted by applicable law.

-8Podhrnst Orseck, P.A.

25 West Flagler Sheet, Suite 80O

Miami, FL 33130, Miami 305.358.2800 Fax 305.358.2382

Fort Lauderdale 954,463.4346

www.podhurst.com

WHEREFORE, Plaintiffs respectfullyrequest that judgment be entered against Defendants

for compensatory damages, interest and all other relief the court deems just and proper. Plaintiffs
further demand trial by jury of all issues so triable.

DATED this22"d day of March,2007.

Respectfully submitted,
PODHT]RST ORSECK, P.A.
Counsel for Plaintiffs
25 West Flagler Street, Suite 800
Miami, Florida 33130
(30s) 358-2800 / Fax (305 s8-2382

By:
C.

Fla. Bar No.: 516414

RAMON A. RASCO
Fla. Bar No. 0617334

-9

Podhurst Orseck, P.A.

25 West Flagler Steet, Suite 80O

Mami, FL 33130, Miami 305.358.2800 Fax 305.358.2382

Fort Lauderdale 954.463.46

www.podhurst.com