Jenie Mallari-Torres Aug. 24, 2016, 7:14am


FORT MYERS – A man alleges he was injured on the premises of a North Fort Myers convenience store.

Charles D. Zammerilla filed a complaint on Aug. 18 in the 20th Judicial Circuit Court Lee County, Florida against Circle K Stores Inc. alleging negligence.

According to the complaint, the plaintiff alleges that on Feb. 26, 2015, he exited his vehicle on the premises of the store owned/leased by the defendant in North Fort Myers and slipped on a foreign substance that caused him to fall and sustain bodily injury. As a result, he alleges he suffered from disability, disfigurement, mental anguish, loss of earnings, aggravation of previously existing condition and incurred substantial medical expenses. 

The plaintiff holds Circle K Stores Inc. responsible because the defendant allegedly failed to warn plaintiff of the dangerous condition and failed to inspect and maintain a safe premises.

The plaintiff requests a trial by jury and seeks judgment against the defendant, damages of more than $15,000, costs of action, interest, payment of medical expenses and wage losses. He is represented by Benjamin D. Lusk of Lusk, Drasites & Tolisano PA in Cape Coral.

20th Judicial Circuit Court for Lee County, Florida Case number 16-cv-00642

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20th Judicial Circuit of Florida - Lee County
1700 Monroe Street
Fort Myers, FL 33901

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