Filing # 29788323 E-Filed 07/17/2015 01:35:05 PM

IN THE CIRCUIT COURT OF THE 9th

JUDICIAL CIRCUIT IN AND FOR
ORANGE COUNTY, FLORIDA
AMANDA BRINTNALL and AMY
FELDMAN, as Co-Personal
Representatives of the ESTATE OF
SHANE BRINTNALL, deceased,

CASE NO.:

Plaintiff,
vs.

THE UNIVERSITY OF CENTRAL

FLORIDA BOARD OF TRUSTEES, a
Subdivision of the State of Florida, and
CONTEMPORARY SERVICES
CORPORATION, a Foreign Corporation,
Defendants.
COMPLAINT
Plaintiff, AMANDA BRINTNALL and AMY FELDMAN, as the Co-Personal
Representatives of the Estate of Shane Brintnall, by and through their undersigned attorneys, and
hereby sues the Defendant, THE UNIVERSITY OF CENTRAL FLORIDA BOARD OF
TRUSTEES, a Subdivision of the State of Florida (hereinafter "UCF"), and CONTEMPORARY
SERVICES CORPORATION, a Foreign Corporation, and allege as follows:
BACKGROUND
1.

That AMANDA BRINTNALL and AMY FELDMAN, as Co-Personal

Representatives of the ESTATE OF SHANE BRINTNALL bring this action seeking

compensatory damages for, and as the personal representatives of the Estate of SHANE
BRINTNALL.

Case No.
Brintnall v. Mediation, Inc.

2.

This action arises out of the Defendants' negligent misconduct in connection with

their failure to render timely and reasonable aid and protection and training, including but not
limited to, failure to contact emergency medical services or render reasonable first aid until
professional assistance arrived, to a patron/guest and/or business invitee of UCF and
CONTEMPORARY SERVICES CORPORATION.
3.

That at or around October 26, 2013, SHANE BRINTNALL was attending a UCF

football game on the premises of UCF, specifically Bright House Stadium, when he collapsed
and died sometime thereafter.
4.

UCF and/or CONTEMPORARY SERVICES CORPORATION failed to

implement or suggest a sufficient training program for emergency situations and how, when and
who to contact in a medical emergency.
5.

Furthermore, both Defendants failed to implement or suggest a training program

for emergency use of an AED and/or CPR for any of its agents, apparent agents or employees.
6.

By failing to aid the Plaintiff, and/or contact emergency personnel in a timely

manner, the Defendants, disregarded the applicable standard of care for the provision of
emergency first aid and guest/patron protection in places of public accommodation and
assembly, to their guests/patrons who suffer a sudden cardiac arrest. UCF and
CONTEMPORARY SERVICES CORPORATION breached their duty to render timely and
reasonable aid and protection to its guests, such as Decedent SHANE BRINTNALL. See e.g.
Restatement (Second) Torts, 314A(1).
7.

Had SHANE BRINTNALL received a timely, properly administered AED shock,

or other emergency treatment, by UCF and/or CONTEMPORARY SERVICES

CORPORATION staff, employees or personnel, and/or timely received CPR by the staff of UCF
and/or CONTEMPORARY SERVICES CORPORATION, he would have survived.

Case No.
Brintnall v. Mediation, Inc.

8.

The Plaintiff has satisfied all conditions precedent to the filing of this suit, including

but not limited to notice to Defendant UCF pursuant to Fla. Stat. 768.28.
GENERAL ALLEGATIONS AND
WRONGFUL DEATH ALLEGATIONS
9.

The Plaintiff, AMANDA BRINTNALL and AMY FELDMAN, have been

appointed Co-Personal Representatives of Shane Brintnall's estate. (See Ex. 1, Order appointing
AMANDA BRINTNALL and AMY FELDMAN, as Co-Personal Representatives of the
ESTATE OF SHANE BRINTNALL).
10.

At his death, SHANE BRINTNALL, on October 26, 2013, Decedent SHANE

BRINTNALL was 34 years old, was a resident of Palm Beach County, Florida and left the
following beneficiaries:
a)

The Estate of Shane Brintnall;

b)

AMANDA BRINTNALL, his wife, whose date of birth is October 14,

1985.

c)

ABIGAIL BRINTNALL, his daughter, whose date of birth is December

27, 2013.

11.

Defendant UCF is located in Orlando, Orange County, Florida, and it owns and

operates Bright House Stadium, where this incident occurred, which is located at 4465 Knights
Victory Way, Orlando, Florida.
12.

Defendant CONTEMPORARY SERVICES CORPORATION is a Florida

Corporation, with a principal place of business in Northridge, California, operating and

performing security, safety and emergency response services in Orlando, Florida, specifically,
but not limited to Bright House Stadium.

Case No.
Brintnall v. Mediation, Inc.

13.

That this matter is properly venued in Orange County.

14.

That the jurisdictional amount for this Court is $15,000.00 and the Plaintiff

alleges damages greater than that amount.

FACTUAL BACKGROUND
On October 26, 2013, SHANE BRINTNALL was attending an NCAA football

15.

game at UCF located at a building owned and/or operated by UCF, known as Bright House
Stadium, located at 4465 Knights Victory Way, Orlando, Florida.
CONTEMPORARY SERVICES CORPORATION provided security, safety and

16.

emergency response services for Bright House Stadium.

17.

SHANE BRINTNALL was a former student at the UCF.

18.

A "special relationship" existed between UCF and SHANE BRINTNALL

because he was a former UCF student and a paying customer (i.e. business invitee) at the football
game. Additionally, Florida Statute 768.1326 requires all state buildings to be equipped with
automated external defibrillators ("AED") and have policies in place for training, placement and
use of these AED's, which establishes a duty of this Defendant to the deceased SHANE
BRINTNALL.
19.

SHANE BRINTNALL collapsed at a football game on the subject date and

thereafter suffered cardiac respiratory failure and subsequent cardiac death.

20.

UCF and CONTEMPORARY SERVICES CORPORATION, owed SHANE

BRINTNALL a duty to take appropriate post-injury efforts to avoid or mitigate further

aggravation of his injury.
21.

Although SHANE BRINTNALL suffered cardiac respiratory failure, had he

received timely emergency care, AED shock and/or CPR, a normal heart rhythm could have been
restored and he could have been safely transported to a hospital for further treatment. Without

Case No.
Brintnall v. Mediation, Inc.

timely access to emergency medical care, AED shock or CPR, there was little anyone could do to
restore Mr. Brintnall's notinal heart rhythm. By the time the professional responders (i.e. fire
rescue) arrived at the Defendants premises, and he could be transported to the hospital, too much
time had elapsed and Mr. Brintnall could not be fully resuscitated.
22.

It was reasonably foreseeable that a guest/patron such as SHANE BRINTNALL,

would possibly suffer a sudden cardiac arrest while on the UCF's premises. It was, therefore,
highly foreseeable that Defendants' failure to have a procedure and/or training in place for
personnel to contact professional emergency help, or at least a staff trained in CPR, on duty for
such an emergency, subjected individuals like Mr. Brintnall to an increased risk of death,
because there would be no timely way to restore normal cardiac rhythm.
COUNTIWRONGFUL DEATH AND NEGLIGENCE CLAIMS
FOR NEGLIGENT FAILURE TO NOTIFY OR PROVIDE SUFFICIENT
EMERGENCY CARE AGAINST THE UCF
23.

Paragraphs 1-22 are incorporated by reference as though fully set forth herein.

24.

This claim for wrongful death, is for negligent failure to provide sufficient and/or

timely emergency care to SHANE BRINTNALL, is brought by Plaintiffs.

25.

Pursuant to its special relationship with Shane Brintnall, and also pursuant to the

Restatement of Torts (Second) 314A(1), and Florida Statute 768.1326, the Defendant, UCF,
had a duty to exercise reasonable care for the safety, protection, and first aid of SHANE
BRINTNALL in the event he experienced a medical emergency, as he was in the foreseeable
zone of risk. It is well-known that when someone has a heart attack, every minute counts, and
every minute there is a delay, the risk of harm to the victim increases exponentially.
26.

Plaintiff was a business invitee and Defendant UCF was operating a State

building. Therefore, this Defendant had a duty to Plainitff to immediately contact emergency
medical services and/or have an AED available for immediate use under Fla. Stat. 768.1326.

Case No.
Brintnall v. Mediation, Inc.

27.

Alternatively, or in addition, this Defendant has a duty to provide emergency CPR

to Plaintiff
28.

The Defendant knew, or should have known, that if one of its guests/patrons, such

as SHANE BRINTNALL, suffered a heart attack or cardiac failure on its premises, that without
timely access to non-negligent emergency care, Defendant was affirmatively creating a
dangerous condition, making it reasonably foreseeable that its guests/patrons, such as SHANE
BRINTNALL, would be severely injured or die before receiving professional emergency care.
29.

Defendant failed to provide an AED, emergency CPR and/or failed to timely

contact emergency medical help.

30.

Additionally, Defendant failed to train its personnel how to adequately and

quickly respond to an emergency medical condition like the Deceased's.

31.

Additionally, Defendant failed to have in place rules and procedures for the

deployment of an AED. Defendant also failed to have appropriate training in the use of AED's
(including the role of cardiopulmonary resuscitation), failed to have any guidelines for the extent
to which such devices may be used by laypersons, and/or failed to have any policy in place for
coordination with local emergency medical services systems for the use of AED's
32.

As a direct and proximate result of the above-described failure to provide or

timely notify adequate emergency care for SHANE BRINTNALL, his cardiac failure was not
properly and timely treated, and as a result, he could not be resuscitated, and died. SHANE
BRINTNALL, his estate, and his wife have also suffered pecuniary loss, including, but not
limited to, hospital and medical expenses and funeral/burial expenses, and loss of future
earnings.
33.

As a proximate result of the Defendants' reckless, wrongful and/or negligent

failure to have accessible emergency care and/or timely notify emergency medical personnel

Case No.
l3rintnall v. Mediation, Inc.

and/or properly trained staff present on its premises, the Decedent received substandard
emergency care and died as a result thereof.
34.

As a further result, SHANE BRINTNALL' s beneficiaries, including his wife and

child, were deprived of the services, care and companionship of her husband, for the rest of her
life, and also suffered economic damages including but not limited to lost wages, and funeral and
burial expenses, and loss of net accumulations, and all other damages as allowed by Florida Law.
WHEREFORE, the Plaintiff, AMANDA BRINTNALL and AMY FELDMAN, as CoPersonal Representatives of the Estate of SHANE BRINTNALL, request that the Court enter
judgment in their favor and against the Defendant UCF and demands a trial by jury.
COUNT II WRONGFUL DEATH AND NEGLIGENCE CLAIMS
FOR NEGLIGENT FAILURE TO PROVIDE OR NOTIFY SUFFICIENT
EMERGENCY CARE AGAINST CONTEMPORARY SERVICES CORPORATION
35.

Paragraphs 1-22 are incorporated by reference as though fully set forth herein.

36.

This claim for wrongful death, is for negligent failure to provide use of an AED

and/or sufficient emergency care and/or failure to contact emergency medical care in a timely
manner for SHANE BRINTNALL, is brought by Plaintiff, AMANDA BRINTNALL and AMY
FELDMAN.
37.

Pursuant to its special relationship with SHANE BRINTNALL, and also pursuant

to the Restatement of Torts (Second) 314A(1), and pursuant to its contractual relationship and
responsibilities with UCF, the Defendant, CONTEMPORARY SERVICES CORPORATION,
had a duty to exercise reasonable care for the safety, protection, and first aid of SHANE
BRINTNALL in the event he experienced a medical emergency, as he was in the foreseeable
zone of risk. It is well-known that when someone has a heart attack, every minute counts, and
every minute there is a delay, the risk of harm to the victim increases exponentially.
38.

As a business invitee, this Defendant had a duty to Plainitff to immediately

contact emergency medical services.

Case No.
Brintnall v. Mediation, Inc.

39.

This Defendant was contracted to provide security and emergency response

services for the Brighthouse Stadium, and as such, they had a contractual obligation to perform
their duty in a non-negligent manner.
40.

Alternatively, this Defendant undertook efforts to assist in the care and treatment

of SHANE BRINTNALL to the exclusion of others. By undertaking these efforts to the

exclusion of others, this Defendant placed SHANE BRINTNALL in a worse position than had
this Defendant not assisted at all. This Defendant's failure to exercise reasonable care, increased
the risk of harm to Shane Brintnall.
41.

Alternatively, or in addition, this Defendant has a duty to provide emergency

access to an AED and/or CPR to Plaintiff.

42.

The Defendant knew, or should have known, that if one of its guests/patrons, such

as SHANE BRINTNALL, suffered a heart attack or cardiac failure on its premises, that without
timely access to non-negligent emergency care, Defendant was affirmatively creating a
dangerous condition, making it reasonably foreseeable that its guests/patrons, such as SHANE
BRINTNALL, would be severely injured or die before receiving professional emergency care.
43.

Defendant failed to timely contact emergency medical help.

44.

Additionally, Defendant failed to train its personnel how to adequately and

quickly respond to an emergency medical condition like the Decedents'.

45.

As a direct and proximate result of the above-described failure to provide or

timely notify adequate emergency care for SHANE BRINTNALL, his cardiac failure was not
properly and timely treated, and as a result, he could not be resuscitated, and died. SHANE
BRINTNALL, his estate, and his wife have also suffered pecuniary loss, including, but not
limited to, hospital and medical expenses and funeral/burial expenses, and loss of future
earnings.

Case No.
Brintnall v. Mediation, Inc.

46.

As a proximate result of the Defendants' reckless, wrongful and/or negligent

failure to have accessible emergency care and/or timely notify emergency medical personnel
and/or properly trained staff present on its premises, the Decedent received substandard
emergency care and died as a result thereof.
47.

As a further result, SHANE BRINTNALL's beneficiaries, including his wife,

were deprived of the services, care and companionship of her husband, for the rest of her life,
and also suffered economic damages including but not limited to lost wages, and funeral and
burial expenses, and loss of net accumulations, and all other damages as allowed by Florida Law.
WHEREFORE, the Plaintiff, AMANDA BRINTNALL and AMY FELDMAN, as CoPersonal Representatives of the Estate of SHANE BRINTNALL, requests that the Court enter
judgment in their favor and against the Defendant CONTEMPORARY SERVICES
CORPORATION. and demands a trial by jury.
CERTIFICATE OF SERVICE
IHEREBY CERTIFY that a true and correct copy of the foregoing was personally served
on UCF and CONTEMPORARY SERVICES CORPORATION by service of process.
LAW OFFICES OF CRAIG GOLDENFARB, P.A.
Attorneys for Plaintiff
1800 S. Australian Avenue, Suite 400
West Palm Beach, FL 33409
-4440
p. (561)
f. (561)
1950
By:
SP NCER T. KUVIN
Fla. Bar No.: 0089737
[email protected]
STICIstk
003476

INTHECIRCUTT COURT FORPALMBEACHCOUNTY,

FLORIDA
PROBATE DIVISION
INRE: ESTATE OF
SHANE JENSEN BRINTNALL

File No. 502013CP00S989

Deceased

ORDER APPOINTING PERSONAL REPRESENTATIVE

(intestate)
On the petition of AMANDA BRINTNALL and AMY FELDMAN for administration of
the estate of MANE JENSEN BRINTNALL, deceased, the Court fmding that the decedent died
on October 26, 2013, and that AMANDA BRINTNALL and AMY FELDMAN are entitled to
appointment as Personal Representatives by reason of being the surviving spouse and the mother
of the surviving spouse, respectively, and are qualified to be personal representatives, it is
ADJUDGED that AMANDA BRINTNALL and AMYFELDMAN are appointedPersonal
Representatives of the estate of the decedent, and that upon taking the prescribed oath, filing
designation and acceptance of resident agent, Letters of Administration shall,be issued.
ORDERED on

2014.
SIGNED
Circuit Con-

CIRCUIT

cc.

James P. Covey, Esq.

& DATED

a B 20%
MARY,
JUDGE KRISIA