Magic in The Sky

Filing # 169019533 E-Filed 03/17/2023 08:13:11 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,

IN AND FOR ORANGE COUNTY, FLORIDA
SEBASTIANO TIRALONGO, as the Personal Representative of

THE ESTATE OF ELIZABETH TIRALONGO,
Plaintiff,
vs. CASE NO:
MAGIC IN THE SKY FLORIDA, LLC,
MAGIC IN THE SKY, LLC,
JACOB J DELL PRODUCTIONS INCORPORATED,
NATHAN'S PROPERTIES, INC,
FRENCH FURNITURE, LLC,
CONTINENTAL PROPERTY, LLC,
YITCHAK MENAGED, individually and as

agent to Magic In The Sky Florida, LLC,
Magic In The Sky, LLC, Jacob J Dell Productions
Incorporated, Nathan's Properties, Inc, French
Furniture, LLC, and Continental Property, LLC
PRECOCIOUS PYROTECHNICS, INC,
JACOB J DELL, individually and as agent to

Magic In The Sky Florida, LLC, Magic In The
Sky, LLC, Jacob J Dell Productions, and
Precocious Pyrotechnics,
and
SEAWORLD ENTERTAINMENT, INCORPORATED,
Defendants.
COMPLAINT
Plaintiff, Sebastiano Tiralongo, as the Personal Representative of the Estate of Elizabeth
Tiralongo, sues defendants MAGIC IN THE SKY FLORIDA, LLC, MAGIC IN THE SKY,
LLC, JACOB J DELL PRODUCTIONS INCORPORATED, NATHAN'S PROPERTIES, INC,

FRENCH FURNITURE, LLC, CONTINENTAL PROPERTY, LLC, YITCHAK MENAGED,
individually and as agent to Magic In The Sky Florida, LLC, Magic In The Sky, LLC, Jacob J
Dell Productions Incorporated, Nathan's Properties, Inc, French Furniture, LLC, and Continental
Property, LLC, PRECOCIOUS PYROTECHNICS, INC, JACOB J DELL, individually and as

agent to Magic In The Sky Florida, LLC, Magic In The Sky, LLC, Jacob J Dell Productions, and
Precocious Pyrotechnics, and SEAWORLD ENTERTAINMENT, INCORPORATED and
alleges, as follows:
1. This is an action for damages that exceeds fifty thousand dollars ($50,000), exclusive of
interest, costs, and attorneysfees (the estimated value of plaintiff s claims exceed the
minimum jurisdictional threshold required by this Court). Accordingly, plaintiff

has entered $50,001 in the civil cover sheet for the estimated amount of the claim as
required in the preamble to the civil over sheet for jurisdictional purposes only as the
estimated amount of claim is required to be set forth in the civil cover sheet for data
collection and clerical purposes only. The actual value of plaintiff s claim will be
determined by a jury in accordance with the Florida Constitution, Article 1, Section 21.
2. At all times material hereto, the deceased plaintiff, Elizabeth Tiralongo (hereinafter
"Tiralonge), was a resident of Orange County, Florida, employed at 901 Central Florida
Parkway, Orange County, Florida (hereinafter "Property") where she occupied the legal
status of invitee. A formal estate has been filed on behalf of Tiralongo in Broward
County, Florida, and attached hereto as Exhibit I is the Order Appointing Sebastiano
Tiralongo to be the Personal Representative of Tiralongo.

3. The survivors and potential beneficiaries of Joy and their relationship to her are, as
follows:
a. Sebastiano Tiralongo —
father
b. Maria Tiralongo mother -
4. At all times material hereto, the defendant, Magic in the Sky Florida, LLC (hereinafter
"Magic in the Sky Florida"), was a Florida limited liability company, situated in the
State of Florida and conducting substantial, not isolated, business in Orange County,
Florida, where operated a fireworks business and maintained a fireworks storage facility
at the Property.
5. At all times material hereto, the defendant, Magic in the Sky, LLC (hereinafter "Magic in
the Sky"), was a limited liability company, situated in the State of Texas and conducting
substantial, not isolated, business in Orange County, Florida, where operated a fireworks
business and maintained a fireworks storage facility at the Property.
6. At all times material hereto, the defendant, Jacob J Dell Productions Incorporated
(hereinafter "Jacob J Dell Productions"), was a foreign profit corporation, showing

principal address, mailing address, and registered agent in the State of Florida and
officers/directors in the State of Texas. Jacob J Dell Productions conducted substantial,
not isolated, business in Orange County, Florida, where it maintained a business
operation.
7. At all times material hereto, the defendant, Nathan's Properties, Inc (hereinafter
"Property Ownee), was a Florida profit corporation, situated in the State of Florida and
conducting substantial, not isolated, business in Orange County, Florida, where owned
and operated a warehousing facility at the Property that contained the business operations
of Magic in the Sky Florida and Jacob J Dell Productions.
8. At all times material hereto, the defendant, French Furniture, LLC (hereinafter "French
Furniture), was a Florida limited liability company, situated in the State of Florida and
conducting substantial, not isolated, business in Orange County, Florida, where it

maintained a business operation located at the Property.
9. At all times material hereto, the defendant, Continental Property, LLC (hereinafter
"Continental Property), was a Florida limited liability company, situated in the State
of Florida and conducting substantial, not isolated, business in Orange County, Florida,
where it maintained a business operation located at the Property.
10. At all times material hereto, French Furniture, Continental Property, and Property Owner
had a common owner, the defendant, Yitchak Menaged (hereinafter "Menaged") an
individual, and resident of the State of Florida, who acted both individually and as agent
to Magic In The Sky Florida, LLC, Magic In The Sky, LLC, Jacob J Dell Productions
Incorporated, Nathan's Properties, Inc, French Furniture, LLC, and Continental Property,
LLC.
11. At all times material hereto, the defendant, Precocious Pyrotechnics, Inc (hereinafter
"Precocious Pyrotechnics"), was a foreign profit corporation, showing principal address
in the State of Minnesota. Precocious Pyrotechnics conducted substantial, not isolated,
business in Orange County, Florida, where it delivered fireworks to the business
operations of Jacob J Dell Productions and Magic in the Sky Florida.

12. At all times material hereto Magic in the Sky Florida, Magic in the Sky, Jacob J. Dell
Productions, and Precocious Pyrotechnics had a common owner and/or operator, the
defendant Jacob J Dell (hereinafter "Dell') an individual, and resident of the State of
Texas, who acted both individually and as agent to Magic in the Sky Florida, Magic in
the Sky, Jacob J. Dell Productions, and Precocious Pyrotechnics.
13. At all times material hereto, Seaworld Entertainment, Incorporated (hereinafter
"Seaworkr) was a foreign profit corporation, located in the State of Deleware, and
conducting substantial, not isolated, business in Orange County, Florida.
14. Upon information and belief, Magic in the Sky Florida, Magic in the Sky, Jacob J. Dell
Productions, and Precocious Pyrotechnics delivered fireworks to Seaworld, engaging in a
joint venture of producing pyrotechnic displays for the mutual benefit of those
individuals and entities. Accordingly, Magic in the Sky Florida, Magic in the Sky, Jacob
J. Dell Productions, Precocious Pyrotechnics, and Seaworld shared (1) a community of
interest in the performance of a common purpose, (2) joint control or right of control, (3)
a joint proprietary interest in the subject matter, (4) a right to share in the profits, and (5)
a duty to share in any losses which may be sustained.
15. At all times material hereto, the defendants conducted substantial, and not isolated,
business in Orange County, Florida.
16. Venue is proper in Orange County, Florida, as the subject incident occurred in Orange
County, Florida.
17. There is no Federal question and there is incomplete diversity of citizenship due to the
inclusion of Florida resident defendants. The plaintiff expressly disclaims every claim
arising under the Constitution, treaties, or laws of the United States (including any claim
arising from an act or omission on a federal enclave, or of any officer of the U.S. or any
agency or person acting under him occurring under color of such office). No claim of
admiralty or maritime law is raised.

18. At all times material hereto, the defendants were acting individually and by and through
their employees, actual agents or apparent agents, or representatives and were responsible
for the operation, management, care, and maintenance of their individual businesses. The
defendants were further responsible for the health, safety, and well-being of their
employees and invitees.

19. At all times material hereto, the defendants Magic in the Sky Florida, Magic in the Sky,
Jacob J Dell Productions, Nathan's Properties, Menaged, Precocious Pyrotechnics, and
Dell were responsible for the health, safety, and well-being of Tiralongo and were
obliged to act reasonably with respect to her.
20. At all times material hereto, the defendants were responsible for the condition of the
Property and were obliged to maintain a reasonably safe premises for the use and
enjoyment of invitees, including Tiralongo.
21. At all times material hereto, Magic in the Sky Florida, Magic in the Sky, Jacob J Dell
Productions and Dell were obliged to act reasonably and were not to engage in conduct
that was objectively certain to result in the injury or death of Tiralongo.

Productions and Dell were obliged to keep the workplace safe for all employees and were
required to meet all Occupational Safety and Health Administration (hereinafter
"OSHA") standards.
23. At all times material hereto Magic in the Sky Florida, Magic in the Sky, Jacob J Dell
Productions and Dell were prohibited from failing to meet OSHA standards or purposely
disregarding OSHA standards and placing their employees in danger.
24. At all times material hereto, and prior her death as a result of the subject incident,
Tiralongo was an employee of Magic in the Sky Florida, Magic in the Sky, Jacob J Dell
Productions and Dell.
Productions, Precocious Pyrotechnics and Dell maintained a business operation at the

Property, where they delivered, received, stored, altered, repaired, transported, and
maintained fireworks with the knowledge and assistance of all defendants.
26. At all times material hereto, the Property was not permitted or approved for business
operations related to the delivery, receipt, storage, alteration, repair, transportation, and
maintenance of fireworks.
27. At all times material hereto, the Property had not been inspected, licensed, or approved
for business operations related to the delivery, receipt, storage, alteration, repair,
transportation, and maintenance of fireworks.

Productions, Precocious Pyrotechnics and Dell operated an illegal business at the

Property in violation of Federal law, Florida law, local codes and ordinances, and
regulations related to the proper and safe delivery, receipt, storage, alteration, repair,
transportation, and maintenance of fireworks.
29. At all times material hereto, the Property was not equipped with proper safety devices for
the safe delivery, receipt, storage, alteration, repair, transportation, and maintenance of
fireworks.
30. At all times material hereto, the defendants did not have any policies or procedures
related to safe delivery, receipt, storage, alteration, repair, transportation, maintenance
and shooting of fireworks.

31. At all times material hereto, Tiralongo did not receive proper instruction, training,
supervision, guidance, or warning related to the dangers and risks of working with
fireworks and, as a result, Tiralongo was unable to know all of the many ways that
fireworks can be dangerous and/or deadly. Trialongo failed to appreciate the full risk of
working with fireworks and could not know all of the latent dangers associated with the
performance of her duties.
32. At all times material hereto, Tiralongo was an invitee on the Property.
33. On or about December 1, 2022, a fire and explosion occurred at the Property as a result
of the defendantsconcurrent negligence and intentional acts, resulting in the death of
Tiralongo.
34. The fire and explosion were the direct and proximate cause of the injury to and the death
of Tiralongo.
35. As a result of the defendants' actions and failures to act with reasonable care, Tiralongo
was wrongfully deprived of life and endured pain and suffering, mental anguish, loss of
the capacity for the enjoyment of life, and the expense of hospitalization, medical and
nursing care and treatment. Tiralongo incurred medical and funeral expenses, lost the
ability to earn money, and lost the prospective net accumulations during natural life. The
losses are permanent.
36. The decedent's estate lost and will continue to lose future support and services,
companionship, protection, instruction, guidance, mental pain and suffering, loss of

earnings, loss of prospective net accumulations and incurred medical and funeral
expenses due to Tiralongo's death.
COUNT I —
NEGLIGENCE —
MAGIC IN THE SKY FLORIDA
37. Plaintiffs re-allege and reincorporate by reference paragraphs 1 through 36.

38. The defendant had a non-delegable duty to maintain both the Property and the operation
of its business in a
reasonably safe condition and to provide for the safety and security
of invitees, including Tiralongo, while on the Property.
39. The defendant knew or should have known in the exercise of reasonable care that
dangerous conditions existed on the Property in the form of fire and safety hazards.
40. The defendant failed to adhere to the appropriate standard for hiring, training, and
supervising managers, employees, actual agents or apparent agents, or representatives,
including but not limited to Tiralongo.

41. The defendant failed to inspect and maintain the Property so that it was
kept in a
reasonably safe condition for invitees, including Tiralongo.

42. The defendant failed to take actions to reduce, minimize, or eliminate foreseeable risks
before they could manifest themselves as particularly dangerous conditions on the
Property.
43. The defendant failed to adhere to the appropriate standard of care and failed to act
reasonably in the ownership, operation, management, care, and maintenance of the

Property and further failed to act reasonably with respect to ensuring the safety and
well-being of invitees, including Tiralongo, while on the Property.
44. The defendant failed to inspect, maintain, and/or repair the Property.
45. The defendant failed to ensure that the Property was fit for its intended purpose and the
operations of the defendant's business.

46. The defendant's business operations at the Property were unlicensed, unapproved,
unpermitted, and the defendant did not obtain proper licenses, approval, permitting for
same.
47. The defendant failed to provide, install, repair, maintain, and replace the proper type of
safety equipment within the Property and fuither failed to install safety devices in the
proper number and location for that Property.
48. The defendant failed to outlaw unsafe practices in the workplace, including but not
limited to the use of electronic equipment, cellular phones, computers, communications

devices, photography, smoking, vaping, ignition sources, and improper clothing and
footwear that creates static electricity.
50. The defendant failed to provide, install, inspect, repair, or maintain adequate fire safety
products and equipment, including but not limited to smoke alarms/detectors, fire
extinguishers, and a safe entrance and egress from the Property.
51. At all times material hereto, the defendant failed to act reasonably and engaged in
conduct that was objectively certain to result in the injury or death of Tiralongo.
52. At all times material hereto, the defendant failed to keep the workplace safe for all
employees and failed to meet all Occupational Safety and Health Administration
(hereinafter "OSHN') standards.

53. At all times material hereto, the defendant failed to meet OSHA standards and purposely
disregarded OSHA standards and placing their employees in danger.
54. As a result of the defendant's negligent actions, Tiralongo received no warning of the
subject fire from a properly installed smoke alarm and/or fire alarm system and/or fire
safety device and had no access to a properly mounted and/or maintained fire extinguisher.
55. The defendant is also responsible for the negligent acts of its employees, actual agents or
apparent agents, or representatives who were acting in the course and scope of the
employment and in furtherance of the defendant's interests.
WHEREFORE, the plaintiff demands judgment for damages, costs, and prejudgment interest
against Magic in the Sky Florida, and demands trial by jury of all issues so triable and such other
relief the Court deems proper.
COUNT II —
NEGLIGENCE PER SE / STRICT LIABILITY —
MAGIC IN THE SKY
FT ,OR In A
56. Plaintiff re-alleges and incorporates

by reference paragraphs 1-36 and 38-55.
57. The defendant failed to comply with Federal regulations, Florida codes and statutes, local
codes and ordinances, the Florida Fire Prevention Code, the Florida Building Code, the
National Fire Protection Administration, OSHA standards all of which establish a duty of
reasonable care for the benefit of individuals, including Tiralongo.
58. The purpose of the aforementioned laws, codes, regulations, and standards is to protect
individuals such as Tiralongo from injury. Tiralongo is a member of the class of persons
protected by the local and state laws, codes, acts and standards designed to regulate the
possession and use of pyrotechnics, including fireworks, for the purposes of ensuring safety
and preserving life.
against Magic in the Sky, and demands trial by jury of all issues so triable and such other relief
Court deems proper.
COUNT III —
NEGLIGENCE —
MAGIC IN THE SKY
59. Plaintiffs re-allege and reincorporate by reference paragraphs 1

through 36.
of its business in a reasonably safe condition and to provide for the safety and security

63. The defendant failed to inspect and maintain the Property so that it was kept in a

before they could manifest themselves as particularly dangerous conditions on the
Property.


same.
safety equipment within the Property and further failed to install safety devices in the

(hereinafter "OSHA") standards.

against Magic in the Sky, and demands trial by jury of all issues so triable and such other relief the
Court deems proper.
COUNT IV —
MAGIC IN THE SKY
78. Plaintiff re-alleges and incorporates by reference paragraphs 1-36 and 60-77.
79. The defendant failed to comply with Federal regulations, Florida codes and statutes, local
codes and ordinances, the Florida Fire Prevention Code, the Florida Building Code, the
National Fire Protection Administration, OSHA standards all of which establish a duty of
reasonable care for the benefit of individuals, including Tiralongo.
80. The purpose of the aforementioned laws, codes, regulations, and standards is to protect
individuals such as Tiralongo from injury. Tiralongo is a member of the class of persons
protected by the local and state laws, codes, acts and standards designed to regulate the
possession and use of pyrotechnics, including fireworks, for the purposes of ensuring safety
and preserving life.
Court deems proper.
COUNT V —
NEGLIGENCE —
JACOB J DELL PRODUCTIONS

through 36.
of its business in a reasonably safe condition and to provide for the safety and security

85. The defendant failed to inspect and maintain the Property so that it was kept in a

before they could manifest themselves as
particularly dangerous conditions on the
Property.


same.
safety equipment within the Property and further failed to install safety devices in the

(hereinafter "OSHA") standards.

against Jacob J Dell Productions, and demands trial by jury of all issues so triable and such other
COUNT VI —
JACOB J DELL
PRODUCTIONS
101. The defendant failed to comply with Federal regulations, Florida codes and
statutes, local codes and ordinances, the Florida Fire Prevention Code, the Florida
Building Code, the National Fire Protection Administration, OSHA standards all of which
establish a
duty of reasonable care for the benefit of individuals, including Tiralongo.
102. The purpose of the aforementioned laws, codes, regulations, and standards is to
protect individuals such as Tiralongo from injury. Tiralongo is a member of the class of
persons protected by the local and state laws, codes, acts and standards designed to regulate
the possession and use of pyrotechnics, including fireworks, for the purposes of ensuring
safety and preserving life.
Court deems proper.
COUNT VII —
NEGLIGENCE —
NATHAN'S PROPERTIES

through 36.
104. The defendant had a non-delegable duty to maintain both the Property and the
operation of its business in a reasonably safe condition and to provide for the safety and
security of invitees, including Tiralongo, while on the Property.
105. The defendant knew or should have known in the exercise of reasonable care
that dangerous conditions existed on the Property in the form of fire and safety hazards.
106. The defendant failed to adhere to the appropriate standard for hiring, training,
and supervising managers, employees, actual agents or apparent agents, or
representatives.
107. The defendant failed to inspect and maintain the Property so that it was kept in
a reasonably safe condition for invitees, including Tiralongo.
108. The defendant failed to take actions to reduce, minimize, or eliminate
foreseeable risks before they could manifest themselves as particularly dangerous
conditions on the Property.
109. The defendant failed to adhere to the appropriate standard of care and failed to
act reasonably in the ownership, operation, management, care, and maintenance of the
the business operations of its tenants failed to comply with applicable laws, ordinances,
codes, regulations, and standards.

112. The defendant permitted, endorsed, and profited from unlicensed, unapproved,
unpermitted business operations of tenants at the Property and did not ensure that the
tenants obtained proper licenses, approval, permitting for same.
113. The defendant failed to provide, install, repair, maintain, and replace the proper
type of safety equipment within the Property and further failed to install safety devices
in the proper number and location for that Property.
114. The defendant failed to outlaw unsafe practices in the workplace.
115. At all times material hereto, the defendants did not have any policies or
procedures related to maintaining the property in a reasonably safe condition for the
use and enjoyment of invitees, including Tiralongo.
116. The defendant failed to provide, install, inspect, repair, or maintain adequate fire
safety products and equipment, including but not limited to smoke alarms/detectors, fire

117. As a result of the defendant's negligent actions, Tiralongo received no warning of
the subject fire from a properly installed smoke alarm and/or fire alarm system and/or fire
118. The defendant is also responsible for the negligent acts of its employees, actual
agents or apparent agents, or representatives who were acting in the course and scope of
the employment and in furtherance of the defendant's interests.
against Nathan's Properties, and demands trial by jury of all issues so triable and such other relief
the Court deems proper.
COUNT VIII —
NATHANSPROPERTIES
establish a duty of reasonable care for the benefit of individuals, including Tiralongo.
against Nathan's Properties, and demands trial by jury of all issues so triable and such other
the Court deems proper
COUNT IX —
NEGLIGENCE —
FRENCH FURNITURE

through 36.
representatives.

the business operations of other tenants failed to comply with applicable laws,
ordinances, codes, regulations, and standards.


against French Furniture, and demands trial by jury of all issues so triable and such other relief the
Court deems proper.
COUNT X —
FRENCH FURNITURE
WHEREFORE, the plaintiff demands judgment for damages, costs, and prejudgment i
against French Furniture, and demands trial by jury of all issues so triable and such other relief
Court deems proper.
COUNT XI —
NEGLIGENCE —
CONTINENTAL PROPERTY

through 36.
142. The defendant had a
non-delegable duty to maintain both the Property and the
representatives.



against Continental Property, and demands trial by jury of all issues so triable and such other relief
COUNT XII —
CONTINENTAL PROPERTY

against Continental Property, and demands trial by jury of all issues so triable and such other relief'
COUNT XIII —
NEGLIGENCE —
MENAGED

through 36.
representatives.


procedures related to maintaining the property in a

reasonably safe condition for the
safety device and had no access
properly mounted and/or maintained fire extinguisher.
to a
against Menaged, and demands trial by jury of all issues so triable and such other relief the Court
deems proper.
COUNT XIV —
MENAGED
against Menaged, and demands trial by jury of all issues so triable and such other relief the Court
deems proper.
COUNT XV —
NEGLIGENCE —
PRECOCIOUS PYROTECHNICS

through 36.
representatives.

act reasonably in the operation of its business, sending illegal and dangerous products
to be stored and maintained in an unpermitted and unsafe location. The defendant

further failed to act reasonably with respect to ensuring the safety and well-being of
invitees, including Tiralongo, while on the Property.

191. At all times material hereto, the defendant did not have any policies or

safety device and had no access properly mounted and/or maintained fire extinguisher.
to a
against Precocious Pyrotechnics, and demands trial by jury of all issues so triable and such other
COUNT XVI —
PRECOCIOUS
PYROTECHNICS
against Precocious Pyrotechnics, and demands trial by jury of all issues so triable and such other
COUNT XVII —
NEGLIGENCE —
DELL

through 36.
representatives.
the his business operations failed to comply with applicable laws, ordinances, codes,
regulations, and standards.

unpermitted business operations at the Property and did not ensure that he / his businesses
obtained proper licenses, approval, permitting for same.

the subject fire from a
properly installed smoke alarm and/or fire alarm system and/or fire
against Dell, and demands trial by jury of all issues so triable and such other relief the Court deems
ix-.
COUNT XVIII —
DELL
against Dell, and demands trial by jury of all issues so triable and such other relief the Court
i.-.
COUNT XIX —
NEGLIGENCE —
SEAWORLD
217. Plaintiffs re-allege and reincorporate by reference paragraphs 1 through 36.

218. The defendant had a non-delegable duty to ensure the maintainance both the
Property and business operations for its partners in a joint venture to provide reasonably
safe conditions as well as the safety and security of invitees, including Tiralongo, while
on the Property.

representatives and further failed to ensure that its partners in a joint venture were
adhering to the appropriate standard for hiring, training, and supervising managers,
employees, actual agents or apparent agents, or representatives.
act reasonably in ensuring the ownership, operation, management, care, and

maintenance of the Property by its partners in a joint venture and further failed to act
reasonably with respect to ensuring the safety and well-being of invitees, including
Tiralongo, while on the Property.
the business operations of its partners in a joint venture failed to comply with applicable
laws, ordinances, codes, regulations, and standards.
unpermitted business operations of its partners in a joint venture and did not ensure that
its partners obtained proper licenses, approval, permitting for same.
227. The defendant failed to provide and ensure proper, installation, repair,
maintenance, and replacement of the proper type of safety equipment within the
Property and further failed to install / ensure the installation of safety devices in the
proper number and location for that Property by its partners in a joint venture.
procedures and failed to ensure that its partners in a joint venture had policies and/or
procedures related to maintaining the Property in a reasonably safe condition for the

agents or apparent agents, or representatives and partners in a joint venture, all of whom
were acting in the course and scope of the employment and/or in furtherance of the
defendant's interests.
against Seaworld, and demands trial by jury of all issues so triable and such other relief the Court
deems proper.
COUNT XX —
SEAWORLD

against Seaworld, and demands trial by jury of all issues so triable and such other relief the Court
deems proper.
/s/ J. Ryan Will /
J.Ryan Will
Florida Bar Number: 0024122
Morgan & Morgan, P.A.
444 Seabreeze Boulevard, Suite 100
Daytona Beach, Florida 32118
Telephone: (386) 281-6790
Facsimile: (386) 265-6551
Email: rwill@forthepeople.com
Attorney for Plaintiffs

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Filing # 169019533 E-Filed 03/17/2023 08:13:11 PM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,

SEBASTIANO TIRALONGO, as the Personal Representative of

vs. CASE NO:

MAGIC IN THE SKY FLORIDA, LLC,

MAGIC IN THE SKY, LLC,

JACOB J DELL PRODUCTIONS INCORPORATED,

NATHAN'S PROPERTIES, INC,

FRENCH FURNITURE, LLC,

CONTINENTAL PROPERTY, LLC,

YITCHAK MENAGED, individually and as

PRECOCIOUS PYROTECHNICS, INC,

JACOB J DELL, individually and as agent to

SEAWORLD ENTERTAINMENT, INCORPORATED,

Plaintiff, Sebastiano Tiralongo, as the Personal Representative of the Estate of Elizabeth

LLC, JACOB J DELL PRODUCTIONS INCORPORATED, NATHAN'S PROPERTIES, INC,

Property, LLC, PRECOCIOUS PYROTECHNICS, INC, JACOB J DELL, individually and as

minimum jurisdictional threshold required by this Court). Accordingly, plaintiff

Tiralongo to be the Personal Representative of Tiralongo.

(hereinafter "Jacob J Dell Productions"), was a foreign profit corporation, showing

conducting substantial, not isolated, business in Orange County, Florida, where it

operations of Jacob J Dell Productions and Magic in the Sky Florida.

Productions, and Precocious Pyrotechnics delivered fireworks to Seaworld, engaging in a

admiralty or maritime law is raised.

employees and invitees.

that was objectively certain to result in the injury or death of Tiralongo.

Productions, Precocious Pyrotechnics and Dell maintained a business operation at the

transportation, and maintenance of fireworks.

Productions, Precocious Pyrotechnics and Dell operated an illegal business at the

and shooting of fireworks.

companionship, protection, instruction, guidance, mental pain and suffering, loss of

expenses due to Tiralongo's death.

37. Plaintiffs re-allege and reincorporate by reference paragraphs 1 through 36.

supervising managers, employees, actual agents or apparent agents, or representatives,

including but not limited to Tiralongo.

reasonably safe condition for invitees, including Tiralongo.

before they could manifest themselves as particularly dangerous conditions on the

reasonably in the ownership, operation, management, care, and maintenance of the

operations of the defendant's business.

limited to the use of electronic equipment, cellular phones, computers, communications

and shooting of fireworks.

(hereinafter "OSHN') standards.

disregarded OSHA standards and placing their employees in danger.

employment and in furtherance of the defendant's interests.

56. Plaintiff re-alleges and incorporates

59. Plaintiffs re-allege and reincorporate by reference paragraphs 1

including but not limited to Tiralongo.

reasonably safe condition for invitees, including Tiralongo.

reasonably in the ownership, operation, management, care, and maintenance of the

operations of the defendant's business.

related to safe delivery, receipt, storage, alteration, repair, transportation, maintenance

(hereinafter "OSHA") standards.

disregarded OSHA standards and placing their employees in danger.

employment and in furtherance of the defendant's interests.

81. Plaintiffs re-allege and reincorporate by reference paragraphs 1

including but not limited to Tiralongo.

reasonably safe condition for invitees, including Tiralongo.

reasonably in the ownership, operation, management, care, and maintenance of the