Case Number: CACE-15-010339 Division: 12 Filing 28619342 E-Filed 06/17/2015 04:28: 13 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA GENERAL CIVIL DIVISION CASE NO. SUPERIOR MOVING STORAGE INC., a Florida corporation, Plaintiff, . MARIANA FURMANSKI and MARC FURMANSKI, Defendants. I COMPLAINT Plaintiff, SUPERIOR MOVING STOMGE, INC., by and through its undersigned counsel, sues Defendants, MARIANA FURMANSKI and MARC FURMANSKI, and states: NATURE OF THE ACTION 1 . This is an action for damages fordefamation. THE PARTIES 2. Plaintiff, SUPERIOR MOVING STORAGE, INC. ("Superior"), is a Florida corporation organized and existing under the laws of the State of Florida, with its principal place of business inPompano Beach, Broward County, Florida. 3. Defendant, MARIANA FURMANSKI is an individual residing in Miami-Dade, Florida. 4. Defendant, MARC FURMANSKI is an individual residing in Miami- Dade, Florida. FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 6/17/2015 4:28:12 JURISDICTION AND VENUE 5. This Court has personal jurisdiction over the Defendants, Mariana and Marc, inasmuch as they committed tortious acts in the State of Florida. 6. Venue is proper in Broward County, Florida pursuant to the South Florida Contract for Services/Bill of Lading, attached hereto as Exhibit GENERAL ALLEGATIONS 7. Superior is a licensed and insured moving company that provides local and long distance moving services for both residential and commercial businesses. It also offers storage services in a fully air conditioned and secure storage facility. 8. On or about June 13, 2013, at Mariana?s request, Superior visited Mariana's apartment in Aventura, Florida to prepare a free inwhorne estimate for a move of Mariana?s and her son, Marc?s furniture (the "Furniture?). 9. Mariana advised that the Furniture would need to be stored in Superior?s storage facility for a few months. Thereafter, Mariana's Furniture would be delivered to her new home in Aventura. Marc's furniture wouldbe deliveredto his new home inNorth Miami. 10. Based on Superior's review of the Furniture in Mariana's apartment, as well as discussions that took place during Superior?s review as to which Furniture belonged to Marc and which Furniture belonged to Mariana, Superior prepared a Guaranteed/Binding Estimate and Inventory (the "Inventory"). 1 I . The Inventory identified which items belonged to Marc and which items belonged to Mariana, and further indicated which items were going to go to which location. Mariana signed off or] the Inventory indicating her approval of same. 12. The move took place over two separate days. The items to be placed in Marc?s storage vault were marked with one color sticker, andthe items to be placed in Mariana's storage vault were marked with a different color sticker. After the stickers were placed, however, Mariana changed her mind as to which items were going to go to which vault, causing great confusion. The changes were done at Mariana?s direction and insistence with the result that some items marked for Mariana were placed in Marc's vaults and vice versa. 1 3. On September 24, 201 3, Marc's Furniture was removed from Superior's storage facility and delivered to his new home. Mariana's Furniture was going to be moved at a later date so only Marc's Furniture was delivered at that time. 14. Immediately upon delivering the items to Marc's new horne, Mariana and Marc complained that thirty-one items were missing. 15. in fact, however, at the time of delivery, Superior was prevented from opening all the boxes, including two large wardrobes, to verify all items that were actually delivered to Marc?s new home. 16. Mariana sent a defamatory complaint to the Better Business Bureau claiming that certain Furniture that had actually been delivered was missing and further complaining that certain other Furniture was missing altogether, even though she did not give Superior an opportunity to open all the boxes that were delivered to verify what items were actually delivered, and even though many items still remained in Superior's storage facility. 17. Due to Mariana?s complaint, Superior, at its own expense, opened each and every one of the vaults in its storage facility, which held Mariana?s Furniture which had yet to be delivered, and showed Mariana the items that were still there. Many of the items that she claimed, and continues to claim are missing, were actually still in Superior's storage facility, undelivered, because Mariana had notyet requested delivery. 18. Despite proving to both Mariana and Marc that the items were not missing, Mariana continued to make her false and defamatory statements to the Better Business Bureau. In addition, Marc placed a false and defamatory review on Yelpcorn clairning the items were still missing and further claiming that Superior had no customer service in place to assist them. 19. Further, after Yelpcom removed the false and defamatory post of Marc, Marc again posted another false and defamatory post stating the Superior was ?a scam." True and correct copies of the Better Business Bureau Complaint, Superior?s response, and the Yelpcom reviews are attached hereto as Composite Exhibit 20. All conditions precedent to the bringing of this action have occurred, been satis?ed, orwaived. 2 l. Superior has been required to retain the undersigned counsel to represent it in this action and is obligated to pay said counsel a reasonable fee for services rendered. COUNT I - DEFAMATION 22. Plaintiff, Superior, sues Defendants, Mariana and Marc, for defamation, repeats and realleges the allegations in paragraphs 2 through 21 above, and further alleges: 23. This is an action for damages in excess 24. Defendants published false statements about Superior both with the Better Business Bureau and on Yelp.com. 25. The statements were false in that certain items that they claimed were missing, in fact were not missing. 26. Defendants further defamed Superior by stating that Simekrwas'amn?at?they had no customer service when, in fact, Superior went out of its way to unload several storage vaults at its facility to prove to them that items they claimed were missing were, in fact, still in storage. All of this was done at its own expense. 26. As a direct and proximate result of the foregoing false statements, Superior has been damaged. 27. The Defendants? actions were willful, wanton, and malicious and evinced a total and complete disregard for Plaintiffs rights. WHEREFORE, Plaintiff, Superior, respectfully demands judgment in its favor against Defendants, Mariana and Marc, for compensatory damages, special damages including lost pro?t and revenue, prejudgnient and post-judgment interest, attorney?s fees pursuant to the Contract attached hereto as Exhibit and such additional relief as this Court deems just and proper. Plaintiff further respectfully requests this Court to reserve jurisdiction to enter an award of punitive damages in accordance with the dictates of ?768.72, Fla. Stat. DATED this day of une 2015. MICHAEL B. MANES, P.A. Attorney for Plaintiff 950 S. Pine Island Rd., A-150 Plantation, FL 33324 Telephone: [954] 523--1844 Email: michael@maneslegal.com By: Michael B. Manes Florida Bar 372684 one of southeast Florida or the Caribbean COMPLAINT Acnvm REPORT Case 90225307 consumer In! susinoss into: Superior Moving a storage. inc. 2o55 alount Road Pompano Beach, FL 33069~5110 954 975-9999 consumer's Original complaint i contracted this company for moving and storage, at the Ume ordeilvery, 31 items from me inventory are missing. The mmpony Is washing their hand Contracted this mmpany for 2 difierent moves and 2 different storaoes. Out or the olues on seotemoer 5 Iauren from superior called me Lo warn me about 2 or my paintings being delivered to someone else. Two days later she confirmed having the paintings oaot In superiors storage. 0n sep 24 scheduled delivery oi lot my 2 shipments. And to my big surprise and painful realization, 31 Items are missing, including the two paintings. As Instructed by their employees who were at the time of the invenioryi proceeded to the warehouse to try to locate the missing items-were I was threatened and treated poorly. instead or trying to ilnd items they're trying to find excuses. i still have my other move there and i'm filled with anguish and horror. i feel hsplessianfl would I my and find my Items which includes valuable paintings amongst other Important, valuable both monetary and emotional Items. Yestemayl refised to leave their premises unless they would look for my Items, I was promised and reassured by shayna that they would bring a crew to look tor the missing items and that she would call me ny noon today. she did not do. Furthermore they are not want the to put me In contact with the lady where they deliver my two paintings. Because when iauren called me on sep 5, she had told me that the lady was trying to contact me. i asked superior to give the lady my number, whim didn't happen. But after asked where they were, they told me that the lady had unexpectedly left tor a trip and would call them upon her return if It was an honest mistake, and they mlxod up dllterent moves, they should try to solve the problem. instead or customers. 1 want all my stulr back. At first glance, not knowing what exactly is missing Inside the missing hoxes, just from the missing paintings and furniture i could soon be an estimate or my current loss. ldon't even want to think about my other move In their possession and processing 09/25/2013 web and Case Received by os/26/zmz no no Case Reviewed oy EBB - Member 09/26/2013 Otto EMAIL send Acknowledgement to Consumer Member 09/26/2013 otto muL Notiry Business or Dispute Member alum/2013 WEE Ilia RECEIVE BusihEss RESPONSE MS. Futmanskl Is making raise accusations without merit. Superior Moving storage completed an in>>home estimate tor Ms. Furmanskl and items were seperated dunno the estimate. some items listed as her move and some Ilsted as her sons move. There was a small amount of items listed for her sons move. Which only contained 10 Pictures] Paintings. When the crew arrived to do the move, Ms. Furmanski dianged her mind and moved alot of items and switched the inventories, there was alot of coniuslon and we did as instructed. so some of the items onginaily on our estimate went to her storage vs. her sons. At Superior Moving's expense we opened each and every vault that was still In storage and not scheduled to be moved out as of todays date. Some or the alleged missing Items were shown to Ms. Funnanskl who still claims she is musing Items. We seoerated the 2 shipments by color coded stickers and some or the stickers from her sons shipment are in Ms. Eurmanski's stored shipment which was done with Ms. Furmanskl's direction. Ms. boxes containing pictures and paintings. she has been a way dlIiicult customer from the start or the move. superior Moving has . advising us to open all of the vaults Ior her to go through. 10/02/2m3 TAB EMAIL Forward Business response to consumer w/ln/zoaa REVIEWS CONSUMER REdu'rrAl. To BUSINESS RESPONSE (The consumerindlcated he/she As far as I'm concerned. if they do not rectify the situation in a orotesslonal manner and retrieve my lost lielre, they should not he accredited by the Bali. ol the move. involved two separate moves. one was scheduled to as picked up on )fllie 26th and the other one was scheduled to be pldted up on June 27th. Both moves Involved storing the items until our new names were ready and then to move those items in the 2 new homes at a later speclfled date. it ey came for rhe estimate, it was lost that, an estimate. 't'ha a They only looked at my apartment, which was not yet packed up and gave me On the day of the move, nine 26 hr Move in and nine 27 or Move invenmry as they loaned me truck. Each time, they placed a Stldier On the or corresponded with the inventory that they compiled. THE COMPANY MADE THE each move ON SEPARATE DAYS For Move Ill, they listeri 8-: items, All was ilne, or so i thought. Composite Exhibit A yelm? Superior Moving 8: Storage 23%: Mamrs. $al?$tmaga EGSS 85913:}: Ra: Pcmgam 86am, Pi. 33859 Sawing pampam} 8661;}: am: awa {58 23 we?? 3 26 asagmimmov?nmria a. WHWM W. 222:!) masts $50913 $128 Daai at Sugarinr y?cwing Storage WW WV 538: a washewadaamama ferstzi} a2 8bmg?. Mm {335 90::ng 01123:. autumn: 3.15.15 Eu: i yum Ermatiam at ?fiisf shat {291mg yaw vaamim: a mdammhie 3m; mama ma; 5m}, mammal ww?ad WM 2322:0158: vaacmgs. ami?mm. a: aims. Mm: saw an .3 35gb 98$. i vmmhergs} cw be gmximw am: pm yaw?. 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