IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDI CIAL CIRCUIT,
IN AND FOR PALM BEACH COUNTY,

FLORIDA

 
   
  
 
 
  
   
 
 
 

MARC E. BROCKMAN,

 

Plaintiff,

GL

VS.

DR, CARMEN PULIAFITO and


5

I
.
i 

    
  

 

UNIVERSITY OF MIAMI
d/b/a EYE 
INSTITUTE and d/b/a BASCOM i;
PALMER OF THE PALM BEACHES, 7 no 

r: r*
Defendant's. :73 
2
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ca
32?? ?0

At ail times material hereto the.Defendant, Dr
Carmen Puliafito, was a resident of the State of
Florida.

At all timgs material hereto the Defendant,

University of Miami, was a corporation authorized

and doing business in the State of Florida and,

in particular, in Palm Beach County,'FlOrida.

   
  
  
 
     
  
  
   
   
 

4. All.causes of action set fOrth herein took-plac-
in Palm Beach County, Florida.

5. At all times material hereto the Plain'

Palmer Institute-
6. The University of Miami

Bascom Palmer 
7. At all times mat: =the Defendantt Dr.

Carmen Pulfi. ,yed by the Defendant,

Leach HOSpital.
COUNT Il- ASSAULT AND 
8. The Plaintiff readopts and ralleges paragraphs 1?
7 as if fully set forth herein,
9. .On or about April 2002 the Defendant, Dr.

Carmen Puliafito was present at the Palm Beach

County site of the Palmer Institute.

 
  
   
  
  
  
  
    
    
  
  
  
  
  
  

On that date, he Summoned the Plaintiff and the
Administrative Director, Nicola Duhmel, into th-
Clinic. ?Dr, Puliafito was upset that a pi-
equipment was not working.

10. Dr. Puliafito then became visibly ur
to verbally assault the Plainti
Brockman.

11, Dr. Puliafito became so grabbed
Mr. Brockman by the_r lab coat and

lifted him up cho screaming profanity

at him.

12. - the Plaintiff reported

University of Miami. The

took no significant action in response

'uliafito?s outrageous behavior.

<?g??tually?, due to the inactiVity on the part of

the University, the Plaintiff filed a criminal

complaint to the Palm Beach Gardens Police

Department On or about March 3i?; 2003.

13, On or about April 23n? 2003, the University of
Miami terminated the Plaintiff?s employment

alleging financial constraints as the reaSOn.

 

Dr. PUliafito approved the decision to terminate

   
  
  
    
    
    

the Plaintiff?s employment.
14. .However, at the time of the Plaintiff?s

termination, plans Were under way to

.significantly~enlarge the Bascom Palmer

'in Palm Beach County. The facility
ion.

15. The Plaintiff's terminat' mployment

significantly increased and sta

  
    
   
    
  
  
   
    
 

since the time of the Plaint'
was related, in whol- to his actions
in complaining abr _ito?s unlawful

assault and b-

16. . 'Aons alleged herein, the

ng, disability,_mental anguish,
apacity for the-enjoyment of life, loss
Angs and loss of ability to earn money-
tiff also forfeited and lost significant
QeHEfitS'WhiCh were attendant to his employment
at the University of Miami.' The losses are
either permanent or continuing and the Plaintiff
.will continue to suffer said losses in the

future.

.WHEREFORE, the Plaintiff, Marc E. Brockman,

   
   
  
  
  
   
   
   
    
   
    
  
 
 

demands judgment against the Defendant, Dr. Carmen
Puliafito, for damages, costs and further demands
trial by jury.
COUNT II - NEGLIGENT 

17. Plaintiff readopts and realleges pa}!

as if fully set fOrth herein.
18. The Defendant, Dr. Carmen 

-the University of Miami 
19. Prior to.joining the Miami, Dr.
and chairman of the

Puliafito served

Department 0

time it hired Dr. Puliafito, the
?-ndant, University of Miami, knew or should
have known that Dr. Puliafito?s violent temper
and history of outrageous behavior against
employees and/or others.

21. As a consequence, Dr. Puliafito?s unlanul

actions toward the Plaintiff were foreseeable to

 

.1

the Defendant, University of Miami, at the time

    
  
  
    
  
 
  

it hired Dr. Puliafito.
22. Accordingly, the Defendant, University of Miami

d/b/a Bascom Palmer Institute and 

23.

were attended to his employment at

ersity of Miami. ?The losses are either

WHEREFORE, the Plaintiffr Marc E. Brockman,
gemands judgment against Defendant, University of

?Miami d/b/a Bascom Palmer Institute and d/b/a

 

BasCom Palmer of the Palm BeaChes, for damages,

taxable costs and further demands 'al by jury.

 

 

 

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PALM BEACH CTY CIR CT JISPROD

Receipt NUmber: 
Date: 

Cashier: CMMAY
Payor: DR MARC BROCKMAN
Addr:
Violation/Docket Description Amount

Case: 2006CA002332 - MARC BROCKMAN DR. CARMENT PULIA
Pi MARC BROCKMAN
CAL. CLERK OF COURT PALM BEACH CT 130.00

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