16-2024-CA-003692-AXXX-MA Div: CV-F

Filing # 201803298 E-Filed 07/02/2024 03:17:27 PM

IN THE CIRCUIT COURT, FOURTH

JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA

CASE NO.:
DIVISION:
STEVEN BROWN as Personal Representative
of the Estate of KAYLEEN BROWN, Deceased,

Plaintiff,
vs.

DUVAL COUNTY SCHOOL BOARD,

Defendant.
_______________________________________/

COMPLAINT
Plaintiff, STEVEN BROWN, As Personal Representative of the Estate of KAYLEEN

BROWN, Deceased, through the undersigned attorney, hereby sues Defendant, DUVAL COUNTY

PUBLIC SCHOOLS, and alleges:

1. This is an action for damages in excess of $50,000.00, exclusive of interest, costs, and

attorney’s fees.

2. This is an action brought pursuant to the provisions of the Florida Wrongful Death Act,

§768.16 et seq., Florida Statutes, for the wrongful death of KAYLEEN BROWN.

3. Venue is appropriate in Duval County, Florida since the acts and omissions complained of

herein occurred in Duval County, Florida.

4. At all times material, DUVAL COUNTY PUBLIC SCHOOLS (hereafter “DCPS”) was a

governmental entity operating in Jacksonville, Duval County, Florida.

5. All conditions precedent to bringing this claim have been satisfied or waived including the

notice required by Florida Statute 768.28, see Exhibit A.

ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 07/03/2024 08:54:35 AM

6. All conditions precedent to bringing this claim have been satisfied or waived including

those required by section 112.202-112.206 Jacksonville Municipal Code.

7. The Plaintiff, STEVEN BROWN is the duly appointed, qualified, and acting Personal

Representative of the Estate of KAYLEEN BROWN, deceased.

8. On the date of her death, April 30, 2023, the decedent, KAYLEEN BROWN had the

following statutory survivors:

a. Sue Soth, her surviving natural mother;

b. Steven Brown, her surviving natural father.

9. On April 27, 2023 KAYLEEN BROWN was a student at Atlantic Coast High School

maintained and operated by defendant, DCPS.

10. While at Atlantic Coast High School, KAYLEEN BROWN was in the care, custody and

under the control of DCPS through its employees and/or agents acting in the course and

scope of their employment and/or agency.

11. At all times material KAYLEEN BROWN suffered from a severe allergy to food products

that contained allergens, including nuts.

12. At all times material this allergy to food products containing nuts was known to DCPS

through its employees and/or agents.

13. On April 27, 2023 KAYLEEN BROWN attended a school activity meeting on the campus

of Atlantic Coast High School. This meeting was attended by employees and/or agents of

DCPS.

14. Food was brought and served to the students, including KAYLEEN BROWN. One item

of food was Baklava. KAYLEEN BROWN had never had this food and asked if it

contained nuts. She was told by DCPS employees/agents that it did not contain nuts.
 Acting in reliance upon the statement that the food did not contain nuts, KAYLEEN

BROWN consumed the food.

15. KAYLEEN BROWN subsequently discovered that the food she had consumed contained

pistachio nuts.

16. KAYLEEN BROWN began to experience symptoms associated with her food allergy. She

informed an employee/agent of DCPS that she had eaten nuts and was beginning to exhibit

symptoms associated with her food allergy.

17. KAYLEEN BROWN then left the school to go to a local pharmacy to obtain Benadryl to

treat her symptoms. Employees and/or agents of DCPS were aware that she had eaten nuts

and was experiencing symptoms associated with her food allergy and permitted her to leave

campus. She was not taken to the school nurse. Emergency response was not notified. An

emergency action plan was not initiated.

18. When KAYLEEN BROWN arrived at the pharmacy her symptoms worsened. She

experienced anaphylaxis and cardiac arrest. She fell into a coma and was declared dead on

April 30, 2023.

19. At all times material, Defendant DCPS developed a Food Allergey Management and

Prevention Plan, the purpose of which was to provide guidelines to ensure a safe and

healthy educational environment for students with life threatening food allergies. These

guidelines required that DCPS employees and/agents be trained to recognize symptoms of

an allergic reaction, how to administer epinephrine, and how to notify emergency response

when a student is exposed to allergens. The guidelines further provided that an emergency

action plan should be initiated if a student reports signs of an allergic reaction and that such
 students should not be permitted to walk alone to the school nurse or permitted to ride the

school bus.

20. At all times material, Defendant DCPS owed a duty of care to its students, including

KAYLEEN BROWN, to properly implement and follow its Food Allergey Management

and Prevention Plan.

21. At all times material, Defendant DCPS owed a duty of care to its students, including

KAYLEEN BROWN, to ensure that food that was designated as allergen free and/or had

been requested to be prepared allergen free was in fact free from allergens that would cause

death or serious harm to students with food allergies such as KAYLEEN BROWN.

22. Defendant DCPS acting through its employees and/or agents breached its duty to

KAYLEEN BROWN in one or more of the following respects:

a. Negligently serving or permitting to be served, food containing allergens, including

nuts, to KAYLEEN BROWN when she had specifically inquired as to whether the

food was allergen/nut free;

b. Negligently failing to warn KAYLEEN BROWN that the food contained allergens

including nuts when she had specifically inquired as to whether the food was

allergen/nut free;

c. Negligently failing to educate, train, and/or instruct staff members on food allergen

procedures;

d. Negligently failing to follow its own food allergy management and prevention plan;

e. Negligently failing to administer epinephrine to KAYLEEN BROWN when she

began to exhibit symptoms associated with food allergy;

 f. Negligently failing to initiate an emergency action plan when KAYLEEN BROWN

began to exhibit symptoms associated with food allergy;

g. Negligently failing to notify emergency response when KAYLEEN BROWN began

to exhibit symptoms associated with food allergy;

h. Negligently permitting KAYLEEN BROWN to leave campus without receiving

emergency medical treatment.

23. As a direct and proximate result of the negligence of DCPS, KAYLEEN BROWN died.

24. As a direct and proximate result of the negligence of DSCPS and the death of KAYLEEN

BROWN, the decedent's estate and statutory survivors have been damaged as follows:

a. Loss of the value of the prospective net accumulations of the decedent, KAYLEEN

BROWN, which might have been reasonably expected but for his wrongful death;

b. Medical and funeral expenses which have become a charge against the estate or

which were paid by or on behalf of the decedent;

c. The decedent's survivors have suffered and will continue to suffer in the future, the

loss of the support and services of the decedent;

d. STEVEN BROWN has suffered and will continue to suffer in the future mental

pain and suffering for the death of his daughter; and,

e. SUE SOTH has suffered and will continue to suffer in the future mental pain and

suffering for the death of her daughter.

WHEREFORE, the Plaintiff, STEVEN BROWN, as Personal Representative of the Estate

of KAYLEEN BROWN, Deceased, demands judgment for compensatory damages, costs of suit,

and, to the extent allowed by law, prejudgment interest against Defendant, DCPS and demands a

trial by jury of all issues so triable.

 DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues.

Signed on July 2, 2024

NICHOLS & PINA, LLLP

/s/ Theodore S. Pina, Jr.
THEODORE S. PINA, JR.
FL Bar No.: 0095192
218 Broad Street
Jacksonville, Florida 32202
(904) 353-3300 (P) (904) 353-3315 (F)
Attorney for Plaintiff
[email protected]
[email protected]
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