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Complaint – Failure to Avoid Collision

IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY, FLORIDA

CASE NUMBER:   

ANN AND JEAN F., Individually     
and as Guardians of SAM F.,
Plaintiffs,
vs.
PABLO E.
and VICTORIA V.
Defendants.
__________________________________/

COMPLAINT

The Plaintiffs, ANN AND JEAN F. as Guardian of SAM F., sue the Defendants, PABLO E. (“PABLO”), and VICTORIA V. (“VICTORIA V.”), and allege:

1. This is an action for damages in excess of $15,000.00, exclusive of interest, costs, and attorney=s fees.

2. Ann Francois and Jean Francois are the parents of SAM F., a minor.

3. On or about March 20, 2007, the Defendant, PABLO, was the owner of a motor vehicle which was driven with his consent by Co-Defendant, VICTORIA V., at or near the intersection of Northeast 2nd Avenue and Northeast  67th Street, Miami-Dade County, Florida.

4. At that time and place, Defendant, VICTORIA V.,  negligently operated the motor vehicle causing it to collide with the motor vehicle which JEAN FRANCOIS was driving and in which the minor, SAM F. was a passenger in that:
  (a) Defendant, VICTORIA V., failed to yield the right of away; and
  (b) Defendant, VICTORIA V., was traveling at a speed which was unreasonable under the circumstances; and
  (c) Defendant, VICTORIA V., failed to keep a proper lookout in order to avoid the collision; and
  (d) Defendant, VICTORIA V., was otherwise operating her vehicle in a  careless or reckless manner; and

5. As a result of Defendant, VICTORIA V., negligence, for which Co-Defendant, PABLO, is liable, the minor, SAM F.,  suffered permanent bodily injury, resulting pain and suffering, disability, disfigurement, inconvenience, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care treatment and treatment, and/or permanent aggravation of a previously existing condition. As the injuries are permanent, he will suffer damages in the future.  As Plaintiff, SAM F., is a minor, JEAN AND ANN FRANCOIS are liable to pay for medical and related expenses incurred as a result of the injuries to their son.

WHEREFORE Plaintiffs demand judgment against Defendants for compensatory damages and further demand a trial by jury of all issues so triable.

LAW OFFICE OF ALAN D. SACKRIN
Alan D. Sackrin
Attorney for Plaintiff(s)
2100 East Hallandale Beach Blvd.
Suite 200
Hallandale Beach, FL  33009
Telephone:  (954) 458-8655
By______________________________
ALAN D. SACKRIN    
Florida Bar No. 349070    

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This document is a sample lawsuit related to a specific set of facts and circumstances and should not be used or relied upon for any car accident matter. We recommend and urge you to consult with an experienced accident lawyer for professional advice as each case is unique.