Preview
Filing # 129130166 E-Filed 06/21/2021 10:34:46 AM
,th
IN THE CIRCUIT COURT OF THE 17'
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.. 21-009583 (21)
HEATHER GRANT,
Plaintiff.
VS.
FRANCISO GABRIEL VADILLO,
DAVID VADILLO and LYFT, INC.,
Defendants.
i
AMENDED COMPLAINT
Plaintiff, HEATHER GRANT, by and through her undersigned counsel, hereby files this
Amended Complaint against the Defendants, FRANCISCO GABRIEL VADILLO, DAVID
VADILLO and LYFT, INC. and alleges as follows:
1. This is an action for damages in excess of thirty thousand dollars ($30,000.00)exclusive of
costs, interest and attorney's fees.
2. That on May 3, 2019, and at all times material hereto, the Plaintiff, HEATHER GRANT
was and is a resident of Broward County, Florida and sui juris.
3. That on
May 3, 2019, and at all times material hereto, the Defendant, FRANCISCO
GABRIEL VADILLO was and is a resident of Palm Beach County, Florida and sui juris.
4. That on May 3, 2019, and at all times material hereto, the Defendant DAVID VADILLO
was and is a resident of Palm Beach County, Florida and sui juris.
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/21/2021 10:34:45 AM.****
5. That on May 3, 2019, and at all times material hereto, Defendant, LYFT, INC. was and is a
Foreign Profit Corporation duly licensed to do business in the State ofFlorida and regularly
operates a ridesharing service in Broward County, Florida.
6. That at all times material hereto, Defendant, FRANCISCO GABRIEL VADILLO was an
employee and/or agent of Defendant, LYFT, INC. and was acting within the course and
scope of his employment and/or agency with LYFT, INC. subject to the control of LYFT,
INC. and at all times acted in furtherance of the interests of LYFT, INC.
7. That on May 3,2019, and at all times material hereto Defendant, FRANCISCO GABRIEL
VADILLO operated a 2015 Hyundai bearing Florida license plate number IAUM41 for the
year 2019.
8. That on May 3, 2019, and at all times material hereto, Defendant DAVID VADILLO owned
a 2015 Hyundai bearing license plate number IAUM41 for the year 2019.
9. That on May 3, 2019, and at all times material hereto, East Broward Boulevard at the
rd
intersection with NE 3 Ave Avenue was an intersection in the City of Fort Lauderdale,
Broward County, Florida.
10. Venue is proper as the cause of action accrued in Broward County, Florida.
FACTS COMMON TO ALL COUNTS
11. On May 3, 2019, Plaintiff, HEATHER GRANT was operating her vehicle heading
rd'
southbound on NE 3? Avenue when the Defendant, FRANCSICO GABRIEL VADILLO
was attempting to complete a left turn onto Broward Boulevard when he struck the
Plaintiff's vehicle, causing the Plaintiff's vehicle to flip.
COUNT I: NEGLIGENCE AS TO DEFENDANT, FRANCISCO GABRIEL
VADILLO
12. Plaintiffrepeats, realleges and incorporates by reference paragraphs 1 -11 of her Amended
Complaint as if fully set forth herein.
13. That the Defendant, FRANCISCO GABRIEL VADILLO owed a duty to the Plaintiff,
HEATHER GRANT to operate his vehicle in a reasonably safe manner.
14. Said duty was breached by the Defendant, FRANCISCO GABRIEL VADILLO in that he.
a) Failed to keep and operate her vehicle at a reasonably safe rate of speed;
b) Failed to keep proper lookout for other vehicles on the roadway;
c) Failed to yield the right of way;
d) Failed to keep his vehicle in a reasonable state of repair;
e) Was otherwise negligent in causing the incident.
15. As a direct and proximate cause of this Defendant's negligence, the Plaintiff, HEATHER
GRANT suffered damages including, but not limited to permanent injuries and aggravation
of a pre-existing condition including, but not limited to scarring, surgery, hospitalization,
medical and hospital bills past and future attendant to her injuries past and future pain,
suffering, and mental anguish.
WHEREFORE, the Plaintiff, HEATHER GRANT demands judgment against this
Defendant in Count I of her Amended Complaint for damages in excess of thirty thousand
dollars ($30,000.00)together with costs, interest and for such other and further relief this
Court may deem just and proper.
COUNT II- VICARIOUS LIABILITY- LYFT, INC.
16. Plaintiffrepeats, realleges, adopts and incorporates by reference paragraphs 1-11 of her
Amended Complaint as if fully set forth herein.
17. That on May 3,2019, Defendant, FRANCISCO GABRIEL VADILLO was and is the agent
and/or employee of LYFT, INC.
18. That on May 3,2019, and at all times material hereto, LYFT, INC. was and is the employer
and/or principal of Defendant, FRANCISCO GABRIEL VADILLO.
19. That on May 3, 2019, and at all times material hereto, the Defendant, FRANCISCO
GABRIEL VADILLO operated the 2015 Hyundai in furtherance ofthe interests of LYFT,
INC., within the course and scope of his relationsh* with Defendant, LYFT, INC., as an
agent, employee or worker, for the financial benefit of the Defendant, LYFT, INC.
20. Defendant, FRANCISCO GABRIEL VADILLO had a duty to operate his motor vehicle in
a reasonable and prudent manner.
21. Defendant, FRANCISCO GABRIEL VADILLO breached his duty by negligently and
carelessly crashing his motor vehicle into the vehicle driven by the Plaintiff, HEATHER
GRANT.
22. Defendant, LYFT, INC. at all times material hereto is vicariously liable for the negligence
of Defendant, driver FRANCISCO GABRIEL VADILLO.
23. That as a direct and proximate cause of the tortious actions of this Defendant, Plaintiff,
HEATHER GRANT was caused to suffer permanent injuries and/or aggravation of a pre-
existing condition requiring hospitalization, surgeries, medical bills past and future
attendantto her injuries, scarring,pain and suffering in the past and future.
WHEREFORE, Plaintiff HEATHER GRANT demands judgment against this
Defendant in Count II of her Amended Complaint for damages in excess of thirty thousand
dollars ($30,000.00)together with costs, interest and for such other and further relief this
Court may deem just and proper.
COUNT III- VICARIOUS LIABILITY-DAVID VADILLO
24. Plaintiffrepeats, realleges, adopts and incorporates by reference paragraphs 1 -11 of her
Amended Complaint as if fully set forth herein.
25. That on May 3, 2019, DAVID VADILLO owned the subject 2015 Hyundai bearing Florida
License Plate number IAUM41.
26. That on May 3, 2019, FRANCISCO GABRIEL VADILLO operated the subject vehicle
with the express and/or implied consent of its owner, DAVID VADILLO.
27. At the time of the subject crash, Defendant FRANCISCO GABRIEL VADILLO operated
the vehicle owned by the Defendant, DAVID VADILLO in a
negligent manner so as to
cause the subject crash involving the Plaintiff.
28. Defendant, DAVID VADILLO, as the vehicle's owner, is vicariously liable for the
negligence of Defendant, FRANCISCO GABRIEL VADILLO.
29. As a direct and proximate result of this Defendant's negligence, HEATHER GRANT
suffered permanent injuries and/or aggravation of a pre-existing condition requiring
hospitalization, surgeries, medical bills past and future attendant to her injuries, scarring,
pain and suffering in the past and future.
WHEREFORE, Plaintiff HEATHER GRANT demands judgment in Count III of her
Amended Complaint for damages in excess ofthe jurisdictionallimits ofthis Court, together
with prejudgment interest, costs and for such other and further relief this Court may deem
just and proper.
DEMAND FOR JURY TRIAL
Plaintiff hereby demands trial by jury on all issues so triable as of right by jury.
is/Jon A.Zmck.Esq.
Jon A. Zepnick, Esq.
Florida Bar No.. 586951
ANSEL & MILLER, LLC
Counselfor the Plaintiff
1939 Tyler Street
Hollywood, Florida 33020
Phone: (954) 922-9100
Fax: (954) 922-9176
com
com
Preview
Filing # 129130166 E-Filed 06/21/2021 10:34:46 AM ,th IN THE CIRCUIT COURT OF THE 17' JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.. 21-009583 (21) HEATHER GRANT, Plaintiff. VS. FRANCISO GABRIEL VADILLO, DAVID VADILLO and LYFT, INC., Defendants. i AMENDED COMPLAINT Plaintiff, HEATHER GRANT, by and through her undersigned counsel, hereby files this Amended Complaint against the Defendants, FRANCISCO GABRIEL VADILLO, DAVID VADILLO and LYFT, INC. and alleges as follows: 1. This is an action for damages in excess of thirty thousand dollars ($30,000.00)exclusive of costs, interest and attorney's fees. 2. That on May 3, 2019, and at all times material hereto, the Plaintiff, HEATHER GRANT was and is a resident of Broward County, Florida and sui juris. 3. That on May 3, 2019, and at all times material hereto, the Defendant, FRANCISCO GABRIEL VADILLO was and is a resident of Palm Beach County, Florida and sui juris. 4. That on May 3, 2019, and at all times material hereto, the Defendant DAVID VADILLO was and is a resident of Palm Beach County, Florida and sui juris. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/21/2021 10:34:45 AM.**** 5. That on May 3, 2019, and at all times material hereto, Defendant, LYFT, INC. was and is a Foreign Profit Corporation duly licensed to do business in the State ofFlorida and regularly operates a ridesharing service in Broward County, Florida. 6. That at all times material hereto, Defendant, FRANCISCO GABRIEL VADILLO was an employee and/or agent of Defendant, LYFT, INC. and was acting within the course and scope of his employment and/or agency with LYFT, INC. subject to the control of LYFT, INC. and at all times acted in furtherance of the interests of LYFT, INC. 7. That on May 3,2019, and at all times material hereto Defendant, FRANCISCO GABRIEL VADILLO operated a 2015 Hyundai bearing Florida license plate number IAUM41 for the year 2019. 8. That on May 3, 2019, and at all times material hereto, Defendant DAVID VADILLO owned a 2015 Hyundai bearing license plate number IAUM41 for the year 2019. 9. That on May 3, 2019, and at all times material hereto, East Broward Boulevard at the rd intersection with NE 3 Ave Avenue was an intersection in the City of Fort Lauderdale, Broward County, Florida. 10. Venue is proper as the cause of action accrued in Broward County, Florida. FACTS COMMON TO ALL COUNTS 11. On May 3, 2019, Plaintiff, HEATHER GRANT was operating her vehicle heading rd' southbound on NE 3? Avenue when the Defendant, FRANCSICO GABRIEL VADILLO was attempting to complete a left turn onto Broward Boulevard when he struck the Plaintiff's vehicle, causing the Plaintiff's vehicle to flip. COUNT I: NEGLIGENCE AS TO DEFENDANT, FRANCISCO GABRIEL VADILLO 12. Plaintiffrepeats, realleges and incorporates by reference paragraphs 1 -11 of her Amended Complaint as if fully set forth herein. 13. That the Defendant, FRANCISCO GABRIEL VADILLO owed a duty to the Plaintiff, HEATHER GRANT to operate his vehicle in a reasonably safe manner. 14. Said duty was breached by the Defendant, FRANCISCO GABRIEL VADILLO in that he. a) Failed to keep and operate her vehicle at a reasonably safe rate of speed; b) Failed to keep proper lookout for other vehicles on the roadway; c) Failed to yield the right of way; d) Failed to keep his vehicle in a reasonable state of repair; e) Was otherwise negligent in causing the incident. 15. As a direct and proximate cause of this Defendant's negligence, the Plaintiff, HEATHER GRANT suffered damages including, but not limited to permanent injuries and aggravation of a pre-existing condition including, but not limited to scarring, surgery, hospitalization, medical and hospital bills past and future attendant to her injuries past and future pain, suffering, and mental anguish. WHEREFORE, the Plaintiff, HEATHER GRANT demands judgment against this Defendant in Count I of her Amended Complaint for damages in excess of thirty thousand dollars ($30,000.00)together with costs, interest and for such other and further relief this Court may deem just and proper. COUNT II- VICARIOUS LIABILITY- LYFT, INC. 16. Plaintiffrepeats, realleges, adopts and incorporates by reference paragraphs 1-11 of her Amended Complaint as if fully set forth herein. 17. That on May 3,2019, Defendant, FRANCISCO GABRIEL VADILLO was and is the agent and/or employee of LYFT, INC. 18. That on May 3,2019, and at all times material hereto, LYFT, INC. was and is the employer and/or principal of Defendant, FRANCISCO GABRIEL VADILLO. 19. That on May 3, 2019, and at all times material hereto, the Defendant, FRANCISCO GABRIEL VADILLO operated the 2015 Hyundai in furtherance ofthe interests of LYFT, INC., within the course and scope of his relationsh* with Defendant, LYFT, INC., as an agent, employee or worker, for the financial benefit of the Defendant, LYFT, INC. 20. Defendant, FRANCISCO GABRIEL VADILLO had a duty to operate his motor vehicle in a reasonable and prudent manner. 21. Defendant, FRANCISCO GABRIEL VADILLO breached his duty by negligently and carelessly crashing his motor vehicle into the vehicle driven by the Plaintiff, HEATHER GRANT. 22. Defendant, LYFT, INC. at all times material hereto is vicariously liable for the negligence of Defendant, driver FRANCISCO GABRIEL VADILLO. 23. That as a direct and proximate cause of the tortious actions of this Defendant, Plaintiff, HEATHER GRANT was caused to suffer permanent injuries and/or aggravation of a pre- existing condition requiring hospitalization, surgeries, medical bills past and future attendantto her injuries, scarring,pain and suffering in the past and future. WHEREFORE, Plaintiff HEATHER GRANT demands judgment against this Defendant in Count II of her Amended Complaint for damages in excess of thirty thousand dollars ($30,000.00)together with costs, interest and for such other and further relief this Court may deem just and proper. COUNT III- VICARIOUS LIABILITY-DAVID VADILLO 24. Plaintiffrepeats, realleges, adopts and incorporates by reference paragraphs 1 -11 of her Amended Complaint as if fully set forth herein. 25. That on May 3, 2019, DAVID VADILLO owned the subject 2015 Hyundai bearing Florida License Plate number IAUM41. 26. That on May 3, 2019, FRANCISCO GABRIEL VADILLO operated the subject vehicle with the express and/or implied consent of its owner, DAVID VADILLO. 27. At the time of the subject crash, Defendant FRANCISCO GABRIEL VADILLO operated the vehicle owned by the Defendant, DAVID VADILLO in a negligent manner so as to cause the subject crash involving the Plaintiff. 28. Defendant, DAVID VADILLO, as the vehicle's owner, is vicariously liable for the negligence of Defendant, FRANCISCO GABRIEL VADILLO. 29. As a direct and proximate result of this Defendant's negligence, HEATHER GRANT suffered permanent injuries and/or aggravation of a pre-existing condition requiring hospitalization, surgeries, medical bills past and future attendant to her injuries, scarring, pain and suffering in the past and future. WHEREFORE, Plaintiff HEATHER GRANT demands judgment in Count III of her Amended Complaint for damages in excess ofthe jurisdictionallimits ofthis Court, together with prejudgment interest, costs and for such other and further relief this Court may deem just and proper. DEMAND FOR JURY TRIAL Plaintiff hereby demands trial by jury on all issues so triable as of right by jury. is/Jon A.Zmck.Esq. Jon A. Zepnick, Esq. Florida Bar No.. 586951 ANSEL & MILLER, LLC Counselfor the Plaintiff 1939 Tyler Street Hollywood, Florida 33020 Phone: (954) 922-9100 Fax: (954) 922-9176 com com