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Filing # 128332885 E-Filed 06/08/2021 02:53:25 PM
IN THE CIRCUIT COURT OF THE 17I'th
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.: 21-009583 (21)
HEATHER GRANT,
Plaintiff,
VS.
DAVID VADILLO and
LYFT FLORIDA, INC.
d/b/a LYFT, INC.,
Defendants.
MOTION FOR LEAVE TO FILE AMENDED COMPLAINT
Plaintiff, HEATHER GRANT, by and through her undersigned counsel, hereby files this her
Motion for Leave to File Amended Complaint as follows:
1. This action arises out of amotor vehicle accidentthat occurred on May 3,2019.
2. Plaintiffs Complaint originally named David Vadillo and Lyft Florida Inc. as Defendants.
3. Plaintiff moves for leave to file an Amended Complaint naming FRANCISCO GABRIEL
VADILLO as Defendant driver, DAVID VADILLO as Defendant owner and to correct the
name from Lyft Florida Inc. to LYFT, INC. as a party Defendant.
4. There is no prejudice to the Defendants in allowing Plaintiffto file an Amended Complaint
as this case has been recently filed and only Defendant, DAVID VADILLO has interposed
an Answer.
5. A proposed Amended Complaint is attached to this Motion as "Exhibit A
,.
6. Undersigned counsel shall confer with defense counsel in a good faith effort to narrow
and/or resolve this issue without the necessity for a hearing.
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/08/2021 02:53:24 PM.****
WHEREFORE, Plaintiff, HEATHER GRANT moves this Honorable Court for entry
of an Order Granting Leave to file the attached Amended Complaint and grant such other
and further reliefthis Court may deem just and
proper.
I HEREBY CERTIFY that on this 8th day of June 2021, a true and correct copy of the foregoing
document has been electronically filed using the Florida Court's E-filing Portal, which produces a
Service of Court Document to Counsel for the Defendant, DAVID VADILLO -
George
Fernandez, Esq., at
and and Counsel for the
Defendant, LYFT FLORIDA, INC. d/b/a LYFT, INC. Douglas Ede, Esq./Loren Korkin, Esq.
-
at dede@rumberger.com, and
tkorkin@rumbetger.com
/s/Jon A. Zepnick. Esq=
Jon A. Zepnick, Esq.
Florida Bar No.: 586951
ANSEL & MILLER, LLC
Counsel for the Plaintiff
1939 Tyler Street
Hollywood, Florida 33020
Phone: (954) 922-9100
Fax: (954) 922-9176
com
E -
BIT A-PROPOSED AMENDED
COMPLAINT
IN THE CIRCUIT COURT OF THE 17t]th
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.
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 of Florida 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 ofthe interests of LYFT, INC.
7. That on May 3, 2019, and at all times materialhereto 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
southbound on NE 3, rd Avenue when the Defendant, FRANCSICO GABRIEL VADILLO
was
attempting to complete a left turn onto Broward Boulevard when he struck the
Plaintiffs vehicle, causing the Plaintiffs vehicle to flip.
COUNT I: NEGLIGENCE AS TO DEFENDANT, FRANCISCO GABRIEL
VADILLO
12. Plaintiff repeats, realleges and incorporatesby 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 damagesincluding, 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. Plaintiff repeats, realleges, adopts and incorporates by reference 1-11 of her
paragraphs
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. and is the
was
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 of the interests of LYFT,
INC., within the course and scope of his relationship with Defendant, LYFT, INC., as an
agent, employee or worker, for the financial benefit of the Defendant, LYFT, INC.
20. Defendant, FRANCISCOGABRIEL 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
attendant to 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 IU- VICARIOUS LIABILITY-DAVID VADILLO
24. Plaintiff repeats, 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 direct and proximate result of this Defendant's HEATHER GRANT
a
negligence,
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, PlaintiffHEATHER 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.
/s/Jon A. Zepnick. Esq.
Jon A. Zepnick, Esq.
Florida Bar No.: 586951
ANSEL & MILLER, LLC
Counsel for the Plaintiff
1939 Tyler Street
Hollywood, Florida 33020
Phone: (954) 922-9100
Fax: (954) 922-9176
Preview
Filing # 128332885 E-Filed 06/08/2021 02:53:25 PM IN THE CIRCUIT COURT OF THE 17I'th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: 21-009583 (21) HEATHER GRANT, Plaintiff, VS. DAVID VADILLO and LYFT FLORIDA, INC. d/b/a LYFT, INC., Defendants. MOTION FOR LEAVE TO FILE AMENDED COMPLAINT Plaintiff, HEATHER GRANT, by and through her undersigned counsel, hereby files this her Motion for Leave to File Amended Complaint as follows: 1. This action arises out of amotor vehicle accidentthat occurred on May 3,2019. 2. Plaintiffs Complaint originally named David Vadillo and Lyft Florida Inc. as Defendants. 3. Plaintiff moves for leave to file an Amended Complaint naming FRANCISCO GABRIEL VADILLO as Defendant driver, DAVID VADILLO as Defendant owner and to correct the name from Lyft Florida Inc. to LYFT, INC. as a party Defendant. 4. There is no prejudice to the Defendants in allowing Plaintiffto file an Amended Complaint as this case has been recently filed and only Defendant, DAVID VADILLO has interposed an Answer. 5. A proposed Amended Complaint is attached to this Motion as "Exhibit A ,. 6. Undersigned counsel shall confer with defense counsel in a good faith effort to narrow and/or resolve this issue without the necessity for a hearing. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/08/2021 02:53:24 PM.**** WHEREFORE, Plaintiff, HEATHER GRANT moves this Honorable Court for entry of an Order Granting Leave to file the attached Amended Complaint and grant such other and further reliefthis Court may deem just and proper. I HEREBY CERTIFY that on this 8th day of June 2021, a true and correct copy of the foregoing document has been electronically filed using the Florida Court's E-filing Portal, which produces a Service of Court Document to Counsel for the Defendant, DAVID VADILLO - George Fernandez, Esq., at and and Counsel for the Defendant, LYFT FLORIDA, INC. d/b/a LYFT, INC. Douglas Ede, Esq./Loren Korkin, Esq. - at dede@rumberger.com, and tkorkin@rumbetger.com /s/Jon A. Zepnick. Esq= Jon A. Zepnick, Esq. Florida Bar No.: 586951 ANSEL & MILLER, LLC Counsel for the Plaintiff 1939 Tyler Street Hollywood, Florida 33020 Phone: (954) 922-9100 Fax: (954) 922-9176 com E - BIT A-PROPOSED AMENDED COMPLAINT IN THE CIRCUIT COURT OF THE 17t]th 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. 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 of Florida 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 ofthe interests of LYFT, INC. 7. That on May 3, 2019, and at all times materialhereto 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 southbound on NE 3, rd Avenue when the Defendant, FRANCSICO GABRIEL VADILLO was attempting to complete a left turn onto Broward Boulevard when he struck the Plaintiffs vehicle, causing the Plaintiffs vehicle to flip. COUNT I: NEGLIGENCE AS TO DEFENDANT, FRANCISCO GABRIEL VADILLO 12. Plaintiff repeats, realleges and incorporatesby 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 damagesincluding, 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. Plaintiff repeats, realleges, adopts and incorporates by reference 1-11 of her paragraphs 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. and is the was 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 of the interests of LYFT, INC., within the course and scope of his relationship with Defendant, LYFT, INC., as an agent, employee or worker, for the financial benefit of the Defendant, LYFT, INC. 20. Defendant, FRANCISCOGABRIEL 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 attendant to 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 IU- VICARIOUS LIABILITY-DAVID VADILLO 24. Plaintiff repeats, 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 direct and proximate result of this Defendant's HEATHER GRANT a negligence, 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, PlaintiffHEATHER 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. /s/Jon A. Zepnick. Esq. Jon A. Zepnick, Esq. Florida Bar No.: 586951 ANSEL & MILLER, LLC Counsel for the Plaintiff 1939 Tyler Street Hollywood, Florida 33020 Phone: (954) 922-9100 Fax: (954) 922-9176