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16-2022-CA-006093-XXXX-MA Div: CV-A
Filing # 159738553 E-Filed 10/21/2022 03:17:19 PM
IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NO.:
DIV.:
BRITTINIA VANE HUGHES,
Plaintiff,
vs.
EAN HOLDINGS, LLC,
a foreign limited liability company, and
KATELAND WYATT,
Defendants.
/
COMPLAINT AND DEMAND FOR JURY TRIAL
COMES NOW Plaintiff, BRITTINIA VANE HUGHES, by and through the undersigned
attorneys, files this Complaint and brings suit against Defendants, EAN HOLDINGS, LLC and
KATELAND WYATT. In support hereof, Plaintiff states as follows:
JURISDICITIONAL AND GENERAL ALLEGATIONS
1 This is an action for damages in excess of $30,000.00, exclusive of fees, cost, and
interest; any monetary amount provided to and reported by the Clerk of Court is for jurisdictional
purposes only and is not an admission of the amount of damages.
2. That at all times material hereto, Plaintiff, BRITTINIA VANE HUGHES, was and
is a resident of Duval County, Florida and is otherwise, sui juris.
3. Atall times material hereto, Defendant, KATELAND WYATT, was a non-resident
of Florida who operated, conducted, engaged in, or carried on a business or business venture in
the state, pursuant to Section 48.181, Florida Statutes.
4 At all times material hereto, Defendant, EAN HOLDINGS, LLC, was foreign
limited liability company authorized to do and was doing business in the State of Florida and has
its principal place of business at 600 Corporate Park Drive, St. Louis, MO 63105.
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 10/24/2022 12:16:11 PM
5 Defendant, EAN HOLDINGS, LLC, has designated a registered agent who
maintains an office in the State of Florida, to wit: CT Corporation System, 1200 South Pine Island
Road, Plantation, FL 33324.
6 That the collision giving rise to this action occurred on August 18, 2021, on
Interstate Highway 10, Jacksonville, Duval County, Florida.
7
That at all times material, Defendant, EAN HOLDINGS, LLC, owned a 2021
Cadillac XTS, Vehicle Identification Number 1GYKNCRS3MZ166136.
8 On or about August 18, 2021, Defendant, KATELAND WYATT, operated
Defendant’s, EAN HOLDINGS, LLC, a 2021 Cadillac XTS, with EAN HOLDINGS, LLC’s full
knowledge and consent.
9 On or about August 18, 2021, Plaintiff was the properly restrained driver of
Plaintiff's 2021 Toyota Corolla; Plaintiff used reasonable care and abided by Florida’s
traffic/motor vehicle statutes.
10. At that time and place, Defendant, KATELAND WYATT, improperly changed
lanes and, thereby, negligently operated Defendant’s, EAN HOLDINGS, LLC, 2021 Cadillac
XTS, so that the left side of the 2021 Cadillac XTS collided with the right side of Plaintiff's vehicle
and, thereby, caused Plaintiff to suffer serious permanent injuries.
11. There were no external visual obstructions, distractions or actions by any third party
which in any way contributed to Defendant’s, KATELAND WYATT, failure to obey the traffic
laws and/or properly operate Defendant’s, EAN HOLDINGS, LLC, 2021 Cadillac XTS.
12. Plaintiff was unable to avoid the imminent collision with Defendant, KATELAND
WYATT.
COUNT I-
NEGLIGENCE OF DEFENDANT, KATELAND WYATT
13. Plaintiff re-alleges, and incorporates by reference, the allegations in paragraphs one
(1) through twelve (12) above.
14. At all times material hereto, Defendant, KATELAND WYATT, owed a duty to
Plaintiff to exercise reasonable care in the operation of the vehicle in her control so as not to injure
Plaintiff.
15. At all times material hereto, Defendant, KATELAND WYATT, was careless and
negligent and breached the above duty in one or more of the following ways:
a. By failing to properly operate said vehicle so as to avoid a collision with the
Plaintiff;
b By failing to maintain a proper lookout;
Cc. By failing to keep the vehicle under control;
d. By traveling at an excessive rate of speed;
16. As a result of the negligence of Defendant, KATELAND WYATT, Plaintiff,
BRITTINIA VANE HUGHES, suffered bodily injury and resulting pain and suffering, disability,
mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and
nursing care and treatment, loss of earnings, and loss of ability to earn money in the future, and
aggravation of a preexisting condition. The losses are either permanent or continuing in nature
and Plaintiff will continue to suffer the losses in the future.
WHEREFORE, Plaintiff, BRITTINIA VANE HUGHES, demands judgment for damages
and costs against Defendant, KATELAND WYATT, and a trial by jury of all issues herein.
COUNT II-
NEGLIGENT ENTRUSTMENT AGAINST DEFENDANT, EAN HOLDINGS, LLC
17. Plaintiff re-alleges, and incorporates by reference, the allegations in paragraphs one
(1) through twelve (12) above.
18. At all times material hereto, the Defendant, EAN HOLDINGS, LLC had custody
and control of the subject semi-tractor-trailer truck operated and driven by Defendant, KATELAND
WYATT, with the knowledge and consent of the Defendant, EAN HOLDINGS, LLC
19. Consequently, Defendant, EAN HOLDINGS, LLC is vicariously liable for the
negligent acts or omissions committed by Defendant, KATELAND WYATT, under the Dangerous
Instrumentality Doctrine.
20. As a result of the negligence of Defendant, EAN HOLDINGS, LLC, Plaintiff,
BRITTINIA VANE HUGHES, suffered bodily injury and resulting pain and suffering, disability,
disfigurement, loss of capacity for the enjoyment of life, mental anguish, aggravation of a pre-
existing condition, medical and nursing care, treatment, lost wages and loss of ability to earn
money. These losses are either permanent or continuing, and the Plaintiff will suffer losses in the
future.
21. Plaintiffs injury is, in whole or in part, a permanent injury within a reasonable
degree of medical probability within the meaning of Section 627.737 of the Florida Statutes.
WHEREFORE Plaintiff, BRITTINIA VANE HUGHES, demands judgment against
Defendants, EAN HOLDINGS, LLC and KATELAND WYATT , for compensatory damages, all
available costs and interest and further relief that the Court may deem proper, and respectfully
demands trial by jury of all issues triable as of right by a jury.
FARAH & FARAH, P.A.
By:/s Xavier T. Saunders
XAVIER T. SAUNDERS, ESQUIRE
Florida Bar Number: 0047798
10 West Adams Street
Jacksonville, FL 32202
(904) 586-3060 (tel. & fax.)
Primary: xsaunders@farahandfarah.com
Sec: tedwards@farahandfarah.com
Attorney for Plaintiff
Preview
16-2022-CA-006093-XXXX-MA Div: CV-A Filing # 159738553 E-Filed 10/21/2022 03:17:19 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: DIV.: BRITTINIA VANE HUGHES, Plaintiff, vs. EAN HOLDINGS, LLC, a foreign limited liability company, and KATELAND WYATT, Defendants. / COMPLAINT AND DEMAND FOR JURY TRIAL COMES NOW Plaintiff, BRITTINIA VANE HUGHES, by and through the undersigned attorneys, files this Complaint and brings suit against Defendants, EAN HOLDINGS, LLC and KATELAND WYATT. In support hereof, Plaintiff states as follows: JURISDICITIONAL AND GENERAL ALLEGATIONS 1 This is an action for damages in excess of $30,000.00, exclusive of fees, cost, and interest; any monetary amount provided to and reported by the Clerk of Court is for jurisdictional purposes only and is not an admission of the amount of damages. 2. That at all times material hereto, Plaintiff, BRITTINIA VANE HUGHES, was and is a resident of Duval County, Florida and is otherwise, sui juris. 3. Atall times material hereto, Defendant, KATELAND WYATT, was a non-resident of Florida who operated, conducted, engaged in, or carried on a business or business venture in the state, pursuant to Section 48.181, Florida Statutes. 4 At all times material hereto, Defendant, EAN HOLDINGS, LLC, was foreign limited liability company authorized to do and was doing business in the State of Florida and has its principal place of business at 600 Corporate Park Drive, St. Louis, MO 63105. ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 10/24/2022 12:16:11 PM 5 Defendant, EAN HOLDINGS, LLC, has designated a registered agent who maintains an office in the State of Florida, to wit: CT Corporation System, 1200 South Pine Island Road, Plantation, FL 33324. 6 That the collision giving rise to this action occurred on August 18, 2021, on Interstate Highway 10, Jacksonville, Duval County, Florida. 7 That at all times material, Defendant, EAN HOLDINGS, LLC, owned a 2021 Cadillac XTS, Vehicle Identification Number 1GYKNCRS3MZ166136. 8 On or about August 18, 2021, Defendant, KATELAND WYATT, operated Defendant’s, EAN HOLDINGS, LLC, a 2021 Cadillac XTS, with EAN HOLDINGS, LLC’s full knowledge and consent. 9 On or about August 18, 2021, Plaintiff was the properly restrained driver of Plaintiff's 2021 Toyota Corolla; Plaintiff used reasonable care and abided by Florida’s traffic/motor vehicle statutes. 10. At that time and place, Defendant, KATELAND WYATT, improperly changed lanes and, thereby, negligently operated Defendant’s, EAN HOLDINGS, LLC, 2021 Cadillac XTS, so that the left side of the 2021 Cadillac XTS collided with the right side of Plaintiff's vehicle and, thereby, caused Plaintiff to suffer serious permanent injuries. 11. There were no external visual obstructions, distractions or actions by any third party which in any way contributed to Defendant’s, KATELAND WYATT, failure to obey the traffic laws and/or properly operate Defendant’s, EAN HOLDINGS, LLC, 2021 Cadillac XTS. 12. Plaintiff was unable to avoid the imminent collision with Defendant, KATELAND WYATT. COUNT I- NEGLIGENCE OF DEFENDANT, KATELAND WYATT 13. Plaintiff re-alleges, and incorporates by reference, the allegations in paragraphs one (1) through twelve (12) above. 14. At all times material hereto, Defendant, KATELAND WYATT, owed a duty to Plaintiff to exercise reasonable care in the operation of the vehicle in her control so as not to injure Plaintiff. 15. At all times material hereto, Defendant, KATELAND WYATT, was careless and negligent and breached the above duty in one or more of the following ways: a. By failing to properly operate said vehicle so as to avoid a collision with the Plaintiff; b By failing to maintain a proper lookout; Cc. By failing to keep the vehicle under control; d. By traveling at an excessive rate of speed; 16. As a result of the negligence of Defendant, KATELAND WYATT, Plaintiff, BRITTINIA VANE HUGHES, suffered bodily injury and resulting pain and suffering, disability, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, and loss of ability to earn money in the future, and aggravation of a preexisting condition. The losses are either permanent or continuing in nature and Plaintiff will continue to suffer the losses in the future. WHEREFORE, Plaintiff, BRITTINIA VANE HUGHES, demands judgment for damages and costs against Defendant, KATELAND WYATT, and a trial by jury of all issues herein. COUNT II- NEGLIGENT ENTRUSTMENT AGAINST DEFENDANT, EAN HOLDINGS, LLC 17. Plaintiff re-alleges, and incorporates by reference, the allegations in paragraphs one (1) through twelve (12) above. 18. At all times material hereto, the Defendant, EAN HOLDINGS, LLC had custody and control of the subject semi-tractor-trailer truck operated and driven by Defendant, KATELAND WYATT, with the knowledge and consent of the Defendant, EAN HOLDINGS, LLC 19. Consequently, Defendant, EAN HOLDINGS, LLC is vicariously liable for the negligent acts or omissions committed by Defendant, KATELAND WYATT, under the Dangerous Instrumentality Doctrine. 20. As a result of the negligence of Defendant, EAN HOLDINGS, LLC, Plaintiff, BRITTINIA VANE HUGHES, suffered bodily injury and resulting pain and suffering, disability, disfigurement, loss of capacity for the enjoyment of life, mental anguish, aggravation of a pre- existing condition, medical and nursing care, treatment, lost wages and loss of ability to earn money. These losses are either permanent or continuing, and the Plaintiff will suffer losses in the future. 21. Plaintiffs injury is, in whole or in part, a permanent injury within a reasonable degree of medical probability within the meaning of Section 627.737 of the Florida Statutes. WHEREFORE Plaintiff, BRITTINIA VANE HUGHES, demands judgment against Defendants, EAN HOLDINGS, LLC and KATELAND WYATT , for compensatory damages, all available costs and interest and further relief that the Court may deem proper, and respectfully demands trial by jury of all issues triable as of right by a jury. FARAH & FARAH, P.A. By:/s Xavier T. Saunders XAVIER T. SAUNDERS, ESQUIRE Florida Bar Number: 0047798 10 West Adams Street Jacksonville, FL 32202 (904) 586-3060 (tel. & fax.) Primary: xsaunders@farahandfarah.com Sec: tedwards@farahandfarah.com Attorney for Plaintiff