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16-2022-CA-006668-XXXX-MA Div: CV-D
Filing # 161466673 E-Filed 11/17/2022 03:36:16 PM
IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR,
DUVAL COUNTY, FLORIDA
CASE NO.:
DIVISION:
WYNETTE MACK,
Plaintiff,
vs
SHEILA BROWN and STUDENT
TRANSPORTATION OF AMERICA, INC.,
A Foreign Profit Corporation,
Defendants.
/
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, WYNETTE MACK, by and through the undersigned attorneys, hereby sues
Defendants, SHEILA BROWN and STUDENT TRANSPORTATION OF AMERICA, INC., and
alleges the following in support thereof:
1 This is an action for damages in excess of $30,000.00, exclusive of attorneys' fees,
interest, and costs.
2. The incident which gives rise to this Complaint occurred on or about October 25
2021, in Duval County, Florida.
3. At all times material hereto, Plaintiff, WYNETTE MACK, was a resident of
Jacksonville, Duval County, Florida.
4 At all times material hereto, the Defendant, STUDENT TRANSPORTATION OF
AMERICA, INC., was a registered Foreign Profit Corporation with a principal address at 3349
Highway 138, Building A, Suite C, Wall, New Jersey, 07719.
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FARAH & FARAH, PA
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 11/21/2022 10:29:44 AM
5 At all times material hereto, Defendant, SHEILA BROWN was a resident of
Jacksonville, Duval County, Florida.
6 At all times material hereto, Defendant, STUDENT TRANSPORTATION OF
AMERICA, INC., employed Defendant, SHEILA BROWN.
7
At all times material hereto, the Defendant, STUDENT TRANSPORTATION OF
AMERICA, INC., owned, maintained, and operated a school bus with vehicle identification
number 4DRBUC8N7MB152457.
8 At all times material hereto, the school bus described above was operated by
Defendant, SHEILA BROWN, with the knowledge and consent of Defendant, STUDENT
TRANSPORTATION OF AMERICA, INC., at or near Lane Avenue and Biddy Lane, in
Jacksonville, Duval County, Florida.
9 This Court has jurisdiction as the incident occurred in Jacksonville, Duval County,
Florida and venue is proper.
COUNT I: NEGLIGENCE
(As to Defendant, SHEILA BROWN)
Plaintiff, WYNETTE MACK, re-alleges paragraphs 1 through 9 of this Complaint and
incorporates them herein by reference as if each were fully set forth herein in their entirety and
further alleges:
10. On or about October 25, 2021, Plaintiff, WYNETTE MACK, was carefully
operating her motor vehicle at or near Lane Avenue and Biddy Lane, in Jacksonville, Duval
County, Florida.
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FARAH & FARAH, PA
11. At approximately the same place and time, Defendant, SHEILA BROWN,
negligently operated the school bus described above, such that it collided with the motor vehicle
driven by Plaintiff, WYNETTE MACK.
12. Defendant, SHEILA BROWN owed a duty to Plaintiff, WYNETTE MACK, to
maintain and operate the school bus in a careful and prudent manner, and she breached that duty
of care when she failed to maintain and/or operate the school bus so as to avoid colliding with the
Plaintiff, WY NETTE MACK’s motor vehicle.
13. As a direct and proximate result of the negligent driving actions of Defendant,
SHEILA BROWN, Plaintiff, WYNETTE MACK, suffered permanent injuries within a degree of
medical probability, resulting in associated pain and suffering, disability, disfigurement, mental
anguish, loss of capacity for the enjoyment of life, inconvenience, expense of medical care and
treatment, loss of earnings, loss of ability to earn money, and/or aggravation of a previously
existing condition. The losses are continuing and Plaintiff, WYNETTE MACK, will suffer the
losses in the future.
WHEREFORE, Plaintiff, WYNETTE MACK, demands judgment for damages and costs
against Defendant, SHEILA BROWN, and further demands a trial by jury of all issues herein.
COUNT II - DANGEROUS INSTRUMENTALITY
(As to Defendant, STUDENT TRANSPORTATION OF AMERICA, INC.)
Plaintiff, WYNETTE MACK, re-alleges paragraphs 1 through 13 of this Complaint and
incorporates them herein by reference as if each were fully set forth herein in their entirety and
further alleges:
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FARAH & FARAH, PA
14. At all times material hereto, Defendant, STUDENT TRANSPORTATION OF
AMERICA, INC., owned, operated, and maintained a school bus with vehicle identification
number 4DRBUC8N7MB152457.
15. On or about October 25, 2021, Defendant, STUDENT TRANSPORTATION OF
AMERICA, INC., voluntarily entrusted Defendant, SHEILA BROWN, with operating the school
bus described above.
16. Defendant, STUDENT TRANSPORTATION OF AMERICA, INC., is vicariously
liable for Defendant, SHEILA BROWN’s negligent driving actions pursuant to the dangerous
instrumentality doctrine.
17. As a direct and proximate result of the negligent driving actions of Defendant,
SHEILA BROWN, Plaintiff, WYNETTE MACK, suffered permanent injuries within a degree of
medical probability, resulting in associated pain and suffering, disability, disfigurement, mental
anguish, loss of capacity for the enjoyment of life, inconvenience, expense of medical care and
treatment, loss of earnings, loss of ability to earn money, and/or aggravation of a previously
existing condition. The losses are continuing and Plaintiff, WYNETTE MACK, will suffer the
losses in the future.
WHEREFORE, Plaintiff, WYNETTE MACK, demands judgment for damages and
costs against Defendant, STUDENT TRANSPORTATION OF AMERICA, INC., and a trial by
jury of all issues herein.
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FARAH & FARAH, PA
COUNT Il —-RESPONDEAT SUPERIOR
(As to Defendant, STUDENT TRANSPORTATION OF AMERICA, INC.)
Plaintiff, WYNETTE MACK, re-alleges paragraphs 1 through 13 of this Complaint and
incorporates them herein by reference as if each were fully set forth herein in their entirety and
further alleges:
18. At all times hereto, Defendant, SHEILA BROWN, was acting in the course and
scope of her employment with Defendant, STUDENT TRANSPORTATION OF AMERICA,
INC.
19. Defendant, STUDENT TRANSPORTATION OF AMERICA, INC., is liable for
the negligent actions and omissions of Defendant, SHEILA BROWN, and resulting damages
pursuant to the doctrine of respondeat superior.
20. As a direct and proximate result of the negligent driving actions of Defendant,
SHEILA BROWN, Plaintiff, WYNETTE MACK, suffered permanent injuries within a degree of
medical probability, resulting in associated pain and suffering, disability, disfigurement, mental
anguish, loss of capacity for the enjoyment of life, inconvenience, expense of medical care and
treatment, loss of earnings, loss of ability to earn money, and/or aggravation of a previously
existing condition. The losses are continuing and Plaintiff, WYNETTE MACK, will suffer the
losses in the future.
WHEREFORE, Plaintiff, WYNETTE MACK, demands judgment for damages and costs
against Defendant, STUDENT TRANSPORTATION OF AMERICA, INC., and further demands
a trial by jury of all issues herein.
Dated this 17th day of November 2022.
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FARAH & FARAH, PA
FARAH & FARAH, P.A.
the
ANDREW D. SCOTT JR. (0117945)
Attorney for Plaintiff
10 West Adams Street
Jacksonville, FL 32202
(904) 730-1089 (telephone/facsimile)
Primary: ascott@farahandfarah.com
Secondary: jdeleon@farahandfarah.com
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FARAH & FARAH, PA
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16-2022-CA-006668-XXXX-MA Div: CV-D Filing # 161466673 E-Filed 11/17/2022 03:36:16 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR, DUVAL COUNTY, FLORIDA CASE NO.: DIVISION: WYNETTE MACK, Plaintiff, vs SHEILA BROWN and STUDENT TRANSPORTATION OF AMERICA, INC., A Foreign Profit Corporation, Defendants. / COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, WYNETTE MACK, by and through the undersigned attorneys, hereby sues Defendants, SHEILA BROWN and STUDENT TRANSPORTATION OF AMERICA, INC., and alleges the following in support thereof: 1 This is an action for damages in excess of $30,000.00, exclusive of attorneys' fees, interest, and costs. 2. The incident which gives rise to this Complaint occurred on or about October 25 2021, in Duval County, Florida. 3. At all times material hereto, Plaintiff, WYNETTE MACK, was a resident of Jacksonville, Duval County, Florida. 4 At all times material hereto, the Defendant, STUDENT TRANSPORTATION OF AMERICA, INC., was a registered Foreign Profit Corporation with a principal address at 3349 Highway 138, Building A, Suite C, Wall, New Jersey, 07719. Page 1 of 6 FARAH & FARAH, PA ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 11/21/2022 10:29:44 AM 5 At all times material hereto, Defendant, SHEILA BROWN was a resident of Jacksonville, Duval County, Florida. 6 At all times material hereto, Defendant, STUDENT TRANSPORTATION OF AMERICA, INC., employed Defendant, SHEILA BROWN. 7 At all times material hereto, the Defendant, STUDENT TRANSPORTATION OF AMERICA, INC., owned, maintained, and operated a school bus with vehicle identification number 4DRBUC8N7MB152457. 8 At all times material hereto, the school bus described above was operated by Defendant, SHEILA BROWN, with the knowledge and consent of Defendant, STUDENT TRANSPORTATION OF AMERICA, INC., at or near Lane Avenue and Biddy Lane, in Jacksonville, Duval County, Florida. 9 This Court has jurisdiction as the incident occurred in Jacksonville, Duval County, Florida and venue is proper. COUNT I: NEGLIGENCE (As to Defendant, SHEILA BROWN) Plaintiff, WYNETTE MACK, re-alleges paragraphs 1 through 9 of this Complaint and incorporates them herein by reference as if each were fully set forth herein in their entirety and further alleges: 10. On or about October 25, 2021, Plaintiff, WYNETTE MACK, was carefully operating her motor vehicle at or near Lane Avenue and Biddy Lane, in Jacksonville, Duval County, Florida. Page 2 of 6 FARAH & FARAH, PA 11. At approximately the same place and time, Defendant, SHEILA BROWN, negligently operated the school bus described above, such that it collided with the motor vehicle driven by Plaintiff, WYNETTE MACK. 12. Defendant, SHEILA BROWN owed a duty to Plaintiff, WYNETTE MACK, to maintain and operate the school bus in a careful and prudent manner, and she breached that duty of care when she failed to maintain and/or operate the school bus so as to avoid colliding with the Plaintiff, WY NETTE MACK’s motor vehicle. 13. As a direct and proximate result of the negligent driving actions of Defendant, SHEILA BROWN, Plaintiff, WYNETTE MACK, suffered permanent injuries within a degree of medical probability, resulting in associated pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, inconvenience, expense of medical care and treatment, loss of earnings, loss of ability to earn money, and/or aggravation of a previously existing condition. The losses are continuing and Plaintiff, WYNETTE MACK, will suffer the losses in the future. WHEREFORE, Plaintiff, WYNETTE MACK, demands judgment for damages and costs against Defendant, SHEILA BROWN, and further demands a trial by jury of all issues herein. COUNT II - DANGEROUS INSTRUMENTALITY (As to Defendant, STUDENT TRANSPORTATION OF AMERICA, INC.) Plaintiff, WYNETTE MACK, re-alleges paragraphs 1 through 13 of this Complaint and incorporates them herein by reference as if each were fully set forth herein in their entirety and further alleges: Page 3 of 6 FARAH & FARAH, PA 14. At all times material hereto, Defendant, STUDENT TRANSPORTATION OF AMERICA, INC., owned, operated, and maintained a school bus with vehicle identification number 4DRBUC8N7MB152457. 15. On or about October 25, 2021, Defendant, STUDENT TRANSPORTATION OF AMERICA, INC., voluntarily entrusted Defendant, SHEILA BROWN, with operating the school bus described above. 16. Defendant, STUDENT TRANSPORTATION OF AMERICA, INC., is vicariously liable for Defendant, SHEILA BROWN’s negligent driving actions pursuant to the dangerous instrumentality doctrine. 17. As a direct and proximate result of the negligent driving actions of Defendant, SHEILA BROWN, Plaintiff, WYNETTE MACK, suffered permanent injuries within a degree of medical probability, resulting in associated pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, inconvenience, expense of medical care and treatment, loss of earnings, loss of ability to earn money, and/or aggravation of a previously existing condition. The losses are continuing and Plaintiff, WYNETTE MACK, will suffer the losses in the future. WHEREFORE, Plaintiff, WYNETTE MACK, demands judgment for damages and costs against Defendant, STUDENT TRANSPORTATION OF AMERICA, INC., and a trial by jury of all issues herein. Page 4 of 6 FARAH & FARAH, PA COUNT Il —-RESPONDEAT SUPERIOR (As to Defendant, STUDENT TRANSPORTATION OF AMERICA, INC.) Plaintiff, WYNETTE MACK, re-alleges paragraphs 1 through 13 of this Complaint and incorporates them herein by reference as if each were fully set forth herein in their entirety and further alleges: 18. At all times hereto, Defendant, SHEILA BROWN, was acting in the course and scope of her employment with Defendant, STUDENT TRANSPORTATION OF AMERICA, INC. 19. Defendant, STUDENT TRANSPORTATION OF AMERICA, INC., is liable for the negligent actions and omissions of Defendant, SHEILA BROWN, and resulting damages pursuant to the doctrine of respondeat superior. 20. As a direct and proximate result of the negligent driving actions of Defendant, SHEILA BROWN, Plaintiff, WYNETTE MACK, suffered permanent injuries within a degree of medical probability, resulting in associated pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, inconvenience, expense of medical care and treatment, loss of earnings, loss of ability to earn money, and/or aggravation of a previously existing condition. The losses are continuing and Plaintiff, WYNETTE MACK, will suffer the losses in the future. WHEREFORE, Plaintiff, WYNETTE MACK, demands judgment for damages and costs against Defendant, STUDENT TRANSPORTATION OF AMERICA, INC., and further demands a trial by jury of all issues herein. Dated this 17th day of November 2022. Page 5 of 6 FARAH & FARAH, PA FARAH & FARAH, P.A. the ANDREW D. SCOTT JR. (0117945) Attorney for Plaintiff 10 West Adams Street Jacksonville, FL 32202 (904) 730-1089 (telephone/facsimile) Primary: ascott@farahandfarah.com Secondary: jdeleon@farahandfarah.com Page 6 of 6 FARAH & FARAH, PA