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Filing # 169108452 E-Filed 03/20/2023 01:09:16 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO:
LUIS ANTONIO DAVILA,
Plaintiff,
vs.
RALPH JACQUES AND
ABS LOGISTIC SERVICES INC,
Defendants.
/
COMPLAINT
COMES NOW the Plaintiff, LUIS ANTONIO DAVILA, through the undersigned attorneys,
and sues the Defendants, RALPH JACQUES AND ABS LOGISTIC SERVICES INC, and states
as follows:
1. This is an action for damages that exceeds the sum of FIFTY THOUSAND
DOLLARS ($50,000.00), exclusive of costs, interest and attorneys’ fees (The estimated value of
Plaintiff’s claim is in excess of the minimum jurisdictional threshold required by this Court).
Accordingly, Plaintiff has entered “$50,001” in the civil cover sheet for the “estimated amount of the
claim” as required in the preamble to the civil cover sheet for jurisdictional purposes only (the Florida
Supreme Court has ordered that the estimated “amount of claim” be set forth in the civil cover sheet
for data collection and clerical purposes only). The actual value of Plaintiff’s claim will be determined
by a fair and just jury in accordance with Article 1, Section 21, Fla. Const.
2. At all times material to this action, Plaintiff was a natural person residing in Osceola
County, Florida.
3. At all times material to this action, Defendant driver, RALPH JACQUES, was a
natural person residing in Polk County, Florida.
4. At all times material to this action, Defendant, HOME DEPOT USA, INC. is a
Florida corporation, authorized to and conducting business in Osceola County, Florida.
5. Venue f proper in Osceola County because that is where the collison giving rise to this
action occurred.
FACTS REGARDING THE CRASH
6. On or about November 16, 2022, Plaintiff was a bicyclist on South Poinciana
Boulevard, in front of 1645 South Poinciana Boulevard, Kissimmee, Osceola County, Florida.
7. At that time and place, Defendant, RALPH JACQUES, was operating a motor
vehicle owned by Defendant, HOME DEPOT USA, INC, on South Poinciana Boulevard, in front
of 1645 South Poinciana Boulevard, Kissimmee, Osceola, Florida.
8. Defendant, RALPH JACQUES, was operating and driving the motor vehicle with
the permission and consent of its owner, Defendant, HOME DEPOT USA, INC.
9. At that time and place, Defendant, RALPH JACQUES, negligently operated and/or
maintained the motor vehicle so that it collided with Plaintiff's bicycle.
10. At that time and place, Defendant, RALPH JACQUES, was operating a motor
vehicle owned by Defendant, HOME DEPOT USA, INC. with the permission and consent of
Defendant, HOME DEPOT USA, INC., and while in the course and scope of his employment.
COUNT 1- NEGLIGENCE AGAINST RALPH JACQUES
11. Plaintiff adopts and realleges the allegations contained within paragraphs 1 through
10, above and incorporates them by reference, and further states:
12. Defendant, RALPH JACQUES, had a duty to operate his vehicle in a reasonable and
safe manner and to know of and abide of all state and federal laws, statutes, and regulations governing
the safe operation of motor vehicles.
13. On or about November 16, 2022, Defendant, RALPH JACQUES, negligently and
carelessly operated his vehicle by failing to maintain proper awareness and lookout for traffic ahead
at or near South Poinciana Boulevard, in front of 1645 South Poinciana Boulevard, Kissimmee, in
Osceola County, Florida, causing a collision with the Plaintiff’s bicycle causing him to sustain
injuries therein.
14. As a direct and proximate cause of Defendants' negligence, Plaintiff, LUIS
ANTONIO DAVILA, suffered bodily injury including a permanent injury to the body as a whole,
pain and suffering of both a physical and mental nature, disability, physical impairment,
disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, aggravation
of an existing condition, expense of hospitalization, medical and nursing care and treatment, loss of
earnings, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The losses
are either permanent or continuing and Plaintiff will suffer the losses in the future.
COUNT II-VICARIOUS LIABILITY OF DEFENDANT HOME DEPOST USA, INC.
15. Plaintiff, adopts and realleges those allegations contained within paragraphs 1 through
10 above and incorporates them herein by reference, and further states:
16. At all times material hereto, Defendant, RALPH JACQUES, was operating a vehicle
within the course and scope of his employment with Defendant, HOME DEPOT USA, INC.
17. Defendant, HOME DEPOT USA INC, is vicariously liable for the negligence of
Defendant, RALPH JACQUES, pursuant to the Florida Dangerous Instrumentality Doctrine and
vicariously liable pursuant to RALPH JACQUES being under the course and scope of his
employment.
18. As a direct and proximate cause of Defendants' negligence, Plaintiff, LUIS
ANTONIO DAVILA, suffered bodily injury including a permanent injury to the body as a whole,
pain and suffering of both a physical and mental nature, disability, physical impairment,
disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, aggravation
of an existing condition, expense of hospitalization, medical and nursing care and treatment, loss of
earnings, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The losses
are either permanent or continuing and Plaintiff will suffer the losses in the future.
WHEREFORE, Plaintiff, LUIS ANTONIO DAVILA, demands judgment for damages
against Defendants, RALPH JACQUES and HOME DEPOT USA INC, and other such relief
deemed proper by the Court. Plaintiff also demands a jury trial on all issues so triable.
RESPECTFULLY submitted this 20th day of March, 2023.
s/ Manuel Stefan, Esq.
Manuel “Manny” Stefan, Esq.
Florida Bar No.: 0103389
MORGAN & MORGAN, P.A.
4495 South Semoran Blvd.
Orlando, FL 32822
Telephone No.: (407) 452-6982
Facsimile No.: (407) 572-0124
Primary email: MStefan@forthepeople.com
Secondary email: cvictor@forthepeople.com
Attorney for Plaintiff
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Filing # 169108452 E-Filed 03/20/2023 01:09:16 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO: LUIS ANTONIO DAVILA, Plaintiff, vs. RALPH JACQUES AND ABS LOGISTIC SERVICES INC, Defendants. / COMPLAINT COMES NOW the Plaintiff, LUIS ANTONIO DAVILA, through the undersigned attorneys, and sues the Defendants, RALPH JACQUES AND ABS LOGISTIC SERVICES INC, and states as follows: 1. This is an action for damages that exceeds the sum of FIFTY THOUSAND DOLLARS ($50,000.00), exclusive of costs, interest and attorneys’ fees (The estimated value of Plaintiff’s claim is in excess of the minimum jurisdictional threshold required by this Court). Accordingly, Plaintiff has entered “$50,001” in the civil cover sheet for the “estimated amount of the claim” as required in the preamble to the civil cover sheet for jurisdictional purposes only (the Florida Supreme Court has ordered that the estimated “amount of claim” be set forth in the civil cover sheet for data collection and clerical purposes only). The actual value of Plaintiff’s claim will be determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const. 2. At all times material to this action, Plaintiff was a natural person residing in Osceola County, Florida. 3. At all times material to this action, Defendant driver, RALPH JACQUES, was a natural person residing in Polk County, Florida. 4. At all times material to this action, Defendant, HOME DEPOT USA, INC. is a Florida corporation, authorized to and conducting business in Osceola County, Florida. 5. Venue f proper in Osceola County because that is where the collison giving rise to this action occurred. FACTS REGARDING THE CRASH 6. On or about November 16, 2022, Plaintiff was a bicyclist on South Poinciana Boulevard, in front of 1645 South Poinciana Boulevard, Kissimmee, Osceola County, Florida. 7. At that time and place, Defendant, RALPH JACQUES, was operating a motor vehicle owned by Defendant, HOME DEPOT USA, INC, on South Poinciana Boulevard, in front of 1645 South Poinciana Boulevard, Kissimmee, Osceola, Florida. 8. Defendant, RALPH JACQUES, was operating and driving the motor vehicle with the permission and consent of its owner, Defendant, HOME DEPOT USA, INC. 9. At that time and place, Defendant, RALPH JACQUES, negligently operated and/or maintained the motor vehicle so that it collided with Plaintiff's bicycle. 10. At that time and place, Defendant, RALPH JACQUES, was operating a motor vehicle owned by Defendant, HOME DEPOT USA, INC. with the permission and consent of Defendant, HOME DEPOT USA, INC., and while in the course and scope of his employment. COUNT 1- NEGLIGENCE AGAINST RALPH JACQUES 11. Plaintiff adopts and realleges the allegations contained within paragraphs 1 through 10, above and incorporates them by reference, and further states: 12. Defendant, RALPH JACQUES, had a duty to operate his vehicle in a reasonable and safe manner and to know of and abide of all state and federal laws, statutes, and regulations governing the safe operation of motor vehicles. 13. On or about November 16, 2022, Defendant, RALPH JACQUES, negligently and carelessly operated his vehicle by failing to maintain proper awareness and lookout for traffic ahead at or near South Poinciana Boulevard, in front of 1645 South Poinciana Boulevard, Kissimmee, in Osceola County, Florida, causing a collision with the Plaintiff’s bicycle causing him to sustain injuries therein. 14. As a direct and proximate cause of Defendants' negligence, Plaintiff, LUIS ANTONIO DAVILA, suffered bodily injury including a permanent injury to the body as a whole, pain and suffering of both a physical and mental nature, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, aggravation of an existing condition, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. COUNT II-VICARIOUS LIABILITY OF DEFENDANT HOME DEPOST USA, INC. 15. Plaintiff, adopts and realleges those allegations contained within paragraphs 1 through 10 above and incorporates them herein by reference, and further states: 16. At all times material hereto, Defendant, RALPH JACQUES, was operating a vehicle within the course and scope of his employment with Defendant, HOME DEPOT USA, INC. 17. Defendant, HOME DEPOT USA INC, is vicariously liable for the negligence of Defendant, RALPH JACQUES, pursuant to the Florida Dangerous Instrumentality Doctrine and vicariously liable pursuant to RALPH JACQUES being under the course and scope of his employment. 18. As a direct and proximate cause of Defendants' negligence, Plaintiff, LUIS ANTONIO DAVILA, suffered bodily injury including a permanent injury to the body as a whole, pain and suffering of both a physical and mental nature, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, aggravation of an existing condition, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. WHEREFORE, Plaintiff, LUIS ANTONIO DAVILA, demands judgment for damages against Defendants, RALPH JACQUES and HOME DEPOT USA INC, and other such relief deemed proper by the Court. Plaintiff also demands a jury trial on all issues so triable. RESPECTFULLY submitted this 20th day of March, 2023. s/ Manuel Stefan, Esq. Manuel “Manny” Stefan, Esq. Florida Bar No.: 0103389 MORGAN & MORGAN, P.A. 4495 South Semoran Blvd. Orlando, FL 32822 Telephone No.: (407) 452-6982 Facsimile No.: (407) 572-0124 Primary email: MStefan@forthepeople.com Secondary email: cvictor@forthepeople.com Attorney for Plaintiff