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Filing# 161189513 E-Filed 11/14/2022 04:24:59 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN
AND FOR BROWARD COUNTY, FLORIDA
ADRIANA HINCAPIE and
NICHOLAS HINCAPIE, CASE NO: CACE 21-016648 (14)
Plaintiffs,
V.
JOSEPH BERNARD WEZKIEWICZ, JR,
JOSEPH BERNARD WEZKIEWICZ, IH, and
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
A ForeignCorporation,
Defendants.
i
PLAINTIFFS' FIRST AMENDED COMPLAINT
COMES NOW Adriana Hincapie and Nicholas Hincapie,by and through
the Plaintiffs,
their undersigned counsel, and hereby sues the Defendants Joseph Bernard Wezkiewicz, Jr.,
Joseph Bernard Wezkiewicz, III, individuals;and State Farm Mutual Automobile Insurance
Company, a foreigncorporation(hereinafter
"State Farm") as follows:
1. This is an action for damages which exceed the jurisdictional
requirementsof this
Court.
2. over the partiesand subjectmatter of this action in that:
This Court has jurisdiction
(a) Defendant Joseph Bernard Wezkiewicz, III,is a resident of Broward County,
Florida;
(b) Defendant Joseph Bernard Wezkiewicz, Jr., is a resident of Broward
County, Florida, and is the parent and/or natural guardian of Defendant
Joseph Bernard Wezkiewicz, III;
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/14/2022 04:24:57 PM.****
(c) Defendant State Farm is a foreigncorporationauthorized to and doing
business in Broward County, Florida. This court has jurisdiction
over
Defendant State Farm based on 48.193(1)(a),Florida Statutes;
(d) At all times material to this action,Defendant State Farm was authorized
to transact business and conduct business in the State of Florida,
maintained one or more agents or employees in Broward County, Florida,
and at all times material hereto, provided underinsured/uninsured motorist
coverage to Plaintiffs Adriana and Nicholas Hincapie;
(e) The incident giving rise to the instant action occurred in Broward County,
Florida;and
(f) All other conditions precedent to the bringing of this action have been
performed, have occurred or have been waived.
FACTS COMMON TO ALL COUNTS
3. On or about July 26, 2020, Defendant Joseph Bernard Wezkiewicz, III, was the
operator of a motor vehicle, more specificallya 2018 BMW bearing VIN No.
WBA8B9G54JNU96893, west bound on Interstate 595 near Davie Road in Davie, Broward
County, Florida.
4. Defendant Joseph Bernard Wezkiewicz, Jr.,was the owner of said motor vehicle,
more specifically
the 2018 BMW bearingVIN No. WBA8B9G54JNU96893.
5. At that time and place,Defendant Joseph Bernard Wezkiewicz, III, had a duty to
to operate his vehicle safelyand carefully,
other drivers on the road, including the Plaintiffs, in
keeping with all laws, statutes, and traffic conditions.
6. At that time and place,Defendant Joseph Bernard Wezkiewicz, III,breached his duty
to the Plaintiff by negligentlyoperatingand/or maintaining his 2018 BMW, causing it to collide
with the Plaintiffs' motor vehicle.
7. At the time and place of these events, Defendant Joseph Bernard Wezkiewicz, III,
was a minor driver under the age of eighteen,whose driver's license was requiredto be, and was
signed by his parent, Defendant Joseph Bernard Wezkiewicz, Jr.,as requiredby Florida Statutes
§322.09.
COUNT I -NEGLIGENCE CLAIM AGAINST DEFENDANT JOSEPH BERNARD
WEZKIEWICZ, III, BY PLAINTIFF ADRIANA HINCAPIE
Plaintiff Adriana Hincapie hereby re-allegesand incorporatesby reference Paragraphs
one (1)through seven (7)above as if fullyset forth herein and further alleges:
8. Defendant Joseph Bernard Wezkiewicz, III, negligentlyoperated or maintained his
motor vehicle causing it to impact the vehicle in which Plaintiff Adriana Hincapie was a
passenger.
9. As a direct and proximate result of the negligence of Defendant Joseph Bernard
Wezkiewicz, III,Plaintiff Adriana Hincapie suffered bodilyinjuryincludingpermanent injuryto
the body as a whole, pain and sufferingof both physical and mental nature, disability,
disfigurement,physical impairment, inconvenience, loss of capacity for the enjoyment of life,
aggravationof an existingcondition,expense of hospitalization,
medical and nursing care and
to lead and enjoy a normal life. These losses are either permanent or
treatment, and loss of ability
continuingin nature and Plaintiff will suffer these losses in the future.
WHEREFORE, Plaintiff Adriana Hincapie demands judgment for damages against
Defendant Joseph Bernard Wezkiewicz, III,includingcosts of this action,and further demands a
trial by jury on all and for such other relief as this Court
issues so triable, deems justand proper.
COUNT II-NEGLIGENCE CLAIM AGAINST DEFENDANT JOSEPH BERNARD
WEZKIEWICZ, III, BY PLAINTIFF NICHOLAS HINCAPIE
Plaintiff Nicholas Hincapie hereby re-allegesand incorporatesby reference each and
every factual allegationas contained in Paragraphs one (1)through seven (7) as if fullyset forth
herein and further alleges:
10. Defendant Joseph Bernard Wezkiewicz, III,negligentlyoperated or maintained his
motor vehicle causing it to impact the vehicle which PlaintiffNicholas Hincapie was operating.
11. As a direct and proximate result of the negligence of Defendant Joseph Bernard
Wezkiewicz, III,Plaintiff Nicholas Hincapie suffered bodilyinjuryincludingpermanent injuryto
the body as a whole, pain and sufferingof both physical and mental nature, disability,
physicalimpairment, inconvenience,
disfigurement, loss of capacityfor the enjoyment of life,
aggravation of an existingcondition, expense of hospitalization,
medical and nursing care and
to lead and enjoy a normal life. These losses are either permanent or
treatment, and loss of ability
continuingin nature and Plaintiff will suffer these losses in the future.
WHEREFORE, Plaintiff Nicholas Hincapie demands judgment for damages against
Defendant Joseph Bernard Wezkiewicz, III,includingcosts of this action,and further demands a
trial by jury on all and for such other relief as this Court
issues so triable, deems justand proper.
COUNT III-VICARIOUS NEGLIGENCE CLAIM AGAINST DEFENDANT
JOSEPH BERNARD WEZKIEWICZ, JR., BY PLAINTIFF ADRIANA HINCAPIE
Plaintiff Adriana and incorporatesherein by reference each and every
Hincapie re-alleges
factual as contained in Paragraphs one (1)through seven (7) as
allegation if fullyset forth herein
and would further state:
12. That by virtue of being the owner of the subjectvehicle,the 2018 BMW bearingVIN
No. WBA8B9G54JNU96893, Defendant Joseph Bernard Wezkiewicz, Jr.,is vicariouslynegligent
to the same degree as Defendant Joseph Bernard Wezkiewicz, III,based on Florida's Dangerous
Doctrine.
Instrumentality
13. As a direct and proximate result of the vicarious negligence of the Defendant,
Plaintiff Adriana Hincapie suffered bodily injuryincludingpermanent injuryto the body as a
whole, pain and sufferingof both physical and mental nature, disability,
disfigurement,physical
impairment,inconvenience, loss of capacityfor the enjoyment of life,aggravationof an existing
medical and nursing care and treatment, and loss of ability
condition,expense of hospitalization, to
lead and enjoy a normal life. These losses are either permanent or continuingin nature and
Plaintiffwill suffer these losses in the future.
WHEREFORE, Plaintiff Adriana Hincapie demands judgment for damages against
Defendant Joseph Bernard Wezkiewicz, Jr.,includingcosts ofthis action,and further demands a
trial by jury on all and for such other relief as this Court
issues so triable, deems justand proper.
COUNT IV-VICARIOUS NEGLIGENCE CLAIM AGAINST DEFENDANT
JOSEPH BERNARD WEZKIEWICZ, JR., BY PLAINTIFF NICHOLAS HINCAPIE
Plaintiff Nicholas Hincapie re-allegesand incorporatesherein by reference each and
as contained in Paragraphs one (1)through seven (7) as if fullyset forth
every factual allegation
herein and would further state:
14. That by virtue of being the owner of the subjectvehicle,the 2018 BMW bearing VIN
No. WBA8B9G54JNU96893, Defendant Joseph Bernard Wezkiewicz, Jr.,is vicariously
negligent
to the same degree as Defendant Joseph Bernard Wezkiewicz, III,based on Florida's Dangerous
Doctrine.
Instrumentality
15. As a direct and proximate result of the vicarious negligence of the Defendant,
Plaintiff Nicholas Hincapie suffered bodily injuryincludingpermanent injuryto the body as a
whole, pain and sufferingof both physical and mental nature, disability,
disfigurement,physical
impairment,inconvenience, loss of capacityfor the enjoyment of life,aggravationof an existing
medical and nursingcare and treatment, and loss of ability
condition,expense of hospitalization, to
lead and enjoy a normal life. These losses are either permanent or continuingin nature and
Plaintiffwill suffer these losses in the future.
WHEREFORE, Plaintiff Nicholas Hincapie demands judgment for damages against
Defendant Joseph Bernard Wezkiewicz, Jr.,includingcosts ofthis action,and further demands a
trial by jury on all and for such other relief as this Court
issues so triable, deems justand proper.
COUNT V - ACTION BY PLAINTIFF AGAINST DEFENDANT JOSEPH BERNARD
WEZKIEWICZ, JR., BY PLAINTIFF ADRIANA HINCAPIE PURSUANT TO FLA.
STAT. SECTION 322.09
Plaintiff Adriana Hincapie re-allegesand incorporatesherein by reference each and every
factual as contained in Paragraphs one (1)through seven (7) as
allegation if fullyset forth herein
and would further state:
16. Upon information and belief,as parent and natural guardian of Defendant Joseph
Bernard Wezkiewicz, III, Joseph Bernard Wezkiewicz, Jr., signed the driver's license
applicationof Defendant Joseph Bernard Wezkiewicz, III,at the time of obtainingDefendant
Joseph Bernard Wezkiewicz, III's license,in accordance with Fla. Stat. Section 322.09.
17. Defendant Joseph Bernard Wezkiewicz, Jr.,is directlyliable for the negligence of
Defendant Joseph Bernard Wezkiewicz, III, through the operation of imputed negligence
pursuant to Fla. Stat. Section 322.09(2).
18. As a direct and proximateresult of the negligenceof the Defendant, Plaintiff Adriana
Hincapie suffered bodily injury including permanent injury to the body as a whole, pain and
sufferingof both physical and mental nature, disability,
disfigurement,physical impairment,
inconvenience, loss of capacityfor the enjoyment of life,aggravationof an existingcondition,
expense of hospitalization,
medical and nursing care and treatment, and loss of ability
to lead and
enjoy a normal life. These losses are either permanent or continuingin nature and Plaintiff will
suffer these losses in the future.
WHEREFORE Plaintiff Adriana Hincapie demands judgment for damages against
Defendant Joseph Bernard Wezkiewicz, Jr.,for personalinjuryincludingthe losses enumerated
herein, costs, interest and for other such relief as may be justand equitableand otherwise deemed
proper by the Court.
COUNT VI - ACTION BY PLAINTIFF AGAINST DEFENDANT JOSEPH BERNARD
WEZKIEWICZ, JR., BY PLAINTIFF NICHOLAS HINCAPIE PURSUANT TO FLA.
STAT. SECTION 322.09
Plaintiff Nicholas Hincapie re-allegesand incorporatesherein by reference each and
as contained in Paragraphs one (1)through seven (7) as if fullyset forth
every factual allegation
herein and would further state:
19. Upon information and belief,as parent and natural guardian of Defendant Joseph
Bernard Wezkiewicz, III, Joseph Bernard Wezkiewicz, Jr., signed the driver's license
applicationof Defendant Joseph Bernard Wezkiewicz, III,at the time of obtainingDefendant
Joseph Bernard Wezkiewicz, III's license,in accordance with Fla. Stat. Section 322.09.
20. Defendant Joseph Bernard Wezkiewicz, Jr., is directlyliable for the negligence of
Defendant Joseph Bernard Wezkiewicz, III, through the operation of imputed negligence
pursuant to Fla. Stat. Section 322.09(2).
21. As a direct and proximate result of the negligence of the Defendant, Plaintiff
Nicholas Hincapie suffered bodilyinjuryincludingpermanent injuryto the body as a whole, pain
and sufferingof both physicaland mental nature, disability,
disfigurement,
physicalimpairment,
inconvenience, loss of capacityfor the enjoyment of life,aggravationof an existingcondition,
expense of hospitalization,
medical and nursing care and treatment, and loss of ability
to lead and
enjoy a normal life. These losses are either permanent or continuingin nature and Plaintiff will
suffer these losses in the future.
WHEREFORE Plaintiff Nicholas Hincapie demands judgment for damages against
Defendant Joseph Bernard Wezkiewicz, Jr.,for personalinjuryincludingthe losses enumerated
herein,costs, interest and for other such relief as may be justand equitableand otherwise deemed
proper by the Court.
COUNT VII-UNINSURED MOTORIST CLAIM AGAINST DEFENDANT STATE FARM
MUTUAL AUTOMOBILE INSURANCE COMPANY BY
PLAINTIFF ADRIANA HINCAPIE
Plaintiff Adriana and incorporatesherein by reference each and every
Hincapie re-alleges
factual allegationas contained in Paragraphs one (1)through seven (7) as if fullyset forth herein
and would further state:
22. Prior to the subjectaccident,Defendant State Farm issued and delivered to Plaintiff
Adriana Hincapie a policyof insurance numbered D203218-E10-59C, which was in full force and
effect on the date of the accident.
23. Under the terms o f the insurance policy, Defendant State Farm provided
Uninsured/Underinsured Motorist coverage for Plaintiff in the amount of $25,000/50,000.00
stackingcoverage.
24. Defendant State Farm has in its custody and control a copy of the insurance policy;
Plaintiff has requesteda copy, but as of the filingof this action,a copy has not been provided by
Defendant State Farm. Therefore, it is not attached to the Complaint.
25. At all times material to this action,Defendant Joseph Bernard Wezkiewicz, III,was
underinsured in that he carried insufficient liability
insurance coverage to protect Plaintiff,
and/or a
phantom vehicle is allegedby Defendant Joseph Bernard Wezkiewicz, III,to have caused the
collision.
26. Plaintiff Adriana Hincapie has furnished Defendant State Farm timely notice of the
automobile accident and proof of the claim for damages described above and has otherwise
performed all conditions precedentto entitle recovery under the Uninsured/Underinsured portionof
the policy,but Defendant refused to pay Plaintiff for the full value o f the claim.
27. As a direct and proximate result of" Defendant Joseph Bernard Wezkiewicz, III's
negligence,Plaintiff Adriana Hincapie suffered bodily injuryincludingpermanent injuryto the
body as a whole, pain and sufferingof both physicaland mental nature, disability,
disfigurement,
physicalimpairment,inconvenience, loss of capacityfor the enjoyment of life,aggravationof an
existingcondition,expense of hospitalization,
medical and nursing care and treatment, and loss of
to lead and enjoy a normal
ability life. These losses are either permanent or continuingin nature
and Plaintiff will suffer these losses in the future.
WHEREFORE, Plaintiff Adriana Hincapie respectfullyrequests this Court to enter a
judgment againstDefendant State Farm, for damages, costs, and for other relief deemed proper by
the Court.
COUNT VIII-UNINSURED MOTORIST CLAIM AGAINST DEFENDANT STATE FARM
MUTUAL AUTOMOBILE INSURANCE COMPANY BY
PLAINTIFF NICHOLAS HINCAPIE
Plaintiff Nicholas Hincapie re-allegesand incorporatesherein by reference each and
every factual allegationas contained in Paragraphs one (1)through seven (7) as if fullyset forth
herein and would further state:
28. Prior to the subjectaccident,Defendant State Farm issued and delivered to Plaintiff
Nicholas Hincapie a policyofinsurance numbered D203218-E10-59C, which was in full force and
effect on the date of the accident.
29. Under the terms of the insurance policy, Defendant State Farm provided
Uninsured/Underinsured Motorist coverage for Plaintiff in the amount of $25,000/50,000.00
stackingcoverage.
30. Defendant State Farm has in its custody and control a copy of the insurance policy;
Plaintiff has requesteda copy, but as of the filingof this action,a copy has not been provided by
Defendant State Farm. Therefore, it is not attached to the Complaint.
31. At all times material to this action,Defendant Joseph Bernard Wezkiewicz, III,was
underinsured in that he carried insufficient liability
insurance coverage to protect Plaintiff,
and/or a
phantom vehicle is allegedby Defendant Joseph Bernard Wezkiewicz, III, to have caused the
collision.
32. Plaintiff Nicholas Hincapie has furnished Defendant State Farm timely notice of the
automobile accident and proof of the claim for damages described above and has otherwise
performed all conditions precedentto entitle recovery under the Uninsured/Underinsured portionof
the policy,but Defendant refused to pay Plaintiff for the full value o f the claim.
33. As a direct and proximate result of' Defendant Joseph Bernard Wezkiewicz, III's
negligence,Plaintiff Nicholas Hincapie suffered bodily injuryincludingpermanent injuryto the
body as a whole, pain and sufferingof both physicaland mental nature, disability,
disfigurement,
physicalimpairment,inconvenience, loss of capacityfor the enjoyment of life,aggravationof an
existingcondition,expense of hospitalization,
medical and nursing care and treatment, and loss of
to lead and enjoy a normal
ability life. These losses are either permanent or continuingin nature
and Plaintiff will suffer these losses in the future.
WHEREFORE, Plaintiff Nicholas Hincapie respectfully
requests this Court to enter a
judgment againstDefendant State Farm, for damages, costs, and for other relief deemed proper by
the Court.
DEMAND FOR JURY TRIAL
Plaintiffs Adriana Hincapie and Nicholas Hincapie demand a trial by jury on all issues.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this
th
14 day o f November 2022, I filed the
electronically
foregoing with the Clerk of Courts using the Florida e-portalsystem which will send electronic
notice to all counsel of record.
RUBENSTEIN LAW, P.A.
Attorneys for Plaintiff
9130 S. Dadeland Blvd, PH
Miami, FL 33156
Tel: (305) 661-6000
Fax: (407) 987-6630
Email: klabertew@rubensteinlaw.corn
lbosch@rubensteinlaw.com
com
eservice@rubensteinlaw.
By: Jsl Karl W. Labertew
Karl W. Labertew, B.C.S.
Florida Bar No.. 0615234
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Filing# 161189513 E-Filed 11/14/2022 04:24:59 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA ADRIANA HINCAPIE and NICHOLAS HINCAPIE, CASE NO: CACE 21-016648 (14) Plaintiffs, V. JOSEPH BERNARD WEZKIEWICZ, JR, JOSEPH BERNARD WEZKIEWICZ, IH, and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, A ForeignCorporation, Defendants. i PLAINTIFFS' FIRST AMENDED COMPLAINT COMES NOW Adriana Hincapie and Nicholas Hincapie,by and through the Plaintiffs, their undersigned counsel, and hereby sues the Defendants Joseph Bernard Wezkiewicz, Jr., Joseph Bernard Wezkiewicz, III, individuals;and State Farm Mutual Automobile Insurance Company, a foreigncorporation(hereinafter "State Farm") as follows: 1. This is an action for damages which exceed the jurisdictional requirementsof this Court. 2. over the partiesand subjectmatter of this action in that: This Court has jurisdiction (a) Defendant Joseph Bernard Wezkiewicz, III,is a resident of Broward County, Florida; (b) Defendant Joseph Bernard Wezkiewicz, Jr., is a resident of Broward County, Florida, and is the parent and/or natural guardian of Defendant Joseph Bernard Wezkiewicz, III; *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 11/14/2022 04:24:57 PM.**** (c) Defendant State Farm is a foreigncorporationauthorized to and doing business in Broward County, Florida. This court has jurisdiction over Defendant State Farm based on 48.193(1)(a),Florida Statutes; (d) At all times material to this action,Defendant State Farm was authorized to transact business and conduct business in the State of Florida, maintained one or more agents or employees in Broward County, Florida, and at all times material hereto, provided underinsured/uninsured motorist coverage to Plaintiffs Adriana and Nicholas Hincapie; (e) The incident giving rise to the instant action occurred in Broward County, Florida;and (f) All other conditions precedent to the bringing of this action have been performed, have occurred or have been waived. FACTS COMMON TO ALL COUNTS 3. On or about July 26, 2020, Defendant Joseph Bernard Wezkiewicz, III, was the operator of a motor vehicle, more specificallya 2018 BMW bearing VIN No. WBA8B9G54JNU96893, west bound on Interstate 595 near Davie Road in Davie, Broward County, Florida. 4. Defendant Joseph Bernard Wezkiewicz, Jr.,was the owner of said motor vehicle, more specifically the 2018 BMW bearingVIN No. WBA8B9G54JNU96893. 5. At that time and place,Defendant Joseph Bernard Wezkiewicz, III, had a duty to to operate his vehicle safelyand carefully, other drivers on the road, including the Plaintiffs, in keeping with all laws, statutes, and traffic conditions. 6. At that time and place,Defendant Joseph Bernard Wezkiewicz, III,breached his duty to the Plaintiff by negligentlyoperatingand/or maintaining his 2018 BMW, causing it to collide with the Plaintiffs' motor vehicle. 7. At the time and place of these events, Defendant Joseph Bernard Wezkiewicz, III, was a minor driver under the age of eighteen,whose driver's license was requiredto be, and was signed by his parent, Defendant Joseph Bernard Wezkiewicz, Jr.,as requiredby Florida Statutes §322.09. COUNT I -NEGLIGENCE CLAIM AGAINST DEFENDANT JOSEPH BERNARD WEZKIEWICZ, III, BY PLAINTIFF ADRIANA HINCAPIE Plaintiff Adriana Hincapie hereby re-allegesand incorporatesby reference Paragraphs one (1)through seven (7)above as if fullyset forth herein and further alleges: 8. Defendant Joseph Bernard Wezkiewicz, III, negligentlyoperated or maintained his motor vehicle causing it to impact the vehicle in which Plaintiff Adriana Hincapie was a passenger. 9. As a direct and proximate result of the negligence of Defendant Joseph Bernard Wezkiewicz, III,Plaintiff Adriana Hincapie suffered bodilyinjuryincludingpermanent injuryto the body as a whole, pain and sufferingof both physical and mental nature, disability, disfigurement,physical impairment, inconvenience, loss of capacity for the enjoyment of life, aggravationof an existingcondition,expense of hospitalization, medical and nursing care and to lead and enjoy a normal life. These losses are either permanent or treatment, and loss of ability continuingin nature and Plaintiff will suffer these losses in the future. WHEREFORE, Plaintiff Adriana Hincapie demands judgment for damages against Defendant Joseph Bernard Wezkiewicz, III,includingcosts of this action,and further demands a trial by jury on all and for such other relief as this Court issues so triable, deems justand proper. COUNT II-NEGLIGENCE CLAIM AGAINST DEFENDANT JOSEPH BERNARD WEZKIEWICZ, III, BY PLAINTIFF NICHOLAS HINCAPIE Plaintiff Nicholas Hincapie hereby re-allegesand incorporatesby reference each and every factual allegationas contained in Paragraphs one (1)through seven (7) as if fullyset forth herein and further alleges: 10. Defendant Joseph Bernard Wezkiewicz, III,negligentlyoperated or maintained his motor vehicle causing it to impact the vehicle which PlaintiffNicholas Hincapie was operating. 11. As a direct and proximate result of the negligence of Defendant Joseph Bernard Wezkiewicz, III,Plaintiff Nicholas Hincapie suffered bodilyinjuryincludingpermanent injuryto the body as a whole, pain and sufferingof both physical and mental nature, disability, physicalimpairment, inconvenience, disfigurement, loss of capacityfor the enjoyment of life, aggravation of an existingcondition, expense of hospitalization, medical and nursing care and to lead and enjoy a normal life. These losses are either permanent or treatment, and loss of ability continuingin nature and Plaintiff will suffer these losses in the future. WHEREFORE, Plaintiff Nicholas Hincapie demands judgment for damages against Defendant Joseph Bernard Wezkiewicz, III,includingcosts of this action,and further demands a trial by jury on all and for such other relief as this Court issues so triable, deems justand proper. COUNT III-VICARIOUS NEGLIGENCE CLAIM AGAINST DEFENDANT JOSEPH BERNARD WEZKIEWICZ, JR., BY PLAINTIFF ADRIANA HINCAPIE Plaintiff Adriana and incorporatesherein by reference each and every Hincapie re-alleges factual as contained in Paragraphs one (1)through seven (7) as allegation if fullyset forth herein and would further state: 12. That by virtue of being the owner of the subjectvehicle,the 2018 BMW bearingVIN No. WBA8B9G54JNU96893, Defendant Joseph Bernard Wezkiewicz, Jr.,is vicariouslynegligent to the same degree as Defendant Joseph Bernard Wezkiewicz, III,based on Florida's Dangerous Doctrine. Instrumentality 13. As a direct and proximate result of the vicarious negligence of the Defendant, Plaintiff Adriana Hincapie suffered bodily injuryincludingpermanent injuryto the body as a whole, pain and sufferingof both physical and mental nature, disability, disfigurement,physical impairment,inconvenience, loss of capacityfor the enjoyment of life,aggravationof an existing medical and nursing care and treatment, and loss of ability condition,expense of hospitalization, to lead and enjoy a normal life. These losses are either permanent or continuingin nature and Plaintiffwill suffer these losses in the future. WHEREFORE, Plaintiff Adriana Hincapie demands judgment for damages against Defendant Joseph Bernard Wezkiewicz, Jr.,includingcosts ofthis action,and further demands a trial by jury on all and for such other relief as this Court issues so triable, deems justand proper. COUNT IV-VICARIOUS NEGLIGENCE CLAIM AGAINST DEFENDANT JOSEPH BERNARD WEZKIEWICZ, JR., BY PLAINTIFF NICHOLAS HINCAPIE Plaintiff Nicholas Hincapie re-allegesand incorporatesherein by reference each and as contained in Paragraphs one (1)through seven (7) as if fullyset forth every factual allegation herein and would further state: 14. That by virtue of being the owner of the subjectvehicle,the 2018 BMW bearing VIN No. WBA8B9G54JNU96893, Defendant Joseph Bernard Wezkiewicz, Jr.,is vicariously negligent to the same degree as Defendant Joseph Bernard Wezkiewicz, III,based on Florida's Dangerous Doctrine. Instrumentality 15. As a direct and proximate result of the vicarious negligence of the Defendant, Plaintiff Nicholas Hincapie suffered bodily injuryincludingpermanent injuryto the body as a whole, pain and sufferingof both physical and mental nature, disability, disfigurement,physical impairment,inconvenience, loss of capacityfor the enjoyment of life,aggravationof an existing medical and nursingcare and treatment, and loss of ability condition,expense of hospitalization, to lead and enjoy a normal life. These losses are either permanent or continuingin nature and Plaintiffwill suffer these losses in the future. WHEREFORE, Plaintiff Nicholas Hincapie demands judgment for damages against Defendant Joseph Bernard Wezkiewicz, Jr.,includingcosts ofthis action,and further demands a trial by jury on all and for such other relief as this Court issues so triable, deems justand proper. COUNT V - ACTION BY PLAINTIFF AGAINST DEFENDANT JOSEPH BERNARD WEZKIEWICZ, JR., BY PLAINTIFF ADRIANA HINCAPIE PURSUANT TO FLA. STAT. SECTION 322.09 Plaintiff Adriana Hincapie re-allegesand incorporatesherein by reference each and every factual as contained in Paragraphs one (1)through seven (7) as allegation if fullyset forth herein and would further state: 16. Upon information and belief,as parent and natural guardian of Defendant Joseph Bernard Wezkiewicz, III, Joseph Bernard Wezkiewicz, Jr., signed the driver's license applicationof Defendant Joseph Bernard Wezkiewicz, III,at the time of obtainingDefendant Joseph Bernard Wezkiewicz, III's license,in accordance with Fla. Stat. Section 322.09. 17. Defendant Joseph Bernard Wezkiewicz, Jr.,is directlyliable for the negligence of Defendant Joseph Bernard Wezkiewicz, III, through the operation of imputed negligence pursuant to Fla. Stat. Section 322.09(2). 18. As a direct and proximateresult of the negligenceof the Defendant, Plaintiff Adriana Hincapie suffered bodily injury including permanent injury to the body as a whole, pain and sufferingof both physical and mental nature, disability, disfigurement,physical impairment, inconvenience, loss of capacityfor the enjoyment of life,aggravationof an existingcondition, expense of hospitalization, medical and nursing care and treatment, and loss of ability to lead and enjoy a normal life. These losses are either permanent or continuingin nature and Plaintiff will suffer these losses in the future. WHEREFORE Plaintiff Adriana Hincapie demands judgment for damages against Defendant Joseph Bernard Wezkiewicz, Jr.,for personalinjuryincludingthe losses enumerated herein, costs, interest and for other such relief as may be justand equitableand otherwise deemed proper by the Court. COUNT VI - ACTION BY PLAINTIFF AGAINST DEFENDANT JOSEPH BERNARD WEZKIEWICZ, JR., BY PLAINTIFF NICHOLAS HINCAPIE PURSUANT TO FLA. STAT. SECTION 322.09 Plaintiff Nicholas Hincapie re-allegesand incorporatesherein by reference each and as contained in Paragraphs one (1)through seven (7) as if fullyset forth every factual allegation herein and would further state: 19. Upon information and belief,as parent and natural guardian of Defendant Joseph Bernard Wezkiewicz, III, Joseph Bernard Wezkiewicz, Jr., signed the driver's license applicationof Defendant Joseph Bernard Wezkiewicz, III,at the time of obtainingDefendant Joseph Bernard Wezkiewicz, III's license,in accordance with Fla. Stat. Section 322.09. 20. Defendant Joseph Bernard Wezkiewicz, Jr., is directlyliable for the negligence of Defendant Joseph Bernard Wezkiewicz, III, through the operation of imputed negligence pursuant to Fla. Stat. Section 322.09(2). 21. As a direct and proximate result of the negligence of the Defendant, Plaintiff Nicholas Hincapie suffered bodilyinjuryincludingpermanent injuryto the body as a whole, pain and sufferingof both physicaland mental nature, disability, disfigurement, physicalimpairment, inconvenience, loss of capacityfor the enjoyment of life,aggravationof an existingcondition, expense of hospitalization, medical and nursing care and treatment, and loss of ability to lead and enjoy a normal life. These losses are either permanent or continuingin nature and Plaintiff will suffer these losses in the future. WHEREFORE Plaintiff Nicholas Hincapie demands judgment for damages against Defendant Joseph Bernard Wezkiewicz, Jr.,for personalinjuryincludingthe losses enumerated herein,costs, interest and for other such relief as may be justand equitableand otherwise deemed proper by the Court. COUNT VII-UNINSURED MOTORIST CLAIM AGAINST DEFENDANT STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY BY PLAINTIFF ADRIANA HINCAPIE Plaintiff Adriana and incorporatesherein by reference each and every Hincapie re-alleges factual allegationas contained in Paragraphs one (1)through seven (7) as if fullyset forth herein and would further state: 22. Prior to the subjectaccident,Defendant State Farm issued and delivered to Plaintiff Adriana Hincapie a policyof insurance numbered D203218-E10-59C, which was in full force and effect on the date of the accident. 23. Under the terms o f the insurance policy, Defendant State Farm provided Uninsured/Underinsured Motorist coverage for Plaintiff in the amount of $25,000/50,000.00 stackingcoverage. 24. Defendant State Farm has in its custody and control a copy of the insurance policy; Plaintiff has requesteda copy, but as of the filingof this action,a copy has not been provided by Defendant State Farm. Therefore, it is not attached to the Complaint. 25. At all times material to this action,Defendant Joseph Bernard Wezkiewicz, III,was underinsured in that he carried insufficient liability insurance coverage to protect Plaintiff, and/or a phantom vehicle is allegedby Defendant Joseph Bernard Wezkiewicz, III,to have caused the collision. 26. Plaintiff Adriana Hincapie has furnished Defendant State Farm timely notice of the automobile accident and proof of the claim for damages described above and has otherwise performed all conditions precedentto entitle recovery under the Uninsured/Underinsured portionof the policy,but Defendant refused to pay Plaintiff for the full value o f the claim. 27. As a direct and proximate result of" Defendant Joseph Bernard Wezkiewicz, III's negligence,Plaintiff Adriana Hincapie suffered bodily injuryincludingpermanent injuryto the body as a whole, pain and sufferingof both physicaland mental nature, disability, disfigurement, physicalimpairment,inconvenience, loss of capacityfor the enjoyment of life,aggravationof an existingcondition,expense of hospitalization, medical and nursing care and treatment, and loss of to lead and enjoy a normal ability life. These losses are either permanent or continuingin nature and Plaintiff will suffer these losses in the future. WHEREFORE, Plaintiff Adriana Hincapie respectfullyrequests this Court to enter a judgment againstDefendant State Farm, for damages, costs, and for other relief deemed proper by the Court. COUNT VIII-UNINSURED MOTORIST CLAIM AGAINST DEFENDANT STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY BY PLAINTIFF NICHOLAS HINCAPIE Plaintiff Nicholas Hincapie re-allegesand incorporatesherein by reference each and every factual allegationas contained in Paragraphs one (1)through seven (7) as if fullyset forth herein and would further state: 28. Prior to the subjectaccident,Defendant State Farm issued and delivered to Plaintiff Nicholas Hincapie a policyofinsurance numbered D203218-E10-59C, which was in full force and effect on the date of the accident. 29. Under the terms of the insurance policy, Defendant State Farm provided Uninsured/Underinsured Motorist coverage for Plaintiff in the amount of $25,000/50,000.00 stackingcoverage. 30. Defendant State Farm has in its custody and control a copy of the insurance policy; Plaintiff has requesteda copy, but as of the filingof this action,a copy has not been provided by Defendant State Farm. Therefore, it is not attached to the Complaint. 31. At all times material to this action,Defendant Joseph Bernard Wezkiewicz, III,was underinsured in that he carried insufficient liability insurance coverage to protect Plaintiff, and/or a phantom vehicle is allegedby Defendant Joseph Bernard Wezkiewicz, III, to have caused the collision. 32. Plaintiff Nicholas Hincapie has furnished Defendant State Farm timely notice of the automobile accident and proof of the claim for damages described above and has otherwise performed all conditions precedentto entitle recovery under the Uninsured/Underinsured portionof the policy,but Defendant refused to pay Plaintiff for the full value o f the claim. 33. As a direct and proximate result of' Defendant Joseph Bernard Wezkiewicz, III's negligence,Plaintiff Nicholas Hincapie suffered bodily injuryincludingpermanent injuryto the body as a whole, pain and sufferingof both physicaland mental nature, disability, disfigurement, physicalimpairment,inconvenience, loss of capacityfor the enjoyment of life,aggravationof an existingcondition,expense of hospitalization, medical and nursing care and treatment, and loss of to lead and enjoy a normal ability life. These losses are either permanent or continuingin nature and Plaintiff will suffer these losses in the future. WHEREFORE, Plaintiff Nicholas Hincapie respectfully requests this Court to enter a judgment againstDefendant State Farm, for damages, costs, and for other relief deemed proper by the Court. DEMAND FOR JURY TRIAL Plaintiffs Adriana Hincapie and Nicholas Hincapie demand a trial by jury on all issues. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this th 14 day o f November 2022, I filed the electronically foregoing with the Clerk of Courts using the Florida e-portalsystem which will send electronic notice to all counsel of record. RUBENSTEIN LAW, P.A. Attorneys for Plaintiff 9130 S. Dadeland Blvd, PH Miami, FL 33156 Tel: (305) 661-6000 Fax: (407) 987-6630 Email: klabertew@rubensteinlaw.corn lbosch@rubensteinlaw.com com eservice@rubensteinlaw. By: Jsl Karl W. Labertew Karl W. Labertew, B.C.S. Florida Bar No.. 0615234