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Filing # 188979291 E-Filed 01/03/2024 10:48:33 AM
IN THE CIRCUIT COURT OF THE 19TH
JUDICIAL CIRCUIT IN AND FOR
ST. LUCIE COUNTY, FLORIDA
CASE NO.:
562024CA000014AXXXHC
STEVEN D. DARLIN,
Plaintiff,
Vv.
JONATHAN S. CLARK and
VENTURE THREE, INC.
a Florida Non-Profit Corporation,
Defendants.
/
COMPLAINT
COMES NOW, Plaintiff, STEVEN D. DARLIN, by and through his undersigned
attorneys, and hereby sues Defendants, JONATHAN S. CLARK and VENTURE THREE, INC.,
a Florida Non-Profit Corporation (“VENTURE”) and alleges:
1 This is an action for damages in excess of Fifteen Thousand Dollars ($50,000.00),
exclusive of costs, interest, and attorneys’ fees.
2. At all times material hereto, Plaintiff, STEVEN D. DARLIN, was and is a
resident of Martin County, Florida and was and is sui juris.
3 At all times material hereto, Defendant, JONATHAN S. CLARK, was and is a
resident of Wayne County, Michigan.
4 At all times material hereto, Defendant, VENTURE THREE, INC. (hereinafter
referred to as “VENTURE”), was and is a Florida Non-Profit Corporation, which maintains
offices for the regular transaction of business in Martin County, Florida.
5 Venue is proper in this Court as the incident giving rise to this litigation occurred
in unincorporated St. Lucie County, Florida.
FACTS GIVING RISE TO CAUSE OF ACTION
6 On or about August 18, 2023, Defendant, JONATHAN S. CLARK, was the
owner/operator of a 2022 black Chevrolet, bearing Michigan Vehicle License Number 6PRL70,
VIN 1GNSKEKL7NR126387, traveling in the VENTURE community on Sheepshead Road near
the intersection of S. Sailfish, in unincorporated St. Lucie County, Florida.
7 At that time and place, Plaintiff, STEVEN D. DARLIN, was the operator of a
bicycle, also traveling in the VENTURE community on Sheepshead Road near the intersection
of S. Sailfish, in unincorporated St. Lucie County, Florida.
8 At that time and place, Defendant, VENTURE, was responsible for the
maintenance and safety within the community, including to provide safe roadways, with clearly
defined travel lanes for motor vehicles and bicycles and clearly defined directions of travel for
both bicycles and motor vehicles.
9 At that time and place, there was a collision between the vehicle operated by
Defendant, JONATHAN S. CLARK, and the bicycle operated by Plaintiff, STEVEN D.
DARLIN.
10. As a result of the negligence of both JONATHAN S. CLARK and VENTURE,
Plaintiff, STEVEN D. DARLIN, suffered serious bodily injuries as a result.
COUNT I - STEVEN D. DARLIN’S CLAIM OF NEGLIGENCE AGAINST
DEFENDANT, JONATHAN S. CLARK
Plaintiff, STEVEN D. DARLIN, hereby incorporates and re-alleges paragraphs | through
10 above, as though they had been fully set forth herein and further states:
ll. At all times material hereto, Defendant, JONATHAN S. CLARK, negligently
operated and/or maintained said motor vehicle, so that it collided with the bicycle wherein the
Plaintiff, STEVEN D. DARLIN, was operating.
12. The negligence of Defendant, JONATHAN S. CLARK, includes, but is not
limited to:
A. Failure to maintain his lane of travel.
B. Failure to yield to cyclists traveling in the proper lane of travel.
C. Failure to be on the lookout for cyclists and pedestrians alike.
13. As a result of said negligence, Plaintiff, STEVEN D. DARLIN, 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 these losses in the future.
WHEREFORE, Plaintiff, STEVEN D. DARLIN, demands judgment in his favor against
Defendant, JONATHAN S. CLARK, in excess of the minimum jurisdictional limits of this Court
for compensatory damages, including incidental and consequential damages, post-judgment
interest, costs, and for any other relief this Court deems just and proper.
COUNT II - STEVEN D. DARLIN’S CLAIM OF NEGLIGENCE AGAINST VENTURE
THREE, INC.
Plaintiff, STEVEN D. DARLIN, hereby incorporates and re-alleges paragraph 1 through
10 above, as though they had been fully set forth herein and further states:
14. At all times material hereto, Defendant, VENTURE, is the homeowners
association for the community wherein Plaintiff, STEVEN D. DARLIN, was lawfully living,
temporarily, as a renter.
15. At all times material hereto, Defendant, JONATHAN S. CLARK, was allowed to
enter, with his vehicle, onto the VENTURE property for reasons that are unclear at the time of
the drafting of this Complaint, as Defendant, JONATHAN S. CLARK, was not a resident within
the VENTURE community.
16. The roadways within the VENTURE community do not have defined bike lanes
or clearly marked directions of travel for both motor vehicles and bicycles within the VENTURE
community.
17. While Plaintiff, STEVEN D. DARLIN, was lawfully operating his bicycle within
the VENTURE community, the vehicle operated by Defendant, JONATHAN S. CLARK, failed
to maintain its lane and struck Plaintiff, STEVEN D. DARLIN, causing serious injuries.
18. As a result of said negligence of VENTURE, Plaintiff, STEVEN D. DARLIN,
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 these losses in the future.
WHEREFORE, Plaintiff, STEVEN D. DARLIN, demands judgment in his favor against
Defendant, VENTURE, in excess of the minimum jurisdictional limits of this Court for
compensatory damages, including incidental and consequential damages, post-judgment interest,
costs, and for any other relief this Court deems just and proper.
DEMAND FOR JURY TRIAL
Plaintiff demands trial by jury on all issues triable as of right by jury.
DATED this 3rd day of January 2024.
By: /s/ MichaelJ. Wood, Esq.
MICHAEL J. WOOD, ESQ.
Fla. Bar No.: 42970
BELAYNE GUERRERO, ESQ.
Fla. Bar No.: 21659
GUERRERO WOOD LAW
5190 NW 167th Street, Suite 215
Miami, FL 33014
(954) 263 - 1388 Telephone
(954) 301 - 8585 Facsimile
Attorneys for Plaintiff
Service Address: MJWpleadings@g-wlaw.com
BDGpleadings@g-wlaw.com
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Filing # 188979291 E-Filed 01/03/2024 10:48:33 AM IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA CASE NO.: 562024CA000014AXXXHC STEVEN D. DARLIN, Plaintiff, Vv. JONATHAN S. CLARK and VENTURE THREE, INC. a Florida Non-Profit Corporation, Defendants. / COMPLAINT COMES NOW, Plaintiff, STEVEN D. DARLIN, by and through his undersigned attorneys, and hereby sues Defendants, JONATHAN S. CLARK and VENTURE THREE, INC., a Florida Non-Profit Corporation (“VENTURE”) and alleges: 1 This is an action for damages in excess of Fifteen Thousand Dollars ($50,000.00), exclusive of costs, interest, and attorneys’ fees. 2. At all times material hereto, Plaintiff, STEVEN D. DARLIN, was and is a resident of Martin County, Florida and was and is sui juris. 3 At all times material hereto, Defendant, JONATHAN S. CLARK, was and is a resident of Wayne County, Michigan. 4 At all times material hereto, Defendant, VENTURE THREE, INC. (hereinafter referred to as “VENTURE”), was and is a Florida Non-Profit Corporation, which maintains offices for the regular transaction of business in Martin County, Florida. 5 Venue is proper in this Court as the incident giving rise to this litigation occurred in unincorporated St. Lucie County, Florida. FACTS GIVING RISE TO CAUSE OF ACTION 6 On or about August 18, 2023, Defendant, JONATHAN S. CLARK, was the owner/operator of a 2022 black Chevrolet, bearing Michigan Vehicle License Number 6PRL70, VIN 1GNSKEKL7NR126387, traveling in the VENTURE community on Sheepshead Road near the intersection of S. Sailfish, in unincorporated St. Lucie County, Florida. 7 At that time and place, Plaintiff, STEVEN D. DARLIN, was the operator of a bicycle, also traveling in the VENTURE community on Sheepshead Road near the intersection of S. Sailfish, in unincorporated St. Lucie County, Florida. 8 At that time and place, Defendant, VENTURE, was responsible for the maintenance and safety within the community, including to provide safe roadways, with clearly defined travel lanes for motor vehicles and bicycles and clearly defined directions of travel for both bicycles and motor vehicles. 9 At that time and place, there was a collision between the vehicle operated by Defendant, JONATHAN S. CLARK, and the bicycle operated by Plaintiff, STEVEN D. DARLIN. 10. As a result of the negligence of both JONATHAN S. CLARK and VENTURE, Plaintiff, STEVEN D. DARLIN, suffered serious bodily injuries as a result. COUNT I - STEVEN D. DARLIN’S CLAIM OF NEGLIGENCE AGAINST DEFENDANT, JONATHAN S. CLARK Plaintiff, STEVEN D. DARLIN, hereby incorporates and re-alleges paragraphs | through 10 above, as though they had been fully set forth herein and further states: ll. At all times material hereto, Defendant, JONATHAN S. CLARK, negligently operated and/or maintained said motor vehicle, so that it collided with the bicycle wherein the Plaintiff, STEVEN D. DARLIN, was operating. 12. The negligence of Defendant, JONATHAN S. CLARK, includes, but is not limited to: A. Failure to maintain his lane of travel. B. Failure to yield to cyclists traveling in the proper lane of travel. C. Failure to be on the lookout for cyclists and pedestrians alike. 13. As a result of said negligence, Plaintiff, STEVEN D. DARLIN, 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 these losses in the future. WHEREFORE, Plaintiff, STEVEN D. DARLIN, demands judgment in his favor against Defendant, JONATHAN S. CLARK, in excess of the minimum jurisdictional limits of this Court for compensatory damages, including incidental and consequential damages, post-judgment interest, costs, and for any other relief this Court deems just and proper. COUNT II - STEVEN D. DARLIN’S CLAIM OF NEGLIGENCE AGAINST VENTURE THREE, INC. Plaintiff, STEVEN D. DARLIN, hereby incorporates and re-alleges paragraph 1 through 10 above, as though they had been fully set forth herein and further states: 14. At all times material hereto, Defendant, VENTURE, is the homeowners association for the community wherein Plaintiff, STEVEN D. DARLIN, was lawfully living, temporarily, as a renter. 15. At all times material hereto, Defendant, JONATHAN S. CLARK, was allowed to enter, with his vehicle, onto the VENTURE property for reasons that are unclear at the time of the drafting of this Complaint, as Defendant, JONATHAN S. CLARK, was not a resident within the VENTURE community. 16. The roadways within the VENTURE community do not have defined bike lanes or clearly marked directions of travel for both motor vehicles and bicycles within the VENTURE community. 17. While Plaintiff, STEVEN D. DARLIN, was lawfully operating his bicycle within the VENTURE community, the vehicle operated by Defendant, JONATHAN S. CLARK, failed to maintain its lane and struck Plaintiff, STEVEN D. DARLIN, causing serious injuries. 18. As a result of said negligence of VENTURE, Plaintiff, STEVEN D. DARLIN, 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 these losses in the future. WHEREFORE, Plaintiff, STEVEN D. DARLIN, demands judgment in his favor against Defendant, VENTURE, in excess of the minimum jurisdictional limits of this Court for compensatory damages, including incidental and consequential damages, post-judgment interest, costs, and for any other relief this Court deems just and proper. DEMAND FOR JURY TRIAL Plaintiff demands trial by jury on all issues triable as of right by jury. DATED this 3rd day of January 2024. By: /s/ MichaelJ. Wood, Esq. MICHAEL J. WOOD, ESQ. Fla. Bar No.: 42970 BELAYNE GUERRERO, ESQ. Fla. Bar No.: 21659 GUERRERO WOOD LAW 5190 NW 167th Street, Suite 215 Miami, FL 33014 (954) 263 - 1388 Telephone (954) 301 - 8585 Facsimile Attorneys for Plaintiff Service Address: MJWpleadings@g-wlaw.com BDGpleadings@g-wlaw.com