On January 04, 2024 a
Complaint,Petition
was filed
involving a dispute between
Adrian Ayala,
and
Joseph Recarey,
for CA Auto Negligence
in the District Court of Lee County.
Preview
Filing # 189068250 E-Filed 01/04/2024 10:22:52 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
ADRIAN DION MANGUAL AYALA,
CASE NO.:
Plaintiff,
v.
JOSEPH A. RECAREY,
Defendant.
_____________________________________/
COMPLAINT
COMES NOW, ADRIAN DION MANGUAL AYALA, hereinafter referred to as Plaintiff,
by and through the undersigned counsel, hereby files this Complaint against JOSEPH A.
RECAREY, Defendant, herein, and alleges:
JURISDICTIONAL STATEMENT
1. That this is an action for damages that exceeds $50,000.00, exclusive of interest, costs and
attorney’s fees.
VENUE
2. That at all times hereinafter mentioned Centennial Blvd. and Carl Road are paved and
public roads and are located in the County of Lee, State of Florida.
PARTIES
3. That the Plaintiff is a resident and citizen of Lee County, State of Florida.
4. That the Defendant is a resident and citizen of Lee County, State of Florida.
FACTS IN SUPPORT OF CLAIMS
5. That on or about June 27, 2023, Plaintiff, ADRIAN DION MANGUAL AYALA, was a
properly seat belted driver of a vehicle that was involved in a motor vehicle accident at
1
eFiled Lee County Clerk of Courts Page 1
the intersection of Centennial Blvd and Carl Road in Lehigh Acres in Lee County,
Florida; when the Defendant, JOSEPH A. RECAREY negligently operated their motor
vehicle causing a collision, of great force and violence, with the Plaintiff’s vehicle.
6. That due to the Defendant’s, JOSEPH A. RECAREY, failure to keep a proper watch and/or
stop, collided with the Plaintiff ADRIAN DION MANGUAL AYALA’s vehicle with
great force and violence.
COUNT I
NEGLIGENCE AGAINST JOSEPH A. RECAREY
7. That the Plaintiff re-alleges and incorporates by reference paragraphs 1-6 as if fully and
completely set forth herein.
8. That as a direct and proximate result of the aforesaid collision, Plaintiff suffered great
physical harm and injury, including past, present and future pain and suffering from being
knocked about within the vehicle and as a result incurred medical expenses.
9.That the Defendant, JOSEPH A. RECAREY, was negligent in one or more of the following
particulars to wit:
a. In failing to keep the vehicle under proper control;
b. In failing to make proper and timely application to the brakes of the vehicle, if
any available;
c. In failing to yield to traffic;
d. In failing to keep a proper lookout;
e. In failing to maintain a safe and proper distance;
f. In failing to use the degree of care and caution that a reasonable and prudent
person would have used under the circumstances then and there prevailing.
All or one of which was the direct and proximate cause of the injuries and damages
sustained by the Plaintiff, said acts being in violation of the statute laws of the State of Florida.
WHEREFORE, Plaintiff demands judgment against the Defendant for actual damages in
amounts to be determined by the trier of fact, for the cost of this action and for such other and
further relief that this Court may deem just and proper.
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eFiled Lee County Clerk of Courts Page 2
DEMAND FOR JURY TRIAL
Plaintiff further demands a trial by jury on all issues so triable.
DATED this January 4, 2024.
/s/ Rafael O. Nunez, Jr. /s/
Rafael O. Nunez, Jr., Esq.
Florida Bar No.: 114617
The Nunez Law Firm
1337 West Colonial Dr.
Orlando, Florida 32804
Phone: (407) 203-2769
Fax: (407) 203-2769
Email: Litigation@theNunezLaw.com
Attorney for Plaintiff
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eFiled Lee County Clerk of Courts Page 3
Document Filed Date
January 04, 2024
Case Filing Date
January 04, 2024
Category
CA Auto Negligence
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Filing # 189068250 E-Filed 01/04/2024 10:22:52 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA ADRIAN DION MANGUAL AYALA, CASE NO.: Plaintiff, v. JOSEPH A. RECAREY, Defendant. _____________________________________/ COMPLAINT COMES NOW, ADRIAN DION MANGUAL AYALA, hereinafter referred to as Plaintiff, by and through the undersigned counsel, hereby files this Complaint against JOSEPH A. RECAREY, Defendant, herein, and alleges: JURISDICTIONAL STATEMENT 1. That this is an action for damages that exceeds $50,000.00, exclusive of interest, costs and attorney’s fees. VENUE 2. That at all times hereinafter mentioned Centennial Blvd. and Carl Road are paved and public roads and are located in the County of Lee, State of Florida. PARTIES 3. That the Plaintiff is a resident and citizen of Lee County, State of Florida. 4. That the Defendant is a resident and citizen of Lee County, State of Florida. FACTS IN SUPPORT OF CLAIMS 5. That on or about June 27, 2023, Plaintiff, ADRIAN DION MANGUAL AYALA, was a properly seat belted driver of a vehicle that was involved in a motor vehicle accident at 1 eFiled Lee County Clerk of Courts Page 1 the intersection of Centennial Blvd and Carl Road in Lehigh Acres in Lee County, Florida; when the Defendant, JOSEPH A. RECAREY negligently operated their motor vehicle causing a collision, of great force and violence, with the Plaintiff’s vehicle. 6. That due to the Defendant’s, JOSEPH A. RECAREY, failure to keep a proper watch and/or stop, collided with the Plaintiff ADRIAN DION MANGUAL AYALA’s vehicle with great force and violence. COUNT I NEGLIGENCE AGAINST JOSEPH A. RECAREY 7. That the Plaintiff re-alleges and incorporates by reference paragraphs 1-6 as if fully and completely set forth herein. 8. That as a direct and proximate result of the aforesaid collision, Plaintiff suffered great physical harm and injury, including past, present and future pain and suffering from being knocked about within the vehicle and as a result incurred medical expenses. 9.That the Defendant, JOSEPH A. RECAREY, was negligent in one or more of the following particulars to wit: a. In failing to keep the vehicle under proper control; b. In failing to make proper and timely application to the brakes of the vehicle, if any available; c. In failing to yield to traffic; d. In failing to keep a proper lookout; e. In failing to maintain a safe and proper distance; f. In failing to use the degree of care and caution that a reasonable and prudent person would have used under the circumstances then and there prevailing. All or one of which was the direct and proximate cause of the injuries and damages sustained by the Plaintiff, said acts being in violation of the statute laws of the State of Florida. WHEREFORE, Plaintiff demands judgment against the Defendant for actual damages in amounts to be determined by the trier of fact, for the cost of this action and for such other and further relief that this Court may deem just and proper. 2 eFiled Lee County Clerk of Courts Page 2 DEMAND FOR JURY TRIAL Plaintiff further demands a trial by jury on all issues so triable. DATED this January 4, 2024. /s/ Rafael O. Nunez, Jr. /s/ Rafael O. Nunez, Jr., Esq. Florida Bar No.: 114617 The Nunez Law Firm 1337 West Colonial Dr. Orlando, Florida 32804 Phone: (407) 203-2769 Fax: (407) 203-2769 Email: Litigation@theNunezLaw.com Attorney for Plaintiff 3 eFiled Lee County Clerk of Courts Page 3