On January 04, 2024 a
Complaint,Petition
was filed
involving a dispute between
Lawrence Esprit,
and
Serena Imperial,
for CA Auto Negligence
in the District Court of Lee County.
Preview
Filing # 189108381 E-Filed 01/04/2024 02:59:14 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT,
IN AND FOR LEE COUNTY, FLORIDA
LAWRENCE ESPRIT CASE NO.:
Plaintiff,
v.
SERENA IMPERIAL,
Defendant.
______________________________________/
COMPLAINT
COMES NOW, Plaintiff, LAWRENCE ESPRIT, hereinafter referred to as Plaintiff, by and
through the undersigned counsel, hereby files this Complaint against SERENA IMPERIAL,
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, TAMIAMI TRAIL is a paved public road, 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 August 25 2023, Plaintiff, LAWRENCE ESPRIT, was the properly seat
belted driver of a vehicle that was involved in a motor vehicle accident on TAMIAMI
TRAIL in Lee County, Florida; when the Defendant, SERENA IMPERIAL negligently
operated their motor vehicle causing it to collide with great force and violence with
Plaintiff’s vehicle.
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eFiled Lee County Clerk of Courts Page 1
6. That the Defendant, SERENA IMPERIAL, failed to keep a proper watch and/or stop,
resulting in the Defendant striking Plaintiff’s vehicle with great force and violence.
COUNT I
NEGLIGENCE CLAIM AGAINST SERENA IMPERIAL
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 their vehicle and also incurred medical expenses.
9. That the Defendant, SERENA IMPERIAL, was negligent in one or more of the following
particulars to wit:
a. In failing to keep their vehicle under proper control;
b. In failing to make proper and timely application to the brakes of their vehicle, if
any they had;
c. In failing to yield to traffic;
d. In failing to properly change lanes of travel;
e. In failing to keep a proper lookout;
f. In failing to stop the vehicle;
g. 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 4th day of January, 2024.
/s/ Rafael O. Nunez, Jr.
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) 264-8773
Email: NunezLitigation@gmail.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 # 189108381 E-Filed 01/04/2024 02:59:14 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR LEE COUNTY, FLORIDA LAWRENCE ESPRIT CASE NO.: Plaintiff, v. SERENA IMPERIAL, Defendant. ______________________________________/ COMPLAINT COMES NOW, Plaintiff, LAWRENCE ESPRIT, hereinafter referred to as Plaintiff, by and through the undersigned counsel, hereby files this Complaint against SERENA IMPERIAL, 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, TAMIAMI TRAIL is a paved public road, 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 August 25 2023, Plaintiff, LAWRENCE ESPRIT, was the properly seat belted driver of a vehicle that was involved in a motor vehicle accident on TAMIAMI TRAIL in Lee County, Florida; when the Defendant, SERENA IMPERIAL negligently operated their motor vehicle causing it to collide with great force and violence with Plaintiff’s vehicle. 1 eFiled Lee County Clerk of Courts Page 1 6. That the Defendant, SERENA IMPERIAL, failed to keep a proper watch and/or stop, resulting in the Defendant striking Plaintiff’s vehicle with great force and violence. COUNT I NEGLIGENCE CLAIM AGAINST SERENA IMPERIAL 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 their vehicle and also incurred medical expenses. 9. That the Defendant, SERENA IMPERIAL, was negligent in one or more of the following particulars to wit: a. In failing to keep their vehicle under proper control; b. In failing to make proper and timely application to the brakes of their vehicle, if any they had; c. In failing to yield to traffic; d. In failing to properly change lanes of travel; e. In failing to keep a proper lookout; f. In failing to stop the vehicle; g. 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 4th day of January, 2024. /s/ Rafael O. Nunez, Jr. 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) 264-8773 Email: NunezLitigation@gmail.com Attorney for Plaintiff 3 eFiled Lee County Clerk of Courts Page 3