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Filing # 192156780 E-Filed 02/16/2024 03:54:01 PM
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
ELIZABETH ROMANO,
CASE NO:
Plaintiff,
vs.
EDWIN HERNANDEZ and
FERGUSON US HOLDINGS, INC.,
Defendants.
/
COMPLAINT
COMES NOW the Plaintiff, ELIZABETH ROMANO, by and through her undersigned
attorneys, and sues Defendants, EDWIN HERNANDEZ and FERGUSON US HOLDINGS, INC.,
and alleges:
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.
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2. At all times material hereto, Plaintiff, ELIZABETH ROMANO, was a resident of
Hillsborough County, Florida.
3. At all times material hereto, Defendant, FERGUSON US HOLDINGS, INC., was
authorized to do business in Hillsborough County, Florida.
4. At all times material hereto, Defendant, EDWIN HERNANDEZ, was a resident of
Tarrant County, Texas.
5. On or about October 3, 2023, Plaintiff, ELIZABETH ROMANO was operating a
2016 GMC Terrain motor vehicle, VIN 2GKFLPE34G6290228, north on US-41 at the intersection
with SR-676, in Hillsborough County, Florida.
6. At that time and place, Defendant, EDWIN HERNANDEZ, was operating a 2017
Ford Transit 250 motor vehicle, VIN 1FTYR1ZG0HKA25883.
7. At that time and place, Defendant FERGUSON US HOLDINGS, INC., owned the
2017 Ford Transit 250 motor vehicle, VIN 1FTYR1ZG0HKA25883, that was being operated by
Defendant, EDWIN HERNANDEZ.
COUNT I
NEGLIGENCE OF EDWIN HERNANDEZ
Plaintiff, ELIZABETH ROMANO, reiterates and realleges Paragraphs 1 through 7 as if
more fully set forth herein and further alleges:
8. At that time and place, Defendant, EDWIN HERNANDEZ, negligently operated
and/or maintained the motor vehicle so that it crashed into the motor vehicle that Plaintiff,
ELIZABETH ROMANO, was operating.
9. As a result, Plaintiff, ELIZABETH ROMANO, sustained bodily injury and pain and
suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life,
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expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability
to earn money, and possible aggravation of a previously existing asymptomatic condition. The
losses are either permanent or ongoing and Plaintiff will continue to suffer the losses in the future.
WHEREFORE, the Plaintiff, ELIZABETH ROMANO, demands judgment against the
Defendant, EDWIN HERNANDEZ, in an amount in excess of Fifty Thousand ($50,000) Dollars,
plus interest and costs, and requests a trial by jury of all issues triable as of right by a jury.
COUNT II
VICARIOUS LIABILITY OF FERGUSON US HOLDINGS, INC.
Plaintiff, ELIZABETH ROMANO, reiterates and realleges Paragraphs 1 through 9 as if
more fully set forth herein and further alleges:
10. At that time and place, Defendant, FERGUSON US HOLDINGS, INC., owned the
motor vehicle that was being driven by Defendant, EDWIN HERNANDEZ.
11. At that time and place, Defendant, EDWIN HERNANDEZ was operating said
motor vehicle with the permission and consent of its owner, Defendant, FERGUSON US
HOLDINGS, INC.
12. Defendant, FERGUSON US HOLDINGS, INC., is therefore strictly liable for the
negligence of Defendant, EDWIN HERNANDEZ, under Florida’s dangerous instrumentality
doctrine.
WHEREFORE, the Plaintiff, ELIZABETH ROMANO, demands judgment against the
Defendant, FERGUSON US HOLDINGS, INC., in an amount in excess of Fifty Thousand
($50,000) Dollars, plus interest and costs and requests a trial by jury of all issues triable as of right
by a jury.
DATED this 16th day of February 2024.
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/s/ Alexander Billias, Esq.___________
Alexander Billias, Esq.
Florida Bar Number: 329680
MORGAN & MORGAN TAMPA P.A.
Attorneys for Plaintiff
201 N Franklin St, 7th Floor
Tampa, FL 33602
Telephone: (813) 981-6242
Facsimile: (813) 981-6292
AABpleadings@forthepeople.com
jthompson@forthepeople.com
tfish@forthepeople.com
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2/16/2024 3:54 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4
Preview
Filing # 192156780 E-Filed 02/16/2024 03:54:01 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION ELIZABETH ROMANO, CASE NO: Plaintiff, vs. EDWIN HERNANDEZ and FERGUSON US HOLDINGS, INC., Defendants. / COMPLAINT COMES NOW the Plaintiff, ELIZABETH ROMANO, by and through her undersigned attorneys, and sues Defendants, EDWIN HERNANDEZ and FERGUSON US HOLDINGS, INC., and alleges: 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. 1 2/16/2024 3:54 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 2. At all times material hereto, Plaintiff, ELIZABETH ROMANO, was a resident of Hillsborough County, Florida. 3. At all times material hereto, Defendant, FERGUSON US HOLDINGS, INC., was authorized to do business in Hillsborough County, Florida. 4. At all times material hereto, Defendant, EDWIN HERNANDEZ, was a resident of Tarrant County, Texas. 5. On or about October 3, 2023, Plaintiff, ELIZABETH ROMANO was operating a 2016 GMC Terrain motor vehicle, VIN 2GKFLPE34G6290228, north on US-41 at the intersection with SR-676, in Hillsborough County, Florida. 6. At that time and place, Defendant, EDWIN HERNANDEZ, was operating a 2017 Ford Transit 250 motor vehicle, VIN 1FTYR1ZG0HKA25883. 7. At that time and place, Defendant FERGUSON US HOLDINGS, INC., owned the 2017 Ford Transit 250 motor vehicle, VIN 1FTYR1ZG0HKA25883, that was being operated by Defendant, EDWIN HERNANDEZ. COUNT I NEGLIGENCE OF EDWIN HERNANDEZ Plaintiff, ELIZABETH ROMANO, reiterates and realleges Paragraphs 1 through 7 as if more fully set forth herein and further alleges: 8. At that time and place, Defendant, EDWIN HERNANDEZ, negligently operated and/or maintained the motor vehicle so that it crashed into the motor vehicle that Plaintiff, ELIZABETH ROMANO, was operating. 9. As a result, Plaintiff, ELIZABETH ROMANO, sustained bodily injury and pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, 2 2/16/2024 3:54 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and possible aggravation of a previously existing asymptomatic condition. The losses are either permanent or ongoing and Plaintiff will continue to suffer the losses in the future. WHEREFORE, the Plaintiff, ELIZABETH ROMANO, demands judgment against the Defendant, EDWIN HERNANDEZ, in an amount in excess of Fifty Thousand ($50,000) Dollars, plus interest and costs, and requests a trial by jury of all issues triable as of right by a jury. COUNT II VICARIOUS LIABILITY OF FERGUSON US HOLDINGS, INC. Plaintiff, ELIZABETH ROMANO, reiterates and realleges Paragraphs 1 through 9 as if more fully set forth herein and further alleges: 10. At that time and place, Defendant, FERGUSON US HOLDINGS, INC., owned the motor vehicle that was being driven by Defendant, EDWIN HERNANDEZ. 11. At that time and place, Defendant, EDWIN HERNANDEZ was operating said motor vehicle with the permission and consent of its owner, Defendant, FERGUSON US HOLDINGS, INC. 12. Defendant, FERGUSON US HOLDINGS, INC., is therefore strictly liable for the negligence of Defendant, EDWIN HERNANDEZ, under Florida’s dangerous instrumentality doctrine. WHEREFORE, the Plaintiff, ELIZABETH ROMANO, demands judgment against the Defendant, FERGUSON US HOLDINGS, INC., in an amount in excess of Fifty Thousand ($50,000) Dollars, plus interest and costs and requests a trial by jury of all issues triable as of right by a jury. DATED this 16th day of February 2024. 3 2/16/2024 3:54 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 /s/ Alexander Billias, Esq.___________ Alexander Billias, Esq. Florida Bar Number: 329680 MORGAN & MORGAN TAMPA P.A. Attorneys for Plaintiff 201 N Franklin St, 7th Floor Tampa, FL 33602 Telephone: (813) 981-6242 Facsimile: (813) 981-6292 AABpleadings@forthepeople.com jthompson@forthepeople.com tfish@forthepeople.com 4 2/16/2024 3:54 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4