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Filing # 191981781 E-Filed 02/14/2024 04:37:24 PM
IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
JAMES KELLER,
CASE NO.:
Plaintiff
v
MONICA BRIANNA SHAFFER
and RUTH MARIE SHAFFER,
Defendants.
/
COMPLAINT AND DEMAND FOR JURY TRIAL
COMES NOW Plaintiff, JAMES KELLER, by and through his undersigned attorney, sues
Defendants, MONICA BRIANNA SHAFFER and RUTH MARIE SHAFFER, and allege:
JURISDICTION
This is an action for damages in excess of $50,000.00.
That the collision giving rise to this action occurred on June 19, 2023 at approximately
3:20pm at the intersection of North 22™ St. and East 17" Ave., in Tampa, Hillsborough
County, Florida.
Venue is proper in Hillsborough County, Florida.
PARTIES
4 At all times material hereto, Plaintiff, JAMES KELLER, is a resident of Hillsborough
County, Florida.
5 At all times material hereto, Defendant, MONICA BRIANNA SHAFFER, is a resident
of Hillsborough County, Florida.
6. At all times material hereto, Defendant, RUTH MARIE SHAFFER, is a resident of
Hillsborough County, Florida.
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6 At all times material hereto, Plaintiff, JAMES KELLER, was the driver and owner of
a 2020 GMC Sierra (VIN#: 3GTU9CED9LG295460).
7 At all times material hereto, MONICA BRIANNA SHAFFER, was the driver of a
2015 Jeep Cherokee (VIN#: 1C4PJLDS4FW573577).
8 At all times material hereto, RUTH MARIE SHAFFER, was the owner of a 2015 Jeep
Cherokee (VIN#: 1C4PJLDS4FW573577).
COUNTI
NEGLIGENCE ON DEFENDANT.
MONICA BRIANNA SHAFFER
8 Plaintiff realleges and reavers Paragraphs | through 8 as if fully set forth herein and
would further state:
9 On or about June 19, 2023 at or near North 22" Street at or near East 17'" Ave., Tampa,
Hillsborough County, Florida) MONICA BRIANNA SHAFFER, operated a motor vehicle in a
careless and negligent manner so as to cause a vehicular collision with Plaintiff, JAMES KELLER,
resulting in injury to the Plaintiff.
10. At all times material hereto, Defendant, MONICA BRIANNA SHAFFER, owed a
duty to the Plaintiffto exercise reasonable care in the operation of her vehicle in her control so as not
to injure Plaintiff.
11. At all times material hereto, Defendant, MONICA BRIANNA SHAFFER, was
careless and negligent and breached the above duty in one or more of the following ways:
a. By failing to properly operate said vehicle so as to avoid a collision;
b By failing to maintain a proper lookout;
By failing to keep the vehicle under control;
By traveling at an excessive rate of speed;
2/14/2024 4:37 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 2
By not paying proper attention to the safety and wellbeing of Plaintiff and other
passerby and/or the general public while operating a motor vehicle.
12. As a direct and proximate result, Plaintiff, JAMES KELLER, was injured in and about
his body and/or aggravated a pre-existing condition of injury, suffered pain therefrom, incurred
medical and related expenses in the treatment of his injuries, suffered physical handicap, suffered
significant scarring and disfigurement, suffered psychological and emotional injuries, suffered loss
of wages, and his working ability was impaired, sustained permanent injuries within a reasonable
degree of medical probability and/or suffered permanent loss of an important bodily function, and has
lost the capacity for the enjoyment of life.
13. In that the injuries suffered by Plaintiff are continuing in nature, he will continue to
suffer pain, disfigurement, scarring, psychological and emotional injuries, physical handicap and
permanent injury in the future, loss of wages and earning capacity, and will be further compelled to
expend great sums of money for medical care and related treatment for those injuries and will continue
to suffer the loss of the capacity for the enjoyment of life.
WHEREFORE, Plaintiff JAMES KELLER, demands judgement for damages and costs
against Defendant, MONICA BRIANNA SHAFFER, and a trial by jury on all issues so triable.
COUNT I
IMPUTED NEGLIGENCE CLAIM OF DEFENDANT, RUTH MARIE SHAFFER
DANGEROUS INSTRUMENTALITY DOCTRINE
14. Plaintiff realleges and reavers Paragraphs | through 8 as if fully set forth herein and
would further state:
15. At all times material hereto, Defendant, MONICA BRIANNA SHAFFER, operated
the 2015 Jeep Cherokee (VIN#: 1C4PJLDS4FW573577) with either the express or implied
knowledge, permission, and/or consent of its owner Defendant, RUTH MARIE SHAFFER.
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16. Defendant, RUTH MARIE SHAFFER, as owner of the 2015 Jeep Cherokee, is
vicariously liable under the dangerous instrumentality doctrine for the acts and negligence of
Defendant, MONICA BRIANNA SHAFFER.
17. Defendant, MONICA BRIANNA SHAFFER, breached the duties of care she owed to
the Plaintiffs and carelessly and negligently operated or maintained a motor vehicle by failing to
maintain control of the motor vehicle, failing to operate the subject vehicle in a safe and careful
manner, operating contrary to the applicable rules, statutes and regulations, operating at an unsafe and
unreasonable speed for the circumstances and conditions, following too closely, failing to yield the
right of way, failing to obey traffic control signals, failing to keep a proper lookout of roadway
conditions and potential hazards, and failing to appropriately slow the vehicle or apply the brakes so
that the vehicle she was driving collided with the motor vehicle occupied by the Plaintiff, JAMES
KELLER.
18. As a direct and proximate result, Plaintiff, JAMES KELLER, was injured in and about
his body and/or aggravated a pre-existing condition of injury, suffered pain therefrom, incurred
medical and related expenses in the treatment of his injuries, suffered physical handicap, suffered
significant scarring and disfigurement, suffered psychological and emotional injuries, suffered loss
of wages, and his working ability was impaired, sustained permanent injuries within a reasonable
degree of medical probability and/or suffered permanent loss of an important bodily function, and has
lost the capacity for the enjoyment of life.
WHEREFORE, Plaintiff JAMES KELLER, demands judgement for damages and costs
against Defendant, RUTH MARIE SHAFFER, and a trial byjury on all issues so triable.
{THIS SPACE INTENTIONALLY LEFT BLANK}
2/14/2024 4:37 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 4
Dated this 14 _ day of February, 2024.
FARAH & FARAH, P.A.
/s/ Joshua A. Kopp
Joshua A. Kopp, Esq.
Florida Bar No.: 1015894
5100 W. Kennedy Boulevard, Suite 250
Tampa, FL 33609
(813) 582-3896 Direct
(813) 582-3896 Facsimile
Attorney for Plaintiff
Service E-Mails:
jkopp@farahandfarah.com
cmoraguez@farahandfarah.com
2/14/2024 4:37 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 5
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Filing # 191981781 E-Filed 02/14/2024 04:37:24 PM IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION JAMES KELLER, CASE NO.: Plaintiff v MONICA BRIANNA SHAFFER and RUTH MARIE SHAFFER, Defendants. / COMPLAINT AND DEMAND FOR JURY TRIAL COMES NOW Plaintiff, JAMES KELLER, by and through his undersigned attorney, sues Defendants, MONICA BRIANNA SHAFFER and RUTH MARIE SHAFFER, and allege: JURISDICTION This is an action for damages in excess of $50,000.00. That the collision giving rise to this action occurred on June 19, 2023 at approximately 3:20pm at the intersection of North 22™ St. and East 17" Ave., in Tampa, Hillsborough County, Florida. Venue is proper in Hillsborough County, Florida. PARTIES 4 At all times material hereto, Plaintiff, JAMES KELLER, is a resident of Hillsborough County, Florida. 5 At all times material hereto, Defendant, MONICA BRIANNA SHAFFER, is a resident of Hillsborough County, Florida. 6. At all times material hereto, Defendant, RUTH MARIE SHAFFER, is a resident of Hillsborough County, Florida. 2/14/2024 4:37 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 1 6 At all times material hereto, Plaintiff, JAMES KELLER, was the driver and owner of a 2020 GMC Sierra (VIN#: 3GTU9CED9LG295460). 7 At all times material hereto, MONICA BRIANNA SHAFFER, was the driver of a 2015 Jeep Cherokee (VIN#: 1C4PJLDS4FW573577). 8 At all times material hereto, RUTH MARIE SHAFFER, was the owner of a 2015 Jeep Cherokee (VIN#: 1C4PJLDS4FW573577). COUNTI NEGLIGENCE ON DEFENDANT. MONICA BRIANNA SHAFFER 8 Plaintiff realleges and reavers Paragraphs | through 8 as if fully set forth herein and would further state: 9 On or about June 19, 2023 at or near North 22" Street at or near East 17'" Ave., Tampa, Hillsborough County, Florida) MONICA BRIANNA SHAFFER, operated a motor vehicle in a careless and negligent manner so as to cause a vehicular collision with Plaintiff, JAMES KELLER, resulting in injury to the Plaintiff. 10. At all times material hereto, Defendant, MONICA BRIANNA SHAFFER, owed a duty to the Plaintiffto exercise reasonable care in the operation of her vehicle in her control so as not to injure Plaintiff. 11. At all times material hereto, Defendant, MONICA BRIANNA SHAFFER, was careless and negligent and breached the above duty in one or more of the following ways: a. By failing to properly operate said vehicle so as to avoid a collision; b By failing to maintain a proper lookout; By failing to keep the vehicle under control; By traveling at an excessive rate of speed; 2/14/2024 4:37 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 2 By not paying proper attention to the safety and wellbeing of Plaintiff and other passerby and/or the general public while operating a motor vehicle. 12. As a direct and proximate result, Plaintiff, JAMES KELLER, was injured in and about his body and/or aggravated a pre-existing condition of injury, suffered pain therefrom, incurred medical and related expenses in the treatment of his injuries, suffered physical handicap, suffered significant scarring and disfigurement, suffered psychological and emotional injuries, suffered loss of wages, and his working ability was impaired, sustained permanent injuries within a reasonable degree of medical probability and/or suffered permanent loss of an important bodily function, and has lost the capacity for the enjoyment of life. 13. In that the injuries suffered by Plaintiff are continuing in nature, he will continue to suffer pain, disfigurement, scarring, psychological and emotional injuries, physical handicap and permanent injury in the future, loss of wages and earning capacity, and will be further compelled to expend great sums of money for medical care and related treatment for those injuries and will continue to suffer the loss of the capacity for the enjoyment of life. WHEREFORE, Plaintiff JAMES KELLER, demands judgement for damages and costs against Defendant, MONICA BRIANNA SHAFFER, and a trial by jury on all issues so triable. COUNT I IMPUTED NEGLIGENCE CLAIM OF DEFENDANT, RUTH MARIE SHAFFER DANGEROUS INSTRUMENTALITY DOCTRINE 14. Plaintiff realleges and reavers Paragraphs | through 8 as if fully set forth herein and would further state: 15. At all times material hereto, Defendant, MONICA BRIANNA SHAFFER, operated the 2015 Jeep Cherokee (VIN#: 1C4PJLDS4FW573577) with either the express or implied knowledge, permission, and/or consent of its owner Defendant, RUTH MARIE SHAFFER. 2/14/2024 4:37 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 3 16. Defendant, RUTH MARIE SHAFFER, as owner of the 2015 Jeep Cherokee, is vicariously liable under the dangerous instrumentality doctrine for the acts and negligence of Defendant, MONICA BRIANNA SHAFFER. 17. Defendant, MONICA BRIANNA SHAFFER, breached the duties of care she owed to the Plaintiffs and carelessly and negligently operated or maintained a motor vehicle by failing to maintain control of the motor vehicle, failing to operate the subject vehicle in a safe and careful manner, operating contrary to the applicable rules, statutes and regulations, operating at an unsafe and unreasonable speed for the circumstances and conditions, following too closely, failing to yield the right of way, failing to obey traffic control signals, failing to keep a proper lookout of roadway conditions and potential hazards, and failing to appropriately slow the vehicle or apply the brakes so that the vehicle she was driving collided with the motor vehicle occupied by the Plaintiff, JAMES KELLER. 18. As a direct and proximate result, Plaintiff, JAMES KELLER, was injured in and about his body and/or aggravated a pre-existing condition of injury, suffered pain therefrom, incurred medical and related expenses in the treatment of his injuries, suffered physical handicap, suffered significant scarring and disfigurement, suffered psychological and emotional injuries, suffered loss of wages, and his working ability was impaired, sustained permanent injuries within a reasonable degree of medical probability and/or suffered permanent loss of an important bodily function, and has lost the capacity for the enjoyment of life. WHEREFORE, Plaintiff JAMES KELLER, demands judgement for damages and costs against Defendant, RUTH MARIE SHAFFER, and a trial byjury on all issues so triable. {THIS SPACE INTENTIONALLY LEFT BLANK} 2/14/2024 4:37 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 4 Dated this 14 _ day of February, 2024. FARAH & FARAH, P.A. /s/ Joshua A. Kopp Joshua A. Kopp, Esq. Florida Bar No.: 1015894 5100 W. Kennedy Boulevard, Suite 250 Tampa, FL 33609 (813) 582-3896 Direct (813) 582-3896 Facsimile Attorney for Plaintiff Service E-Mails: jkopp@farahandfarah.com cmoraguez@farahandfarah.com 2/14/2024 4:37 PM Electronically Filed: Hillsborough County/13th J udicial Circuit Page 5