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Filing # 192915215 E-Filed 02/28/2024 12:00:27 PM
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY FLORIDA,
CIVIL DIVISION
JESSICA KOWALSKI, CASE NO.:
Plaintiff,
-vs-
JEREMY MICHAEL LUCAS and KNIGHT
TRANSPORTATION, LLC
Defendant.
/
COMPLAINT
COMES NOW the Plaintiff, JESSICA KOWALSKI, by and through his undersigned
attorneys, and sues Defendants, JEREMY MICHAEL LUCAS and KNIGHT
TRANSPORTATION, LLC, 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.
2. At all times material hereto, Plaintiff, JESSICA KOWALSKI was a resident of
Charlotte County, Florida.
3. At all times material hereto, Defendant JEREMY MICHAEL LUCAS, was a
resident of Lexington County, South Carolina.
2/28/2024 12:00 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
4. On or about April 17, 2023, Defendant, KNIGHT TRANSPORTATION, LLC,
owned a motor vehicle that was operated with consent by Defendant, JEREMY MICHAEL
LUCAS, on Interstate 75 at or near Sun City Center Blvd. in Hillsborough County, Florida.
5. At that time and place Defendant, JEREMY MICHAEL LUCAS, negligently
operated or maintained the motor vehicle so that it collided with Plaintiff, JESSICA KOWALSKI.
COUNT I
NEGLIGENCE OF JEREMY MICHAEL LUCAS
Plaintiff, JESSICA KOWALSKI, reiterates and realleges Paragraphs 1 through 5 as if
more fully set forth herein and further states:
6. As a direct and proximate result of the Defendant, JEREMY MICHAEL
LUCAS’s negligence, Plaintiff 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 or activation 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 the losses in the future. Plaintiff’s motor vehicle was also damaged. Plaintiff, JESSICA
KOWALSKI, will suffer or incur the injuries, expenses and impairment in the future.
WHEREFORE the Plaintiff, JESSICA KOWALSKI, demands judgment for damages,
costs, prejudgment interest, and any other relief this Court deems appropriate against the
Defendant, JEREMY MICHAEL LUCAS. Plaintiff also demands a jury trial on all issues so
triable.
2/28/2024 12:00 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
COUNT II
VICARIOUS LIABILITY OF KNIGHT TRANSPORTATION, LLC UNDER THE
DANGEROUS INSTRUMENTALITY DOCTRINE
Plaintiff, JESSICA KOWALSKI, reiterates and realleges Paragraphs 1 through 6 as if
more fully set forth herein and further states:
7. As a direct and proximate result of the Defendant, JEREMY MICHAEL
LUCAS’s negligence, Plaintiff 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 or activation 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 the losses in the future. Plaintiff’s motor vehicle was also damaged. Plaintiff, JESSICA
KOWALSKI, will suffer or incur the injuries, expenses and impairment in the future.
8. As owner of the vehicle driven by JEREMY MICHAEL LUCAS, KNIGHT
TRANSPORTATION, LLC is vicariously liable to the Plaintiff pursuant to Florida’s dangerous
instrumentality doctrine.
WHEREFORE the Plaintiff, JESSICA KOWALSKI, demands judgment for damages,
costs, prejudgment interest, and any other relief this Court deems appropriate against the
Defendant, KNIGHT TRANSPORTATION, LLC. Plaintiff also demands a jury trial on all
issues so triable.
DATED this 28th day of February, 2024.
/s/ Amy Ferrera
Amy Ferrera, Esquire
Morgan & Morgan, Tampa, P.A.
201 N. Franklin Street 7th Floor
2/28/2024 12:00 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
Tampa, FL 33602
Tele: (813) 223-5505
Fax: (813) 559-4846
AMFpleadings@forthepeople.com
Florida Bar #: 15313
Attorney for Plaintiff(s)
2/28/2024 12:00 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4
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Filing # 192915215 E-Filed 02/28/2024 12:00:27 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA, CIVIL DIVISION JESSICA KOWALSKI, CASE NO.: Plaintiff, -vs- JEREMY MICHAEL LUCAS and KNIGHT TRANSPORTATION, LLC Defendant. / COMPLAINT COMES NOW the Plaintiff, JESSICA KOWALSKI, by and through his undersigned attorneys, and sues Defendants, JEREMY MICHAEL LUCAS and KNIGHT TRANSPORTATION, LLC, 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. 2. At all times material hereto, Plaintiff, JESSICA KOWALSKI was a resident of Charlotte County, Florida. 3. At all times material hereto, Defendant JEREMY MICHAEL LUCAS, was a resident of Lexington County, South Carolina. 2/28/2024 12:00 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 4. On or about April 17, 2023, Defendant, KNIGHT TRANSPORTATION, LLC, owned a motor vehicle that was operated with consent by Defendant, JEREMY MICHAEL LUCAS, on Interstate 75 at or near Sun City Center Blvd. in Hillsborough County, Florida. 5. At that time and place Defendant, JEREMY MICHAEL LUCAS, negligently operated or maintained the motor vehicle so that it collided with Plaintiff, JESSICA KOWALSKI. COUNT I NEGLIGENCE OF JEREMY MICHAEL LUCAS Plaintiff, JESSICA KOWALSKI, reiterates and realleges Paragraphs 1 through 5 as if more fully set forth herein and further states: 6. As a direct and proximate result of the Defendant, JEREMY MICHAEL LUCAS’s negligence, Plaintiff 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 or activation 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 the losses in the future. Plaintiff’s motor vehicle was also damaged. Plaintiff, JESSICA KOWALSKI, will suffer or incur the injuries, expenses and impairment in the future. WHEREFORE the Plaintiff, JESSICA KOWALSKI, demands judgment for damages, costs, prejudgment interest, and any other relief this Court deems appropriate against the Defendant, JEREMY MICHAEL LUCAS. Plaintiff also demands a jury trial on all issues so triable. 2/28/2024 12:00 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 COUNT II VICARIOUS LIABILITY OF KNIGHT TRANSPORTATION, LLC UNDER THE DANGEROUS INSTRUMENTALITY DOCTRINE Plaintiff, JESSICA KOWALSKI, reiterates and realleges Paragraphs 1 through 6 as if more fully set forth herein and further states: 7. As a direct and proximate result of the Defendant, JEREMY MICHAEL LUCAS’s negligence, Plaintiff 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 or activation 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 the losses in the future. Plaintiff’s motor vehicle was also damaged. Plaintiff, JESSICA KOWALSKI, will suffer or incur the injuries, expenses and impairment in the future. 8. As owner of the vehicle driven by JEREMY MICHAEL LUCAS, KNIGHT TRANSPORTATION, LLC is vicariously liable to the Plaintiff pursuant to Florida’s dangerous instrumentality doctrine. WHEREFORE the Plaintiff, JESSICA KOWALSKI, demands judgment for damages, costs, prejudgment interest, and any other relief this Court deems appropriate against the Defendant, KNIGHT TRANSPORTATION, LLC. Plaintiff also demands a jury trial on all issues so triable. DATED this 28th day of February, 2024. /s/ Amy Ferrera Amy Ferrera, Esquire Morgan & Morgan, Tampa, P.A. 201 N. Franklin Street 7th Floor 2/28/2024 12:00 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 Tampa, FL 33602 Tele: (813) 223-5505 Fax: (813) 559-4846 AMFpleadings@forthepeople.com Florida Bar #: 15313 Attorney for Plaintiff(s) 2/28/2024 12:00 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4