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Filing # 194868397 E-Filed 03/26/2024 04:57:53 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
CARLOS ENRIQUE RODRIGUEZ CASE NO.:
ARTIGAS, MANUEL ROJAS
BLANCO, CRISTIAN MENDOZA
BENITEZ, and KATIA QUINDELAN
Plaintiffs,
v.
REYNIER ALVAREZ MONTERO, &
MIAMI EPIC TOURS INC., a
Florida Profit Corporation
Defendants.
________________________________________/
COMPLAINT
COMES NOW Plaintiffs, CARLOS ENRIQUE RODRIGUEZ ARTIGAS, MANUEL
ROJAS BLANCO, CRISTIAN MENDOZA BENETIZ and KATIA QUINDELAN by and
through its undersigned counsel, files this Complaint against Defendants, REYNIER ALVAREZ
MONTERO and MIAMI EPIC TOURS INC., A Florida Profit Corporation (collectively referred
to as “Defendants”), and alleges as follows:
JURISDICTIONAL ALLEGATIONS
1. This is an action for damages wherein the value of the matter in controversy exceeds
$50,000.00, exclusive of costs, interest, and attorneys’ fees.
2. Venue is proper in Miami-Dade County, Florida, as the motor vehicle collision that is the
subject of the Complaint occurred in Miami-Dade County.
3. At all times material hereto, the Plaintiff, CARLOS ENRIQUE RODRIGUEZ ARTIGAS,
was an individual residing in Miami-Dade County, Florida and is otherwise sui juris.
4. At all times material hereto, the Plaintiff, MANUEL ROJAS BLANCO, was an individual
residing in Miami-Dade County, Florida and is otherwise sui juris.
5. At all times material hereto, the Plaintiff, CRISTIAN MENDOZA BENITEZ, was an
individual residing in Miami-Dade County, Florida and is otherwise sui juris.
6. At all times material hereto, the Plaintiff, KATIA QUINDELAN, was an individual
residing in Miami-Dade County, Florida and is otherwise sui juris.
7. At all times material hereto, the Defendant, REYNIER ALVAREZ MONTERO, was an
individual residing in Miami-Dade County, Florida and is otherwise sui juris.
8. At all times material hereto, the Defendant, MIAMI EPIC TOURS INC., A Florida Profit
Corporation, was a Florida Profit Corporation doing business in Miami-Dade County,
Florida and is otherwise sui juris.
9. At all times material hereto, Defendant, REYNIER ALVAREZ MONTERO, was the
driver, operator and/or entity in control of the 2018 CHEV SUB UT vehicle license plate
number HBBE19 involved in the accident on August 29th, 2022.
FACTS GIVING RISE TO THE CAUSE OF ACTION
10. At all times material hereto, Defendant, REYNIER ALVAREZ MONTERO, operated a
2018 CHEV SUB UT vehicle with vehicle identification number 1GNSCHKC5JR371276
(hereinafter, “Defendant’s vehicle”).
11. At all times material hereto, Defendant, MIAMI EPIC TOURS INC., A Florida Profit
Corporation was the owner of the 2018 CHEV SUB UT vehicle with vehicle identification
number 1GNSCHKC5JR371276 (hereinafter, “Defendant’s vehicle”).
12. At all times material hereto, Plaintiff CARLOS ENRIQUE RODRIGUEZ ARTIGAS, was
the driver in the 2001 TOYT SOL 2D vehicle with a vehicle identification number
2T1CF22P81C424003 (hereinafter, “Plaintiff’s vehicle”).
13. At all times material hereto, Plaintiff MANUEL ROJAS BLANCO was the front seat
passenger in the 2001 TOYT SOL 2D vehicle with a vehicle identification number
2T1CF22P81C424003 (hereinafter, “Plaintiff’s vehicle”).
14. At all times material hereto, Plaintiff CRISTIAN MENDOZA BENITEZ was a back seat
passenger in the 2001 TOYT SOL 2D vehicle with a vehicle identification number
2T1CF22P81C424003 (hereinafter, “Plaintiff’s vehicle”).
15. At all times material hereto, Plaintiff KATIA QUIUNDELAN was a back seat passenger
in the 2001 TOYT SOL 2D vehicle with a vehicle identification number
2T1CF22P81C424003 (hereinafter, “Plaintiff’s vehicle”).
16. On or about August 29th, 2022, at approximately 4:50 AM, Defendant, REYNIER
ALVAREZ MONTERO, operated a motor vehicle at the intersection of SW 84th ST and S
DIXIE HWY, Miami-Dade County, Florida.
17. Plaintiff was driving attempting to make a right hand turn from SW 84th ST to S DIXIE
HWY when Defendant, REYNIER ALVAREZ MONTERO, negligently operated or
maintained the motor vehicle so that it collided with Plaintiff’s vehicle.
18. Defendant, REYNIER ALVAREZ MONTERO, operated the vehicle in a negligent and
reckless manner that caused a vehicle collision causing Plaintiff to suffer severe and
permanent injuries that required medical attention.
19. As a direct and Proximate result of the accident, the Defendant’s negligence as hereinafter
alleged, the Defendant is liable for all damages to which the Plaintiff is entitled to for their
personal injuries, as applicable law may provide, but not limited to; significant permanent
loss of an important bodily function and resulting pain and suffering, disability,
disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of
hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to
earn money and aggravation of a previously existing condition. The losses are either
permanent or continuing and plaintiff will suffer the losses in the future.
COUNT I – NEGLIGENCE
AS TO DEFENDANT, REYNIER ALVAREZ MONTERO
Plaintiffs, CARLOS ENRIQUE RODRIGUEZ ARTIGAS, MANUEL ROJAS BLANCO,
CRISTIAN MENDOZA BENETIZ and KATIA QUINDELAN, realleges, and reasserts the
allegations contained in paragraph 1-19 above, as is fully set forth herein.
20. At all times material hereto, Defendant, REYNIER ALVAREZ MONTERO, had a duty to
operate the motor vehicle owned by Defendant, MIAMI EPIC TOURS INC., A Florida
Profit Corporation, in a safe and reasonable manner, and to keep control of the motor
vehicle so as to prevent the vehicle from colliding with another vehicle lawfully upon the
roadway.
21. At that time and place defendant, REYNIER ALVAREZ MONTERO, breached his duty
by negligently operating or maintaining the motor vehicle so that it collided with plaintiff's
motor vehicle.
22. As a direct and proximate result of the accident, the Defendant, REYNIER ALVAREZ
MONTERO’s negligence and other misconduct as hereinafter alleged, caused the
Plaintiffs, CARLOS ENRIQUE RODRIGUEZ ARTIGAS, MANUEL ROJAS BLANCO,
CRISTIAN MENDOZA BENETIZ and KATIA QUINDELAN, to suffer a significant
permanent loss of an important bodily function and resulting pain and suffering, disability,
disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of
hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to
earn money and aggravation of a previously existing condition. The losses are either
permanent or continuing and plaintiff will suffer the losses in the future.
WHEREFORE, the Plaintiffs, CARLOS ENRIQUE RODRIGUEZ ARTIGAS, MANUEL
ROJAS BLANCO, CRISTIAN MENDOZA BENETIZ and KATIA QUINDELAN, hereby
demands judgment against the Defendant, REYNIER ALVAREZ MONTERO, for compensatory
damages, costs, and such other relief this Court deems appropriate. The Plaintiff further demands
a trial by jury of all issues triable as of right.
COUNT II – NEGLIGENCE
AS TO DEFENDANT, MIAMI EPIC TOURS INC., A Florida Profit Corporation
Plaintiffs, CARLOS ENRIQUE RODRIGUEZ ARTIGAS, MANUEL ROJAS BLANCO,
CRISTIAN MENDOZA BENETIZ and KATIA QUINDELAN, realleges, and reasserts the
allegations contained in paragraph 1-19 above, as is fully set forth herein.
23. On or about August 29th, 2022, Defendant MIAMI EPIC TOURS INC., A Florida Profit
Corporation owned a motor vehicle that was operated by Defendant REYNIER ALVAREZ
MONTERO at the intersection of SW 84th ST and S DIXIE HWY in, Miami-Dade County,
Florida.
24. At all times material hereto, the Defendant, MIAMI EPIC TOURS INC., A Florida Profit
Corporation, as the owner of the vehicle, had a duty to own, operate and/or maintain the
vehicle in a reasonable manner so as to avoid injuring other lawful motorists sharing the
roadway.
25. Defendant, MIAMI EPIC TOURS INC., A Florida Profit Corporation, negligently failed
to exercise the duty of reasonable care in the ownership, operation, or maintenance of the
vehicle by allowing Defendant, REYNIER ALVAREZ MONTERO, to negligently operate
the vehicle on August 29th, 2022, in Miami-Dade County, Florida.
26. Defendant, REYNIER ALVAREZ MONTERO, was negligent and breached the duty of
reasonable care by any or all of the following acts/or omissions:
a. Failing to keep a proper lookout for other drivers and vehicles on the road;
b. Failing to slow owner’s vehicle as required by traffic laws;
c. Violating Florida Statutes section 316.1925 (1) by driving in a careless manner;
and/or
d. Striking the Plaintiff’s vehicle.
27. As a result, plaintiff suffered a significant permanent loss of an important bodily function
and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity
for the enjoyment of life, expense of hospitalization, medical and nursing care and
treatment, loss of earnings, loss of ability to earn money and aggravation of a previously
existing condition. The losses are either permanent or continuing and plaintiff will suffer
the losses in the future.
WHEREFORE, the Plaintiffs, CARLOS ENRIQUE RODRIGUEZ ARTIGAS, MANUEL
ROJAS BLANCO, CRISTIAN MENDOZA BENETIZ and KATIA QUINDELAN, hereby that
this Court enter judgment in its favor and against the Defendants, REYNIER ALVAREZ
MONTERO and MIAMI EPIC TOURS INC., A Florida Profit Corporation, for damages,
prejudgment interest, costs, expenses, attorney’s fees, and such other relief as this Court deems
just and equitable. Plaintiff further demands a trial by jury of all issues so triable as of right.
Dated this 26th day of March 2024.
Respectfully submitted,
MICHAEL A. RUIZ, P.A.
Attorney for Plaintiff
7480 Bird Road, Suite 660
Miami, FL 33155
Ph: (786) 468-4274
Fx: (305) 942-2587
Email: michael.ruiz.esq@gmail.com
service@mikeruizlaw.com
By: /s/ Michael A. Ruiz
Michael A. Ruiz, Esq.
Florida Bar No.: 70502
Dairon Buergo, Esq.
Florida Bar No.: 1002692
Nicole M. Garcia, Esq.
Florida Bar No.: 127336
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Filing # 194868397 E-Filed 03/26/2024 04:57:53 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA CARLOS ENRIQUE RODRIGUEZ CASE NO.: ARTIGAS, MANUEL ROJAS BLANCO, CRISTIAN MENDOZA BENITEZ, and KATIA QUINDELAN Plaintiffs, v. REYNIER ALVAREZ MONTERO, & MIAMI EPIC TOURS INC., a Florida Profit Corporation Defendants. ________________________________________/ COMPLAINT COMES NOW Plaintiffs, CARLOS ENRIQUE RODRIGUEZ ARTIGAS, MANUEL ROJAS BLANCO, CRISTIAN MENDOZA BENETIZ and KATIA QUINDELAN by and through its undersigned counsel, files this Complaint against Defendants, REYNIER ALVAREZ MONTERO and MIAMI EPIC TOURS INC., A Florida Profit Corporation (collectively referred to as “Defendants”), and alleges as follows: JURISDICTIONAL ALLEGATIONS 1. This is an action for damages wherein the value of the matter in controversy exceeds $50,000.00, exclusive of costs, interest, and attorneys’ fees. 2. Venue is proper in Miami-Dade County, Florida, as the motor vehicle collision that is the subject of the Complaint occurred in Miami-Dade County. 3. At all times material hereto, the Plaintiff, CARLOS ENRIQUE RODRIGUEZ ARTIGAS, was an individual residing in Miami-Dade County, Florida and is otherwise sui juris. 4. At all times material hereto, the Plaintiff, MANUEL ROJAS BLANCO, was an individual residing in Miami-Dade County, Florida and is otherwise sui juris. 5. At all times material hereto, the Plaintiff, CRISTIAN MENDOZA BENITEZ, was an individual residing in Miami-Dade County, Florida and is otherwise sui juris. 6. At all times material hereto, the Plaintiff, KATIA QUINDELAN, was an individual residing in Miami-Dade County, Florida and is otherwise sui juris. 7. At all times material hereto, the Defendant, REYNIER ALVAREZ MONTERO, was an individual residing in Miami-Dade County, Florida and is otherwise sui juris. 8. At all times material hereto, the Defendant, MIAMI EPIC TOURS INC., A Florida Profit Corporation, was a Florida Profit Corporation doing business in Miami-Dade County, Florida and is otherwise sui juris. 9. At all times material hereto, Defendant, REYNIER ALVAREZ MONTERO, was the driver, operator and/or entity in control of the 2018 CHEV SUB UT vehicle license plate number HBBE19 involved in the accident on August 29th, 2022. FACTS GIVING RISE TO THE CAUSE OF ACTION 10. At all times material hereto, Defendant, REYNIER ALVAREZ MONTERO, operated a 2018 CHEV SUB UT vehicle with vehicle identification number 1GNSCHKC5JR371276 (hereinafter, “Defendant’s vehicle”). 11. At all times material hereto, Defendant, MIAMI EPIC TOURS INC., A Florida Profit Corporation was the owner of the 2018 CHEV SUB UT vehicle with vehicle identification number 1GNSCHKC5JR371276 (hereinafter, “Defendant’s vehicle”). 12. At all times material hereto, Plaintiff CARLOS ENRIQUE RODRIGUEZ ARTIGAS, was the driver in the 2001 TOYT SOL 2D vehicle with a vehicle identification number 2T1CF22P81C424003 (hereinafter, “Plaintiff’s vehicle”). 13. At all times material hereto, Plaintiff MANUEL ROJAS BLANCO was the front seat passenger in the 2001 TOYT SOL 2D vehicle with a vehicle identification number 2T1CF22P81C424003 (hereinafter, “Plaintiff’s vehicle”). 14. At all times material hereto, Plaintiff CRISTIAN MENDOZA BENITEZ was a back seat passenger in the 2001 TOYT SOL 2D vehicle with a vehicle identification number 2T1CF22P81C424003 (hereinafter, “Plaintiff’s vehicle”). 15. At all times material hereto, Plaintiff KATIA QUIUNDELAN was a back seat passenger in the 2001 TOYT SOL 2D vehicle with a vehicle identification number 2T1CF22P81C424003 (hereinafter, “Plaintiff’s vehicle”). 16. On or about August 29th, 2022, at approximately 4:50 AM, Defendant, REYNIER ALVAREZ MONTERO, operated a motor vehicle at the intersection of SW 84th ST and S DIXIE HWY, Miami-Dade County, Florida. 17. Plaintiff was driving attempting to make a right hand turn from SW 84th ST to S DIXIE HWY when Defendant, REYNIER ALVAREZ MONTERO, negligently operated or maintained the motor vehicle so that it collided with Plaintiff’s vehicle. 18. Defendant, REYNIER ALVAREZ MONTERO, operated the vehicle in a negligent and reckless manner that caused a vehicle collision causing Plaintiff to suffer severe and permanent injuries that required medical attention. 19. As a direct and Proximate result of the accident, the Defendant’s negligence as hereinafter alleged, the Defendant is liable for all damages to which the Plaintiff is entitled to for their personal injuries, as applicable law may provide, but not limited to; significant permanent loss of an important bodily function and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. The losses are either permanent or continuing and plaintiff will suffer the losses in the future. COUNT I – NEGLIGENCE AS TO DEFENDANT, REYNIER ALVAREZ MONTERO Plaintiffs, CARLOS ENRIQUE RODRIGUEZ ARTIGAS, MANUEL ROJAS BLANCO, CRISTIAN MENDOZA BENETIZ and KATIA QUINDELAN, realleges, and reasserts the allegations contained in paragraph 1-19 above, as is fully set forth herein. 20. At all times material hereto, Defendant, REYNIER ALVAREZ MONTERO, had a duty to operate the motor vehicle owned by Defendant, MIAMI EPIC TOURS INC., A Florida Profit Corporation, in a safe and reasonable manner, and to keep control of the motor vehicle so as to prevent the vehicle from colliding with another vehicle lawfully upon the roadway. 21. At that time and place defendant, REYNIER ALVAREZ MONTERO, breached his duty by negligently operating or maintaining the motor vehicle so that it collided with plaintiff's motor vehicle. 22. As a direct and proximate result of the accident, the Defendant, REYNIER ALVAREZ MONTERO’s negligence and other misconduct as hereinafter alleged, caused the Plaintiffs, CARLOS ENRIQUE RODRIGUEZ ARTIGAS, MANUEL ROJAS BLANCO, CRISTIAN MENDOZA BENETIZ and KATIA QUINDELAN, to suffer a significant permanent loss of an important bodily function and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. The losses are either permanent or continuing and plaintiff will suffer the losses in the future. WHEREFORE, the Plaintiffs, CARLOS ENRIQUE RODRIGUEZ ARTIGAS, MANUEL ROJAS BLANCO, CRISTIAN MENDOZA BENETIZ and KATIA QUINDELAN, hereby demands judgment against the Defendant, REYNIER ALVAREZ MONTERO, for compensatory damages, costs, and such other relief this Court deems appropriate. The Plaintiff further demands a trial by jury of all issues triable as of right. COUNT II – NEGLIGENCE AS TO DEFENDANT, MIAMI EPIC TOURS INC., A Florida Profit Corporation Plaintiffs, CARLOS ENRIQUE RODRIGUEZ ARTIGAS, MANUEL ROJAS BLANCO, CRISTIAN MENDOZA BENETIZ and KATIA QUINDELAN, realleges, and reasserts the allegations contained in paragraph 1-19 above, as is fully set forth herein. 23. On or about August 29th, 2022, Defendant MIAMI EPIC TOURS INC., A Florida Profit Corporation owned a motor vehicle that was operated by Defendant REYNIER ALVAREZ MONTERO at the intersection of SW 84th ST and S DIXIE HWY in, Miami-Dade County, Florida. 24. At all times material hereto, the Defendant, MIAMI EPIC TOURS INC., A Florida Profit Corporation, as the owner of the vehicle, had a duty to own, operate and/or maintain the vehicle in a reasonable manner so as to avoid injuring other lawful motorists sharing the roadway. 25. Defendant, MIAMI EPIC TOURS INC., A Florida Profit Corporation, negligently failed to exercise the duty of reasonable care in the ownership, operation, or maintenance of the vehicle by allowing Defendant, REYNIER ALVAREZ MONTERO, to negligently operate the vehicle on August 29th, 2022, in Miami-Dade County, Florida. 26. Defendant, REYNIER ALVAREZ MONTERO, was negligent and breached the duty of reasonable care by any or all of the following acts/or omissions: a. Failing to keep a proper lookout for other drivers and vehicles on the road; b. Failing to slow owner’s vehicle as required by traffic laws; c. Violating Florida Statutes section 316.1925 (1) by driving in a careless manner; and/or d. Striking the Plaintiff’s vehicle. 27. As a result, plaintiff suffered a significant permanent loss of an important bodily function and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. The losses are either permanent or continuing and plaintiff will suffer the losses in the future. WHEREFORE, the Plaintiffs, CARLOS ENRIQUE RODRIGUEZ ARTIGAS, MANUEL ROJAS BLANCO, CRISTIAN MENDOZA BENETIZ and KATIA QUINDELAN, hereby that this Court enter judgment in its favor and against the Defendants, REYNIER ALVAREZ MONTERO and MIAMI EPIC TOURS INC., A Florida Profit Corporation, for damages, prejudgment interest, costs, expenses, attorney’s fees, and such other relief as this Court deems just and equitable. Plaintiff further demands a trial by jury of all issues so triable as of right. Dated this 26th day of March 2024. Respectfully submitted, MICHAEL A. RUIZ, P.A. Attorney for Plaintiff 7480 Bird Road, Suite 660 Miami, FL 33155 Ph: (786) 468-4274 Fx: (305) 942-2587 Email: michael.ruiz.esq@gmail.com service@mikeruizlaw.com By: /s/ Michael A. Ruiz Michael A. Ruiz, Esq. Florida Bar No.: 70502 Dairon Buergo, Esq. Florida Bar No.: 1002692 Nicole M. Garcia, Esq. Florida Bar No.: 127336