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Filing # 195601773 E-Filed 04/05/2024 03:18:39 PM
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
MAXIMINO LEBRON ACEVEDO,
Plaintiff, CASE NO.
DIVISION:
vs.
EARNEST EDWARD GLISSON
and FANICAT LLC,
a Florida Limited Liability Company,
Defendants.
/
COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
Plaintiff, MAXIMINO LEBRON ACEVEDO (“ACEVEDO”), by and through his
undersigned attorney, file this Complaint against the Defendants, EARNEST EDWARD
GLISSON (“GLISSON”) and FANICAT LLC, a Florida Limited Liability Company, and alleges
as follows:
BACKGROUND
1 This is an action for damages in excess of Fifty Thousand and 00/100 Dollars
($50,000.00), exclusive of interest, costs, and attorney’s fees.
2 At the time of the subject automobile collision, Plaintiff, ACEVEDO, resided in
Pasco County, Florida.
3 At all times relevant to this action, Defendant, GLISSON, resided in Pasco County,
Florida.
4 At all times relevant to this action, Defendant, FANICAT LLC, was a Florida
limited liability company, doing business in the State of Florida.
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5 On January 2, 2024, Plaintiff, ACEVEDO, was involved in a motor vehicle
collision, which occurred in Hillsborough County, Florida, giving rise to the filing of this
Complaint.
6 Plaintiff, ACEVEDO, was traveling northbound on Jackson Street approaching the
intersection of North US Highway 301.
7
Defendant, GLISSON, was traveling southbound on Jackson Street approaching
the intersection of North US Highway 301.
8 Plaintiff, ACEVEDO, entered the intersection to cross over US Highway 301
traveling northbound on Jackson Street.
9 Just prior to the collision, Defendant, GLISSON, initiated a left turn onto North US
Highway 301 crossing into the southbound lane of travel of Jackson Road.
10. Defendant, GLISSON, violated the Plaintiffs right of way at the intersection of
Jackson Street and North US Highway 301.
ll. As a result of GLISSON’S violation of the Plaintiff's right of way, Defendant
collided with the Plaintiff's vehicle.
12. At all times material, the subject work truck driven by the Defendant, GLISSON,
‘was owned and under the control of Defendant, FANICAT LLC.
13. At all times relevant to this action, Plaintiff, ACEVEDO, had no opportunity to
avoid the collision.
14. At the time of the collision, Plaintiff, ACEVEDO, had the right of way.
15. At said time and place, Defendant, GLISSON, did so negligently and carelessly
drive, manage and operate his vehicle, thereby causing a collision with Plaintiff's vehicle, causing
permanent injuries to Plaintiff, ACEVEDO.
2
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16. At all times relevant to this action, Defendant, GLISSON, was driving with the
permission and consent of Defendant, FANICAT LLC.
17. All conditions precedent to the initiation or maintenance of this action have been
performed by Plaintiff, ACEVEDO, have occurred, or have been waived.
COUNT I
NEGLIGENCE OF EARNEST EDWARD GLISSON
18. Plaintiff, MAXIMINO LEBRON ACEVEDO, re-alleges Paragraphs one (1)
through seventeen (17) as if fully set forth herein.
19. Defendant, GLISSON, owed Plaintiff, ACEVEDO, a duty of reasonable care in
operating and maintaining his vehicle.
20. Defendant, GLISSON, breached his duty of reasonable care by:
(a) Failing to maintain a proper lookout;
(b) Failing to obey the traffic laws;
(©) Failing to pay attention to the road and traffic while driving;
(d) Driving carelessly in violation of Section 316.1925(1), Fla. Statutes; and
(e) Violating Plaintiff's right of way.
21. As a direct and proximate result of Defendant, GLISSON’S negligence, Plaintiff,
ACEVEDO, was permanently injured.
22. Failure of Defendant, GLISSON, to exercise reasonable care was the proximate
cause of Plaintiff, ACEVEDO'S injuries when Defendant’s vehicle collided with the Plaintiff,
ACEVEDO’S vehicle.
3
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23. As a direct and proximate result of the collision and impact, Plaintiff, ACEVEDO,
sustained bodily injuries and has incurred damages, including but not limited to, pain and suffering,
disability and disfigurement, mental anguish, loss of capacity for the enjoyment of life, the
reasonable value of hospital and medical care and treatment, past and future lost wages and/or the
aggravating of a pre-existing condition.
24. The injuries that Plaintiff, ACEVEDO, sustained are permanent or continuing
within a reasonable degree of medical probability, therefore, damages include, past, present and
future losses for the remainder of his life expectancy.
WHEREFORE, Plaintiff, MAXIMINO LEBRON ACEVEDO, demands judgment in
excess of Fifty Thousand and 00/100 Dollars ($50,000.00) against Defendant, EARNEST
EDWARD GLISSON, for damages, together with costs, and such other and further relief as this
Court may deem proper. Plaintiff demands trial by jury on all issues so triable.
COUNTIT
NEGLIGENCE AGAINST DEFENDANT FANICAT LLC
25. Plaintiff, MAXIMINO LEBRON ACEVEDO, realleges Paragraphs one (1)
through seventeen (17), and nineteen (19) through twenty-four (24).
26. At all times material, Defendant, FANICAT LLC, entrusted Defendant, GLISSON,
with the subject vehicle that it owned and Defendant, GLISSON, was driving at the time of the
collision.
27. At all times material, Defendant, FANICAT LLC, was vicariously liable for the
negligent misuse of the car driven by Defendant, GLISSON, pursuant to the dangerous
instrumentality doctrine.
4
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28 At all times material, Defendant, GLISSON, was acting in the care and scope of his
employment with Defendant, FANICAT LLC.
WHEREFORE, Plaintiff, ACEVEDO, demands judgment in excess of Fifty Thousand and
00/100 Dollars ($50,000.00) against Defendant, FANICAT LLC, for damages, together with costs
and such other and further relief as this Court may deem proper. Plaintiff demands trial by jury on
all issues so triable.
JURY TRIAL DEMAND
Plaintiff, MAXIMINO LEBRON ACEVEDO, demands his trial by jury on all issues so
“ Dated this s day of April, 2024
1%
WRIGHT
FYorida Bai ‘0.: 867330
ARK H. RIGHT, PLLC
R00 West DeLe)n Street
pa Floridg/33606
Tel -2020
Facsimile: 813-251-6711
Attorney for Plaintiff
eservice@markwrightlaw.com
3
4/5/2024 3:18 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5
Preview
Filing # 195601773 E-Filed 04/05/2024 03:18:39 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION MAXIMINO LEBRON ACEVEDO, Plaintiff, CASE NO. DIVISION: vs. EARNEST EDWARD GLISSON and FANICAT LLC, a Florida Limited Liability Company, Defendants. / COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL Plaintiff, MAXIMINO LEBRON ACEVEDO (“ACEVEDO”), by and through his undersigned attorney, file this Complaint against the Defendants, EARNEST EDWARD GLISSON (“GLISSON”) and FANICAT LLC, a Florida Limited Liability Company, and alleges as follows: BACKGROUND 1 This is an action for damages in excess of Fifty Thousand and 00/100 Dollars ($50,000.00), exclusive of interest, costs, and attorney’s fees. 2 At the time of the subject automobile collision, Plaintiff, ACEVEDO, resided in Pasco County, Florida. 3 At all times relevant to this action, Defendant, GLISSON, resided in Pasco County, Florida. 4 At all times relevant to this action, Defendant, FANICAT LLC, was a Florida limited liability company, doing business in the State of Florida. 4/5/2024 3:18 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 5 On January 2, 2024, Plaintiff, ACEVEDO, was involved in a motor vehicle collision, which occurred in Hillsborough County, Florida, giving rise to the filing of this Complaint. 6 Plaintiff, ACEVEDO, was traveling northbound on Jackson Street approaching the intersection of North US Highway 301. 7 Defendant, GLISSON, was traveling southbound on Jackson Street approaching the intersection of North US Highway 301. 8 Plaintiff, ACEVEDO, entered the intersection to cross over US Highway 301 traveling northbound on Jackson Street. 9 Just prior to the collision, Defendant, GLISSON, initiated a left turn onto North US Highway 301 crossing into the southbound lane of travel of Jackson Road. 10. Defendant, GLISSON, violated the Plaintiffs right of way at the intersection of Jackson Street and North US Highway 301. ll. As a result of GLISSON’S violation of the Plaintiff's right of way, Defendant collided with the Plaintiff's vehicle. 12. At all times material, the subject work truck driven by the Defendant, GLISSON, ‘was owned and under the control of Defendant, FANICAT LLC. 13. At all times relevant to this action, Plaintiff, ACEVEDO, had no opportunity to avoid the collision. 14. At the time of the collision, Plaintiff, ACEVEDO, had the right of way. 15. At said time and place, Defendant, GLISSON, did so negligently and carelessly drive, manage and operate his vehicle, thereby causing a collision with Plaintiff's vehicle, causing permanent injuries to Plaintiff, ACEVEDO. 2 4/5/2024 3:18 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 16. At all times relevant to this action, Defendant, GLISSON, was driving with the permission and consent of Defendant, FANICAT LLC. 17. All conditions precedent to the initiation or maintenance of this action have been performed by Plaintiff, ACEVEDO, have occurred, or have been waived. COUNT I NEGLIGENCE OF EARNEST EDWARD GLISSON 18. Plaintiff, MAXIMINO LEBRON ACEVEDO, re-alleges Paragraphs one (1) through seventeen (17) as if fully set forth herein. 19. Defendant, GLISSON, owed Plaintiff, ACEVEDO, a duty of reasonable care in operating and maintaining his vehicle. 20. Defendant, GLISSON, breached his duty of reasonable care by: (a) Failing to maintain a proper lookout; (b) Failing to obey the traffic laws; (©) Failing to pay attention to the road and traffic while driving; (d) Driving carelessly in violation of Section 316.1925(1), Fla. Statutes; and (e) Violating Plaintiff's right of way. 21. As a direct and proximate result of Defendant, GLISSON’S negligence, Plaintiff, ACEVEDO, was permanently injured. 22. Failure of Defendant, GLISSON, to exercise reasonable care was the proximate cause of Plaintiff, ACEVEDO'S injuries when Defendant’s vehicle collided with the Plaintiff, ACEVEDO’S vehicle. 3 4/5/2024 3:18 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 23. As a direct and proximate result of the collision and impact, Plaintiff, ACEVEDO, sustained bodily injuries and has incurred damages, including but not limited to, pain and suffering, disability and disfigurement, mental anguish, loss of capacity for the enjoyment of life, the reasonable value of hospital and medical care and treatment, past and future lost wages and/or the aggravating of a pre-existing condition. 24. The injuries that Plaintiff, ACEVEDO, sustained are permanent or continuing within a reasonable degree of medical probability, therefore, damages include, past, present and future losses for the remainder of his life expectancy. WHEREFORE, Plaintiff, MAXIMINO LEBRON ACEVEDO, demands judgment in excess of Fifty Thousand and 00/100 Dollars ($50,000.00) against Defendant, EARNEST EDWARD GLISSON, for damages, together with costs, and such other and further relief as this Court may deem proper. Plaintiff demands trial by jury on all issues so triable. COUNTIT NEGLIGENCE AGAINST DEFENDANT FANICAT LLC 25. Plaintiff, MAXIMINO LEBRON ACEVEDO, realleges Paragraphs one (1) through seventeen (17), and nineteen (19) through twenty-four (24). 26. At all times material, Defendant, FANICAT LLC, entrusted Defendant, GLISSON, with the subject vehicle that it owned and Defendant, GLISSON, was driving at the time of the collision. 27. At all times material, Defendant, FANICAT LLC, was vicariously liable for the negligent misuse of the car driven by Defendant, GLISSON, pursuant to the dangerous instrumentality doctrine. 4 4/5/2024 3:18 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4 28 At all times material, Defendant, GLISSON, was acting in the care and scope of his employment with Defendant, FANICAT LLC. WHEREFORE, Plaintiff, ACEVEDO, demands judgment in excess of Fifty Thousand and 00/100 Dollars ($50,000.00) against Defendant, FANICAT LLC, for damages, together with costs and such other and further relief as this Court may deem proper. Plaintiff demands trial by jury on all issues so triable. JURY TRIAL DEMAND Plaintiff, MAXIMINO LEBRON ACEVEDO, demands his trial by jury on all issues so “ Dated this s day of April, 2024 1% WRIGHT FYorida Bai ‘0.: 867330 ARK H. RIGHT, PLLC R00 West DeLe)n Street pa Floridg/33606 Tel -2020 Facsimile: 813-251-6711 Attorney for Plaintiff eservice@markwrightlaw.com 3 4/5/2024 3:18 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5