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Filing # 196429285 E-Filed 04/17/2024 04:34:52 PM
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR
BREVARD COUNTY FLORIDA
CASE NO:
JASON MANORE,
Plaintiff,
vs.
BOBBIE SCHWANTZ AND REGINA DEMPSEY,
Defendants.
COMPLAINT
Plaintiff, JASON MANORE, files this complaint against Defendants, BOBBIE
SCHWANTZ and REGINA DEMPSEY, 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, JASON MANORE, 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, JASON MANORE’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 to this action, Plaintiff, JASON MANORE, was a natural
person residing in Brevard, Florida.
3. At all times material to this action, Defendant, BOBBIE SCHWANTZ was a
Filing 196429285 Manore, Jason vs. Schwantz, Bobbie 05-2024-CA-025097-XXCA-BC.
natural person residing in Brevard County, Florida.
4 At all times material to this action, Defendant, REGINA DEMPSEY, was a natural
person residing in Brevard County, Florida.
5 On or about June 13, 2023, Plaintiff, JASON MANORE, was operating a motor
vehicle travelling North on County Road 3 (S Tropical Trail) approaching the driveway of 6065 S
Tropical Trail, in Merritt Island, Brevard County, Florida.
6. At that time and place, Defendant, BOBBIE SCHWANTZ, was operating a motor
vehicle owned by Defendant, REGINA DEMPSEY, travelling North on County Road 3 (S
Tropical Trail), directly behind Plaintiff, in Merritt Island, Brevard County, Florida.
7 All incidents giving rise to this action occurred in Brevard County, Florida.
COUNTI
PLAINTIFF’S CLAIM OF NEGLIGENCE AS TO DEFENDANT, BOBBIE SCHWANTZ
Plaintiff, JASON MANORE, realleges and incorporates by reference paragraphs 1 through
7 and further states:
8 Defendant, BOBBIE SCHWANTZ, owed a duty to Plaintiff, JASON MANORE,
to use reasonable care in the operation of her motor vehicle.
9. At said time and place, Defendant, BOBBIE SCHWANTZ, breached that duty
when he negligently operated and/or maintained his motor vehicle by failing to come to a stop and
subsequently crashing into the rear of Plaintiffs motor vehicle.
10. As a direct and proximate result of the negligence of Defendant, BOBBIE
SCHWANTZ, Plaintiff, JASON MANORE, 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
Filing 196429285 Manore, Jason vs. Schwantz, Bobbie 05-2024-CA-025097-XXCA-BC.
life, aggravation 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, JASON MANORE also suffered other damages, including, but not limited to, loss
of the use of the subject vehicle, damage to the subject vehicle. Plaintiff, JASON MANORE, will
suffer or incur the injuries, expenses and impairment in the future.
WHEREFORE, the Plaintiff, JASON MANORE, demands judgment for damages against
Defendant, BOBBIE SCHWANTZ, and other such relief deemed proper by the Court. Plaintiff
also demands a jury trial on all issues so triable.
COUNT II
PLAINTIFF’S CLAIM OF NEGLIGENCE AS TO DEFENDANT, REGINA DEMPSEY
Plaintiff, JASON MANORE, realleges and incorporates by reference paragraphs 1
through 7 and further states:
ll. Defendant, REGINA DEMPSEY, as owner of the motor vehicle that Defendant,
BOBBIE SCHWANTZ was operating, is vicariously liable for the negligence of Defendant,
BOBBIE SCHWANTZ.
12. Defendant, BOBBIE SCHWANTZ, was operating the motor vehicle with the
consent and permission of Defendant, REGINA DEMPSEY.
13. Defendant, BOBBIE SCHWANTZ, owed a duty to Plaintiff to use reasonable care
in the operation of her motor vehicle.
14, At said time and place, Defendant, REGINA DEMPSEY, was vicariously liable for
the negligence of driver, BOBBIE SCHWANTZ, when he negligently operated and/or maintained
his motor vehicle by failing to come to a stop and subsequently crashing into the rear of Plaintiff's
motor vehicle.
Filing 196429285 Manore, Jason vs. Schwantz, Bobbie 05-2024-CA-025097-XXCA-BC.
16. As a direct and proximate result of Defendant, REGINA DEMPSEY’s vicarious
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, an
aggravation of an existing disease or physical defect, an activation of latent disease or physical
defect, 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.
WHEREFORE, Plaintiff, JASON MANORE, demands judgement for damages against
Defendant, REGINA DEMPSEY, and other such relief deemed proper by the Court. Plaintiff also
demands jury trial on all issues so triable.
RESPECTFULLY submitted this 17" day of April 2024.
/s/ Bailey Shadburn
Bailey Shadburn, Esquire
FBN 127564
Morgan & Morgan, P.A.
940 S Harbor City Bvd
Melbourne, FL 32901
321-361-3532, fax 321-361-6473
Primary email: BShadburn@forthepeople.com
Secondary email: MSpradley@forthepeople.com
Lorraine.Perez@forthepeople.com
Attorneys for Plaintiff
Filing 196429285 Manore, Jason vs. Schwantz, Bobbie 05-2024-CA-025097-XXCA-BC.
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Filing # 196429285 E-Filed 04/17/2024 04:34:52 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY FLORIDA CASE NO: JASON MANORE, Plaintiff, vs. BOBBIE SCHWANTZ AND REGINA DEMPSEY, Defendants. COMPLAINT Plaintiff, JASON MANORE, files this complaint against Defendants, BOBBIE SCHWANTZ and REGINA DEMPSEY, 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, JASON MANORE, 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, JASON MANORE’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 to this action, Plaintiff, JASON MANORE, was a natural person residing in Brevard, Florida. 3. At all times material to this action, Defendant, BOBBIE SCHWANTZ was a Filing 196429285 Manore, Jason vs. Schwantz, Bobbie 05-2024-CA-025097-XXCA-BC. natural person residing in Brevard County, Florida. 4 At all times material to this action, Defendant, REGINA DEMPSEY, was a natural person residing in Brevard County, Florida. 5 On or about June 13, 2023, Plaintiff, JASON MANORE, was operating a motor vehicle travelling North on County Road 3 (S Tropical Trail) approaching the driveway of 6065 S Tropical Trail, in Merritt Island, Brevard County, Florida. 6. At that time and place, Defendant, BOBBIE SCHWANTZ, was operating a motor vehicle owned by Defendant, REGINA DEMPSEY, travelling North on County Road 3 (S Tropical Trail), directly behind Plaintiff, in Merritt Island, Brevard County, Florida. 7 All incidents giving rise to this action occurred in Brevard County, Florida. COUNTI PLAINTIFF’S CLAIM OF NEGLIGENCE AS TO DEFENDANT, BOBBIE SCHWANTZ Plaintiff, JASON MANORE, realleges and incorporates by reference paragraphs 1 through 7 and further states: 8 Defendant, BOBBIE SCHWANTZ, owed a duty to Plaintiff, JASON MANORE, to use reasonable care in the operation of her motor vehicle. 9. At said time and place, Defendant, BOBBIE SCHWANTZ, breached that duty when he negligently operated and/or maintained his motor vehicle by failing to come to a stop and subsequently crashing into the rear of Plaintiffs motor vehicle. 10. As a direct and proximate result of the negligence of Defendant, BOBBIE SCHWANTZ, Plaintiff, JASON MANORE, 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 Filing 196429285 Manore, Jason vs. Schwantz, Bobbie 05-2024-CA-025097-XXCA-BC. life, aggravation 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, JASON MANORE also suffered other damages, including, but not limited to, loss of the use of the subject vehicle, damage to the subject vehicle. Plaintiff, JASON MANORE, will suffer or incur the injuries, expenses and impairment in the future. WHEREFORE, the Plaintiff, JASON MANORE, demands judgment for damages against Defendant, BOBBIE SCHWANTZ, and other such relief deemed proper by the Court. Plaintiff also demands a jury trial on all issues so triable. COUNT II PLAINTIFF’S CLAIM OF NEGLIGENCE AS TO DEFENDANT, REGINA DEMPSEY Plaintiff, JASON MANORE, realleges and incorporates by reference paragraphs 1 through 7 and further states: ll. Defendant, REGINA DEMPSEY, as owner of the motor vehicle that Defendant, BOBBIE SCHWANTZ was operating, is vicariously liable for the negligence of Defendant, BOBBIE SCHWANTZ. 12. Defendant, BOBBIE SCHWANTZ, was operating the motor vehicle with the consent and permission of Defendant, REGINA DEMPSEY. 13. Defendant, BOBBIE SCHWANTZ, owed a duty to Plaintiff to use reasonable care in the operation of her motor vehicle. 14, At said time and place, Defendant, REGINA DEMPSEY, was vicariously liable for the negligence of driver, BOBBIE SCHWANTZ, when he negligently operated and/or maintained his motor vehicle by failing to come to a stop and subsequently crashing into the rear of Plaintiff's motor vehicle. Filing 196429285 Manore, Jason vs. Schwantz, Bobbie 05-2024-CA-025097-XXCA-BC. 16. As a direct and proximate result of Defendant, REGINA DEMPSEY’s vicarious 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, an aggravation of an existing disease or physical defect, an activation of latent disease or physical defect, 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. WHEREFORE, Plaintiff, JASON MANORE, demands judgement for damages against Defendant, REGINA DEMPSEY, and other such relief deemed proper by the Court. Plaintiff also demands jury trial on all issues so triable. RESPECTFULLY submitted this 17" day of April 2024. /s/ Bailey Shadburn Bailey Shadburn, Esquire FBN 127564 Morgan & Morgan, P.A. 940 S Harbor City Bvd Melbourne, FL 32901 321-361-3532, fax 321-361-6473 Primary email: BShadburn@forthepeople.com Secondary email: MSpradley@forthepeople.com Lorraine.Perez@forthepeople.com Attorneys for Plaintiff Filing 196429285 Manore, Jason vs. Schwantz, Bobbie 05-2024-CA-025097-XXCA-BC.