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Filing # 196884390 E-Filed 04/24/2024 12:25:11 PM
IN THE CIRCUIT COURT OF THE 117#
JUDICIAL CIRCUIT IN AND FOR
MIAMI- DADE COUNTY, FLORIDA
INGRID ANABELL MAIRENA HERRERA GENERAL JURISDICTION DIVISION
Plaintiff, CASE NO.:
V.
ULRICK JEAN BAPTISTE, an
individual,
And
COMPREHENSIVE HEALTH CENTER,
LLC., a Foreign Profit Corporation
Defendants.
/
COMPLAINT FOR DAMAGES
COMES NOW the Plaintiff, INGRID ANABELL MAIRENA HERRERA (“HERRERA”)
by and through his undersigned attorney, sues the Defendants, ULRICK JEAN BAPTISTE
(“BAPTISTE”), and COMPREHENSIVE HEALTH CENTER, LLC. (“COMPREHENSIVE”)
pursuant to all applicable Florida Rules of Civil Procedure alleges as follows:
JURISDICTIONAL ALLEGATIONS
1 This is an action for damages that exceeds fifty thousand dollars ($50,000.00.)
2. At all times material hereto, the Plaintiff is a resident of Miami-Dade County, Florida
and all incidents described in this Complaint occurred in Miami-Dade County, Florida.
3 At all times material hereto, the Defendant, BAPTISTE is a resident of Miami-Dade
County, Florida.
4 At all times material hereto, the Defendant, COMPREHENSIVE, was a Foreign
Profit Corporation, with a principal place of business 650 N.W. 120" Street, North Miami, FL 33168
authorized to do business in Miami-Dade County, Florida.
5 All incidents described in this Complaint occurred in Miami-Dade County, Florida,
establishing the 11'* Judicial Circuit in and for Miami-Dade County, Florida as the proper venue.
FERRER LAW. P.A.
7715 NW 48" Street, Suite 395 * Doral, Florida 33166 * Office (305) 697-2224 Facsimile (305) 397-0969
Page 2 of 4
FACTS COMMON TO ALL COUNTS
6 At all times, material hereto, Defendant, COMPREHENSIVE was the owner, lessee
or was otherwise in control of the 2017 white Ford Transit van, Florida license plate number
NXZN48 and vehicle identification number 1FBZX2CM9HKA47478 (hereinafter referred to as
“Defendant vehicle”).
7 At all times material hereto, Defendant BAPTISTE, was in the course and scope of
his employment with COMPREHENSIVE.
8 At all times material hereto, Defendant BAPTISTE, was authorized to and had
permission to operate the Defendant vehicle.
9 On June 1, 2023, Defendant, BAPTISTE, was operating the Defendant vehicle at or
near the intersection at 11901 NW 7" Avenue in Miami-Dade County, Florida.
10. At that date and time, Defendant BAPTISTE failed to yield the right of way to traffic
and caused a collision with Plaintiff's vehicle. (“The collision”)
ll. As a result of the collision, Plaintiff, HERRERA, suffered permanent and severe
injuries.
COUNT I- NEGLIGENCE AS TO DEFENDANT
ULRICK JEAN BAPTISTE
Plaintiff re-adopts and re-alleges paragraphs one (1) through eleven (11) of this Complaint,
and further states follows:
12. At all times material hereto, Defendant, ULRICK JEAN BAPTISTE, had a duty to
operate the vehicle in a reasonable and controlled manner.
13. The Defendant owed the aforementioned duty to all drivers and pedestrians, including
the Plaintiff.
FERRER LAW. P.A.
7715 NW 48" Street, Suite 395 * Doral, Florida 33166 * Office (305) 697-2224 Facsimile (305) 397-0969
Page 3 of 4
14. The Defendant, BAPTISTE, breached said duty by negligently, recklessly, carelessly
and/or intentionally operating or maintain the vehicle so that is collided into the automobile operated
by the Plaintiff.
15. The Defendant, BAPTISTE’s, breach of said duty was the actual and proximate cause
of Plaintiffs injuries.
16. As a direct result of the Defendant, BAPTISTE’s negligence, the Plaintiff, suffered
permanent losses including but not limited to bodily injury and resulting pain and suffering, disability,
disfigurement, mental anguish, loss of capacity for the enjoyment of life, expenses of hospitalization,
medical and nursing care and treatment, aggravation or acceleration or activation of pre-existing
injury, loss of earnings and loss of ability to earn money. These losses are either permanent or
continuing in nature and the Plaintiff will suffer these losses in the future.
WHEREFORE, the Plaintiff, INGRID ANABELL MAIRENA HERRERA demands
judgment against the Defendant, BAPTISTE, for damages, costs of this action and all other further
equitable and legal relief as this Court may deem appropriate and demands a jury trial on all issues
so triable.
COUNT I- VICARIOUS LIABILITY AS TO DEFENDANT
COMPREHENSIVE HEALTH CENTER, LLC.
Plaintiff re-adopts and re-allege paragraphs one (1) through eleven (11) of this Complaint, and
further states as follows:
17. At the time of the accident on June 1, 2023, Defendant, BAPTISTE, was an employee
and/or agent of the Defendant, COMPREHENSIVE.
18. BAPTISTE was acting within the course and scope of his employment and/or agency
at the time of the accident.
19. BAPTISTE, as operator of the motor vehicle, was negligent, causing personal injury
to the Plaintiff.
FERRER LAW. P.A.
7715 NW 48" Street, Suite 395 * Doral, Florida 33166 * Office (305) 697-2224 Facsimile (305) 397-0969
Page 4 of 4
20. The Defendant, COMPREHENSIVE, at all times material hereto, was the employer
and/or principal of BAPTISTE, and is vicariously liable under the Doctrine of Respondeat Superior
and/or Actual Agency, and/or Apparent Agency and/or Inherent Agency for the negligence of its
employee and/or agent, BAPTISTE.
21. As a direct result of the Defendant, BAPTISTE’s negligence, the Plaintiff, suffered
permanent losses including but not limited to bodily injury and resulting pain and suffering, disability,
disfigurement, mental anguish, loss of capacity for the enjoyment of life, expenses of hospitalization,
medical and nursing care and treatment, aggravation or acceleration or activation of pre-existing
injury, loss of earnings and loss of ability to earn money. These losses are either permanent or
continuing in nature and the Plaintiff will suffer these losses in the future.
WHEREFORE, the Plaintiff, INGRID ANABELL MAIRENA HERRERA demands
judgment against the Defendant, COMPREHENSIVE, for damages, costs of this action and all other
further equitable and legal relief as this Court may deem appropriate, and demands a jury trial on all
issues so triable.
DATED this 24" day of April 2024.
Ferrer Law, P.A.
Attorneys for Plaintiff
7715 NW 48" Street, Suite 395
Doral, Florida 33166
(305) 697-2224 Office
(305) 397-0969 Facsimile
By:
Christian A. Ferrer
FL Bar No. 1008231
FERRER LAW. P.A.
7715 NW 48" Street, Suite 395 * Doral, Florida 33166 * Office (305) 697-2224 Facsimile (305) 397-0969
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Filing # 196884390 E-Filed 04/24/2024 12:25:11 PM IN THE CIRCUIT COURT OF THE 117# JUDICIAL CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA INGRID ANABELL MAIRENA HERRERA GENERAL JURISDICTION DIVISION Plaintiff, CASE NO.: V. ULRICK JEAN BAPTISTE, an individual, And COMPREHENSIVE HEALTH CENTER, LLC., a Foreign Profit Corporation Defendants. / COMPLAINT FOR DAMAGES COMES NOW the Plaintiff, INGRID ANABELL MAIRENA HERRERA (“HERRERA”) by and through his undersigned attorney, sues the Defendants, ULRICK JEAN BAPTISTE (“BAPTISTE”), and COMPREHENSIVE HEALTH CENTER, LLC. (“COMPREHENSIVE”) pursuant to all applicable Florida Rules of Civil Procedure alleges as follows: JURISDICTIONAL ALLEGATIONS 1 This is an action for damages that exceeds fifty thousand dollars ($50,000.00.) 2. At all times material hereto, the Plaintiff is a resident of Miami-Dade County, Florida and all incidents described in this Complaint occurred in Miami-Dade County, Florida. 3 At all times material hereto, the Defendant, BAPTISTE is a resident of Miami-Dade County, Florida. 4 At all times material hereto, the Defendant, COMPREHENSIVE, was a Foreign Profit Corporation, with a principal place of business 650 N.W. 120" Street, North Miami, FL 33168 authorized to do business in Miami-Dade County, Florida. 5 All incidents described in this Complaint occurred in Miami-Dade County, Florida, establishing the 11'* Judicial Circuit in and for Miami-Dade County, Florida as the proper venue. FERRER LAW. P.A. 7715 NW 48" Street, Suite 395 * Doral, Florida 33166 * Office (305) 697-2224 Facsimile (305) 397-0969 Page 2 of 4 FACTS COMMON TO ALL COUNTS 6 At all times, material hereto, Defendant, COMPREHENSIVE was the owner, lessee or was otherwise in control of the 2017 white Ford Transit van, Florida license plate number NXZN48 and vehicle identification number 1FBZX2CM9HKA47478 (hereinafter referred to as “Defendant vehicle”). 7 At all times material hereto, Defendant BAPTISTE, was in the course and scope of his employment with COMPREHENSIVE. 8 At all times material hereto, Defendant BAPTISTE, was authorized to and had permission to operate the Defendant vehicle. 9 On June 1, 2023, Defendant, BAPTISTE, was operating the Defendant vehicle at or near the intersection at 11901 NW 7" Avenue in Miami-Dade County, Florida. 10. At that date and time, Defendant BAPTISTE failed to yield the right of way to traffic and caused a collision with Plaintiff's vehicle. (“The collision”) ll. As a result of the collision, Plaintiff, HERRERA, suffered permanent and severe injuries. COUNT I- NEGLIGENCE AS TO DEFENDANT ULRICK JEAN BAPTISTE Plaintiff re-adopts and re-alleges paragraphs one (1) through eleven (11) of this Complaint, and further states follows: 12. At all times material hereto, Defendant, ULRICK JEAN BAPTISTE, had a duty to operate the vehicle in a reasonable and controlled manner. 13. The Defendant owed the aforementioned duty to all drivers and pedestrians, including the Plaintiff. FERRER LAW. P.A. 7715 NW 48" Street, Suite 395 * Doral, Florida 33166 * Office (305) 697-2224 Facsimile (305) 397-0969 Page 3 of 4 14. The Defendant, BAPTISTE, breached said duty by negligently, recklessly, carelessly and/or intentionally operating or maintain the vehicle so that is collided into the automobile operated by the Plaintiff. 15. The Defendant, BAPTISTE’s, breach of said duty was the actual and proximate cause of Plaintiffs injuries. 16. As a direct result of the Defendant, BAPTISTE’s negligence, the Plaintiff, suffered permanent losses including but not limited to bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expenses of hospitalization, medical and nursing care and treatment, aggravation or acceleration or activation of pre-existing injury, loss of earnings and loss of ability to earn money. These losses are either permanent or continuing in nature and the Plaintiff will suffer these losses in the future. WHEREFORE, the Plaintiff, INGRID ANABELL MAIRENA HERRERA demands judgment against the Defendant, BAPTISTE, for damages, costs of this action and all other further equitable and legal relief as this Court may deem appropriate and demands a jury trial on all issues so triable. COUNT I- VICARIOUS LIABILITY AS TO DEFENDANT COMPREHENSIVE HEALTH CENTER, LLC. Plaintiff re-adopts and re-allege paragraphs one (1) through eleven (11) of this Complaint, and further states as follows: 17. At the time of the accident on June 1, 2023, Defendant, BAPTISTE, was an employee and/or agent of the Defendant, COMPREHENSIVE. 18. BAPTISTE was acting within the course and scope of his employment and/or agency at the time of the accident. 19. BAPTISTE, as operator of the motor vehicle, was negligent, causing personal injury to the Plaintiff. FERRER LAW. P.A. 7715 NW 48" Street, Suite 395 * Doral, Florida 33166 * Office (305) 697-2224 Facsimile (305) 397-0969 Page 4 of 4 20. The Defendant, COMPREHENSIVE, at all times material hereto, was the employer and/or principal of BAPTISTE, and is vicariously liable under the Doctrine of Respondeat Superior and/or Actual Agency, and/or Apparent Agency and/or Inherent Agency for the negligence of its employee and/or agent, BAPTISTE. 21. As a direct result of the Defendant, BAPTISTE’s negligence, the Plaintiff, suffered permanent losses including but not limited to bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expenses of hospitalization, medical and nursing care and treatment, aggravation or acceleration or activation of pre-existing injury, loss of earnings and loss of ability to earn money. These losses are either permanent or continuing in nature and the Plaintiff will suffer these losses in the future. WHEREFORE, the Plaintiff, INGRID ANABELL MAIRENA HERRERA demands judgment against the Defendant, COMPREHENSIVE, for damages, costs of this action and all other further equitable and legal relief as this Court may deem appropriate, and demands a jury trial on all issues so triable. DATED this 24" day of April 2024. Ferrer Law, P.A. Attorneys for Plaintiff 7715 NW 48" Street, Suite 395 Doral, Florida 33166 (305) 697-2224 Office (305) 397-0969 Facsimile By: Christian A. Ferrer FL Bar No. 1008231 FERRER LAW. P.A. 7715 NW 48" Street, Suite 395 * Doral, Florida 33166 * Office (305) 697-2224 Facsimile (305) 397-0969