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Filing # 197779035 E-Filed 05/07/2024 12:40:18 PM
IN THE CIRCUIT COURT OF THE EIGHTEENTTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY, FLORIDA
ANDREA C. JOHNSON,
Plaintiff, CASE NO:
vs.
OWEN J. THOMAS, HAPPY
HOOKERZ TOWING, LLC., AND
USAA CASUALTY INSURANCE
COMPANY,
Defendants.
/
COMPLAINT
Plaintiff, ANDREA C. JOHNSON, sues Defendants, OWEN J. THOMAS, HAPPY
HOOKERZ TOWING, LLC., AND USAA CASUALTY INSURANCE COMPANY, and
alleges as follows:
1 This is an action for damages that exceed Fifty thousand one dollar and no cents
($50,001.00), exclusive of interest, costs 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”
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 Plaintiffs claim will be
determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const.
2. Venue is proper in Brevard County because that is where the crash giving rise to
this action occurred.
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Filing 197779035 Johnson, Andrea v Owen Thomas and Happy 05-2024-CA-027989-XXCA-BC.
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3 At all times material to this action, Plaintiff, ANDREA C. JOHNSON, was a natural
person residing in Palm Bay, Brevard County, Florida.
4 At all times material to this action, Defendant, OWEN J. THOMAS, was a natural
person residing in Palm Bay, Brevard County, Florida.
5 At all times material to this action, Defendant, HAPPY HOOKERZ TOWING,
LLC., was authorized to do and doing business in Brevard County, Florida.
6. At all times material to this action, Defendant, USAA CASUALTY INSURANCE
COMPANY, was a corporation authorized to do business and doing business in Brevard County,
Florida.
7 On or about November 13, 2023, Plaintiff, ANDREA C. JOHNSON, was the
restrained driver of a motor vehicle on S. Babcock St., in Brevard County, Florida.
8 At that time and place, Defendant, OWEN J. THOMAS, with the express or implied
consent of the Defendant, HAPPY HOOKERZ TOWING, LLC., was operating a motor vehicle
on S. Babcock St., in Brevard County, Florida
9. At that time and place, Defendant, OWEN J. THOMAS, negligently operated and/or
maintained the motor vehicle so that it collided with Plaintiff, ANDREA C. JOHNSON’S, motor
vehicle.
COUNT I- NEGLIGENCE CLAIM AGAINST
DEFENDANT, OWEN J. THOMAS
Plaintiff re-alleges those allegations contained within paragraphs 1 — 9 above, and
incorporates them herein by reference, and further states:
10. Defendant, OWEN J. THOMAS, had a duty to operate his motor vehicle in a safe
and prudent manner and to know of and abide by all state and federal laws, statutes, and regulations
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Hookerz Towing LLC
governing the safe operation of its motor vehicle, including without limitation Florida Statute Chapter
§316.
ll. As a direct and proximate result of Defendant, OWEN J. THOMAS, 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 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.
WHEREFORE, Plaintiff, ANDREA C. JOHNSON, sues Defendant, OWEN J. THOMAS,
for damages and demand judgment in excess of fifty thousand dollars ($50,000.00), and other such
relief deemed proper by the Court. Plaintiff demands a jury trial on all issues so triable.
COUNT II - NEGLIGENCE CLAIM AGAINST
HAPPY HOOKERZ TOWING, LLC.
Plaintiff re-alleges those allegations contained within paragraphs 1 — 11 above, and
incorporates them herein by reference, and further states:
12. At the time and place of the subject crash described herein, Defendant, HAPPY
HOOKERZ TOWING, LLC., was the registered owner of the motor vehicle Defendant, OWEN
J. THOMAS, was operating.
13. Pursuant to Florida’s Dangerous Instrumentality Doctrine, Defendant, HAPPY
HOOKERZ TOWING, LLC.), is vicariously liable for the negligence acts of Defendant, OWEN J,
THOMAS.
14. As a direct and proximate result of the negligence of Defendant, OWEN J.
THOMAS, for which Defendant, HAPPY HOOKERZ TOWING, LLC., is liable, Plaintiff,
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ANDREA C. JOHNSON, 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
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.
WHEREFORE, Plaintiff, ANDREA C. JOHNSON, sues Defendant, HAPPY
HOOKERZ TOWING, LLC., for damages and demands judgment in excess of fifty thousand
dollars ($50,000.00), and other such relief deemed proper by the Court. Plaintiff demands a jury trial
on all issues so triable.
COUNT III - RESPONDEAT SUPERIOR NEGLIGENCE CLAIM AGAINST.
DEFENDANT, HAPPY HOOKERZ TOWING
Plaintiff re-alleges those allegations contained within paragraphs 1 — 14 above, and
incorporates them herein by reference, and further states:
14, At the time and place of the subject crash described herein, while operating the
involved motor vehicle, Defendant, OWEN J. THOMAS, was employed by, and acting in the course
and scope of his employment with Defendant, HAPPY HOOKERZ TOWING, LLC.
15. At the time and place of the subject crash described herein, while operating the
involved motor vehicle, Defendant, OWEN J. THOMAS, was the actual or apparent agent of
Defendant, HAPPY HOOKERZ TOWING, LLC.
16. Under Florida’s principal of respondeat superior, Defendant, HAPPY HOOKERZ
TOWING, LLC., is vicariously liable to Plaintiff for damages and injuries caused by acts which
were committed within the scope and course of Defendant, OWEN J. THOMAS, employment,
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and/or which were designed to further Defendant, HAPPY HOOKERZ TOWING, LLC.,
business.
17. As a direct and proximate result of the negligence of Defendant, OWEN J.
THOMAS, for which Defendant, HAPPY HOOKERZ TOWING, LLC., is liable, Plaintiff,
ANDREA C. JOHNSON, 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
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.
WHEREFORE, Plaintiff, ANDREA C. JOHNSON, sues Defendant, HAPPY HOOKERZ
TOWING, LLC., for damages and demands judgment in excess of fifty thousand dollars
($50,000.00), and other such relief deemed proper by the Court. Plaintiff demands a jury trial on all
issues so triable.
COUNT IV — UNINSURED/UNDERINSURED MOTORIST BENEFIT CLAIM AGAINST
DEFENDANT, USAA CAUSALTY INSURANCE COMPANY
Plaintiff re-alleges those allegations contained within paragraphs 1-17 above, and incorporates herein
by reference, and further states:
18. Defendant, USAA CASUALTY INSURACE COMPANY, issued and delivered to
Plaintiff, ANDREA C. JOHNSON, in exchange for valuable consideration, a policy of insurance
numbered 015160174C71027 which was in full force and effect on the date of the accident.
19. Under the terms of the insurance policy, Defendant, USAA CASUALTY INSURANCE
COMPANY, provided uninsured/underinsured motorist coverage to Plaintiff, ANDREA C.
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JOHNSON, in the amount of Twenty Thousand Dollars ($20,000.00) per person and Forty Thousand
Dollars ($40,000.00) per accident.
20. Defendant, USAA CASUALTY INSURANCE COMPANY, has in its custody and control
a copy of the insurance policy and, therefore, it is not attached to the Complaint.
21. At all times material to this action, under-insured motorist, OWEN J. THOMAS, was an
underinsured motorist in that he carried liability insurance coverage with limits less that the Plaintiff's
total damages as a result of the subject crash.
22. Plaintiff furnished Defendant, USAA CASUALTY INSURANCE COMPANY, timely
notice of the automobile accident and proof of the claim for damages described above and has
otherwise performed all conditions precedent to entitle recovery under the uninsured/underinsured
portion of the policy.
23. Defendant, USAA CASUALTY INSURANCE COMPANY, has unjustifiably refused to
honor its contractual obligations by denying coverage exists and/or refusing to pay Plaintiff for the
full value of her claim.
24. As a direct and proximate result of the underinsured motorists, OWEN J. THOMAS,
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 or latent 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. Plaintiffs
motor vehicle was also damaged.
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WHEREFORE, Plaintiff sues the Defendant, USAA CASUALTY INSURANCE
COMPANY, for damages and demands judgement in excess of fifty thousand dollars
($50,000.00), and other such relief deemed proper by the Court. Plaintiff demands a jury trial on
all issues so triable.
RESPECTFULLY submitted this 7" day of May, 2024.
at
Ss
Erick M. Salazar, Esq:
MORGAN & MORGAN, P.A.
14229 US Highway 441
Tavares, FL 32778
Telephone: (689) 219-2506
Facsimile: (689) 219-2458
esalazar@forthepeople.com
kaitlyngarner@forthepeople.com
palston@forthepeople.com
Florida Bar Number: 1005939
Attorneys for Plaintiff
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Filing 197779035 Johnson, Andrea v Owen Thomas and Happy 05-2024-CA-027989-XXCA-BC.
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Preview
Filing # 197779035 E-Filed 05/07/2024 12:40:18 PM IN THE CIRCUIT COURT OF THE EIGHTEENTTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA ANDREA C. JOHNSON, Plaintiff, CASE NO: vs. OWEN J. THOMAS, HAPPY HOOKERZ TOWING, LLC., AND USAA CASUALTY INSURANCE COMPANY, Defendants. / COMPLAINT Plaintiff, ANDREA C. JOHNSON, sues Defendants, OWEN J. THOMAS, HAPPY HOOKERZ TOWING, LLC., AND USAA CASUALTY INSURANCE COMPANY, and alleges as follows: 1 This is an action for damages that exceed Fifty thousand one dollar and no cents ($50,001.00), exclusive of interest, costs 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” 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 Plaintiffs claim will be determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const. 2. Venue is proper in Brevard County because that is where the crash giving rise to this action occurred. 1 Filing 197779035 Johnson, Andrea v Owen Thomas and Happy 05-2024-CA-027989-XXCA-BC. Hookerz Towing LLC 3 At all times material to this action, Plaintiff, ANDREA C. JOHNSON, was a natural person residing in Palm Bay, Brevard County, Florida. 4 At all times material to this action, Defendant, OWEN J. THOMAS, was a natural person residing in Palm Bay, Brevard County, Florida. 5 At all times material to this action, Defendant, HAPPY HOOKERZ TOWING, LLC., was authorized to do and doing business in Brevard County, Florida. 6. At all times material to this action, Defendant, USAA CASUALTY INSURANCE COMPANY, was a corporation authorized to do business and doing business in Brevard County, Florida. 7 On or about November 13, 2023, Plaintiff, ANDREA C. JOHNSON, was the restrained driver of a motor vehicle on S. Babcock St., in Brevard County, Florida. 8 At that time and place, Defendant, OWEN J. THOMAS, with the express or implied consent of the Defendant, HAPPY HOOKERZ TOWING, LLC., was operating a motor vehicle on S. Babcock St., in Brevard County, Florida 9. At that time and place, Defendant, OWEN J. THOMAS, negligently operated and/or maintained the motor vehicle so that it collided with Plaintiff, ANDREA C. JOHNSON’S, motor vehicle. COUNT I- NEGLIGENCE CLAIM AGAINST DEFENDANT, OWEN J. THOMAS Plaintiff re-alleges those allegations contained within paragraphs 1 — 9 above, and incorporates them herein by reference, and further states: 10. Defendant, OWEN J. THOMAS, had a duty to operate his motor vehicle in a safe and prudent manner and to know of and abide by all state and federal laws, statutes, and regulations 2 Filing 197779035 Johnson, Andrea v Owen Thomas and Happy 05-2024-CA-027989-XXCA-BC. Hookerz Towing LLC governing the safe operation of its motor vehicle, including without limitation Florida Statute Chapter §316. ll. As a direct and proximate result of Defendant, OWEN J. THOMAS, 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 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. WHEREFORE, Plaintiff, ANDREA C. JOHNSON, sues Defendant, OWEN J. THOMAS, for damages and demand judgment in excess of fifty thousand dollars ($50,000.00), and other such relief deemed proper by the Court. Plaintiff demands a jury trial on all issues so triable. COUNT II - NEGLIGENCE CLAIM AGAINST HAPPY HOOKERZ TOWING, LLC. Plaintiff re-alleges those allegations contained within paragraphs 1 — 11 above, and incorporates them herein by reference, and further states: 12. At the time and place of the subject crash described herein, Defendant, HAPPY HOOKERZ TOWING, LLC., was the registered owner of the motor vehicle Defendant, OWEN J. THOMAS, was operating. 13. Pursuant to Florida’s Dangerous Instrumentality Doctrine, Defendant, HAPPY HOOKERZ TOWING, LLC.), is vicariously liable for the negligence acts of Defendant, OWEN J, THOMAS. 14. As a direct and proximate result of the negligence of Defendant, OWEN J. THOMAS, for which Defendant, HAPPY HOOKERZ TOWING, LLC., is liable, Plaintiff, 3 Filing 197779035 Johnson, Andrea v Owen Thomas and Happy 05-2024-CA-027989-XXCA-BC. Hookerz Towing LLC ANDREA C. JOHNSON, 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 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. WHEREFORE, Plaintiff, ANDREA C. JOHNSON, sues Defendant, HAPPY HOOKERZ TOWING, LLC., for damages and demands judgment in excess of fifty thousand dollars ($50,000.00), and other such relief deemed proper by the Court. Plaintiff demands a jury trial on all issues so triable. COUNT III - RESPONDEAT SUPERIOR NEGLIGENCE CLAIM AGAINST. DEFENDANT, HAPPY HOOKERZ TOWING Plaintiff re-alleges those allegations contained within paragraphs 1 — 14 above, and incorporates them herein by reference, and further states: 14, At the time and place of the subject crash described herein, while operating the involved motor vehicle, Defendant, OWEN J. THOMAS, was employed by, and acting in the course and scope of his employment with Defendant, HAPPY HOOKERZ TOWING, LLC. 15. At the time and place of the subject crash described herein, while operating the involved motor vehicle, Defendant, OWEN J. THOMAS, was the actual or apparent agent of Defendant, HAPPY HOOKERZ TOWING, LLC. 16. Under Florida’s principal of respondeat superior, Defendant, HAPPY HOOKERZ TOWING, LLC., is vicariously liable to Plaintiff for damages and injuries caused by acts which were committed within the scope and course of Defendant, OWEN J. THOMAS, employment, 4 Filing 197779035 Johnson, Andrea v Owen Thomas and Happy 05-2024-CA-027989-XXCA-BC. Hookerz Towing LLC and/or which were designed to further Defendant, HAPPY HOOKERZ TOWING, LLC., business. 17. As a direct and proximate result of the negligence of Defendant, OWEN J. THOMAS, for which Defendant, HAPPY HOOKERZ TOWING, LLC., is liable, Plaintiff, ANDREA C. JOHNSON, 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 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. WHEREFORE, Plaintiff, ANDREA C. JOHNSON, sues Defendant, HAPPY HOOKERZ TOWING, LLC., for damages and demands judgment in excess of fifty thousand dollars ($50,000.00), and other such relief deemed proper by the Court. Plaintiff demands a jury trial on all issues so triable. COUNT IV — UNINSURED/UNDERINSURED MOTORIST BENEFIT CLAIM AGAINST DEFENDANT, USAA CAUSALTY INSURANCE COMPANY Plaintiff re-alleges those allegations contained within paragraphs 1-17 above, and incorporates herein by reference, and further states: 18. Defendant, USAA CASUALTY INSURACE COMPANY, issued and delivered to Plaintiff, ANDREA C. JOHNSON, in exchange for valuable consideration, a policy of insurance numbered 015160174C71027 which was in full force and effect on the date of the accident. 19. Under the terms of the insurance policy, Defendant, USAA CASUALTY INSURANCE COMPANY, provided uninsured/underinsured motorist coverage to Plaintiff, ANDREA C. 5 Filing 197779035 Johnson, Andrea v Owen Thomas and Happy 05-2024-CA-027989-XXCA-BC. Hookerz Towing LLC JOHNSON, in the amount of Twenty Thousand Dollars ($20,000.00) per person and Forty Thousand Dollars ($40,000.00) per accident. 20. Defendant, USAA CASUALTY INSURANCE COMPANY, has in its custody and control a copy of the insurance policy and, therefore, it is not attached to the Complaint. 21. At all times material to this action, under-insured motorist, OWEN J. THOMAS, was an underinsured motorist in that he carried liability insurance coverage with limits less that the Plaintiff's total damages as a result of the subject crash. 22. Plaintiff furnished Defendant, USAA CASUALTY INSURANCE COMPANY, timely notice of the automobile accident and proof of the claim for damages described above and has otherwise performed all conditions precedent to entitle recovery under the uninsured/underinsured portion of the policy. 23. Defendant, USAA CASUALTY INSURANCE COMPANY, has unjustifiably refused to honor its contractual obligations by denying coverage exists and/or refusing to pay Plaintiff for the full value of her claim. 24. As a direct and proximate result of the underinsured motorists, OWEN J. THOMAS, 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 or latent 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. Plaintiffs motor vehicle was also damaged. 6 Filing 197779035 Johnson, Andrea v Owen Thomas and Happy 05-2024-CA-027989-XXCA-BC. Hookerz Towing LLC WHEREFORE, Plaintiff sues the Defendant, USAA CASUALTY INSURANCE COMPANY, for damages and demands judgement in excess of fifty thousand dollars ($50,000.00), and other such relief deemed proper by the Court. Plaintiff demands a jury trial on all issues so triable. RESPECTFULLY submitted this 7" day of May, 2024. at Ss Erick M. Salazar, Esq: MORGAN & MORGAN, P.A. 14229 US Highway 441 Tavares, FL 32778 Telephone: (689) 219-2506 Facsimile: (689) 219-2458 esalazar@forthepeople.com kaitlyngarner@forthepeople.com palston@forthepeople.com Florida Bar Number: 1005939 Attorneys for Plaintiff 7 Filing 197779035 Johnson, Andrea v Owen Thomas and Happy 05-2024-CA-027989-XXCA-BC. Hookerz Towing LLC