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Filing # 198115305 E-Filed 05/11/2024 11:08:08 PM
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
HAILIE MARIE HERNANDEZ,
Plaintiff, CASE NUMBER:
v.
CHARLES LAWRENCE BUTLER,
YOE L. GIRALDES JOVA and
ADONYS DIAZ SUAREZ,
Defendants.
___________________________/
COMPLAINT
COMES NOW the Plaintiff, HAILIE MARIE HERNANDEZ, and sues Defendants,
CHARLES LAWRENCE BUTLER, YOE L. GIRALDES JOVA and ADONYS DIAZ SUAREZ,
and alleges:
JURISDICTIONAL STATEMENT
1. This is an action for damages that exceed $50,000.00 exclusive of costs and
attorney fees.
PARTIES
2. At all times material herein, Plaintiff, HAILIE MARIE HERNANDEZ, was a
resident of Tampa, Hillsborough County, Florida.
3. At all times material herein, Defendant, CHARLES LAWRENCE BUTLER, was
a resident of Wesley Chapel, Pasco County, Florida.
4. At all times material herein, Defendant, YOE L. GIRALDES JOVA, was a resident
of Tampa, Hillsborough County, Florida.
5. At all times material herein, Plaintiff, HAILIE MARIE HERNANDEZ, was
operating a motor vehicle in Hillsborough County, Florida.
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6. At all times material herein, Defendant, CHARLES LAWRENCE BUTLER, was
operating a motor vehicle in Hillsborough County, Florida.
7. At all times material herein, Defendant, YOE L. GIRALDES JOVA, was operating
a motor vehicle in Hillsborough County, Florida.
8. At all times material hereto, Defendant, ADONYS DIAZ SUAREZ, was the
registered owner of a vehicle driven by YOE L. GIRALDES JOVA.
VENUE
9. Venue is appropriate in Hillsborough County, Florida, because the motor vehicle
collision giving rise to this action occurred in Hillsborough County, Florida.
GENERAL ALLEGATIONS
10. On or about December 6, 2022, Plaintiff, HAILIE MARIE HERNANDEZ, was the
restrained driver of the 2014 Toyota motor vehicle bearing VIN# 4T1BF1FK0EU361701, that was
traveling east on W. Dr. Martin Luther King Jr. Boulevard and crossing the intersection of N. Habana
Avenue in Tampa, Hillsborough County, Florida.
11. At that time, Defendant, CHARLES LAWRENCE BUTLER, was the driver of the
2017 Hyundai motor vehicle bearing VIN# KMHG54JH7HU030821.
12. At that time, Defendant, YOE L. GIRALDES JOVA, was the driver of the 2014
BMW motor vehicle bearing VIN# WBA3C3C50EF986998.
13. Plaintiff, HAILIE MARIE HERNANDEZ, was traveling east on W. Dr. Martin
Luther King Jr. Boulevard and crossing the intersection of N. Habana Avenue in Tampa when she
was unexpectedly struck by the vehicle operated by Defendant, YOE L. GIRALDES JOVA.
GIRALDES JOVA’s vehicle was previously struck by the vehicle operated by Defendant CHARLES
LAWRENCE BUTLER.
5/11/2024 11:08 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
COUNT I
PLAINTIFF, HAILIE MARIE HERNANDEZ'S CLAIM OF NEGLIGENCE
AGAINST DEFENDANT, CHARLES LAWRENCE BUTLER
14. Plaintiff, HAILIE MARIE HERNANDEZ, hereby incorporates all factual
allegations contained in paragraphs 1 through 13 as if each were set forth fully herein and states:
15. On December 6, 2022, the Plaintiff was traveling east on W. Marting Luther King
Jr. in Hillsborough County, Florida, and on said date, CHARLES LAWRENCE BUTLER
negligently operated his motor vehicle, and created a three-car collision that ended with Plaintiff’s
vehicle being smashed into by YOE L. GIRALDES JOVA’S vehicle.
16. That Defendant, CHARLES LAWRENCE BUTLER owed a duty to the public and
to Plaintiff to operate and maintain control of his motor vehicle in a reasonably safe manner.
17. Defendant, CHARLES LAWRENCE BUTLER breached that duty by failing to
yield the right of way and causing a serious crash.
18. Defendant, CHARLES LAWRENCE BUTLER, was negligent in;
a. Failure to operate the motor vehicle in a safe and reasonable manner;
b. Failure to operate the motor vehicle in compliance with state and local
traffic laws;
c. Failure to keep an adequate and proper lookout;
d. Failure to stop for vehicles on the road;
e. Failure to avoid the collision with Plaintiff’s vehicle; and
19. As a direct and proximate result of the above-described accident, the Plaintiff,
HAILIE MARIE HERNANDEZ, suffered bodily injuries resulting in pain and suffering,
permanent aggravation of a pre-existing condition, disfigurement, disability, impairment, mental
anguish, inconvenience, loss of the capacity for the enjoyment of life, expenses of hospitalization,
medical and nursing care, and treatment, and loss of earnings. These losses are either permanent
5/11/2024 11:08 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
or continuing in nature, and Plaintiff, HAILIE MARIE HERNANDEZ will suffer these losses in
the future.
WHEREFORE, the Plaintiff, HAILIE MARIE HERNANDEZ, demands judgment against
Defendant, CHARLES LAWRENCE BUTLER, for damages, cost of suit pursuant to Florida
Statutes § 57.041 and for such other and further relief as the Court deems just and proper.
COUNT II
PLAINTIFF, HAILIE MARIE HERNANDEZ'S CLAIM OF NEGLIGENCE
AGAINST DEFENDANT, YOE L. GIRALDES JOVA
20. Plaintiff, HAILIE MARIE HERNANDEZ, hereby incorporates all factual
allegations contained in paragraphs 1 through 13 as if each were set forth fully herein and states:
21. On December 6, 2022, the Plaintiff was traveling east on W. Marting Luther King
Jr. in Hillsborough County, Florida: and on said date, YOE L. GIRALDES JOVA negligently
operated and/or negligently failed to operate his motor vehicle and smashed into Plaintiff’s vehicle.
22. That Defendant, YOE L. GIRALDES JOVA owed a duty to the public and to
Plaintiff to operate and maintain control of his motor vehicle in a reasonably safe manner.
23. Defendant, YOE L. GIRALDES JOVA breached that duty by failing to operate and
maintain control of his motor vehicle in a reasonably safe manner, smashing into Plaintiff’s
vehicle.
24. Defendant, YOE L. GIRALDES JOVA, was negligent in;
a. Failure to operate the motor vehicle in a safe and reasonable manner;
b. Failure to operate the motor vehicle in compliance with state and local
traffic laws;
c. Failure to keep an adequate and proper lookout;
d. Failure to stop for vehicles on the road;
e. Failure to avoid the collision with Plaintiff’s vehicle; and
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25. As a direct and proximate result of the above-described accident, the Plaintiff,
HAILIE MARIE HERNANDEZ, suffered bodily injuries resulting in pain and suffering,
permanent aggravation of a pre-existing condition, disfigurement, disability, impairment, mental
anguish, inconvenience, loss of the capacity for the enjoyment of life, expenses of hospitalization,
medical and nursing care, and treatment, and loss of earnings. These losses are either permanent
or continuing in nature, and Plaintiff, HAILIE MARIE HERNANDEZ will suffer these losses in
the future.
WHEREFORE, the Plaintiff, HAILIE MARIE HERNANDEZ, demands judgment against
Defendant, YOE L. GIRALDES JOVA, for damages, costs of suit pursuant to Florida Statutes
§57.041 and for such other and further relief as the Court deems just and proper.
COUNT III
VICARIOUS LIABILITY OF ADONYS DIAZ SUAREZ UNDER THE
DANGEROUS INSTRUMENTALITY DOCTRINE
26. HAILIE MARIE HERNANDEZ, hereby incorporates all factual allegations
contained in paragraphs 1 through 13 as if each were set forth fully herein and states.
27. YOE L. GIRALDES JOVA operated a motor vehicle owned by ADONYS DIAZ
SUAREZ with the express or implied consent of ADONYS DIAZ SUAREZ.
28. ADONYS DIAZ SUAREZ is vicariously liable for the negligence of YOE L.
GIRALDES JOVA through the Florida dangerous instrumentality doctrine.
29. As a direct and proximate result of the above-described accident, the Plaintiff,
HAILIE MARIE HERNANDEZ, suffered bodily injuries resulting in pain and suffering,
permanent aggravation of a pre-existing condition, disfigurement, disability, impairment, mental
anguish, inconvenience, loss of the capacity for the enjoyment of life, expenses of hospitalization,
medical and nursing care, and treatment, and loss of earnings. These losses are either permanent
or continuing in nature, and Plaintiff, HAILIE MARIE HERNANDEZ will suffer these losses in
the future.
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WHEREFORE, the Plaintiff, HAILIE MARIE HERNANDEZ, demands judgment against
Defendant, ADONYS DIAZ SUAREZ, for damages, costs of suit pursuant to Florida Statutes
§57.041 and for such other and further relief as the Court deems just and proper.
WHEREFORE, the Plaintiff, HAILIE MARIE HERNANDEZ, demands judgment
against Defendant, CHARLES LAWRENCE BUTLER, YOE L. GIRALDES JOVA and
ADONYS DIAZ SUAREZ, in excess of Fifty Thousand and 00/100 ($50,000.00) Dollars,
exclusive of costs and demands a trial by jury of all issues triable as a right by a jury.
DATED: on this 11th day of May 2024.
Respectfully submitted,
/s/ Jared J. McCabe
JARED J. MCCABE, Esq.
FBN: 96675
The Pendas Law Firm
816 W Dr. Martin Luther King Jr Blvd.
Tampa, Florida 33603
Telephone: (813) 868-6981
Facsimile: (813) 982-3037
jmccabe@pendaslaw.com
crivera@pendaslaw.com
5/11/2024 11:08 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6
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Filing # 198115305 E-Filed 05/11/2024 11:08:08 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION HAILIE MARIE HERNANDEZ, Plaintiff, CASE NUMBER: v. CHARLES LAWRENCE BUTLER, YOE L. GIRALDES JOVA and ADONYS DIAZ SUAREZ, Defendants. ___________________________/ COMPLAINT COMES NOW the Plaintiff, HAILIE MARIE HERNANDEZ, and sues Defendants, CHARLES LAWRENCE BUTLER, YOE L. GIRALDES JOVA and ADONYS DIAZ SUAREZ, and alleges: JURISDICTIONAL STATEMENT 1. This is an action for damages that exceed $50,000.00 exclusive of costs and attorney fees. PARTIES 2. At all times material herein, Plaintiff, HAILIE MARIE HERNANDEZ, was a resident of Tampa, Hillsborough County, Florida. 3. At all times material herein, Defendant, CHARLES LAWRENCE BUTLER, was a resident of Wesley Chapel, Pasco County, Florida. 4. At all times material herein, Defendant, YOE L. GIRALDES JOVA, was a resident of Tampa, Hillsborough County, Florida. 5. At all times material herein, Plaintiff, HAILIE MARIE HERNANDEZ, was operating a motor vehicle in Hillsborough County, Florida. 5/11/2024 11:08 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 6. At all times material herein, Defendant, CHARLES LAWRENCE BUTLER, was operating a motor vehicle in Hillsborough County, Florida. 7. At all times material herein, Defendant, YOE L. GIRALDES JOVA, was operating a motor vehicle in Hillsborough County, Florida. 8. At all times material hereto, Defendant, ADONYS DIAZ SUAREZ, was the registered owner of a vehicle driven by YOE L. GIRALDES JOVA. VENUE 9. Venue is appropriate in Hillsborough County, Florida, because the motor vehicle collision giving rise to this action occurred in Hillsborough County, Florida. GENERAL ALLEGATIONS 10. On or about December 6, 2022, Plaintiff, HAILIE MARIE HERNANDEZ, was the restrained driver of the 2014 Toyota motor vehicle bearing VIN# 4T1BF1FK0EU361701, that was traveling east on W. Dr. Martin Luther King Jr. Boulevard and crossing the intersection of N. Habana Avenue in Tampa, Hillsborough County, Florida. 11. At that time, Defendant, CHARLES LAWRENCE BUTLER, was the driver of the 2017 Hyundai motor vehicle bearing VIN# KMHG54JH7HU030821. 12. At that time, Defendant, YOE L. GIRALDES JOVA, was the driver of the 2014 BMW motor vehicle bearing VIN# WBA3C3C50EF986998. 13. Plaintiff, HAILIE MARIE HERNANDEZ, was traveling east on W. Dr. Martin Luther King Jr. Boulevard and crossing the intersection of N. Habana Avenue in Tampa when she was unexpectedly struck by the vehicle operated by Defendant, YOE L. GIRALDES JOVA. GIRALDES JOVA’s vehicle was previously struck by the vehicle operated by Defendant CHARLES LAWRENCE BUTLER. 5/11/2024 11:08 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 COUNT I PLAINTIFF, HAILIE MARIE HERNANDEZ'S CLAIM OF NEGLIGENCE AGAINST DEFENDANT, CHARLES LAWRENCE BUTLER 14. Plaintiff, HAILIE MARIE HERNANDEZ, hereby incorporates all factual allegations contained in paragraphs 1 through 13 as if each were set forth fully herein and states: 15. On December 6, 2022, the Plaintiff was traveling east on W. Marting Luther King Jr. in Hillsborough County, Florida, and on said date, CHARLES LAWRENCE BUTLER negligently operated his motor vehicle, and created a three-car collision that ended with Plaintiff’s vehicle being smashed into by YOE L. GIRALDES JOVA’S vehicle. 16. That Defendant, CHARLES LAWRENCE BUTLER owed a duty to the public and to Plaintiff to operate and maintain control of his motor vehicle in a reasonably safe manner. 17. Defendant, CHARLES LAWRENCE BUTLER breached that duty by failing to yield the right of way and causing a serious crash. 18. Defendant, CHARLES LAWRENCE BUTLER, was negligent in; a. Failure to operate the motor vehicle in a safe and reasonable manner; b. Failure to operate the motor vehicle in compliance with state and local traffic laws; c. Failure to keep an adequate and proper lookout; d. Failure to stop for vehicles on the road; e. Failure to avoid the collision with Plaintiff’s vehicle; and 19. As a direct and proximate result of the above-described accident, the Plaintiff, HAILIE MARIE HERNANDEZ, suffered bodily injuries resulting in pain and suffering, permanent aggravation of a pre-existing condition, disfigurement, disability, impairment, mental anguish, inconvenience, loss of the capacity for the enjoyment of life, expenses of hospitalization, medical and nursing care, and treatment, and loss of earnings. These losses are either permanent 5/11/2024 11:08 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 or continuing in nature, and Plaintiff, HAILIE MARIE HERNANDEZ will suffer these losses in the future. WHEREFORE, the Plaintiff, HAILIE MARIE HERNANDEZ, demands judgment against Defendant, CHARLES LAWRENCE BUTLER, for damages, cost of suit pursuant to Florida Statutes § 57.041 and for such other and further relief as the Court deems just and proper. COUNT II PLAINTIFF, HAILIE MARIE HERNANDEZ'S CLAIM OF NEGLIGENCE AGAINST DEFENDANT, YOE L. GIRALDES JOVA 20. Plaintiff, HAILIE MARIE HERNANDEZ, hereby incorporates all factual allegations contained in paragraphs 1 through 13 as if each were set forth fully herein and states: 21. On December 6, 2022, the Plaintiff was traveling east on W. Marting Luther King Jr. in Hillsborough County, Florida: and on said date, YOE L. GIRALDES JOVA negligently operated and/or negligently failed to operate his motor vehicle and smashed into Plaintiff’s vehicle. 22. That Defendant, YOE L. GIRALDES JOVA owed a duty to the public and to Plaintiff to operate and maintain control of his motor vehicle in a reasonably safe manner. 23. Defendant, YOE L. GIRALDES JOVA breached that duty by failing to operate and maintain control of his motor vehicle in a reasonably safe manner, smashing into Plaintiff’s vehicle. 24. Defendant, YOE L. GIRALDES JOVA, was negligent in; a. Failure to operate the motor vehicle in a safe and reasonable manner; b. Failure to operate the motor vehicle in compliance with state and local traffic laws; c. Failure to keep an adequate and proper lookout; d. Failure to stop for vehicles on the road; e. Failure to avoid the collision with Plaintiff’s vehicle; and 5/11/2024 11:08 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4 25. As a direct and proximate result of the above-described accident, the Plaintiff, HAILIE MARIE HERNANDEZ, suffered bodily injuries resulting in pain and suffering, permanent aggravation of a pre-existing condition, disfigurement, disability, impairment, mental anguish, inconvenience, loss of the capacity for the enjoyment of life, expenses of hospitalization, medical and nursing care, and treatment, and loss of earnings. These losses are either permanent or continuing in nature, and Plaintiff, HAILIE MARIE HERNANDEZ will suffer these losses in the future. WHEREFORE, the Plaintiff, HAILIE MARIE HERNANDEZ, demands judgment against Defendant, YOE L. GIRALDES JOVA, for damages, costs of suit pursuant to Florida Statutes §57.041 and for such other and further relief as the Court deems just and proper. COUNT III VICARIOUS LIABILITY OF ADONYS DIAZ SUAREZ UNDER THE DANGEROUS INSTRUMENTALITY DOCTRINE 26. HAILIE MARIE HERNANDEZ, hereby incorporates all factual allegations contained in paragraphs 1 through 13 as if each were set forth fully herein and states. 27. YOE L. GIRALDES JOVA operated a motor vehicle owned by ADONYS DIAZ SUAREZ with the express or implied consent of ADONYS DIAZ SUAREZ. 28. ADONYS DIAZ SUAREZ is vicariously liable for the negligence of YOE L. GIRALDES JOVA through the Florida dangerous instrumentality doctrine. 29. As a direct and proximate result of the above-described accident, the Plaintiff, HAILIE MARIE HERNANDEZ, suffered bodily injuries resulting in pain and suffering, permanent aggravation of a pre-existing condition, disfigurement, disability, impairment, mental anguish, inconvenience, loss of the capacity for the enjoyment of life, expenses of hospitalization, medical and nursing care, and treatment, and loss of earnings. These losses are either permanent or continuing in nature, and Plaintiff, HAILIE MARIE HERNANDEZ will suffer these losses in the future. 5/11/2024 11:08 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 5 WHEREFORE, the Plaintiff, HAILIE MARIE HERNANDEZ, demands judgment against Defendant, ADONYS DIAZ SUAREZ, for damages, costs of suit pursuant to Florida Statutes §57.041 and for such other and further relief as the Court deems just and proper. WHEREFORE, the Plaintiff, HAILIE MARIE HERNANDEZ, demands judgment against Defendant, CHARLES LAWRENCE BUTLER, YOE L. GIRALDES JOVA and ADONYS DIAZ SUAREZ, in excess of Fifty Thousand and 00/100 ($50,000.00) Dollars, exclusive of costs and demands a trial by jury of all issues triable as a right by a jury. DATED: on this 11th day of May 2024. Respectfully submitted, /s/ Jared J. McCabe JARED J. MCCABE, Esq. FBN: 96675 The Pendas Law Firm 816 W Dr. Martin Luther King Jr Blvd. Tampa, Florida 33603 Telephone: (813) 868-6981 Facsimile: (813) 982-3037 jmccabe@pendaslaw.com crivera@pendaslaw.com 5/11/2024 11:08 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 6