Preview
Filing # 105065964 E-Filed 03/18/2020 10:51:19 AM
IN THE CIRCUIT COURT OF THE 17 JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
EMMATINE WALLACE, )
Plaintiff, )
)
~Vs- )
) NO. CACE-19-024724
ARC ELECTRIC, INC., a Florida Profit
Corporation and YOSBEL P. ALONSO,
Defendants.
Mee
PLAINTIFF'S RESPONSE TO DEFENDANTS’ JOINT MOTION TO DISMISS
Plaintiff, EMMATINE WALLACE, by and through the undersigned counsel, files this
Response to Defendants’ Joint Motion to Dismiss and as grounds would state:
1. This cause arises out of a simple rear-end crash which resulted in injuries to
the Plaintiff.
2. Plaintiff filed her automobile negligence Complaint on December 2, 2019
alleging that the Defendant driver, YOSBEL P. ALONSO (hereinafter “ALONSO"),
negligently operated and/or maintained his vehicle which was owned by his employer,
Defendant, ARC ELECTRIC, INC. (hereinafter “ARC”), and caused the subject rear-end
crash. See Plaintiff's Complaint attached as “Exhibit A’.
3. Plaintiffs Complaint also alleges vicarious liability against Defendant, ARC
as the owner of the subject vehicle driven by Defendant, ALONSO. See Exhibit A.
4, On February 12, 2020, Defendants filed a Joint Motion to Dismiss alleging
that Plaintiff's Complaint fails to allege “sufficient ultimate facts to show that she is entitled
to relief’. Defendants further allege that the operative Complaint “does not allege sufficient
general facts showing how the alleged collision occurred.” However, Defendants’ Motion
is frivolous and is an attempt to delay the case.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/18/2020 10:51:19 AM.****EMMATINE WALLACE, v. ARC ELECTRIC, INC., et al
Plaintiff's Response to Motion to Dismiss
Case No. CACE-19-024724
Page 2
5. The allegations in Plaintiff's Complaint, which tracks Form 1.945, Florida
Rules of Civil Procedure, go beyond the requisite short and plain statement of the
ultimate facts which shows that Plaintiff is entitled to relief.
6. For example, paragraphs 6-8 specifically provides the subject vehicle
information and employment relationship between the Defendants. Paragraph 9 states the
date and location of the subject crash involving the Plaintiff. Paragraph 10, which tracks
the exact language of Form 1.945 (Motor Vehicle Negligence Complaint) from the
Florida Rules of Civil Procedure, alleges that Defendant, ALONSO, “negligently operated
and/or maintained the said motor vehicle so that it collided with the vehicle being occupied
and/or operated by Plaintiff’. Further, paragraphs 11-12 allege the foreseeable zone of risk
created by Defendant for his failure to operate and/or maintain his motor vehicle in a
careful and prudent manner.
7. Thus, Plaintiff's Complaint exceeds the minimal pleadings requirements of
Rule 1.110(b) and alleges more than Form 1.945 promulgated by the Florida Rules of Civil
Procedure. As such, Defendants’ Motion must be denied.
WHEREFORE, Plaintiff, EMMATINE WALLACE, respectfully requests the Court
deny Defendants’ Joint Motion to Dismiss and enter an Order requiring Defendants to
answer Plaintiff's Complaint within five (5) days of the entry of this Order, and for any other
relief as the Court may deem just and proper.EMMATINE WALLACE, v. ARC ELECTRIC, INC., et al
Plaintiff's Response to Motion to Dismiss.
Case No. CACE-19-024724
Page 3
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a copy of the foregoing was filed with the Florida Courts
E-Filing portal and served via electronic service to: Francesca Ippolito-Craven, Esq.,
KUBICKI DRAPER, 9100 South Dadeland Bivd., Suite 1800, Miami, FL 33156
FIC-KD@kubickidraper.com this 18" day of March, 2020.
STEINGER, GREENE & FEINER
2727 NW 62nd Street
Fort Lauderdale, FL 33309
Telephone: (954) 491-7701
Facsimile: (954) 492-5647
Email: ychan@injurylawyers.com
Attorneys for Plaintiff
/s/ Yeemee Chan __
Yeemee Chan, Esquire
Florida Bar No.: 58355Filing # 99652090 E-Filed 12/02/2019 03:35:46 PM
IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
EMMATINE WALLACE,
Plaintiff,
CASE NO.
-Vs-
ARC ELECTRIC, INC.,
a Florida Profit Corporation and
YOSBEL P. ALONSO,
Defendants.
/
COMPLAINT.
Plaintiff, EMMATINE WALLACE, by and through the undersigned counsel, sues
the Defendants, ARC ELECTRIC, INC. and YOSBEL P. ALONSO, and states:
1. This is an action for damages that exceeds the minimum jurisdictional
amount of this Court.
2. All conditions precedent have been performed or have occurred.
3. At all times material hereto, Plaintiff, EMMATINE WALLACE, was and is a
resident of Broward County, Florida.
4. At all times material hereto, Defendant, ARC ELECTRIC, INC., was and is
a Florida Profit Corporation licensed, authorized and in fact doing business in Broward
County, Florida.
5. At all times material hereto, Defendant, YOSBEL P. ALONSO, was and is a
resident of Miami-Dade County, Florida.6. At all times material hereto, Defendant, ARC ELECTRIC, INC., was the
owner of the subject 2013 Kenworth truck (VIN#1NKBLNOX0DJ360216), bearing Florida
Tag No. N1825W, which was involved in this crash.
7. At ail times material hereto, Defendant, YOSBEL P. ALONSO, was an
employee, representative and/or agent of Defendant, ARC ELECTRIC, INC.
8. At ail times material hereto, the above vehicle was being driven by
Defendant, YOSBEL P. ALONSO, with the permission, consent and authorization of
Defendant, ARC ELECTRIC, INC.
9. On or about September 13, 2018, Plaintiff, EMMATINE WALLACE, was
driving northbound on 1-95, south of Sunrise Boulevard. in Fort Lauderdale, Broward
County, Florida.
10. At said time and place, Defendant, YOSBEL P. ALONSO, negligently
operated and/or maintained the said motor vehicle so that it collided with the vehicle being
occupied and/or operated by Plaintiff, EMMATINE WALLACE.
11. Atalltimes material hereto, Defendant, YOSBEL P. ALONSO, while operating
the above vehicle on the above roadway within the course and scope of his employment
with ARC ELECTRIC, INC., created a foreseeable zone of risk of harmby failing to operate
and/or maintain the vehicle in a careful and prudent manner.
12. Atall times material hereto, Plaintiff, EMMATINE WALLACE, fell within the
foreseeable zone of risk of harm created by Defendant, YOSBEL P. ALONSO.
13. As a direct, proximate and foreseeable result of the crash and the
negligenceof the Defendant, Plaintiff sustained serious injury.
COUNT |
NEGLIGENCE OF YOSBEL P. ALONSO.
Plaintiff, EMMATINE WALLACE, re-alleges and incorporates the allegations set
forth in paragraphs 1-13 above and further alleges:
14. As a direct, proximate and foreseeable result of the negligence of the
Defendant, YOSBEL P. ALONSO, as set forth above, Plaintiff, EMMATINE WALLACE,
suffered bodily injury and resulting pain and suffering, disability, physical impairment,
disfigurement, inconvenience, mental anguish, loss of capacity for the enjoyment of life,
incurred expenses of hospitalization, medical, chiropractic and nursing care and treatment,
loss of earnings, toss of ability to earn money and aggravation of a previously existing
condition, disease or physical defect. EMMATINE WALLACE’S losses are either
permanent or continuing and Plaintiff will suffer the losses in the future.
WHEREFORE, Plaintiff, EMMATINE WALLACE, sues Defendant, YOSBEL P.
ALONSO, for compensatory damages, costs and interest and demands trial by jury of all
issues so triable as a matter of right.
COUNT II
VICARIOUS LIABILITY OF ARC ELECTRIC, INC.
Plaintiff, EMMATINE WALLACE, re-alleges and incorporates the allegations set
forth in paragraphs 1-14 above and further alleges:
15. Asadirect, proximate and foreseeable result of the vicarious negligence of
the Defendant, ARC ELECTRIC, INC., Plaintiff, EMMATINE WALLACE, suffered bodily
3injury and resulting pain and suffering, disability, physical impairment, disfigurement,
inconvenience, mental anguish, loss of capacity for the enjoyment of life, incurred
expenses of hospitalization, medical, chiropractic and nursing care and treatment, loss of
earnings, loss of ability to earn money and aggravation of a previously existing condition,
disease or physical defect. EMMATINE WALLACE’S losses are either permanent
continuing and Plaintiff will suffer losses in the future.
WHEREFORE, Plaintiff, EMMATINE WALLACE, sues Defendant, ARC ELECTRIC,
INC., for compensatory damages, costs and interest and demands trial by jury of allissues
so triable as a matter of right.
STEINGER, GREENE & FEINER, P.A.
2727 NW 62 St.
Fort Lauderdale, FL 33309
Telephone: (954) 491-7701
Facsimile: (954) 634-8313
ychan@injurylawyers.com
Attorneys for Plaintiff
fof Heemee Chan, Csquine
Yeemee Chan, Esquire
Florida Bar No.: 58355
Preview
Filing # 105065964 E-Filed 03/18/2020 10:51:19 AM IN THE CIRCUIT COURT OF THE 17 JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA EMMATINE WALLACE, ) Plaintiff, ) ) ~Vs- ) ) NO. CACE-19-024724 ARC ELECTRIC, INC., a Florida Profit Corporation and YOSBEL P. ALONSO, Defendants. Mee PLAINTIFF'S RESPONSE TO DEFENDANTS’ JOINT MOTION TO DISMISS Plaintiff, EMMATINE WALLACE, by and through the undersigned counsel, files this Response to Defendants’ Joint Motion to Dismiss and as grounds would state: 1. This cause arises out of a simple rear-end crash which resulted in injuries to the Plaintiff. 2. Plaintiff filed her automobile negligence Complaint on December 2, 2019 alleging that the Defendant driver, YOSBEL P. ALONSO (hereinafter “ALONSO"), negligently operated and/or maintained his vehicle which was owned by his employer, Defendant, ARC ELECTRIC, INC. (hereinafter “ARC”), and caused the subject rear-end crash. See Plaintiff's Complaint attached as “Exhibit A’. 3. Plaintiffs Complaint also alleges vicarious liability against Defendant, ARC as the owner of the subject vehicle driven by Defendant, ALONSO. See Exhibit A. 4, On February 12, 2020, Defendants filed a Joint Motion to Dismiss alleging that Plaintiff's Complaint fails to allege “sufficient ultimate facts to show that she is entitled to relief’. Defendants further allege that the operative Complaint “does not allege sufficient general facts showing how the alleged collision occurred.” However, Defendants’ Motion is frivolous and is an attempt to delay the case. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/18/2020 10:51:19 AM.****EMMATINE WALLACE, v. ARC ELECTRIC, INC., et al Plaintiff's Response to Motion to Dismiss Case No. CACE-19-024724 Page 2 5. The allegations in Plaintiff's Complaint, which tracks Form 1.945, Florida Rules of Civil Procedure, go beyond the requisite short and plain statement of the ultimate facts which shows that Plaintiff is entitled to relief. 6. For example, paragraphs 6-8 specifically provides the subject vehicle information and employment relationship between the Defendants. Paragraph 9 states the date and location of the subject crash involving the Plaintiff. Paragraph 10, which tracks the exact language of Form 1.945 (Motor Vehicle Negligence Complaint) from the Florida Rules of Civil Procedure, alleges that Defendant, ALONSO, “negligently operated and/or maintained the said motor vehicle so that it collided with the vehicle being occupied and/or operated by Plaintiff’. Further, paragraphs 11-12 allege the foreseeable zone of risk created by Defendant for his failure to operate and/or maintain his motor vehicle in a careful and prudent manner. 7. Thus, Plaintiff's Complaint exceeds the minimal pleadings requirements of Rule 1.110(b) and alleges more than Form 1.945 promulgated by the Florida Rules of Civil Procedure. As such, Defendants’ Motion must be denied. WHEREFORE, Plaintiff, EMMATINE WALLACE, respectfully requests the Court deny Defendants’ Joint Motion to Dismiss and enter an Order requiring Defendants to answer Plaintiff's Complaint within five (5) days of the entry of this Order, and for any other relief as the Court may deem just and proper.EMMATINE WALLACE, v. ARC ELECTRIC, INC., et al Plaintiff's Response to Motion to Dismiss. Case No. CACE-19-024724 Page 3 CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing was filed with the Florida Courts E-Filing portal and served via electronic service to: Francesca Ippolito-Craven, Esq., KUBICKI DRAPER, 9100 South Dadeland Bivd., Suite 1800, Miami, FL 33156 FIC-KD@kubickidraper.com this 18" day of March, 2020. STEINGER, GREENE & FEINER 2727 NW 62nd Street Fort Lauderdale, FL 33309 Telephone: (954) 491-7701 Facsimile: (954) 492-5647 Email: ychan@injurylawyers.com Attorneys for Plaintiff /s/ Yeemee Chan __ Yeemee Chan, Esquire Florida Bar No.: 58355Filing # 99652090 E-Filed 12/02/2019 03:35:46 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA EMMATINE WALLACE, Plaintiff, CASE NO. -Vs- ARC ELECTRIC, INC., a Florida Profit Corporation and YOSBEL P. ALONSO, Defendants. / COMPLAINT. Plaintiff, EMMATINE WALLACE, by and through the undersigned counsel, sues the Defendants, ARC ELECTRIC, INC. and YOSBEL P. ALONSO, and states: 1. This is an action for damages that exceeds the minimum jurisdictional amount of this Court. 2. All conditions precedent have been performed or have occurred. 3. At all times material hereto, Plaintiff, EMMATINE WALLACE, was and is a resident of Broward County, Florida. 4. At all times material hereto, Defendant, ARC ELECTRIC, INC., was and is a Florida Profit Corporation licensed, authorized and in fact doing business in Broward County, Florida. 5. At all times material hereto, Defendant, YOSBEL P. ALONSO, was and is a resident of Miami-Dade County, Florida.6. At all times material hereto, Defendant, ARC ELECTRIC, INC., was the owner of the subject 2013 Kenworth truck (VIN#1NKBLNOX0DJ360216), bearing Florida Tag No. N1825W, which was involved in this crash. 7. At ail times material hereto, Defendant, YOSBEL P. ALONSO, was an employee, representative and/or agent of Defendant, ARC ELECTRIC, INC. 8. At ail times material hereto, the above vehicle was being driven by Defendant, YOSBEL P. ALONSO, with the permission, consent and authorization of Defendant, ARC ELECTRIC, INC. 9. On or about September 13, 2018, Plaintiff, EMMATINE WALLACE, was driving northbound on 1-95, south of Sunrise Boulevard. in Fort Lauderdale, Broward County, Florida. 10. At said time and place, Defendant, YOSBEL P. ALONSO, negligently operated and/or maintained the said motor vehicle so that it collided with the vehicle being occupied and/or operated by Plaintiff, EMMATINE WALLACE. 11. Atalltimes material hereto, Defendant, YOSBEL P. ALONSO, while operating the above vehicle on the above roadway within the course and scope of his employment with ARC ELECTRIC, INC., created a foreseeable zone of risk of harmby failing to operate and/or maintain the vehicle in a careful and prudent manner. 12. Atall times material hereto, Plaintiff, EMMATINE WALLACE, fell within the foreseeable zone of risk of harm created by Defendant, YOSBEL P. ALONSO. 13. As a direct, proximate and foreseeable result of the crash and the negligenceof the Defendant, Plaintiff sustained serious injury. COUNT | NEGLIGENCE OF YOSBEL P. ALONSO. Plaintiff, EMMATINE WALLACE, re-alleges and incorporates the allegations set forth in paragraphs 1-13 above and further alleges: 14. As a direct, proximate and foreseeable result of the negligence of the Defendant, YOSBEL P. ALONSO, as set forth above, Plaintiff, EMMATINE WALLACE, suffered bodily injury and resulting pain and suffering, disability, physical impairment, disfigurement, inconvenience, mental anguish, loss of capacity for the enjoyment of life, incurred expenses of hospitalization, medical, chiropractic and nursing care and treatment, loss of earnings, toss of ability to earn money and aggravation of a previously existing condition, disease or physical defect. EMMATINE WALLACE’S losses are either permanent or continuing and Plaintiff will suffer the losses in the future. WHEREFORE, Plaintiff, EMMATINE WALLACE, sues Defendant, YOSBEL P. ALONSO, for compensatory damages, costs and interest and demands trial by jury of all issues so triable as a matter of right. COUNT II VICARIOUS LIABILITY OF ARC ELECTRIC, INC. Plaintiff, EMMATINE WALLACE, re-alleges and incorporates the allegations set forth in paragraphs 1-14 above and further alleges: 15. Asadirect, proximate and foreseeable result of the vicarious negligence of the Defendant, ARC ELECTRIC, INC., Plaintiff, EMMATINE WALLACE, suffered bodily 3injury and resulting pain and suffering, disability, physical impairment, disfigurement, inconvenience, mental anguish, loss of capacity for the enjoyment of life, incurred expenses of hospitalization, medical, chiropractic and nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition, disease or physical defect. EMMATINE WALLACE’S losses are either permanent continuing and Plaintiff will suffer losses in the future. WHEREFORE, Plaintiff, EMMATINE WALLACE, sues Defendant, ARC ELECTRIC, INC., for compensatory damages, costs and interest and demands trial by jury of allissues so triable as a matter of right. STEINGER, GREENE & FEINER, P.A. 2727 NW 62 St. Fort Lauderdale, FL 33309 Telephone: (954) 491-7701 Facsimile: (954) 634-8313 ychan@injurylawyers.com Attorneys for Plaintiff fof Heemee Chan, Csquine Yeemee Chan, Esquire Florida Bar No.: 58355