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Case Number: CACE-18-000906 Division: 18
Filing # 66473195 E-Filed 01/12/2018 11:21:59 AM
IN THE CIRCUIT COURT OF THE 17™
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
MICHELLE LIOTTA, CASE NO.:
as parent and next friend of
CHELSY ELVIR, a minor,
Plaintiff,
vs.
ANTERO ARREGUI,
MICHAEL J. ARBUTHNOT, and
R.B. KNOT, INC.
Defendants.
/
COMPLAINT
COME NOW, the Plaintiff, MICHELLE LIOTTA, as parent and next friend of CHELSY
ELVIR, a minor, and hereby sues the Defendants, ANTERO ARREGUI, MICHAEL J.
ARBUTHNOT and R. B. KNOT, INC., a Florida Corporation, and in support thereof alleges as
follows:
lL This is an action for damages in excess of fifteen thousand ($15,000.00) dollars.
2. The Plaintiff, MICHELLE LIOTTA, is an individual residing in Broward County,
Florida and is the parent and next friend of CHELSY ELVIR (“ELVIR”), a minor, whose date of
birth is in the month of January, 2002.
3. At all times material hereto, the Defendant, MICHAEL J. ARBUTHNOT, was an
individual residing in Palm Beach County, Florida.
4, At all times material hereto, the Defendant, ANTERO ARREGUI, was an
individual residing in Broward County, Florida.
5. At all times material hereto, the Defendant R.B. KNOT, INC., was a Florida
Corporation doing business in Broward County, Florida.
1
The Law Offices of Anidjar & Levine, P.A.
300 SE 17 Street, Fort Lauderdale, Florida 33316 (954) 525-0050
*4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/12/2018 11:21:57 AM.****6. Venue is proper in Broward County as the subject incident giving rise to this action
took place in Broward County, Florida.
7. On or about April 13, 2017, non-party Susan Marcus operated a 2016 Lexus with
VIN # JTHBA1D25G50009425.
8. On or about April 13, 2017, the Plaintiff ELVIR was a passenger in the vehicle
operated by Susan Marcus.
9, On or about April 13, 2017, the Defendant, ANTERO ARREGUI, operated a 2008
Dodge Pickup with VIN #1D7HA18N88S5 12469.
10. At all times material hereto, the Defendant, MICHAEL J, ARBUTHNOT, owned.
the vehicle described in Paragraph 8.
COUNT I~ NEGLIGENCE AGAINST ANTERO ARREGUI
ON BEHALF OF CHELSY ELVIR
11. The Plaintiff, MICHELLE LIOTTA, as parent and next friend of CHELSY ELVIR,
a minor, readopts and re-avers each and every allegation contained in Paragraphs 1 through 10 as
if they were fully set forth herein, and further alleges:
12. On or about April 13, 2017, the Defendant, ANTERO ARREGUI, with the full
knowledge and consent of the Defendant, MICHAEL J. ARBUTHNOT, and in the course and
scope of his employment with R.B. KNOT, INC., operated the aforedescribed motor vehicle on
East Atlantic Boulevard, at or near the intersection of SE 20" Avenue, in the city of Pompano
Beach, Broward County, Florida.
13. At all times material hereto, ANTERO ARREGUI, owed a duty to operate the
aforementioned motor vehicle in a reasonably safe manner.
14. At that time and place, ANTERO ARREGUI, negligently operated and/or
maintained the motor vehicle so that it collided with the vehicle being occupied by the Plaintiff,
ELVIR.
2
The Law Offices of Anidjar & Levine, P.A.
300 SE 17" Street, Fort Lauderdale, Florida 33316 (954) 525-005015. As a direct and proximate result, the Plaintiff, CHELSY ELVIR, suffered bodily
injury, resulting in pain and suffering, disability, disfigurement, mental anguish, loss of capacity for
the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, lost wages,
loss of ability to earn money in the future and aggravation of a pre-existing condition. The losses are
either permanent or continuing and the Plaintiff will suffer the losses in the future.
16. WHEREFORE, the Plaintiff, MICHELLE LIOTTA, as parent and next friend of
CHELSY ELVIR, a minor, demands judgment against the Defendant, ANTERO ARREGUI, for
damages, costs and any other relief this Court may deem just and proper.
A trial by jury is demanded as to all issues so triable by right.
COUNT Il — NEGLIGENCE AGAINST MICHAEL J. ARBUTHNOT
ON BEHALF OF CHELSY ELVIR
17. The Plaintiff, MICHELLE LIOTTA, as parent and next friend of CHELSY ELVIR,
a minor, readopts and re-avers each and every allegation contained in Paragraphs 1 through 10 as
if they were fully set forth herein, and further alleges:
18. At all times material hereto, the Defendant, MICHAEL J. ARBUTHNOT, as the
owner of the motor vehicle described in Paragraph 9, is and was responsible for the negligent
operation of the same.
19. At the above listed date and time, ANTERO ARREGUI negligently operated and/or
maintained the aforedescribed motor vehicle so that it collided with the vehicle being occupied by
the Plaintiff, ELVIR.
20. | ANTERO ARREGUI’s operation of the aforedescribed motor vehicle at the time
of the subject incident was with the authority and/or permission of the Defendant, MICHAEL J.
ARBUTHNOT.
21. Asthe owner of the vehicle described in Paragraph 9, MICHAEL J. ARBUTHNOT
is responsible for the following:
3
The Law Offices of Anidjar & Levine, P.A.
300 SE 17% Street, Fort Lauderdale, Florida 33316 (954) 525-0050(a) The acts, omissions and negligence of ANTERO ARREGUI, who was
driving the vehicle with the Defendant’s permission and consent;
(b) The accident of April 13, 2017, described more fully in Count 1,
(c) The operation of the vehicle pursuant to the Dangerous Instrumentality
Doctrine; and
(d) The injuries, damages and losses set forth in the following paragraph.
22. As a direct and proximate result, the Plaintiff, ELVIR, suffered bodily injury,
resulting in pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the
enjoyment of life, expense of hospitalization, medical and nursing care and treatment, lost wages, loss
of ability to earn money in the future and aggravation of a pre-existing condition. The losses are
either permanent or continuing and the Plaintiff will suffer the losses in the future.
23. WHEREFORE, the Plaintiff, MICHELLE LIOTTA, and as parent and next friend
of CHELSY ELVIR, a minor, demands judgment against the Defendant, MICHAEL J.
ARBUTHNOT, for damages, costs and nay other relief this Court may deem just and proper.
A trial by jury is demanded as to all issues so triable by right.
COUNT I] - NEGLIGENCE AGAINST R.B. KNOT, INC
ON BEHALF OF CHELSY ELVIR
24. — The Plaintiff, MICHELLE LIOTTA, as parent and next friend of CHELSY ELVIR,
a minor, readopts and re-avers each and every allegation contained in Paragraphs 1 through 10 as
if they were fully set forth herein, and further alleges:
25. At all times material hereto, the Defendant, R. B. KNOT, INC., as the employer of
ANTERO ARREGUI, the driver of the motor vehicle described in Paragraph 9, is and was
responsible for the negligent operation of the same.
4
The Law Offices of Anidjar & Levine, P.A.
300 SE 17* Street, Fort Lauderdale, Florida 33316 (954) 525-005026. Atthe above listed date and time, ANTERO ARREGUI negligently operated and/or
maintained the aforedescribed motor vehicle so that it collided with the vehicle being occupied by
the Plaintiff, ELVIR.
27. ANTERO ARREGUI’s operation of the aforedescribed motor vehicle at the time
of the subject incident was with the authority and/or permission of the Defendant, R.B. KNOT,
INC, and was being driven within the course and scope of ANTERO ARREGUI’s employment
with R.B. KNOT, INC.
28. As the employer of the driver of the vehicle described in Paragraph 8 R. B. KNOT,
INC, is responsible for the following:
(a) The acts, omissions and negligence of ANTERO ARREGUI, who was
driving the vehicle with the Defendant’s permission and consent an in the
course and scope of his employment with R. B. KNOT, INC.
(b) — The accident of April 13, 2017, described more fully in Count I;
(c) The operation of the vehicle pursuant to the Dangerous Instrumentality
Doctrine; and
(d) The injuries, damages and losses set forth in the following paragraph.
29. As a direct and proximate result, the Plaintiff, ELVIR, suffered bodily injury,
resulting in pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the
enjoyment of life, expense of hospitalization, medical and nursing care and treatment, lost wages, loss
of ability to earn money in the future and aggravation of a pre-existing condition. The losses are
either permanent or continuing and the Plaintiff will suffer the losses in the future.
30. WHEREFORE, the Plaintiff, MICHELLE LIOTTA, and as parent and next friend
of CHELSY ELVIR, a minor, demands judgment against the Defendant, R. B. KNOT, INC., for
damages, costs and nay other relief this Court may deem just and proper.
A trial by jury is demanded as to all issues so triable by right.
5
The Law Offices of Anidjar & Levine, P.A.
300 SE 17" Street, Fort Lauderdale, Florida 33316 (054) 525-0050In compliance with Rule 2.516 of the Florida Rules of Judicial Administration, all
pleadings in this cause shall be served on the undersigned by e-mail to pleadings@an]-law.com.
DATED this l j” day of January, 2018.
LAW OFFICES OF ANIDJAR & LEVINE, P.A.
Attorneys for Plaintiff
300 SE 17" St.
Fort Lauderdale, FL 33316
LAWKENCE A. LEVINE, ESQ.
FBN; 193185
6
The Law Offices of Anidjar & Levine, P.A.
300 SE 17 Street, Fort Lauderdale, Florida 33316 (954) 525-0050
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Case Number: CACE-18-000906 Division: 18 Filing # 66473195 E-Filed 01/12/2018 11:21:59 AM IN THE CIRCUIT COURT OF THE 17™ JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA MICHELLE LIOTTA, CASE NO.: as parent and next friend of CHELSY ELVIR, a minor, Plaintiff, vs. ANTERO ARREGUI, MICHAEL J. ARBUTHNOT, and R.B. KNOT, INC. Defendants. / COMPLAINT COME NOW, the Plaintiff, MICHELLE LIOTTA, as parent and next friend of CHELSY ELVIR, a minor, and hereby sues the Defendants, ANTERO ARREGUI, MICHAEL J. ARBUTHNOT and R. B. KNOT, INC., a Florida Corporation, and in support thereof alleges as follows: lL This is an action for damages in excess of fifteen thousand ($15,000.00) dollars. 2. The Plaintiff, MICHELLE LIOTTA, is an individual residing in Broward County, Florida and is the parent and next friend of CHELSY ELVIR (“ELVIR”), a minor, whose date of birth is in the month of January, 2002. 3. At all times material hereto, the Defendant, MICHAEL J. ARBUTHNOT, was an individual residing in Palm Beach County, Florida. 4, At all times material hereto, the Defendant, ANTERO ARREGUI, was an individual residing in Broward County, Florida. 5. At all times material hereto, the Defendant R.B. KNOT, INC., was a Florida Corporation doing business in Broward County, Florida. 1 The Law Offices of Anidjar & Levine, P.A. 300 SE 17 Street, Fort Lauderdale, Florida 33316 (954) 525-0050 *4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/12/2018 11:21:57 AM.****6. Venue is proper in Broward County as the subject incident giving rise to this action took place in Broward County, Florida. 7. On or about April 13, 2017, non-party Susan Marcus operated a 2016 Lexus with VIN # JTHBA1D25G50009425. 8. On or about April 13, 2017, the Plaintiff ELVIR was a passenger in the vehicle operated by Susan Marcus. 9, On or about April 13, 2017, the Defendant, ANTERO ARREGUI, operated a 2008 Dodge Pickup with VIN #1D7HA18N88S5 12469. 10. At all times material hereto, the Defendant, MICHAEL J, ARBUTHNOT, owned. the vehicle described in Paragraph 8. COUNT I~ NEGLIGENCE AGAINST ANTERO ARREGUI ON BEHALF OF CHELSY ELVIR 11. The Plaintiff, MICHELLE LIOTTA, as parent and next friend of CHELSY ELVIR, a minor, readopts and re-avers each and every allegation contained in Paragraphs 1 through 10 as if they were fully set forth herein, and further alleges: 12. On or about April 13, 2017, the Defendant, ANTERO ARREGUI, with the full knowledge and consent of the Defendant, MICHAEL J. ARBUTHNOT, and in the course and scope of his employment with R.B. KNOT, INC., operated the aforedescribed motor vehicle on East Atlantic Boulevard, at or near the intersection of SE 20" Avenue, in the city of Pompano Beach, Broward County, Florida. 13. At all times material hereto, ANTERO ARREGUI, owed a duty to operate the aforementioned motor vehicle in a reasonably safe manner. 14. At that time and place, ANTERO ARREGUI, negligently operated and/or maintained the motor vehicle so that it collided with the vehicle being occupied by the Plaintiff, ELVIR. 2 The Law Offices of Anidjar & Levine, P.A. 300 SE 17" Street, Fort Lauderdale, Florida 33316 (954) 525-005015. As a direct and proximate result, the Plaintiff, CHELSY ELVIR, suffered bodily injury, resulting in pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, lost wages, loss of ability to earn money in the future and aggravation of a pre-existing condition. The losses are either permanent or continuing and the Plaintiff will suffer the losses in the future. 16. WHEREFORE, the Plaintiff, MICHELLE LIOTTA, as parent and next friend of CHELSY ELVIR, a minor, demands judgment against the Defendant, ANTERO ARREGUI, for damages, costs and any other relief this Court may deem just and proper. A trial by jury is demanded as to all issues so triable by right. COUNT Il — NEGLIGENCE AGAINST MICHAEL J. ARBUTHNOT ON BEHALF OF CHELSY ELVIR 17. The Plaintiff, MICHELLE LIOTTA, as parent and next friend of CHELSY ELVIR, a minor, readopts and re-avers each and every allegation contained in Paragraphs 1 through 10 as if they were fully set forth herein, and further alleges: 18. At all times material hereto, the Defendant, MICHAEL J. ARBUTHNOT, as the owner of the motor vehicle described in Paragraph 9, is and was responsible for the negligent operation of the same. 19. At the above listed date and time, ANTERO ARREGUI negligently operated and/or maintained the aforedescribed motor vehicle so that it collided with the vehicle being occupied by the Plaintiff, ELVIR. 20. | ANTERO ARREGUI’s operation of the aforedescribed motor vehicle at the time of the subject incident was with the authority and/or permission of the Defendant, MICHAEL J. ARBUTHNOT. 21. Asthe owner of the vehicle described in Paragraph 9, MICHAEL J. ARBUTHNOT is responsible for the following: 3 The Law Offices of Anidjar & Levine, P.A. 300 SE 17% Street, Fort Lauderdale, Florida 33316 (954) 525-0050(a) The acts, omissions and negligence of ANTERO ARREGUI, who was driving the vehicle with the Defendant’s permission and consent; (b) The accident of April 13, 2017, described more fully in Count 1, (c) The operation of the vehicle pursuant to the Dangerous Instrumentality Doctrine; and (d) The injuries, damages and losses set forth in the following paragraph. 22. As a direct and proximate result, the Plaintiff, ELVIR, suffered bodily injury, resulting in pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, lost wages, loss of ability to earn money in the future and aggravation of a pre-existing condition. The losses are either permanent or continuing and the Plaintiff will suffer the losses in the future. 23. WHEREFORE, the Plaintiff, MICHELLE LIOTTA, and as parent and next friend of CHELSY ELVIR, a minor, demands judgment against the Defendant, MICHAEL J. ARBUTHNOT, for damages, costs and nay other relief this Court may deem just and proper. A trial by jury is demanded as to all issues so triable by right. COUNT I] - NEGLIGENCE AGAINST R.B. KNOT, INC ON BEHALF OF CHELSY ELVIR 24. — The Plaintiff, MICHELLE LIOTTA, as parent and next friend of CHELSY ELVIR, a minor, readopts and re-avers each and every allegation contained in Paragraphs 1 through 10 as if they were fully set forth herein, and further alleges: 25. At all times material hereto, the Defendant, R. B. KNOT, INC., as the employer of ANTERO ARREGUI, the driver of the motor vehicle described in Paragraph 9, is and was responsible for the negligent operation of the same. 4 The Law Offices of Anidjar & Levine, P.A. 300 SE 17* Street, Fort Lauderdale, Florida 33316 (954) 525-005026. Atthe above listed date and time, ANTERO ARREGUI negligently operated and/or maintained the aforedescribed motor vehicle so that it collided with the vehicle being occupied by the Plaintiff, ELVIR. 27. ANTERO ARREGUI’s operation of the aforedescribed motor vehicle at the time of the subject incident was with the authority and/or permission of the Defendant, R.B. KNOT, INC, and was being driven within the course and scope of ANTERO ARREGUI’s employment with R.B. KNOT, INC. 28. As the employer of the driver of the vehicle described in Paragraph 8 R. B. KNOT, INC, is responsible for the following: (a) The acts, omissions and negligence of ANTERO ARREGUI, who was driving the vehicle with the Defendant’s permission and consent an in the course and scope of his employment with R. B. KNOT, INC. (b) — The accident of April 13, 2017, described more fully in Count I; (c) The operation of the vehicle pursuant to the Dangerous Instrumentality Doctrine; and (d) The injuries, damages and losses set forth in the following paragraph. 29. As a direct and proximate result, the Plaintiff, ELVIR, suffered bodily injury, resulting in pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, lost wages, loss of ability to earn money in the future and aggravation of a pre-existing condition. The losses are either permanent or continuing and the Plaintiff will suffer the losses in the future. 30. WHEREFORE, the Plaintiff, MICHELLE LIOTTA, and as parent and next friend of CHELSY ELVIR, a minor, demands judgment against the Defendant, R. B. KNOT, INC., for damages, costs and nay other relief this Court may deem just and proper. A trial by jury is demanded as to all issues so triable by right. 5 The Law Offices of Anidjar & Levine, P.A. 300 SE 17" Street, Fort Lauderdale, Florida 33316 (054) 525-0050In compliance with Rule 2.516 of the Florida Rules of Judicial Administration, all pleadings in this cause shall be served on the undersigned by e-mail to pleadings@an]-law.com. DATED this l j” day of January, 2018. LAW OFFICES OF ANIDJAR & LEVINE, P.A. Attorneys for Plaintiff 300 SE 17" St. Fort Lauderdale, FL 33316 LAWKENCE A. LEVINE, ESQ. FBN; 193185 6 The Law Offices of Anidjar & Levine, P.A. 300 SE 17 Street, Fort Lauderdale, Florida 33316 (954) 525-0050