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Case Number: CACE-18-001263 Division: 05
Filing # 66642924 E-Filed 01/17/2018 01:22:34 PM
IN THE CIRCUIT COURT FOR THE 17TH
JUDICIAL CIRCUIT IN AND FOR BROWARD
COUNTY, FLORIDA
CASE NO.:
JHONNY PIERRE,
Plaintiff,
vs.
SABASTIAN MORALES and
DESIREE KRISTINE HOLGUIN PEREZ,
Defendants.
/
COMPLAINT
Plaintiff, JHONNY PIERRE, sues Defendants, SABASTIAN MORALES and DESIREE
KRISTINE HOLGUIN PEREZ, and alleges as follows:
GENERAL ALLEGATIONS
1. This is an action for damages in excess of fifteen thousand dollars ($15,000.00).
2. At all times material hereto Plaintiff, JHONNY PIERRE, was and is a resident of
Broward County, Florida and is otherwise sui juris.
3. At all times material hereto Defendant, SABASTIAN MORALES, was and is a
resident of Miami-Dade County, Florida and is otherwise sui juris.
4. At all times material hereto Defendant, DESIREE KRISTINE HOLGUIN PEREZ,
was and is a resident of Miami-Dade County, Florida and is otherwise sui juris.
5. At all times material hereto the motor vehicle crash giving rise to this action
occurred in Broward County, Florida.
Page | of 4
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/17/2018 1:22:32 PM.****6. On or about March 10, 2017, Defendant, DESIREE KRISTINE HOLGUIN
PEREZ, did own, control, and maintain a 2004 Toyota Scion (VIN po
bearing Florida tag ESBV05 that was operated by Defendant, SABASTIAN MORALES, with the
express and/or implied consent of Defendant, DESIREE KRISTINE HOLGUIN PEREZ.
7. On that date and at that place, Defendant, SABASTIAN MORALES, negligently
operated the aforementioned motor vehicle while traveling on Interstate I-95 northbound in or near
the State Road 736, Davie Boulevard, Broward County, Florida.
COUNTI
NEGLIGENCE CLAIM AGAINST DEFENDANT, SABASTIAN MORALES
Plaintiff re-avers and re-alleges every allegation contained in the General Allegations
paragraphs one (1) through seven (7) of this Complaint and further alleges:
8. At all times material hereto Defendant, SABASTIAN MORALES, had a duty to
operate and/or maintain the vehicle in a reasonable and safe manner.
9. On or about March 10, 2017, Defendant, SABASTIAN MORALES, negligently
operated and/or maintained the subject motor vehicle causing a collision with the vehicle Plaintiff
was operating.
10. As a direct and proximate cause of Defendant, SABASTIAN MORALES’s,
negligence in the operation of said dangerous instrumentality owned by Defendant, DESIREE
KRISTINE HOLGUIN PEREZ, Plaintiff, JHONNY PIERRE, suffered bodily injury and resulting
pain and suffering, disability, disfigurement, scarring, mental anguish, loss of capacity for the
enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of
earnings, loss of ability to earn money, and aggravation of previously existing conditions. These
losses are permanent or continuing in nature and Plaintiff will suffer such losses in the future.
Page 2 of 4WHEREFORE, Plaintiff, JHONNY PIERRE, demands judgment for money damages
against Defendant, SEBASTIAN MORALES, and demands trial by jury as to all issues so triable
as a matter of right.
COUNT II
VICARIOUS MOTOR VEHICLE LIABILITY AGAINST
DESIREE KRISTINE HOLGUIN PEREZ
Plaintiff re-avers and re-alleges every allegation contained in the General Allegations
paragraphs one (1) through seven (7) of this Complaint and further alleges:
ll. Pursuant to Florida’s Dangerous Instrumentality Doctrine, Defendant, DESIREE
KRISTINE HOLGUIN PEREZ, as owner of the motor vehicle driven by Defendant, SEBASTIAN
MORALES, with her permission and consent - is liable for the negligence of that permissive
operator.
12. On or about March 10, 2017, Defendant, SEBASTIAN MORALES, negligently
operated and/or maintained said motor vehicle so that it collided with the vehicle being operated
by Plaintiff.
13. As a direct and proximate cause of Defendant, SEBASTIAN MORALES’,
negligence in the operation of said dangerous instrumentality, owned by Defendant, DESIREE
KRISTINE HOLGUIN PEREZ, Plaintiff, JHONNY PIERRE, suffered bodily injury and resulting
pain and suffering, disability, disfigurement, scarring, mental anguish, loss of capacity for the
enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of
earnings, loss of ability to earn money, and aggravation of previously existing conditions. These
losses are permanent or continuing in nature and Plaintiff will suffer such losses in the future.
Page 3 of 4WHEREFORE, Plaintiff, JHONNY PIERRE, demands judgment for money damages
against Defendant, SABASTIAN MORALES, and demands trial by jury as to all issues so triable
as a matter of right.
Dated this 17th of January 2018.
SCHILLER, KESSLER & GOMEZ, PLC
Attorneys for Plaintiff
7501 W. Oakland Park Boulevard;
Second Floor
Ft. Lauderdale, FL 33319
Telephone: (954) 933-3000
Facsimile: (954) 358-1591
Email: efile@injuredinflorida.com
By: /s/ Justin H. Jaffe
JUSTIN H. JAFFE, ESQ.
Florida. Bar No.: 103328
Page 4 of 4
Preview
Case Number: CACE-18-001263 Division: 05 Filing # 66642924 E-Filed 01/17/2018 01:22:34 PM IN THE CIRCUIT COURT FOR THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: JHONNY PIERRE, Plaintiff, vs. SABASTIAN MORALES and DESIREE KRISTINE HOLGUIN PEREZ, Defendants. / COMPLAINT Plaintiff, JHONNY PIERRE, sues Defendants, SABASTIAN MORALES and DESIREE KRISTINE HOLGUIN PEREZ, and alleges as follows: GENERAL ALLEGATIONS 1. This is an action for damages in excess of fifteen thousand dollars ($15,000.00). 2. At all times material hereto Plaintiff, JHONNY PIERRE, was and is a resident of Broward County, Florida and is otherwise sui juris. 3. At all times material hereto Defendant, SABASTIAN MORALES, was and is a resident of Miami-Dade County, Florida and is otherwise sui juris. 4. At all times material hereto Defendant, DESIREE KRISTINE HOLGUIN PEREZ, was and is a resident of Miami-Dade County, Florida and is otherwise sui juris. 5. At all times material hereto the motor vehicle crash giving rise to this action occurred in Broward County, Florida. Page | of 4 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/17/2018 1:22:32 PM.****6. On or about March 10, 2017, Defendant, DESIREE KRISTINE HOLGUIN PEREZ, did own, control, and maintain a 2004 Toyota Scion (VIN po bearing Florida tag ESBV05 that was operated by Defendant, SABASTIAN MORALES, with the express and/or implied consent of Defendant, DESIREE KRISTINE HOLGUIN PEREZ. 7. On that date and at that place, Defendant, SABASTIAN MORALES, negligently operated the aforementioned motor vehicle while traveling on Interstate I-95 northbound in or near the State Road 736, Davie Boulevard, Broward County, Florida. COUNTI NEGLIGENCE CLAIM AGAINST DEFENDANT, SABASTIAN MORALES Plaintiff re-avers and re-alleges every allegation contained in the General Allegations paragraphs one (1) through seven (7) of this Complaint and further alleges: 8. At all times material hereto Defendant, SABASTIAN MORALES, had a duty to operate and/or maintain the vehicle in a reasonable and safe manner. 9. On or about March 10, 2017, Defendant, SABASTIAN MORALES, negligently operated and/or maintained the subject motor vehicle causing a collision with the vehicle Plaintiff was operating. 10. As a direct and proximate cause of Defendant, SABASTIAN MORALES’s, negligence in the operation of said dangerous instrumentality owned by Defendant, DESIREE KRISTINE HOLGUIN PEREZ, Plaintiff, JHONNY PIERRE, suffered bodily injury and resulting pain and suffering, disability, disfigurement, scarring, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and aggravation of previously existing conditions. These losses are permanent or continuing in nature and Plaintiff will suffer such losses in the future. Page 2 of 4WHEREFORE, Plaintiff, JHONNY PIERRE, demands judgment for money damages against Defendant, SEBASTIAN MORALES, and demands trial by jury as to all issues so triable as a matter of right. COUNT II VICARIOUS MOTOR VEHICLE LIABILITY AGAINST DESIREE KRISTINE HOLGUIN PEREZ Plaintiff re-avers and re-alleges every allegation contained in the General Allegations paragraphs one (1) through seven (7) of this Complaint and further alleges: ll. Pursuant to Florida’s Dangerous Instrumentality Doctrine, Defendant, DESIREE KRISTINE HOLGUIN PEREZ, as owner of the motor vehicle driven by Defendant, SEBASTIAN MORALES, with her permission and consent - is liable for the negligence of that permissive operator. 12. On or about March 10, 2017, Defendant, SEBASTIAN MORALES, negligently operated and/or maintained said motor vehicle so that it collided with the vehicle being operated by Plaintiff. 13. As a direct and proximate cause of Defendant, SEBASTIAN MORALES’, negligence in the operation of said dangerous instrumentality, owned by Defendant, DESIREE KRISTINE HOLGUIN PEREZ, Plaintiff, JHONNY PIERRE, suffered bodily injury and resulting pain and suffering, disability, disfigurement, scarring, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and aggravation of previously existing conditions. These losses are permanent or continuing in nature and Plaintiff will suffer such losses in the future. Page 3 of 4WHEREFORE, Plaintiff, JHONNY PIERRE, demands judgment for money damages against Defendant, SABASTIAN MORALES, and demands trial by jury as to all issues so triable as a matter of right. Dated this 17th of January 2018. SCHILLER, KESSLER & GOMEZ, PLC Attorneys for Plaintiff 7501 W. Oakland Park Boulevard; Second Floor Ft. Lauderdale, FL 33319 Telephone: (954) 933-3000 Facsimile: (954) 358-1591 Email: efile@injuredinflorida.com By: /s/ Justin H. Jaffe JUSTIN H. JAFFE, ESQ. Florida. Bar No.: 103328 Page 4 of 4