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vt CASE NUMBER: 2014CA001210 DIVISION: AI ****
Filing # 9767865 Electronically Filed 01/31/2014 12:12:53 PM
12-1201-PI-TF
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT, IN AND
FOR, PALM BEACH COUNTY, FLORIDA
CAROLYN BROWN, CASE NO.
Plaintiff(s),
vs.
FRANK LEON, IIT and
TERRY'S AUTOMOTIVE SUPPLY, INC.,
Defendant(s).
*** FILED: PALM BEACH COUNTY, FL SHARON R BOCK. CLERK.***
COMPLAINT
COMES NOW, the Plaintiff, CAROLYN BROWN, by and through the undersigned
counsel, hereby sues the Defendants, FRANK J. LEON, III and TERRY'S AUTOMOTIVE
SUPPLY, INC. and in support thereof states:
1. This is an action for damages that exceed the minimum jurisdictional amounts of this
Court.
2. All conditions precedent to the filing of this action have been performed or have been
waived.
3. Atall times material hereto, the Plaintiff, CAROLYN BROWN, was a resident of Palm
Beach County, over the age of eighteen (18) and is otherwise sui juris.
4. At all times material hereto, the Defendant, FRANK J. LEON, Ill, was a resident of Palm
Beach County, over the age of eighteen (18) and is otherwise sui juris.
Page 1 of 412-1201-PI-TF
5.
6.
At all times material hereto, the Defendant, TERRY'S AUTOMOTIVE SUPPLY, INC.,
was a business entity, licensed to conduct business in the State of Florida and was doing
business in Broward County.
Venue is proper in County because the acts and omissions referred to herein occurred in
County, Florida; and the Defendant, FRANK J. LEON, III, resides in Palm Beach County,
Florida and the Defendant, , resides in Broward County.
COUNT I- NEGLIGENCE AGAINST DEFENDANT, TERRY'S AUTOMOTIVE
7.
10.
11.
SUPPLY, INC.
Plaintiff adopts and reincorporates by reference Paragraphs 1 through 6 as if more fully
set forth herein.
On or about November 16, 2011, the Defendant, TERRY'S AUTOMOTIVE SUPPLY,
INC., owned a motor vehicle that was operated with its consent by Defendant, FRANK J.
LEON, III, who, at approximately 5:00 pm, was traveling northbound on Congress Ave.
in Boynton Beach, Florida.
At that time and place, Defendant, FRANK J. LEON, III, negligently operated and/or
maintained the motor vehicle, causing it to collide with the rear end of the motor vehicle
occupied by Plaintiff, CAROLYN BROWN.
Defendant, TERRY'S AUTOMOTIVE SUPPLY, INC., is vicariously liable for the
negligent operation of its motor vehicle by Defendant, FRANK J. LEON, III, causing the
aforementioned collision.
As a direct and proximate result of the aforementioned collision, Plaintiff, CAROLYN
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BROWN, suffered serious, permanent bodily injuries and resulting pain and suffering,
disability, physical impairment, disfigurement, mental anguish, inconvenience, 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. Plaintiff
shall suffer additional losses in the future.
WHEREFORE, the Plaintiff demands judgment for all damages allowable under Florida law
against Defendant, TERRY'S AUTOMOTIVE SUPPLY, INC., in an amount in excess of the
jurisdictional limits of this Honorable Court, together with Plaintiffs costs and for any and all
further relief this Honorable Court deems just and proper.
COUNT II - NEGLIGENCE AGAINST DEFENDANT, FRANK J. LEON, II
12. Plaintiff adopts by reference Paragraphs 1 through 6 as though fully set forth herein.
13. On or about November 16, 2011, Defendant, FRANK J. LEON, III, who, at
approximately 5:00 pm, was traveling northbound on Congress Ave. in Boynton Beach,
Florida.
14. At that time and place, Defendant, FRANK J. LEON, Ill, negligently operated and/or
maintained the motor vehicle, causing it to collide with the motor vehicle occupied by
Plaintiff, CAROLYN BROWN.
15. As a direct and proximate result of the aforementioned collision, Plaintiff, CAROLYN
BROWN, suffered serious, permanent bodily injuries and resulting pain and suffering,
disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of
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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. Plaintiff
shall suffer additional losses in the future.
WHEREFORE, the Plaintiff demands judgment for all damages allowable under Florida law
against Defendant, FRANK J. LEON, IH, in an amount in excess of the jurisdictional limits of
this Honorable Court, together with Plaintiffs costs and for any and all further relief this
Honorable Court deems just and proper.
PLAINTIFFS DEMAND TRIAL BY JURY ON ALL ISSUES SO TRIABLE.
S$
Respectfully submitted this a a day of January, 2014.
TimothyCy , Esq.
The Felice Law Group, PLLC
3030 S. Dixie Highway
Suite 8
West Palm Beach, FL 33405
(561) 444-8822 - Telephone
(561) 514-4946 - Facsimile
Primary Email — cfelice@fgwpblaw.com
Secondary Email — TFelice@fgwpblaw.com
Florida Bar # 0013199
Page 4 of 4
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vt CASE NUMBER: 2014CA001210 DIVISION: AI **** Filing # 9767865 Electronically Filed 01/31/2014 12:12:53 PM 12-1201-PI-TF IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR, PALM BEACH COUNTY, FLORIDA CAROLYN BROWN, CASE NO. Plaintiff(s), vs. FRANK LEON, IIT and TERRY'S AUTOMOTIVE SUPPLY, INC., Defendant(s). *** FILED: PALM BEACH COUNTY, FL SHARON R BOCK. CLERK.*** COMPLAINT COMES NOW, the Plaintiff, CAROLYN BROWN, by and through the undersigned counsel, hereby sues the Defendants, FRANK J. LEON, III and TERRY'S AUTOMOTIVE SUPPLY, INC. and in support thereof states: 1. This is an action for damages that exceed the minimum jurisdictional amounts of this Court. 2. All conditions precedent to the filing of this action have been performed or have been waived. 3. Atall times material hereto, the Plaintiff, CAROLYN BROWN, was a resident of Palm Beach County, over the age of eighteen (18) and is otherwise sui juris. 4. At all times material hereto, the Defendant, FRANK J. LEON, Ill, was a resident of Palm Beach County, over the age of eighteen (18) and is otherwise sui juris. Page 1 of 412-1201-PI-TF 5. 6. At all times material hereto, the Defendant, TERRY'S AUTOMOTIVE SUPPLY, INC., was a business entity, licensed to conduct business in the State of Florida and was doing business in Broward County. Venue is proper in County because the acts and omissions referred to herein occurred in County, Florida; and the Defendant, FRANK J. LEON, III, resides in Palm Beach County, Florida and the Defendant, , resides in Broward County. COUNT I- NEGLIGENCE AGAINST DEFENDANT, TERRY'S AUTOMOTIVE 7. 10. 11. SUPPLY, INC. Plaintiff adopts and reincorporates by reference Paragraphs 1 through 6 as if more fully set forth herein. On or about November 16, 2011, the Defendant, TERRY'S AUTOMOTIVE SUPPLY, INC., owned a motor vehicle that was operated with its consent by Defendant, FRANK J. LEON, III, who, at approximately 5:00 pm, was traveling northbound on Congress Ave. in Boynton Beach, Florida. At that time and place, Defendant, FRANK J. LEON, III, negligently operated and/or maintained the motor vehicle, causing it to collide with the rear end of the motor vehicle occupied by Plaintiff, CAROLYN BROWN. Defendant, TERRY'S AUTOMOTIVE SUPPLY, INC., is vicariously liable for the negligent operation of its motor vehicle by Defendant, FRANK J. LEON, III, causing the aforementioned collision. As a direct and proximate result of the aforementioned collision, Plaintiff, CAROLYN Page 2 of 412-1201-PJ-TF BROWN, suffered serious, permanent bodily injuries and resulting pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, 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. Plaintiff shall suffer additional losses in the future. WHEREFORE, the Plaintiff demands judgment for all damages allowable under Florida law against Defendant, TERRY'S AUTOMOTIVE SUPPLY, INC., in an amount in excess of the jurisdictional limits of this Honorable Court, together with Plaintiffs costs and for any and all further relief this Honorable Court deems just and proper. COUNT II - NEGLIGENCE AGAINST DEFENDANT, FRANK J. LEON, II 12. Plaintiff adopts by reference Paragraphs 1 through 6 as though fully set forth herein. 13. On or about November 16, 2011, Defendant, FRANK J. LEON, III, who, at approximately 5:00 pm, was traveling northbound on Congress Ave. in Boynton Beach, Florida. 14. At that time and place, Defendant, FRANK J. LEON, Ill, negligently operated and/or maintained the motor vehicle, causing it to collide with the motor vehicle occupied by Plaintiff, CAROLYN BROWN. 15. As a direct and proximate result of the aforementioned collision, Plaintiff, CAROLYN BROWN, suffered serious, permanent bodily injuries and resulting pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of Page 3 of 412-1201-PI-TF 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. Plaintiff shall suffer additional losses in the future. WHEREFORE, the Plaintiff demands judgment for all damages allowable under Florida law against Defendant, FRANK J. LEON, IH, in an amount in excess of the jurisdictional limits of this Honorable Court, together with Plaintiffs costs and for any and all further relief this Honorable Court deems just and proper. PLAINTIFFS DEMAND TRIAL BY JURY ON ALL ISSUES SO TRIABLE. S$ Respectfully submitted this a a day of January, 2014. TimothyCy , Esq. The Felice Law Group, PLLC 3030 S. Dixie Highway Suite 8 West Palm Beach, FL 33405 (561) 444-8822 - Telephone (561) 514-4946 - Facsimile Primary Email — cfelice@fgwpblaw.com Secondary Email — TFelice@fgwpblaw.com Florida Bar # 0013199 Page 4 of 4