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Filing # 82704069 E-Filed 12/31/2018 05:56:10 PM
IN THE CIRCUIT COURT OF NINTH
JUDICIAL CIRCUIT IN AND FOR
ORANGE COUNTY, FLORIDA
MICHAEL TILLAGE,
CASE NO:
Plaintiff,
v.
GREGORY DANIEL SMITH,
and MIRANDA MARIE SMITH,
Defendants.
____________________________/
PLAINTIFF’S COMPLAINT
COMES NOW Plaintiff, MICHAEL TILLAGE, by and through his undersigned counsel,
and hereby sue defendants, GREGORY DANIEL SMITH and MIRANDA MARIE SMITH as
follows:
1. This is an action for damages that exceeds Fifteen Thousand Dollars ($15,000.00)
exclusive of interest, costs and attorneys’ fees.
2. At all times material to this action Plaintiff, MICHAEL TILLAGE, is a resident
of the State of Florida, residing in Orange County, Florida.
3. At all times material to this action Plaintiff, GREGORY DANIEL SMITH, is a
resident of the State of Florida, residing in Orange County, Florida.
4. At all times material to this action Defendant, MIRANDA MARIE SMITH, is a
resident of the State of Florida, residing in Osceola County, Florida.
5. All other conditions precedent to bringing this action have been performed, have
occurred or have been waived.
6. Venue is proper in Orange County because the alleged incident occurred in
Orange County.
FACTS COMMON TO ALL COUNTS
7. On or about February 3, 2017, Defendant, GREGORY DANIEL SMITH,
operated a motor vehicle, more specifically a 2015 Nissan Altima, bearing VIN number
1N4AL3AP6FC589190, on Avalon Road, at the intersection of Davenport Road in Orange
County, Florida.
8. Defendant, MIRANDA MARIE SMITH, was the owner of said motor vehicle,
more specifically, 2015 Nissan Altima, bearing VIN number 1N4AL3AP6FC589190.
9. At that time and place, Defendant, GREGORY DANIEL SMITH negligently
operated and maintained the 2015 Nissan Altima, causing it to collide with the motor vehicle
occupied by MICHAEL TILLAGE.
COUNT I – PLAINTIFF, MICHAEL TILLAGE’S, NEGLIGENCE CLAIM
AGAINST DEFENDANT, GREGORY DANIEL SMITH
10. Plaintiffs reallege and incorporates herein by reference each and every factual
allegation as contained in Paragraphs 1 through 9 as if fully set forth herein.
11. Defendant, GREGORY DANIEL SMITH, negligently operated or maintained the
2015 Nissan Altima, bearing VIN number 1N4AL3AP6FC589190 causing it to impact the
vehicle occupied by Plaintiff, MICHAEL TILLAGE.
12. As a direct and proximate result of the negligence of the Defendant, GREGORY
DANIEL SMITH, Plaintiff, MICHAEL TILLAGE, suffered significant bodily injury and
resulting pain and suffering, impairment, disability, disfigurement, mental anguish, loss of
capacity for the enjoyment of life, expenses of hospitalization, medical and nursing care and
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treatment, loss of earnings, and loss of ability to earn money. The injuries to the Plaintiff are
permanent and he will continue to suffer the losses in the future.
WHEREFORE, Plaintiff, MICHAEL TILLAGE, demands judgment for damages against
Defendant, GREGORY DANIEL SMITH, including costs of this action, and further demands a
trial by jury on all issues so triable, and for such other relief as this Court deems just and proper.
COUNT II – PLAINTIFF, MICHAEL TILLAGE’S, VICARIOUS NEGLIGENCE
CLAIM AGAINST DEFENDANT, MIRANDA MARIE SMITH
13. Plaintiffs reallege and incorporates herein by reference each and every factual
allegation as contained in Paragraphs 1 through 9 as if fully set forth herein.
14. That by virtue of being the owner of the subject vehicle, the 2015 Nissan Altima,
bearing VIN number 1N4AL3AP6FC589190, Defendant, MIRANDA MARIE SMITH is
vicariously negligent to the same degree as Defendant, GREGORY DANIEL SMITH.
15. As a direct and proximate result of the vicarious negligence of the Defendant,
MIRANDA MARIE SMITH, Plaintiff, MICHAEL TILLAGE, suffered significant bodily injury
and resulting pain and suffering, impairment, disability, disfigurement, mental anguish, loss of
capacity for the enjoyment of life, expenses of hospitalization, medical and nursing care and
treatment, loss of earnings, and loss of ability to earn money. The injuries to the Plaintiff are
permanent and he will continue to suffer the losses in the future.
WHEREFORE, Plaintiff, MICHAEL TILLAGE, demands judgment for damages against
Defendant, MIRANDA MARIE SMITH, including costs of this action, and further demands a
trial by jury on all issues so triable, and for such other relief as this Court deems just and proper.
DEMAND FOR JURY TRIAL
Plaintiffs, MICHAEL TILLAGE, demand a jury trial on all issues so triable of each and
every one of the Counts set forth above.
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RESPECTFULLY submitted this 31st day of December, 2018.
/S/ Tiffany M. Faddis
TIFFANY M. FADDIS, ESQ.
Florida Bar No. 630667
Dan Newlin & Partners
7335 W. Sand Lake Road, Suite 250
Orlando, FL 32819
Phone/Fax: (407) 845-1756
Attorneys for Plaintiff
PRINCIPAL EMAIL ADDRESS:
Tfaddispleadings@newlinlaw.com
Personal Email Address:
(NOT for Service of Pleadings and Documents):
Tiffany.Faddis@newlinlaw.com
Collin.Pitney@newlinlaw.com
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Preview
Filing # 82704069 E-Filed 12/31/2018 05:56:10 PM IN THE CIRCUIT COURT OF NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA MICHAEL TILLAGE, CASE NO: Plaintiff, v. GREGORY DANIEL SMITH, and MIRANDA MARIE SMITH, Defendants. ____________________________/ PLAINTIFF’S COMPLAINT COMES NOW Plaintiff, MICHAEL TILLAGE, by and through his undersigned counsel, and hereby sue defendants, GREGORY DANIEL SMITH and MIRANDA MARIE SMITH as follows: 1. This is an action for damages that exceeds Fifteen Thousand Dollars ($15,000.00) exclusive of interest, costs and attorneys’ fees. 2. At all times material to this action Plaintiff, MICHAEL TILLAGE, is a resident of the State of Florida, residing in Orange County, Florida. 3. At all times material to this action Plaintiff, GREGORY DANIEL SMITH, is a resident of the State of Florida, residing in Orange County, Florida. 4. At all times material to this action Defendant, MIRANDA MARIE SMITH, is a resident of the State of Florida, residing in Osceola County, Florida. 5. All other conditions precedent to bringing this action have been performed, have occurred or have been waived. 6. Venue is proper in Orange County because the alleged incident occurred in Orange County. FACTS COMMON TO ALL COUNTS 7. On or about February 3, 2017, Defendant, GREGORY DANIEL SMITH, operated a motor vehicle, more specifically a 2015 Nissan Altima, bearing VIN number 1N4AL3AP6FC589190, on Avalon Road, at the intersection of Davenport Road in Orange County, Florida. 8. Defendant, MIRANDA MARIE SMITH, was the owner of said motor vehicle, more specifically, 2015 Nissan Altima, bearing VIN number 1N4AL3AP6FC589190. 9. At that time and place, Defendant, GREGORY DANIEL SMITH negligently operated and maintained the 2015 Nissan Altima, causing it to collide with the motor vehicle occupied by MICHAEL TILLAGE. COUNT I – PLAINTIFF, MICHAEL TILLAGE’S, NEGLIGENCE CLAIM AGAINST DEFENDANT, GREGORY DANIEL SMITH 10. Plaintiffs reallege and incorporates herein by reference each and every factual allegation as contained in Paragraphs 1 through 9 as if fully set forth herein. 11. Defendant, GREGORY DANIEL SMITH, negligently operated or maintained the 2015 Nissan Altima, bearing VIN number 1N4AL3AP6FC589190 causing it to impact the vehicle occupied by Plaintiff, MICHAEL TILLAGE. 12. As a direct and proximate result of the negligence of the Defendant, GREGORY DANIEL SMITH, Plaintiff, MICHAEL TILLAGE, suffered significant bodily injury and resulting pain and suffering, impairment, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expenses of hospitalization, medical and nursing care and 2 treatment, loss of earnings, and loss of ability to earn money. The injuries to the Plaintiff are permanent and he will continue to suffer the losses in the future. WHEREFORE, Plaintiff, MICHAEL TILLAGE, demands judgment for damages against Defendant, GREGORY DANIEL SMITH, including costs of this action, and further demands a trial by jury on all issues so triable, and for such other relief as this Court deems just and proper. COUNT II – PLAINTIFF, MICHAEL TILLAGE’S, VICARIOUS NEGLIGENCE CLAIM AGAINST DEFENDANT, MIRANDA MARIE SMITH 13. Plaintiffs reallege and incorporates herein by reference each and every factual allegation as contained in Paragraphs 1 through 9 as if fully set forth herein. 14. That by virtue of being the owner of the subject vehicle, the 2015 Nissan Altima, bearing VIN number 1N4AL3AP6FC589190, Defendant, MIRANDA MARIE SMITH is vicariously negligent to the same degree as Defendant, GREGORY DANIEL SMITH. 15. As a direct and proximate result of the vicarious negligence of the Defendant, MIRANDA MARIE SMITH, Plaintiff, MICHAEL TILLAGE, suffered significant bodily injury and resulting pain and suffering, impairment, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expenses of hospitalization, medical and nursing care and treatment, loss of earnings, and loss of ability to earn money. The injuries to the Plaintiff are permanent and he will continue to suffer the losses in the future. WHEREFORE, Plaintiff, MICHAEL TILLAGE, demands judgment for damages against Defendant, MIRANDA MARIE SMITH, including costs of this action, and further demands a trial by jury on all issues so triable, and for such other relief as this Court deems just and proper. DEMAND FOR JURY TRIAL Plaintiffs, MICHAEL TILLAGE, demand a jury trial on all issues so triable of each and every one of the Counts set forth above. 3 RESPECTFULLY submitted this 31st day of December, 2018. /S/ Tiffany M. Faddis TIFFANY M. FADDIS, ESQ. Florida Bar No. 630667 Dan Newlin & Partners 7335 W. Sand Lake Road, Suite 250 Orlando, FL 32819 Phone/Fax: (407) 845-1756 Attorneys for Plaintiff PRINCIPAL EMAIL ADDRESS: Tfaddispleadings@newlinlaw.com Personal Email Address: (NOT for Service of Pleadings and Documents): Tiffany.Faddis@newlinlaw.com Collin.Pitney@newlinlaw.com 4