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Filing # 83581582 E-Filed 01/18/2019 01:44:51 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI DADE COUNTY, FLORIDA
CASE NO.: 2018-032555-CA-01
JUTA BOIANGIN,
an individual
Plaintiff,
Vv
BLUE JAY TRUCKING, INC.,
a Florida for profit corporation, and
IMPAC LOGISTIC SERVICES, LLC,
a New Jersey limited liability company
Defendants.
/
MOTION FOR LEAVE TO PROPOUND
IN EXCESS OF THIRTY (30) INTERROGATORIES
COMES NOW, Plaintiff, JUTA BOIANGIN, by and through the undersigned attorney and
respectfully moves this Honorable Court to enter an Order allowing it to propound in excess of
thirty (30) interrogatories, and would show unto this Honorable Court as grounds therefore that
1
This is a case involving complicated legal and factual issues. A copy of the Amended
Complaint is attached as Exhibit ‘A.’
The Plaintiff has propounded the following interrogatories to the Defendants, BLUE JAY
TRUCKING, INC.:
a. First Set of Interrogatories on November 27, 2018 with a total of twenty (20)
interrogatories.
The Plaintiff is in need of additional information requested in the interrogatory attached
hereto as Exhibit ‘B’ in order to continue to prepare its case.
The attached interrogatories consist of fifteen interrogatories, exceeding the allowed thirty
interrogatories by Florida Rules of Civil Procedure § 1.340 by five.5. The granting of the Plaintiff, JUTA BOIANGIN’s Motion for Leave to Propound in Excess
of Thirty (30) Interrogatories will not prejudice the Defendant BLUE JAY TRUCKING,
INC
WHEREFORE, the Plaintiff, JUTA BOIANGIN, prays that this Court grant it leave to
propound the interrogatories attached hereto as Exhibit ‘B.’
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing instrument has been
furnished by Florida ePortal automatically generated e-mail on this 18" day of January, 2019.
Dated: January 18, 2019 Respectfully submitted,
AINSWORTH + CLANCY, PLLC
801 Brickell Avenue, 9" Floor
Miami, Florida 33131
Telephone: (305) 600-3816
Facsimile: (305) 600-3817
Counsel for Plaintiff
By: Ryan Clancy
Ryan Clancy, Esq.
Florida Bar No. 117650
Email:
EmailEXHIBIT ‘A’
AMENDED COMPLAINTFiling # 83474833 E-Filed 01/16/2019 06:33:48 PM
CIRCUIT COURT OF THE
TH JUDICIAL CIRCUIT
IN AND FOR
MIAMI DADE COUNTY, FLORIDA
CASE NO.: 18-32555-CA-01 (13)
SUTA BOTANGIN,
an individual
Plaintiff,
Vv.
BLUE JAY TRUCKING, INC.,
a Florida for profit corporation,
IMPAC LOGISTIC
ERVICES, LLC,
a New Jersey limited liability company and
AJA PROPERTIES NO. 6 LTD. a
Florida limited partnership
Defendants
/
AMENDED COMPLAINT
COMES NOW, Plaintiff, JUTA BOLANGIN (“Plaintiff”) by and through undersigned
counsel sues Defendants, BLUE JAY TRUCKING INC, IMPAC LOGISTIC SERVICES
LLC and AJA PROPERTIES NO. 6, LTD. (“Landiord”) (“Defendants”) and in support
thereof states as follows:
1,
. Defendant, IMP
JURISDICTION, VENUE AND PARTIES
This is an action for damages in excess of the jurisdictional limits of this Honorable
Court seeking over fifieen-thousand dollars ($15,000) in damages and other relief,
exclusive of interest, costs, and attorney's fees
Venue is proper in Miami-Dade County because the torts alleged occurred therein.
Plaintiff is sui juris and consents to personal jurisdiction of the Court by filing the
instant lawsuit.
Defendant, BLUE JAY TRUCKING, INC., is a Florida Profit corporation.
AC LOGISTIC SERVICES, LLC, is a New Jersey limited liability
company, that, on information and belief, conducts substantial and not isolated
business within Florida.~
9
il
14
an
16,
Defendant, Landlord is a Florida limited partnership that owns and leases
commercial warehouse space to tenants at real property located in Miami-Dade
Florida at 2970 NW 75" Ave., Miami, FL 33122 (the “Property”}
Upon information and belief Defendant, IMPAC LOGISTIC SERVICES, LLC,
owns trailer with VIN 1BK10W922EE212197 (“Trailer”)
Upon information and belief Defendant, BLUE JAY TRUCKING, INC., was
leasing or purchased the Trailer from Defendant, IMPAC LOGISTIC SERVICES,
LLC. Alternatively, BLUE JAY TRUCKING, INC. was using the Trailer /
Oxei
from, or lost by Co-Defendant IMPAC LOGISTIC SERVICES, LLC.
ing dominion and control over the Trailer after it had been abandoned, stolen
All pre-requisites to suit have been performed or waived.
RELEVANT FACTS
Plaintiff was driving northbound on NW 75 Ave at or around 6:15 AM on the
morning of February 19, 2018.
Plaintiff's automobile collided into the back end of the Trailer which was parked
unlawfully on the side of the road.
On information and belief, Landlord has not exercised proper care and caution in
regards to the parking of trailers at the Property as other trailers besides the Trailer
have also been allowed by the Landlord to park illegally on the side of the road in
front of the Property posing a threat to the public and in violation of Florida law
. The Trailer was parked on aforementioned side of the road, in front of the building
owned and managed by the Landlord, in violation of the applicable ordinances
and/or statutes. The Trailer did not have flashing lights, warning cones or triangles,
or other reasonable warnings related to the danger posed.
Plaintiff, unable to see Defendant's trailer due to poor lighting, struck Defendant's
parked/stationary trailer with her vehicle.
After the accident occurred, BLUE JAY TRUCKING, INC. moved the Trailer from
the scene and the Trailer has not been seen since.
Landlord had a duty to keep the Property free and clear of improperly parked trucks
which are a foreseeable issue / nuisance in the area since the Property is located
near the Miami airport in a district with many trucking and logistics companies.i
18,
19.
i)
Bm
7.
Landlord had a duty to ensure that its tenants and invitees of its tenants follow
applicable codes and ordinances
The other Defendants (BLUE JAY TRUCKING INC. and IMPAC LOGISTIC
SERVICES, LLC) had a duty to keep the Trailer parked in conformity with local
and applicable laws and ordinances and to behave in a businesslike and prudent
manner.
COUNT 1~ NEGLIGENCE — AGAINST
BLUE JAY TRUCKING, INC.
Plaintiff hereby reincorporates by reference paragraphs 1-17 as if set out in full
Defendant, BLUE JAY TRUCKING, INC., is a Florida DOT licensed company
and operated the Trailer on Florida roadways and is therefore subject to the laws,
rules, and regulations under Miami-Dade County, Florida Code of Ordinances Sec
33.
As the owner and/or operator of the Trailer, Defendant by and through its
employees or agents failed to meet, follow, comply with or abide by one or more
of the following requirements of Miami-Dade County, Florida Code of Ordinances
Sec. 33-124.1 states
‘The temporary parking of a Category 2 or 3 vehicle in front of
the building line or in front of the buffer screen shall only be
permitted for the purpose of loading or unloading of materials
or persons or engaged in providing a commercial service at the
premises or for the purpose of the driver to make a temporary
convenience stop at the residence. However, a temporary or
convenience stop shall be limited to no more than one hour in any
24-hour period.
Upon information and belief, the Trailer qualifies as a Category 2 or 3 vehicle as
defined by Miami-Dade County, Florida Code of Ordinances Sec. 33-124.1.
Defendant did not park the Trailer in front of building line or in front of the buffer
screen for the purpose of loading or unloading of materials or persons, but appeared
to have been keeping the Trailer parked on Northwest 75" Avenue for extended
periods of time.23.
26.
28
Detendant did not park the Trailer in front of building line or in front of the buffer
screen for the purpose of providing a commercial service at the premises or for the
purpose of the driver to make a temporary convenience stop at the residence.
Defendant was aware or should have reasonably been aware that it was against the
law to park the Trailer where Defendant did, in order to avoid conflict with other
traffic.
Defendant nevertheless made the decision to park the Trailer at the site of the
accident although it was or should have been aware that it was against the law to
park the Trailer where Defendant did.
By violating Miami-Dade County, Florida Code of Ordinances Sec. 33-124.1,
Defendant is negligent per se
Said laws, rules, and regulations violated by the Defendant are designed to protect
the general public from the harm that these trailers parked on the side of the road
can cause. Namely, the extreme harm running into one of these trailers can cause.
Had the law, rules, and regulations aforementioned been adhered to by the
Defendant, the ensuing collision would not have occurred, and Plaintiff would not
have been injured.
As a direct and proximate result of the Defendant’s negligence, as aforesaid, the
Plaintiff sustained permanent physical impairment and other damages
30. Regardless of the above-quoted Miami-Dade ordinance, the Trailer was parked by
Defendant in a negligent manner which was the direct and proximate cause of
Plaintiff’ s injuries.
WHEREFORE Plaintiff demands judgment against Defendant, BLUE JAY TRUCKING,
INC., in the form of money damages, costs, and any other relief this Court deems proper.
34
32.
COUNT 2 —- NEGLIGENCE —
AGAINST IMPAC LOGISTIC SERVICES, LLC
Plaintiff hereby reincorporates by reference paragraphs 1-17 as if set out in full.
Defendant, IMPAC LOGISTIC SERVICES, LLC, operated the Trailer on Florida
roadways and is therefore subject to the laws, rules, and regulations under Miami-
Dade County, Florida Code of Ordinances Sec. 3333
35,
36.
39.
40.
As the owner and/or operator of the Trailer, Defendant by and through its
employees or agents failed to meet, follow, comply with or abide by one or more
of the following requirements of Miami - Dade County, Florida Code of Ordinances
Sec. 33-124.1 states
The temporary parking of a Category 2 or 3 vehicle in front of
the building line or in front of the buffer screen shall only be
permitted for the purpose of loading or unloading of materials
or persons or engaged in providing a commercial service at the
premises or for the purpose of the driver to make a temporary
convenience stop at the residence. However, a temporary or
convenience stop shall be limited to no more than one hour in any
24-hour period
Upon information and belief, the Trailer qualifies as a Category 2 or 3 vehicle as
defined by Miami - Dade County, Florida Code of Ordinances Sec. 33-124.1.
Detendant did not park Trailer in front of building line or in front of the buffer
screen for the purpose of loading or unloading of materials or persons, but appeared
to have been keeping the Trailer parked in Northwest 75"* Avenue for extended
periods of time.
Defendant did not park the Trailer in front of building line or in front of the buffer
screen for the purpose of providing a commercial service at the premises or for the
purpose of the driver to make a temporary convenience stop at the residence.
Defendant was aware or should have reasonably been aware that it was against the
law to park the Trailer where Defendant did, in order to avoid conflict with other
traffic.
Defendant nevertheless made the decision to park the Trailer at the site of the
accident although it was or should have been aware that it was against the law to
park the Trailer where Defendant did.
By violating Miami-Dade County, Florida Code of Ordinances Sec. 33-124.1,
Defendant is negligent per se
and re}
Said laws, rul ilations violated by the Defendant are designed to protect
the general public from the harm that these trailers parked on the side of the road
can cause. Namely, the
xtreme harm running into one of these trailers can cause.41. Had the law, rules, and regulations aforementioned been adhered to by the
Defendant, the ensuing collision would not have occurred, and Plaintiff would not
have been injured.
As a direct and proximate result of the Defendant’s negligence, as aforesaid, the
Plaintiff sustained permanent physical impairment and other damages
43, Regardless of the above-quoted Miami-Dade ordinance, the Trailer was parked by
Defendant in a negligent manner which was the direct and proximate cause of
Plaintiff’ s injuries
WHEREFORE Plaintif¥ demand judgment against Defendant, IMPAC LOGISTIC
SERVICES, LLC, in the form of money damages, costs, and any other relief this Court
deems proper
COUNT 3 —- NEGLIGENCE —
AGAINST LANDLORD
44, Plaintiff hereby reincorporates by reference paragraphs 1-17 as if set out in full
45. Defendant had a duty to the public including Plaintiff to keep the Property
reasonably safe and free of known dangers or perils and to ensure that tenants and
invitees of the tenants follow applicable local ordinances and laws
46. Said laws, rules, and regulations violated by the Defendant, or Defendant’s tenants
or invitees are designed to protect the general public from the harm that these
trailers parked on the side of the road can cause. Namely, the extreme harm running
into one of these trailers can cause.
47. Wad the law, rules, and regulations aforementioned been adhered to by the
Defendant, the ensuing collision would not have occurred, and Plaintiff would not
have been injured.
48. As a direct and proximate result of the Defendant’s negligence, as aforesaid, the
Plaintiff sustained permanent physical impairment and other damages.
49, Landlord was on notice of the issues by way of the fact that the Trailer and other
trailers routinely park in the area in violation of local ordinances
50. Regardless of the above-quoted Miami-Dade ordinance, the Trailer was parked by
in a negligent manner and Landlord acquiesced to the parking of the Trailer in such
manner or failed to exercise reasonable care, which was the direct and proximate
cause of Plaintiff's injuries.WHEREFORE Plaintiff demand judgment against Defendant, Landlord, in the form of
money damages, costs, and any other relief this Court deems proper.
AD DAMNUM PRAYER FOR RELIEF
Plaintiff demands judgment against all Defendants for the following elements of damage:
For Plaintiff, JUTA BOINAGIN, cornpensatory damages, interest, costs, attorney's
fees, past and future bodily injury, pain and suffering, lost past wages, lost future wages,
disability or physical impairment, disfigurement, mental anguish, loss of capacity for the
enjoyment of life, medical and hospital expense and treatment, and a need to hire assistance
for daily chores and activities.
JURY DEMAND
Plaintiff demands a jury for all issues so triable
Dated: January 16, 2019
Respectfully Submitted,
AINSWORTH + CLANCY
By: /s/ Ryan M. Clancy
Ryan M. Clancy, Esq.
Fla. Bar No. 117650
801 Brickell Ave. 9” Floor
Miami, Florida 33131
Phone:305-600-38 16
Fax: 305-600-3817
Email: ryan@business-esq.com
Attorney for the PlaintiffEXHIBIT ‘B’
PROPOSED INTERROGATORIESIN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI DADE COUNTY, FLORIDA
CASE NO.: 2018-032555-CA-01
JUTA BOLTANGIN,
an individual
Plaintiff,
Vv.
BLUE JAY TRUCKING, INC.,
a Florida for profit corporation, and
IMPAC LOGISTIC SERVICES, LLC,
a New Jersey limited liability company
Defendants.
/
PLAINTIFF’S SECOND SET OF INTERROGATORIES
TO BLUE TRUCKING, INC.
Plaintiff, pursuant to applicable rules of Civil Procedure asks that the foregoing
interrogatories be answered under oath and served on Plaintiff through counsel within thirty (30)
days of service.
Respectfully Submitted,
By: /s/Ryan Clancy
Ryan M. Clancy, Esq
FNB 117650
AINSWORTH + CLANCY, PLLC
801 Brickell Ave., 9th FL
Miami, FL 33131
305-600-3816 (O)
305-600-3817 (F)
Email:
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via e-
service on this 15'" day of January 2019 to all Parties.
By: /s/ Ryan Clancy
Ryan Clancy, EsqDEFINITIONS
A “AIV’ includes the word “any” and “any” includes the word “all.”
B. “And” as well as “or” shall be construed disjunctively or conjunctively.
Cc “Any” includes the word “all” and “all” includes the word “any.”
Dz. “Carrier” shall mean and refer to the wireless service provider that supplies
cellular connectivity services to mobile phone and tablet subscribers. The cellular company
that is paid for cellphone usage and is either a mobile carrier or a mobile virtual network
operator. (i.e., AT&T, Verizon Wireless, T-Mobile, Sprint, etc.)
E. : “Defendant” shall mean and refer to each and all defendants named in this civil
action.
F “Each” includes the word “every” and “every” includes the word “each.”
G. “Every” includes the word “each” and “each” includes the word “every.”
H. “Identify” and “identification,” when used in reference to a document or
documents, means to state the date prepared or generated, the author (and, if different, the
signor or signors), the addressee, type of document (e.g., letter, memorandum, telegram,
chart, sketch, diagram, etc.), and any other means of identifying same with sufficient
particularity to meet the requirements for its inclusion in an interrogatory pursuant to the
applicable Rules of Civil Procedure governing this action. If any such document was, but
is no longer, in your possession or subject to your control, state how the document was
disposed and the reason for such disposition. In lieu of identifying any document in full
detail pursuant to these definitions and instructions, a document may be referred to in a
manner sufficient to recognize same if a true and correct copy thereof is annexed to and
incorporated in the response to this discovery request. If any such document has already
been furnished to the party propounding this discovery request, only a reference to such
document is necessary as to enable said requesting party to identify it. “Identify” and
“identification,” when used in reference to a person, means to state the name, address,
and telephone number for each “person.”
L “Incident” means the motor vehicle accident alleged in the Complaint on February
19, 2018
J “Including” is used in the broadest non-exclusive sense; it means “including but
not limited to.”
K “Referring” or “relating,” when used to specify a document shall mean and refer
to any document that constitutes, contains, embodies, reflects, identifies, states, refers to,
deals with, or is an any manner whatsoever pertinent to that subject.L “Trailer” refers to the trailer with VIN 1BK10W922EE212197
M. “You” and “Your” shall mean and refer to the Defendant Blue Jay Trucking, Inc.
in this civil action to whom this request is directed, individually and collectively, including
but not limited to their agents, representatives, attorneys, accountants and any other person
acting, retained to act or delegated to act on his/her/its behalf.INSTRUCTIONS
If you object to fully identifying a document or oral communication because of a privilege,
you must nevertheless provide the following information unless divulging the information would
disclose the privileged information.
1, The nature of the privilege claimed (including work product);
2. If the privilege is being asserted in connection with a claim or defense governed by
state law, the state privilege rule being invoked;
3. The date of the document or oral communication;
4 If a document: its type (correspondence, memorandum, facsimile etc.), custodian,
location, and such other information sufficient to identify the document for a subpoena
duces tecum or a document request, including where appropriate the author, the addressee,
and, if not apparent, the relationship between the author and addressee;
5 If an oral communication: the place where it was made, the names of the persons
present while it was made, and, if not apparent, the relationship of the persons present to
the declarant; and
6. The general subject matter of the document or oral communication.
[INTERROGATORIES ON FOLLOWING PAGE]we
INTERROGATORIES
What is the name and address of the person answering these interrogatories and, if
applicable, the person’s official title or relationship with the party to whom the
interrogatories are directed? In answering this interrogatory, if applicable, please list each
and every attorney or other person that assisted in answering the interrogatories.
Identify the phone number and Carrier of the person answering these interrogatories
Identify the phone number and Carrier of the owner of Blue Jay Trucking, Inc.
Identify the name and address of the person who informed You of the Incident.
Identify the phone number and Carrier of person who informed You of the Incident, if
known.
Identify the name of Your employee who moved the Trailer.
Identify the phone number and Carrier of the employee who moved the Trailer at the time
of the Incident.
Who informed You of the Incident?10
11
12.
13
14.
15
Identify the phone number and Carrier of the person who informed You of the Incident, if
known.
Where was the Trailer moved to?
Identify why Your employee chose the location of where Your employee dropped off the
Trailer.
Identify whether You own the location where the Trailer was dropped off.
Identify why You moved the trailer.
Identify who directed Your employee to move the Trailer, including their name and phone
number.
. Identify the phone number and Carrier of the person who instructed Your employee to
move the Trailer, if known.
Preview
Filing # 83581582 E-Filed 01/18/2019 01:44:51 PM IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA CASE NO.: 2018-032555-CA-01 JUTA BOIANGIN, an individual Plaintiff, Vv BLUE JAY TRUCKING, INC., a Florida for profit corporation, and IMPAC LOGISTIC SERVICES, LLC, a New Jersey limited liability company Defendants. / MOTION FOR LEAVE TO PROPOUND IN EXCESS OF THIRTY (30) INTERROGATORIES COMES NOW, Plaintiff, JUTA BOIANGIN, by and through the undersigned attorney and respectfully moves this Honorable Court to enter an Order allowing it to propound in excess of thirty (30) interrogatories, and would show unto this Honorable Court as grounds therefore that 1 This is a case involving complicated legal and factual issues. A copy of the Amended Complaint is attached as Exhibit ‘A.’ The Plaintiff has propounded the following interrogatories to the Defendants, BLUE JAY TRUCKING, INC.: a. First Set of Interrogatories on November 27, 2018 with a total of twenty (20) interrogatories. The Plaintiff is in need of additional information requested in the interrogatory attached hereto as Exhibit ‘B’ in order to continue to prepare its case. The attached interrogatories consist of fifteen interrogatories, exceeding the allowed thirty interrogatories by Florida Rules of Civil Procedure § 1.340 by five.5. The granting of the Plaintiff, JUTA BOIANGIN’s Motion for Leave to Propound in Excess of Thirty (30) Interrogatories will not prejudice the Defendant BLUE JAY TRUCKING, INC WHEREFORE, the Plaintiff, JUTA BOIANGIN, prays that this Court grant it leave to propound the interrogatories attached hereto as Exhibit ‘B.’ CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing instrument has been furnished by Florida ePortal automatically generated e-mail on this 18" day of January, 2019. Dated: January 18, 2019 Respectfully submitted, AINSWORTH + CLANCY, PLLC 801 Brickell Avenue, 9" Floor Miami, Florida 33131 Telephone: (305) 600-3816 Facsimile: (305) 600-3817 Counsel for Plaintiff By: Ryan Clancy Ryan Clancy, Esq. Florida Bar No. 117650 Email: EmailEXHIBIT ‘A’ AMENDED COMPLAINTFiling # 83474833 E-Filed 01/16/2019 06:33:48 PM CIRCUIT COURT OF THE TH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA CASE NO.: 18-32555-CA-01 (13) SUTA BOTANGIN, an individual Plaintiff, Vv. BLUE JAY TRUCKING, INC., a Florida for profit corporation, IMPAC LOGISTIC ERVICES, LLC, a New Jersey limited liability company and AJA PROPERTIES NO. 6 LTD. a Florida limited partnership Defendants / AMENDED COMPLAINT COMES NOW, Plaintiff, JUTA BOLANGIN (“Plaintiff”) by and through undersigned counsel sues Defendants, BLUE JAY TRUCKING INC, IMPAC LOGISTIC SERVICES LLC and AJA PROPERTIES NO. 6, LTD. (“Landiord”) (“Defendants”) and in support thereof states as follows: 1, . Defendant, IMP JURISDICTION, VENUE AND PARTIES This is an action for damages in excess of the jurisdictional limits of this Honorable Court seeking over fifieen-thousand dollars ($15,000) in damages and other relief, exclusive of interest, costs, and attorney's fees Venue is proper in Miami-Dade County because the torts alleged occurred therein. Plaintiff is sui juris and consents to personal jurisdiction of the Court by filing the instant lawsuit. Defendant, BLUE JAY TRUCKING, INC., is a Florida Profit corporation. AC LOGISTIC SERVICES, LLC, is a New Jersey limited liability company, that, on information and belief, conducts substantial and not isolated business within Florida.~ 9 il 14 an 16, Defendant, Landlord is a Florida limited partnership that owns and leases commercial warehouse space to tenants at real property located in Miami-Dade Florida at 2970 NW 75" Ave., Miami, FL 33122 (the “Property”} Upon information and belief Defendant, IMPAC LOGISTIC SERVICES, LLC, owns trailer with VIN 1BK10W922EE212197 (“Trailer”) Upon information and belief Defendant, BLUE JAY TRUCKING, INC., was leasing or purchased the Trailer from Defendant, IMPAC LOGISTIC SERVICES, LLC. Alternatively, BLUE JAY TRUCKING, INC. was using the Trailer / Oxei from, or lost by Co-Defendant IMPAC LOGISTIC SERVICES, LLC. ing dominion and control over the Trailer after it had been abandoned, stolen All pre-requisites to suit have been performed or waived. RELEVANT FACTS Plaintiff was driving northbound on NW 75 Ave at or around 6:15 AM on the morning of February 19, 2018. Plaintiff's automobile collided into the back end of the Trailer which was parked unlawfully on the side of the road. On information and belief, Landlord has not exercised proper care and caution in regards to the parking of trailers at the Property as other trailers besides the Trailer have also been allowed by the Landlord to park illegally on the side of the road in front of the Property posing a threat to the public and in violation of Florida law . The Trailer was parked on aforementioned side of the road, in front of the building owned and managed by the Landlord, in violation of the applicable ordinances and/or statutes. The Trailer did not have flashing lights, warning cones or triangles, or other reasonable warnings related to the danger posed. Plaintiff, unable to see Defendant's trailer due to poor lighting, struck Defendant's parked/stationary trailer with her vehicle. After the accident occurred, BLUE JAY TRUCKING, INC. moved the Trailer from the scene and the Trailer has not been seen since. Landlord had a duty to keep the Property free and clear of improperly parked trucks which are a foreseeable issue / nuisance in the area since the Property is located near the Miami airport in a district with many trucking and logistics companies.i 18, 19. i) Bm 7. Landlord had a duty to ensure that its tenants and invitees of its tenants follow applicable codes and ordinances The other Defendants (BLUE JAY TRUCKING INC. and IMPAC LOGISTIC SERVICES, LLC) had a duty to keep the Trailer parked in conformity with local and applicable laws and ordinances and to behave in a businesslike and prudent manner. COUNT 1~ NEGLIGENCE — AGAINST BLUE JAY TRUCKING, INC. Plaintiff hereby reincorporates by reference paragraphs 1-17 as if set out in full Defendant, BLUE JAY TRUCKING, INC., is a Florida DOT licensed company and operated the Trailer on Florida roadways and is therefore subject to the laws, rules, and regulations under Miami-Dade County, Florida Code of Ordinances Sec 33. As the owner and/or operator of the Trailer, Defendant by and through its employees or agents failed to meet, follow, comply with or abide by one or more of the following requirements of Miami-Dade County, Florida Code of Ordinances Sec. 33-124.1 states ‘The temporary parking of a Category 2 or 3 vehicle in front of the building line or in front of the buffer screen shall only be permitted for the purpose of loading or unloading of materials or persons or engaged in providing a commercial service at the premises or for the purpose of the driver to make a temporary convenience stop at the residence. However, a temporary or convenience stop shall be limited to no more than one hour in any 24-hour period. Upon information and belief, the Trailer qualifies as a Category 2 or 3 vehicle as defined by Miami-Dade County, Florida Code of Ordinances Sec. 33-124.1. Defendant did not park the Trailer in front of building line or in front of the buffer screen for the purpose of loading or unloading of materials or persons, but appeared to have been keeping the Trailer parked on Northwest 75" Avenue for extended periods of time.23. 26. 28 Detendant did not park the Trailer in front of building line or in front of the buffer screen for the purpose of providing a commercial service at the premises or for the purpose of the driver to make a temporary convenience stop at the residence. Defendant was aware or should have reasonably been aware that it was against the law to park the Trailer where Defendant did, in order to avoid conflict with other traffic. Defendant nevertheless made the decision to park the Trailer at the site of the accident although it was or should have been aware that it was against the law to park the Trailer where Defendant did. By violating Miami-Dade County, Florida Code of Ordinances Sec. 33-124.1, Defendant is negligent per se Said laws, rules, and regulations violated by the Defendant are designed to protect the general public from the harm that these trailers parked on the side of the road can cause. Namely, the extreme harm running into one of these trailers can cause. Had the law, rules, and regulations aforementioned been adhered to by the Defendant, the ensuing collision would not have occurred, and Plaintiff would not have been injured. As a direct and proximate result of the Defendant’s negligence, as aforesaid, the Plaintiff sustained permanent physical impairment and other damages 30. Regardless of the above-quoted Miami-Dade ordinance, the Trailer was parked by Defendant in a negligent manner which was the direct and proximate cause of Plaintiff’ s injuries. WHEREFORE Plaintiff demands judgment against Defendant, BLUE JAY TRUCKING, INC., in the form of money damages, costs, and any other relief this Court deems proper. 34 32. COUNT 2 —- NEGLIGENCE — AGAINST IMPAC LOGISTIC SERVICES, LLC Plaintiff hereby reincorporates by reference paragraphs 1-17 as if set out in full. Defendant, IMPAC LOGISTIC SERVICES, LLC, operated the Trailer on Florida roadways and is therefore subject to the laws, rules, and regulations under Miami- Dade County, Florida Code of Ordinances Sec. 3333 35, 36. 39. 40. As the owner and/or operator of the Trailer, Defendant by and through its employees or agents failed to meet, follow, comply with or abide by one or more of the following requirements of Miami - Dade County, Florida Code of Ordinances Sec. 33-124.1 states The temporary parking of a Category 2 or 3 vehicle in front of the building line or in front of the buffer screen shall only be permitted for the purpose of loading or unloading of materials or persons or engaged in providing a commercial service at the premises or for the purpose of the driver to make a temporary convenience stop at the residence. However, a temporary or convenience stop shall be limited to no more than one hour in any 24-hour period Upon information and belief, the Trailer qualifies as a Category 2 or 3 vehicle as defined by Miami - Dade County, Florida Code of Ordinances Sec. 33-124.1. Detendant did not park Trailer in front of building line or in front of the buffer screen for the purpose of loading or unloading of materials or persons, but appeared to have been keeping the Trailer parked in Northwest 75"* Avenue for extended periods of time. Defendant did not park the Trailer in front of building line or in front of the buffer screen for the purpose of providing a commercial service at the premises or for the purpose of the driver to make a temporary convenience stop at the residence. Defendant was aware or should have reasonably been aware that it was against the law to park the Trailer where Defendant did, in order to avoid conflict with other traffic. Defendant nevertheless made the decision to park the Trailer at the site of the accident although it was or should have been aware that it was against the law to park the Trailer where Defendant did. By violating Miami-Dade County, Florida Code of Ordinances Sec. 33-124.1, Defendant is negligent per se and re} Said laws, rul ilations violated by the Defendant are designed to protect the general public from the harm that these trailers parked on the side of the road can cause. Namely, the xtreme harm running into one of these trailers can cause.41. Had the law, rules, and regulations aforementioned been adhered to by the Defendant, the ensuing collision would not have occurred, and Plaintiff would not have been injured. As a direct and proximate result of the Defendant’s negligence, as aforesaid, the Plaintiff sustained permanent physical impairment and other damages 43, Regardless of the above-quoted Miami-Dade ordinance, the Trailer was parked by Defendant in a negligent manner which was the direct and proximate cause of Plaintiff’ s injuries WHEREFORE Plaintif¥ demand judgment against Defendant, IMPAC LOGISTIC SERVICES, LLC, in the form of money damages, costs, and any other relief this Court deems proper COUNT 3 —- NEGLIGENCE — AGAINST LANDLORD 44, Plaintiff hereby reincorporates by reference paragraphs 1-17 as if set out in full 45. Defendant had a duty to the public including Plaintiff to keep the Property reasonably safe and free of known dangers or perils and to ensure that tenants and invitees of the tenants follow applicable local ordinances and laws 46. Said laws, rules, and regulations violated by the Defendant, or Defendant’s tenants or invitees are designed to protect the general public from the harm that these trailers parked on the side of the road can cause. Namely, the extreme harm running into one of these trailers can cause. 47. Wad the law, rules, and regulations aforementioned been adhered to by the Defendant, the ensuing collision would not have occurred, and Plaintiff would not have been injured. 48. As a direct and proximate result of the Defendant’s negligence, as aforesaid, the Plaintiff sustained permanent physical impairment and other damages. 49, Landlord was on notice of the issues by way of the fact that the Trailer and other trailers routinely park in the area in violation of local ordinances 50. Regardless of the above-quoted Miami-Dade ordinance, the Trailer was parked by in a negligent manner and Landlord acquiesced to the parking of the Trailer in such manner or failed to exercise reasonable care, which was the direct and proximate cause of Plaintiff's injuries.WHEREFORE Plaintiff demand judgment against Defendant, Landlord, in the form of money damages, costs, and any other relief this Court deems proper. AD DAMNUM PRAYER FOR RELIEF Plaintiff demands judgment against all Defendants for the following elements of damage: For Plaintiff, JUTA BOINAGIN, cornpensatory damages, interest, costs, attorney's fees, past and future bodily injury, pain and suffering, lost past wages, lost future wages, disability or physical impairment, disfigurement, mental anguish, loss of capacity for the enjoyment of life, medical and hospital expense and treatment, and a need to hire assistance for daily chores and activities. JURY DEMAND Plaintiff demands a jury for all issues so triable Dated: January 16, 2019 Respectfully Submitted, AINSWORTH + CLANCY By: /s/ Ryan M. Clancy Ryan M. Clancy, Esq. Fla. Bar No. 117650 801 Brickell Ave. 9” Floor Miami, Florida 33131 Phone:305-600-38 16 Fax: 305-600-3817 Email: ryan@business-esq.com Attorney for the PlaintiffEXHIBIT ‘B’ PROPOSED INTERROGATORIESIN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI DADE COUNTY, FLORIDA CASE NO.: 2018-032555-CA-01 JUTA BOLTANGIN, an individual Plaintiff, Vv. BLUE JAY TRUCKING, INC., a Florida for profit corporation, and IMPAC LOGISTIC SERVICES, LLC, a New Jersey limited liability company Defendants. / PLAINTIFF’S SECOND SET OF INTERROGATORIES TO BLUE TRUCKING, INC. Plaintiff, pursuant to applicable rules of Civil Procedure asks that the foregoing interrogatories be answered under oath and served on Plaintiff through counsel within thirty (30) days of service. Respectfully Submitted, By: /s/Ryan Clancy Ryan M. Clancy, Esq FNB 117650 AINSWORTH + CLANCY, PLLC 801 Brickell Ave., 9th FL Miami, FL 33131 305-600-3816 (O) 305-600-3817 (F) Email: CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via e- service on this 15'" day of January 2019 to all Parties. By: /s/ Ryan Clancy Ryan Clancy, EsqDEFINITIONS A “AIV’ includes the word “any” and “any” includes the word “all.” B. “And” as well as “or” shall be construed disjunctively or conjunctively. Cc “Any” includes the word “all” and “all” includes the word “any.” Dz. “Carrier” shall mean and refer to the wireless service provider that supplies cellular connectivity services to mobile phone and tablet subscribers. The cellular company that is paid for cellphone usage and is either a mobile carrier or a mobile virtual network operator. (i.e., AT&T, Verizon Wireless, T-Mobile, Sprint, etc.) E. : “Defendant” shall mean and refer to each and all defendants named in this civil action. F “Each” includes the word “every” and “every” includes the word “each.” G. “Every” includes the word “each” and “each” includes the word “every.” H. “Identify” and “identification,” when used in reference to a document or documents, means to state the date prepared or generated, the author (and, if different, the signor or signors), the addressee, type of document (e.g., letter, memorandum, telegram, chart, sketch, diagram, etc.), and any other means of identifying same with sufficient particularity to meet the requirements for its inclusion in an interrogatory pursuant to the applicable Rules of Civil Procedure governing this action. If any such document was, but is no longer, in your possession or subject to your control, state how the document was disposed and the reason for such disposition. In lieu of identifying any document in full detail pursuant to these definitions and instructions, a document may be referred to in a manner sufficient to recognize same if a true and correct copy thereof is annexed to and incorporated in the response to this discovery request. If any such document has already been furnished to the party propounding this discovery request, only a reference to such document is necessary as to enable said requesting party to identify it. “Identify” and “identification,” when used in reference to a person, means to state the name, address, and telephone number for each “person.” L “Incident” means the motor vehicle accident alleged in the Complaint on February 19, 2018 J “Including” is used in the broadest non-exclusive sense; it means “including but not limited to.” K “Referring” or “relating,” when used to specify a document shall mean and refer to any document that constitutes, contains, embodies, reflects, identifies, states, refers to, deals with, or is an any manner whatsoever pertinent to that subject.L “Trailer” refers to the trailer with VIN 1BK10W922EE212197 M. “You” and “Your” shall mean and refer to the Defendant Blue Jay Trucking, Inc. in this civil action to whom this request is directed, individually and collectively, including but not limited to their agents, representatives, attorneys, accountants and any other person acting, retained to act or delegated to act on his/her/its behalf.INSTRUCTIONS If you object to fully identifying a document or oral communication because of a privilege, you must nevertheless provide the following information unless divulging the information would disclose the privileged information. 1, The nature of the privilege claimed (including work product); 2. If the privilege is being asserted in connection with a claim or defense governed by state law, the state privilege rule being invoked; 3. The date of the document or oral communication; 4 If a document: its type (correspondence, memorandum, facsimile etc.), custodian, location, and such other information sufficient to identify the document for a subpoena duces tecum or a document request, including where appropriate the author, the addressee, and, if not apparent, the relationship between the author and addressee; 5 If an oral communication: the place where it was made, the names of the persons present while it was made, and, if not apparent, the relationship of the persons present to the declarant; and 6. The general subject matter of the document or oral communication. [INTERROGATORIES ON FOLLOWING PAGE]we INTERROGATORIES What is the name and address of the person answering these interrogatories and, if applicable, the person’s official title or relationship with the party to whom the interrogatories are directed? In answering this interrogatory, if applicable, please list each and every attorney or other person that assisted in answering the interrogatories. Identify the phone number and Carrier of the person answering these interrogatories Identify the phone number and Carrier of the owner of Blue Jay Trucking, Inc. Identify the name and address of the person who informed You of the Incident. Identify the phone number and Carrier of person who informed You of the Incident, if known. Identify the name of Your employee who moved the Trailer. Identify the phone number and Carrier of the employee who moved the Trailer at the time of the Incident. Who informed You of the Incident?10 11 12. 13 14. 15 Identify the phone number and Carrier of the person who informed You of the Incident, if known. Where was the Trailer moved to? Identify why Your employee chose the location of where Your employee dropped off the Trailer. Identify whether You own the location where the Trailer was dropped off. Identify why You moved the trailer. Identify who directed Your employee to move the Trailer, including their name and phone number. . Identify the phone number and Carrier of the person who instructed Your employee to move the Trailer, if known.