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Filing # 124682478 E-Filed 04/09/2021 05:37:08 PM
IN THE CIRCUIT COURT OF THE SEVENTH
JUDICIAL CIRCUIT, IN AND FOR FLAGLER
COUNTY, FLORIDA
CASE NO: 2021 CA 000187
JEFFREY PARA,
Plaintiff,
vs.
BETTY SMITH AND DAWNA
RICHARDSON,
Defendants.
/
COMPLAINT
Plaintiff, JEFFREY PARA, files this action against the Defendants, DAWNA
RICHARDSON and BETTY SMITH, and as grounds in support alleges the following:
JURISDICTION
1. This is an action for damages that exceeds the sum of THIRTY THOUSAND
DOLLARS ($30,000.00), exclusive of costs, interest and attorneys’ fees (The estimated value of
Plaintiff's claim is in excess of the minimum jurisdictional threshold required by this Court).
Accordingly, Plaintiff has entered “$30,001” in the civil cover sheet for the “estimated amount of
the claim’ as required in the preamble to the civil cover sheet for jurisdictional purposes only (the
Florida Supreme Court has ordered that the estimated “amount of claim” be set forth in the civil
cover sheet for data collection and clerical purposes only). The actual value of Plaintiff's claim will
be determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const.
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 04/12/2021 11:15 AMGENERAL ALLEGATIONS
2. At all times material to this action, Plaintiff was and is a natural person residing in
Hillsborough County, Florida.
3. At all times material to this action, the Defendant, BETTY SMITH, was and is a
natural person and a resident of Putnam County, Florida.
4. At all times material to this action, the Defendant, DAWNA RICHARDSON, was
and is a natural person and a resident of St. Johns County, Florida.
5. On or about October 21, 2018, Plaintiff was in Flagler County and was traveling on
N. Ocean Shore Blvd.
6. At the same time and place, Defendant DAWNA RICHARDSON was driving
behind the Plaintiff.
7. At all times material, the car driven by Defendant DAWNA RICHARDSON was
owned by Defendant BETTY SMITH
COUNT 1 AGAINST DEFENDANT BETTY SMITH
8. The Plaintiff re-alleges and incorporates by reference counts 1 through 7 above and
further alleges the following:
9. Florida has adopted the Dangerous Instrumentality Doctrine which imposes liability
on the owner of a vehicle for any negligent operation by a permissive driver.
10. At all times material, the Defendant DAWNA RICHARDSON had the permission
of Defendant BETTY SMITH to drive and operate the subject vehicle.
11. On the above time and date, the Defendant DAWNA RICHARDSON was
negligent by failing to observe that the Plaintiff had slowed his vehicle, which caused a collision.12. As a direct and proximate result of Defendant DAWNA RICHARDSON’s
negligence, Plaintiff suffered bodily injury including a permanent injury to the body as a whole,
pain and suffering of both a physical and mental nature, disability, physical impairment,
disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life,
aggravation of an existing condition, expense of hospitalization, medical and nursing care and
treatment, loss of earnings, loss of ability to earn money and loss of ability to lead and enjoy a
normal life. The losses are either permanent or continuing and Plaintiff will suffer the losses in the
future. Plaintiff's motor vehicle was also damaged.
COUNT 2 AGAINST DAWNA RICHARDSON
13. The Plaintiff re-alleges and incorporates by reference counts 1 through 7 above and
further alleges the following:
14. On the above date and time, the Defendant DAWNA RICHARDSON was
negligent by failing to observe that the Plaintiff had slowed his vehicle, which resulted in a
collision.
15. As a direct and proximate result of Defendant DAWNA RICHARDSON’s
negligence, Plaintiff suffered bodily injury including a permanent injury to the body as a whole,
pain and suffering of both a physical and mental nature, disability, physical impairment,
disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life,
aggravation of an existing condition, expense of hospitalization, medical and nursing care and
treatment, loss of earnings, loss of ability to earn money and loss of ability to lead and enjoy a
normal life. The losses are either permanent or continuing and Plaintiff will suffer the losses in the
future. Plaintiff's motor vehicle was also damaged.WHEREFORE, Plaintiff, JEFFREY PARA, demands judgment for damages against
Defendants, DAWNA RICHARDSON and BETTY SMITH, and other such relief deemed
proper by the Court. Plaintiff also demands a jury trial on all issues so triable.
RESPECTFULLY submitted this 9th _ day of April, 2021.
/s/ Thomas E. Caldwell
Thomas E Caldwell, Esq.
FBN 0996513
Morgan & Morgan, P.A.
444 Seabreeze Blvd., Suite 100
Daytona Beach, Florida 32118
Telephone: (386) 562-9277
Facsimile: (386) 265-6544
Primary email: TCaldwell@forthepeople.com
Secondary email: CSmith@forthepeople.com
Attomeys for Plaintiff
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Filing # 124682478 E-Filed 04/09/2021 05:37:08 PM IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR FLAGLER COUNTY, FLORIDA CASE NO: 2021 CA 000187 JEFFREY PARA, Plaintiff, vs. BETTY SMITH AND DAWNA RICHARDSON, Defendants. / COMPLAINT Plaintiff, JEFFREY PARA, files this action against the Defendants, DAWNA RICHARDSON and BETTY SMITH, and as grounds in support alleges the following: JURISDICTION 1. This is an action for damages that exceeds the sum of THIRTY THOUSAND DOLLARS ($30,000.00), exclusive of costs, interest and attorneys’ fees (The estimated value of Plaintiff's claim is in excess of the minimum jurisdictional threshold required by this Court). Accordingly, Plaintiff has entered “$30,001” in the civil cover sheet for the “estimated amount of the claim’ as required in the preamble to the civil cover sheet for jurisdictional purposes only (the Florida Supreme Court has ordered that the estimated “amount of claim” be set forth in the civil cover sheet for data collection and clerical purposes only). The actual value of Plaintiff's claim will be determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const. Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 04/12/2021 11:15 AMGENERAL ALLEGATIONS 2. At all times material to this action, Plaintiff was and is a natural person residing in Hillsborough County, Florida. 3. At all times material to this action, the Defendant, BETTY SMITH, was and is a natural person and a resident of Putnam County, Florida. 4. At all times material to this action, the Defendant, DAWNA RICHARDSON, was and is a natural person and a resident of St. Johns County, Florida. 5. On or about October 21, 2018, Plaintiff was in Flagler County and was traveling on N. Ocean Shore Blvd. 6. At the same time and place, Defendant DAWNA RICHARDSON was driving behind the Plaintiff. 7. At all times material, the car driven by Defendant DAWNA RICHARDSON was owned by Defendant BETTY SMITH COUNT 1 AGAINST DEFENDANT BETTY SMITH 8. The Plaintiff re-alleges and incorporates by reference counts 1 through 7 above and further alleges the following: 9. Florida has adopted the Dangerous Instrumentality Doctrine which imposes liability on the owner of a vehicle for any negligent operation by a permissive driver. 10. At all times material, the Defendant DAWNA RICHARDSON had the permission of Defendant BETTY SMITH to drive and operate the subject vehicle. 11. On the above time and date, the Defendant DAWNA RICHARDSON was negligent by failing to observe that the Plaintiff had slowed his vehicle, which caused a collision.12. As a direct and proximate result of Defendant DAWNA RICHARDSON’s negligence, Plaintiff suffered bodily injury including a permanent injury to the body as a whole, pain and suffering of both a physical and mental nature, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, aggravation of an existing condition, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. Plaintiff's motor vehicle was also damaged. COUNT 2 AGAINST DAWNA RICHARDSON 13. The Plaintiff re-alleges and incorporates by reference counts 1 through 7 above and further alleges the following: 14. On the above date and time, the Defendant DAWNA RICHARDSON was negligent by failing to observe that the Plaintiff had slowed his vehicle, which resulted in a collision. 15. As a direct and proximate result of Defendant DAWNA RICHARDSON’s negligence, Plaintiff suffered bodily injury including a permanent injury to the body as a whole, pain and suffering of both a physical and mental nature, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, aggravation of an existing condition, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. Plaintiff's motor vehicle was also damaged.WHEREFORE, Plaintiff, JEFFREY PARA, demands judgment for damages against Defendants, DAWNA RICHARDSON and BETTY SMITH, and other such relief deemed proper by the Court. Plaintiff also demands a jury trial on all issues so triable. RESPECTFULLY submitted this 9th _ day of April, 2021. /s/ Thomas E. Caldwell Thomas E Caldwell, Esq. FBN 0996513 Morgan & Morgan, P.A. 444 Seabreeze Blvd., Suite 100 Daytona Beach, Florida 32118 Telephone: (386) 562-9277 Facsimile: (386) 265-6544 Primary email: TCaldwell@forthepeople.com Secondary email: CSmith@forthepeople.com Attomeys for Plaintiff