Preview
Case Number: CACE-21-010548 Division: 18
Filing # 127578100 E-Filed 05/26/2021 12:56:36 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT IN AND FOR
BROWARD COUNTY, FLORIDA
YVONNE MARIE LEE, CASE NO.:
Plaintiff,
VS.
NICHOLE O’DAY and CRAIG ANDREW STERN,
Defendants.
COMPLAINT
COMES NOW the Plaintiff, YVONNE MARIE LEE, by and through her undersigned
attorney, and hereby sues the Defendants, NICHOLE O’DAY and CRAIG ANDREW STERN, and.
in support thereof, alleges:
1 That this is an action in excess of the minimal Jurisdiction requirements of this Court, to wit
THIRTY THOUSAND ($30,000.00) DOLLARS, exclusive of costs.
That at all times material hereto, the Defendant, NICHOLE O’DAY, was a resident of
Broward County, Florida and is otherwise sui juris.
That at all times material hereto, the Defendant, CRAIG ANDREW STERN, was a resident
of Broward County, Florida and is otherwise sui juris.
That at all times material hereto, the Plaintiff, YVONNE MARIE LEE, was a resident of
Broward County, Florida and is otherwise sui juris.
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/26/2021 12:56:33 PM.**#**
5. That the accident upon which this Complaint is based occurred in the County of Broward,
State of Florida. Location of accident: Coral Springs Drive, close to Royal Palm Blvd,
Coral Springs, Broward County, Florida.
COUNT I—- NEGLIGENCE
YVONNE MARIE LEE vy. NICHOLE O’DAY
That Plaintiff, YVONNE MARIE LEE, re-alleges all of the allegations contained in
paragraphs 1- 5 as if they were fully and completely set forth herein, and further alleges the
following:
6. That at all times material hereto, Defendant, NICHOLE O’DAY, controlled and maintained
a 2018 Chevrolet, VIN: IGNSCJKC7JR169899 (“subject vehicle”), which was owned by
Defendant, CRAIG ANDREW STERN.
That on or about April 8, 2019, at approximately 5:04 P.M., Plaintiff, YVONNE MARIE
LEE, was the driver of a 2013 Infinity, VIN: JNICV6AR2DM75 1648.
That at all times material hereto, Defendant, NICHOLE O’DAY, owed a duty to other
motorists to operate the subject motor vehicle in a reasonable and safe manner.
That on the above date and time, Defendant, NICHOLE O’DAY, breached her duty to
operate the subject vehicle in a reasonable and safe manner when she carelessly and
negligently operated the subject motor vehicle, thus causing the subject vehicle to collide
with the Plaintiff's vehicle.
10. That as direct and proximate result of Defendant, NICHOLE O’DAY's, negligence,
Plaintiff, YVONNE MARIE LEE, was injured in and about his body and extremities
and/or aggravated a pre-existing condition; suffered pain therefrom; suffered physical
handicap; suffered disfigurement; suffered mental pain and suffering; suffered loss of
income in the past and will do so in the future, suffered loss for the capacity for the
enjoyment of life in the past and the future; and incurred medical expenses for the care
and treatment of his injuries. Said injuries are permanent and are continuing in nature,
and Plaintiff will continue to suffer these losses and impairments in the future.
WHEREFORE, Plaintiff, YVONNE MARIE LEE, prays for entry of a judgment against
Defendant, NICHOLE O’DAY, in an amount in excess of Thirty Thousand ($30,000.00) Dollars,
plus costs, and the Plaintiff further demands trial by jury of all issues in this cause so triable as a
matter of right.
COUNT Il— DANGEROUS INSTUMENTALITY
YVONNE MARIE LEE y. CRAIG ANDREW STERN
Plaintiff, YVONNE MARIE LEE, re-alleges the allegations contained in paragraphs 1 — 5
as if they were fully and completely set forth herein, and further alleges against the Defendant,
CRAIG ANDREW STERN, as follows:
11. At all times material hereto, the Defendant, CRAIG ANDREW STERN, owed a duty to the
general public and to PLAINTIFF in particular, to operate and/or maintain the subject
vehicle in a reasonably safe manner.
12 At all times material hereto, the Defendant, CRAIG ANDREW STERN, breached his said
duty, when Defendant, NICHOLE O’DAY, operated Defendant, CRAIG ANDREW
STERN’s vehicle in such a careless, reckless, and negligent manner, so as to allow it to
strike the PLAINTIFF’s vehicle.
13. At all times material hereto, Defendant, CRAIG ANDREW STERN, is thereby vicariously
liable for the negligence of Defendant, NICHOLE O’DAY, under the dangerous
instrumentality doctrine.
14. That as a direct and proximate result, the Plaintiff, YVONNE MARIE LEE, was injured in
and about her body and extremities and/or aggravated a pre-existing condition; suffered
pain therefrom; suffered disfigurement; loss for the capacity for the enjoyment of life;
and incurred medical expenses for the care and treatment of her injuries in the past and
future. Said injuries are permanent and are continuing in nature and the Plaintiff will
continue to suffer said impairments in the future.
WHEREFORE the Plaintiff, YVONNE MARIE LEE, prays for entry of a Judgment against
Defendant, CRAIG ANDREW STERN, in an amount in excess of Thirty Thousand Dollars
($30,000.00), plus costs, and PLAINTIFF further demands trial by jury of all issues in this cause so
triable as a matter of right.
LAW OFFICE OF SABAN & SOLOMON
150 N. University Dr., Suite 200
Plantation, Florida 33324
P: (954) 577-2878
F: (954) 577-2215
s/ Robert Solomon
ROBERT C. SOLOMON, ESQ.
FBN: 27054
Preview
Case Number: CACE-21-010548 Division: 18 Filing # 127578100 E-Filed 05/26/2021 12:56:36 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA YVONNE MARIE LEE, CASE NO.: Plaintiff, VS. NICHOLE O’DAY and CRAIG ANDREW STERN, Defendants. COMPLAINT COMES NOW the Plaintiff, YVONNE MARIE LEE, by and through her undersigned attorney, and hereby sues the Defendants, NICHOLE O’DAY and CRAIG ANDREW STERN, and. in support thereof, alleges: 1 That this is an action in excess of the minimal Jurisdiction requirements of this Court, to wit THIRTY THOUSAND ($30,000.00) DOLLARS, exclusive of costs. That at all times material hereto, the Defendant, NICHOLE O’DAY, was a resident of Broward County, Florida and is otherwise sui juris. That at all times material hereto, the Defendant, CRAIG ANDREW STERN, was a resident of Broward County, Florida and is otherwise sui juris. That at all times material hereto, the Plaintiff, YVONNE MARIE LEE, was a resident of Broward County, Florida and is otherwise sui juris. #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 05/26/2021 12:56:33 PM.**#** 5. That the accident upon which this Complaint is based occurred in the County of Broward, State of Florida. Location of accident: Coral Springs Drive, close to Royal Palm Blvd, Coral Springs, Broward County, Florida. COUNT I—- NEGLIGENCE YVONNE MARIE LEE vy. NICHOLE O’DAY That Plaintiff, YVONNE MARIE LEE, re-alleges all of the allegations contained in paragraphs 1- 5 as if they were fully and completely set forth herein, and further alleges the following: 6. That at all times material hereto, Defendant, NICHOLE O’DAY, controlled and maintained a 2018 Chevrolet, VIN: IGNSCJKC7JR169899 (“subject vehicle”), which was owned by Defendant, CRAIG ANDREW STERN. That on or about April 8, 2019, at approximately 5:04 P.M., Plaintiff, YVONNE MARIE LEE, was the driver of a 2013 Infinity, VIN: JNICV6AR2DM75 1648. That at all times material hereto, Defendant, NICHOLE O’DAY, owed a duty to other motorists to operate the subject motor vehicle in a reasonable and safe manner. That on the above date and time, Defendant, NICHOLE O’DAY, breached her duty to operate the subject vehicle in a reasonable and safe manner when she carelessly and negligently operated the subject motor vehicle, thus causing the subject vehicle to collide with the Plaintiff's vehicle. 10. That as direct and proximate result of Defendant, NICHOLE O’DAY's, negligence, Plaintiff, YVONNE MARIE LEE, was injured in and about his body and extremities and/or aggravated a pre-existing condition; suffered pain therefrom; suffered physical handicap; suffered disfigurement; suffered mental pain and suffering; suffered loss of income in the past and will do so in the future, suffered loss for the capacity for the enjoyment of life in the past and the future; and incurred medical expenses for the care and treatment of his injuries. Said injuries are permanent and are continuing in nature, and Plaintiff will continue to suffer these losses and impairments in the future. WHEREFORE, Plaintiff, YVONNE MARIE LEE, prays for entry of a judgment against Defendant, NICHOLE O’DAY, in an amount in excess of Thirty Thousand ($30,000.00) Dollars, plus costs, and the Plaintiff further demands trial by jury of all issues in this cause so triable as a matter of right. COUNT Il— DANGEROUS INSTUMENTALITY YVONNE MARIE LEE y. CRAIG ANDREW STERN Plaintiff, YVONNE MARIE LEE, re-alleges the allegations contained in paragraphs 1 — 5 as if they were fully and completely set forth herein, and further alleges against the Defendant, CRAIG ANDREW STERN, as follows: 11. At all times material hereto, the Defendant, CRAIG ANDREW STERN, owed a duty to the general public and to PLAINTIFF in particular, to operate and/or maintain the subject vehicle in a reasonably safe manner. 12 At all times material hereto, the Defendant, CRAIG ANDREW STERN, breached his said duty, when Defendant, NICHOLE O’DAY, operated Defendant, CRAIG ANDREW STERN’s vehicle in such a careless, reckless, and negligent manner, so as to allow it to strike the PLAINTIFF’s vehicle. 13. At all times material hereto, Defendant, CRAIG ANDREW STERN, is thereby vicariously liable for the negligence of Defendant, NICHOLE O’DAY, under the dangerous instrumentality doctrine. 14. That as a direct and proximate result, the Plaintiff, YVONNE MARIE LEE, was injured in and about her body and extremities and/or aggravated a pre-existing condition; suffered pain therefrom; suffered disfigurement; loss for the capacity for the enjoyment of life; and incurred medical expenses for the care and treatment of her injuries in the past and future. Said injuries are permanent and are continuing in nature and the Plaintiff will continue to suffer said impairments in the future. WHEREFORE the Plaintiff, YVONNE MARIE LEE, prays for entry of a Judgment against Defendant, CRAIG ANDREW STERN, in an amount in excess of Thirty Thousand Dollars ($30,000.00), plus costs, and PLAINTIFF further demands trial by jury of all issues in this cause so triable as a matter of right. LAW OFFICE OF SABAN & SOLOMON 150 N. University Dr., Suite 200 Plantation, Florida 33324 P: (954) 577-2878 F: (954) 577-2215 s/ Robert Solomon ROBERT C. SOLOMON, ESQ. FBN: 27054