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Case Number: CACE-21-007761 Division: 18
Filing # 125100105 E-Filed 04/16/2021 04:35:48 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
CASE NO:
MICHAEL DANIEL MCGIRT,
Plaintiff,
vs.
RANDY J. ARCHER
Defendant.
/
COMPLAINT
COME(S) NOW Plaintiff, MICHAEL DANIEL MCGIRT, by and through his undersigned
counsel, and sues Defendant, RANDY J. ARCHER, and states as follows:
1. This is an action for damages which exceeds thirty thousand dollars ($30,000.00)
exclusive of interest, costs, 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. Cont.
2. Plaintiff, MICHAEL DANIEL MCGIRT, is a resident of Volusia County, Florida,
who is over the age of 18 and is sui juris in all respects.
3. Defendant, RANDY J. ARCHER, is resident of Broward County, Florida, who is
over the age of 18 and is sui juris in all respects.
4. Venue is proper in Broward County as it is the location of the accident which is the
subject of this Complaint.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/16/2021 04:35:46 PM.****lL.
12.
13.
On or about September 6, 2019, Plaintiff, MICHAEL DANIEL MCGIRT, was in
his vehicle driving South on Interstate 95 approaching Cypress Creek Rd., in
Broward County, Florida.
On or about September 6, 2019, Defendant, RANDY J. ARCHER, was traveling
South on Interstate 95 approaching Cypress Creek Rd, in
Broward County, Florida.
At that time and place Defendant, RANDY J. ARCHER, negligently failed to
observe his surroundings, negligently failed to stop his motor vehicle and as a
result, struck the Plaintiffs vehicle causing Plaintiff's vehicle.
On or about September 6, 2019, and at all times material hereto, Defendant,
RANDY J. ARCHER, owned the vehicle he was operating.
COUNTI
NEGLIGENCE CLAIM AGAINST RANDY J. ARCHER
Plaintiff, MICHAEL DANIEL MCGIRT, hereby readopts and incorporates the
allegations set forth in paragraphs one (1) through eight (8) of the Complaint as if
fully set forth herein.
On or about September 6, 2019, and at all times material hereto, Defendant,
RANDY J. ARCHER, owed a duty to exercise reasonable care in the ownership,
operation, maintenance, control and/or use of the motor vehicle for the benefit of
other individuals on the public roadways.
At that time and place Defendant, RANDY J. ARCHER, negligently failed to
observe his surroundings, negligently failed to stop his motor vehicle and as a
result, struck the Plaintiff's vehicle causing Plaintiff’s vehicle to strike the vehicle
in front of him.
Plaintiff's vehicle sustained substantial damage and Plaintiff demands
compensation.
As a direct and proximate result of the foregoing negligence, Plaintiff, MICHAEL
DANIEL MCGIRT, suffered bodily injury and resulting pain and suffering,
impairment, disability, disfigurement, mental anguish, loss of capacity for the
enjoyment of life, expense of hospitalization, medical and nursing care andtreatment, loss of earnings, loss of ability to earn money. The injuries to Plaintiff
are permanent within a reasonable degree of medical probability and the Plaintiff
will continue to suffer the losses in the future.
WHEREFORE, Plaintiff, MICHAEL DANIEL MCGIRT, demands judgment for damages
against Defendant, RANDY J. ARCHER, together with costs, interest and other such relief deemed.
just and proper by the Court and demands trial by jury on all issues so triable.
DEMAND FOR JURY TRIAL
Plaintiff further demands a trial by jury on all issues so triable.
Dated this 16 day of April 2021.
By: St
STEWAR TAN ARELE SQ.
Florida Bar No.: 0106733
Tavarez Law, P.A.
230 E. Monument Ave., Suite AS
Kissimmee, FL 34741
Phone: (407)459-7679
Fax: (407)517-4348
E-Filing: stewar@tavarezlaw.com
Email: stewar@tavarezlaw.com
ATTORNEY FOR PLAINTIFF
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Case Number: CACE-21-007761 Division: 18 Filing # 125100105 E-Filed 04/16/2021 04:35:48 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO: MICHAEL DANIEL MCGIRT, Plaintiff, vs. RANDY J. ARCHER Defendant. / COMPLAINT COME(S) NOW Plaintiff, MICHAEL DANIEL MCGIRT, by and through his undersigned counsel, and sues Defendant, RANDY J. ARCHER, and states as follows: 1. This is an action for damages which exceeds thirty thousand dollars ($30,000.00) exclusive of interest, costs, 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. Cont. 2. Plaintiff, MICHAEL DANIEL MCGIRT, is a resident of Volusia County, Florida, who is over the age of 18 and is sui juris in all respects. 3. Defendant, RANDY J. ARCHER, is resident of Broward County, Florida, who is over the age of 18 and is sui juris in all respects. 4. Venue is proper in Broward County as it is the location of the accident which is the subject of this Complaint. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 04/16/2021 04:35:46 PM.****lL. 12. 13. On or about September 6, 2019, Plaintiff, MICHAEL DANIEL MCGIRT, was in his vehicle driving South on Interstate 95 approaching Cypress Creek Rd., in Broward County, Florida. On or about September 6, 2019, Defendant, RANDY J. ARCHER, was traveling South on Interstate 95 approaching Cypress Creek Rd, in Broward County, Florida. At that time and place Defendant, RANDY J. ARCHER, negligently failed to observe his surroundings, negligently failed to stop his motor vehicle and as a result, struck the Plaintiffs vehicle causing Plaintiff's vehicle. On or about September 6, 2019, and at all times material hereto, Defendant, RANDY J. ARCHER, owned the vehicle he was operating. COUNTI NEGLIGENCE CLAIM AGAINST RANDY J. ARCHER Plaintiff, MICHAEL DANIEL MCGIRT, hereby readopts and incorporates the allegations set forth in paragraphs one (1) through eight (8) of the Complaint as if fully set forth herein. On or about September 6, 2019, and at all times material hereto, Defendant, RANDY J. ARCHER, owed a duty to exercise reasonable care in the ownership, operation, maintenance, control and/or use of the motor vehicle for the benefit of other individuals on the public roadways. At that time and place Defendant, RANDY J. ARCHER, negligently failed to observe his surroundings, negligently failed to stop his motor vehicle and as a result, struck the Plaintiff's vehicle causing Plaintiff’s vehicle to strike the vehicle in front of him. Plaintiff's vehicle sustained substantial damage and Plaintiff demands compensation. As a direct and proximate result of the foregoing negligence, Plaintiff, MICHAEL DANIEL MCGIRT, suffered bodily injury and resulting pain and suffering, impairment, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care andtreatment, loss of earnings, loss of ability to earn money. The injuries to Plaintiff are permanent within a reasonable degree of medical probability and the Plaintiff will continue to suffer the losses in the future. WHEREFORE, Plaintiff, MICHAEL DANIEL MCGIRT, demands judgment for damages against Defendant, RANDY J. ARCHER, together with costs, interest and other such relief deemed. just and proper by the Court and demands trial by jury on all issues so triable. DEMAND FOR JURY TRIAL Plaintiff further demands a trial by jury on all issues so triable. Dated this 16 day of April 2021. By: St STEWAR TAN ARELE SQ. Florida Bar No.: 0106733 Tavarez Law, P.A. 230 E. Monument Ave., Suite AS Kissimmee, FL 34741 Phone: (407)459-7679 Fax: (407)517-4348 E-Filing: stewar@tavarezlaw.com Email: stewar@tavarezlaw.com ATTORNEY FOR PLAINTIFF