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Filing # 102148138 E-Filed 01/23/2020 06:18:20 PM
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR BAY COUNTY, FLORIDA
EBONEY HOY
Plaintiffs,
Vv. CASE NO.: 19004407CA
THOMPSON PUMP AND MANUFACTURING
COMPANY, INC. & PERRY NELSON
Defendants.
PLAINTIFF’S UNOPPOSED MOTION FOR LEAVE TO AMEND COMPLAINT
Plaintiff, EBONEY HOY,by and through undersigned counsel, hereby moves the
Court for Leave to Amend the Complaint in accordance with the attached Stipulation for
Leave to Amend Complaint, and states:
1. Plaintiff filed a personal injury lawsuit against Defendant, THOMPSON PUMP
AND MANUFACTURING, INC. as a result of a motor vehicle crash that
occurred on March 23, 2019.
2. Subsequent to the filing of the lawsuit it was discovered that THOMPSON
PUMP AND MANUFACTURING, INC. had been acquired by UNITED
RENTALS (NORTH AMERICA), INC.and that such acquisition had taken
place prior to the subject motor vehicle crash.
3. Accordingly, UNITED RENTALS (NORTH AMERICA), INC. is the correct
party in interest.4. Counsel for Plaintiff and Defendant have conferred and stipulate to Plaintiff
having leave to file an Amended Complaint to name UNITED RENTALS
(NORTH AMERICA), INC. as the proper Defendant.
5. Because an Answer has been filed by THOMPSON PUMP AND
MANUFACTURING, INC.., leave of court is required before such an Amended
Complaint may be accepted as filed.
WHEREFORE, given the foregoing, Plaintiff requests an Order granting leave
to file her Amended Complaint, a copy of which is attached hereto as Exhibit “A”.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by electronic mail through the Florida Courts E-filing Portal to Julio C.
Bertemati, Esq., and John C.S. Pierce, Esq., Sirote & Permutt, P.C., 1000 Corporate
Drive, Suite 150, Fort Lauderdale, FL 33334 (jpierce@sirote.com;
jbertematti@sirote.com; kwilliams@sirote.com; kwillingham@sirote.com) on this
23rd__ day of January 2020.
PERRY & YOUNG, P.A.
By:
/s/H. Les McFatter
H. Les McFatter, Esq.
Florida Bar No.: 147362
Imcfatter@perry-young.com
Phillip Stamman, Esq.
Florida Bar No.: 1010441
pstamman@perry-young.com
200 Harrison Ave
Panama City, FL 32401
Phone: 850-215-7777
Facsimile: 850-215-4777
Attorneys for the Plaintiff
Secondary e-mail addresses:
dcoleman@perry-young.com
eservice@perry-young.comIN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR BAY COUNTY, FLORIDA
EBONEY HOY,
Plaintiff,
v. Case No.: 19004407CA
UNITED RENTALS (NORTH AMERICA), INC.
fikia THOMPSON PUMP AND MANUFACTURING
COMPANY, INC. & PERRY NELSON,
Defendants.
FIRST AMENDED COMPLAINT
Plaintiff, EBONEY HOY, sues the Defendants, UNITED RENTALS (NORTH
AMERICA), INC. and PERRY NELSON, and allege the following:
EACTS COMMON TO ALL COUNTS
1. This is an action for damages in excess of $15,000.00 exclusive of costs
and interest.
2. Plaintiff EBONEY HOY is a resident of Panama City located in Bay
County, Florida.
3. Defendant UNITED RENTALS (NORTH AMERICA), INC. is a Florida for-
profit corporation with a principal place of business at 100 First Stamford Place, Suite
700, Stamford, CT 06902 and who has designated Corporation Service Company, as
its registered agent, whose address is 1201 Hays Street, Tallahassee, FL 32301-2525.
4. Defendant PERRY NELSON is an individual who resides in Lynn Haven,
Florida located in Bay County, Florida.
5. This Honorable Court has jurisdiction.
EXHIBIT 'A’0000016. On March 23, 2019, Plaintiff EBONEY HOY was exiting the Wal-Mart
located on Highway 77 in Lynn Haven, Florida located in Bay County.
7. On March 23, 2019, Defendant PERRY NELSON was also exiting the
Wal-Mart in Lynn Haven, Florida with the consent of its owner UNITED RENTALS
(NORTH AMERICA), INC.
8. At that time and place, Defendant PERRY NELSON owed Plaintiff
EBONEY HOY a duty to use reasonable care in the operation and maintenance of the
motor vehicle.
9. At that time and place, Defendant PERRY NELSON failed to stay in his
turning lane while turning onto Highway 77 and breached the duty owed to Plaintiff
EBONEY HOY by negligently operating and/or maintaining the motor vehicle owned by
the Defendant UNITED RENTALS (NORTH AMERICA), INC., so as to allow his motor
vehicle to collide with the vehicle driven by Plaintiff EBONEY HOY.
10. Defendant UNITED RENTALS (NORTH AMERICA), INC. is liable to
Plaintiff EBONEY HOY to the same extent as Defendant PERRY NELSON by virtue of
the dangerous instrumentality doctrine.
COUNT 1 —- NEGLIGENCE BY PERRY NELSON
Plaintiff EBONEY HOY sues Defendant PERRY NELSON and realleges, affirms,
and incorporates Paragraphs 1 through 10 of this Complaint, and further alleges:
11. As a direct and proximate result of the negligence described above,
Plaintiff EBONEY HOY suffered bodily injury and resulting pain and suffering, disability,
disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life,
expense of hospitalization, medical and nursing care and treatment, loss of earnings,
EXHIBIT 'A’000002loss of ability to earn money, and/or aggravation of a previously existing condition.
These losses are either permanent or continuing and Plaintiff EBONEY HOY will
continue to suffer losses in the future.
WHEREFORE, Plaintiff EBONEY HOY demands judgment for damages against
Defendant PERRY NELSON, plus interest, costs, and any other relief the Court deems
just and proper. Plaintiff further demands a trial by jury of all issues so triable in this
action.
COUNT 2 ~ DANGEROUS INSTRUMENTALITY DOCTRINE AGAINST UNITED
RENTALS (NORTH AMERICA), INC.
Plaintiff EBONEY HOY sues Defendant UNITED RENTALS (NORTH AMERICA),
INC. and realleges, affirms, and incorporates Paragraphs 1 through 10 of this
Complaint, and further alleges:
12. Defendant UNITED RENTALS (NORTH AMERICA), INC., as the owner of
the vehicle driven by Defendant PERRY NELSON, is liable for Plaintiff EBONEY HOY’S
bodily injuries and resulting pain and suffering, disability, disfigurement, mental anguish,
inconvenience, loss of capacity for the enjoyment of life, expense of hospitalization,
medical and nursing care and treatment, loss of earnings, loss of ability to earn money,
and/or aggravation of a previously existing condition. These losses are either
permanent or continuing and Plaintiff EBONEY HOY will continue to suffer losses in the
future.
WHEREFORE, Plaintiff EBONEY HOY demands judgment for damages against
Defendant UNITED RENTALS (NORTH AMERICA), INC., plus interest, costs, and any
other relief the Court deems just and proper. Plaintiff further demands a trial by jury of
all issues so triable in this action.
EXHIBIT 'A’000003COUNT 3 — RESPONDEAT SUPERIOR CLAIM AGAINST UNITED RENTALS
(NORTH AMERICA), INC.
Plaintiff EBONEY HOY sues Defendant UNITED RENTALS (NORTH AMERICA),
INC. and realleges, affirms, and incorporates Paragraphs 1 through 10 of this
Complaint, and further alleges:
13. Defendant PERRY NELSON is an employee of Defendant UNITED
RENTALS (NORTH AMERICA), INC. and was working within the course and scope of
his employment when the above-reference negligence took place.
14. Defendant UNITED RENTALS (NORTH AMERICA), INC., as the
employer of Defendant PERRY NELSON, is liable for Plaintiff EBONEY HOY’S bodily
injuries and resulting pain and suffering, disability, disfigurement, mental anguish,
inconvenience, loss of capacity for the enjoyment of life, expense of hospitalization,
medical and nursing care and treatment, loss of earnings, loss of ability to earn money,
and/or aggravation of a previously existing condition. These losses are either
permanent or continuing and Plaintiff EBONEY HOY will continue to suffer losses in the
future.
WHEREFORE, Plaintiff EBONEY HOY demands judgment for damages against
Defendant UNITED RENTALS (NORTH AMERICA), INC., plus interest, costs, and any
other relief the Court deems just and proper. Plaintiff further demands a trial by jury of
all issues so triable in this action.
Respectfully submitted on January 23, 2020.
PERRY & YOUNG, P.A.
By: /s/H. Les McFatter
H. Les McFatter, Esq.
Florida Bar No.: 147362
EXHIBIT 'A’000004Imcfatter@perry-young.com
Phillip Stamman, Esq.
Florida Bar No.: 1010441
pstamman@perry-young.com
200 Harrison Ave
Panama City, FL 32401
Phone: 850-215-7777
Facsimile: 850-215-4777
Attorneys for the Plaintiff
Secondary e-mail addresses:
dcoleman@perry-young.com
eservice@perry-young.com
Complaint
EXHIBIT 'A’000005
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Filing # 102148138 E-Filed 01/23/2020 06:18:20 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA EBONEY HOY Plaintiffs, Vv. CASE NO.: 19004407CA THOMPSON PUMP AND MANUFACTURING COMPANY, INC. & PERRY NELSON Defendants. PLAINTIFF’S UNOPPOSED MOTION FOR LEAVE TO AMEND COMPLAINT Plaintiff, EBONEY HOY,by and through undersigned counsel, hereby moves the Court for Leave to Amend the Complaint in accordance with the attached Stipulation for Leave to Amend Complaint, and states: 1. Plaintiff filed a personal injury lawsuit against Defendant, THOMPSON PUMP AND MANUFACTURING, INC. as a result of a motor vehicle crash that occurred on March 23, 2019. 2. Subsequent to the filing of the lawsuit it was discovered that THOMPSON PUMP AND MANUFACTURING, INC. had been acquired by UNITED RENTALS (NORTH AMERICA), INC.and that such acquisition had taken place prior to the subject motor vehicle crash. 3. Accordingly, UNITED RENTALS (NORTH AMERICA), INC. is the correct party in interest.4. Counsel for Plaintiff and Defendant have conferred and stipulate to Plaintiff having leave to file an Amended Complaint to name UNITED RENTALS (NORTH AMERICA), INC. as the proper Defendant. 5. Because an Answer has been filed by THOMPSON PUMP AND MANUFACTURING, INC.., leave of court is required before such an Amended Complaint may be accepted as filed. WHEREFORE, given the foregoing, Plaintiff requests an Order granting leave to file her Amended Complaint, a copy of which is attached hereto as Exhibit “A”. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by electronic mail through the Florida Courts E-filing Portal to Julio C. Bertemati, Esq., and John C.S. Pierce, Esq., Sirote & Permutt, P.C., 1000 Corporate Drive, Suite 150, Fort Lauderdale, FL 33334 (jpierce@sirote.com; jbertematti@sirote.com; kwilliams@sirote.com; kwillingham@sirote.com) on this 23rd__ day of January 2020. PERRY & YOUNG, P.A. By: /s/H. Les McFatter H. Les McFatter, Esq. Florida Bar No.: 147362 Imcfatter@perry-young.com Phillip Stamman, Esq. Florida Bar No.: 1010441 pstamman@perry-young.com 200 Harrison Ave Panama City, FL 32401 Phone: 850-215-7777 Facsimile: 850-215-4777 Attorneys for the Plaintiff Secondary e-mail addresses: dcoleman@perry-young.com eservice@perry-young.comIN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA EBONEY HOY, Plaintiff, v. Case No.: 19004407CA UNITED RENTALS (NORTH AMERICA), INC. fikia THOMPSON PUMP AND MANUFACTURING COMPANY, INC. & PERRY NELSON, Defendants. FIRST AMENDED COMPLAINT Plaintiff, EBONEY HOY, sues the Defendants, UNITED RENTALS (NORTH AMERICA), INC. and PERRY NELSON, and allege the following: EACTS COMMON TO ALL COUNTS 1. This is an action for damages in excess of $15,000.00 exclusive of costs and interest. 2. Plaintiff EBONEY HOY is a resident of Panama City located in Bay County, Florida. 3. Defendant UNITED RENTALS (NORTH AMERICA), INC. is a Florida for- profit corporation with a principal place of business at 100 First Stamford Place, Suite 700, Stamford, CT 06902 and who has designated Corporation Service Company, as its registered agent, whose address is 1201 Hays Street, Tallahassee, FL 32301-2525. 4. Defendant PERRY NELSON is an individual who resides in Lynn Haven, Florida located in Bay County, Florida. 5. This Honorable Court has jurisdiction. EXHIBIT 'A’0000016. On March 23, 2019, Plaintiff EBONEY HOY was exiting the Wal-Mart located on Highway 77 in Lynn Haven, Florida located in Bay County. 7. On March 23, 2019, Defendant PERRY NELSON was also exiting the Wal-Mart in Lynn Haven, Florida with the consent of its owner UNITED RENTALS (NORTH AMERICA), INC. 8. At that time and place, Defendant PERRY NELSON owed Plaintiff EBONEY HOY a duty to use reasonable care in the operation and maintenance of the motor vehicle. 9. At that time and place, Defendant PERRY NELSON failed to stay in his turning lane while turning onto Highway 77 and breached the duty owed to Plaintiff EBONEY HOY by negligently operating and/or maintaining the motor vehicle owned by the Defendant UNITED RENTALS (NORTH AMERICA), INC., so as to allow his motor vehicle to collide with the vehicle driven by Plaintiff EBONEY HOY. 10. Defendant UNITED RENTALS (NORTH AMERICA), INC. is liable to Plaintiff EBONEY HOY to the same extent as Defendant PERRY NELSON by virtue of the dangerous instrumentality doctrine. COUNT 1 —- NEGLIGENCE BY PERRY NELSON Plaintiff EBONEY HOY sues Defendant PERRY NELSON and realleges, affirms, and incorporates Paragraphs 1 through 10 of this Complaint, and further alleges: 11. As a direct and proximate result of the negligence described above, Plaintiff EBONEY HOY suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, EXHIBIT 'A’000002loss of ability to earn money, and/or aggravation of a previously existing condition. These losses are either permanent or continuing and Plaintiff EBONEY HOY will continue to suffer losses in the future. WHEREFORE, Plaintiff EBONEY HOY demands judgment for damages against Defendant PERRY NELSON, plus interest, costs, and any other relief the Court deems just and proper. Plaintiff further demands a trial by jury of all issues so triable in this action. COUNT 2 ~ DANGEROUS INSTRUMENTALITY DOCTRINE AGAINST UNITED RENTALS (NORTH AMERICA), INC. Plaintiff EBONEY HOY sues Defendant UNITED RENTALS (NORTH AMERICA), INC. and realleges, affirms, and incorporates Paragraphs 1 through 10 of this Complaint, and further alleges: 12. Defendant UNITED RENTALS (NORTH AMERICA), INC., as the owner of the vehicle driven by Defendant PERRY NELSON, is liable for Plaintiff EBONEY HOY’S bodily injuries and resulting pain and suffering, disability, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and/or aggravation of a previously existing condition. These losses are either permanent or continuing and Plaintiff EBONEY HOY will continue to suffer losses in the future. WHEREFORE, Plaintiff EBONEY HOY demands judgment for damages against Defendant UNITED RENTALS (NORTH AMERICA), INC., plus interest, costs, and any other relief the Court deems just and proper. Plaintiff further demands a trial by jury of all issues so triable in this action. EXHIBIT 'A’000003COUNT 3 — RESPONDEAT SUPERIOR CLAIM AGAINST UNITED RENTALS (NORTH AMERICA), INC. Plaintiff EBONEY HOY sues Defendant UNITED RENTALS (NORTH AMERICA), INC. and realleges, affirms, and incorporates Paragraphs 1 through 10 of this Complaint, and further alleges: 13. Defendant PERRY NELSON is an employee of Defendant UNITED RENTALS (NORTH AMERICA), INC. and was working within the course and scope of his employment when the above-reference negligence took place. 14. Defendant UNITED RENTALS (NORTH AMERICA), INC., as the employer of Defendant PERRY NELSON, is liable for Plaintiff EBONEY HOY’S bodily injuries and resulting pain and suffering, disability, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and/or aggravation of a previously existing condition. These losses are either permanent or continuing and Plaintiff EBONEY HOY will continue to suffer losses in the future. WHEREFORE, Plaintiff EBONEY HOY demands judgment for damages against Defendant UNITED RENTALS (NORTH AMERICA), INC., plus interest, costs, and any other relief the Court deems just and proper. Plaintiff further demands a trial by jury of all issues so triable in this action. Respectfully submitted on January 23, 2020. PERRY & YOUNG, P.A. By: /s/H. Les McFatter H. Les McFatter, Esq. Florida Bar No.: 147362 EXHIBIT 'A’000004Imcfatter@perry-young.com Phillip Stamman, Esq. Florida Bar No.: 1010441 pstamman@perry-young.com 200 Harrison Ave Panama City, FL 32401 Phone: 850-215-7777 Facsimile: 850-215-4777 Attorneys for the Plaintiff Secondary e-mail addresses: dcoleman@perry-young.com eservice@perry-young.com Complaint EXHIBIT 'A’000005