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Filing # 99786698 E-Filed 12/04/2019 02:07:03 PM
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
IN AND FOR BAY COUNTY, FLORIDA
EBONEY HOY,
Plaintiff,
V. Case No.: 19004407CA
THOMPSON PUMP AND MANUFACTURING
COMPANY, INC. & PERRY NELSON,
Defendants.
COMPLAINT
Plaintiff, EBONEY HOY, sues the Defendants, THOMPSON PUMP AND
MANUFACTURING COMPANY, INC. and PERRY NELSON, and allege the following:
FACTS COMMON TO ALL COUNTS
1. This is an action for damages in excess of $15,000.00 exclusive of costs and
interest.
2. Plaintiff ERONEY HOY is a resident of Panama City located in Bay County,
Florida.
3. Defendant THOMPSON PUMP AND MANUFACTURING COMPANY, INC. is
a Florida for-profit corporation with a principal place of business at 4620 City Center Drive, Port
Orange, FL 32129 and who has designated William F. Thompson as its registered agent whose
address is 1496 Herbert Street, Port Orange, FL 32129.
4. Defendant PERRY NELSON is an individual who resides in Lynn Haven, Florida
located in Bay County, Florida.
5. This Honorable Court has jurisdiction.
6. On March 23, 2019, Plaintiff EBONEY HOY was exiting the Wal-Mart locatedon 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 THOMPSON PUMP AND
MANUFACTURING COMPANY, 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 Defendant THOMPSON
PUMP AND MANUFACTURING COMPANY, INC., so as to allow his motor vehicle to
collide with the vehicle driven by Plaintiff EBONEY HOY.
10. Defendant THOMPSON PUMP AND MANUFACTURING COMPANY, 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 | 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, loss of ability to earn
money, and/or aggravation of a previously existing condition. These losses are either permanent
or continuing and Plaintiff ERONEY 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 THOMPSON
PUMP AND MANUFACTURING COMPANY, INC.
Plaintiff EBONEY HOY sues Defendant THOMPSON PUMP AND
MANUFACTURING COMPANY, INC. and realleges, affirms, and incorporates Paragraphs 1
through 10 of this Complaint, and further alleges:
12. Defendant THOMPSON PUMP AND MANUFACTURING COMPANY, 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 ERONEY HOY will continue to suffer losses in the future.
WHEREFORE, Plaintiff EBONEY HOY demands judgment for damages against
Defendant THOMPSON PUMP AND MANUFACTURING COMPANY, 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.COUNT 3 — RESPONDEAT SUPERIOR CLAIM AGAINST THOMPSON PUMP AND
MANUFACTURING COMPANY, INC.
Plaintiff EBONEY HOY sues Defendant THOMPSON PUMP AND
MANUFACTURING COMPANY, 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 THOMPSON PUMP
AND MANUFACTURING COMPANY, INC. and was working within the course and scope of
his employment when the above-reference negligence took place.
14. Defendant THOMPSON PUMP AND MANUFACTURING COMPANY, INC.,
as the employer of Defendant PERRY NELSON, is liable for Plaintiff ERONEY 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 THOMPSON PUMP AND MANUFACTURING COMPANY, 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 December 4, 2019.
PERRY & YOUNG, P.A.
By: (/H. Les McFatter
H. Les McFatter, Esq.
Florida Bar No.: 147362
Imcfatter@perry-young.com
Phillip Stamman, Esq.Complaint
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
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Filing # 99786698 E-Filed 12/04/2019 02:07:03 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA EBONEY HOY, Plaintiff, V. Case No.: 19004407CA THOMPSON PUMP AND MANUFACTURING COMPANY, INC. & PERRY NELSON, Defendants. COMPLAINT Plaintiff, EBONEY HOY, sues the Defendants, THOMPSON PUMP AND MANUFACTURING COMPANY, INC. and PERRY NELSON, and allege the following: FACTS COMMON TO ALL COUNTS 1. This is an action for damages in excess of $15,000.00 exclusive of costs and interest. 2. Plaintiff ERONEY HOY is a resident of Panama City located in Bay County, Florida. 3. Defendant THOMPSON PUMP AND MANUFACTURING COMPANY, INC. is a Florida for-profit corporation with a principal place of business at 4620 City Center Drive, Port Orange, FL 32129 and who has designated William F. Thompson as its registered agent whose address is 1496 Herbert Street, Port Orange, FL 32129. 4. Defendant PERRY NELSON is an individual who resides in Lynn Haven, Florida located in Bay County, Florida. 5. This Honorable Court has jurisdiction. 6. On March 23, 2019, Plaintiff EBONEY HOY was exiting the Wal-Mart locatedon 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 THOMPSON PUMP AND MANUFACTURING COMPANY, 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 Defendant THOMPSON PUMP AND MANUFACTURING COMPANY, INC., so as to allow his motor vehicle to collide with the vehicle driven by Plaintiff EBONEY HOY. 10. Defendant THOMPSON PUMP AND MANUFACTURING COMPANY, 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 | 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, loss of ability to earn money, and/or aggravation of a previously existing condition. These losses are either permanent or continuing and Plaintiff ERONEY 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 THOMPSON PUMP AND MANUFACTURING COMPANY, INC. Plaintiff EBONEY HOY sues Defendant THOMPSON PUMP AND MANUFACTURING COMPANY, INC. and realleges, affirms, and incorporates Paragraphs 1 through 10 of this Complaint, and further alleges: 12. Defendant THOMPSON PUMP AND MANUFACTURING COMPANY, 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 ERONEY HOY will continue to suffer losses in the future. WHEREFORE, Plaintiff EBONEY HOY demands judgment for damages against Defendant THOMPSON PUMP AND MANUFACTURING COMPANY, 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.COUNT 3 — RESPONDEAT SUPERIOR CLAIM AGAINST THOMPSON PUMP AND MANUFACTURING COMPANY, INC. Plaintiff EBONEY HOY sues Defendant THOMPSON PUMP AND MANUFACTURING COMPANY, 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 THOMPSON PUMP AND MANUFACTURING COMPANY, INC. and was working within the course and scope of his employment when the above-reference negligence took place. 14. Defendant THOMPSON PUMP AND MANUFACTURING COMPANY, INC., as the employer of Defendant PERRY NELSON, is liable for Plaintiff ERONEY 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 THOMPSON PUMP AND MANUFACTURING COMPANY, 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 December 4, 2019. PERRY & YOUNG, P.A. By: (/H. Les McFatter H. Les McFatter, Esq. Florida Bar No.: 147362 Imcfatter@perry-young.com Phillip Stamman, Esq.Complaint 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