Preview
16-2017-CA-007639-XXXX-MA
CV-D
Filing # 65439362 E-Filed 12/15/2017 09:36:03 AM
IN THE CIRCUIT COURT OF THE
FOURTH JUDICIAL CIRCUIT OF
DUVAL COUNTY, FLORIDA
CASE NO.:
CIVIL DIVISION
OSCAR WILARD HIGHTOWER
Plaintiff,
vs.
EDDIE LEE COLLINS and TINA MARIE OWENSBY,
Defendants.
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, OSCAR WILARD HIGHTOWER, by and through his undersigned attorney,
sues Defendants, EDDIE LEE COLLINS and TINA MARIE OWENSBY, and alleges:
1. This is an action for damages in excess of $15,000.00.
2. That at all times material hereto, Plaintiff, OSCAR WILARD HIGHTOWER, was
and is a resident of Jacksonville, Duval County, Florida.
3. At all times material hereto, Defendants, EDDIE LEE COLLINS and TINA
MARIE OWENSBY, were residents of Jacksonville, Duval County, Florida.
4, At all times material hereto, Plaintiff, OSCAR WILARD HIGHTOWER, was a
pedestrian. .
5. At all times material, the defendant, TINA MARIE OWENSBY, was the owner
of a 2006 Honda Civic, VIN No. 2HGFG11876H583284 that was being operated with her
knowledge and consent by the Defendant, EDDIE LEE COLLINS.
[7717690/1)
ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 12/18/2017 09:01:31 AM6. On or about September 13, 2017 on Normandy Blvd on the eastbound side, in
Jacksonville, Duval County, Florida, Defendant, EDDIE LEE COLLINS, negligently operated
and/or maintained the above said motor vehicle so as to cause a collision with the Plaintiff,
OSCAR WILARD HIGHTOWER, as he was crossing the roadway.
COUNT LNEGLIGENCE OF EDDIE LEE COLLINS
7. Plaintiff hereby realleges all allegations in paragraphs 1 through 6 above as if
fully set forth herein.
8. At all times material hereto, the Defendant, EDDIE LEE COLLINS, owed a duty
to the Plaintiff, OSCAR WILARD HIGHTOWER, to exercise reasonable care in the operation
and control of his vehicle so as not to injure the Plaintiff.
9. At all times material hereto, the Defendant, EDDIE LEE COLLINS, was careless
and negligent and breached the above duty in one or more of the following ways:
a. By failing to properly operate said vehicle so as to avoid a collision with
‘the Plaintiff;
b. By failing to maintain a proper lookout;
c By failing to keep his vehicle under control;
d. By traveling at an excessive rate of speed;
e. By following too closely;
f. By failing to take appropriate evasive action;
g. By negligently maintaining and repairing the vehicle; and
h.’ By driving while distracted.
(7717690/1]10. Asa direct and proximate result of the negligence of the Defendant, EDDIE LEE
COLLINS, the Plaintiff, OSCAR WILARD HIGHTOWER, suffered bodily injury and resulting
pain and suffering, disability, disfigurement, mental anguish, inconvenience, loss of capacity for
the enjoyment of life, expenses of hospitalization, medical and nursing care and treatment, loss
of earnings, loss of ability to earn money and aggravation of a pre-existing condition. The losses
and damages include, but are not limited to, the following:
a. Significant and permanent loss of an important bodily function;
b. Permanent injury within a reasonable degree of medical probability, other
than scarring or disfigurement; and/or
c. Significant and permanent scarring or disfigurement.
These los3es are permanent and continuing and the Plaintiff will suffer the losses in the
future.
WHEREF ‘ORE, Plaintiffs demand judgment for damages against the Defendant and
demands trial by jury of all issues so triable.
COUNT IU VICARIOUS LIABILITY OF TINA MARIE OWENSBY
Plaintiff hereby realleges all allegations in paragraphs 1 through 6 above as if fully set
forth herein.
11. At all times material, the Defendant, EDDIE LEE COLLINS, was operating the
aforementioned vehicle, with the knowledge and consent of the Defendant, TINA MARIE
OWENSBY.
12, At all times material, while operating the aforementioned vehicle with the
permission and consent of the Defendant, TINA MARIE OWENSBY, the Defendant, EDDIE
(7717690/1]LEE COLLINS, was careless and negligent and breached the duty to exercise reasonable care in
one or more of the following ways:
a. By failing to properly operate said vehicle so as to avoid a collision with
the Plaintiff;
b. By failing to maintain a proper lookout;
c. By failing to keep his vehicle under control;
d. By traveling at an excessive rate of speed;
e, By following too closely;
f. By failing to take appropriate evasive action;
g. By negligently maintaining and repairing the vehicle; and
h. By driving while distracted.
13. The Defendant, TINA MARIE OWENSBY, is vicariously liable for the negligent
acts of the Defendant, EDDIE LEE COLLINS, as a permissive driver.
14, As a direct and proximate result of the negligence of the Defendant, the Plaintiff,
OSCAR WILARD HIGHTOWER, suffered bodily injury and resulting pain and suffering,
disability, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of
life, expenses of hospitalization, medical and nursing care and treatment, loss of earnings, loss of
ability to earn money and aggravation of a pre-existing condition. The losses and damages
include, but are not limited to, the following:
a. Significant and permanent loss of an important bodily function;
b. Permanent injury within a reasonable degree of medical probability, other than
scarring or disfigurement; and/or
c. Significant and permanent scarring or disfigurement.
[7717690/1]b. Permanent injury within a reasonable degree of medical probability, other than
scarring or disfigurement; and/or
c. Significant and permanent scarring or disfigurement.
These losses are permanent and continuing and the Plaintiff will suffer the losses in the
future.
WHEREFORE, Plaintiffs demand judgment for damages against the Defendant and
demands trial by jury of all issues so triable.
WHEREFORE, the Plaintiff, OSCAR WILARD HIGHTOWER, demands judgment for
compensatory damages against the Defendants, EDDIE LEE COLLINS and TINA MARIE
OWENSBY, for an amount in excess of $15,000.00, together with costs and demands trial by
jury of all issues so triable.
FARAH & FARAH, P.A.
Andfew-H..Nachman, Esq.
Florida Bar No.: 870470
10 West Adams Street
Jacksonville, FL 32202
904-513-5776 (direct)
904-380-3770 (facsimile)
Attorney for Plaintiff
Primary and Secondary Email Addresses:
ANachman@farahandfarah.com
CGorgia@farahandfarah.com
[7717690/1]
Preview
16-2017-CA-007639-XXXX-MA CV-D Filing # 65439362 E-Filed 12/15/2017 09:36:03 AM IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT OF DUVAL COUNTY, FLORIDA CASE NO.: CIVIL DIVISION OSCAR WILARD HIGHTOWER Plaintiff, vs. EDDIE LEE COLLINS and TINA MARIE OWENSBY, Defendants. COMPLAINT AND DEMAND FOR JURY TRIAL Plaintiff, OSCAR WILARD HIGHTOWER, by and through his undersigned attorney, sues Defendants, EDDIE LEE COLLINS and TINA MARIE OWENSBY, and alleges: 1. This is an action for damages in excess of $15,000.00. 2. That at all times material hereto, Plaintiff, OSCAR WILARD HIGHTOWER, was and is a resident of Jacksonville, Duval County, Florida. 3. At all times material hereto, Defendants, EDDIE LEE COLLINS and TINA MARIE OWENSBY, were residents of Jacksonville, Duval County, Florida. 4, At all times material hereto, Plaintiff, OSCAR WILARD HIGHTOWER, was a pedestrian. . 5. At all times material, the defendant, TINA MARIE OWENSBY, was the owner of a 2006 Honda Civic, VIN No. 2HGFG11876H583284 that was being operated with her knowledge and consent by the Defendant, EDDIE LEE COLLINS. [7717690/1) ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 12/18/2017 09:01:31 AM6. On or about September 13, 2017 on Normandy Blvd on the eastbound side, in Jacksonville, Duval County, Florida, Defendant, EDDIE LEE COLLINS, negligently operated and/or maintained the above said motor vehicle so as to cause a collision with the Plaintiff, OSCAR WILARD HIGHTOWER, as he was crossing the roadway. COUNT LNEGLIGENCE OF EDDIE LEE COLLINS 7. Plaintiff hereby realleges all allegations in paragraphs 1 through 6 above as if fully set forth herein. 8. At all times material hereto, the Defendant, EDDIE LEE COLLINS, owed a duty to the Plaintiff, OSCAR WILARD HIGHTOWER, to exercise reasonable care in the operation and control of his vehicle so as not to injure the Plaintiff. 9. At all times material hereto, the Defendant, EDDIE LEE COLLINS, was careless and negligent and breached the above duty in one or more of the following ways: a. By failing to properly operate said vehicle so as to avoid a collision with ‘the Plaintiff; b. By failing to maintain a proper lookout; c By failing to keep his vehicle under control; d. By traveling at an excessive rate of speed; e. By following too closely; f. By failing to take appropriate evasive action; g. By negligently maintaining and repairing the vehicle; and h.’ By driving while distracted. (7717690/1]10. Asa direct and proximate result of the negligence of the Defendant, EDDIE LEE COLLINS, the Plaintiff, OSCAR WILARD HIGHTOWER, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, expenses of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a pre-existing condition. The losses and damages include, but are not limited to, the following: a. Significant and permanent loss of an important bodily function; b. Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; and/or c. Significant and permanent scarring or disfigurement. These los3es are permanent and continuing and the Plaintiff will suffer the losses in the future. WHEREF ‘ORE, Plaintiffs demand judgment for damages against the Defendant and demands trial by jury of all issues so triable. COUNT IU VICARIOUS LIABILITY OF TINA MARIE OWENSBY Plaintiff hereby realleges all allegations in paragraphs 1 through 6 above as if fully set forth herein. 11. At all times material, the Defendant, EDDIE LEE COLLINS, was operating the aforementioned vehicle, with the knowledge and consent of the Defendant, TINA MARIE OWENSBY. 12, At all times material, while operating the aforementioned vehicle with the permission and consent of the Defendant, TINA MARIE OWENSBY, the Defendant, EDDIE (7717690/1]LEE COLLINS, was careless and negligent and breached the duty to exercise reasonable care in one or more of the following ways: a. By failing to properly operate said vehicle so as to avoid a collision with the Plaintiff; b. By failing to maintain a proper lookout; c. By failing to keep his vehicle under control; d. By traveling at an excessive rate of speed; e, By following too closely; f. By failing to take appropriate evasive action; g. By negligently maintaining and repairing the vehicle; and h. By driving while distracted. 13. The Defendant, TINA MARIE OWENSBY, is vicariously liable for the negligent acts of the Defendant, EDDIE LEE COLLINS, as a permissive driver. 14, As a direct and proximate result of the negligence of the Defendant, the Plaintiff, OSCAR WILARD HIGHTOWER, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, expenses of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a pre-existing condition. The losses and damages include, but are not limited to, the following: a. Significant and permanent loss of an important bodily function; b. Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; and/or c. Significant and permanent scarring or disfigurement. [7717690/1]b. Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement; and/or c. Significant and permanent scarring or disfigurement. These losses are permanent and continuing and the Plaintiff will suffer the losses in the future. WHEREFORE, Plaintiffs demand judgment for damages against the Defendant and demands trial by jury of all issues so triable. WHEREFORE, the Plaintiff, OSCAR WILARD HIGHTOWER, demands judgment for compensatory damages against the Defendants, EDDIE LEE COLLINS and TINA MARIE OWENSBY, for an amount in excess of $15,000.00, together with costs and demands trial by jury of all issues so triable. FARAH & FARAH, P.A. Andfew-H..Nachman, Esq. Florida Bar No.: 870470 10 West Adams Street Jacksonville, FL 32202 904-513-5776 (direct) 904-380-3770 (facsimile) Attorney for Plaintiff Primary and Secondary Email Addresses: ANachman@farahandfarah.com CGorgia@farahandfarah.com [7717690/1]