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Case Number: CACE-19-026009 Division: 03
Filing # 100597883 E-Filed 12/19/2019 03:18:05 PM
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CASE NO.:
CHANDLER JEAN BAPTISTE,
Plaintiff,
vs.
CITY OF SUNRISE,
Defendants.
/
COMPLAINT FOR DAMAGES
The Plaintiff, CHANDLER JEAN BAPTISTE, by and through his undersigned attorney,
sues the Defendant, CITY OF SUNRISE, and alleges as follows:
1. That this is an action for damages in excess of Fifteen Thousand ($15,000.00)
Dollars.
2. That at all times material hereto, the Plaintiff, CHANDLER JEAN BAPTISTE,
was a resident of BROWARD County, Florida and is otherwise sui juris.
3. That at all times material hereto, the Defendant, CITY OF SUNRISE, was a
political sub-division of the State of Florida, conducting business in Broward County, Florida.
4. At all times material hereto the Defendant, CITY OF SUNRISE, was and is a political
subdivision or agency of Broward County, Florida engaging in activity more particularly
described below. The activity is an operational level of decision making within the Defendant.
Since this activity does not involve discretionary government functions, the Defendant is not
immune from tort liability. Thus, in accordance with Article X, Section 13 of the Florida
Constitution, the Defendant waives sovereign immunity from liability for tort.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/19/2019 03:18:03 PM.****5. Plaintiff has complied with the notice requirement of Fla. Stat. §768.28 (exhibits A, B
correspondence sent Certified Mail/Return Receipt Accepted)
6. At all times material hereto, CITY OF SUNRISE, had an ownership, rental, bailment
or leasehold interest in a 2008 Ford vehicle (“the vehicle”) with Vehicle Identification number
1FMEU63868UA88650.
7. At all relevant times to this action, Frank Anthony Otello was an employee, agent,
servant and/or independent contractor of Defendant CITY OF SUNRISE and was acting within
the course and scope of that relationship.
8. At all times material to this action and at the time of the incident complained of, the
CITY OF SUNRISE’S employee, Frank Anthony Otello, cperated the subject vehicle described
in the complaint.
COUNT I-NEGLIGENCE AGAINST CITY OF SUNRISE
9. That on or about 08/22/2018, Defendant, CITY OF SUNRISE owned a vehicle
which was in the possession, custody and control of Defendant’s employee, Frank Anthony
Otello.
10. That CITY OF SUNRISE’S employee, Frank Anthony Otello had the implied
and/or expressed consent of CITY OF SUNRISE on or about 08/22/2018 to operate said vehicle
owned by CITY OF SUNRISE.
11. That on or about 08/22/2018, Defendant CITY OF SUNRISE’S employee Frank
Anthony Otello operated the motor vehicle, owned by Defendant, CITY OF SUNRISE, at or
near the intersection of Royal Palm Boulevard and Parkside Avenue in Margate, BROWARD
County, Florida.12. That at the aforesaid time and place, Defendant’s employee Frank Anthony Otello
owed Plaintiff and the general public a duty to operate the vehicle operated by CITY OF
SUNRISE in a reasonable and safe manner and Frank Anthony Otello breached said duty by:
a. Negligently attempting a left turn without assuring that the area was clear of traffic
and struck Plaintiff's vehicle;
b. Negligently turned turn into Plaintiff's path and struck Plaintiffs vehicle;
c. Negligently operating his vehicle in an unsafe manner and struck Plaintiff's
vehicle;
d. Negligently failing to keep a proper lookout and struck Plaintiff’s vehicle;
e. Negligently failing to abide by a traffic control device and struck Plaintiff's
vehicle.
13. That as a direct and proximate result of Defendant, CITY OF SUNRISE’s,
aforesaid negligence, Plaintiff, CHANDLER JEAN BAPTISTE, suffered bodily injury and
resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the
enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of
earnings, and loss of ability to earn money. The losses are either permanent or continuing, and
Plaintiff will suffer the losses in the future.
WHEREFORE, Plaintiff, CHANDLER JEAN BAPTISTE, demands judgment against
the Defendant, CITY OF SUNRISE, for compensatory damages in excess of Fifteen Thousand
($15,000.00) Dollars, in addition to taxable costs. Plaintiff further demands trial by jury on all
issues so triable as of right by jury.
DATED this 19" day of December, 2019.MILLER LAW GROUP, P.A.
1937 East Atlantic Boulevard, Suite 204
Pompano Beach, Florida 33060
Telephone: (954)972-8011
Telefax: (954)782-3636
Primary E-Mail: litigation@millerlaw.legal
/s/ Mohammed Haider
By:
MOHAMMED HAIDER
Florida Bar No. 1003274EXHIBIT
he(MILLER LAW GROUP
1937 E. Atlantic Boulevard, Suite 204 «Pompano Beach, Florida 33060
Tel. 954.972.8011 - Fax: 954.782.3636
October 03, 2019
CERTIFIED MAIL —- RETURN
RECEIPT REQUESTED
Article No.: 7015-0640-0002-0705-0474
Office of the City Attorney
ATTN: Risk Management
10770 West Oakland Park Blvd.
Sunrise, FL 33351
RE: Case Style : Chandler Jean Baptiste v. City of Sunrise
Date of Accident : August 22, 2018
Claim No. : VA2018092123
Written Notice of Tort Action Pursuant to F.S. 768.26 (6)
To Whom It May Concern:
Please be advised that this firm has been retained to represent Mr. Chandler Jean Baptiste for
injuries sustained due to the negligence, errors, or omissions of your employees, agents, or
representatives at City of Sunrise, Broward County, Florida. Further, please deem this letter as
formal notice pursuant to Florida Statute Section 768.28 that Mr. Jean Baptiste is making this claim
against City of Sunrise.
On August 22", 2018, at approximately 1:37 p.m., Mr. Jean Baptiste was traveling eastbound on
Royal Palm Boulevard approaching the intersection with Parkside Avenue when your agent,
employee or servant disregarded a posted stop sign and struck Mr. Jean Baptiste’s vehicle. Mr.
Jean Baptiste suffered injuries to his face, neck, and back. He has incurred over $56,854.30 in
unpaid medical bills which was provided to Ms. Jocelyn Kiss at Florida Municipal Insurance trust
on June 27", 2019. To date, a reasonable offer of settlement has not been extended.
Pursuant to Florida Statute Section 768.28(6)(c), please be advised that Mr. Jean Baptiste was born
on 11/15/1994. Mr. Jean Baptiste’s Social Security Number is NE. Further, there are no
prior adjudicated unpaid claims in excess of $200.00 regarding this incident. Upon receipt of this
letter, please contact me so that we may discuss this claim in greater detail.
Thank you for your anticipated cooperation.Very truly yours,
Mohammed Haider, Esq.
MH:es
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“RB”eq MILLER LAW GROUP
1937 E. Atlantic Boulevard, Suite 204 «Pompano Beach, Florida 33060
Tel. 954.972.8011 « Fax: 954.782.3636
December 09, 2019
CERTIFIED MAIL —- RETURN
RECEIPT REQUESTED
Article No.: 7015-0640-0002-0705-2263
Florida's Department of financial services
200 E. Gaines St.
Tallahassee, FL 32399
RE: Case Style : Chandler Jean Baptiste v. City of Sunrise
Date of Accident : August 22, 2018
Claim No. + VA2018092123
Written Notice of Tort Action Pursuant to F.S. 768.26 (6)
To Whom It May Concern:
Please be advised that this firm has been retained to represent Mr. Chandler Jean Baptiste for
injuries sustained due to the negligence, errors, or omissions of your employees, agents, or
representatives at City of Sunrise, Broward County, Florida. Further, please deem this letter as
formal notice pursuant to Florida Statute Section 768.28 that Mr. Jean Baptiste is making this claim
against City of Sunrise.
On August 22", 2018, at approximately 1:37 p.m., Mr. Jean Baptiste was traveling eastbound on
Royal Palm Boulevard approaching the intersection with Parkside Avenue when your agent,
employee or servant disregarded a posted stop sign and struck Mr. Jean Baptiste’s vehicle. Mr.
Jean Baptiste suffered injuries to his face, neck, and back. He has incurred over $56,854.30 in
unpaid medical bills which was provided to Ms. Jocelyn Kiss at Florida Municipal Insurance trust
on June 27", 2019. To date, a reasonable offer of settlement has not been extended.
Pursuant to Florida Statute Section 768.28(6)(c), please be advised that Mr. Jean Baptiste was born
on 11/15/1994. Mr. Jean Baptiste’s Social Security Number is MEN. Further, there are no
prior adjudicated unpaid claims in excess of $200.00 regarding this incident. Upon receipt of this
letter, please contact me so that we may discuss this claim in greater detail.
Thank you for your anticipated cooperation.
Very truly yours,Mohammed Haider, Esq.
MH:es
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Preview
Case Number: CACE-19-026009 Division: 03 Filing # 100597883 E-Filed 12/19/2019 03:18:05 PM IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CHANDLER JEAN BAPTISTE, Plaintiff, vs. CITY OF SUNRISE, Defendants. / COMPLAINT FOR DAMAGES The Plaintiff, CHANDLER JEAN BAPTISTE, by and through his undersigned attorney, sues the Defendant, CITY OF SUNRISE, and alleges as follows: 1. That this is an action for damages in excess of Fifteen Thousand ($15,000.00) Dollars. 2. That at all times material hereto, the Plaintiff, CHANDLER JEAN BAPTISTE, was a resident of BROWARD County, Florida and is otherwise sui juris. 3. That at all times material hereto, the Defendant, CITY OF SUNRISE, was a political sub-division of the State of Florida, conducting business in Broward County, Florida. 4. At all times material hereto the Defendant, CITY OF SUNRISE, was and is a political subdivision or agency of Broward County, Florida engaging in activity more particularly described below. The activity is an operational level of decision making within the Defendant. Since this activity does not involve discretionary government functions, the Defendant is not immune from tort liability. Thus, in accordance with Article X, Section 13 of the Florida Constitution, the Defendant waives sovereign immunity from liability for tort. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/19/2019 03:18:03 PM.****5. Plaintiff has complied with the notice requirement of Fla. Stat. §768.28 (exhibits A, B correspondence sent Certified Mail/Return Receipt Accepted) 6. At all times material hereto, CITY OF SUNRISE, had an ownership, rental, bailment or leasehold interest in a 2008 Ford vehicle (“the vehicle”) with Vehicle Identification number 1FMEU63868UA88650. 7. At all relevant times to this action, Frank Anthony Otello was an employee, agent, servant and/or independent contractor of Defendant CITY OF SUNRISE and was acting within the course and scope of that relationship. 8. At all times material to this action and at the time of the incident complained of, the CITY OF SUNRISE’S employee, Frank Anthony Otello, cperated the subject vehicle described in the complaint. COUNT I-NEGLIGENCE AGAINST CITY OF SUNRISE 9. That on or about 08/22/2018, Defendant, CITY OF SUNRISE owned a vehicle which was in the possession, custody and control of Defendant’s employee, Frank Anthony Otello. 10. That CITY OF SUNRISE’S employee, Frank Anthony Otello had the implied and/or expressed consent of CITY OF SUNRISE on or about 08/22/2018 to operate said vehicle owned by CITY OF SUNRISE. 11. That on or about 08/22/2018, Defendant CITY OF SUNRISE’S employee Frank Anthony Otello operated the motor vehicle, owned by Defendant, CITY OF SUNRISE, at or near the intersection of Royal Palm Boulevard and Parkside Avenue in Margate, BROWARD County, Florida.12. That at the aforesaid time and place, Defendant’s employee Frank Anthony Otello owed Plaintiff and the general public a duty to operate the vehicle operated by CITY OF SUNRISE in a reasonable and safe manner and Frank Anthony Otello breached said duty by: a. Negligently attempting a left turn without assuring that the area was clear of traffic and struck Plaintiff's vehicle; b. Negligently turned turn into Plaintiff's path and struck Plaintiffs vehicle; c. Negligently operating his vehicle in an unsafe manner and struck Plaintiff's vehicle; d. Negligently failing to keep a proper lookout and struck Plaintiff’s vehicle; e. Negligently failing to abide by a traffic control device and struck Plaintiff's vehicle. 13. That as a direct and proximate result of Defendant, CITY OF SUNRISE’s, aforesaid negligence, Plaintiff, CHANDLER JEAN BAPTISTE, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, and loss of ability to earn money. The losses are either permanent or continuing, and Plaintiff will suffer the losses in the future. WHEREFORE, Plaintiff, CHANDLER JEAN BAPTISTE, demands judgment against the Defendant, CITY OF SUNRISE, for compensatory damages in excess of Fifteen Thousand ($15,000.00) Dollars, in addition to taxable costs. Plaintiff further demands trial by jury on all issues so triable as of right by jury. DATED this 19" day of December, 2019.MILLER LAW GROUP, P.A. 1937 East Atlantic Boulevard, Suite 204 Pompano Beach, Florida 33060 Telephone: (954)972-8011 Telefax: (954)782-3636 Primary E-Mail: litigation@millerlaw.legal /s/ Mohammed Haider By: MOHAMMED HAIDER Florida Bar No. 1003274EXHIBIT he(MILLER LAW GROUP 1937 E. Atlantic Boulevard, Suite 204 «Pompano Beach, Florida 33060 Tel. 954.972.8011 - Fax: 954.782.3636 October 03, 2019 CERTIFIED MAIL —- RETURN RECEIPT REQUESTED Article No.: 7015-0640-0002-0705-0474 Office of the City Attorney ATTN: Risk Management 10770 West Oakland Park Blvd. Sunrise, FL 33351 RE: Case Style : Chandler Jean Baptiste v. City of Sunrise Date of Accident : August 22, 2018 Claim No. : VA2018092123 Written Notice of Tort Action Pursuant to F.S. 768.26 (6) To Whom It May Concern: Please be advised that this firm has been retained to represent Mr. Chandler Jean Baptiste for injuries sustained due to the negligence, errors, or omissions of your employees, agents, or representatives at City of Sunrise, Broward County, Florida. Further, please deem this letter as formal notice pursuant to Florida Statute Section 768.28 that Mr. Jean Baptiste is making this claim against City of Sunrise. On August 22", 2018, at approximately 1:37 p.m., Mr. Jean Baptiste was traveling eastbound on Royal Palm Boulevard approaching the intersection with Parkside Avenue when your agent, employee or servant disregarded a posted stop sign and struck Mr. Jean Baptiste’s vehicle. Mr. Jean Baptiste suffered injuries to his face, neck, and back. He has incurred over $56,854.30 in unpaid medical bills which was provided to Ms. Jocelyn Kiss at Florida Municipal Insurance trust on June 27", 2019. To date, a reasonable offer of settlement has not been extended. Pursuant to Florida Statute Section 768.28(6)(c), please be advised that Mr. Jean Baptiste was born on 11/15/1994. Mr. Jean Baptiste’s Social Security Number is NE. Further, there are no prior adjudicated unpaid claims in excess of $200.00 regarding this incident. Upon receipt of this letter, please contact me so that we may discuss this claim in greater detail. Thank you for your anticipated cooperation.Very truly yours, Mohammed Haider, Esq. MH:es Page 2 of 2oS) oj] Bd 5 010) =) 8 aa man eg [hey cc) 109 9 (0), @ Complete items 1, 2, and 3. @ Print your name and address on the reverse so that we can return the card to you. @ Attach this card to the back of the mailpiece, or on the front if space permits. (oxo) ] a) elt cial a [pols] = Ong (6) 0) (7 ost) 5) 4 O Addressee C. Date of Delivery 1. Article Addressed to: N OFFICE Ge pre cord AMIENS Rein RaSnK mangemedr iO7 DH fuest Garand York eWwa Sonne, FL 3335) D. Is delivery address different from item 1? [1 Yes \f YES, enter delivery address below: (No PARROT RC AC 9590 9401 0067 5168 9337 75 3, Service Type Cl Priority Mail Express® Adult Signature Cl Registered Mail™ CLAdult Signature Restricted Delivery C Registered Mail Restrictec Certified Mail® Delivery © Certified Mail Restricted Delivery O Return Receipt for C1] Collect on Delivery Merchandise 2. Article Number (Transfer from service label) © Collect on Delivery Restricted Delivery © Signature Confirmation™ * Mail 0 Signature Confirmation 7015 Ob40 Oo02 o705 o474 Mal Restcted Detvery Restricted Delivery PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt$¢ 2EEb PITS 2900 TOhb ObSE 5 4 GY \ awe , ak #ONDMOVELL SdSn dnows Mv USTAIN fof OSP9|q EPUas eX0q SIU} Ul gh+dIZ pue ‘sseuppe ‘eweu JN OL-D ON WU Sdsn pleg sea 9 abejsog [le ssejo-}sul4 | | | SOIAYAS WLSOd SALVLS GALINAEXHIBIT “RB”eq MILLER LAW GROUP 1937 E. Atlantic Boulevard, Suite 204 «Pompano Beach, Florida 33060 Tel. 954.972.8011 « Fax: 954.782.3636 December 09, 2019 CERTIFIED MAIL —- RETURN RECEIPT REQUESTED Article No.: 7015-0640-0002-0705-2263 Florida's Department of financial services 200 E. Gaines St. Tallahassee, FL 32399 RE: Case Style : Chandler Jean Baptiste v. City of Sunrise Date of Accident : August 22, 2018 Claim No. + VA2018092123 Written Notice of Tort Action Pursuant to F.S. 768.26 (6) To Whom It May Concern: Please be advised that this firm has been retained to represent Mr. Chandler Jean Baptiste for injuries sustained due to the negligence, errors, or omissions of your employees, agents, or representatives at City of Sunrise, Broward County, Florida. Further, please deem this letter as formal notice pursuant to Florida Statute Section 768.28 that Mr. Jean Baptiste is making this claim against City of Sunrise. On August 22", 2018, at approximately 1:37 p.m., Mr. Jean Baptiste was traveling eastbound on Royal Palm Boulevard approaching the intersection with Parkside Avenue when your agent, employee or servant disregarded a posted stop sign and struck Mr. Jean Baptiste’s vehicle. Mr. Jean Baptiste suffered injuries to his face, neck, and back. He has incurred over $56,854.30 in unpaid medical bills which was provided to Ms. Jocelyn Kiss at Florida Municipal Insurance trust on June 27", 2019. To date, a reasonable offer of settlement has not been extended. Pursuant to Florida Statute Section 768.28(6)(c), please be advised that Mr. Jean Baptiste was born on 11/15/1994. Mr. Jean Baptiste’s Social Security Number is MEN. Further, there are no prior adjudicated unpaid claims in excess of $200.00 regarding this incident. Upon receipt of this letter, please contact me so that we may discuss this claim in greater detail. Thank you for your anticipated cooperation. Very truly yours,Mohammed Haider, Esq. MH:es Page 2 of 229 2556 #915 2900 TOhb ObSb IIMA #ONDIDWALSdSN SESE viata aN ogose Td ‘yoeeg oueduiog dnows M1 pieaainog Suey 3sey LEGL X0q SIU} Ul gy+dIZ pue ‘ssouppe ‘eweu INO ud eseelq UApuag » 0 A Ag ap ern| Oz suns yaTa bef ‘ OL-9 ‘ON Huag 7 c sdsn Pied see4 9 ebeysog ; : a WHEW sseiQ-su15 | | | BOIS WLSOd SAlvVlS aauinn 1 ace 66ETE Td “PasseUeTEL yang SouleD “Y 00Z SOdIAIag [eIoUBUT,] Jo JuoUNedaq s,epLtoyy OS0EE3009 diZWOUS OF IV SwRET GLOZ 60 O30 LeSeGso000 Pathe ; ab 20 Be E422 so . 008°900$ g 20 2000 ohso sto ogoee 74 ‘youeg eed a ae 98 pienginog onueny sey ZE6) esau dNOYS MYT NIT ba NE TTT eT ea ee