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Filing # 68764791 E-Filed 03/05/2018 09:48:52 AM
IN CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR ORANGE COUNTY, FLORIDA
JEAN DUME, CASE NO.: 2017-CA-007422-O
Plaintiff,
vs.
JONATHAN BURGIEL, SR., and
JONATHAN BURGIEL, JR.,
Defendants.
__________________________________/
AMENDED COMPLAINT
COMES NOW, Plaintiff JEAN DUME, by and through undersigned counsel, and files
this Amended Complaint and states as follows:
1. This is an action for damages in excess of Fifteen Thousand Dollars ($15,000.00),
exclusive of interests, costs and attorney’s fees.
2. At all times material hereto, Plaintiff JEAN DUME (hereinafter referred to as
“Plaintiff”) was a resident of Orange County, Florida, who is over the age of 18 and is sui juris in all
respects.
3. At all times material hereto, Defendant JONATHAN BURGIEL, SR., (hereinafter
referred to as “Defendant BURGIEL SR.”) was a resident of Orange County, Florida who is over the
age of 18 and is sui juris in all respects.
4. At all times material hereto, Defendant JONATHAN BURGIEL, JR., (hereinafter
referred to as “Defendant BURGIEL JR.”) was a resident of Orange County, Florida who is over the
age of 18 and is sui juris in all respects.
5. Venue is proper in Orange County, Florida, as it is the site of the automobile collision
which is the subject of this Complaint.
6. On or about February 11, 2015, and at all time material hereto, Defendant
BURGIEL JR. was operating a motor vehicle, a 2006 Honda Pilot with VIN 5FNYF28546B044901
and identified with Florida tag 154MBU, owned by Defendant BURGIEL SR. with the consent and
permission of Defendant BURGIEL SR., on a public road, namely Conroy Road in Orlando, Orange
County, Florida.
7. At that time and place, Defendant BURGIEL JR., so negligently operated the motor
vehicle that it caused a crash with vehicle operated by Plaintiff.
8. Specifically, Defendant BURGIEL JR. rear-ended the vehicle operated by the
Plaintiff which was stopped due to the traffic ahead.
COUNT I
NEGLIGENCE AS TO
DEFENDANT JONATHAN BURGIEL, JR./DRIVER
9. Plaintiff hereby readopts and incorporates the allegations set forth paragraphs 1
through 8 as if fully set forth herein and further alleges as follows:
10. On February 11, 2015, and at all times material hereto, Defendant BURGIEL JR.,
owed a duty to exercise reasonable care while operating a motor vehicle on the public roadways.
11. Defendant BURGIEL JR. breached his duty to Plaintiff when he negligently operated
the entrusted motor vehicle by failing notice and stop his vehicle thereby striking the motor vehicle
operated by Plaintiff.
12. As a direct and proximate result of the above-referenced negligence, carelessness, and
reckless disregard for the safety of other motorists exhibited by Defendant BURGIEL JR., Plaintiff
suffered bodily injury and resulting pain and suffering, disability, mental anguish, loss of capacity for
the enjoyment of life, expense of hospitalization, medical care and treatment, loss of earnings, and
loss of the ability to earn money. The losses are either permanent or continuing and the Plaintiff will
suffer the losses in the future.
WHEREFORE, Plaintiff, JEAN DUME, demands judgment for personal injuries and
damages against Defendants, JONATHAN BURGIEL, JR., and JONATHAN BURGIEL, SR.,
jointly and severally, and such other relief as this Court deems just and proper, to include but not
limited to all reasonable attorney’s fees and costs; pecuniary and non-pecuniary compensatory
damages for pain, suffering and mental anguish; interest; pre-judgment interest on past due economic
losses; post-judgment interest; and for all other relief available to Plaintiff pursuant to applicable law
and Plaintiff further demands a trial by jury on all issues so triable.
COUNT II
VICARIOUS LIABILITY AS TO
DEFENDANT JONATHAN BURGIEL, SR./OWNER
13. Plaintiff hereby readopts and incorporates the allegations set forth paragraphs 1
through 8 as if fully set forth herein and further alleges as follows:
14. On February 11, 2015, and at all times material hereto, Defendant BURGIEL JR.,
owed a duty to exercise reasonable care while operating a motor vehicle on the public roadways.
15. Defendant BURGIEL JR. breached his duty to Plaintiff when he negligently operated
the entrusted motor vehicle by failing to notice Plaintiff’s vehicle and failing to stop before striking
the rear of the vehicle operated by Plaintiff.
16. On or about February 11, 2105, and at all times material hereto, Defendant BURGIEL
SR. entrusted and consented to the use of the above referenced motor vehicle by Defendant
BURGIEL JR.
17. At all times material to this action, Defendant BURGIEL SR. had a duty to ensure
that individuals who were entrusted to utilize his motor vehicle on the public roads and highways did
so with reasonable care and in compliance with the laws of the State of Florida.
18. Defendant BURGIEL SR. is vicariously liable for the actions, omissions, and
negligence of Defendant BURGIEL JR. as the owner of the at fault vehicle, driven with his
permission and consent.
19. As a direct and proximate result of the above referenced negligence, carelessness and
reckless disregard for safety of other motorists exhibited by Defendant BURGIEL JR., Plaintiff
suffered bodily injury and resulting pain and suffering, disability, mental anguish, loss of capacity for
the enjoyment of life, expense of hospitalization, medical care and treatment, loss of earnings, and
loss of the ability to earn money. The losses are either permanent or continuing, and the Plaintiff will
suffer the losses in the future.
WHEREFORE, Plaintiff, JEAN DUME, demands judgment for personal injuries and
damages against Defendants, JONATHAN BURGIEL, SR., and JONATHAN BURGIEL, JR.,
jointly and severally, and such other relief as this Court deems just and proper, to include but not
limited to all reasonable attorney’s fees and costs; pecuniary and non-pecuniary compensatory
damages for pain, suffering and mental anguish; interest; pre-judgment interest on past due economic
losses; post-judgment interest; and for all other relief available to Plaintiff pursuant to applicable law,
and Plaintiff further demands trial by jury on all issues so triable.
(remainder of page intentionally left blank)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 8 day of November, 2017, a true and correct copy of the
foregoing was filed with the Clerk of the Court by using the Florida Courts e-Filing Portal, which
will send an automatic e-mail message to the following parties registered with the E-Filing Portal
System: Angel J. Lamarre, Esquire.
/s/Riley Cho
RILEY J. CHO, Esq.
Florida Bar No.: 116891
JEREMY L. HOGAN, Esq.
Florida Bar No.: 12578
HOGAN & HOGAN, P.A.
906 East Michigan Street
Orlando, FL 32806
Tel. 407.422.2188
Fax 407.422.3291
rcho@hoganlegal.com
jhogan@hoganlegal.com
scunningham@hoganlegal.com
Attorneys for Plaintiff
Preview
Filing # 68764791 E-Filed 03/05/2018 09:48:52 AM IN CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA JEAN DUME, CASE NO.: 2017-CA-007422-O Plaintiff, vs. JONATHAN BURGIEL, SR., and JONATHAN BURGIEL, JR., Defendants. __________________________________/ AMENDED COMPLAINT COMES NOW, Plaintiff JEAN DUME, by and through undersigned counsel, and files this Amended Complaint and states as follows: 1. This is an action for damages in excess of Fifteen Thousand Dollars ($15,000.00), exclusive of interests, costs and attorney’s fees. 2. At all times material hereto, Plaintiff JEAN DUME (hereinafter referred to as “Plaintiff”) was a resident of Orange County, Florida, who is over the age of 18 and is sui juris in all respects. 3. At all times material hereto, Defendant JONATHAN BURGIEL, SR., (hereinafter referred to as “Defendant BURGIEL SR.”) was a resident of Orange County, Florida who is over the age of 18 and is sui juris in all respects. 4. At all times material hereto, Defendant JONATHAN BURGIEL, JR., (hereinafter referred to as “Defendant BURGIEL JR.”) was a resident of Orange County, Florida who is over the age of 18 and is sui juris in all respects. 5. Venue is proper in Orange County, Florida, as it is the site of the automobile collision which is the subject of this Complaint. 6. On or about February 11, 2015, and at all time material hereto, Defendant BURGIEL JR. was operating a motor vehicle, a 2006 Honda Pilot with VIN 5FNYF28546B044901 and identified with Florida tag 154MBU, owned by Defendant BURGIEL SR. with the consent and permission of Defendant BURGIEL SR., on a public road, namely Conroy Road in Orlando, Orange County, Florida. 7. At that time and place, Defendant BURGIEL JR., so negligently operated the motor vehicle that it caused a crash with vehicle operated by Plaintiff. 8. Specifically, Defendant BURGIEL JR. rear-ended the vehicle operated by the Plaintiff which was stopped due to the traffic ahead. COUNT I NEGLIGENCE AS TO DEFENDANT JONATHAN BURGIEL, JR./DRIVER 9. Plaintiff hereby readopts and incorporates the allegations set forth paragraphs 1 through 8 as if fully set forth herein and further alleges as follows: 10. On February 11, 2015, and at all times material hereto, Defendant BURGIEL JR., owed a duty to exercise reasonable care while operating a motor vehicle on the public roadways. 11. Defendant BURGIEL JR. breached his duty to Plaintiff when he negligently operated the entrusted motor vehicle by failing notice and stop his vehicle thereby striking the motor vehicle operated by Plaintiff. 12. As a direct and proximate result of the above-referenced negligence, carelessness, and reckless disregard for the safety of other motorists exhibited by Defendant BURGIEL JR., Plaintiff suffered bodily injury and resulting pain and suffering, disability, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical care and treatment, loss of earnings, and loss of the ability to earn money. The losses are either permanent or continuing and the Plaintiff will suffer the losses in the future. WHEREFORE, Plaintiff, JEAN DUME, demands judgment for personal injuries and damages against Defendants, JONATHAN BURGIEL, JR., and JONATHAN BURGIEL, SR., jointly and severally, and such other relief as this Court deems just and proper, to include but not limited to all reasonable attorney’s fees and costs; pecuniary and non-pecuniary compensatory damages for pain, suffering and mental anguish; interest; pre-judgment interest on past due economic losses; post-judgment interest; and for all other relief available to Plaintiff pursuant to applicable law and Plaintiff further demands a trial by jury on all issues so triable. COUNT II VICARIOUS LIABILITY AS TO DEFENDANT JONATHAN BURGIEL, SR./OWNER 13. Plaintiff hereby readopts and incorporates the allegations set forth paragraphs 1 through 8 as if fully set forth herein and further alleges as follows: 14. On February 11, 2015, and at all times material hereto, Defendant BURGIEL JR., owed a duty to exercise reasonable care while operating a motor vehicle on the public roadways. 15. Defendant BURGIEL JR. breached his duty to Plaintiff when he negligently operated the entrusted motor vehicle by failing to notice Plaintiff’s vehicle and failing to stop before striking the rear of the vehicle operated by Plaintiff. 16. On or about February 11, 2105, and at all times material hereto, Defendant BURGIEL SR. entrusted and consented to the use of the above referenced motor vehicle by Defendant BURGIEL JR. 17. At all times material to this action, Defendant BURGIEL SR. had a duty to ensure that individuals who were entrusted to utilize his motor vehicle on the public roads and highways did so with reasonable care and in compliance with the laws of the State of Florida. 18. Defendant BURGIEL SR. is vicariously liable for the actions, omissions, and negligence of Defendant BURGIEL JR. as the owner of the at fault vehicle, driven with his permission and consent. 19. As a direct and proximate result of the above referenced negligence, carelessness and reckless disregard for safety of other motorists exhibited by Defendant BURGIEL JR., Plaintiff suffered bodily injury and resulting pain and suffering, disability, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical care and treatment, loss of earnings, and loss of the ability to earn money. The losses are either permanent or continuing, and the Plaintiff will suffer the losses in the future. WHEREFORE, Plaintiff, JEAN DUME, demands judgment for personal injuries and damages against Defendants, JONATHAN BURGIEL, SR., and JONATHAN BURGIEL, JR., jointly and severally, and such other relief as this Court deems just and proper, to include but not limited to all reasonable attorney’s fees and costs; pecuniary and non-pecuniary compensatory damages for pain, suffering and mental anguish; interest; pre-judgment interest on past due economic losses; post-judgment interest; and for all other relief available to Plaintiff pursuant to applicable law, and Plaintiff further demands trial by jury on all issues so triable. (remainder of page intentionally left blank) CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 8 day of November, 2017, a true and correct copy of the foregoing was filed with the Clerk of the Court by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the E-Filing Portal System: Angel J. Lamarre, Esquire. /s/Riley Cho RILEY J. CHO, Esq. Florida Bar No.: 116891 JEREMY L. HOGAN, Esq. Florida Bar No.: 12578 HOGAN & HOGAN, P.A. 906 East Michigan Street Orlando, FL 32806 Tel. 407.422.2188 Fax 407.422.3291 rcho@hoganlegal.com jhogan@hoganlegal.com scunningham@hoganlegal.com Attorneys for Plaintiff