Complaint Against Driver and Fiat-Chrysler

Filing # 110304048 E-Filed 07/15/2020 04:52:33 PM
IN THE CIRCUIT COURT OF THE 11th

JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.:
JUDY ROJO,
Individually and as Personal
Representative of the Estate of
ANTHONY ROJO DE LEON,
a deceased minor.
Plaintiff,
FCA US LLC,
and
HANSKABELL AMARGOS.
Defendants.
______________________________________/
COMPLAINT
The Plaintiff, JUDY ROJO, individually and as Personal Representative of the Estate of
ANTHONY ROJO DE LEON, a deceased minor, by and through the undersigned attorneys, sue
FCA US LLC and HANSKABELL AMARGOS (hereinafter “Defendants”), and allege:
General Allegations
1. This is an action for damages in excess of Thirty Thousand Dollars ($30,000.00),
exclusive of costs, interest, and attorneys’ fees.
2. The incident giving rise to this Complaint occurred in Miami-Dade County, Florida,
therefore venue is proper in this Court.
3. At all material times, the Defendant, FCA US LLC, was and is a Foreign Limited
Liability Company, which was registered to, and did in fact, conduct business operations
throughout the State of Florida, maintained a registered agent in Miami-Dade County, at 1200
South Pine Island Road, Plantation, FL 33324, and owned the subject Dodge Charger involved in
this incident.
4. At all material times, the Defendant, HANSKABELL AMARGOS, was and is a resident
of Miami-Dade County, Florida.
5. At all material times, Plaintiff, JUDY ROJO, individually and as Personal Representative
of the Estate of ANTHONY ROJO DE LEON, a deceased minor, was and is a resident of
Miami-Dade County, Florida.
6. At the time of his death and at all material times, decedent, ANTHONY ROJO DE
LEON, resided in Miami-Dade County, Florida.
7. At all material times, ANTHONY ROJO DE LEON, decedent, is survived by his parents,
JUDY ROJO and FELIPE DE LEON.
8. On February 14, 2020, ANTHONY ROJO DE LEON, a deceased minor, was selling
flowers with his family in, or near, the parking lot of a business neighboring Spitzer Autoworld
Homestead, Inc., in Homestead, Florida, when HANSKABELL AMARGOS drove a 2019
Dodge Charger, grey in color, vin number 2C3CDXL91KH522417, (hereinafter the “Dodge
Charger”) into the area where ANTHONY ROJO DE LEON and his family where selling
flowers. The Dodge Charger, owned by FCA US LLC, struck ANTHONY ROJO DE LEON
and, that same day, ANTHONY ROJO DE LEON succumbed to his injuries and died.
COUNT I:
CLAIM OF STRICT VICARIOUS LIABILITY AGAINST FCA US LLC
9. Plaintiff re-alleges paragraphs 1 through 8.
10. On or about February 14, 2020, the Defendant, FCA US LLC, gave Spitzer Autoworld
Homestead, Inc., and/or its agents and/or employees, express and/or implied consent to operate
the subject Dodge Charger.

11. At all material times, the Defendant, FCA US LLC, had a non-delegable duty to ensure
the safe operation of at any vehicle it owned, including the subject Dodge Charger. See e.g.,
Aurbach v. Gallina, 753 So.2d 60, 62 (Fla. 2000).
12. At all material times, the Defendant, FCA US LLC, was and is strictly liable for any
injuries caused by the operation of any motor vehicle it owned, including the subject Dodge
Charger. See e.g., Kraemer v. Gen. Motors Acceptance Corp., 572 So.2d 1363, 1365 (Fla. 1990).
13. As a direct and proximate result of the operation of the subject Dodge Charger owned by
FCA US LLC, FCA US LLC is liable to the Plaintiff for all damages to which the Estate and/or
survivors and/or beneficiaries are entitled. Specifically, the decedent’s Estate, beneficiaries, and
his survivors, have suffered and will continue to suffer damages into the future including:
a. The past and future mental pain and suffered of decedent, ANTHONY ROJO
DE LEON’s parents;
b. Lost society, companionship and services of the decedent;
c. Expenses of medical care and funeral arrangements arising from the injury
and death of ANTHONY ROJO DE LEON;
d. Loss of the decedent’s prospective net accumulations;
e. Loss of inheritable estate; and
f. Any and all other damages to which Plaintiff and/or the survivors may be
entitled, and which this Court may find applicable.
WHEREFORE, the Plaintiff, JUDY ROJO, as Personal Representative of the Estate of
ANTHONY ROJO DE LEON, demand judgment against the Defendant, FCA US LLC, for
damages, interest, costs and any further relief to which Plaintiff is entitled under the applicable
law.
COUNT II:
NEGLIGENCE CLAIM AGAINST HANSKABELL AMARGOS
14. Plaintiff re-alleges paragraphs 1 through 8.
15. At all times material hereto, HANSKABELL AMARGOS negligently operated the
subject Dodge Charger, causing the Dodge Charger to collide with ANTHONY ROJO DE
LEON.
16. As a direct and proximate result of the aforesaid negligence, ANTHONY ROJO DE
LEON, a minor, died.
17. As a direct and proximate result of said negligence, and the resulting death of
ANTHONY ROJO DE LEON, HANSKABELL AMARGOS is liable to the Plaintiff for all
damages to which the Estate and/or survivors and/or beneficiaries are entitled. Specifically, the
decedent’s Estate, beneficiaries, and his survivors, have suffered and will continue to suffer
damages into the future including:
a. The past and future mental pain and suffered of decedent, ANTHONY ROJO
DE LEON’s parents;
b. Lost society, companionship and services of the decedent;
c. Expenses of medical care and funeral arrangements arising from the injury
and death of ANTHONY ROJO DE LEON;
d. Loss of the decedent’s prospective net accumulations;
e. Loss of inheritable estate; and
f. Any and all other damages to which Plaintiff and/or the survivors may be
entitled, and which this Court may find applicable.
WHEREFORE, the Plaintiff, JUDY ROJO, as Personal Representative of the Estate of
ANTHONY ROJO DE LEON, demand judgment against the Defendant, HANSKABELL

AMARGOS, for damages, interest, costs and any further relief to which Plaintiff is entitled
under the applicable law.
DEMAND FOR JURY TRIAL
The Plaintiff demands trial by jury on all issues triable as of right by jury.
DATED this 15th day of July, 2020.
THE HAGGARD LAW FIRM, P.A.

330 Alhambra Circle, 1st Fl.
Coral Gables, FL 33134
Telephone (305) 446 5700
Fax: (305) 446 1154
By: s/ Michael A. Haggard_ _

MICHAEL A. HAGGARD, ESQ.
Florida Bar Number: 73776
MAH@HaggardLawFirm.com
SFernandez@HaggardLawFirm.com
ADAM FINKEL, ESQ.
Florida Bar Number: 101505
ACF@HaggardLawFirm.com
APortell@HaggardLawFirm.com

Complaint Against Driver and Fiat-Chrysler

Uploaded by

Copyright:

Available Formats

Complaint Against Driver and Fiat-Chrysler

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Complaint Against Driver and Fiat-Chrysler

Uploaded by

Copyright:

Available Formats

What is the case about?

What is the case about?

What claims are being made against each defendant?

What claims are being made against each defendant?

Filing # 110304048 E-Filed 07/15/2020 04:52:33 PM

IN THE CIRCUIT COURT OF THE 11th

FCA US LLC and HANSKABELL AMARGOS (hereinafter “Defendants”), and allege:

1. This is an action for damages in excess of Thirty Thousand Dollars ($30,000.00),

exclusive of costs, interest, and attorneys’ fees.

therefore venue is proper in this Court.

of Miami-Dade County, Florida.

Miami-Dade County, Florida.

LEON, resided in Miami-Dade County, Florida.

JUDY ROJO and FELIPE DE LEON.

Homestead, Inc., in Homestead, Florida, when HANSKABELL AMARGOS drove a 2019

9. Plaintiff re-alleges paragraphs 1 through 8.

the subject Dodge Charger.

Aurbach v. Gallina, 753 So.2d 60, 62 (Fla. 2000).

b. Lost society, companionship and services of the decedent;

and death of ANTHONY ROJO DE LEON;

d. Loss of the decedent’s prospective net accumulations;

e. Loss of inheritable estate; and

entitled, and which this Court may find applicable.

WHEREFORE, the Plaintiff, JUDY ROJO, as Personal Representative of the Estate of

14. Plaintiff re-alleges paragraphs 1 through 8.

LEON, a minor, died.

damages into the future including:

b. Lost society, companionship and services of the decedent;

and death of ANTHONY ROJO DE LEON;

d. Loss of the decedent’s prospective net accumulations;

e. Loss of inheritable estate; and

entitled, and which this Court may find applicable.

WHEREFORE, the Plaintiff, JUDY ROJO, as Personal Representative of the Estate of

ANTHONY ROJO DE LEON, demand judgment against the Defendant, HANSKABELL

under the applicable law.

DEMAND FOR JURY TRIAL

DATED this 15th day of July, 2020.

THE HAGGARD LAW FIRM, P.A.

By: s/ Michael A. Haggard_ _

You might also like

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.