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Complaint - Defendant Failed to Yield Right of Way

IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA

CASE NO. xx-xxxx-xx

MAUREEN E., individually,
and MAUREEN E. as
parent and natural guardian of  
JANEL E., a minor,
 Plaintiff,

 vs.

BUDGET RENT A CAR SYSTEM, INC.,
NEVER REST, INC., and STEPHEN H.,
                          
 Defendants.
_________________________________/

COMPLAINT

The Plaintiffs, MAUREEN E., individually, and MAUREEN E. as parent and natural guardian of  JANEL E., a minor, sue the Defendants, BUDGET RENT A CAR SYSTEM, INC. (hereinafter “BUDGET”), NEVER REST, INC., and STEPHEN  H., and allege:

1.  This is an action for damages in excess of $15,000.00, for each of the Plaintiffs, exclusive of interest, costs and attorney’s fees.

COUNT I – NEGLIGENCE CLAIM OF MAUREEN E.

2.  On or about October 27, 2000, the Defendant, BUDGET, was the owner of a motor vehicle which was leased by NEVER REST, INC., or by STEPHEN H., and was driven by STEPHEN H. while in the course and scope of his employment with NEVER REST, INC., at the intersection of South Federal Highway and Davie Boulevard in Fort Lauderdale, Broward County, Florida.

3. At that time and place, STEPHEN H. was negligent in the operation of the vehicle, causing it to collide with the vehicle which MAUREEN E. was driving, in that:

 a. STEPHEN H. failed to yield the right of way; and

 b. STEPHEN H. failed to observe surrounding conditions; and

 c. STEPHEN H. was traveling at a speed which was excessive under the circumstances.

4. As a result of the negligence of the Defendant, STEPHEN H., for which Co-Defendants, NEVER REST and BUDGET, are liable, Plaintiff, MAUREEN E., suffered permanent bodily injury and resulting pain and suffering, disability, physical impairment, disfigurement, mental anguish, 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 permanent aggravation of a pre-existing condition.   As the injuries are permanent, Plaintiff, MAUREEN E., will continue to suffer damages in the future.

WHEREFORE Plaintiff, MAUREEN E., demands judgment for compensatory damages against Defendants and further demands a trial by jury of all issues so triable.

COUNT II – NEGLIGENCE CLAIM OF JANEL E.

The Plaintiff, MAUREEN E., as parent and natural guardian of JANEL E., sues the Defendants, BUDGET RENT A CAR SYSTEM, INC., NEVER REST, INC., and STEPHEN H., and alleges:

5. JANEL E. is the minor child of MAUREEN E.

6. On or about October 27, 2000, the Defendant, BUDGET, was the owner of a motor vehicle which was leased by NEVER REST, INC., or STEPHEN H., and was driven by HOYT while in the course and scope of his employment with NEVER REST, INC., at the intersection of South Federal Highway and Davie Boulevard in Fort Lauderdale, Broward County, Florida.

7. At that time and place, STEPHEN H. was negligent in the operation of the vehicle, causing it to collide with the vehicle which JANEL EDWARDS was riding as a passenger in that:

 a. STEPHEN H. failed to yield the right of way; and

 b. STEPHEN H. failed to observe surrounding conditions; and

 c. STEPHEN H. was traveling at a speed which was excessive under the circumstances.

8. As a result of the negligence of STEPHEN H. , for which Defendant, NEVER REST, INC., is liable, Plaintiff, JANEL E., suffered permanent bodily injury and resulting pain and suffering, disability, physical impairment, disfigurement, mental anguish, 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 permanent aggravation of a pre-existing condition.   As the injuries are permanent, Plaintiff, JANEL E., will continue to suffer damages in the future.

WHEREFORE Plaintiff, JANEL E., demands judgment for compensatory damages against the Defendants and further demands a trial by jury of all issues so triable.
 
Alan D. Sackrin
Attorney for Plaintiff(s)
2100 East Hallandale Beach Blvd.
Suite 200
Hallandale Beach, FL  33009
Telephone:  (954) 458-8655
By______________________________
ALAN D. SACKRIN    
Florida Bar No. 349070    

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