Filing # 104493089 E-Filed 03/06/2020 03:28:48 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,

SPITZER AUTOWORLD HOMESTEAD, INC.,

Defendant.
______________________________________/

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

the Defendant, SPITZER AUTHOWORLD HOMESTEAD, INC., 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.

2. At all times material hereto, Plaintiff, JUDY ROJO, individually and as Personal

Representatives of the Estate of ANTHONY ROJO DE LEON, a deceased minor, was and is a

resident of Miami-Dade County, Florida and was and is sui juris.

3. At all times material hereto, the Defendant, SPITZER AUTOWORLD

HOMESTEAD, INC., was and is a Florida Profit Corporation which conducted business within

Miami-Dade County, and maintained its principal place of business in Homestead, Florida. They

own and/or conduct business at 30101 South Dixie Highway, Homestead, Florida 33032.
 4. Venue is proper in this Court as the incident giving rise to this litigation occurred

in Miami-Dade County, Florida, and Defendant’s principal place of business is located within

Miami-Dade County.

FACTS GIVING RISE TO CAUSE OF ACTION

5. On or about February 14, 2020, Hanskabell Amargos, an employee of SPITZER

AUTOWORLD HOMESTEAD, INC., operated of a 2019 Dodge Charger, grey in color, vin

number 2C3CDXL91KH522417, (hereinafter the “Dodge Charger”) while traveling in Miami-

Dade County, Florida.

6. At that time and place, the Defendant, SPITZER AUTOWORLD HOMESTEAD,

INC., was the owner of the Dodge Charger and/or had possession and control over the Dodge

Charger.

7. At that time and place, Amargos had the express and/or implied consent of the

Defendant, SPITZER AUTOWORLD HOMESTEAD, INC., to operate the Dodge Charger.

8. At that time and place, Plaintiff, ANTHONY ROJO DE LEON, a minor, was

selling flowers with his family in, or near, the parking lot of a business neighboring SPITZER

AUTOWORLD HOMESTEAD, INC., when HANSKABELL AMARGOS drove the Dodge

Charger into the area where ANTHONY ROJO DE LEON and his family where selling flowers.

The Dodge Charger struck ANTHONY ROJO DE LEON and, that same day, ANTHONY ROJO

DE LEON succumbed to his injuries and died.

 COUNT I:
CLAIM OF VICARIOUS LIABILITY AGAINST
SPITZER AUTOWORLD HOMESTEAD, INC.

Plaintiff, JUDY ROJO, individually and as Personal Representative of the Estate of

ANTHONY ROJO DE LEON, a deceased minor, hereby incorporate and re-allege paragraphs 1

through 8 above as though they had been fully set forth herein and further state:

9. At all times material hereto, Amargos was employed by and/or operating the

Dodge Charger as an actual and/or apparent agent of the Defendant, SPITZER AUTOWORLD

HOMESTEAD, INC., subject to its control in the performance of said operation. Plaintiff, JUDY

ROJO, individually and as Personal Representative of the Estate of ANTHONY ROJO DE

LEON, a deceased minor, justifiably seek relief upon their belief that Amargos was acting within

the Defendant, SPITZER AUTOWORLD HOMESTEAD, INC.’s, authority at the time of the

subject crash.

14. As a direct and proximate result of the aforesaid negligence, Plaintiff,

ANTHONY ROJO DE LEON, a minor, died.

15. As a direct and proximate result of said negligence, and the resulting death of

ANTHONY ROJO DE LEON, SPITZER AUTOWORLD HOMESTEAD, INC. is liable to

Plaintiff for all damages to which is entitled, including but not limited to:

A. Pain and suffering by the survivors;

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

C. Loss of value of life;

D. Funeral and medical expenses; and/or

E. Any and all other damages to which Plaintiff and/or the survivors may be

entitled, and which this Court may find applicable.

 WHEREFORE, Plaintiff, JUDY ROJO, individually and as Personal Representative of

the Estate of ANTHONY ROJO DE LEON, a deceased minor, demand judgment in her favor

against the Defendant, SPITZER AUTOWORLD HOMESTEAD, INC., in excess of the

minimum jurisdictional limits of this Court for compensatory damages, including incidental and

consequential damages, post-judgment interest, costs, and for any other relief this Court deems

just and proper.

COUNT II:
CLAIM OF NEGLIGENT ENTRUSTMENT AGAINST
SPITZER AUTOWORLD HOMESTEAD, INC.,
PURSUANT TO THE DANGEROUS INSTRUMENTALITY DOCTRINE

Plaintiff, JUDY ROJO, individually and as Personal Representative of the Estate of

ANTHONY ROJO DE LEON, a deceased minor, hereby incorporate and re-allege paragraphs 1

through 9 above as though they had been fully set forth herein and further state:

16. At all times material hereto, the Defendant, SPITZER AUTOWORLD

HOMESTEAD, INC., did knowingly permit and entrust its vehicles, including the Dodge

Charger, to Hanskabell Amargos.

17. The Defendant, SPITZER AUTOWORLD HOMESTEAD, INC., knew and/or

had reason to know that by entrusting a vehicle to Hanskabell Amargos, there was an

unreasonable risk of harm to others by virtue of the Amargos’ use of said motor vehicle(s).

18. As a direct and proximate result of said delegation, Plaintiff, ANTHONY ROJO

DE LEON, a minor, died.

19. As a direct and proximate result of said negligence, and the resulting death of

ANTHONY ROJO DE LEON, SPITZER AUTOWORLD HOMESTEAD, INC. is liable to

Plaintiff for all damages to which is entitled, including but not limited to:
 A. Pain and suffering by the survivors;

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

C. Loss of value of life;

D. Funeral and medical expenses; and/or

E. Any and all other damages to which Plaintiff and/or the survivors may be

entitled, and which this Court may find applicable.

WHEREFORE, Plaintiff, JUDY ROJO, individually and as Personal Representative of

the Estate of ANTHONY ROJO DE LEON, a deceased minor, demand judgment in her favor

against the Defendant, SPITZER AUTOWORLD HOMESTEAD, INC., in excess of the

minimum jurisdictional limits of this Court for compensatory damages, including incidental and

consequential damages, post-judgment interest, costs, and for any other relief this Court deems

just and proper.

COUNT III:
CLAIM OF NEGLIGENT HIRING AGAINST
SPITZER AUTOWORLD HOMESTEAD, INC.

Plaintiff, JUDY ROJO, individually and as Personal Representative of the Estate of

ANTHONY ROJO DE LEON, a deceased minor, hereby incorporate and re-allege paragraphs 1

through 9 above as though they had been fully set forth herein and further state:

20. At all times material hereto, the Defendant, SPITZER AUTOWORLD

HOMESTEAD, INC., did knowingly permit and entrust its vehicles, including but not limited

the Dodge Charger, to Hanskabell Amargos.

21. The Defendant, SPITZER AUTOWORLD HOMESTEAD, INC., knew and/or

should have had reason to know, in the exercise of reasonable care, that by hiring Amargos, there
was an unreasonable risk of harm to others by virtue of the Amargos’ criminal past and/or use of

motor vehicle(s).

22. As a direct and proximate result of said delegation, Plaintiff, ANTHONY ROJO

DE LEON, a minor, died.

23. As a direct and proximate result of said negligence, and the resulting death of

ANTHONY ROJO DE LEON, SPITZER AUTOWORLD HOMESTEAD, INC. is liable to

Plaintiff for all damages to which is entitled, including but not limited to:

A. Pain and suffering by the survivors;

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

C. Loss of value of life;

D. Funeral and medical expenses; and/or

E. Any and all other damages to which Plaintiff and/or the survivors may be

entitled, and which this Court may find applicable.

WHEREFORE, Plaintiff, JUDY ROJO, individually and as Personal Representative of

the Estate of ANTHONY ROJO DE LEON, a deceased minor, demand judgment in her favor

against the Defendant, SPITZER AUTOWORLD HOMESTEAD, INC., in excess of the

minimum jurisdictional limits of this Court for compensatory damages, including incidental and

consequential damages, post-judgment interest, costs, and for any other relief this Court deems

just and proper.

 COUNT IV:
CLAIM OF NEGLIGENT RETENTION AGAINST
SPITZER AUTOWORLD HOMESTEAD, INC.

Plaintiffs, JUDY ROJO, individually and as Personal Representative of the Estate of

ANTHONY ROJO DE LEON, a deceased minor, hereby incorporate and re-allege paragraphs 1

through 9 above as though they had been fully set forth herein and further state:

20. At all times material hereto, the Defendant, SPITZER AUTOWORLD

HOMESTEAD, INC., did knowingly permit and entrust its vehicles, including but not limited

the Dodge Charger, to Hanskabell Amargos.

21. The Defendant, SPITZER AUTOWORLD HOMESTEAD, INC., knew and/or

should have had reason to know, in the exercise of reasonable care, that by retaining the

Amargos as an employee, there was an unreasonable risk of harm to others by virtue of the

Amargos’ criminal past and/or use of motor vehicle(s).

22. As a direct and proximate result of said delegation, Plaintiff, ANTHONY ROJO

DE LEON, a minor, died.

23. As a direct and proximate result of said negligence, and the resulting death of

ANTHONY ROJO DE LEON, SPITZER AUTOWORLD HOMESTEAD, INC. is liable to

Plaintiff for all damages to which is entitled, including but not limited to:

A. Pain and suffering by the survivors;

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

C. Loss of value of life;

D. Funeral and medical expenses; and/or

E. Any and all other damages to which Plaintiff and/or the survivors may be

entitled, and which this Court may find applicable.

 WHEREFORE, Plaintiff, JUDY ROJO, individually and as Personal Representative of

the Estate of ANTHONY ROJO DE LEON, a deceased minor, demand judgment in her favor

against the Defendant, SPITZER AUTOWORLD HOMESTEAD, INC., in excess of the

minimum jurisdictional limits of this Court for compensatory damages, including incidental and

consequential damages, post-judgment interest, costs, and for any other relief this Court deems

just and proper.

DEMAND FOR JURY TRIAL

The Plaintiff demands trial by jury on all issues triable as of right by jury.

DATED this 6th day of March, 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 Haggard_ _

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