Mears Destination Services Complaint

Filing # 145392244 E-Filed 03/09/2022 03:15:41 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL

CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA
CASE NO:
DANNIELLE JONES,
INDIVIDUALLY, AS PERSONAL
REPRESENTATIVE OF THE
ESTATE OF LAWRENCE JONES,
DECEASED, AND AS PARENT AND
NATURAL GUARDIAN OF Z.J. AND
A.J., MINORS,
Plaintiff,
vs.
RAPUNZEL SOPHIA DESIRE

NELSON AND MEARS
DESTINATION SERVICES, INC.,
Defendants. /
COMPLAINT
Plaintiff, DANNIELLE JONES, INDIVIDUALLY, AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF LAWRENCE JONES, DECEASED, AND AS
PARENT AND NATURAL GUARDIAN OF Z.J. AND A.J., MINORS, sues Defendants,
RAPUNZEL SOPHIA DESIRE NELSON AND MEARS DESTINATION SERVICES, INC.,
and states as follows:
JURISDICTION AND VENUE
1. This is an action for damages that exceeds the sum of ONE HUNDRED
THOUSAND DOLLARS ($100,000.00), exclusive of costs, interest and attorneys’ fees (The
estimated value of Plaintiff’s claim is in excess of the minimum jurisdictional threshold required by
this Court). Accordingly, Plaintiff has entered “$100,000” in the civil cover sheet for the “estimated
1
amount of the claim” as required in the preamble to the civil cover sheet for jurisdictional purposes
only (the Florida Supreme Court has ordered that the estimated “amount of claim” be set forth in the
civil cover sheet for data collection and clerical purposes only). The actual value of Plaintiff’s claim
will be determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const.
2. Venue is proper in Orange County, Florida, since this is where the subject crash
occurred.
3. At all relevant times, Plaintiff, DANNIELLE JONES, INDIVIDUALLY, AS
PERSONAL REPRESENTATIVE OF THE ESTATE OF LAWRENCE JONES, DECEASED,
AND AS PARENT AND NATURAL GUARDIAN OF Z.J. AND A.J., MINORS was a resident
of Orlando, Orange County, Florida.
4. Plaintiff, DANNIELLE JONES, is the duly appointed, qualified and acting Personal
Representative of the Estate of LAWRENCE JONES, deceased. A copy of the Death Certificate, Letters
of Administration and Order Appointing Personal Representative are attached hereto as Exhibit 1, Exhibit
2 and Exhibit 3, respectively.
5. The potential beneficiaries of the recovery in this action are:
NAME ADDRESS RELATIONSHIP AGE
Dannielle Jones 11108 Grand Pines Cir. Apt 326 Spouse and 28
Orlando, FL 32821 Personal Representative
L.J., Jr. 3736 19th Ave., #6H Son of decedent 13

New York, NY 10024
A.J 11108 Grand Pines Cir. Apt 326 Son of decedent and 5
Z.J. 11108 Grand Pines Cir. Apt 326 Son of decedent and 3
2
6. Prior to his death, LAWRENCE JONES, was a resident of Orlando, Orange County,
Florida.
7. At all relevant times, Defendant, MEARS DESTINATION SERVICES, INC. was
and is a Florida profit corporation licensed under the laws of Florida with its principle place of
business in Orlando, Orange County, Florida.
8. At all relevant times, Defendant RAPUNZEL SOPHIA DESIRE NELSON, was
a resident of Polk County, Florida.
9. Venue is proper in Orange County Circuit Court because the subject crash
occurred in Orange County, Florida.
DEFENDANTS’ ROLES IN THE TRANSPORTATION BUSINESS
10. At all times material hereto, Defendant, MEARS DESTINATION SERVICES,
INC., was a for hire motor carrier operating under the authority of the United States Department
of Transportation (“USDOT”).
11. In applying for and maintaining operating authority as a motor carrier, Defendant,
MEARS DESTINATION SERVICES, INC., certified to the USDOT that it would:
a. Have in place a system and an individual responsible for ensuring overall
compliance with the FMCSRs;
b. Have in place a driver safety training/orientation program;
c. Be familiar with DOT regulations governing driver qualifications and have in
place a system for overseeing driver qualification requirements (49 CFR 391);
3
d. Have in place policies and procedures consistent with DOT regulations governing
driving and operational safety of motor vehicles, including drivers’ hours of
service and vehicle inspection, repair and maintenance; and,
e. Comply with all pertinent Federal, State, local and tribal statutory and regulatory
requirements when operating within the United States.
12. At the time of the crash, Defendant, MEARS DESTINATION SERVICES, INC.,
was the registered owner of the 2018 commercial passenger bus bearing VIN#
YE2XC81B1J3081049 involved in this Crash.
13. At all relevant times, the subject commercial passenger bus was a commercial
motor vehicle as that term is defined in Chapter 316 of the Florida Statues, and it was being
operated under the control and USDOT authority of Defendant, MEARS DESTINATION
SERVICES, INC.
14. At all relevant times, Defendant, RAPUNZEL SOPHIA DESIRE NELSON, was
a Class 2B operator while driving the subject commercial passenger bus in the course and scope
of her agency with Defendant, MEARS DESTINATION SERVICES, INC.
THE CRASH.
15. On January 18, 2022 at approximately 5:50am, Plaintiff, DANNIELLE JONES,
was operating a disabled Chevrolet Tahoe while her husband, the Decedent, LAWRENCE
JONES, actively attempted to push/navigate the disabled Chevrolet Tahoe with flashing hazard
lights that were clearly visible and operational onto the shoulder of southbound State Road 417
in Orange County, Florida.
4
16. At that time and place, Defendant, RAPUNZEL SOPHIA DESIRE NELSON,
crashed into LAWRENCE JONES and then into Plaintiff’s Chevrolet Tahoe at between 53 to 54
miles per hour in a construction zone while distracted by talking on her cell phone, holding it, using it,
and/or attempting to connect a call, while looking down and never applying her brakes or attempting to
take any evasive action. This is all documented on the Defendants’ own partial commercial passenger bus
video.
https://forthepeople0my.sharepoint.com/personal/mulloa_forthepeople_com/_layouts/15/onedrive.a
spx?id=%2Fpersonal%2Fmulloa%5Fforthepeople%5Fcom%2FDocuments%2FThe%20Estate%2
0of%20Lawrence%20Jones%2FBUS%20VIDEO%20%2D%204%20CAMERA%20VIEWS%20
%2Ewmv&parent=%2Fpersonal%2Fmulloa%5Fforthepeople%5Fcom%2FDocuments%2FThe%
20Estate%20of%20Lawrence%20Jones
17. At all relevant times, Plaintiff, DANNIELLE JONES and her minor children, Z.J.
AND A.J., were properly restrained and Plaintiff, DANNIELLE JONES, nor LAWRENCE
JONES, in any way contributed in any way to the crash, resulting injuries and death
18. Each defendant acted in a manner that either alone or combined with the actions
of other defendants’ acts of negligence, directly and proximately caused the crash and the
resulting injuries to the Plaintiffs and death of LAWRENCE JONES.
COUNT I
DANNIELLE JONES’ INDIVIDUAL NEGLIGENCE CLAIM
AGAINST DEFENDANT, RAPUNZEL SOPHIA DESIRE NELSON
The Plaintiff incorporates herein the allegations in paragraphs 1-18
19. Defendant, RAPUNZEL SOPHIA DESIRE NELSON, had a duty to operate the
commercial passenger bus in a reasonably safe manner and to know of and abide by all laws and
industry standards governing the safe operation and maintenance of commercial motor vehicles.
5
20. Defendant, RAPUNZEL SOPHIA DESIRE NELSON, breached those duties and
was therefore negligent, in one or more of, but not limited to, the following ways:
a. failing to keep a proper lookout;
b. failing to maintain a proper following distance in violation §316.0895(1);
c. following within 300 feet of the Plaintiff in violation of §316.0895(2);
d. driving carelessly in violation of Florida Statute §316.1925;
e. driving the commercial passenger bus while distracted in violation of 49 CFR
§392.80, 390.5, 392.82 and Florida Statutes §315.05 and 316.06;
f. driving the commercial passenger bus while fatigued or impaired;
g. exceeding hours of service limitations in violation of 49 CFR 395.1(g)
h. failing to maintain control of the commercial passenger bus;
i. failing to take appropriate evasive action;
j. failing to properly inspect the commercial passenger bus in violation of 49 CFR
§396.11;
k. failing to maintain the commercial passenger bus in proper repair in violation of
49 CFR §396.1; and/or,
l. crashing into the Plaintiff’s Chevrolet Tahoe;
21. Defendant, RAPUNZEL SOPHIA DESIRE NELSON’s negligent conduct also
violated laws intended to protect and prevent crashes with drivers like the Plaintiff.
22. Defendant, RAPUNZEL SOPHIA DESIRE NELSON’s negligence directly and
proximately caused the Plaintiff’s Damages individually, and on behalf of the estate and
beneficiaries.
6
23. As a result of the crash, Plaintiff, DANNIELLE JONES, INDIVIDUALLY,
suffered bodily injury and resulting pain and suffering, mental anguish, disability, physical
impairment, disfigurement, 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
aggravation of a previously existing condition. The harms and losses are permanent and
continuing, and Plaintiff, DANNIELLE JONES, INDIVIDUALLY, has already suffered from
same in the past and will continue to suffer from the harms and losses into the future. Plaintiff’s
automobile was damaged, and she lost the use of it during the period required for its
replacement.
COUNT II
DANNIELLE JONES’ INDIVIDUAL NEGLIGENCE CLAIM
AGAINST DEFENDANT, MEARS DESTINATION SERVICES, INC.
The Plaintiff incorporates herein the allegations in paragraphs 1-18.
24. Defendant, MEARS DESTINATION SERVICES, INC., had a duty to ensure that
its drivers and vehicles were reasonably safe and complied with all laws and industry standards
concerning the safe operation and maintenance of commercial motor vehicles.
25. Defendant, MEARS DESTINATION SERVICES, INC., breached the above-
mentioned duties and was therefore negligent in one or more of, but not limited to, the following
ways:
a. Failing to verify and ensure that Defendant, RAPUNZEL SOPHIA DESIRE
NELSON, operated the commercial passenger bus in a reasonably safe manner
and abided by all laws governing the safe operation of commercial motor
7
vehicles, in violation of 49 C.F.R. §392.1 and to ensure their drivers not drive
distracted per ;
b. Failing to properly train and instruct Defendant, RAPUNZEL SOPHIA DESIRE
NELSON, and its drivers on defensive driving, safe driving, proper following
distance and proper lookout in violation of 49 C.F.R. §383.111;
c. Failing to properly supervise Defendant, RAPUNZEL SOPHIA DESIRE
NELSON, and identify dangerous routes and driving behavior that could have
been corrected to avoid this crash;
d. failing to properly inspect and maintain the subject commercial passenger bus in
violation of 49 CFR §396.11and 49 CFR §396.1; and/or
e. Knowingly failing to promote and enforce systems and procedures for the safe
operation of motor vehicles by their drivers and, thus, creating a zone and culture
of risk that constituted a dangerous mode of operation reasonably anticipated to
cause injury and/or death to the traveling public; including the Plaintiff, by not
ensuring their drivers had the necessary qualifications for their jobs;
26. Defendant, MEARS DESTINATION SERVICES, INC.’s negligent conduct also
violated laws intended to protect and prevent crashes with drivers like the Plaintiff.
27. Defendant, MEARS DESTINATION SERVICES, INC.’s negligence directly and
proximately caused the Plaintiff’s Damages.
suffered bodily injury and resulting pain and suffering, disability, physical impairment,
disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of
8
hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn
money, and aggravation of a previously existing condition. The harms and losses are permanent
and continuing, and Plaintiff, DANNIELLE JONES, INDIVIDUALLY, has already suffered
from same in the past and will continue to suffer from the harms and losses into the future.
Plaintiff’s automobile was damaged, and she lost the use of it during the period required for its
replacement.
COUNT III
DANNIELLE JONES’ INDIVIDUAL NEGLIGENT ENTRUSTMENT CLAIM
29. Defendant, MEARS DESTINATION SERVICES, INC., had a duty to avoid the
foreseeable harm posed by entrusting the subject commercial passenger bus to a dangerous and
unqualified driver like Defendant, RAPUNZEL SOPHIA DESIRE NELSON.
30. Defendant, MEARS DESTINATION SERVICES, INC., breached that duty and
was therefore negligent, when it entrusted the subject commercial passenger bus to Defendant,
RAPUNZEL SOPHIA DESIRE NELSON, despite her record of unsafe and negligent driving
and unfitness to operate a commercial motor vehicle, which were or should have been known to
Defendant, MEARS DESTINATION SERVICES, INC.
proximately caused the Plaintiff’s Damages.
9
replacement.
COUNT IV
DANNIELLE JONES’ INDIVIDUAL STRICT LIABILITY CLAIM
33. At the time of the crash, Defendant, RAPUNZEL SOPHIA DESIRE NELSON,
was operating the subject commercial passenger bus, a dangerous instrumentality, with
Defendant, MEARS DESTINATION SERVICES, INC.’s permission.
34. Therefore, Defendant, MEARS DESTINATION SERVICES, INC., is strictly
liable for Defendant, RAPUNZEL SOPHIA DESIRE NELSON’s negligence and the resulting
Plaintiff’s Damages.
10
replacement.
COUNT V
DANNIELLE JONES’ INDIVIDUAL VICARIOUS LIABILITY CLAIM
Defendant, MEARS DESTINATION SERVICES, INC.,’s statutory employee of, acting within
the course and scope of her agency or employment with, and under the direct control and for the
benefit of Defendant, MEARS DESTINATION SERVICES, INC.
37. Therefore, Defendant, MEARS DESTINATION SERVICES, INC., is vicariously
liable for the negligent acts of Defendant, RAPUNZEL SOPHIA DESIRE NELSON.
replacement.
11
COUNT VI
WRONGFUL DEATH CLAIM OF THE ESTATE OF LAWRENCE JONES
AGAINST DEFENDANT, RAPUNZEL SOPHIA DESIRE NELSON
Plaintiff re-alleges and incorporates by reference paragraphs 1 - 18.
39. Defendant, RAPUNZEL SOPHIA DESIRE NELSON, owed a duty of care to the
decedent, LAWRENCE JONES, when operating the commercial passenger bus.
40. Defendant, RAPUNZEL SOPHIA DESIRE NELSON, breached her duty of care
by negligently operating the commercial passenger bus, travelling southbound on State Road 417
while distracted by her cell phone and not paying attention to the roadway or vehicles in front of her,
while in a construction zone, and causing it to crash into the Decedent, LAWRENCE JONES, at
between 53 to 54 miles per hour while he was pushing/navigating his disabled motor Chevrolet
Tahoe with clearly visible flashing hazard lights onto the shoulder of southbound State Road 417 in
Orange County, Florida, as all depicted in the Defendants’ partial commercial passenger bus video.
https://forthepeople0my.sharepoint.com/personal/mulloa_forthepeople_com/_layouts/15/on
edrive.aspx?id=%2Fpersonal%2Fmulloa%5Fforthepeople%5Fcom%2FDocuments%2FT
he%20Estate%20of%20Lawrence%20Jones%2FBUS%20VIDEO%20%2D%204%20CA
MERA%20VIEWS%20%2Ewmv&parent=%2Fpersonal%2Fmulloa%5Fforthepeople%5
Fcom%2FDocuments%2FThe%20Estate%20of%20Lawrence%20Jones
41. As a direct and proximate result of Defendant, REPUNZEL SOPHIA DESIRE
NELSON’s negligence, Decedent’s estate and beneficiaries , Dannielle Jones, L.J. Jr., Z.J. and
A.J, Minors, have lost and will continue to lose future support and services; the loss of
companionship of their husband and father, LAWRENCE JONES, have endured mental pain and
suffering both already in the past and will into the future, and have lost support and services and
12
net accumulations during the natural life expectancies of LAWRENCE JONES and his spouse,
Dannielle Jones. These harms and losses are either permanent or continuing, and have already
occurred in the past and will continue into the future. Dannielle Jones has also incurred burial,
funeral, and other expenses.
COUNT VII
WRONGFUL DEATH CLAIM OF THE ESTATE OF LAWRENCE JONES
Plaintiff re-alleges and incorporates by reference paragraphs 1 through 18.
42. Defendant, MEARS DESTINATION SERVICES, INC., owed a duty of care to
Decedent and other members of the general public.
43. At the time the incident alleged herein occurred, Defendant, MEARS
DESTINATION SERVICES, INC., was liable for Defendant, RAPUNZEL SOPHIA DESIRE
NELSON’s actions pursuant to Florida’s Dangerous Instrumentality Doctrine.
44. Defendant, MEARS DESTINATION SERVICES, INC., breached the duty of care
owed to Decedent, when they negligently permitted Defendant, RAPUNZEL SOPHIA DESIRE
NELSON, to operate the commercial passenger bus. Defendant, RAPUNZEL SOPHIA DESIRE
NELSON, operated the commercial passenger bus owned by Defendant, MEARS
DESTINATION SERVICES, INC., both negligently and distracted with their consent, implied
or otherwise, resulting in Lawrence Jones’, death. As a direct and proximate result of Defendant,
MEARS DESTINATION SERVICES, INC.’s negligence, Decedent’s estate and beneficiaries,
Dannielle Jones, and L.J., Jr., Z.J. and A.J., Minors, have lost and will continue to lose future
support and services; the loss of companionship of their husband and father, LAWRENCE
JONES, have endured mental pain and suffering both in the past and will into the future, and
13
have lost support and services, and net accumulations during the natural life expectancy of
LAWRENCE JONES. These harms and losses are either permanent or continuing, and have
already occurred in the past and will continue into the future. Dannielle Jones has also incurred
burial, funeral, and other expenses.
COUNT VIII
DANNIELLE JONES’, AS PARENT AND NATURAL GUARDIAN OF Z.J., A MINOR’S
NEGLIGENCE CLAIM AGAINST DEFENDANT, RAPUNZEL SOPHIA DESIRE NELSON
c. following within 300 feet of the Chevrolet Tahoe in which Z.J., a Minor, was
a passenger, in violation of §316.0895(2);
14
j. failing to properly inspect the commercial passenger bus in violation of 49
CFR §396.11;
k. failing to maintain the commercial passenger bus in proper repair in violation
of 49 CFR §396.1; and/or,
l. crashing into the Chevrolet Tahoe in which Z.J., a Minor, was a passenger;
violated laws intended to protect and prevent crashes with passengers of vehicles like Z.J, a
Minor.
proximately caused Z.J., a Minor’s Damages.
49. As a result of the crash, Z.J., a Minor, suffered 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, and
continuing, and Z.J., a Minor, has already suffered from same in the past and will continue to
suffer from the harms and losses into the future.
COUNT IX
DANNIELLE JONES’, AS PARENT AND NATURAL GUARDIAN OF Z.J., A MINOR’S
NEGLIGENCE CLAIM AGAINST DEFENDANT, MEARS DESTINATION SERVICES, INC.
The Plaintiff incorporates herein the allegations in paragraphs 1- 18.
50. Defendant, MEARS DESTINATION SERVICES, INC., had a duty to ensure that its
drivers and vehicles were reasonably safe and complied with all laws and industry standards concerning
the safe operation and maintenance of commercial motor vehicles.
15
51. Defendant, MEARS DESTINATION SERVICES, INC., breached the above-mentioned
duties and was therefore negligent in one or more of, but not limited to, the following ways:
vehicles, in violation of 49 C.F.R. §392.1;
operation of motor vehicles and, thus, creating a zone and culture of risk that
constituted a dangerous mode of operation reasonably anticipated to cause injury
and/or death to the traveling public, including Z.J, a Minor, by not ensuring their
drivers has the necessary qualifications for their jobs;
violated laws intended to protect and prevent crashes with passengers of vehicles like Z.J, a
Minor.
16
proximately caused Z.J, a Minor’s Damages.
COUNT X
DANNIELLE JONES’, AS PARENT AND NATURAL GUARDIAN OF
Z.J., A MINOR’S NEGLIGENT ENTRUSTMENT CLAIM
proximately caused Z.J, a Minor’s Damages.
17
COUNT XI
DANNIELLE JONES’, AS PARENT AND NATURAL GUARDIAN
OF Z.J., MINOR’S STRICT LIABILITY CLAIM
60. Therefore, Defendant, MEARS DESTINATIN SERVICES, INC., is strictly liable
for Defendant, RAPUNZEL SOPHIA DESIRE NELSON’s negligence and the resulting Z.J, a
Minor’s Damages.
18
COUNT XII
OF Z.J., MINOR’S VICARIOUS LIABILITY CLAIM
COUNT XIII
DANNIELLE JONES, AS PARENT AND NATURAL GUARDIAN OF A.J., A MINOR’S
NEGLIGENCE CLAIMAGAINST DEFENDANT, RAPUNZEL SOPHIA DESIRE NELSON
19
c. following within 300 feet of the Chevrolet Tahoe in which A.J., a Minor, was
a passenger, in violation of §316.0895(2);
j. failing to properly inspect the commercial passenger bus in violation of 49
CFR §396.11;
k. failing to maintain the commercial passenger bus in proper repair in violation
of 49 CFR §396.1; and/or,
l. crashing into the Chevrolet Tahoe in which A.J., a Minor, was a passenger;
violated laws intended to protect and prevent crashes with passengers of vehicles like A.J, a
Minor.
20
proximately caused A.J., a Minor’s Damages.
69. As a result of the crash, A.J., a Minor, suffered bodily injury and resulting pain
COUNT XIV
DANNIELLE JONES’, AS PARENT AND NATURAL GUARDIAN OF A.J., A MINOR’S
NEGLIGENCE CLAIM AGAINST DEFENDANT, MEARS DESTINATION SERVICES, INC.
The Plaintiff incorporates herein the allegations in paragraphs 1-19 and 41-44.
70. Defendant, MEARS DESTINATION SERVICES, INC., had a duty to ensure that
its drivers and vehicles were reasonably safe and complied with all laws and industry standards
concerning the safe operation and maintenance of commercial motor vehicles.
71. Defendant, MEARS DESTINATION SERVICES, INC., breached the above-
mentioned duties and was therefore negligent in one or more of, but not limited to, the following
ways:
vehicles, in violation of 49 C.F.R. §392.1;
21
operation of motor vehicles and, thus, creating a zone and culture of risk that
constituted a dangerous mode of operation reasonably anticipated to cause injury
and/or death to the traveling public, including A.J, a Minor, by not ensuring their
drivers had the necessary qualifications for their job;
violated laws intended to protect and prevent crashes with passengers of vehicles like A.J, a
Minor.
proximately caused A.J, a Minor’s Damages.
22
COUNT XV
DANNIELLE JONES’, AS PARENT AND NATURAL GUARDIAN OF
A.J., A MINOR’S NEGLIGENT ENTRUSTMENT CLAIM
proximately caused A.J, a Minor’s Damages.
23
COUNT XVI
OF A.J., MINOR’S STRICT LIABILITY CLAIM
80. Therefore, Defendant, MEARS DESTINATIN SERVICES, INC., is strictly liable
for Defendant, RAPUNZEL SOPHIA DESIRE NELSON’s negligence and the resulting A.J, a
Minor’s Damages.
aggravation of a previously existing condition. The harms and losses are permanent, and Z.J., a
Minor, has suffered from same in the past and will continue to suffer from the harms and losses
into the future.
COUNT XVII
DANNIELLE JONES, AS PARENT AND NATURAL GUARDIAN
OF A.J., MINOR’S VICARIOUS LIABILITY CLAIM
24
WHEREFORE, Plaintiff, DANNIELLE JONES, INDIVIDUALLY, AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF LAWRENCE JONES, DECEASED, AND AS
PARENT AND NATURAL GUARDIAN OF Z.J. AND A.J., MINORS, and as personal
representative on behalf of of L.J., Jr., a Minor, demands judgment against Defendants,
RAPUNZEL SOPHIA DESIRE NELSON AND MEARS DESTINATION SERVICES, INC.,
for all damages permitted by Florida law, including costs, and prejudgment interest on taxable
costs incurred pursuant to R.J. Reynolds Tobacco Company v. Lewis, 275 So.3d 747 (Fla. 5th
DCA 2019).
25
TRIAL BY JURY
The Plaintiff respectfully demands a trial by jury of all issues and counts so triable herein.
RESPECTFULLY submitted this 9th day of March, 2022.
/s/ Nicholas P. Panagakis
NICHOLAS P. PANAGAKIS, ESQUIRE

FBN: 0116777
Morgan & Morgan, P.A.
20 N. Orange Avenue
Suite 1600
Orlando, FL 32801
Telephone Phone: (407) 420-1414
Facsimile: (407) 245-3393
Primary email: NPanagakis@forthepeople.com
Secondary email: MWatts@forthepeople.com
Attorneys for Plaintiff
26
CASE NO:
DANNIELLE JONES,
A.J., MINORS,
Plaintiff,
vs.

NELSON AND MEARS
Defendants. /
EXHIBIT “1”
Death Certificate
COMPLAINT
CASE NO:
DANNIELLE JONES,
A.J., MINORS,
Plaintiff,
vs.

NELSON AND MEARS
Defendants. /
EXHIBIT “2”
Letters of Administration
COMPLAINT
Filing # 144545717 E-Filed 02/24/2022 01:20:28 PM
CASE NO:
DANNIELLE JONES,
A.J., MINORS,
Plaintiff,
vs.

NELSON AND MEARS
Defendants. /
EXHIBIT “3”
Order Appointing Personal Representative
COMPLAINT
Filing # 144545681 E-Filed 02/24/2022 01:20:04 PM

Mears Destination Services Complaint

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Mears Destination Services Complaint

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Filing # 145392244 E-Filed 03/09/2022 03:15:41 PM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL

RAPUNZEL SOPHIA DESIRE

Plaintiff, DANNIELLE JONES, INDIVIDUALLY, AS PERSONAL

REPRESENTATIVE OF THE ESTATE OF LAWRENCE JONES, DECEASED, AND AS

RAPUNZEL SOPHIA DESIRE NELSON AND MEARS DESTINATION SERVICES, INC.,

and states as follows:

JURISDICTION AND VENUE

3. At all relevant times, Plaintiff, DANNIELLE JONES, INDIVIDUALLY, AS

PERSONAL REPRESENTATIVE OF THE ESTATE OF LAWRENCE JONES, DECEASED,

of Orlando, Orange County, Florida.

2 and Exhibit 3, respectively.

5. The potential beneficiaries of the recovery in this action are:

NAME ADDRESS RELATIONSHIP AGE

L.J., Jr. 3736 19th Ave., #6H Son of decedent 13

7. At all relevant times, Defendant, MEARS DESTINATION SERVICES, INC. was

business in Orlando, Orange County, Florida.

8. At all relevant times, Defendant RAPUNZEL SOPHIA DESIRE NELSON, was

a resident of Polk County, Florida.

occurred in Orange County, Florida.

DEFENDANTS’ ROLES IN THE TRANSPORTATION BUSINESS

10. At all times material hereto, Defendant, MEARS DESTINATION SERVICES,

MEARS DESTINATION SERVICES, INC., certified to the USDOT that it would:

a. Have in place a system and an individual responsible for ensuring overall

compliance with the FMCSRs;

b. Have in place a driver safety training/orientation program;

c. Be familiar with DOT regulations governing driver qualifications and have in

driving and operational safety of motor vehicles, including drivers’ hours of

service and vehicle inspection, repair and maintenance; and,

requirements when operating within the United States.

YE2XC81B1J3081049 involved in this Crash.

of her agency with Defendant, MEARS DESTINATION SERVICES, INC.

15. On January 18, 2022 at approximately 5:50am, Plaintiff, DANNIELLE JONES,

in Orange County, Florida.

resulting injuries to the Plaintiffs and death of LAWRENCE JONES.

The Plaintiff incorporates herein the allegations in paragraphs 1-18

a. failing to keep a proper lookout;

b. failing to maintain a proper following distance in violation §316.0895(1);

c. following within 300 feet of the Plaintiff in violation of §316.0895(2);

d. driving carelessly in violation of Florida Statute §316.1925;

e. driving the commercial passenger bus while distracted in violation of 49 CFR

§392.80, 390.5, 392.82 and Florida Statutes §315.05 and 316.06;

f. driving the commercial passenger bus while fatigued or impaired;

g. exceeding hours of service limitations in violation of 49 CFR 395.1(g)

h. failing to maintain control of the commercial passenger bus;

i. failing to take appropriate evasive action;

j. failing to properly inspect the commercial passenger bus in violation of 49 CFR

k. failing to maintain the commercial passenger bus in proper repair in violation of

49 CFR §396.1; and/or,

l. crashing into the Plaintiff’s Chevrolet Tahoe;

21. Defendant, RAPUNZEL SOPHIA DESIRE NELSON’s negligent conduct also

22. Defendant, RAPUNZEL SOPHIA DESIRE NELSON’s negligence directly and

The Plaintiff incorporates herein the allegations in paragraphs 1-18.

concerning the safe operation and maintenance of commercial motor vehicles.

25. Defendant, MEARS DESTINATION SERVICES, INC., breached the above-

a. Failing to verify and ensure that Defendant, RAPUNZEL SOPHIA DESIRE

NELSON, operated the commercial passenger bus in a reasonably safe manner

b. Failing to properly train and instruct Defendant, RAPUNZEL SOPHIA DESIRE

distance and proper lookout in violation of 49 C.F.R. §383.111;

c. Failing to properly supervise Defendant, RAPUNZEL SOPHIA DESIRE

been corrected to avoid this crash;

violation of 49 CFR §396.11and 49 CFR §396.1; and/or

of risk that constituted a dangerous mode of operation reasonably anticipated to