Filing # 189956346 E-Filed 01/17/2024 04:21:49 PM

IN THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT

IN AND FOR ORANGE COUNTY, FLORIDA

HERBERT CRISTOPHER
SILLERICO,

Plaintiff,
CASE NO.:
vs.

KING OF ROADS LLC, and

JOHN DOE,

Defendants.
/

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, HERBERT CRISTOPHER SILLERICO, by and through his attorney, sues the

Defendant, KING OF ROADS LLC, and JOHN DOE and alleges:

JURISDICTION, VENUE, AND GENERAL ALLEGATIONS

1. This is an action for damages that exceed Fifty Thousand Dollars ($50,000.01),

exclusive of interest, costs and attorneysfees. 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. Plaintiff, HERBERT CRISTOPHER SILLERICO, is a natural person residing in, at

the time of the incident described herein, Seminole County, Florida.

3. At all times material to this action, Defendant, JOHN DOE, was an employee of the

Defendant, KING OF ROADS LLC, and resided in the State of Florida

4. At all times material to this action, KING OF ROADS LLC, was and is a Florida

Limited Liability Company licensed to do business in the State of Florida.

5. At all times hereto, Defendant, JOHN DOE, and Defendant KING OF ROADS LLC

provided towing service to a vehicle parked at 9460 W Colonial Dr, Ocoee, FL 34761, at the request

of Plaintiff, HERBERT CHRISTOPHER SILLERICO.

6. Defendant, KING OF ROADS LLC owned the subject tow truck that was providing
service to a vehicle parked at 9460 W Colonial Dr, Ocoee, FL 34761.

7. Additionally, an employee of KING OF ROADS, LLC, was providing towing

services to HERBERT CHRISTOPHER SILLERICO.

8. While providing said services, Defendant, JOHN DOE, improperly jacked up

Plaintiff, HERBERT CHRISTOPHER SILLERICO'S, vehicle in an unsafe and negligent manner

causing it to fall on top of Plaintiff, HERBERT CHRISTOPHER SILLERICO, causing significant

personal injuries.

COUNT I-NEGLIGENCE AGAINST

DEFENDANT, JOHN DOE

9. Plaintiff realleges paragraphs one (1) through eight (8) as if fully set forth herein.

10. On July 1, 2023, Defendant, JOHN DOE, acting within the course and scope of his

employment with Defendant, KING OF ROADS, LLC, failed to properly and safely lift and secure

the Plaintiff s trailer which led to the trailer dropping on top of Plaintiff.

11. At said time and place, Defendant, JOHN DOE, owed a duty of reasonable care to his

costumers, including Plaintiff, to provide a reasonably safe environment, and to ensure that the

costumers, including Plaintiff, were protected from reasonably foreseeable injuries. Plaintiff alleges

Defendant breached these duties by doing the following:

a. Negligently failing to position lift jack properly which led to the trailer dropping on top

of the Plaintiff

b. Negligently failing to maintain proper control of said trailer so as to avoid dropping on

top of the Plaintiff and

c.
Negligently failing to ensure the lifted vehicle was properly and safely secured in a

stable manner.

12. As a direct and proximate result of the negligence of Defendant, JOHN DOE, Plaintiff

suffered bodily injury in and about his body and extremities, resulting in pain and suffering, disability,
disfigurement, permanent and significant scarring, loss of the capacity for the enjoyment of life,

expense of hospitalization, medical and nursing care and treatment, loss of earning, loss of the ability

to earn money, and aggravation of previously existing condition. The losses are either permanent or

continuing and Plaintiff will suffer the losses in the future.

WHEREFORE, the Plaintiff, HERBERT CRISTOPHER SILLERICO, sues the

Defendant, JOHN DOE, for damages and demands judgment in excess of Fifty Thousand Dollars

($50,000.00), plus interest and costs, and demands trial by jury of all issues so triable.

COUNT II-VICARIOUS LIABILITY AGAINST DEFENDANT, KING OF ROADS LLC

13. Plaintiff reasserts and realleges paragraphs one (1) through eight (8) as if fully set forth

herein.

14. On July 1, 2023, Plaintiff requested the services of the Defendant KING OF ROADS,

LLC.

15. At all times material hereto, Defendant, JOHN DOE, acted within the course and

scope of his employment with Defendant, KING OF ROADS, LLC, including the above-outlined

negligent acts.
16. As such, Defendant, KING OF ROADS, LLC, is vicariously liable for the actions of

Defendant, JOHN DOE.

17. As a direct and proximate result of the negligence of Defendant, JOHN DOE, imputed

to Defendant, KING OF ROADS, LLC via vicarious liability, Plaintiff suffered bodily injury in and
about his body and extremities, resulting in pain and suffering, disability, disfigurement, permanent

and significant scarring, loss of the capacity for the enjoyment of life, expense of hospitalization,

medical and nursing care and treatment, loss of earning, loss of the ability to earn money, and

aggravation of previously existing condition. The losses are permanent and continuing within a

reasonable degree of medical probability. The Plaintiff will continue to suffer the losses in the future.

WHEREFORE, HERBERT CRISTOPHER SILLERICO sues the Defendant, KING OF

ROADS LLC, for damages and demands judgment in excess of Fifty Thousand Dollars

($50,000.00), plus interest and costs, and demands trial by jury of all issues so triable.

Dated this 17th day of January 2024.

/s/ Tyler R. Kobylinski
Tyler R. Kobylinski, Esquire
FBN: 115506
Morgan & Morgan, P.A.
20 N. Orange Avenue, Suite 1600
Orlando, FL 32801
Telephone: (407) 420-1414
Facsimile: (407) 204-2269
Primary email: tkobylinski@forthepeople.com
Secondary email: eileentaylor@forthepeople.com
Attorneys for Plaintiff