Filing # 192142512 E-Filed 02/16/2024 02:29:21 PM

IN THE CIRCUIT COURT OF THE 11th

JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA

GENERAL JURISDICTION DIVISION

CASE NO.:

ALEKXEI J. PINO,

Plaintiff,

vs.

HAYWOOD L. HIGHSMITH, JR. and

BRENDA HIGHSMITH,

Defendants.
_______________________________________________/

COMPLAINT FOR DAMAGES AND

DEMAND FOR JURY TRIAL

Plaintiff sues Defendants, and alleges:

JURISDICTION AND VENUE

1. This is an action for damages in excess of fifty thousand

dollars ($50,000.00), exclusive of interest and costs.

2. At all times material, Plaintiff, Alekxei J. Pino, was a

resident of Miami-Dade County, Florida.

3. Upon information and belief, Defendant, Haywood L.

Highsmith, Jr., at all times material, was, and is, a resident of

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Miami-Dade County, Florida.

4. On information and belief, Defendant, Brenda Highsmith,

is a co-owner of the automobile driven by Haywood L. Highsmith,

Jr.

5. Venue is proper in this Court as the subject collision

occurred in Miami-Dade County, Florida.

THE CRASH

6. On February 7, 2024, at approximately 11:20 P.M.,

Alekxei J. Pino was assisting a stranded motorist whose car was

facing westbound on S.W. 136 Street, near the intersection of S.W.

138th Avenue in Miami-Dade County, Florida.

7. At that time and place, Defendant, Haywood L.

Highsmith, Jr., was driving a 2021 Audi A5, that Haywood L.

Highsmith, Jr. co-owned with Brenda Highsmith.

8. On information and belief, Defendant, Haywood L.

Highsmith, Jr., was traveling at a speed in excess of the legal limit

when he smashed into Alekxei J. Pino. The force of the impact was

so great that it crushed Mr. Pino’s leg resulting in an above the

knee amputation and requiring Mr. Pino to undergo numerous

medical procedures.

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 9. Due to Defendant, Haywood L. Highsmith Jr.’s,

negligence, Mr. Pino suffered significant bodily injuries, including

the loss of his leg.

COUNT I
NEGLIGENCE OF
HAYWOOD L. HIGHSMITH, JR.

10. Plaintiff re-alleges and incorporates paragraphs 1 – 9 as

if fully set forth herein.

11. Defendant, Haywood L. Highsmith, Jr., had a duty to

operate his vehicle in a reasonably safe manner and to know of and

abide by all laws governing the safe operation of a motor vehicle.

12. Defendant, Haywood L. Highsmith, Jr., breached those

duties by travelling at an excessive rate of speed, failing to identify

that there was a disabled vehicle on the road in front of him and

smashing into the Plaintiff.

13. As a direct and proximate result of Defendant, Haywood

L. Highsmith, Jr.’s negligence, Plaintiff, Alekxei J. Pino, suffered

permanent bodily injury and resulting pain and suffering, disability,

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. These

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losses are permanent and Plaintiff, Mr. Pino, will suffer the losses in

the future.

WHEREFORE, Plaintiff, Alekxei J. Pino, demands judgment

against Defendant, Haywood L. Highsmith, Jr., in an amount in

excess of fifty thousand dollars ($50,000.00) and further demands

trial by jury of all issues so triable by law.

COUNT II
VICARIOUS LIABILITY OF BRENDA HIGHSMITH
(OWNERSHIP)

14. Plaintiff re-alleges and incorporates paragraphs 1 – 9 and

11 – 13 as if fully set forth herein.

15. At all times material, the Audi A5 that was involved in

the accident and driven by Defendant, Haywood L. Highsmith, Jr.,

was co-owned by Brenda Highsmith.

16. As the co-owner of the vehicle driven by Haywood L.

Highsmith, Jr., Brenda Highsmith is vicariously liable for the

negligence of Haywood L. Highsmith, Jr. set forth above.

17. As a direct and proximate result of Defendant, Haywood

L. Highsmith, Jr.’s negligence, for which Defendant, Brenda

Highsmith, is vicariously liable, Plaintiff, Alekxei J. Pino, suffered

permanent bodily injury and resulting pain and suffering, disability,

I P I 305 371 2692 I F I 305 371 2691 I A I 2665 South Bayshore Drive I Suite 603 I Miami, FL 33133
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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. These

losses are permanent and Plaintiff, Mr. Pino, will suffer additional

losses in the future.

WHEREFORE, Plaintiff, Alekxei J. Pino, demands judgment

against Defendant, Brenda Highsmith, in an amount in excess of

fifty thousand dollars ($50,000.00) and further demands trial by

jury of all issues so triable by law.

DATED this 16th day of February, 2024.

DOLAN DOBRINSKY ROSENBLUM

BLUESTEIN, LLP
Counsel for Plaintiff
2665 S. Bayshore Drive, Suite 603
Miami, Florida 33133
Telephone: (305) 371-2692
Facsimile: (305) 371-2691
MDobrinsky@DDRLawyers.Com
EBluestein@DDRLawyers.Com
IGarcia@DDRLawyers.Com

BY: /s/ Manuel L. Dobrinsky__________

Manuel L. Dobrinsky, Esq.
FBN: 775525
Eric Bluestein, Esq.
FBN: 58240

I P I 305 371 2692 I F I 305 371 2691 I A I 2665 South Bayshore Drive I Suite 603 I Miami, FL 33133
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