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Filing # 198471438 E-Filed 05/16/2024 01:05:29 PM
IN THE CIRCUIT COURT OF THE
THIRTEENTH JUDICIAL CIRCUIT IN
AND FOR HILLSBOROUGH COUNTY,
FLORIDA
CASE NO:
ASHLEY PARMESHWAR,
Plaintiff,
v.
ERNESTO MEDINA,
Defendant.
_________________________/
COMPLAINT
Plaintiff, ASHLEY PARMESHWAR, by and through the undersigned, sues the
Defendant, ERNESTO MEDINA and states as follows:
1. This is an action for damages that exceeds Fifty Thousand Dollars
($50,000.00) exclusive of interest, costs, and attorney’s fees.
2. At all times material to this action, Plaintiff, ASHLEY PARMESHWAR, is a
natural person residing in POLK County, Florida.
3. At all times material to this action, Defendant, ERNESTO MEDINA is a
natural person residing in HILLSBOROUGH County, Florida.
4. At all times material to this action, the Defendant, ERNESTO MEDINA, was
a resident motor vehicle owner and accepted the privilege of operating a motor vehicle
within the State of Florida.
5. All other conditions precedent to the bringing of this action have been
performed, have occurred or have been waived.
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6. Venue is proper in HILLSBOROUGH County because the alleged incident
occurred in HILLSBOROUGH County.
FACTS COMMON TO ALL COUNTS
7. On or about November 9, 2023, Plaintiff, ASHLEY PARMESHWAR, was
operating a motor vehicle at or near MM 24 of SR-400 in Plant City, HILLSBOROUGH
County, Florida.
8. At that time and place, Defendant, ERNESTO MEDINA was operating a
motor vehicle at or near MM 24 of SR-400 in Plant City, HILLSBOROUGH County,
Florida.
9. At that time and place, Defendant, ERNESTO MEDINA negligently and
carelessly operated and/or maintained the vehicle so as to collide with the motor vehicle
driven by Plaintiff, ASHLEY PARMESHWAR.
10. As a result of the collision caused by the negligence of Defendant,
ERNESTO MEDINA Plaintiff, ASHLEY PARMESHWAR, sustained serious and
permanent injuries.
COUNT I – ACTION BY PLAINTIFF, ASHLEY PARMESHWAR, FOR
NEGLIGENCE AGAINST DEFENDANT, ERNESTO MEDINA
Plaintiff, ASHLEY PARMESHWAR, adopts and realleges Paragraphs 1 through
10 as fully set forth herein.
11. Defendant, ERNESTO MEDINA was negligent and careless in the
operation of his motor vehicle so as to collide with the vehicle operated by Plaintiff,
ASHLEY PARMESHWAR.
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12. As a direct and proximate cause of Defendant’s, ERNESTO MEDINA’s,
negligence, Plaintiff, ASHLEY PARMESHWAR, suffered or incurred injuries included,
without limitation, the following:
A. Significant and permanent loss of an important bodily function and/or
permanent and significant scarring.
B. Permanent injury within a reasonable degree of medical probability
other than scarring or disfigurement;
C. Aggravation or activation of an existing disease or physical defect;
D. Pain, suffering, disability, physical impairment, mental anguish,
inconvenience, and a loss of capacity for the enjoyment of life;
E. Expenses of medical care and treatment in the past and in the future;
F. Loss of wages and/or loss of earning capacity in the future; and
G. All losses are continuing and/or permanent.
13. Plaintiff, ASHLEY PARMESHWAR, will suffer or incur the injuries,
expenses, and impairment in the future.
WHEREFORE, Plaintiff, ASHLEY PARMESHWAR, demands judgment for
damages against Defendant, ERNESTO MEDINA for personal injury including the losses
enumerated herein, costs, interest and for other such relief as may be just and equitable
and otherwise deemed proper by the Court.
DEMAND FOR JURY TRIAL
Plaintiff, ASHLEY PARMESHWAR, demands a jury trial on all issues so triable of
each and every one of the Counts set forth above.
/s/ Devry R. Kelley
__________________
Devry R. Kelley, Esquire
Florida Bar No.: 0567302
DAN NEWLIN INJURY ATTORNEYS
7335 W. Sand Lake Road, Suite 300
Orlando, FL 32819
5/16/2024 1:05 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
Direct: (321) 270-0434
Fax: (863) 225-9853
Attorney for Plaintiff
Devry.pleadings@newlinlaw.com
Devry.Kelley@newlinlaw.com
Marlene.Zervis@newlinlaw.com
5/16/2024 1:05 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4
Preview
Filing # 198471438 E-Filed 05/16/2024 01:05:29 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CASE NO: ASHLEY PARMESHWAR, Plaintiff, v. ERNESTO MEDINA, Defendant. _________________________/ COMPLAINT Plaintiff, ASHLEY PARMESHWAR, by and through the undersigned, sues the Defendant, ERNESTO MEDINA and states as follows: 1. This is an action for damages that exceeds Fifty Thousand Dollars ($50,000.00) exclusive of interest, costs, and attorney’s fees. 2. At all times material to this action, Plaintiff, ASHLEY PARMESHWAR, is a natural person residing in POLK County, Florida. 3. At all times material to this action, Defendant, ERNESTO MEDINA is a natural person residing in HILLSBOROUGH County, Florida. 4. At all times material to this action, the Defendant, ERNESTO MEDINA, was a resident motor vehicle owner and accepted the privilege of operating a motor vehicle within the State of Florida. 5. All other conditions precedent to the bringing of this action have been performed, have occurred or have been waived. 5/16/2024 1:05 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 6. Venue is proper in HILLSBOROUGH County because the alleged incident occurred in HILLSBOROUGH County. FACTS COMMON TO ALL COUNTS 7. On or about November 9, 2023, Plaintiff, ASHLEY PARMESHWAR, was operating a motor vehicle at or near MM 24 of SR-400 in Plant City, HILLSBOROUGH County, Florida. 8. At that time and place, Defendant, ERNESTO MEDINA was operating a motor vehicle at or near MM 24 of SR-400 in Plant City, HILLSBOROUGH County, Florida. 9. At that time and place, Defendant, ERNESTO MEDINA negligently and carelessly operated and/or maintained the vehicle so as to collide with the motor vehicle driven by Plaintiff, ASHLEY PARMESHWAR. 10. As a result of the collision caused by the negligence of Defendant, ERNESTO MEDINA Plaintiff, ASHLEY PARMESHWAR, sustained serious and permanent injuries. COUNT I – ACTION BY PLAINTIFF, ASHLEY PARMESHWAR, FOR NEGLIGENCE AGAINST DEFENDANT, ERNESTO MEDINA Plaintiff, ASHLEY PARMESHWAR, adopts and realleges Paragraphs 1 through 10 as fully set forth herein. 11. Defendant, ERNESTO MEDINA was negligent and careless in the operation of his motor vehicle so as to collide with the vehicle operated by Plaintiff, ASHLEY PARMESHWAR. 5/16/2024 1:05 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 12. As a direct and proximate cause of Defendant’s, ERNESTO MEDINA’s, negligence, Plaintiff, ASHLEY PARMESHWAR, suffered or incurred injuries included, without limitation, the following: A. Significant and permanent loss of an important bodily function and/or permanent and significant scarring. B. Permanent injury within a reasonable degree of medical probability other than scarring or disfigurement; C. Aggravation or activation of an existing disease or physical defect; D. Pain, suffering, disability, physical impairment, mental anguish, inconvenience, and a loss of capacity for the enjoyment of life; E. Expenses of medical care and treatment in the past and in the future; F. Loss of wages and/or loss of earning capacity in the future; and G. All losses are continuing and/or permanent. 13. Plaintiff, ASHLEY PARMESHWAR, will suffer or incur the injuries, expenses, and impairment in the future. WHEREFORE, Plaintiff, ASHLEY PARMESHWAR, demands judgment for damages against Defendant, ERNESTO MEDINA for personal injury including the losses enumerated herein, costs, interest and for other such relief as may be just and equitable and otherwise deemed proper by the Court. DEMAND FOR JURY TRIAL Plaintiff, ASHLEY PARMESHWAR, demands a jury trial on all issues so triable of each and every one of the Counts set forth above. /s/ Devry R. Kelley __________________ Devry R. Kelley, Esquire Florida Bar No.: 0567302 DAN NEWLIN INJURY ATTORNEYS 7335 W. Sand Lake Road, Suite 300 Orlando, FL 32819 5/16/2024 1:05 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 Direct: (321) 270-0434 Fax: (863) 225-9853 Attorney for Plaintiff Devry.pleadings@newlinlaw.com Devry.Kelley@newlinlaw.com Marlene.Zervis@newlinlaw.com 5/16/2024 1:05 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4