MYKAYLA COOKS VS NEW HORIZONS LEASING, INC. Et Al

5. At all times material to this action, Defendant, ROMARO DANIEL GRAVES, was a natural person residing in Pearl River County, Mississippi.

6. At that time and place, Defendant ROMARO DANIEL GRAVES, was operating a tractor-trailer owned by Defendant, NEW HORIZONS LEASING, INC., while in the course and scope of employment with NEW HORIZONS LEASING, INC. and traveling eastbound on Pritchard Road near Interstate 295 in Duval County, Florida. Defendant, ROMARO DANIEL GRAVES, failed to make a proper lane change, causing a collision with Plaintiff, MYKAYLA COOKS' vehicle.

7. At that time and place, Defendant ROMARO DANIEL GRAVES, was operating a tractor-trailer owned by Defendant, WESTERN EXPRESS, INC., while in the course and scope of employment with WESTERN EXPRESS, INC. and traveling eastbound on Pritchard Road near Interstate 295 in Duval County, Florida. Defendant, ROMARO DANIEL GRAVES, failed to make a proper lane change, causing a collision with Plaintiff, MYKAYLA COOKS' vehicle.

8. At all times material to this action, the subject truck driven by Defendant ROMARO DANIEL GRAVES, was a commercial motor vehicle and subject to regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA).

9. The incident giving rise to this action occurred in Duval County, Florida.

10. Venue is proper in this Court pursuant to F.S.A. 47.051.

The Plaintiff realleges and incorporates the allegations of paragraphs 1 through 8 above and further alleges:

11. On March 1, 2024 , Plaintiff, MYKAYLA COOKS, was traveling eastbound on Pritchard Road near Interstate 295 in Duval County, Florida

12. At that time and place, Defendant, ROMARO DANIEL GRAVES, was operating a tractor-trailer owned by Defendant, NEW HORIZONS LEASING, INC., while in the course and scope of employment with NEW HORIZONS LEASING, INC. and traveling eastbound on Pritchard Road near Interstate 295 in Duval County, Florida. Defendant, ROMARO DANIEL GRAVES, failed to make a proper lane change, causing a collision with Plaintiff, MYKAYLA COOKS' vehicle.

13. At that time and place, Defendant, ROMARO DANIEL GRAVES, was operating a tractor-trailer owned by Defendant, WESTERN EXPRESS, INC., while in the course and scope of employment with WESTERN EXPRESS, INC. and traveling eastbound on Pritchard Road near Interstate 295 in Duval County, Florida. Defendant, ROMARO DANIEL GRAVES, failed to make a proper lane change, causing a collision with Plaintiff, MYKAYLA COOKS' vehicle.

Plaintiff, MYKAYLA COOKS, realleges and incorporates by reference each and every allegation contained in Paragraphs 1 through 13 above, and further states:

14. At the time and place of the incident, Defendant, ROMARO DANIEL GRAVES, negligently operated and/or maintained the motor vehicle causing a collision with Plaintiff's motor vehicle.

15. At the time and place of the aforementioned incident Defendant, ROMARO DANIEL GRAVES, was guilty of one or more of the following negligent acts or negligent omissions which caused or contributed to the cause of the Plaintiff's injuries and damages which acts and omissions are set out herein by way of illustration and not limitation:

(a) Driving carelessly in violation of Florida Statute $316. 1925 ;