CYNTHIA KELLY VS BRANDSAFWAY SOLUTIONS DBA BIG CITY ACCESS BRANDSAFWAY SAFWAY

Street near Interstate 95 in Duval County, Florida. AN UNKNOWN EMPLOYEE/AGENT, entered into Plaintiff, CYNTHIA KELLY's lane, causing a collision with Plaintiff, CYNTHIA KELLY's, vehicle.

5. At all times material to this action, the subject truck driven by AN UNKNOWN EMPLOYEE/AGENT, was a commercial motor vehicle and subject to regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA).

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

7. 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:

8. On July 6, 2023 , Plaintiff, CYNTHIA KELLY's, traveling eastbound on Emerson Street near Interstate 95 in Duval County, Florida

9. At that time and place, AN UNKNOWN EMPLOYEE/AGENT, was operating a tractor-trailer owned by Defendant, BRANDSAFWAY SOLUTIONS, while in the course and scope of employment with BRANDSAFWAY SOLUTIONS and traveling eastbound on Emerson Street near Interstate 95 in Duval County, Florida. AN UNKNOWN EMPLOYEE/AGENT, entered into Plaintiff, CYNTHIA KELLY's lane, causing a collision with Plaintiff, CYNTHIA KELLY's, vehicle.

Plaintiff, CYNTHIA KELLY, realleges and incorporates by reference each and every allegation contained in Paragraphs 1 through 9 above and further alleges:

10. At the and place of the aforementioned incident, AN UNKNOWN EMPLOYEE/AGENT, was operating the vehicle during the course and scope of their employment with Defendant, BRANDSAFWAY SOLUTIONS.

11. At that time and place, AN UNKNOWN EMPLOYEE/AGENT, was operating and driving the vehicle with the permission and consent of its owner, Defendant, BRANDSAFWAY SOLUTIONS.

12. At all relevant times, AN UNKNOWN EMPLOYEE/AGENT, was the employee, agent, servant, and/or statutory employee for Defendant, BRANDSAFWAY SOLUTIONS, operating for the benefit of, in furtherance of the interests of and/or within the course and scope of his employment with Defendant, BRANDSAFWAY SOLUTIONS. Accordingly, Defendant, HICKMAN TRANSPORT CO INC, is vicariously liable for the acts of AN UNKNOWN EMPLOYEE/AGENT. Regardless of the employment or agency relationship, Defendant, BRANDSAFWAY SOLUTIONS, is an interstate motor carrier responsible for the acts of AN UNKNOWN EMPLOYEE/AGENT.

13. Defendant, BRANDSAFWAY SOLUTIONS, is vicariously liable for the negligence of AN UNKNOWN EMPLOYEE/AGENT, pursuant to the Florida Dangerous Instrumentality Doctrine.

14. As a direct and proximate cause of Defendant, BRANDSAFWAY SOLUTIONS's negligence, Plaintiff, CYNTHIA KELLY, suffered or incurred significant and permanent loss of an important bodily function and/or permanent and significant scarring; permanent injury within a reasonable degree of medical probability other than scarring or disfigurement; aggravation or activation of an existing disease or physical defect; pain, suffering, disability, physical impairment, mental anguish, inconvenience, and a loss of capacity for the enjoyment of life; expenses of