COMPLAINT. Plaintiffs, Dileida Vizcaino and Norma Vizcaino, as Co-Personal Representatives of the

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1 IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, FLORIDA DILEIDA VIZCAINO AND NORMA VIZCAINO, AS CO-PERSONAL REPRESENTATIVES OF THE ESTATE OF FEDERICO VIZCAINO; ANANDA C. ANGULO, individually; FLOR C. ANGULO, individually; and ALBA RIVERA, individually, CASE NO: Plaintiffs, vs. J & J AUTO TIRES, INC., d/b/a J.V. TIRES AND MUFFLER AUTO CENTER, Defendant. / COMPLAINT Plaintiffs, Dileida Vizcaino and Norma Vizcaino, as Co-Personal Representatives of the Estate of Federico Vizacaino; Ananda C. Angulo, Flor C. Angulo, and Alba Rivera sue the Defendant J&J Auto Tires, Inc., d/b/a J.V. Tires and Muffler Auto Center, (hereinafter referred to as JV Tires ) and state as follows: attorneys fees. GENERAL ALLEGATIONS 1. This is an action for damages in excess of $15,000, exclusive of costs, interest and 2. The wrongful death action pertaining to the decedent, Federico Vizcaino is brought by the Plaintiffs Dileida Vizcaino and Norma Vizcaino, as Co-Personal Representatives of the Estate of Federico Vizcaino.

2 3. Dileida Vizcaino is the wife of the decedent, Federico Vizcaino. Mr. and Mrs. Vizcaino resided in Orange County at all times material to this action. 4. Norma Vizcaino is the sister of the decedent, Federico Vizcaino. Ms. Vizcaino was named as the guardian of three (3) of Mr. Vizcaino s children subsequent to his death. Ms. Vizcaino was a resident of Miami-Dade County at all times material to this action. 5. Dileida Vizcaino and Norma Vizcaino are the duly appointed Co-Personal Representatives of the Estate of Federico Vizcaino. Letters of Administration are attached as Exhibit A. 6. The potential beneficiaries of this wrongful death action and the relationship of each to the decedent are as follows: a. Dileida Vizcaino surviving spouse b. Gabriel Vizcaino surviving minor son c. Amelia Vizcaino surviving minor daughter d. Sheyla Vizcaino surviving minor daughter e. Cynthia Vizcaino surviving minor daughter f. Jose Vizcaino surviving minor son g. Daniel Vizcaino surviving minor son h. Estate of Federico Vizcaino 7. The Plaintiff, Ananda C. Angulo alleges a claim for personal injuries against the Defendant. Ananda C. Angulo was a resident of Orange County, Florida at all times material to this action. Page 2 of 9

3 8. The Plaintiff, Flor C. Angulo alleges a claim for personal injuries against the Defendant. Flor C. Angulo was a resident of Orange County, Florida at all times material to this action. 9. The Plaintiff, Alba Rivera alleges a claim for personal injuries against the Defendant. Alba Rivera was a resident of Seminole County, Florida at all times material to this action. 10. The Defendant in this action is J&J Auto Tires, Inc. d/b/a J.V. Tires and Muffler Auto Center, a Florida corporation, which has its principal place of business located at 9903 E. Colonial Drive, Orlando, Florida The subject Ford E350 passenger van was originally sold with OEM tires, size LT R 16 LRE. These tires are to run with inflation rates of 55 psi for the front tires and 80 psi for the rear tires. It was required for vehicle and passenger safety that any replacement tires be the OEM size tires. 12. On or about December 17, 2004, Cecilia Vargas, the owner of the subject 2001 Ford E350 passenger van, took the van to Defendant J.V. Tires in order to have new tires installed on the rear of the van. J.V. Tires marketed, recommended, sold and installed two Winston Winner LT P R16 size tires on the van. The Winston Winner tires are passenger size tires that are to be run at an inflation rate of 35 psi. Installing the subject Winston Winner tires on the subject Ford E350 van can and will lead to the tires catastrophically failing. 13. The incident which gives rise to this cause of action occurred on the Florida Turnpike in St. Lucie County, Florida. Page 3 of 9

4 14. On or about April 9, 2005, at approximately 7:15p.m., Mr. Gerardo Cardenas was operating the subject Ford E350 passenger van, bearing Florida license tag #G60 KHS, northbound on the Florida Turnpike in St. Lucie County, Florida, when the van s right rear tire, and then its left rear tire suddenly and unexpectedly de-treaded and blew out. Despite Mr. Cardenas best efforts, the van veered out of control, went off the roadway, and rolled over multiple times before it came to rest on its roof on the side of the road. 15. The 2001 Ford E350 Van was traveling from Miami to Orlando with eleven (11) passengers. 16. The decedent, Federico Vizcaino was a passenger in the van at the time of the accident. As the van went out of control and began to rollover, Federico Vizcaino was ejected from the vehicle and landed on the side of the roadway. As the van completed its roll its roof came to rest on top of Mr. Vizcaino. Mr. Vizcaino died as a result of the injuries sustained in this automobile accident. 17. The Plaintiff, Ananda C. Angulo was a passenger in the subject van at the time of the rollover accident. Ms. Angulo suffered personal injuries as a result of the accident. 18. The Plaintiff, Flor C. Angulo was a passenger in the subject van at the time of the rollover accident. Ms. Angulo suffered personal injuries as a result of the accident. 19. The Plaintiff, Alba Rivera was a passenger in the subject van at the time of the rollover accident. Ms. Rivera suffered personal injuries as a result of the accident. 20. At all material times, Gerardo Cardenas was an agent, apparent agent and/or employee of Vargas & Associates, Inc. 21. Gerardo Cardenas exercised due care and was properly using the van for the use and in the manner for which it was designed and sold at all times material to this action. Page 4 of 9

5 COUNT I CLAIM AGAINST J.V. TIRES FOR NEGLIGENCE 22. The Plaintiffs reallege and incorporate by reference the general allegations as set forth in paragraphs 1 through 21 above. 23. JV Tires had a duty to use reasonable care in the marketing, assembly, testing, selling, distributing and placement in to the stream of commerce of the subject Winston Winner LT P R16 tires so as to avoid exposing the Plaintiffs, Ananda C. Angulo, Flor C. Angulo, Alba Rivera, and the Plaintiffs decedent, Federido Vizcaino to unnecessary and unreasonable risks. 24. JV Tires breached its aforesaid duty of care in one or more of the following ways: a. By negligently marketing, selling and distributing the Winston Winner LT P R16 tire for use on the subject 2001 Ford E350 passenger van; b. By negligently recommending and installing P R16 tires for use on the subject 2001 Ford E350 passenger van; c. By failing to adequately warn consumers including Cecilia Vargas, Gerardo Cardenas, Federico Vizcaino, Ananda C. Angulo, Flor C. Angulo and Alba Rivera about the unreasonably dangerous condition created by placing the P R16 tires on the subject 2001 Ford E350 passenger van; d. By negligently marketing the P R16 tire as being safe when placed on the subject 2001 Ford E350 passenger van; e. By failing to have sufficient automotive tired expertise to assure that the tires it placed on the subject 2001 Ford E350 passenger van were acceptable and appropriate when placed on said van; Page 5 of 9

6 f. By otherwise failing to take reasonable actions to assure that the recommendations and installation performed by its employees were consistent with and incorporated accepted automotive and engineering principles. 25. As a direct and proximate result of the aforementioned negligence of JV Tires, Federico Vizcaino suffered fatal injuries and JV Tires is responsible for Mr. Vizcaino s death and damages as set forth below: a. Dileida Vizcaino, the surviving wife of Federico Vizcaino, deceased, has suffered and will continue to suffer the loss of her husband s support and services; has experienced mental pain and suffering in the past and will continue to suffer such losses in the future; and has incurred medical and funeral expenses due to her husband s injury and death; b. Gabriel Vizcaino, the surviving minor son of Federico Vizcaino, deceased, has suffered and will continue to suffer the loss of his father s support and services, c. Amelia Vizcaino, the surviving minor daughter of Federico Vizcaino, deceased, has suffered and will continue to suffer the loss of her father s support and services, d. Sheyla Vizcaino, the surviving minor daughter of Federico Vizcaino, deceased, has suffered and will continue to suffer the loss of her father s support and services, Page 6 of 9

7 e. Cynthia Vizcaino, the surviving minor daughter of Federico Vizcaino, deceased, has suffered and will continue to suffer the loss of her father s support and services, f. Jose Vizcaino, the surviving minor son of Federico Vizcaino, deceased, has suffered and will continue to suffer the loss of his father s support and services, g. Daniel Vizcaino, the surviving minor son of Federico Vizcaino, deceased, has suffered and will continue to suffer the loss of his father s support and services, h. The Estate of Federico Vizcaino has lost prospective net accumulations and has incurred medical and funeral expenses due to his death. 26. As a direct and proximate result of the aforementioned negligence of JV Tires, Ananda C. Angulo suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. These losses are either permanent or continuing and Ms. Angulo will continue to suffer the losses in the future. Page 7 of 9

8 27. As a direct and proximate result of the aforementioned negligence of JV Tires, Flor C. Angulo suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. These losses are either permanent or continuing and Ms. Angulo will continue to suffer the losses in the future. 28. As a direct and proximate result of the aforementioned negligence of JV Tires, Alba Rivera suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. These losses are either permanent or continuing and Ms. Rivera will continue to suffer the losses in the future. WHEREFORE, the Plaintiffs, Dileida Vizcaino and Norma Vizcaino, as Co-Personal Representatives of the Estate of Federico Vizcaino; Ananda C. Angulo, Flor C. Angulo, and Alba Rivera demand judgment for compensatory damages and costs against Defendant, J&J Auto Tires, Inc., d/b/a J.V. Tires and Muffler Auto Center. Further, the Plaintiffs reserve the right to amend this Complaint to add a claim for punitive damages pursuant to Florida Statute (2006). Page 8 of 9

9 DEMAND FOR A JURY TRIAL Plaintiffs hereby demand a jury trial on all issues so triable as of right. DATED, 2007 RICCI~LEOPOLD, P.A PGA Blvd. Suite 200 Palm Beach Gardens, FL Phone: Fax: By: THEODORE J. LEOPOLD, Esq. Florida Bar No.: JODI C. PAGE, Esq. Florida Bar No Page 9 of 9