NYCHOLAS C FRIES -VS- ERIC A BOOTHE

4. At all times material to this action, Defendant, ERIC A. BOOTHE, was a natural person residing in Sanford, Seminole County, Florida.

5. At all times material to this action, Defendant, KITTERMAN & SONS TRUCKING, LLC., was authorized to do and doing business in Seminole County, Florida.

6. On or about February 17, 2024 , Plaintiff, NYCHOLAS C. FRIES, was the restrained passenger of a motor vehicle on Timacuan Blvd., in Sanford, Seminole County, Florida.

7. At that time and place, Defendant, ERIC A. BOOTHE, with the express or implied consent of the Defendant, KITTERMAN & SONS TRUCKING, LLC., was operating a motor vehicle on Pensacola Lane, in Sanford, Seminole County, Florida

8. At that time and place, Defendant, ERIC A. BOOTHE, negligently operated and/or maintained the motor vehicle SO that it collided with the motor vehicle Plaintiff, NYCHOLAS C. FRIES, was traveling in.

Plaintiff re-alleges those allegations contained within paragraphs 1 - 8 above, and incorporates them herein by reference, and further states:

9. Defendant, ERIC A. BOOTHE, had a duty to operate his motor vehicle in a safe and prudent manner and to know of and abide by all state and federal laws, statutes, and regulations governing the safe operation of its motor vehicle, including without limitation Florida Statute Chapter $316.

10. As a direct and proximate result of Defendant, ERIC A. BOOTHE, negligence, Plaintiff suffered bodily injury including a permanent injury to the body as a whole, pain and suffering of both a physical and mental nature, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, aggravation of an existing condition,

expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future.

WHEREFORE, Plaintiff, NYCHOLAS C. FRIES, sues Defendant, ERIC A. BOOTHE, for damages and demand judgment in excess of fifty thousand dollars ($50,000.00), and other such relief deemed proper by the Court. Plaintiff demands a jury trial on all issues SO triable.

Plaintiff re-alleges those allegations contained within paragraphs 1 - 10 above, and incorporates them herein by reference, and further states:

11. At the time and place of the subject crash described herein, Defendant, KITTERMAN & SONS TRUCKING, LLC., was the registered owner of the motor vehicle Defendant, ERIC A. BOOTHE, was operating.

12. Pursuant to Florida's Dangerous Instrumentality Doctrine, Defendant, KITTERMAN & SONS TRUCKING, LLC., is vicariously liable for the negligence acts of Defendant, ERIC A. BOOTHE.

13. As a direct and proximate result of the negligence of Defendant, ERIC A. BOOTHE, for which Defendant, KITTERMAN & SONS TRUCKING, LLC., is liable, Plaintiff, NYCHOLAS FRIES, suffered bodily injury including a permanent injury to the body as a whole, pain and suffering of both a physical and mental nature, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, aggravation of an existing condition, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future.