IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND

FOR BROWARD COUNTY FLORIDA

CHRISTINE FERRANTE, as Personal

Representative of the Estate of CASE NO.:

KAITLYN FERRANTE,

Plaintiff,

vs.

KAYLA M. MENDOZA and

FEDERICO JAVIER REYES SANTIAGO,

Defendants.

________________________________________________/

COMPLAINT

The Plaintiff, CHRISTINE FERRANTE, as Proposed Personal Representative of the

Estate of KAITLYN FERRANTE, by and through undersigned counsel, hereby sues the

Defendants, KAYLA M. MENDOZA and FEDERICO JAVIER REYES SANTIAGO, and in

support thereof alleges:

1. This is a cause of action for damages in excess of $15,000.00 excluding attorneys’

fees and costs and, thus, within the jurisdictional limits of this Court.

2. The incident giving rise to this action occurred in Broward County, Florida.

3. CHRISTINE FERRANTE, as Personal Representative of the Estate of MARISA

CATRONIO, is a resident of Broward County, Florida.

4. Plaintiff, KAITLYN FERRANTE, deceased, was a resident of Broward County,

Florida.

5. Defendant, KAYLA M. MENDOZA, is a resident of Broward County, Florida.

6. Defendant, FEDERICO JAVIER REYES SANTIAGO, is a resident of Broward

County, Florida.

Electronically Filed 12/04/2013 02:39:46 PM ET

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7. CHRISTINE FERRANTE is the mother of the deceased, KAITLYN FERRANTE, and

a survivor as defined by §768.18 (1), Florida Statutes.

8. CHRISTINE FERRANTE, as the mother of the deceased, KAITLYN FERRANTE,

has been or will be appointed as the Personal Representative of the Estate of KAITLYN

FERRANTE.

9. All conditions precedent to the filing of this suit have been completed or

otherwise waived.

Facts Common to All Counts

10. FEDERICO JAVIER REYES SANTIAGO was the owner and/or operator of an

automobile with a vehicle having tag number CHAK77 (the “subject vehicle”).

11. On or about November 17, 2013, KAYLA MENDOZA, date of birth December 25,

1992, operated the subject vehicle, with FEDERICO JAVIER REYES SANTIAGO’s permission

and consent, in an unreasonable manner.

12. On or about November 17, 2013, KAITLYN FERRANTE was driving Marisa

Catronio’s vehicle in the right lane of State Road 869 Westbound.

13. At approximately that time and place, KAYLA MENDOZA, was driving in the

wrong direction (to the east) in the right lane of the westbound State Road 869, causing the

subject vehicle to collide with the vehicle in which KAITLYN FERRANTE was driving,

resulting in serious bodily injury and the death of KAITLYN FERRANTE.

14. As a direct and proximate result of KAYLA MENDOZA’s negligent actions and/or

omissions, KAITLYN FERRANTE was permanently injured, both internally and externally, and

required extensive hospitalization and medical care via air rescue. As a result of the severe and

life threatening injuries suffered from this crash, Kaitlyn was hospitalized in intensive care and

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put on life support. Kaitlyn remained in such state with her family surrounding her for 4 days and

ultimately breathed her last breath 4 days later due to her injuries suffered from this crash.

COUNT I – NEGLIGENCE OF KAYLA MENDOZA

15. The Plaintiff readopts and realleges paragraphs 1 through 14 as if fully

incorporated herein.

16. KAYLA MENDOZA owed KAITLYN FERRANTE a duty of reasonable care.

17. KAYLA MENDOZA breached the duty of care owed to KAITLYN FERRANTE

by failing to use reasonable care in the operation of the subject vehicle.

18. As a direct and proximate result of KAYLA MENDOZA’s negligence, KAITLYN

FERRANTE suffered bodily injury and death.

19. As a direct and proximate result of KAYLA MENDOZA’s negligence, the

following damages were suffered:

a. By the ESTATE OF KAITLYN FERRANTE;

i. Medical Expenses;

ii. Funeral Expenses;

iii. Loss of net accumulations; and

iv. All other damages allowable under the Florida Wrongful Death Act.

b. By the decedent’s surviving mother, CHRISTINE FERRANTE;

i. Loss of support and services, past and future;

ii. Mental pain and suffering, past and future;

iii. Loss of companionship and filial consortium, past and future; and

iv. All other damages allowable under the Florida Wrongful Death Act.

WHEREFORE, Plaintiff, CHRISTINE FERRANTE, as Personal Representative of the

Estate of KAITLYN FERRANTE, demands, Judgment for damages, costs and interest against

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Defendant, KAYLA M. MENDOZA, demands trial by jury of all issues so triable, and reserves

the right to amend this Complaint to allege a cause of action for punitive damages at a later date.

COUNT II

VICARIOUS LIABILITY OF FEDERICO JAVIER REYES SANTIAGO

20. The Plaintiff readopts and realleges paragraphs 1 through 14 as if fully

incorporated herein.

21. As the owner of the subject vehicle, a dangerous instrumentality, FEDERICO

JAVIER REYES SANTIAGO is vicariously liable for the negligence of KAYLA MENDOZA.

22. FEDERICO JAVIER REYES SANTIAGO is vicariously liable for the negligence

of KAYLA MENDOZA committed while she was a permissive user of the subject vehicle.

23. As a direct and proximate result of KAYLA MENDOZA’s negligence, for which

FEDERICO JAVIER REYES SANTIAGO is vicariously liable, the following damages were

suffered:

a. By the ESTATE OF KAITLYN FERRANTE;

v. Medical Expenses;

vi. Funeral Expenses;

vii. Loss of net accumulations; and

viii. All other damages allowable under the Florida Wrongful Death Act.

d. By the decedent’s surviving mother, CHRISTINE FERRANTE;

i. Loss of support and services, past and future;

ii. Mental pain and suffering, past and future;

iii. Loss of companionship and filial consortium, past and future; and

iv. All other damages allowable under the Florida Wrongful Death Act.

WHEREFORE, Plaintiff, CHRISTINE FERRANTE, as Personal Representative of the

Estate of KAITLYN FERRANTE, demands, Judgment for damages, costs and interest against

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Defendants, KAYLA M. MENDOZA and FEDERICO JAVIER REYES SANTIAGO,

demands trial by jury of all issues so triable, and reserves the right to amend this Complaint to

allege a cause of action for punitive damages at a later date.

COUNT III-

NEGLIGENT ENTRUSTMENT OF FEDERICO JAVIER REYES SANTIAGO

24. Plaintiff readopts and realleges paragraphs 1 through 24 as if fully incorporated

herein.

25. FEDERICO JAVIER REYES SANTIAGO was the owner of the subject vehicle.

26. FEDERICO JAVIER REYES SANTIAGO entrusted the subject vehicle to

KAYLA MENDOZA.

27. KAYLA MENDOZA was incompetent, inexperienced, or reckless in the

operation of the subject vehicle.

28. FEDERICO JAVIER REYES SANTIAGO knew or, by the exercise of reasonable

care, should have known that KAYLA MENDOZA was incompetent inexperienced or reckless

in the operation of vehicles such as the subject vehicle.

29. KAITLYN FERRANTE was injured as a proximate consequence of the negligence

or incompetency of KAYLA MENDOZA concurring with the negligent entrustment of the

subject vehicle by FEDERICO JAVIER REYES SANTIAGO.

30. As a direct and proximate result of FEDERICO JAVIER REYES SANTIAGO’s

negligent entrustment, KAITLYN FERRANTE suffered bodily injury and death.

31. As a direct and proximate result of FEDERICO JAVIER REYES SANTIAGO’s

negligent entrustment, the following damages were suffered:

a. By the ESTATE OF KAITLYN FERRANTE;

v. Medical Expenses;

vi. Funeral Expenses;

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vii. Loss of net accumulations; and

viii. All other damages allowable under the Florida Wrongful Death Act.

f. By the decedent’s surviving mother, CHRISTINE FERRANTE;

i. Loss of support and services, past and future;

ii. Mental pain and suffering, past and future;

iii. Loss of companionship and filial consortium, past and future; and

iv. All other damages allowable under the Florida Wrongful Death Act.

WHEREFORE, Plaintiff, CHRISTINE FERRANTE, as Personal Representative of the

Estate of KAITLYN FERRANTE, demands Judgment for damages, costs and interest against

Defendants, KAYLA M. MENDOZA and FEDERICO JAVIER REYES SANTIAGO, demands

trial by jury of all issues so triable and reserves the right to amend this Complaint to allege a

cause of action for punitive damages at a later date.

DATED this 4th

day of December 2013.

/s/ Jamie J. Finizio-Bascombe

JAMIE J. FINIZIO-BASCOMBE, ESQ.

FINIZIO & FINIZIO, P.A.

Florida Bar No.: 0981044

106 Southeast Ninth Street

Fort Lauderdale, FL 33316

Telephone: (954) 767-6000

Facsimile: (954) 524-3664

Attorneys for Plaintiff

jamie@finiziolaw.com (primary)

vivian@finiziolaw.com and

elizabeth@finiziolaw.com (secondary)