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Page 1 Complaint (eFiled): Filing# 143588519 E-Filed 02/09/2022 12:15:28
IN
PM
THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
MIRTA GARCIA,
as Personal Representative
ofthe Estate ofNicholas G. Garcia, deceased,
and on behalf of survivors: Mirta Garcia and
CASE NO.:
Jorge E. Garcia,
Plaintiff.
V
TESLA FLORIDA,
INC. a/k/a TESLA, INC.,
MOTORS
TESLA
a Delaware corporation;
FL, INC., a Florida corporation;and
IGNACIO SOCORRO,
individually,
Defendants.
'
COMPLAINT
AND DEMAND FOR JURY TRIAL
PLAINTIFF'S
MIRTA
Plaintiff,
GARCIA,
as Personal
ofthe Estate ofNicholas G. Garcia,
Representative
deceased, for and on behalf ofthe Estate and Survivors thereof (hereinafter,
"Plaintiff'),
hereby sues
Defendants,
MOTORS
TESLA FLORIDA,
INC., a/Wa
and
FL, INC., a Florida corporation;
TESLA,
INC., a Delaware corporation;TESLA
IGNACIO SOCORRO,
and
individually,
states as
follows:
PARTIES, JURISDICTION
1.
This
is
an action for damages that exceeds
exclusive of fees and
($30,000.00),
2.
AND VENUE
THIRTY THOUSAND DOLLARS
costs.
MIRTA GARCIA, is the natural parent ofthe deceased, Nicholas G. Garcia
Plaintiff,
(hereinafter,"Decedent"). Plaintiff, MIRTA
GARCIA,
is
the
duly
appointed Personal
Representativeof the Estate of Nicholas G. Garcia, deceased. Plaintiff has petitionedthe Probate
Division of the Circuit Court of Broward County, Florida,for the administration of the Estate of
DAVIS GoLDMAN,
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BROWARD COUNTY,
MIAMI
FL
IHOLLYWOOD TEL 305-800-6673 F?X 305-675-7880
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BRENDA D. FORMAN, CLERK 02/09/2022
12:15:26
PM.****Page 2 Nicholas G. Garcia,and bringsthis lawsuit for,and on behalf of,the Estate of Nicholas G. Garcia,
deceased, and his Survivors, in her capacityas Personal Representative,
pursuant to Fla. Stat.
§768.20.
3.
At all material times, and at the time of the incident complained of herein,Plaintiff,
MIRTA GARCIA, was the
natural parent
of the deceased, Nicholas G. Garcia, and therefore
is
a
survivor pursuant to Fla. Stat. §768.18.
4.
GARCIA,
As
brings
Personal Representative
ofthe Estate ofNicholas G. Garcia, Plaintiff,
MIRTA
this action, inter alia, for
Decedent's wrongful death in her representative
capacityon behalf of the Estate and the followingsurvivors:
(a) MIRTA
GARCIA, Decedent's mother pursuant to
(b) JORGE E.
5.
and
is
GARCIA,
Fla. Stat. §768.18;
Decedent's father pursuant to Fla.
At all material times,Defendant,
with
a Delaware corporation,
its
Stat.
and
§768.18.
TESLA FLORIDA, INC., a/Wa TESLA, INC., was
principalplace of business in California,and which
is
registeredto transact business in Florida and transacts substantial business in Broward County,
Florida.
6.
Defendant,
At
all
times hereinafter mentioned, and at the time of the incident complained of,
TESLA FLORIDA,
INC., a/Wa
TESLA,
INC., had an office for the transaction of
its
in Broward
customary business in Broward County, Florida,had agents and other representatives
County, Florida, and was actuallydoing business in Broward County, Florida by virtue of
its
designing,assembling,manufacturing,shipping,promoting, selling,
placing into the stream of
TESLA FLORIDA, INC., a/k/a TESLA, INC. motor vehicles
and/or repairing
commerce, servicing,
in
Broward County,
Florida.
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7.
all
times material hereto,Defendant,
TESLA FLORIDA,
INC., a/k/a
TESLA,
amount ofbusiness throughoutthe United States,includingBroward
INC., transacted a significant
TESLA FLORIDA,
County, Florida.
promotes and
INC., a/Wa
warranted
sells
automobiles,
among
other products.At all material times, TESLA
vehicles under the Tesla brand
the State of Florida.
TESLA, INC. designs,manufactures,
markets,
FLORIDA,
INC., designed,manufactured, marketed, promoted, distributed,sold and
TESLA,
its
INC., a/k/a
At
all material
name throughout the United
times, TESLA
States,includingwithin
FLORIDA, INC., a/Wa TESLA, INC. transacted
and conducted substantial and not isolated business within the State of Florida by causing
its
productsto be marketed, distributed and sold within the State of Florida.
8
Defendant,
TESLA FLORIDA, INC., a/k/a TESLA, INC., is subjectto both specific
and generaljurisdiction
within the State of Florida pursuant to
At
9-
Corporationwith
all
times material hereto,Defendant,
its princ*alplaceofbusiness
At
Defendants,
all
shall
§48.193.
TESLA MOTORS
located in California.
TESLA, INC. and TESLA MOTORS FL, INC.
10.
Fla. Stat.
FL, INC., was a Florida
TESLA FLORIDA, INC., a/Wa
be referred to herein as "TESLA.
collectively
.,
times hereinafter mentioned, and at the time of the incident complained of,
TESLA, had one
or
more
offices for the transaction of its customary business in
Broward County, Florida,had agents and other representatives
in Broward County, Florida,and
were actuallydoing business in Broward County, Florida by
of its designing,assembling,
virtue
manufacturing, shipping,promoting, selling,placing into the stream of commerce, servicing,
and/or repairingTesla brand motor vehicles in Broward County, Florida.
At
11.
all
times hereinafter mentioned, Defendants,
marketed, distributed and sold the vehicle identified below and
into the stream
TESLA, designed,manufactured,
at issue in this
lawsuit,placing it
of commerce within the State of Florida.
3
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12.
SOCORRO,
is
information and belief,at
times material hereto,Defendant,
all
IGNACIO
and was a resident of Miami-Dade County, Florida,over the age of eighteen(18)
years and otherwise suijuris.
At
13.
all
times material hereto, Defendant,
IGNACIO SOCORRO, was the
associate
and/or service manager of the Tesla store located at 3851 Bird Road, Miami, Florida 33146
"Tesla Store").
(hereinafter,
14.
are proper
Venue and jurisdiction
15.
All conditions precedent to the bringing of this action have been complied with or
in
Broward County, Florida.
waived.
GENERAL ALLEGATIONS COMMON TO ALL COUNTS
Tesia
Defendant
16.
TESLA is a multinational corporationfounded in 2003
purpose of designing,manufacturing,and sellingsafe
on
streets
all-electric
with the express
powered vehicles
to
be driven
and highways in the United States and other countries.
The Model
17.
unveiled in 2016.
3, one of Tesla's branded
To date,the Model 3
is
model vehicles, is
a four-door sedan first
the best-selling
electric vehicle in both the United States
and the world.
18.
Unlike other automobiles, lighttrucks,and SUV's sold in the United States,Tesla
Model 3, do not have an internal combustion engine.Instead,Tesla vehicles
vehicles,includingthe
are entirely
battery-powered.
19.
safety of
its
TESLA
markets and brands
its
Model
vehicle design and manufacturing.
corporate website that
On
vehicles as follows: it touts the alleged
October 7, 2018, Tesla announced on
its
"Model 3 achieves the lowest probability
ofinjuryof any vehicle ever tested
DAVIS GoLDMAN,
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The range
is
states that its vehicles have longerranges than the competition.
TESLA additionally
measured based on
how
far a vehicle
can travel on a singlecharge,and primarily
depends on the capacityof a vehicle's battery,which in turn depends on the type ofbattery,weight
of vehicle,and
how densely the batterycells
are packed. The
Model
touts an estimated range of
353 miles. In addition,TESLA highlightsthe speed and acceleration of its vehicles. The Model 3
can purportedly accelerate from 0
Tesla's corporate website, the
TESLA
60 miles per hour in as
Model
3
phosphate
batteries
TESLA
little
as 3.1 seconds. According to
comes with "lowered suspension for
also aims to accomplish cost reduction
deliverytimes,in August 2021,
iron
to
and quick deliverytimes. In
introduced a
total control.
its effort to
new type ofbatteryfor the Model
3:
,,2
reduce
lithium
"LFP batteries")produced by Contemporary Amperex
(hereafter,
Technology (hereafter,
"CATL"), a Chinese batterymanufacturer.
The Subject Vehicle
20.
At all times material,Defendants, TESLA, were and are the manufacturer, designer,
distributor, seller, and
vendor
of the
Model
2021
3,
vehicle
identification
number
5YJ3E1EB2MF037962 (the "Subject Vehicle"), which was owned, operated, and used by
Nicholas G. Garcia, deceased.
21.
At
all
times material hereto and
at the
time of the incident complained of,Nicholas
G. Garcia, deceased, was an owner ofthe SubjectVehicle.
22.
Prior to September 13, 2021, Defendants,
TESLA, designed,tested,manufactured,
assembled, tested,marketed, distributed,
leased,sold and/or placed into the stream of commerce
1
nhtsa.
2
https://www.tesla.com/blog/model-3-lowest-probability-injury-any-vehicle-ever-tested(Lastvisited on January 8,2022).
(Lastvisited on January 8,2022).
https://www.tesla.com/model3.
5
DAVIS GoLDMAN,
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The Subiect Incident
On September
23.
13, 2021, the Decedent, 20-year-oldNicholas G. Garcia, deceased,
was drivingthe SubjectVehicle, northbound on Alhambra
Circle in
Miami-Dade County, Florida.
Jazmin G. Alcala, deceased, was travelingas the front seat passenger in the Subject
Additionally,
Vehicle.
As
the Subject Vehicle crossed the intersection of Alhambra Circle and Coral
Way,
the
Subject Vehicle's suspensionfailed,the bottom of the Subject Vehicle impacted the roadway,
batteries
ignited,and sparks immediately shot out from the Subject Vehicle. The Subject Vehicle
veered offroad onto the median, collided with trees, and burst into flames.
24.
By
the time the first respondersarrived on scene, both occupants of the Subject
Vehicle were incinerated beyond recognition.
25.
As
a result of the incident,the Decedent, Nicholas G. Garcia, suffered injuries
that
resulted in his death.
COUNTI
PLAINTIFF'S WRONGFUL DEATH NEGLIGENCE CLAIM AGAINST
DEFENDANT TESLA FLORIDA, INC. a/k/a TESLA, INC.
Plaintiff realleges
and
fullyset
the allegations
contained in paragraphs1 -25 as though
reincorporates
forth herein.
26.
Defendant,
TESLA FLORIDA,
INC., a/k/a
TESLA,
INC., was engaged in the
business of designing,manufacturing, assembling,distributing,
and sellingthe
(includingthe SubjectVehicle) and
INC., a/k/a
27.
its
component
parts,
which Defendant,
Model
vehicles
TESLA FLORIDA,
TESLA, INC., knew would be purchased and used by the generalpublic.
Defendant,
TESLA FLORIDA,
INC.,
a/k/a
TESLA,
INC.,
manufactured,
and sold the subjectModel 3, the SubjectVehicle, involved in this action.
assembled, distributed,
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TESLA FLORIDA, INC.,
Defendant,
a/Wa TESLA, INC., knew,
or, in the exercise
of reasonable care, should have known, that said Model 3 was not properly designed,
manufactured, assembled, tested,inspected,and sold, and knew,
care, should
harm to
have known, that said Model 3, and
its
of reasonable
or, in the exercise
components, created an unreasonable risk of
persons, like the Decedent, Nicholas G. Garcia.
29.
TESLA FLORIDA,
Defendant,
INC., a/k/a
TESLA,
INC.,
owed
a duty to the
decedents and the consuming publicto designits Model 3, includingthe SubjectVehicle, in such
a manner that
be safe and not pose an unreasonable risk of harm to the
it would
the decedents and the
consuming public when
utilized in
life
and safetyof
normal operation and foreseeable
situations.
30.
Defendant,
consumers and users a
TESLA FLORIDA, INC., a/k/a TESLA, INC., owed a duty to convey to
fair
and adequate warning of the dangerous characteristics of the Subject
Vehicle so that the users, in the exercise of reasonable care, would have
fair
and adequate notice
ofthe possibleconsequences ofusing the Subject Vehicle.
31.
TESLA FLORIDA,
Defendant,
INC., a/k/a
TESLA,
INC., negligentlydesigned,
manufactured, assembled, tested,inspected,and sold said vehicle, the Model 3, includingthe
Subject Vehicle, and
its
components, in some and/or
all
of, but not limited to, the following
respects:
(a) Designing, assembling, and manufacturing a suspension that
duringordinaryand foreseeable drivingconditions;
may
(b) Failingto safelydesign a suspensionto avoid and/or protect from
duringordinaryand foreseeable drivingconditions;
fail
failure
(c) Designing, assembling, and manufacturing the Model 3 vehicle and its
components such that the frame, body, suspension, and wheels of the
vehicle remain intact during ordinaryand foreseeable drivingconditions;
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-Page 8 (d) Failingto safelydesign the Model 3 vehicle and its components so that the
frame, body, suspension,and wheels of the vehicle do not fail during
ordinaryand foreseeable drivingconditions;
(e) Designing the Model 3 vehicle and its components such that it inadequately
protects from a loss of control during ordinary and foreseeable driving
conditions;
(f) Failingto provide reasonable and adequatewarnings to users ofthe Model
vehicles as to the vehicle's dangerous propensities,
including,without
limitation,risk of loss of control, component failure,suspension failure,
thermal runaway, and fire;
(g) Failingto provideadequatewarnings to warn the user of circumstances that
may result in loss of control,component failure,suspension failure,thermal
runaway, or fire;
(h) Failingto safelydesign,manufacture, and assemble the SubjectVehicle;
(i) Failing to design, manufacture, and assemble the Subject Vehicle with
materials, components, metals, plastics,and other parts which would
thermal runaway, fire,and/or
prevent component failure,
suspensionfailure,
loss of control;
(j) Designing, assembling and manufacturing a vehicle with a chassis that is
dangerously low and a suspension that inadequately protects the battery
pack from strikingthe ground during normal and reasonably foreseeable
usage of the vehicle;
(k) Designing,assembling and manufacturing a vehicle with a batterypack that
is not properlyprotected,
such that it may strike the roadway duringnormal
and reasonably foreseeable usage of the vehicle; and
(1) Failingto adequatelyprotect againstfire and thermal runaway.
As
32.
a direct and proximate result of the above-described negligence of Defendant,
TESLA FLORIDA, INC., a/k/a TESLA, INC., the above-described incident occurred,and Nicholas
G. Garcia died.
33.
FLORIDA,
As
a further direct and proximate result of negligence of the Defendant,
INC., a/k/a
TESLA, INC., and the wrongful death ofNicholas
G. Garcia,his Estate has
8
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TESLAPage 9 incurred damages pursuant to the Florida Wrongful Death Act, including,
but not limited to, loss
of the prospectivenet accumulations of an
for the
estate,
which might reasonablyhave been expected but
wrongful death, reduced to present money value, medical expenses and/or funeral expenses
that have
as other
become
were paid by or on behalf of Decedent, as well
a charge againsthis Estate or that
damages.
34.
As a further
direct
and proximate result ofthe negligence ofthe Defendant,
FLORIDA, INC., a/k/a TESLA, INC., and the wrongful death ofNicholas G.
mother,
MIRTA GARCIA,
TESLA
Garcia,the Decedent's
has suffered, and will continue to suffer,damages pursuant to the
Florida Wrongful Death Act, including,
but not limited to, lost support and services from the date
of the Decedent's injuryto his death,with interest,
and future loss of support and services from
the date of death and reduced to present value, and mental pain and sufferingfrom the date of
injury,and medical and funeral expenses.
35.
As
a further direct and proximate result of the negligence of Defendant,
FLORIDA, INC., a/k/a TESLA, INC., and the wrongful death ofNicholas E.
father,JORGE E.
GARCIA,
TESLA
Garcia, the Decedent's
has suffered,and will continue to suffer,damages pursuant to the
Florida Wrongful Death Act, including,
but not limited to, lost support and services from the date
of the Decedent's injuryto his death,with interest,
and future loss of support and services from
the date of death and reduced to present value, and mental pain and sufferingfrom the date of
injury,and medical and funeral expenses.
WHEREFORE,
MIRTA
Plaintiff,
GARCIA,
as Personal Representativeof the Estate of
Nicholas G. Garcia, demands judgment againstthe Defendant,
TESLA,
INC., in an amount in excess of THIRTY
TESLA FLORIDA,
THOUSAND DOLLARS
($30,000.00),
together
with interest and costs, which are prayed for in addition thereto.
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INC., a/WaPage 10 COUNT II
PLAINTIFF'S STRICT LIABILITY CLAIM
AGAINST DEFENDANT TESLA FLORIDA, INC. A/K/A TESLA, INC.
Plaintiff
realleges and reincorporatesthe allegationscontained in paragraphs
1 -25
as
though fullyset forth herein.
36.
TESLA FLORIDA,
Defendant,
INC., a/k/a
TESLA,
INC., was engaged in the
business of designing,manufacturing, assembling, distributing,
testing,inspecting,and selling
Model
vehicles (includingthe SubjectVehicle) and its
TESLA FLORIDA, INC.,
component parts, which Defendant,
a/Wa TESLA, INC., knew would be purchased and used by the general
public.
37.
Defendant,
TESLA FLORIDA,
INC.,
a/kfa
TESLA,
INC.,
manufactured,
assembled, tested,inspected,distributed,and sold the SubjectVehicle involved in this action.
38.
On September
13,2021, the SubjectVehicle, and
component parts, were being
its
used for the purposes for which they were intended and in a manner reasonably foreseeable to
Defendant,
39.
TESLA FLORIDA, INC., a/Wa TESLA, INC.
Defendant,
TESLA FLORIDA, INC.,
a/Wa TESLA, INC., designed,manufactured,
assembled, inspected,
tested,distributed,and sold the SubjectVehicle in a manner so as to render
the SubjectVehicle defective and unsafe for
its
intended use, including,
but not limited
to:
(a) Said vehicle was not reasonablyfit for the uses intended or reasonably
foreseeable
by the Defendant,
TESLA FLORIDA,
INC., a/k/a
TESLA,
INC.;
(b) Said vehicle was in a condition unreasonablydangerous to the Decedent
in that said vehicle had a defective and unreasonably dangerous
suspension that may fail during ordinary and foreseeable driving
conditions;
(c) Said vehicle was in a condition unreasonablydangerous to the Decedent
in that said vehicle had a defective and unreasonably dangerous
10
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that
may
cause loss
of control during ordinary and
foreseeable drivingconditions;
(d) Said vehicle was in a condition unreasonably dangerous to the Decedent
in that said vehicle had defective and unreasonably dangerous
components
that
may
fail
during ordinary and foreseeable driving
conditions;
(e) Said vehicle was in a condition unreasonably dangerous to the Decedent
in that said vehicle had defective and unreasonably dangerous
components that may cause loss of control during ordinary and
foreseeable drivingconditions;
(f) Said vehicle was in a condition unreasonably dangerous to the Decedent
in that said vehicle had defective and unreasonably dangerous
components that may cause thermal runaway and/or fire duringordinary
and foreseeable drivingconditions;
(g) Said vehicle was in a condition unreasonablydangerous to the Decedent
in that said vehicle failed to include components and parts that would
protect againstloss of control,component failure,suspensionfailure,
thermal runaway, and fire;
adequate warnings to warn the user of
circumstances that may result in loss of control, component failure,
(h) Said
lacked
vehicle
thermal runaway, and/or fire;
suspensionfailure,
(i) Said vehicle lacked reasonable and adequate warnings to users of the
vehicle as to the vehicle's dangerous propensity,
includingrisks of loss
of control, component failure,suspension failure,thermal runaway,
and/or fire;and
(j) Said vehicle was designed, manufactured and assembled using an
unsafe plan or design and with materials,components, metals, plastics,
and other parts which may result in an unexpected and dangerous loss
of control, component failure,suspension failure,thermal runaway,
and/or
40.
FLORIDA,
fire.
The SubjectVehicle was defective when it left the possessionofDefendant, TESLA
INC., a/k/a
TESLA, INC., and was expectedto, and
without substantial change in
its
did reach, the operator/user/owner
condition.
11
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TESLA FLORIDA, INC., a/Wa TESLA, INC.'s, design,manufacturing,
Defendant,
and
distribution,
assembling,testing,
inspection,
sale
of the SubjectVehicle caused the defective
and unsafe condition as afore-described and alleged,which was the proximate cause ofthe incident
afore-described and alleged,and, as a result,Defendant,
INC.,
is
liable in tort
strictly
As
42.
TESLA FLORIDA,
INC., a/k/a
TESLA,
to Plaintiff.
a direct and proximate result of the above-described conduct of Defendant,
TESLA FLORIDA,
INC., a/Wa
TESLA,
INC., and the above-described condition of the Subject
Vehicle, the above-described incident occurred and Nicholas G. Garcia died.
As
43.
a direct and proximate result of the above-described conduct of Defendant,
TESLA FLORIDA,
INC., a/Wa
TESLA,
INC., the above-described condition of the Subject
Vehicle, and the wrongful death of Nicholas G. Garcia, his Estate has incurred damages pursuant
to the Florida
Wrongful Death Act, including,but not limited
to, loss
of the prospectivenet
accumulations of an estate, which might reasonablyhave been expectedbut for the wrongful death,
reduced to present
value, medical expenses and/or funeral expenses that have become a
money
charge againsthis Estate or that were paid by or on behalf of Decedent, as well as other damages.
44.
As
a direct and proximate result of the above-described conduct of Defendant,
TESLA FLORIDA,
INC., a/Wa
TESLA,
INC., the above-described condition of the Subject
Vehicle, and the wrongful death ofNicholas G. Garcia,the Decedent's mother,
MIRTA GARCIA,
has suffered,and will continue to suffer,damages pursuant to the Florida Wrongful Death Act,
including,but not limited
to, lost support
and services from the date of the Decedent's injuryto
his death,with interest,
and future loss of support and services
to present value, and
from the date of death and reduced
mental pain and sufferingfrom the date of injury,and medical and funeral
expenses.
12
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45.
a direct and proximate result of the above-described conduct of Defendant,
TESLA FLORIDA,
INC., a/Wa
INC., the above-described condition of the Subject
TESLA,
Vehicle, and the wrongful death of Nicholas G. Garcia, the Decedent's father, JORGE E.
GARCIA,
has suffered, and will continue to suffer,damages pursuant to the Florida Wrongful
Death Act, including,but not limited
to, lost support
and services from the date of the Decedent's
and future loss of support and services from the date of death and
injuryto his death, with interest,
reduced
to present
from the date of injury,and medical and
value, and mental pain and suffering
funeral expenses.
WHEREFORE,
MIRTA
Plaintiff,
GARCIA,
as Personal Representativeof the Estate of
Nicholas G. Garcia, demands judgment againstDefendant, TESLA
INC., in an amount in excess of
interest
and
costs,
which
are
FLORIDA, INC. a/Wa TESLA,
THIRTY THOUSAND DOLLARS
prayed for in addition
($30,000.00),togetherwith
thereto.
COUNT III
PLAINTIFF'S WRONGFUL DEATH NEGLIGENCE CLAIM AGAINST
DEFENDANT TESLA MOTORS FL, INC.
Plaintiff realleges
and
fullyset
the allegations
contained in paragraphs1 -25 as though
reincorporates
forth herein.
46.
TESLA MOTORS FL, INC., was engaged in the business of designing,
Defendant,
and selling
the Model 3 vehicles (including
the Subject
manufacturing,assembling,distributing,
Vehicle) and
its
component parts, which Defendant,
TESLA MOTORS FL, INC., knew would be
purchased and used by the generalpublic.
47.
Defendant,
TESLA MOTORS FL, INC., manufactured, assembled, distributed,
and
sold the subjectModel 3, the SubjectVehicle, involved in this action.
13
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care,
Defendant,
TESLA MOTORS
FL, INC., knew,
or, in
the exercise of reasonable
should have known, that said Model 3 was not properlydesigned,manufactured, assembled,
tested,inspected,and sold, and knew,
that said
Model
or, in
the exercise of reasonable care, should have
3, and its components, created an unreasonable risk of
harm
known,
to persons, like the
Decedent, Nicholas G. Garcia.
49.
Defendant,
TESLA MOTORS
FL, INC.,
owed
a duty to the decedents and the
consuming publicto design its Model 3, includingthe SubjectVehicle, in such a manner
would be
the
safe
and not pose an unreasonable
consuming publicwhen
50.
Defendant,
utilized in
risk
ofharm to
the life and safetyofthe decedents and
normal operationand foreseeable
TESLA MOTORS
FL, INC.,
that it
owed
situations.
a duty to convey to consumers and
users a fair and adequate warning of the dangerous characteristics of the Subject Vehicle so that
the users, in the exercise of reasonable care,
would have
fair
and adequate notice of the possible
consequences ofusing the SubjectVehicle.
51.
Defendant,
TESLA MOTORS
FL, INC., negligently designed, manufactured,
assembled, tested,inspected,and sold said vehicle, the Model 3, includingthe SubjectVehicle,
and
its
components, in some and/or
all
of,but not limited to, the followingrespects:
(a) Designing, assembling, and manufacturing a suspension that
duringordinaryand foreseeable drivingconditions;
may
(b) Failingto safelydesign a suspension to avoid and/or protect from
during ordinary and foreseeable drivingconditions;
fail
failure
(c) Designing, assembling, and manufacturing the Model 3 vehicle and its
components such that the frame, body, suspension,and wheels of the
vehicle remain intact during ordinaryand foreseeable drivingconditions;
(d) Failingto safelydesign the Model 3 vehicle and its components so that the
frame, body, suspension,and wheels of the vehicle do not fail during
ordinaryand foreseeable drivingconditions;
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protects from a loss of control during ordinary and foreseeable driving
conditions;
(f) Failingto provide reasonable and adequatewarnings to users ofthe Model
vehicles as to the vehicle's dangerous propensities,
including,without
risk
of
loss
of
limitation,
control, component failure,suspension failure,
thermal runaway, and fire;
(g) Failingto provide adequate warnings to warn the user of circumstances that
may result in loss of control,component failure,suspensionfailure,thermal
runaway, or fire;
(h) Failingto safelydesign,manufacture, and assemble the Subject Vehicle;
(i) Failingto design,manufacture, and assemble the Subject Vehicle with
and other parts which would
materials, components, metals, plastics,
thermal runaway, fire,and/or
prevent component failure,
suspensionfailure,
loss of control;
(j) Designing, assembling and manufacturing a vehicle with a chassis that is
dangerously low and a suspension that inadequatelyprotects the battery
the ground during normal and reasonably foreseeable
pack from striking
of
the
vehicle;
usage
(k) Designing, assembling and manufacturing a vehicle with a batterypack that
is not properlyprotected,
such that it may strike the roadway duringnormal
and reasonablyforeseeable usage of the vehicle; and
(1) Failingto adequatelyprotect againstfire and thermal runaway.
52.
As
a direct and proximate result of the above-described negligence of Defendant,
TESLA MOTORS FL, INC., the
53.
As
above-described incident occurred and Nicholas G. Garcia died.
a further direct and proximate result of negligence of Defendant,
TESLA
MOTORS FL, INC., and the wrongful death ofNicholas G. Garcia,his Estate has incurred damages
but not limited to, loss of the prospective
pursuant to the Florida Wrongful Death Act, including,
net accumulations of an estate, which might reasonably have been expected but for the wrongful
death, reduced to present
money value, medical expenses
and/or funeral expenses that have
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were paid by or on behalf of Decedent, as well
as other
a further direct and proximate result of the negligence of Defendant,
TESLA
a charge againsthis Estate or that
daniages.
54.
As
MOTORS FL, INC., and the wrongful death ofNicholas G. Garcia,the Decedent's mother, MIRTA
GARCIA,
has suffered, and will continue to suffer,damages pursuant to the Florida Wrongful
Death Act, including,but not limited
to, lost support
and services from the date of the Decedent's
and future loss of support and services from the date of death and
injuryto his death, with interest,
reduced
to present
value, and mental pain and sufferingfrom the date of injury,and medical and
funeral expenses.
As a further direct and proximateresult ofthe negligenceofthe Defendant, TESLA
55.
MOTORS FL, INC., and the wrongful death ofNicholas G.
E.
GARCIA, has
Garcia, the Decedent's father,JORGE
suffered,and will continue to suffer,damages pursuant to the Florida Wrongful
Death Act, including,but not limited
to, lost support
and services from the date of Decedent's
and future loss of support and services from the date of death and
injuryto his death, with interest,
reduced to present value, and mental pain and sufferingfrom the date of injury,and medical and
funeral expenses.
WHEREFORE,
MIRTA
Plaintiff,
GARCIA,
as Personal Representativeof the Estate of
Nicholas G. Garcia, demands judgment againstDefendant,
amount
in excess of
costs, which are
THIRTY THOUSAND DOLLARS
TESLA MOTORS
FL, INC., in an
($30,000.00),togetherwith
prayed for in addition thereto.
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andPage 17 COUNT IV
PLAINTIFF'S STRICT LIABILITY CLAIM
AGAINST DEFENDANT TESLA MOTORS FL, INC.
Plaintiff
realleges and reincorporatesthe allegationscontained in paragraphs
1 -25
as
though fullyset forth herein.
56.
Defendant,
TESLA MOTORS FL, INC., was engaged in the business of designing,
manufacturing, assembling, distributing,
testing,inspecting, and selling Model 3 vehicles
the SubjectVehicle)and its component parts, which Defendant,
(including
INC.,
TESLA MOTORS FL,
knew would be purchased and used by the generalpublic.
57.
Defendant,
TESLA MOTORS
FL,
INC.,
manufactured,
and sold the SubjectVehicle involved in this
distributed,
inspected,
58.
On September
13,2021, the Subject Vehicle, and
assembled, tested,
action.
component
its
parts, were being
used for the purposes for which they were intended and in a manner reasonablyforeseeable to the
Defendant,
59.
TESLA MOTORS FL, INC.
Defendant,
TESLA MOTORS
FL, INC., designed, manufactured, assembled,
inspected,tested,distributed,and sold the SubjectVehicle in a manner so as to render the Subject
Vehicle defective and unsafe for its intended use, including,
but not limited
to:
(a) Said vehicle was not reasonablyfit for the uses intended or reasonably
foreseeable
by the Defendant,
TESLA MOTORS FL, INC.;
(b) Said vehicle was in a condition unreasonablydangerousto the Decedent
in that said vehicle had a defective and unreasonably dangerous
suspension that may fail during ordinary and foreseeable driving
conditions;
(c) Said vehicle was in a condition unreasonablydangerous to the Decedent
in that said vehicle had a defective and unreasonably dangerous
suspension that may cause loss of control during ordinary and
foreseeable drivingconditions;
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in that said vehicle had defective and unreasonably dangerous
components that may fail during ordinary and foreseeable driving
conditions;
(e) Said vehicle was in a condition unreasonablydangerous to the Decedent
in that said vehicle had defective and unreasonably dangerous
components that may cause loss of control during ordinary and
foreseeable drivingconditions;
(f) Said vehicle was in a condition unreasonablydangerous to the Decedent
in that said vehicle had defective and unreasonably dangerous
components that may cause thermal runaway and/or fire duringordinary
and foreseeable drivingconditions;
(g) Said vehicle was
unreasonablydangerousto the Decedent
components and parts that would
in a condition
in that said vehicle failed to include
protect againstloss of control,component failure,suspension failure,
thermal runaway, and fire;
(h) Said
adequate warnings to warn the user of
may result in loss of control, component failure,
lacked
vehicle
circumstances that
suspension failure,thermal runaway, and/or fire;
(i) Said vehicle lacked reasonable and adequatewarnings to users of the
vehicle as to the vehicle's dangerouspropensity,
includingrisks of loss
of control, component failure,suspension failure,thermal runaway,
and/or fire;and
(j) Said vehicle was designed,manufactured and assembled using an
unsafe plan or design and with materials,components, metals, plastics,
and other parts which may result in an unexpected and dangerous loss
of control, component failure,suspension failure,thermal runaway,
and/or
60.
fire.
The SubjectVehicle was
defective
MOTORS
FL, INC., and was expected
substantial
change in
61.
its
to,
when it left the possessionofDefendant, TESLA
and did reach, the operator/user/ownerwithout
condition.
Defendant,
TESLA MOTORS
and
distribution,
testing,
inspection,
sale
FL, INC.'s, design, manufacturing, assembling,
of the SubjectVehicle caused the defective and unsafe
condition as afore-described and alleged,
which
was
the proximate cause of the incident afore-
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and, as a result,Defendant,
liable in
TESLA MOTORS FL, INC., is strictly
tort to Plaintiff.
62.
As
a direct and proximate result of the above-described conduct of Defendant,
TESLA MOTORS FL, INC.,
and the above-described condition ofthe SubjectVehicle, the above-
described incident occurred and Nicholas G. Garcia died.
63.
As
TESLA MOTORS
a direct and proximate result of the above-described conduct of Defendant,
FL, INC., the above-described condition of the Subject Vehicle, and the
wrongful death of Nicholas G. Garcia, his Estate has incurred damages pursuant to the Florida
Wrongful Death Act, including,but not limited
to, loss o f the
prospectivenet accumulations o f an
estate,
which might reasonablyhave been expectedbut for the wrongful death,reduced to present
money
value, medical expenses and/or funeral expenses that have become a charge againsthis
Estate or that were paid by or
64.
As
TESLA MOTORS
on behalf of Decedent,
as well as other
damages.
a direct and proximate result of the above-described conduct of Defendant,
FL, INC., the above-described condition of the Subject Vehicle, and the
wrongful death ofNicholas G. Garcia, the Decedent's mother,
will continue to suffer,damages pursuant to the Florida
MIRTA GARCIA, has suffered,and
Wrongful Death Act, including,but not
limited to, lost support and services from the date of the Decedent's injuryto his death, with
and future loss of support and services from the date of death and reduced to present value,
interest,
and mental pain and sufferingfrom the date of injury,and medical and funeral expenses.
As
a direct and proximate result of the above-described conduct of Defendant,
TESLA MOTORS
FL, INC., the above-described condition of the Subject Vehicle, and the
65.
wrongful death ofNicholas G. Garcia, Decedent's father,JORGE E.
will continue to suffer,damages pursuant to the Florida
GARCIA,
has suffered,and
Wrongful Death Act, including,but not
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and future loss of support and services from the date of death and reduced to present value,
interest,
and mental pain and sufferingfrom the date of injury,and medical and funeral expenses.
WHEREFORE,
MIRTA
Plaintiff,
GARCIA,
as Personal Representativeof the Estate of
Nicholas G. Garcia, demands judgment againstDefendant,
amount
costs,
in excess of
THIRTY THOUSAND DOLLARS
which are prayed for
TESLA MOTORS
FL, INC., in an
($30,000.00),togetherwith
interest
and
in addition thereto.
COUNT V
PLAINTIFF'S WRONGFUL DEATH NEGLIGENCE
CLAIM AGAINST
DEFENDANT IGNACIO SOCORRO
Plaintiff realleges
and
the allegations
contained in paragraphs1 -25
reincorporates
as
though
fullyset forth herein.
66.
On
or about September 9, 2021 and at
all
other material times, Defendant,
IGNACIO SOCORRO, was the associate and/or service manager ofthe Tesla Store,which was in
the business of,inter alia,inspecting,
maintaining,servicingand/or repairingTesla vehicles for the
generalpublic.
67.
Upon
information and belief,on or about September 9, 2021, and at
material times,Defendant,
IGNACIO SOCORRO, was responsiblefor the
inspecting,
repairingand warning of the dangers of Tesla vehicles
all
other
servicing,
maintaining,
at the
Tesla Store, by and
contractors or employees operated, controlled,
through his agents, servants, representatives,
maintained, and conducted business.
68.
On
or about September 9, 2021, the Decedent, Nicholas G. Garcia, brought the
Subject Vehicle to the Tesla Store due to the Subject Vehicle's maintenance issues including,but
not limited to, problems with the Subject Vehicle's controllability/steering,
suspension,battery
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to open the doors.
and belief,Defendant IGNACIO
Defendant,
or about that date,upon information
SOCORRO, by and through his agents, servants, representatives,
contractors, or employees, serviced
69.
On
and inspectedthe SubjectVehicle.
IGNACIO SOCORRO,
knew,
or, in
the exercise of reasonable care,
should have known, that the SubjectVehicle was not properlydesigned,manufactured, assembled,
tested,inspected,and sold, and knew,
that the
or, in
the exercise of reasonable care, should have known,
SubjectVehicle, and its components, created an unreasonable
risk
ofharm to persons,
like
the Decedent, Nicholas G. Garcia.
70.
Defendant,
IGNACIO SOCORRO, owed
a duty to the Decedent, Nicholas G.
Garcia,to inspectthe condition of the SubjectVehicle for defects and dangerous conditions that
he could have discovered through the exercise o f reasonable care, in such a manner that it would
be safe and not pose an unreasonable risk o f harm to the
life
and safetyo f the Decedent, Nicholas
G. Garcia, when utilized in normal operationand foreseeable situations.
71.
Defendant,
Nicholas G. Garcia, a
fair
IGNACIO SOCORRO, owed
a duty to convey to the Decedent,
and adequate warning of the dangerous characteristics of the Subject
Vehicle so that the Decedent, Nicholas G. Garcia, in the exercise of reasonable care, would have
fair
and adequatenotice of the possibleconsequences ofusing the SubjectVehicle.
72.
Defendant,
IGNACIO SOCORRO, by
and
through
contractors, or employees, was negligent and otherwise
representatives,
his
fell
agents,
servants,
below acceptable
standards of care including,
but not limited to the following:
to inspectthe SubjectVehicle so that
(a) By negligently
inspectingor failing
defects and dangerous conditions would be discovered, IGNACIO
SOCORRO created an unreasonable risk of harm to the life and safetyof
the Decedent, Nicholas G. Garcia;
DAVIS GoLDMAN,
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defective controllability/steering,
battery,suspension,electronic system,
and/or doors ofthe SubjectVehicle;
(c) Failing to provide reasonable and adequate warnings to the Decedent,
Nicholas G. Garcia, of the Subject Vehicle as to the vehicle's dangerous
propensities,including, without limitation, risk of loss of control,
component failure,suspensionfailure,thermal runaway, and fire;
(d) Failingto provide adequate warnings to warn the Decedent, Nicholas G.
Garcia, of circumstances that may result in loss of control, component
failure,suspensionfailure,thermal runaway, or fire;
(e) Failingto correct a dangerous condition, as described above, of which he
knew or should have known by the use of reasonable care; and
(f) Failingto have appropriatepoliciesand procedures in place so that agents,
and contractors hired to perform servicing,
servants, representatives
repairs,
maintenance and/or inspectionof Tesla vehicles did so in accordance with
acceptable,unambiguous, and consistent standards and procedure for
acceptable maintenance, repairs,servicing and inspection to keep the
Subject Vehicle in a reasonably safe and non-defective condition for the
Decedent, Nicholas G. Garcia.
73.
As
a direct and proximate result of the above-described negligence of Defendant,
IGNACIO SOCORRO,
74.
SOCORRO,
As
the above-described incident occurred, and Nicholas G. Garcia died.
a further direct and proximate result o f negligenceo f the Defendant,
IGNACIO
and the wrongful death of Nicholas G. Garcia, his Estate has incurred damages
pursuant to the Florida Wrongful Death Act, including,but not limited to, loss of the prospective
net accumulations of an estate, which might reasonablyhave been expectedbut for the wrongful
death, reduced to present
become
money
value, medical expenses and/or funeral expenses that have
a charge againsthis Estate or that
were paid by or on behalf of Decedent, as well
as other
daniages.
75.
As
a further direct and proximate result of the negligence of the Defendant,
IGNACIO SOCORRO,
and the wrongful death of Nicholas G. Garcia, the Decedent's mother,
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has suffered,and will continue to suffer,damages pursuant to the Florida
Wrongful Death Act, including,but not limited
to, lost support
and services from the date of the
Decedent's injuryto his death, with interest,
and future loss of support and services from the date
of death and reduced to present value, and mental pain and sufferingfrom the date of injury,and
medical and funeral expenses.
As a further direct and proximate result ofthe negligence ofDefendant, IGNACIO
76.
SOCORRO,
GARCIA,
and the wrongful death of Nicholas E. Garcia, the Decedent's father,JORGE E.
has suffered, and will continue to suffer,damages pursuant to the Florida Wrongful
Death Act, including,but not limited
to, lost support
and services from the date of the Decedent's
and future loss of support and services from the date of death and
injuryto his death,with interest,
reduced
to present
value, and mental pain and sufferingfrom the date of injury,and medical and
funeral expenses.
WHEREFORE,
MIRTA
Plaintiff,
GARCIA,
as Personal Representativeof the Estate of
Nicholas G. Garcia, demands judgment againstthe Defendant,
in excess
are
IGNACIO SOCORRO, in an amount
of THIRTY THOUSAND DOLLARS ($30,000.00),
togetherwith
interest
and
prayed for in addition thereto.
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whichPage 24 DEMAND FOR JURY TRIAL
MIRTA
Plaintiff,
further
GARCIA,
as Personal
demands a trial by jury of all the issues
Dated
'th
this 9?
ofthe Estate ofNicholas G. Garcia,
Representative
triable
by right.
day of February,2022.
RespectfullySubmitted,
DAVIS GOLDMAN, PLLC
for Plaintiff
Attorneys
1441 Brickell Avenue, Suite 1400
Miami, FL 33131
Telephone: (305) 800-6673
Fascimile: (305) 675-7880
Primary Emails: adavis@davisgoldman.com;
mbild@davisgoldman.com
Secondary Email: eservice@davisgoldman.com
/s/ Aaron P.
By-.
Davis
AARON P. DAVIS
Fla.
Bar No. 58463
MICHAEL BILD
Fla.
Bar No. 1003841
24
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PlainSite Cover Page
PDF Page 2
Complaint (eFiled): Filing# 143588519 E-Filed 02/09/2022 12:15:28
IN
PM
THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
MIRTA GARCIA,
as Personal Representative
ofthe Estate ofNicholas G. Garcia, deceased,
and on behalf of survivors: Mirta Garcia and
CASE NO.:
Jorge E. Garcia,
Plaintiff.
V
TESLA FLORIDA,
INC. a/k/a TESLA, INC.,
MOTORS
TESLA
a Delaware corporation;
FL, INC., a Florida corporation;and
IGNACIO SOCORRO,
individually,
Defendants.
'
COMPLAINT
AND DEMAND FOR JURY TRIAL
PLAINTIFF'S
MIRTA
Plaintiff,
GARCIA,
as Personal
ofthe Estate ofNicholas G. Garcia,
Representative
deceased, for and on behalf ofthe Estate and Survivors thereof (hereinafter,
"Plaintiff'),
hereby sues
Defendants,
MOTORS
TESLA FLORIDA,
INC., a/Wa
and
FL, INC., a Florida corporation;
TESLA,
INC., a Delaware corporation;TESLA
IGNACIO SOCORRO,
and
individually,
states as
follows:
PARTIES, JURISDICTION
1.
This
is
an action for damages that exceeds
exclusive of fees and
($30,000.00),
2.
AND VENUE
THIRTY THOUSAND DOLLARS
costs.
MIRTA GARCIA, is the natural parent ofthe deceased, Nicholas G. Garcia
Plaintiff,
(hereinafter,"Decedent"). Plaintiff, MIRTA
GARCIA,
is
the
duly
appointed Personal
Representativeof the Estate of Nicholas G. Garcia, deceased. Plaintiff has petitionedthe Probate
Division of the Circuit Court of Broward County, Florida,for the administration of the Estate of
DAVIS GoLDMAN,
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BROWARD COUNTY,
MIAMI
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BRENDA D. FORMAN, CLERK 02/09/2022
12:15:26
PM.****
PDF Page 3
Nicholas G. Garcia,and bringsthis lawsuit for,and on behalf of,the Estate of Nicholas G. Garcia,
deceased, and his Survivors, in her capacityas Personal Representative,
pursuant to Fla. Stat.
§768.20.
3.
At all material times, and at the time of the incident complained of herein,Plaintiff,
MIRTA GARCIA, was the
natural parent
of the deceased, Nicholas G. Garcia, and therefore
is
a
survivor pursuant to Fla. Stat. §768.18.
4.
GARCIA,
As
brings
Personal Representative
ofthe Estate ofNicholas G. Garcia, Plaintiff,
MIRTA
this action, inter alia, for
Decedent's wrongful death in her representative
capacityon behalf of the Estate and the followingsurvivors:
(a) MIRTA
GARCIA, Decedent's mother pursuant to
(b) JORGE E.
5.
and
is
GARCIA,
Fla. Stat. §768.18;
Decedent's father pursuant to Fla.
At all material times,Defendant,
with
a Delaware corporation,
its
Stat.
and
§768.18.
TESLA FLORIDA, INC., a/Wa TESLA, INC., was
principalplace of business in California,and which
is
registeredto transact business in Florida and transacts substantial business in Broward County,
Florida.
6.
Defendant,
At
all
times hereinafter mentioned, and at the time of the incident complained of,
TESLA FLORIDA,
INC., a/Wa
TESLA,
INC., had an office for the transaction of
its
in Broward
customary business in Broward County, Florida,had agents and other representatives
County, Florida, and was actuallydoing business in Broward County, Florida by virtue of
its
designing,assembling,manufacturing,shipping,promoting, selling,
placing into the stream of
TESLA FLORIDA, INC., a/k/a TESLA, INC. motor vehicles
and/or repairing
commerce, servicing,
in
Broward County,
Florida.
DAVIS GoLDMAN,
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At
7.
all
times material hereto,Defendant,
TESLA FLORIDA,
INC., a/k/a
TESLA,
amount ofbusiness throughoutthe United States,includingBroward
INC., transacted a significant
TESLA FLORIDA,
County, Florida.
promotes and
INC., a/Wa
warranted
sells
automobiles,
among
other products.At all material times, TESLA
vehicles under the Tesla brand
the State of Florida.
TESLA, INC. designs,manufactures,
markets,
FLORIDA,
INC., designed,manufactured, marketed, promoted, distributed,sold and
TESLA,
its
INC., a/k/a
At
all material
name throughout the United
times, TESLA
States,includingwithin
FLORIDA, INC., a/Wa TESLA, INC. transacted
and conducted substantial and not isolated business within the State of Florida by causing
its
productsto be marketed, distributed and sold within the State of Florida.
8
Defendant,
TESLA FLORIDA, INC., a/k/a TESLA, INC., is subjectto both specific
and generaljurisdiction
within the State of Florida pursuant to
At
9-
Corporationwith
all
times material hereto,Defendant,
its princ*alplaceofbusiness
At
Defendants,
all
shall
§48.193.
TESLA MOTORS
located in California.
TESLA, INC. and TESLA MOTORS FL, INC.
10.
Fla. Stat.
FL, INC., was a Florida
TESLA FLORIDA, INC., a/Wa
be referred to herein as "TESLA.
collectively
.,
times hereinafter mentioned, and at the time of the incident complained of,
TESLA, had one
or
more
offices for the transaction of its customary business in
Broward County, Florida,had agents and other representatives
in Broward County, Florida,and
were actuallydoing business in Broward County, Florida by
of its designing,assembling,
virtue
manufacturing, shipping,promoting, selling,placing into the stream of commerce, servicing,
and/or repairingTesla brand motor vehicles in Broward County, Florida.
At
11.
all
times hereinafter mentioned, Defendants,
marketed, distributed and sold the vehicle identified below and
into the stream
TESLA, designed,manufactured,
at issue in this
lawsuit,placing it
of commerce within the State of Florida.
3
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Upon
12.
SOCORRO,
is
information and belief,at
times material hereto,Defendant,
all
IGNACIO
and was a resident of Miami-Dade County, Florida,over the age of eighteen(18)
years and otherwise suijuris.
At
13.
all
times material hereto, Defendant,
IGNACIO SOCORRO, was the
associate
and/or service manager of the Tesla store located at 3851 Bird Road, Miami, Florida 33146
"Tesla Store").
(hereinafter,
14.
are proper
Venue and jurisdiction
15.
All conditions precedent to the bringing of this action have been complied with or
in
Broward County, Florida.
waived.
GENERAL ALLEGATIONS COMMON TO ALL COUNTS
Tesia
Defendant
16.
TESLA is a multinational corporationfounded in 2003
purpose of designing,manufacturing,and sellingsafe
on
streets
all-electric
with the express
powered vehicles
to
be driven
and highways in the United States and other countries.
The Model
17.
unveiled in 2016.
3, one of Tesla's branded
To date,the Model 3
is
model vehicles, is
a four-door sedan first
the best-selling
electric vehicle in both the United States
and the world.
18.
Unlike other automobiles, lighttrucks,and SUV's sold in the United States,Tesla
Model 3, do not have an internal combustion engine.Instead,Tesla vehicles
vehicles,includingthe
are entirely
battery-powered.
19.
safety of
its
TESLA
markets and brands
its
Model
vehicle design and manufacturing.
corporate website that
On
3 vehicles as follows: it touts the alleged
October 7, 2018, Tesla announced on
its
"Model 3 achieves the lowest probability
ofinjuryof any vehicle ever tested
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by NHTSA-"1
The range
is
states that its vehicles have longerranges than the competition.
TESLA additionally
measured based on
how
far a vehicle
can travel on a singlecharge,and primarily
depends on the capacityof a vehicle's battery,which in turn depends on the type ofbattery,weight
of vehicle,and
how densely the batterycells
are packed. The
Model
3 touts an estimated range of
353 miles. In addition,TESLA highlightsthe speed and acceleration of its vehicles. The Model 3
can purportedly accelerate from 0
Tesla's corporate website, the
TESLA
60 miles per hour in as
Model
3
phosphate
batteries
TESLA
little
as 3.1 seconds. According to
comes with "lowered suspension for
also aims to accomplish cost reduction
deliverytimes,in August 2021,
iron
to
and quick deliverytimes. In
introduced a
total control.
its effort to
new type ofbatteryfor the Model
3:
,,2
reduce
lithium
"LFP batteries")produced by Contemporary Amperex
(hereafter,
Technology (hereafter,
"CATL"), a Chinese batterymanufacturer.
The Subject Vehicle
20.
At all times material,Defendants, TESLA, were and are the manufacturer, designer,
distributor, seller, and
vendor
of the
Model
2021
3,
vehicle
identification
number
5YJ3E1EB2MF037962 (the "Subject Vehicle"), which was owned, operated, and used by
Nicholas G. Garcia, deceased.
21.
At
all
times material hereto and
at the
time of the incident complained of,Nicholas
G. Garcia, deceased, was an owner ofthe SubjectVehicle.
22.
Prior to September 13, 2021, Defendants,
TESLA, designed,tested,manufactured,
assembled, tested,marketed, distributed,
leased,sold and/or placed into the stream of commerce
1
nhtsa.
2
https://www.tesla.com/blog/model-3-lowest-probability-injury-any-vehicle-ever-tested(Lastvisited on January 8,2022).
(Lastvisited on January 8,2022).
https://www.tesla.com/model3.
5
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the Subject Vehicle.
The Subiect Incident
On September
23.
13, 2021, the Decedent, 20-year-oldNicholas G. Garcia, deceased,
was drivingthe SubjectVehicle, northbound on Alhambra
Circle in
Miami-Dade County, Florida.
Jazmin G. Alcala, deceased, was travelingas the front seat passenger in the Subject
Additionally,
Vehicle.
As
the Subject Vehicle crossed the intersection of Alhambra Circle and Coral
Way,
the
Subject Vehicle's suspensionfailed,the bottom of the Subject Vehicle impacted the roadway,
batteries
ignited,and sparks immediately shot out from the Subject Vehicle. The Subject Vehicle
veered offroad onto the median, collided with trees, and burst into flames.
24.
By
the time the first respondersarrived on scene, both occupants of the Subject
Vehicle were incinerated beyond recognition.
25.
As
a result of the incident,the Decedent, Nicholas G. Garcia, suffered injuries
that
resulted in his death.
COUNTI
PLAINTIFF'S WRONGFUL DEATH NEGLIGENCE CLAIM AGAINST
DEFENDANT TESLA FLORIDA, INC. a/k/a TESLA, INC.
Plaintiff realleges
and
fullyset
the allegations
contained in paragraphs1 -25 as though
reincorporates
forth herein.
26.
Defendant,
TESLA FLORIDA,
INC., a/k/a
TESLA,
INC., was engaged in the
business of designing,manufacturing, assembling,distributing,
and sellingthe
(includingthe SubjectVehicle) and
INC., a/k/a
27.
its
component
parts,
which Defendant,
Model
3 vehicles
TESLA FLORIDA,
TESLA, INC., knew would be purchased and used by the generalpublic.
Defendant,
TESLA FLORIDA,
INC.,
a/k/a
TESLA,
INC.,
manufactured,
and sold the subjectModel 3, the SubjectVehicle, involved in this action.
assembled, distributed,
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28.
TESLA FLORIDA, INC.,
Defendant,
a/Wa TESLA, INC., knew,
or, in the exercise
of reasonable care, should have known, that said Model 3 was not properly designed,
manufactured, assembled, tested,inspected,and sold, and knew,
care, should
harm to
have known, that said Model 3, and
its
of reasonable
or, in the exercise
components, created an unreasonable risk of
persons, like the Decedent, Nicholas G. Garcia.
29.
TESLA FLORIDA,
Defendant,
INC., a/k/a
TESLA,
INC.,
owed
a duty to the
decedents and the consuming publicto designits Model 3, includingthe SubjectVehicle, in such
a manner that
be safe and not pose an unreasonable risk of harm to the
it would
the decedents and the
consuming public when
utilized in
life
and safetyof
normal operation and foreseeable
situations.
30.
Defendant,
consumers and users a
TESLA FLORIDA, INC., a/k/a TESLA, INC., owed a duty to convey to
fair
and adequate warning of the dangerous characteristics of the Subject
Vehicle so that the users, in the exercise of reasonable care, would have
fair
and adequate notice
ofthe possibleconsequences ofusing the Subject Vehicle.
31.
TESLA FLORIDA,
Defendant,
INC., a/k/a
TESLA,
INC., negligentlydesigned,
manufactured, assembled, tested,inspected,and sold said vehicle, the Model 3, includingthe
Subject Vehicle, and
its
components, in some and/or
all
of, but not limited to, the following
respects:
(a) Designing, assembling, and manufacturing a suspension that
duringordinaryand foreseeable drivingconditions;
may
(b) Failingto safelydesign a suspensionto avoid and/or protect from
duringordinaryand foreseeable drivingconditions;
fail
failure
(c) Designing, assembling, and manufacturing the Model 3 vehicle and its
components such that the frame, body, suspension, and wheels of the
vehicle remain intact during ordinaryand foreseeable drivingconditions;
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(d) Failingto safelydesign the Model 3 vehicle and its components so that the
frame, body, suspension,and wheels of the vehicle do not fail during
ordinaryand foreseeable drivingconditions;
(e) Designing the Model 3 vehicle and its components such that it inadequately
protects from a loss of control during ordinary and foreseeable driving
conditions;
(f) Failingto provide reasonable and adequatewarnings to users ofthe Model
3 vehicles as to the vehicle's dangerous propensities,
including,without
limitation,risk of loss of control, component failure,suspension failure,
thermal runaway, and fire;
(g) Failingto provideadequatewarnings to warn the user of circumstances that
may result in loss of control,component failure,suspension failure,thermal
runaway, or fire;
(h) Failingto safelydesign,manufacture, and assemble the SubjectVehicle;
(i) Failing to design, manufacture, and assemble the Subject Vehicle with
materials, components, metals, plastics,and other parts which would
thermal runaway, fire,and/or
prevent component failure,
suspensionfailure,
loss of control;
(j) Designing, assembling and manufacturing a vehicle with a chassis that is
dangerously low and a suspension that inadequately protects the battery
pack from strikingthe ground during normal and reasonably foreseeable
usage of the vehicle;
(k) Designing,assembling and manufacturing a vehicle with a batterypack that
is not properlyprotected,
such that it may strike the roadway duringnormal
and reasonably foreseeable usage of the vehicle; and
(1) Failingto adequatelyprotect againstfire and thermal runaway.
As
32.
a direct and proximate result of the above-described negligence of Defendant,
TESLA FLORIDA, INC., a/k/a TESLA, INC., the above-described incident occurred,and Nicholas
G. Garcia died.
33.
FLORIDA,
As
a further direct and proximate result of negligence of the Defendant,
INC., a/k/a
TESLA, INC., and the wrongful death ofNicholas
G. Garcia,his Estate has
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incurred damages pursuant to the Florida Wrongful Death Act, including,
but not limited to, loss
of the prospectivenet accumulations of an
for the
estate,
which might reasonablyhave been expected but
wrongful death, reduced to present money value, medical expenses and/or funeral expenses
that have
as other
become
were paid by or on behalf of Decedent, as well
a charge againsthis Estate or that
damages.
34.
As a further
direct
and proximate result ofthe negligence ofthe Defendant,
FLORIDA, INC., a/k/a TESLA, INC., and the wrongful death ofNicholas G.
mother,
MIRTA GARCIA,
TESLA
Garcia,the Decedent's
has suffered, and will continue to suffer,damages pursuant to the
Florida Wrongful Death Act, including,
but not limited to, lost support and services from the date
of the Decedent's injuryto his death,with interest,
and future loss of support and services from
the date of death and reduced to present value, and mental pain and sufferingfrom the date of
injury,and medical and funeral expenses.
35.
As
a further direct and proximate result of the negligence of Defendant,
FLORIDA, INC., a/k/a TESLA, INC., and the wrongful death ofNicholas E.
father,JORGE E.
GARCIA,
TESLA
Garcia, the Decedent's
has suffered,and will continue to suffer,damages pursuant to the
Florida Wrongful Death Act, including,
but not limited to, lost support and services from the date
of the Decedent's injuryto his death,with interest,
and future loss of support and services from
the date of death and reduced to present value, and mental pain and sufferingfrom the date of
injury,and medical and funeral expenses.
WHEREFORE,
MIRTA
Plaintiff,
GARCIA,
as Personal Representativeof the Estate of
Nicholas G. Garcia, demands judgment againstthe Defendant,
TESLA,
INC., in an amount in excess of THIRTY
TESLA FLORIDA,
THOUSAND DOLLARS
($30,000.00),
together
with interest and costs, which are prayed for in addition thereto.
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COUNT II
PLAINTIFF'S STRICT LIABILITY CLAIM
AGAINST DEFENDANT TESLA FLORIDA, INC. A/K/A TESLA, INC.
Plaintiff
realleges and reincorporatesthe allegationscontained in paragraphs
1 -25
as
though fullyset forth herein.
36.
TESLA FLORIDA,
Defendant,
INC., a/k/a
TESLA,
INC., was engaged in the
business of designing,manufacturing, assembling, distributing,
testing,inspecting,and selling
Model
3 vehicles (includingthe SubjectVehicle) and its
TESLA FLORIDA, INC.,
component parts, which Defendant,
a/Wa TESLA, INC., knew would be purchased and used by the general
public.
37.
Defendant,
TESLA FLORIDA,
INC.,
a/kfa
TESLA,
INC.,
manufactured,
assembled, tested,inspected,distributed,and sold the SubjectVehicle involved in this action.
38.
On September
13,2021, the SubjectVehicle, and
component parts, were being
its
used for the purposes for which they were intended and in a manner reasonably foreseeable to
Defendant,
39.
TESLA FLORIDA, INC., a/Wa TESLA, INC.
Defendant,
TESLA FLORIDA, INC.,
a/Wa TESLA, INC., designed,manufactured,
assembled, inspected,
tested,distributed,and sold the SubjectVehicle in a manner so as to render
the SubjectVehicle defective and unsafe for
its
intended use, including,
but not limited
to:
(a) Said vehicle was not reasonablyfit for the uses intended or reasonably
foreseeable
by the Defendant,
TESLA FLORIDA,
INC., a/k/a
TESLA,
INC.;
(b) Said vehicle was in a condition unreasonablydangerous to the Decedent
in that said vehicle had a defective and unreasonably dangerous
suspension that may fail during ordinary and foreseeable driving
conditions;
(c) Said vehicle was in a condition unreasonablydangerous to the Decedent
in that said vehicle had a defective and unreasonably dangerous
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suspension
that
may
cause loss
of control during ordinary and
foreseeable drivingconditions;
(d) Said vehicle was in a condition unreasonably dangerous to the Decedent
in that said vehicle had defective and unreasonably dangerous
components
that
may
fail
during ordinary and foreseeable driving
conditions;
(e) Said vehicle was in a condition unreasonably dangerous to the Decedent
in that said vehicle had defective and unreasonably dangerous
components that may cause loss of control during ordinary and
foreseeable drivingconditions;
(f) Said vehicle was in a condition unreasonably dangerous to the Decedent
in that said vehicle had defective and unreasonably dangerous
components that may cause thermal runaway and/or fire duringordinary
and foreseeable drivingconditions;
(g) Said vehicle was in a condition unreasonablydangerous to the Decedent
in that said vehicle failed to include components and parts that would
protect againstloss of control,component failure,suspensionfailure,
thermal runaway, and fire;
adequate warnings to warn the user of
circumstances that may result in loss of control, component failure,
(h) Said
lacked
vehicle
thermal runaway, and/or fire;
suspensionfailure,
(i) Said vehicle lacked reasonable and adequate warnings to users of the
vehicle as to the vehicle's dangerous propensity,
includingrisks of loss
of control, component failure,suspension failure,thermal runaway,
and/or fire;and
(j) Said vehicle was designed, manufactured and assembled using an
unsafe plan or design and with materials,components, metals, plastics,
and other parts which may result in an unexpected and dangerous loss
of control, component failure,suspension failure,thermal runaway,
and/or
40.
FLORIDA,
fire.
The SubjectVehicle was defective when it left the possessionofDefendant, TESLA
INC., a/k/a
TESLA, INC., and was expectedto, and
without substantial change in
its
did reach, the operator/user/owner
condition.
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41.
TESLA FLORIDA, INC., a/Wa TESLA, INC.'s, design,manufacturing,
Defendant,
and
distribution,
assembling,testing,
inspection,
sale
of the SubjectVehicle caused the defective
and unsafe condition as afore-described and alleged,which was the proximate cause ofthe incident
afore-described and alleged,and, as a result,Defendant,
INC.,
is
liable in tort
strictly
As
42.
TESLA FLORIDA,
INC., a/k/a
TESLA,
to Plaintiff.
a direct and proximate result of the above-described conduct of Defendant,
TESLA FLORIDA,
INC., a/Wa
TESLA,
INC., and the above-described condition of the Subject
Vehicle, the above-described incident occurred and Nicholas G. Garcia died.
As
43.
a direct and proximate result of the above-described conduct of Defendant,
TESLA FLORIDA,
INC., a/Wa
TESLA,
INC., the above-described condition of the Subject
Vehicle, and the wrongful death of Nicholas G. Garcia, his Estate has incurred damages pursuant
to the Florida
Wrongful Death Act, including,but not limited
to, loss
of the prospectivenet
accumulations of an estate, which might reasonablyhave been expectedbut for the wrongful death,
reduced to present
value, medical expenses and/or funeral expenses that have become a
money
charge againsthis Estate or that were paid by or on behalf of Decedent, as well as other damages.
44.
As
a direct and proximate result of the above-described conduct of Defendant,
TESLA FLORIDA,
INC., a/Wa
TESLA,
INC., the above-described condition of the Subject
Vehicle, and the wrongful death ofNicholas G. Garcia,the Decedent's mother,
MIRTA GARCIA,
has suffered,and will continue to suffer,damages pursuant to the Florida Wrongful Death Act,
including,but not limited
to, lost support
and services from the date of the Decedent's injuryto
his death,with interest,
and future loss of support and services
to present value, and
from the date of death and reduced
mental pain and sufferingfrom the date of injury,and medical and funeral
expenses.
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As
45.
a direct and proximate result of the above-described conduct of Defendant,
TESLA FLORIDA,
INC., a/Wa
INC., the above-described condition of the Subject
TESLA,
Vehicle, and the wrongful death of Nicholas G. Garcia, the Decedent's father, JORGE E.
GARCIA,
has suffered, and will continue to suffer,damages pursuant to the Florida Wrongful
Death Act, including,but not limited
to, lost support
and services from the date of the Decedent's
and future loss of support and services from the date of death and
injuryto his death, with interest,
reduced
to present
from the date of injury,and medical and
value, and mental pain and suffering
funeral expenses.
WHEREFORE,
MIRTA
Plaintiff,
GARCIA,
as Personal Representativeof the Estate of
Nicholas G. Garcia, demands judgment againstDefendant, TESLA
INC., in an amount in excess of
interest
and
costs,
which
are
FLORIDA, INC. a/Wa TESLA,
THIRTY THOUSAND DOLLARS
prayed for in addition
($30,000.00),togetherwith
thereto.
COUNT III
PLAINTIFF'S WRONGFUL DEATH NEGLIGENCE CLAIM AGAINST
DEFENDANT TESLA MOTORS FL, INC.
Plaintiff realleges
and
fullyset
the allegations
contained in paragraphs1 -25 as though
reincorporates
forth herein.
46.
TESLA MOTORS FL, INC., was engaged in the business of designing,
Defendant,
and selling
the Model 3 vehicles (including
the Subject
manufacturing,assembling,distributing,
Vehicle) and
its
component parts, which Defendant,
TESLA MOTORS FL, INC., knew would be
purchased and used by the generalpublic.
47.
Defendant,
TESLA MOTORS FL, INC., manufactured, assembled, distributed,
and
sold the subjectModel 3, the SubjectVehicle, involved in this action.
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48.
care,
Defendant,
TESLA MOTORS
FL, INC., knew,
or, in
the exercise of reasonable
should have known, that said Model 3 was not properlydesigned,manufactured, assembled,
tested,inspected,and sold, and knew,
that said
Model
or, in
the exercise of reasonable care, should have
3, and its components, created an unreasonable risk of
harm
known,
to persons, like the
Decedent, Nicholas G. Garcia.
49.
Defendant,
TESLA MOTORS
FL, INC.,
owed
a duty to the decedents and the
consuming publicto design its Model 3, includingthe SubjectVehicle, in such a manner
would be
the
safe
and not pose an unreasonable
consuming publicwhen
50.
Defendant,
utilized in
risk
ofharm to
the life and safetyofthe decedents and
normal operationand foreseeable
TESLA MOTORS
FL, INC.,
that it
owed
situations.
a duty to convey to consumers and
users a fair and adequate warning of the dangerous characteristics of the Subject Vehicle so that
the users, in the exercise of reasonable care,
would have
fair
and adequate notice of the possible
consequences ofusing the SubjectVehicle.
51.
Defendant,
TESLA MOTORS
FL, INC., negligently designed, manufactured,
assembled, tested,inspected,and sold said vehicle, the Model 3, includingthe SubjectVehicle,
and
its
components, in some and/or
all
of,but not limited to, the followingrespects:
(a) Designing, assembling, and manufacturing a suspension that
duringordinaryand foreseeable drivingconditions;
may
(b) Failingto safelydesign a suspension to avoid and/or protect from
during ordinary and foreseeable drivingconditions;
fail
failure
(c) Designing, assembling, and manufacturing the Model 3 vehicle and its
components such that the frame, body, suspension,and wheels of the
vehicle remain intact during ordinaryand foreseeable drivingconditions;
(d) Failingto safelydesign the Model 3 vehicle and its components so that the
frame, body, suspension,and wheels of the vehicle do not fail during
ordinaryand foreseeable drivingconditions;
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(e) Designing the Model 3 vehicle and its components such that it inadequately
protects from a loss of control during ordinary and foreseeable driving
conditions;
(f) Failingto provide reasonable and adequatewarnings to users ofthe Model
3 vehicles as to the vehicle's dangerous propensities,
including,without
risk
of
loss
of
limitation,
control, component failure,suspension failure,
thermal runaway, and fire;
(g) Failingto provide adequate warnings to warn the user of circumstances that
may result in loss of control,component failure,suspensionfailure,thermal
runaway, or fire;
(h) Failingto safelydesign,manufacture, and assemble the Subject Vehicle;
(i) Failingto design,manufacture, and assemble the Subject Vehicle with
and other parts which would
materials, components, metals, plastics,
thermal runaway, fire,and/or
prevent component failure,
suspensionfailure,
loss of control;
(j) Designing, assembling and manufacturing a vehicle with a chassis that is
dangerously low and a suspension that inadequatelyprotects the battery
the ground during normal and reasonably foreseeable
pack from striking
of
the
vehicle;
usage
(k) Designing, assembling and manufacturing a vehicle with a batterypack that
is not properlyprotected,
such that it may strike the roadway duringnormal
and reasonablyforeseeable usage of the vehicle; and
(1) Failingto adequatelyprotect againstfire and thermal runaway.
52.
As
a direct and proximate result of the above-described negligence of Defendant,
TESLA MOTORS FL, INC., the
53.
As
above-described incident occurred and Nicholas G. Garcia died.
a further direct and proximate result of negligence of Defendant,
TESLA
MOTORS FL, INC., and the wrongful death ofNicholas G. Garcia,his Estate has incurred damages
but not limited to, loss of the prospective
pursuant to the Florida Wrongful Death Act, including,
net accumulations of an estate, which might reasonably have been expected but for the wrongful
death, reduced to present
money value, medical expenses
and/or funeral expenses that have
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become
were paid by or on behalf of Decedent, as well
as other
a further direct and proximate result of the negligence of Defendant,
TESLA
a charge againsthis Estate or that
daniages.
54.
As
MOTORS FL, INC., and the wrongful death ofNicholas G. Garcia,the Decedent's mother, MIRTA
GARCIA,
has suffered, and will continue to suffer,damages pursuant to the Florida Wrongful
Death Act, including,but not limited
to, lost support
and services from the date of the Decedent's
and future loss of support and services from the date of death and
injuryto his death, with interest,
reduced
to present
value, and mental pain and sufferingfrom the date of injury,and medical and
funeral expenses.
As a further direct and proximateresult ofthe negligenceofthe Defendant, TESLA
55.
MOTORS FL, INC., and the wrongful death ofNicholas G.
E.
GARCIA, has
Garcia, the Decedent's father,JORGE
suffered,and will continue to suffer,damages pursuant to the Florida Wrongful
Death Act, including,but not limited
to, lost support
and services from the date of Decedent's
and future loss of support and services from the date of death and
injuryto his death, with interest,
reduced to present value, and mental pain and sufferingfrom the date of injury,and medical and
funeral expenses.
WHEREFORE,
MIRTA
Plaintiff,
GARCIA,
as Personal Representativeof the Estate of
Nicholas G. Garcia, demands judgment againstDefendant,
amount
in excess of
costs, which are
THIRTY THOUSAND DOLLARS
TESLA MOTORS
FL, INC., in an
($30,000.00),togetherwith
prayed for in addition thereto.
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interest
and
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COUNT IV
PLAINTIFF'S STRICT LIABILITY CLAIM
AGAINST DEFENDANT TESLA MOTORS FL, INC.
Plaintiff
realleges and reincorporatesthe allegationscontained in paragraphs
1 -25
as
though fullyset forth herein.
56.
Defendant,
TESLA MOTORS FL, INC., was engaged in the business of designing,
manufacturing, assembling, distributing,
testing,inspecting, and selling Model 3 vehicles
the SubjectVehicle)and its component parts, which Defendant,
(including
INC.,
TESLA MOTORS FL,
knew would be purchased and used by the generalpublic.
57.
Defendant,
TESLA MOTORS
FL,
INC.,
manufactured,
and sold the SubjectVehicle involved in this
distributed,
inspected,
58.
On September
13,2021, the Subject Vehicle, and
assembled, tested,
action.
component
its
parts, were being
used for the purposes for which they were intended and in a manner reasonablyforeseeable to the
Defendant,
59.
TESLA MOTORS FL, INC.
Defendant,
TESLA MOTORS
FL, INC., designed, manufactured, assembled,
inspected,tested,distributed,and sold the SubjectVehicle in a manner so as to render the Subject
Vehicle defective and unsafe for its intended use, including,
but not limited
to:
(a) Said vehicle was not reasonablyfit for the uses intended or reasonably
foreseeable
by the Defendant,
TESLA MOTORS FL, INC.;
(b) Said vehicle was in a condition unreasonablydangerousto the Decedent
in that said vehicle had a defective and unreasonably dangerous
suspension that may fail during ordinary and foreseeable driving
conditions;
(c) Said vehicle was in a condition unreasonablydangerous to the Decedent
in that said vehicle had a defective and unreasonably dangerous
suspension that may cause loss of control during ordinary and
foreseeable drivingconditions;
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(d) Said vehicle was in a condition unreasonablydangerous to the Decedent
in that said vehicle had defective and unreasonably dangerous
components that may fail during ordinary and foreseeable driving
conditions;
(e) Said vehicle was in a condition unreasonablydangerous to the Decedent
in that said vehicle had defective and unreasonably dangerous
components that may cause loss of control during ordinary and
foreseeable drivingconditions;
(f) Said vehicle was in a condition unreasonablydangerous to the Decedent
in that said vehicle had defective and unreasonably dangerous
components that may cause thermal runaway and/or fire duringordinary
and foreseeable drivingconditions;
(g) Said vehicle was
unreasonablydangerousto the Decedent
components and parts that would
in a condition
in that said vehicle failed to include
protect againstloss of control,component failure,suspension failure,
thermal runaway, and fire;
(h) Said
adequate warnings to warn the user of
may result in loss of control, component failure,
lacked
vehicle
circumstances that
suspension failure,thermal runaway, and/or fire;
(i) Said vehicle lacked reasonable and adequatewarnings to users of the
vehicle as to the vehicle's dangerouspropensity,
includingrisks of loss
of control, component failure,suspension failure,thermal runaway,
and/or fire;and
(j) Said vehicle was designed,manufactured and assembled using an
unsafe plan or design and with materials,components, metals, plastics,
and other parts which may result in an unexpected and dangerous loss
of control, component failure,suspension failure,thermal runaway,
and/or
60.
fire.
The SubjectVehicle was
defective
MOTORS
FL, INC., and was expected
substantial
change in
61.
its
to,
when it left the possessionofDefendant, TESLA
and did reach, the operator/user/ownerwithout
condition.
Defendant,
TESLA MOTORS
and
distribution,
testing,
inspection,
sale
FL, INC.'s, design, manufacturing, assembling,
of the SubjectVehicle caused the defective and unsafe
condition as afore-described and alleged,
which
was
the proximate cause of the incident afore-
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described and alleged,
and, as a result,Defendant,
liable in
TESLA MOTORS FL, INC., is strictly
tort to Plaintiff.
62.
As
a direct and proximate result of the above-described conduct of Defendant,
TESLA MOTORS FL, INC.,
and the above-described condition ofthe SubjectVehicle, the above-
described incident occurred and Nicholas G. Garcia died.
63.
As
TESLA MOTORS
a direct and proximate result of the above-described conduct of Defendant,
FL, INC., the above-described condition of the Subject Vehicle, and the
wrongful death of Nicholas G. Garcia, his Estate has incurred damages pursuant to the Florida
Wrongful Death Act, including,but not limited
to, loss o f the
prospectivenet accumulations o f an
estate,
which might reasonablyhave been expectedbut for the wrongful death,reduced to present
money
value, medical expenses and/or funeral expenses that have become a charge againsthis
Estate or that were paid by or
64.
As
TESLA MOTORS
on behalf of Decedent,
as well as other
damages.
a direct and proximate result of the above-described conduct of Defendant,
FL, INC., the above-described condition of the Subject Vehicle, and the
wrongful death ofNicholas G. Garcia, the Decedent's mother,
will continue to suffer,damages pursuant to the Florida
MIRTA GARCIA, has suffered,and
Wrongful Death Act, including,but not
limited to, lost support and services from the date of the Decedent's injuryto his death, with
and future loss of support and services from the date of death and reduced to present value,
interest,
and mental pain and sufferingfrom the date of injury,and medical and funeral expenses.
As
a direct and proximate result of the above-described conduct of Defendant,
TESLA MOTORS
FL, INC., the above-described condition of the Subject Vehicle, and the
65.
wrongful death ofNicholas G. Garcia, Decedent's father,JORGE E.
will continue to suffer,damages pursuant to the Florida
GARCIA,
has suffered,and
Wrongful Death Act, including,but not
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limited to, lost support and services from the date of the Decedent's injuryto his death, with
and future loss of support and services from the date of death and reduced to present value,
interest,
and mental pain and sufferingfrom the date of injury,and medical and funeral expenses.
WHEREFORE,
MIRTA
Plaintiff,
GARCIA,
as Personal Representativeof the Estate of
Nicholas G. Garcia, demands judgment againstDefendant,
amount
costs,
in excess of
THIRTY THOUSAND DOLLARS
which are prayed for
TESLA MOTORS
FL, INC., in an
($30,000.00),togetherwith
interest
and
in addition thereto.
COUNT V
PLAINTIFF'S WRONGFUL DEATH NEGLIGENCE
CLAIM AGAINST
DEFENDANT IGNACIO SOCORRO
Plaintiff realleges
and
the allegations
contained in paragraphs1 -25
reincorporates
as
though
fullyset forth herein.
66.
On
or about September 9, 2021 and at
all
other material times, Defendant,
IGNACIO SOCORRO, was the associate and/or service manager ofthe Tesla Store,which was in
the business of,inter alia,inspecting,
maintaining,servicingand/or repairingTesla vehicles for the
generalpublic.
67.
Upon
information and belief,on or about September 9, 2021, and at
material times,Defendant,
IGNACIO SOCORRO, was responsiblefor the
inspecting,
repairingand warning of the dangers of Tesla vehicles
all
other
servicing,
maintaining,
at the
Tesla Store, by and
contractors or employees operated, controlled,
through his agents, servants, representatives,
maintained, and conducted business.
68.
On
or about September 9, 2021, the Decedent, Nicholas G. Garcia, brought the
Subject Vehicle to the Tesla Store due to the Subject Vehicle's maintenance issues including,but
not limited to, problems with the Subject Vehicle's controllability/steering,
suspension,battery
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and electronic system, and an ability
to open the doors.
and belief,Defendant IGNACIO
Defendant,
or about that date,upon information
SOCORRO, by and through his agents, servants, representatives,
contractors, or employees, serviced
69.
On
and inspectedthe SubjectVehicle.
IGNACIO SOCORRO,
knew,
or, in
the exercise of reasonable care,
should have known, that the SubjectVehicle was not properlydesigned,manufactured, assembled,
tested,inspected,and sold, and knew,
that the
or, in
the exercise of reasonable care, should have known,
SubjectVehicle, and its components, created an unreasonable
risk
ofharm to persons,
like
the Decedent, Nicholas G. Garcia.
70.
Defendant,
IGNACIO SOCORRO, owed
a duty to the Decedent, Nicholas G.
Garcia,to inspectthe condition of the SubjectVehicle for defects and dangerous conditions that
he could have discovered through the exercise o f reasonable care, in such a manner that it would
be safe and not pose an unreasonable risk o f harm to the
life
and safetyo f the Decedent, Nicholas
G. Garcia, when utilized in normal operationand foreseeable situations.
71.
Defendant,
Nicholas G. Garcia, a
fair
IGNACIO SOCORRO, owed
a duty to convey to the Decedent,
and adequate warning of the dangerous characteristics of the Subject
Vehicle so that the Decedent, Nicholas G. Garcia, in the exercise of reasonable care, would have
fair
and adequatenotice of the possibleconsequences ofusing the SubjectVehicle.
72.
Defendant,
IGNACIO SOCORRO, by
and
through
contractors, or employees, was negligent and otherwise
representatives,
his
fell
agents,
servants,
below acceptable
standards of care including,
but not limited to the following:
to inspectthe SubjectVehicle so that
(a) By negligently
inspectingor failing
defects and dangerous conditions would be discovered, IGNACIO
SOCORRO created an unreasonable risk of harm to the life and safetyof
the Decedent, Nicholas G. Garcia;
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(b) Failing to replace and/or repair the malfunctioning,dangerous and/or
defective controllability/steering,
battery,suspension,electronic system,
and/or doors ofthe SubjectVehicle;
(c) Failing to provide reasonable and adequate warnings to the Decedent,
Nicholas G. Garcia, of the Subject Vehicle as to the vehicle's dangerous
propensities,including, without limitation, risk of loss of control,
component failure,suspensionfailure,thermal runaway, and fire;
(d) Failingto provide adequate warnings to warn the Decedent, Nicholas G.
Garcia, of circumstances that may result in loss of control, component
failure,suspensionfailure,thermal runaway, or fire;
(e) Failingto correct a dangerous condition, as described above, of which he
knew or should have known by the use of reasonable care; and
(f) Failingto have appropriatepoliciesand procedures in place so that agents,
and contractors hired to perform servicing,
servants, representatives
repairs,
maintenance and/or inspectionof Tesla vehicles did so in accordance with
acceptable,unambiguous, and consistent standards and procedure for
acceptable maintenance, repairs,servicing and inspection to keep the
Subject Vehicle in a reasonably safe and non-defective condition for the
Decedent, Nicholas G. Garcia.
73.
As
a direct and proximate result of the above-described negligence of Defendant,
IGNACIO SOCORRO,
74.
SOCORRO,
As
the above-described incident occurred, and Nicholas G. Garcia died.
a further direct and proximate result o f negligenceo f the Defendant,
IGNACIO
and the wrongful death of Nicholas G. Garcia, his Estate has incurred damages
pursuant to the Florida Wrongful Death Act, including,but not limited to, loss of the prospective
net accumulations of an estate, which might reasonablyhave been expectedbut for the wrongful
death, reduced to present
become
money
value, medical expenses and/or funeral expenses that have
a charge againsthis Estate or that
were paid by or on behalf of Decedent, as well
as other
daniages.
75.
As
a further direct and proximate result of the negligence of the Defendant,
IGNACIO SOCORRO,
and the wrongful death of Nicholas G. Garcia, the Decedent's mother,
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MIRTA GARCIA,
has suffered,and will continue to suffer,damages pursuant to the Florida
Wrongful Death Act, including,but not limited
to, lost support
and services from the date of the
Decedent's injuryto his death, with interest,
and future loss of support and services from the date
of death and reduced to present value, and mental pain and sufferingfrom the date of injury,and
medical and funeral expenses.
As a further direct and proximate result ofthe negligence ofDefendant, IGNACIO
76.
SOCORRO,
GARCIA,
and the wrongful death of Nicholas E. Garcia, the Decedent's father,JORGE E.
has suffered, and will continue to suffer,damages pursuant to the Florida Wrongful
Death Act, including,but not limited
to, lost support
and services from the date of the Decedent's
and future loss of support and services from the date of death and
injuryto his death,with interest,
reduced
to present
value, and mental pain and sufferingfrom the date of injury,and medical and
funeral expenses.
WHEREFORE,
MIRTA
Plaintiff,
GARCIA,
as Personal Representativeof the Estate of
Nicholas G. Garcia, demands judgment againstthe Defendant,
in excess
are
IGNACIO SOCORRO, in an amount
of THIRTY THOUSAND DOLLARS ($30,000.00),
togetherwith
interest
and
prayed for in addition thereto.
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DEMAND FOR JURY TRIAL
MIRTA
Plaintiff,
further
GARCIA,
as Personal
demands a trial by jury of all the issues
Dated
'th
this 9?
ofthe Estate ofNicholas G. Garcia,
Representative
triable
by right.
day of February,2022.
RespectfullySubmitted,
DAVIS GOLDMAN, PLLC
for Plaintiff
Attorneys
1441 Brickell Avenue, Suite 1400
Miami, FL 33131
Telephone: (305) 800-6673
Fascimile: (305) 675-7880
Primary Emails: adavis@davisgoldman.com;
mbild@davisgoldman.com
Secondary Email: eservice@davisgoldman.com
/s/ Aaron P.
By-.
Davis
AARON P. DAVIS
Fla.
Bar No. 58463
MICHAEL BILD
Fla.
Bar No. 1003841
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