Filing # 163560297 E-Filed 12/22/2022 12:38:37 PM

IN THE CIRCUIT COURT OF THE

EIGHTEENTH JUDICIAL CIRCUIT IN
AND FOR SEMINOLE COUNTY,
FLORIDA

CASE NO:
BENJAMIN FISH,

Plaintiff,

v.

ANTHONY JUSTINIANO,

Defendants.
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um rt ial COMPLAINT

Plaintiff, BENJAMIN FISH, sues the Defendant, ANTHONY JUSTINIANO, and states as

follows:
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1. This is an action for damages that exceeds Thirty Thousand Dollars ($30,000.00)
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exclusive of interest, costs and attorney’s fees.

2. At all times material to this action, Plaintiff, is a natural person residing in POLK
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County, Florida.
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3. At all times material to this action, Defendant, ANTHONY JUSTINIANO, is a

natural person residing in Apopka, ORANGE COUNTY, FLORIDA.

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4. At all times material to this action, the Defendant, ANTHONY JUSTINIANO, was

a resident motor vehicle owner and accepted the privilege of operating a motor vehicle within the

State of Florida.

5. All other conditions precedent to the bringing of this action have been performed,

have occurred or have been waived.

 6. Venue is proper in SEMINOLE County because the alleged incident occurred in

SEMINOLE County.

FACTS COMMON TO ALL COUNTS

7. On or about September 15, 2021 , Plaintiff, BENJAMIN FISH, was operating a

motor vehicle at or near the intersection of Loma Vista Circle and Via Loma Drive , SEMINOLE

County, Florida.

8. At that time and place, Defendant, ANTHONY JUSTINIANO, was operating a

motor vehicle owned by the Defendant, ANTHONY JUSTINIANO, at or near intersection of

Loma Vista Circle and Via Loma Drive, SEMINOLE County, Florida.

9. At that time and place, Defendant, ANTHONY JUSTINIANO, operated the subject
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motor vehicle with the full knowledge and the express authority, permission and consent of its

owner.
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10. At that time and place, Defendant, ANTHONY JUSTINIANO, negligently and
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carelessly operated and/or maintained his vehicle so as to collide with the motor vehicle driven by
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Plaintiff, BENJAMIN FISH.

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11. As a result of the collision caused by the negligence of Defendant, ANTHONY
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JUSTINIANO, Plaintiff, BENJAMIN FISH, sustained serious and permanent injuries.

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COUNT I – ACTION BY PLAINTIFF, BENJAMIN FISH FOR NEGLIGENCE

AGAINST DEFENDANT, ANTHONY JUSTINIANO

12. Plaintiff, BENJAMIN FISH, adopts and realleges Paragraphs 1 through 11 as fully

set forth herein.

13. Defendant, ANTHONY JUSTINIANO, was negligent and careless in the operation

of his motor vehicle as to collide with the vehicle operated by Plaintiff, BENJAMIN FISH.
 14. As a direct and proximate cause of Defendant, ANTHONY JUSTINIANO’s,

negligence, Plaintiff, BENJAMIN FISH, suffered or incurred injuries included, without limitation,

the following:

A. Significant and permanent loss of an important bodily function and/or

permanent and significant scarring.
B. Permanent injury within a reasonable degree of medical probability other
than scarring or disfigurement;
C. Aggravation or activation of an existing disease or physical defect;
D. Pain, suffering, disability, physical impairment, mental anguish,
inconvenience, and a loss of capacity for the enjoyment of life;
E. Expenses of medical care and treatment in the past and in the future;
F. Loss of wages and/or loss of earning capacity in the future; and
G. All losses are continuing and/or permanent.

15. Plaintiff, BENJAMIN FISH, will suffer or incur the injuries, expenses and
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impairment in the future.

WHEREFORE, Plaintiff, BENJAMIN FISH, demands judgment for damages against

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Defendant, ANTHONY JUSTINIANO, for personal injury including the losses enumerated
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herein, costs, interest and for other such relief as may be just and equitable and otherwise deemed

proper by the Court.

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DEMAND FOR JURY TRIAL
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Plaintiffs, Plaintiff, demands a jury trial on all issues so triable of each and every one of

the Counts set forth above.

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RESPECTFULLY submitted this DATED this December 22, 2022.

/s/ Donna S. Zmijewski______________

Donna S. Zmijewski, Esquire
Florida Bar No.: 0573310
Dan Newlin Injury Attorneys
7335 W. Sand Lake Road, Suite 300
Orlando, FL 32819
Direct: (407)203-6580
 Fax: (321)684-6871
Attorneys for Plaintiff
Donna.Zmijewski@newlinlaw.com
Noah.Rosenbaum@newlinlaw.com

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