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Filing # 88966912 E-Filed 05/03/2019 02:35:02 PM

IN THE CIRCUIT COURT OF THE


11th JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA

CIRCUIT CIVIL DIVISION


PAOLA LONDON, as the Putative
Personal Representative of the Estate of
PETER LONDON, deceased, and on
behalf of herself as surviving spouse, CASE NO.:

Plaintiffs,

v.

NICOLAS PERALTA TORT and


CARLOS PERALTA QUINTERO,

Defendants.
_________________________________________/

COMPLAINT

The Plaintiff, PAOLA LONDON, as the Putative Personal Representative of the Estate of

PETER LONDON, deceased, and on behalf of herself as surviving spouse, sues the Defendants

NICOLAS PERALTA TORT and CARLOS PERALTA QUINTERO, and alleges as follows:

JURISDICTIONAL STATEMENT AND IDENTIFICATION OF PARTIES

1. This is an action for wrongful death, claiming damages in excess of the

jurisdictional limits of this Court. This case arises out of the death of Peter London, who was

killed while a passenger in a Lamborghini that Defendant Nicolas Peralta Tort crashed at the

Palm Beach International Raceway on April 16, 2019.

2. Plaintiff Paola London is wife of the deceased Peter London and will be

appointed personal representative of his Estate.

3. Defendant Carlos Peralta is an individual residing in Miami-Dade County,

Florida. Mr. Peralta is the father of Defendant Nicolas Peralta Tort and owner of the 2013

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Grossman Roth Yaffa Cohen, P.A.
2525 Ponce de Leon Boulevard, Suite 1150, Coral Gables, Florida 33134 T 305.442.8666 F 305.285.1668
Lamborghini Aventador, VIN: ZHWUR1ZDXDLA01769, involved in the April 16, 2019 crash

(the “Lamborghini”).

4. Defendant Nicolas Peralta Tort is an individual residing in Miami-Dade County,

Florida.

5. Any and all conditions precedent to the maintenance of this action have been

complied with.

6. Venue is proper in Miami-Dade County, Florida where the defendants maintain

their residences.

FACTS GIVING RISE TO CAUSE OF ACTION

7. On April 16, 2019, Defendant Carlos Peralta permitted Defendant Nicolas Peralta

Tort to race the Lamborghini at the Palm Beach International Raceway located at 17047 Bee

Line Hwy, Jupiter, Florida 33478 (the “Raceway”).

8. To instruct and accompany Nicolas in the Lamborghini, Defendants hired

decedent Peter London through the Raceway.

9. On this day, the weather conditions were clear and the Raceway track was dry.

10. During the race, Defendant Nicolas Tort violently crashed the Lamborghini into a

concrete barricade while Peter London was in the front passenger seat of the vehicle. Defendant

Nicolas Tort survived the crash, but Peter London was killed.

11. As a direct and proximate result of the negligence of Defendants, Peter London

died, leaving a surviving wife, Plaintiff Paola London.

COUNT I

NEGLIGENCE AGAINST DEFENDANT NICOLAS PERALTA TORT

12. The Plaintiff adopts and realleges paragraphs 1 through 11 and further alleges:

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Grossman Roth Yaffa Cohen, P.A.
2525 Ponce de Leon Boulevard, Suite 1150, Coral Gables, Florida 33134 T 305.442.8666 F 305.285.1668
13. Defendant Nicolas Peralta Tort owed a duty to his passenger Peter London, to

drive the Lamborghini with reasonable care.

14. Defendant Nicolas Peralta Tort however, breached his duty in the following ways:

a. Failing to drive the Lamborghini in a safe and reasonable manner;

b. Failing to pay attention to the roadway while driving the Lamborghini;

c. Failing to maintain control of the Lamborghini;

d. Driving the Lamborghini at an unsafe speed, which was greater than

reasonable and prudent under the circumstances;

e. Crashing the Lamborghini into a barricade;

f. Failing to follow the rules and regulations of driving a vehicle on a roadway;

g. Negligently or fraudulently misrepresenting his driving experience to

Raceway and Peter London;

h. Failing to follow the instructions of Peter London and the Raceway while

driving the Lamborghini;

i. Failing to maintain or repair the Lamborghini prior to the subject incident;

j. Other acts of negligence to be determined through discovery.

15. As a direct and proximate result of the negligence of the Defendant Nicolas

Peralta Tort, Peter London was killed at said Raceway on April 16, 2019.

COUNT II

CLAIM AGAINST DEFENDANT CARLOS PERALTA

VICARIOUS LIABILITY FOR NEGLIGENT OPERATION OF THE


LAMBORGHINI BY NICOLAS TORT

16. The Plaintiff adopts and realleges paragraphs 1 through 11 and further alleges:

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Grossman Roth Yaffa Cohen, P.A.
2525 Ponce de Leon Boulevard, Suite 1150, Coral Gables, Florida 33134 T 305.442.8666 F 305.285.1668
17. Defendant Carlos Peralta owned the Lamborghini, a dangerous instrumentality,

which was negligently driven by Defendant Nicolas Peralta Tort.

18. Nicolas Peralta Tort raced the Lamborghini at the Raceway, with Carlos Peralta’s

full knowledge and consent.

19. Therefore, Defendant Carlos Peralta, as the owner of the Lamborghini, is strictly

and vicariously liable for Defendant Nicolas Peralta Tort’s negligent operation of the

Lamborghini as alleged in Count I and the damages alleged below.

COUNT III

CLAIM AGAINST DEFENDANT CARLOS PERALTA

NEGLIGENT ENTRUSTMENT OF THE LAMBORGHINI TO


DEFENDANT NICOLAS PERALTA TORT

20. The Plaintiff adopts and realleges paragraphs 1 through 11 and further alleges:

21. Defendant Nicolas Peralta Tort was inexperienced and unable to operate the

Lamborghini in a safe and reasonable manner.

22. Further, Defendant Nicolas Peralta Tort had a propensity to drive at excessive and

unsafe speeds, which rendered him an unfit and unsafe driver.

23. Defendant Carlos Peralta, as the father of Nicolas Peralta Tort, knew or had

reason to know of Nicolas Peralta Tort’s inability to drive the Lamborghini safely.

24. Knowing of this unfitness, Defendant Carlos Peralta entrusted the dangerous

instrumentality, the Lamborghini, to Defendant Nicolas Peralta Tort on April 16, 2019, to be

used at the Raceway.

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Grossman Roth Yaffa Cohen, P.A.
2525 Ponce de Leon Boulevard, Suite 1150, Coral Gables, Florida 33134 T 305.442.8666 F 305.285.1668
25. Entrusting the Lamborghini to Defendant Nicolas Peralta Tort on April 16, 2019

created an appreciable risk of harm to Peter London, and a corresponding duty on the part of the

entruster, Defendant Carlos Peralta, to avoid such a risk.

26. Plaintiff’s damages were proximately caused by the negligence of Defendant

Carlos Peralta in entrusting a dangerous instrumentality, the Lamborghini, to Defendant Nicolas

Peralta Tort, and, thus, Defendant Carlos Peralta is liable for the damages alleged below.

DAMAGES COMMON TO ALL COUNTS

27. As a direct and proximate result of the negligence of the Defendants which caused

the death of Peter London, Paola London, as the intended personal representative of the Estate of

Peter London, sets forth the below listed claims for the Estate, herself as surviving spouse,

pursuant to Florida Statute Section 768.21, the Wrongful Death Act.

CLAIM OF PERSONAL REPRESENTATIVE


ON BEHALF OF THE ESTATE OF PETER LONDON

28. The Estate of Peter London has in the past suffered, and will in the future

continue to suffer the following damages:

a. Loss of earnings of Peter London from the date of his death, less lost support and
services, excluding contributions in kind, with interest;

b. Loss of net accumulations beyond death; and

c. Medical or funeral expenses, or both, which have been incurred due to Peter
London’s death that have become a charge against his Estate or that were paid by
or on behalf of Peter London, excluding the amounts recoverable by Plaintiff
Paola London.

CLAIM OF PERSONAL REPRESENTATIVE OF ESTATE OF PETER LONDON ON


BEHALF OF SURVIVING SPOUSE PAOLA LONDON

29. Paola London, the surviving spouse of Peter London, has in the past suffered, and

will in the future continue to suffer the following damages:

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Grossman Roth Yaffa Cohen, P.A.
2525 Ponce de Leon Boulevard, Suite 1150, Coral Gables, Florida 33134 T 305.442.8666 F 305.285.1668
a. The value of lost support and services from the date of Peter London’s death, with
interest;

b. Future loss of support and services from the date of death, and reduced to present
value, to the extent of Peter London’s normal life expectancy;

c. Loss of Peter London’s companionship and protection; and

d. Mental anguish, pain and suffering from the date of death.

WHEREFORE, the Plaintiff Paola London demands judgment against the Defendants for

all damages recoverable by Plaintiffs under the laws of Florida.

DEMAND FOR JURY TRIAL

30. Plaintiffs demand trial by jury on all issues triable as of right by a jury, dated this

3rd day of May, 2019.

/s/ Stuart Z. Grossman, Esq.


Stuart Z. Grossman, Esq.
Florida Bar No.: 156113
William P. Mulligan, Esq.
Florida Bar No.: 106521
GROSSMAN ROTH YAFFA COHEN, P.A.
Attorneys for Plaintiff
2525 Ponce de Leon Boulevard
Suite 1150
Coral Gables, Florida 33134
Emails: szg@grossmanroth.com
wpm@grossmanroth.com
lka@grossmanroth.com
Telephone: 305-442-8666
Facsimile: 305-285-1668

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Grossman Roth Yaffa Cohen, P.A.
2525 Ponce de Leon Boulevard, Suite 1150, Coral Gables, Florida 33134 T 305.442.8666 F 305.285.1668

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