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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

MARCELLE ANN ANGALL-LEONCE 

and ROMANUS SYLVESTER LEONCE, 

Husband and Wife,

CASE NO.: 1:20-cv-00127-AW-GRJ

Plaintiff,

v.

ON POINT TRANSPORT, INC. and 

JOSEPH MISATULI LEIA, 

Defendants.

________________________________/

PLAINTIFF’S TRIAL BRIEF

Plaintiff, MARCELLE ANN ANGALL-LEONCE, submits the following

Trial Brief related to liability issues that are anticipated in the trial of this case:

I. APPLICABLE FLORIDA TRAFFIC STATUTES

This motor vehicle negligence case which involves a tractor trailer proceeding 

North on I-75 where it partially jack-knifed and struck the rear of the plaintiff’s 

minivan is governed by Florida substantive law, including applicable traffic statutes

in Florida Statutes, Chapter 316 and the Federal Motor Carrier Safety Administration 

Code of Regulations contained in Part 392- Driving of Commercial Motor Vehicles.

Plaintiffs submit the following statutes and code sections that apply:
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A) Statutes Applicable to the Defendant (FN1)

1) Florida Statute §316.185 Special hazards. —

The fact that the speed of a vehicle is lower than the prescribed limits 

shall not relieve the driver from the duty to decrease speed when 

approaching and crossing an intersection, when approaching and going 

around a curve, when approaching a hill crest, when traveling upon any 

narrow or winding roadway, or when special hazards exist or may exist 

with respect to pedestrians or other traffic or by reason of weather or 

other roadway conditions, and speed shall be decreased as may be 

necessary to avoid colliding with any person, vehicle, or other 

conveyance on or entering the street in compliance with legal 

requirements and the duty of all persons to use due care. 

2) Florida Statute §316.1925 Careless driving -

(1) Any person operating a vehicle upon the streets or highways 

within the state shall drive the same in a careful and prudent manner, 

having regard for the width, grade, curves, corners, traffic, and all 

other attendant circumstances, so as not to endanger the life, limb, or 

property of any person. Failure to drive in such manner such 

constitute careless driving and a violation of this section.

1 All statutory references are to Florida Statutes (2015)
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3) F.S. §316.0895 Following too closely. —

(1) The driver of a motor vehicle shall not follow another vehicle 

more closely than is reasonable and prudent, having due regard for the 

speed of such vehicles and the traffic upon, and the condition of, the 

highway.

4) F.S. §316.089 Driving on roadways laned for traffic. —

Whenever any roadway has been divided into two or more clearly 

marked lanes for traffic, the following rules, in addition to all others 

consistent herewith, shall apply:

(1) A vehicle shall be driven as nearly as practicable entirely within 

a single lane and shall not be moved from such lane until the driver 

has first ascertained that such movement can be made with safety.

(2) Upon a roadway which is divided into three lanes and provides 

for two-way movement of traffic, a vehicle shall not be driven in the 

center lane except when overtaking and passing another vehicle 

traveling in the same direction when such center lane is clear of traffic 

within a safe distance, when in preparation for making a left turn, or 

where such center lane is at the time allocated exclusively to traffic 

moving in the same direction that the vehicle is proceeding and such 

allocation is designated by official traffic control devices.
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(3) Official traffic control devices may be erected directing specified 

traffic to use a designated lane or designating those lanes to be used 

by traffic moving in a particular direction regardless of the center of 

the roadway; and drivers of vehicles shall obey the directions of every 

such device.

5) F.S. §316.074 Obedience to and required traffic control devices. 

(1) The driver of any vehicle shall obey the instructions of any official 

traffic control device applicable thereto, placed in accordance with the 

provisions of this chapter, unless otherwise directed by a police officer, 

subject to the exceptions granted the driver of an authorized emergency

vehicle in this chapter.

(2) No person shall drive any vehicle from a roadway to another 

roadway to avoid obeying the indicated traffic control indicated by such 

traffic control device.

(3) No provision of this chapter for which official traffic control devices 

are required shall be enforced against an alleged violator if at the time 

and place of the alleged violation an official device is not in proper 

position and sufficiently legible to be seen by an ordinarily observant 

person. Whenever a particular section does not state that official traffic 
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control devices are required, such section shall be effective even though 

no devices are erected or in place.

(4) Whenever official traffic control devices are placed in position 

approximately conforming to the requirements of this chapter, such 

devices shall be presumed to have been so placed by the official act or 

direction of lawful authority unless the contrary shall be established by 

competent evidence.

(5) Any official traffic control device placed pursuant to the provisions 

of this chapter and purporting to conform to the lawful requirements 

pertaining to such devices shall be presumed to comply with the 

requirements of this chapter unless the contrary shall be established by 

competent evidence.

II. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, 

DEPARTMENT OF TRANSPORTATION - PART 392—DRIVING 

OF COMMERCIAL MOTOR VEHICLES

§392.14 Hazardous conditions; extreme caution.

Extreme caution in the operation of a commercial motor vehicle shall be 

exercised when hazardous conditions, such as those caused by snow, ice, sleet, 

fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed 

shall be reduced when such conditions exist. 
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III. APPLICABLE INDUSTRY STANDARDS

1. California commercial driver's license manual section 2.4.1 provides that 

all commercial truck drivers shall scan or visualize 12 to 15 seconds ahead.

2. California commercial driver's license manual 2.6.2 provides that in wet 

weather where traction or visibility is affected truck shall reduce speed by 

approximately 1/3. 

IV. INTERACTION OF THE APPLICABLE STATUTES 

REGULATIONS AND INDUSTRY STANDARDS TO THE FACTS 

OF THIS CASE

1. The starting point is that plaintiffs were proceeding North on Interstate 

75 in the middle lane at the time of the collision. The roads were wet and there was 

intermittent heavy rain. The defendant, driving an interstate commercial motor 

vehicle tractor trailer, lost control of his vehicle and partially jackknifed such that 

his trailer entered the plaintiffs’ lane of travel striking the left rear corner of their 

vehicle.

2. The defendant testified that as he crested a hill his visibility was 

impaired and he could not see until he got to the very top of the hill that traffic had 

slowed or was stopping on the roadway due to another accident. The defendant also 

testified that when he crested the hill he realized that he could not stop, and to avoid 

colliding with the vehicles ahead of him in the right hand lane, vehicles that were 

stopped on the shoulder of the road to his right, and vehicles in the center lane, he 
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maneuvered his truck to the far left lane, braking at the same time and partially losing 

control of his vehicle. He believes he then struck the plaintiffs vehicle. The 

plaintiffs do not believe the evidence will show the existence of such a hill. 

3. The plaintiffs contend that Florida Statute 316.1925, Careless Driving 

is relevant because the defendant was traveling too fast or was not keeping an 

adequate look out to safely stop. The plaintiffs also contend that Florida Statute 

316.185, Special Hazards is relevant because it specifically requires a duty to 

decrease speed when approaching a hill crest or when special hazard caused by 

weather or other roadway conditions exist. 

4. Florida Statute 316.895 prohibits a driver of a motor vehicle motor 

vehicle from following too closely which plaintiffs contend was a key cause of this 

collision. 

5. Florida Statute 316.089 applies because the defendant failed to maintain 

his vehicle in a single lane.

6. Florida statute 316.074 applies because the defendant violated the “no 

trucks in left lane” rules applicable to I-75 at that location. 

7. Federal Motor Carrier safety regulation 392.14, Hazardous conditions; 

Extreme Caution, is relevant and applies to plaintiffs’ case because extreme caution 

in the operation of a commercial motor vehicle shall be exercised when hazardous 

conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke 
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adversely affect visibility or traction. Speed shall be reduced when such conditions 

exist... This regulation applies to this case as a result of the testimony of the

defendant driver Joseph Leia that there was heavy rain at the time of the collision

and the roadway was slippery reducing stopping distance. 

8. Federal Motor Carrier safety regulation 392.1, entitled scope of the 

rules in this part states as follows: “Every motor carrier, its officers, agents, 

representatives, and employees responsible for the management, maintenance, 

operation, or driving of commercial motor vehicles, or the hiring, supervising, 

training, assigning, or dispatching of drivers, shall be instructed and complied with 

the rules in this part.

9. Industry standards contained in the California Commercial Driver’s 

License Manual suggest a driver should reduce his speed by one third inclement 

weather and always scan twelve (12) to fifteen (15) seconds ahead. 

V. ADDITIONAL LEGAL ISSUES 

Pending motions at this time include: (1) Plaintiffs Motion under Daubert to 

Limit the Testimony of a defense witness, Stephen Bailey, MD; (2) Plaintiff’s 

Motion to Allow Expert Guntharp to testify in the case in chief; and (3) Defendants 

Motion in Limine regarding evidence of Social Security Disability/Insurance 

Determination and memo of law.
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Additionally, the defense has objected to eight exhibits on plaintiffs exhibit 

list and a summary of those objections is contained in the joint pre-trial stipulation 

at (i). 

Plaintiff has been supplied with Defendants Witness List and has objected to 

three of their listed witnesses due to Rule 26 violations.

Respectfully submitted by electronic filing, this 22ND day of March, 2021. 

Respectfully submitted,

FINE, FARKASH & PARLAPIANO, P.A.

622 Northeast First Street

Gainesville, Florida 32601

Telephone: 352-376-6046

Facsimile: 877-272-9101

BY: /S/ JACK J. FINE 

 JACK J. FINE, ESQ.

 Attorney for Plaintiff

 Florida Bar Number: 223700

 Primary Email: jfine@ffplaw.com

 Secondary Email: jduchaj@ffplaw.com
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CERTIFICATE OF SERVICE

I hereby certify that on MARCH 22, 2021, I electronically filed the foregoing 

with the Clerk of the Court using the CM/ECF. I also certify that the foregoing 

document is being served this day on all counsel of record or pro se parties identified 

on the attached Service List in the manner specified, via transmission of Notices of 

Electronic Filing generated by the CM/ECF or in some other authorized manner for 

those counsel or parties who are not authorized to receive electronically Notices of 

Electronic Filing. 

FINE, FARKASH & PARLAPIANO, P.A.

BY: /S/ JACK J. FINE 

 JACK J. FINE, ESQUIRE

 Attorney for Plaintiff

 Florida Bar Number: 223700
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SERVICE LIST

MARCELLE ANN ANGALL-LEONCE and ROMANUS SYLVESTER 

LEONCE vs. ON POINT TRANSPORT, INC. AND JOSEPH MISATULI LEIA

Case No.: 1:20-cv-00127-AW-GRJ

United States District Court, Northern District of Florida

Jack J. Fine, Esquire

jfine@ffplaw.com

jduchaj@ffplaw.com

FINE, FARKASH & PARLAPIANO, P.A.

622 Northeast First Street

Gainesville, Florida 32601

Attorneys for Plaintiff

John Moffitt Howell, Esq. 

E.T. Fernandez, Esq. 

pleadings@fernandeztl.com

jhowell@fernandeztl.com

Fernandez Trial Lawyers, PA

8780-200 Perimeter Park Court

Jacksonville, FL 32216 

Attorney for Defendants