IN	THE	CIRCUIT	COURT	OF	THE	EIGHTH	JUDICIAL

CIRCUIT	IN	AND	FOR	ALACHUA	COUNTY,	FLORIDA

CASE	NO.:	2020	CA-1839	

DIVISION:	K

JUDGE: MONICA	J. BRASINGTON

FREDERICK	EVANS,

Plaintiff,

v.

MV	TRANSPORTATION,	INC.,	a	Foreign

Profit	Corporation,

Defendant.

____________________________________________/

AMENDED	COMPLAINT

COMES	NOW Plaintiff,	FREDERICK	EVANS,	by	and	through	his undersigned	attorney,	

hereby	files	his	Amended	Complaint	and	sues	the	Defendant,	MV	TRANSPORTATION,	INC.,	

and	further	states	as	follows:

1. That	this	is	an	action	for	damages	in	excess	of	Thirty	Thousand	($30,000.00)

dollars.

2. That	 the	Plaintiff,	 FREDERICK	 EVANS (“Plaintiff”),	 was	 and	 is	 a	 resident	 of	

Alachua County,	State	of	Florida.

3. On	 or	 about	 April	 18,	 2017,	 and	 at	 all	 times	 material,	 Defendant	 MV	

TRANSPORTATION,	INC. (“Defendant”),	was	and	is	a	foreign	corporation	with	its	principal	

address	located	at	or	near	2711	N.	Haskell	Ave.,	Dallas,	Texas	75204,	doing	business	in the	

City	of Gainesville, Alachua	County,	State	of	Florida.

4. On	 or	 about	 April	 18,	 2017,	 Defendant	 owned	 the	 vehicle	 involved	 in	 the	

incident	that	forms	the	subject	matter	of	this	lawsuit.

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5. That	 at	 all	 times	 material	 hereto,	 the	 Defendant	 acted	 by	 and	 through	 its	

employees	and	agents.

6. That	 on	 April	 18,	 2017,	 the	 Defendant supplied	 transportation	 services	 to	

Plaintiff.

7. That	on	April	18,	2017, Defendant	operated	its	vehicle	in	which	Plaintiff	was	a	

passenger	and	parked	in	front of	Plaintiff’s	home	intending	on	disembarking	Plaintiff	from	

the	Defendant’s	vehicle	using	a	movable	lift, which	went	up	and	down, to	provide	ingress	and	

egress	to	its	customers.

8. That	 at	 all	 times	 material	 hereto	 the	 Plaintiff	 was	 using	 a	 walker	 with	the	

ability	to	be	seated as	he	attempted	to	disembark	the	Defendant’s	vehicle, via	a	lift.

9. That	Defendant	instructed	Plaintiff	to	stand	on	the	lift	holding	his	walker	as	he	

began	descending	to	disembark	Plaintiff	from	the	vehicle.

10. That	 while	 the	 lift	 descended	 the	 employee	 of	 the	 Defendant	 grabbed	 an	

oxygen	tank, being	used	by	Plaintiff, and	in	so	grabbing	the	tank	either	knocked	into	Plaintiff,

or	unbalanced	the	Plaintiff, causing	the	Plaintiff	to	fall	off	the	lift.

11. That	the	Defendant	owed	a	duty	of	care	to	Plaintiff	to	operate	the lift	so	as	to	

safely	allow	Plaintiff	to	disembark	the	Defendant’s	vehicle.

12. That	Defendant	breached	its	duty	of	care	by	failing	to	disembark	the	Plaintiff	

safely	 and	 causing	 the	 Plaintiff	 to	 fall	 from	 the	 Defendant's	 vehicle's	 lift;	 by	 failing	 to	

supervise	 Plaintiff's	 position	 on	 the	lift;	 having	 Plaintiff	 sit while	 the	lift	was	 descending,

preferably	stabilizing	the	Plaintiff	while	the	lift	was	descending;	and	Defendant's	employee	

or	agent	should	have	placed	himself	near	the	Plaintiff	to	prevent	the	Plaintiff	from	falling	off	

the	lift.

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13. That	but	for	the	negligent of	the	operation	of	the	Defendant’s	lift	this	accident	

would	not	have	occurred.

14. That	as	a	direct	and	proximate	result	of	the	aforesaid	negligence	of	Defendant,	

the	Plaintiff suffered	bodily	injury	and	resulting	pain	and	suffering,	disability,	disfigurement,	

loss	of	capacity	for	the	enjoyment	of	life,	expense	of	hospitalization,	and	medical	treatment.

The	Plaintiff	was	injured	in	 and	 about	 his head,	 body,	limbs	 and	 nervous	 system,	 to	wit:	

permanently;	by	further	reason	whereof,	Plaintiff	has	and	will	suffer	pain	and	suffering,	to	

wit:	permanently;	that	he	will	in	the	future	sustain	loss	by	inability	to	follow	the	usual	and	

ordinary	course	of	recreation	and	social	activities,	to	wit:	permanently;	that	Plaintiff	has	and	

will	in	 the	 future	 be	 required	 to	 spend	 large	 sums	 of	monies	 for	 doctors	 care	 and	 other	

related	medical	care	and	 treatment,	 to	wit:	permanently;	 that	Plaintiff	general	health	has	

been	impaired,	to	wit:	permanently.	

WHEREFORE,	 Plaintiff,	 FREDERICK	 EVANS,	 demands judgment	 for	 damages,	

attorneys’	 fees,	 filing	 fees,	pre-judgment	and	post-judgment	interest,	 taxable	costs against	

Defendant,	 MV	 TRANSPORTATION,	 INC.	 and	 all	 further	 relief	 under	 law	 and	 equity	 as	 a	

matter	of	right,	to	which	the	Court	deems	appropriate,	just and	proper.

DEMAND	FOR	SPEEDY	CIVIL	JURY	TRIAL	DUE	TO	AGE/CONDITION

1. Plaintiff	demands a	trial	by	jury	as	to	all	issues	so	triable	as	a	matter	of	right.

2. Plaintiff	is	over	the	age	of	sixty-five	(65)	and	due	to	the	combination	of	his	age	

and	current health	and	medical	condition,	demands	a	speedy	trial	with	trial	to	occur	no	later	

than	six	(6)	months	pursuant	to	Florida	rules	and	procedure	(2020).

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CERTIFICATE	OF	SERVICE

I	 HEREBY	 CERTIFY that	 a	 true	 and	 correct	 copy	 of	 the	 foregoing	 has	 been	

electronically	file	and	service	through	the	Florida	Court’s	E-Portal	to:	Chad	E.	Leeper,	Esq.	

and	Matthew	 P.	Ouellette,	 Esq.	 of	Wicker	Smith O’Hara	McCoy	&	 Ford,	 P.A.,	Attorneys	for	

Defendant,	 6525	 Third	 Street,	 Suite	 309,	 Rockledge,	 FL	 32955-5749	

MELcrtpleadings@wickersmith.com this	30th day	of	November,	2020.

/s/ Richard	Perlini______________________

RICHARD	PERLINI/FL Bar	No.	201782

Email:	rperlini@meldonlaw.com

JEFFREY	L.	MELDON/FL	Bar	No.	0138179

Email:	jmeldon@meldonlaw.com

CAREY	W.	MELDON/FL	Bar	No.	0018494

Email:	cmeldon@meldonlaw.com

MELDON	LAW

703	N.	Main	Street,	Suite	A

Gainesville,	FL	32601

Tele:	352.373.8000/Fax:	352.373.8400

akinser@meldonlaw.com	(Paralegal)

Counsel	for	Plaintiff

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