IRWIN AST, P.A.

2121 Southwest 3rd Avenue, Suite 401, Miami, Florida 33129

Tel: 305-307-5208 | Fax: 305-901-5639

Page 1 of 7

UNITED STATES DISTRICT COURT OF FLORIDA

SOUTHERN DISTRICT OF FLORIDA

Case No.:

JOELLA R. TILLERY,

PLAINTIFF,

v.

CHRISTOPHER DAVON WHITE

and UNITED STATES OF 

AMERICA,

DEFENDANTS.

______________________________/

COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL

JOELLA R. TILLERY, by and through undersigned counsel, hereby sues Defendants,

CHRISTOPHER DAVON WHITE and UNITED STATES OF AMERICA, and alleges as 

follows:

JURISDICTION

1) This action is brought pursuant to Federal Tort Claims Act, 28 U.S.C S. 2671, and 

the Fourth and Fifth Amendments to the United States Constitution. 28 U.S.C. S. 

1331 and S. 1346(b).

2) On February 23, 2022, Plaintiff submitted an Administrative Claim for the claim 

set forth below to the UNITED STATES OF AMERICA.

3) Six months having elapsed, all conditions precedent to the Federal Tort Claims 

Act have been met.

4) Venue is properly within this District under 28 U.S.C. S. 1402(b) as the acts and/or 

Case 0:22-cv-61611-WPD Document 1 Entered on FLSD Docket 08/29/2022 Page 1 of 7
IRWIN AST, P.A.

2121 Southwest 3rd Avenue, Suite 401, Miami, Florida 33129

Tel: 305-307-5208 | Fax: 305-901-5639

Page 2 of 7

omissions complained of occurred in the Southern District of Florida.

PARTIES/ GENERAL ALLEGATIONS

5) At all times material hereto, Plaintiff, JOELLA R. TILLERY, was a resident of

Broward County, Florida and is otherwise sui juris.

6) At all times material and relevant hereto, Defendant, CHRISTOPHER DAVON 

WHITE, was a resident of Broward County, Florida and is otherwise sui juris.

7) At all times material hereto, Defendant, UNITED STATES, was an independent 

establishment of the executive branch of the Government of the UNITED STATES 

OF AMERICA, lawfully created pursuant to 39 U.S.O. and providing postal 

services to the people of the United States.

8) The UNITED STATES is an appropriate Defendant under the Federal Tort 

Claims Act.

9) On or about April 29, 2020, Defendant, UNITED STATES, was the registered 

owner of a motor vehicle bearing Florida tag no. 1255002, which was operated by 

Defendant, CHRISTOPHER DAVON WHITE, at or near the intersection of 

Pembroke Rd. and S. Douglas Rd.

10) At that time and place, Defendant, CHRISTOPHER DAVON WHITE, was an 

employee of Defendant, UNITED STATES, and at all times material hereto, was 

acting within the course and scope of his employment with Defendant, UNITED 

STATES.

COUNT I— MOTOR VEHICLE NEGLIGENCE 

AGAINST DEFENDANT, CHRISTOPHER DAVON WHITE

JOELLA R. TILLERY, hereinafter reaffirms and re-alleges each and every allegation 

contained in the General Allegations, as fully set forth herein and further alleges:

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IRWIN AST, P.A.

2121 Southwest 3rd Avenue, Suite 401, Miami, Florida 33129

Tel: 305-307-5208 | Fax: 305-901-5639

Page 3 of 7

11) On or about April 29, 2020, Defendant, UNITED STATES, owned a motor 

vehicle that was operated with its full permission and consent by Defendant, 

CHRISTOPHER DAVON WHITE, at or near the intersection of Pembroke Rd. 

and S. Douglas Rd.

12) At the aforementioned time and place Defendant, CHRISTOPHER DAVON 

WHITE, negligently operated and/or maintained the motor vehicle so as to cause 

it to collide with the motor vehicle that Plaintiff was a passenger in.

13) As a direct and proximate result of one or more of the above-mentioned acts of 

negligence or omissions, Plaintiff, JOELLA R. TILLERY, suffered serious 

personal injuries, pain and suffering, disability, physical impairment, 

disfigurement, mental anguish, inconvenience, aggravation of a disease or physical 

defect, loss of capacity for the enjoyment of life, expense of hospitalization, 

expense of medical care, expense of nursing care and medical treatment, loss of 

earnings in the past and loss of ability to earn money in the future. These losses 

are permanent and continuing in nature and JOELLA R. TILLERY will continue 

to suffer these losses in the future.

WHEREFORE, Plaintiff, JOELLA R. TILLERY, hereby demands judgement for 

damages, costs and interest against Defendants together with whatever other relief the Court deems 

just and appropriate.

COUNT II— DANGEROUS INSTRUMENTALITY AGAINST 

DEFENDANT, UNITED STATES

JOELLA R. TILLERY, hereinafter reaffirms and re-alleges each and every allegation 

contained in the General Allegations, as fully set forth herein and further alleges:

14) On or about April 29, 2020, Defendant, UNITED STATES, owned a motor 

Case 0:22-cv-61611-WPD Document 1 Entered on FLSD Docket 08/29/2022 Page 3 of 7
IRWIN AST, P.A.

2121 Southwest 3rd Avenue, Suite 401, Miami, Florida 33129

Tel: 305-307-5208 | Fax: 305-901-5639

Page 4 of 7

vehicle that was operated with its full permission and consent by Defendant, 

CHRISTOPHER DAVON WHITE, at or near the intersection of Pembroke Rd. 

and S. Douglas Rd.

15) At the aforementioned time and place Defendant, CHRISTOPHER DAVON 

WHITE, negligently operated and/or maintained the motor vehicle so as to cause 

it to collide with the motor vehicle that Plaintiff was a passenger in.

16) Defendant, UNITED STATES, is strictly and vicariously liable, under the 

Dangerous Instrumentality doctrine, for the damages caused to Plaintiff, JOELLA 

R. TILLERY, resulting from the negligent entrustment of the subject vehicle to 

Defendant, CHRISTOPHER DAVON WHITE.

17) As a direct and proximate result of one or more of the above-mentioned acts of 

negligence or omissions, Plaintiff, JOELLA R. TILLERY, suffered serious 

personal injuries, pain and suffering, disability, physical impairment, 

disfigurement, mental anguish, inconvenience, aggravation of a disease or physical 

defect, loss of capacity for the enjoyment of life, expense of hospitalization, 

expense of medical care, expense of nursing care and medical treatment, loss of 

earnings in the past and loss of ability to earn money in the future. These losses 

are permanent and continuing in nature and JOELLA R. TILLERY will continue 

to suffer these losses in the future.

WHEREFORE, Plaintiff, JOELLA R. TILLERY, hereby demands judgement for 

damages, costs and interest against Defendants together with whatever other relief the Court deems 

just and appropriate.

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IRWIN AST, P.A.

2121 Southwest 3rd Avenue, Suite 401, Miami, Florida 33129

Tel: 305-307-5208 | Fax: 305-901-5639

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COUNT III— RESPONDEAT SUPERIOR AGAINST DEFENDANT, UNITED STATES

JOELLA R. TILLERY, hereinafter reaffirms and re-alleges each and every allegation 

contained in the General Allegations, as fully set forth herein and further alleges:

18) On or about April 29, 2020, Defendant, UNITED STATES, owned a motor 

vehicle that was operated by Defendant, CHRISTOPHER DAVON WHITE, at 

or near the intersection of Pembroke Rd. and S. Douglas Rd.

19) At the aforementioned time and place Defendant, CHRISTOPHER DAVON 

WHITE, negligently operated and/or maintained the motor vehicle so as to cause 

it to collide with the motor vehicle Plaintiff was a passenger in.

20) At all times material hereto, Defendant, CHRISTOPHER DAVON WHITE was 

Defendant’s, UNITED STATES, agent, servant and/or employee.

21) At all times material hereto, Defendant, CHRISTOPHER DAVON WHITE, was 

acting within the course and scope of his agency, service, and/or employment with 

Defendant, UNITED STATES.

22) At all times material hereto, Defendant, UNITED STATES, had the right to 

exercise full control over and did in fact exercise full control over Defendant’s, 

CHRISTOPHER DAVON WHITE, agency, service and/or employment with 

Defendant, UNITED STATES.

23) Pursuant to the doctrine of respondeat superior, Defendant, UNITED STATES, 

is vicariously liable for the negligent acts and/or omissions of Defendant, 

CHRISTOPHER DAVON WHITE.

24) As a direct and proximate result of one or more of the above-mentioned acts of 

negligence and/or omissions of Defendant, CHRISTOPHER DAVON WHITE, 

and the resulting vicarious liability of Defendant, UNITED STATES, Plaintiff, 

Case 0:22-cv-61611-WPD Document 1 Entered on FLSD Docket 08/29/2022 Page 5 of 7
IRWIN AST, P.A.

2121 Southwest 3rd Avenue, Suite 401, Miami, Florida 33129

Tel: 305-307-5208 | Fax: 305-901-5639

Page 6 of 7

JOELLA R. TILLERY, suffered serious personal injuries, pain and suffering, 

disability, physical impairment, disfigurement, mental anguish, inconvenience, 

aggravation of a disease or physical defect, loss of capacity for the enjoyment of 

life, expense of hospitalization, expense of medical care, expense of nursing care 

and medical treatment, loss of earnings in the past and loss of ability to earn money 

in the future. These losses are permanent and continuing in nature and JOELLA 

R. TILLERY will continue to suffer these losses in the future.

WHEREFORE, Plaintiff, JOELLA R. TILLERY, hereby demands judgement for 

damages, costs and interest against Defendants together with whatever other relief the Court deems 

just and appropriate.

DEMAND FOR JURY TRIAL

JOELLA R. TILLERY does hereby demand trial by jury of all issues so triable as a matter 

of right.

Dated: August 29, 2022.

LAW OFFICE OF IRWIN AST

Attorneys for Plaintiff

2121 S.W. 3rd Avenue, Suite 401

Miami, Florida 33129

Tel: (305) 307-5208

Fax: (305) 901-5639

Email: irwin@astlawfirm.com

leo@astlawfirm.com

pleadings@astlawfirm.com

By: /s/ Irwin Ast

Irwin Ast, Esq.

Fla. Bar No.: 0059879

Leonard M. Caracappa, Esq.

Fla. Bar No.: 1018504

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IRWIN AST, P.A.

2121 Southwest 3rd Avenue, Suite 401, Miami, Florida 33129

Tel: 305-307-5208 | Fax: 305-901-5639

Page 7 of 7

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