IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

ELISABETH HERNANDEZ DIAS,

Plaintiff,

vs. 

UNITED STATES OF AMERICA,

Defendant.

________________________________/ 

COMPLAINT FOR DAMAGES UNDER THE FEDERAL TORT CLAIMS ACT

COMES NOW Plaintiff, ELISABETH HERNANDEZ DIAS, by and through her 

undersigned counsel and sues Defendant, UNITED STATES OF AMERICA and as grounds therefore 

would allege the following:

JURISDICTIONAL ALLEGATIONS AND IDENTIFICATION OF THE PARTIES

1. Plaintiff, ELISABETH HERNANDEZ DIAS, lives at 875 NW 171st Street, North 

Miami Beach, Florida, and thus is a resident within the Southern District of Florida. 

2. The claims here are brought against the United States pursuant to the Federal Tort 

Claims Act (28 U.S.C. §2671 et seq.) and 28 U.S.C. §1346(b)(1) for money damages as 

compensation for personal injuries that were caused by the negligence of an employee of the 

United States Government while acting within the course and scope of his official duties. 

3. This Court has jurisdiction under 28 U.S.C. §1356(b)(1) in that it involves a claim 

for personal injury caused by the negligent or wrongful act or omission of an employee and/or 

agent of the United States of America while acting in the course and scope of his employment, 

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under circumstances where the United States, if a private person, would be liable to the Plaintiff 

under the laws of the State of Florida, where the negligence occurred. See 28 U.S.C. §1346(b). 

4. Venue is proper in this Court, as the acts and omissions forming the basis of these 

claims occurred in the Southern District of Florida and arose from the negligence of an employee 

of the United States Government, as more fully described below. 

5. This lawsuit has been timely filed and all conditions precedent and prerequisites to 

filing suit have been met under 28 U.S.C. §2675. A copy of the Claim for Damage, Injury or Death 

(Form SF 95) is attached as Exhibit “A” to this Complaint. The appropriate Federal agency has 

failed to make final disposition of this claim within six months after it was filed, and therefore it 

is deemed to have denied the claim under 28 U.S.C. §2675(a). 

6. At all times material hereto, Plaintiff ELISABETH HERNANDEZ DIAS would be 

entitled to pursue these claims under the laws of the State of Florida.

COUNT I

CLAIM FOR NEGLIGENCE

7. Paragraphs 1 - 6 are incorporated herein. 

8. On or about April 29, 2020, Defendant, UNITED STATES OF AMERICA, owned 

a U.S.P.S. motor vehicle that was operated with consent by its employee or agent while in the 

course and scope of his official duties, at or near the intersection of Pembroke Road and South 

Douglas Road, Pembroke Pines, Broward County, Florida. 

9. The Defendant, UNITED STATES OF AMERICA, through its employee owed a 

duty to the public and specifically to the Plaintiff, ELISABETH HERNANDEZ DIAS, to operate 

that vehicle in a reasonable, safe, and non-negligent manner. 

10. Defendant’s employee breached that duty of care and negligently operated or 

maintained the U.S.P.S. motor vehicle in one or more of the following ways: 

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a. Failed to maintain a proper lookout; 

b. Failed to timely and properly apply the vehicle’s brakes; 

c. Drove carelessly;

d. Failed to avoid colliding with the vehicle driven by Plaintiff;

e. Failed to obey a traffic signal or sign; and/or 

f. Otherwise was distracted and not using reasonable care in operating the 

vehicle.

11. As a result of this negligence, the vehicle failed to stop and struck the rear end of 

the vehicle Plaintiff, ELISABETH HERNANDEZ DIAS, was driving.

12. As a direct and proximate result of these acts of negligence by Defendant UNITED 

STATES OF AMERICA, the Plaintiff, ELISABETH HERNANDEZ DIAS, has sustained the 

following damages, any, some, or all of which are permanent and/or continuing in nature: 

a. Bodily injury; 

b. Pain and suffering; 

c. Disability;

d. Physical impairment;

e. Disfigurement and scarring; 

f. Mental anguish; 

g. Inconvenience;

h. Loss of capacity for the enjoyment of life; 

i. Aggravation of a pre-existing condition; 

j. Medical bills and expenses;

k. Loss of earnings; and 

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l. Loss of capacity to earn in the future. 

PRAYER FOR RELIEF

WHEREFORE the Plaintiff, ELISABETH HERNANDEZ DIAS, demands judgment 

against the Defendant, UNITED STATES OF AMERICA, in an amount of Two Million Five 

Hundred Thousand Nine Hundred Twelve Dollars and Thirty-Nine Cents ($2,500,912.39), 

exclusive of interest and costs, and any other such relief as appropriate. 

Dated this day of October, 2022. 

Somera & Silva, LLP

One Boca Place

2255 Glades Road, Suite 232W 

Boca Raton, FL 33431 

Phone: (561) 981-8881 

Fax: (561) 981-8887 

Primary Email: pleadings@somerasilva.com

Secondary Email: litigation@somerasilva.com

Attorneys for Plaintiff

By: __________________________________

 PETER J. SOMERA JR., ESQ.

 FBN: 0054267 

 PAUL M. SILVA, M.D., ESQ.

 FBN: 0319820

4th

 /s/ Peter J. Somera, Jr.

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