[PI-21-18692/1248329/1]

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 1:22-cv-24070

ELIANIS ADAN,

Plaintiff,

vs.

UNITED STATES OF AMERICA,

Defendant.

____________________________________________/

COMPLAINT and DEMAND FOR JURY TRIAL

COMES NOW Plaintiff ELIANIS ADAN, by and through the undersigned attorneys, and 

sues Defendant UNITED STATES OF AMERICA, and alleges as follows:

PARTIES

1. At all times material hereto, Plaintiff ELIANIS ADAN (“Plaintiff”) was and is a 

citizen of the United States of America and a resident of Miami-Dade County, Florida.

2. At all times material hereto, Defendant UNITED STATES OF AMERICA 

(“Defendant” or “USA”) operated the United States Postal Service, the entity that owned the 2001 

Ford involved in the motor vehicle crash described further herein and also employed non-party 

JAMESHA FERRELLL who was operating the 2001 Ford within the course and scope of her 

employment at the time of the motor vehicle crash described further herein.

JURISDICTION AND VENUE

3. The subject matter jurisdiction of this Honorable Court is predicated upon the 

Federal Tort Claims Act, Section 2671 through 2680 of Title 28 of the United States Code which 

deems the Defendant UNITED STATES OF AMERICA, liable under the Federal Tort Claims Act 

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(“FTCA”) for the actions of employees of the federal government including, but not limited to, 

employees of the United States Postal Service, as entities of the federal government.

4. Jurisdiction is proper in the Southern District of Florida pursuant to 28 U.S.C. § 

1346(b)(1). 

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

omissions complained of occurred in the Southern District of Florida and Plaintiff resides within 

the Southern District of Florida. 

6. On or around May 24, 2022, Plaintiff submitted an Administrative Claim for the 

claim set forth below to the United States Postal Service pursuant to 28 U.S.C. §2401(b).

7. Pursuant to 28 U.S.C. §2675, the United States Postal Service was allowed six (6) 

months to complete its administrative investigation but the United States Postal Service has failed 

to make a final disposition of this claim within those six (6) months. 

8. At least six (6) months have elapsed and all conditions precedent to a Federal Tort 

Claims Act have been met.

GENERAL ALLEGATIONS

9. At all times material hereto, non-party JAMESHA FERRELLL was an employee

and/or agent of the United States Postal Service and was operating a 2001 Ford vehicle owned by 

the United States Postal Service while in the course and scope of her employment.

10. At all times material hereto, non-party JAMESHA FERRELLL owed a duty to the 

general public and other motorists, including the Plaintiff, to operate and/or maintain the vehicle 

she was operating in a reasonable and safe manner.

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11. On or about May 7, 2021, Plaintiff was operating her motor vehicle and traveling 

westbound on Southwest 6th Street at or near the intersection with Southwest 21st Avenue in 

Miami, Miami-Dade County, Florida. 

12. At the aforementioned time and place, non-party JAMESHA FERRELLL, whle 

acting in the course and scope of her employment with the United States Postal Service, negligently 

operated the aforementioned 2001 Ford and violated the above duty of care by failing to properly 

observe her surroundings, failing to keep a proper lookout, making an unsafe turn from Southwest 

21st Avenue, violating Plaintiff’s right of way while she traveled on Southwest 6th Street, and 

thereby causing a collision between the 2001 Ford and Plaintiff’s vehicle. 

13. As a direct and proximate result of the negligence of non-party JAMESHA 

FERRELLL, Plaintiff ELIANIS ADAN suffered bodily injuries, disability, discomfort, pain and 

suffering, mental anguish, loss of capacity for the enjoyment of life, loss of wages, and loss of 

wage earning capacity, and aggravation of pre-existing conditions, all of which conditions are 

continuing or are permanent in nature. Furthermore, Plaintiff ELIANIS ADAN was forced to incur 

hospital, medical, surgical and/or nursing expenses in the past and will be required to incur such 

costs in the future for the care and treatment of the injuries received in this accident.

COUNT I – Vicarious Liability against Defendant UNITED STATES OF AMERICA

under Respondent Superior by Plaintiff ELIANIS ADAN

Plaintiff ELIANIS ADAN, by reference, reiterates and adopts paragraphs 1 through 13 and 

further states:

14. At all times material hereto, Defendant UNITED STATES OF AMERICA was and 

is responsible for the negligence of its employees, including that of non-party JAMESHA 

FERRELL, and/or its agents under the doctrine of respondeat superior.

15. At the aforementioned time and place, non-party JAMESHA FERRELLL, whle 

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acting in the course and scope of her employment with the United States Postal Service, negligently 

operated the aforementioned 2001 Ford and violated the above duty of care by failing to properly 

observe her surroundings, failing to keep a proper lookout, making an unsafe turn from Southwest 

21st Avenue, violating Plaintiff’s right of way while she traveled on Southwest 6th Street, and 

thereby causing a collision between the 2001 Ford and Plaintiff’s vehicle. 

16. As a direct and proximate result of the negligence of non-party JAMESHA 

FERRELLL, Plaintiff ELIANIS ADAN suffered bodily injuries, disability, discomfort, pain and 

suffering, mental anguish, loss of capacity for the enjoyment of life, loss of wages, and loss of 

wage earning capacity, and aggravation of pre-existing conditions, all of which conditions are 

continuing or are permanent in nature. Furthermore, Plaintiff ELIANIS ADAN was forced to incur 

hospital, medical, surgical and/or nursing expenses in the past and will be required to incur such 

costs in the future for the care and treatment of the injuries received in this accident.

WHEREFORE, Plaintiff ELIANIS ADAN., individually, demands judgment against 

Defendant UNITED STATES OF AMERICA for damages, costs, and trial by jury for all issues 

so triable.

Respectfully submitted this 15th day of December, 2022.

Madalon Law 

Attorneys for the Plaintiff

100 North Federal Highway, Suite CU-5, 

Fort Lauderdale, Florida 33301

Telephone: 954.923.0072

Facsimile: 954.923.0074

Email: pleadings@madalonlaw.com

By: /s/ Joseph Madalon

Joseph C. Madalon, Esquire

FBN: 735485

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on November 17, 2022, I filed the foregoing document with the 

Clerk of the Court via electronic filing. 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, either via E-Mail or in some other authorized manner for those counsel or parties 

who are not authorized to receive electronically Notices of Filing. 

Madalon Law

Attorneys for Plaintiff

100 North Federal Hwy., 

Suite CU-5, 4th Floor

Fort Lauderdale, FL 33301

Telephone: (954) 923-0072

Facsimile: (954) 923-0074

Email: pleadings@madalonlaw.com

 

By: /s/ Joseph Madalon___

Joseph Madalon, Esq.

Florida Bar Number 735485 

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