IN THE CIRCUIT COURT OF THE 11TH
JUDICIAL CIRCUIT IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.:
MONICA HARRIS BROOM,
Plaintiff,
vs.
C HUGH TRUCKING, INC., a
Florida Corporation for profit, and
RAMGANESH SOOKDEO,
Defendants.
/
COMPLAINT
Plaintiff, by and through undersigned counsel, hereby sues the defendants, C HUGH
TRUCKING, INC., a Florida corporation for profit and RAMGANESH SOOKDEO for
damages and states as follows:
1. This is an action for damages in excess of $15,000.00 exclusive of costs and interest
and otherwise within the jurisdiction of this Court.
2. At all times material, Plaintiff, MONICA HARRIS BROOM, was and is a resident of
Miami-Dade County, State of Florida, and otherwise sui juris.
3. At all times material, C HUGH TRUCKING, INC., is a Florida corporation
authorized to do and doing business as a trucking company which owned and/or maintained
a 1990, Volvo GM heavy dump truck bearing Florida tag number N4057I and vehicle
identification number 4V1JDBMD7LR804492.
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4. At all times material, RAMGANESH SOOKDEO, was and is a resident of the State
of Florida employed by C HUGH TRUCKING, INC. as a driver and operated the subject
truck while acting within the course and scope of his employment and/or agency.
5. On or about February 16, 2006 at approximately 11:02 a.m., at the intersection of
Northeast 163rd Street and Biscayne Boulevard in Miami-Dade County, State of Florida the
defendant, RAMGANESH SOOKDEO, was operating the subject vehicle with the consent
of and within the course scope of his employment with C HUGH TRUCKING, INC.
6. At said location, date and time RAMGANESH SOOKDEO operated the subject truck
in a negligent and careless manner which caused it to collide with the vehicle driven by the
Plaintiff, MONICA HARRIS BROOM..
7 Defendant, C HUGH TRUCKING, INC., is vicariously liable to the Plaintiff as a
result of the negligence of its employee and/or agent RAMGANESH SOOKDEO and is
additionally liable to the Plaintiff as the owner of the subject truck pursuant to the doctrine of
dangerous instrumentality.
8. Defendant, C HUGH TRUCKING, INC., breached its duty to the Plaintiff MONICA
HARRIS BROOM and was negligent in one or more of the following ways, but not limited
thereto:
a. negligently hiring and retaining the driver of the subject vehicle;
b. failing to conduct an adequate investigation of the driver=s driving history
and restrictions;
c. failing to properly maintain the subject vehicle in a safe condition;
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d. failing to conduct proper and timely inspections and repair of the subject
truck;
e. failing to properly instruct, train and supervise the driver of the subject truck;
f. failing to adopt and enforce adequate policies and procedures with regards to
the use and condition of the subject vehicles, the working conditions and the
number of hours worked by its drivers, including the subject driver of the
truck.
9. As a direct and proximate cause of the above mentioned joint and severable
negligence and carelessness of the defendants, RAMGANESH SOOKDEO and C HUGH
TRUCKING, INC., Plaintiff was injured in and about her head, body and extremities,
suffered a closed head injury and cervical disc injury, suffered pain therefrom, suffered
physical handicap, mental anguish, the loss of capacity for the enjoyment of life, the
aggravation of preexisting conditions, inconvenience, the loss of income, the loss of future
loss earning capacity, incurred medical expenses in the treatment of her injuries. These
injuries are permanent and continuing in nature. Plaintiff will suffer these losses and
impairments into the future.
WHEREFORE, Plaintiff, MONICA HARRIS BROOM, demands judgment against
the Defendants, C HUGH TRUCKING, INC. and RAMGANESH SOOKDEO for
compensatory damages in excess of the minimal jurisdictional limits of this Court, pre-
judgment and post-judgment interest as allowed by law, costs of bring this action and
demands trial by jury of all issues so triable.
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DATED this _____ day of April, 2006.
Respectfully submitted,
RATZAN & ALTERS, P.A.
Attorneys for Plaintiff
Wachovia Financial Center, 54th Floor
200 South Biscayne Boulevard
Miami, FL 33131
Telephone: (305) 374-6366
Facsimile: (305) 374-6755
By: __________________________
Stuart N. Ratzan
Florida Bar No. 911445
Joseph R. Furst
Florida Bar No. 0880701