Filing # 123192022 E-Filed 03/16/2021 02:54:15 PM

IN THE CIRCUIT COURT OF THE 11TH

JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION

CASE NO.: CASE NO.: 2020-001392-CA-01

VINCENT J. GUARRASI,

Plaintiff,
vs.

SASCHA P. BARBOZA SCHMIDT and

BLUE GREEN CAPITAL, LLC,

Defendants.
__________________________________________/

AMENDED COMPLAINT FOR MONEY DAMAGES AND DEMAND

FOR TRIAL BY JURY

Plaintiff, VINCENT J. GUARRASI, by and through his undersigned counsel, brings this action

against Defendants, SASCHA P. BARBOZA SCHMIDT and BLUE GREEN CAPITAL, LLC, and

alleges as follows, to wit:

GENERAL ALLEGATIONS

1. This is an action for money damages in excess of the minimum jurisdictional limits of this

Court.

2. This is an action for damages in excess of $30,000.00 (Thirty thousand dollars) exclusive

of costs and interest.

3. At all times material hereto, the Plaintiff, VINCENT J. GUARRASI, was and still is a

resident of Miami-Dade County, Florida.

4. At all times material hereto, the Defendant, SASCHA P. BARBOZA SCHMIDT, was and

still is a resident of Miami-Dade County, Florida.

5. On or about September 18, 2019, Plaintiff, VINCENT J. GUARRASI was the operator-rider

of his wheelchair.
 6. On or about September 18, 2019, Defendant, SASCHA P. BARBOZA SCHMIDT, was the

operator of a 2019 Mercedes SUV vehicle registered in the State of Florida with license plate

HXYM07 and VIN 4JGED6EB7KA140708.

7. On or about September 18, 2019, Defendant, SASCHA P. BARBOZA SCHMIDT operated

said motor vehicle at 18101 Biscayne Blvd., Aventura, located in Miami-Dade County, Florida.

8. On or about September 18, 2019, Defendant, SASCHA P. BARBOZA SCHMIDT, carelessly

operated the above-described vehicle so as to cause a violent collision with the wheelchair for which

Plaintiff, VINCENT J. GUARRASI, was the operator-rider, thereby causing serious permanent

injuries to Plaintiff as in hereinafter described.

9. At all times material, Defendant, SASCHA P. BARBOZA SCHMIDT, as driver of the 2019

Mercedes SUV vehicle, had a duty to exercise a reasonable degree of care and safety in the operation

of the above-described vehicle, including, but not limited to, maintaining proper control of said

vehicle and operating said vehicle in accordance with applicable Florida law.

10. Notwithstanding the foregoing duty, Defendant, SASCHA P. BARBOZA SCHMIDT,

breached said duty by failing to operate the vehicle in a careful and prudent manner so as not to

endanger the life, limb, or property of any person.

11. As a direct and proximate result of the aforementioned negligence, Defendant, SASCHA P.

BARBOZA SCHMIDT’s motor vehicle came into contact with the wheelchair for which Plaintiff,

VINCENT J. GUARRASI, was the operator-rider, thereby causing VINCENT J. GUARRASI severe

and permanent personal injuries.

12. The Plaintiff has performed all conditions precedent to bringing this action.

13. That this Honorable Court has jurisdiction over this cause and the parties hereto.

COUNT I
(NEGLIGENCE – SASCHA P. BARBOZA SCHMIDT)

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 Plaintiff readopts and realleges each and every allegation as stated in paragraphs 1 through 13

as if fully set forth herein.

14. At all times material hereto, Defendant, SASCHA P. BARBOZA SCHMIDT, had an

affirmative duty to exercise due care and caution in the operation and/or maintenance of her 2019

Mercedes SUV motor vehicle registered in the State of Florida and bearing Florida vehicle license

plate HXYM07 and VIN 4JGED6EB7KA140708, so as to avoid injury to Plaintiff, VINCENT J.

GUARRASI.

15. That Defendant, SASCHA P. BARBOZA SCHMIDT, breached this duty, by carelessly

and negligently operating or maintaining the above-described motor vehicle, by failing to use due

care and caution thereby causing a violent collision with the wheelchair for which Plaintiff,

VINCENT J. GUARRASI, was the operator-rider, resulting in serious and permanent injuries to

Plaintiff.

16. That as a direct and proximate result of the negligence and carelessness of Defendant,

SASCHA P. BARBOZA SCHMIDT, Plaintiff, VINCENT J. GUARRASI, sustained severe and

grievous personal injuries and/or the aggravation of a pre-existing condition and has caused and

sustained physical and mental pain and suffering, anguish, grief, humiliation, scarring, personal

inconvenience and/or the loss of capacity for the enjoyment of life, loss of earnings, money damages,

loss of the ability to earn money, all of which are continuing and permanent in nature.

17. That as a direct and proximate result of the negligent acts of Defendant, SASCHA P.

BARBOZA SCHMIDT, described herein, Plaintiff, VINCENT J. GUARRASI has sought medical

treatment and has incurred, and will incur in the future, medical and related expenses.

WHEREFORE, Plaintiff, VINCENT J. GUARRASI, demands the entry of a Final Judgment

against Defendant, SASCHA P. BARBOZA SCHMIDT, for money damages in excess of the

minimum jurisdictional limits of this Court, together with court costs and such other relief as this

Court deems just and proper.

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 COUNT II
(NEGLIGENCE – BLUE GREEN CAPITAL, LLC)

Plaintiff readopts and realleges each and every allegation as stated in paragraphs 1 through 13

as if fully set forth herein.

18. BLUE GREEN CAPITAL, LLC is a limited liability company organized and existing

under the laws of the State of Florida. It is the owner and manager of the property located at or

around 18101 Biscayne Blvd., Aventura, FL, the location of the subject impact.

19. The parking lot in which the impact occurred was negligently designed and maintained

in light of the following:

1) There was no traffic control device at the intersection where the impact occurred;

2) There was no designated path for pedestrians including the lack of a sidewalk traversing

the parking lot, and no safe means of ingress and egress for disabled pedestrians such as

Mr. Guarrasi;

3) The bushes in and around the entrance to the parking lot were not maintained in

accordance with code, causing a visual obstruction of the intersection; and

4) Any alternate and undesignated path of travel for disabled invitees utilizing an assistive

ambulatory device was obstructed and not usable for its intended purposes.

20. At all times material hereto, Defendant, BLUE GREEN CAPITAL, LLC, had an

affirmative duty to exercise due care in the operation and maintenance of said parking lot in their

operation and control so as to avoid injury to the Plaintiff, Vincent Guarrasi.

21. The Defendant, BLUE GREEN CAPITAL, LLC, breached this duty by carelessly and

negligently operating and maintaining the above-described property as outlined above, thereby

causing a violent collision with the wheelchair.

22. That as a direct and proximate result of the negligence and carelessness of Defendant, BLUE

GREEN CAPITAL, LLC, Plaintiff, VINCENT J. GUARRASI, sustained severe and grievous
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personal injuries and/or the aggravation of a pre-existing condition and has caused and sustained

physical and mental pain and suffering, anguish, grief, humiliation, scarring, personal inconvenience

and/or the loss of capacity for the enjoyment of life, loss of earnings, money damages, loss of the

ability to earn money, all of which are continuing and permanent in nature.

23. That as a direct and proximate result of the negligent acts of Defendant, BLUE GREEN

CAPITAL, LLC, described herein, Plaintiff, VINCENT J. GUARRASI has sought medical treatment

and has incurred, and will incur in the future, medical and related expenses.

WHEREFORE, Plaintiff, VINCENT J. GUARRASI, demands the entry of a Final Judgment

against Defendant, BLUE GREEN CAPITAL, LLC, for money damages in excess of the minimum

jurisdictional limits of this Court, together with court costs and such other relief as this Court deems

just and proper.

DEMAND FOR TRIAL BY JURY

Plaintiff, VINCENT J. GUARRASI, hereby demands trial by jury of all issues that are triable
as a matter of right.

DATED: This 16th day of March, 2021.

Respectfully submitted,
THE ROLLER LAW GROUP
Attorneys for the Plaintiff
801 NE 167th Street Second Floor
North Miami Beach, FL 33162
Telephone (954) 828-0333
Facsimile (954) 374-6975

By: _/s/ K. Brian Roller______________

K. BRIAN ROLLER
Florida Bar No. 0018696
[email protected]
[email protected]
[email protected]
[email protected]