aaron hernandez palm beach documents

8/9/2019 Aaron Hernandez Palm Beach Documents

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UNITED STATES

DISTRICT COURT

SOUTHERN

DISTRICT

OF

FLORIDA

ALEXANDER

S.

BRADLEY,

13

Civ.

Plaintifl

COMPLAINT

-against-

AARON HERNANDEZ,

)unv

Tnrar

Dsueupro

Defendant.

Plaintifl by his attorneys,

Jaroslawicz

&

Jaros

LLC

and Waks &

Barnett,

P.4.,

complaining of

the

defendant,

alleges

as

follows:

THE PARTIES

L. At

all times

hereinafter mentioned,

plaintiff

is a

citizen

of

the State of

Connecticut.

2.

At

all

times hereinafter mentioned, defendant

is

a

citizen

of

the

State

of

Massachusetts.

IURISDICTION

AND VENUE

3.

That

the

amount in controversy

exceeds

the sum of

100,000,

exclusive of

interest

and costs.

4.

That

this Court has

jurisdiction

over

the parties

by

reason

of

diversity

of

citizenship and

the

amount in controversy/ pursuant

to

28

U.S.C. 1332.

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5. Pursuant

to

28

U.S.C.

I39L(b)(2),venue

is

properly placed in

the

United States

District

Court

for

the

Southern

District

of

Florida

since

this

is the

place

where all

the events

occurred and this

is

the most convenient

place

for

the

trial

of

this action.

THE

UNDERLYING

FACTS

6.

ThatonoraboutFebruary13,20L3,theplaintiffanddefendant,withagroup

of

other

people,

went to spend

the evening

at

Tootsie s a

strip club

located in

Miami,

Florida.

7.

That while at the club

in

question,

plaintiff

and

defendant had an argument.

8.

Thereafter

plaintiff and defendant

and two other

persons were

driving

from

Miami towards

Palm

Beactu Florida.

9.

Defendant had

in

his

possession a

gun.

The gun discharged.

10.

That at all times

material,

the

defendant

owed

the

duty

to

use

reasonable care

while

he was with

the

plaintiff.

AS

AND

FOR

A

FIRST

CLAIM

FOR

RETIEF

NEGLIGENCE

L1.

Defendant

caused

the gun to

go off while aiming

it

at the

plaintiff.

12.

That the defendant

breached the

duty

of care

which

he

owed

to

the

plaintiff

and

was

negligent and grossly

negligent

in

one

or

more of the

following

manners:

(u)

Defendant

caused

plaintiff to be shoÇ

(b) Defendant

failed

to use

the

gun

in

a

proper manner;

(c) Defendant

possessed a

gun

whichhewasnotlegally

licensed

to

have;

(d) Defendant

failed

to

be

properly

trained in the use of

firearms; and

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(e) Defendant

was

otherwise

reckless, careless

and negligent.

13.

That as a direct

and

proximate result

of the

negligence

of

the defendant as

described,

plaintiff

suffered

bodily

injury, including

loss

of his

right

eye;

multiple

surgeries

in

the area

of

the

right

eye

to

reconstruct

his

face

and plaintiff

will

require additional

surgeries;

plaintiff had

plates

and screws

inserts in the right side of his

face;

pain

and

twitches;

jaw

pain

and

TMJ;

headaches;

difficulty eating;

plaintiff requires

a

bite

plate;

plaintiff

also

suffered

injury to his right dominant hand and arm,

requiring surgery and

may require

further surgery; extreme

pain

and

suffering; mental anguish and

distress;

cosmetic deformity;

scarring;

plaintiff

will

require

extensive medical

care

and treatment

for the

rest

of his

life;

plaintiff

has become substantially

disabled; unable to attend to his

usual

duties and

vocation; and plaintiff has been otherwise

damaged, all

of which

damages

are

permanent

in

nature and continuing

into

the

future.

14. By reason of the defendant s

gross negligence,

plaintiff is

entitled

to

recover

all damages,

including actual and punitive

damages

from

the

defendant.

AS AND FOR A SECOND CLAIM

FOR RELIEF

INTENTIONAL

TORT

15. Plaintiff

repeats,

reiterates and

realleges each

of

the foregoing

allegations

with

the

same

force and

effect

as

if

more

fully

set

forth

at

length

herein.

16. That

the

defendant s

actions

in

having the

gun

discharge

while

aimed at

the

plaintiff were deliberate and with

the

intent by defendant to cause harm to

plaintiff.

17,

As

a

result

of

the intentional acts by defendant,

plaintiff

suffered severe and

permanent

personal injuries as set forth above.

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22/24

L8.

By

reason of

the

defendant's

intentional

conduct,

plaintiff

is

entitled

to

recover all

damages,

including actual and

punitive

damages

from

the

defendant.

WHEREFORE,

plaintiff

demands

judgment for

damages

against

the

defendant,

both

actual and

punitive

damages,

as well

as

costs of

this action,

for prejudgment

interest, for

trial

by

jury,

and any other relief

deemed

just

and

appropriate by

this

Honorable

Court.

JAROSLAWTCZ IAROS,

LLC

Co-Counsel for Plaintiff

225 Broadw ay, 24'h Floor

New York, New York 10007

(212)227-2780

[email protected]

WAKS BARNETT, P.A.

Co-Counsel for Plaintiff

9900 S.W.

L07th

Avenue, Suite LOL

Andrew

L.

Waks

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23/24

of initi{ìting

the

civil

dockct

shcet.

ls¿?

/Nsfnuczo,vs oiv

À¡rÀ?PlG¿'o¡'2.//.t

i'oÂ.V)

NOTICE:

Atrornõys MUST Indic¡te

All

Rc-filcd

Cases

Bclorv.

JS44

(Rcv.

l2l12)

I.(a) PLAINTIFFS

ALEXANDER S.

BRADLEY

(b)

County ot

nesidencc

of

l:irst

Listcd

Plaintiff

Connecticut

(EXCEPT

IN

U.S.

PL,{ÌNlIIII;

C/ISES)

(C)

Attorncys (Firu

Nunc,

Åd


24/24

AO 440

(Rcv.

06/12) Surnrnons in a Civil Action

UNITBo

SrRres

DIsrnIcT

CoURT

fior

the

Southern

District

of

Florida

E

ALEXANDER

S. BRADLEY

Plaintill(s)

v.

AARON HERNANDEZ

Civil

Action

No.

Defendant(s)

SUMMONS

IN A

CIVIL ACTION

r

o

:

¡

D

e¡e n

tr

a

n t's,M

m

e a

n

d a d

d r e s

s

ä R3å,i

T

lâT3r=.Í

o r,

orth

Attleboro,

MA 02760

A lawsuit has

been

fìled

against

you.

rWithin

2l days

after service

of

this summons

on

you

(not

counting the day

you

received

it)

-

or 60 days if

you

are the

United States or a

United

States agency,

or

an

officer

or employee

of the United

States

described in Fed.

R. Civ.

P.

12

(a)(2)

or (3)

-

you

must serve on the

plaintiff

an ans,vr/er

to the

attached

complaint

or

a

motion

under

Rule

l2

of

the Federal Rules

of

Civil

Procedure.

The answer

or motion must

be served

on

the

plaintiff

or

plaintiffls

attorney,

whose

name

and

address

are:

Andrew

L.

Waks,

Esq.

WAKS

& BARNETT,

P.A.

9900

SW 107th Ave.,

#101

Miami, FL

33176

Tel:

(305)

271-8282

If

you

fail

to

respond,

judgment

by default will be entered

against

you

for the

relief

demanded

in

the complaint.

You also must file

your

answer

or motion

with

the

court.

CLERK

OF

COURT

Date:

Sigtatw'e

of Clerk or Deputy

Clerk

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