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Filing # 106530745 E-Filed 04/21/2020 05:13:26 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CASE NO:
XIAO SHENG YUE,
Plaintiff,
vs.
CYNTHIA M. FOERSTER AND
CHAPP, INC.,
Defendants.
/
COMPLAINT
Plaintiff, XIAO SHENG YUE, sues Defendants, CYNTHIA M. FOERSTER and
CHAPP, INC., and alleges:
1 This is an action for damages that exceeds the sum of THIRTY THOUSAND
DOLLARS ($30,000.00), exclusive of costs, interest and attorneys’ fees (The estimated value of
Plaintiff's claim is in excess of the minimum jurisdictional threshold required by this Court).
Accordingly, Plaintiff has entered “$30,001” in the civil cover sheet for the “estimated amount of
the claim’ as required in the preamble to the civil cover sheet for jurisdictional purposes only (the
Florida Supreme Court has ordered that the estimated “amount of claim” be set forth in the civil
cover sheet for data collection and clerical purposes only). The actual value of Plaintiff's claim will
be determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const.
2. At all times material to this action, Plaintiff was a natural person residing in Osceola
County, Florida.
3 At all times material to this action, Defendant, CYNTHIA M. FOERSTER, was a
natural person residing in Polk County, Florida.
4 At all times material to this action, CHAPP, Inc. was a Florida for Profit
Corporation.
5 On or about September 11, 2018, Plaintiff was operating a motor vehicle on Oren
Brown Road in Osceola County, Florida.
6. At that time and place, Defendant, CYNTHIA M. FOERSTER, was operating a
motor vehicle owned by Defendant, CHAPP, INC., on Oren Brown Road in Osceola County,
Florida.
7. Defendant, CYNTHIA M. FOERSTER, was operating and driving the motor
vehicle with the permission and consent of its owner, Defendant, CHAPP, INC.
8 At that time and place, Defendants negligently operated and/or maintained the motor
vehicle so that it collided with Plaintiff's motor vehicle.
9. Defendant, CHAPP, INC., is vicariously liable for the negligence of Defendant,
CYNTHIA M. FOERSTER, pursuant to the Florida Dangerous Instrumentality Doctrine.
10. As a direct and proximate result of Defendants’ negligence, Plaintiff suffered bodily
injury including a permanent injury to the body as a whole, pain and suffering of both a physical
and mental nature, disability, physical impairment, disfigurement, mental anguish, inconvenience,
loss of capacity for the enjoyment of life, aggravation of an existing condition, expense of
hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn
money and loss of ability to lead and enjoy a normal life. The losses are either permanent or
continuing and Plaintiff will suffer the losses in the future. Plaintiff's motor vehicle was also
damaged.
WHEREFORE, Plaintiff, XIAO SHENG YUE, demands judgment for damages against
Defendants, CYNTHIA M. FOERSTER and CHAPP, INC., and other such relief deemed proper by
the Court. Plaintiff also demands a jury trial on all issues so triable.
RESPECTFULLY submitted this 21st day of April, 2020
/s/ Manuel Stefan, Esq.
Manuel “Manny” Stefan, Esq.
Florida Bar No.: 0103389
MORGAN & MORGAN, P.A.
4495 South Semoran Blvd.
Orlando, FL 32822
Telephone No.: (407) 452-6982
Facsimile No.: (407) 572-0124
Primary email: MStefan@forthepeople.com
Secondary email: EDiaz@forthepeople.com
Attorney for Plaintiff
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Filing # 106530745 E-Filed 04/21/2020 05:13:26 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO: XIAO SHENG YUE, Plaintiff, vs. CYNTHIA M. FOERSTER AND CHAPP, INC., Defendants. / COMPLAINT Plaintiff, XIAO SHENG YUE, sues Defendants, CYNTHIA M. FOERSTER and CHAPP, INC., and alleges: 1 This is an action for damages that exceeds the sum of THIRTY THOUSAND DOLLARS ($30,000.00), exclusive of costs, interest and attorneys’ fees (The estimated value of Plaintiff's claim is in excess of the minimum jurisdictional threshold required by this Court). Accordingly, Plaintiff has entered “$30,001” in the civil cover sheet for the “estimated amount of the claim’ as required in the preamble to the civil cover sheet for jurisdictional purposes only (the Florida Supreme Court has ordered that the estimated “amount of claim” be set forth in the civil cover sheet for data collection and clerical purposes only). The actual value of Plaintiff's claim will be determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const. 2. At all times material to this action, Plaintiff was a natural person residing in Osceola County, Florida. 3 At all times material to this action, Defendant, CYNTHIA M. FOERSTER, was a natural person residing in Polk County, Florida. 4 At all times material to this action, CHAPP, Inc. was a Florida for Profit Corporation. 5 On or about September 11, 2018, Plaintiff was operating a motor vehicle on Oren Brown Road in Osceola County, Florida. 6. At that time and place, Defendant, CYNTHIA M. FOERSTER, was operating a motor vehicle owned by Defendant, CHAPP, INC., on Oren Brown Road in Osceola County, Florida. 7. Defendant, CYNTHIA M. FOERSTER, was operating and driving the motor vehicle with the permission and consent of its owner, Defendant, CHAPP, INC. 8 At that time and place, Defendants negligently operated and/or maintained the motor vehicle so that it collided with Plaintiff's motor vehicle. 9. Defendant, CHAPP, INC., is vicariously liable for the negligence of Defendant, CYNTHIA M. FOERSTER, pursuant to the Florida Dangerous Instrumentality Doctrine. 10. As a direct and proximate result of Defendants’ negligence, Plaintiff suffered bodily injury including a permanent injury to the body as a whole, pain and suffering of both a physical and mental nature, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, aggravation of an existing condition, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. Plaintiff's motor vehicle was also damaged. WHEREFORE, Plaintiff, XIAO SHENG YUE, demands judgment for damages against Defendants, CYNTHIA M. FOERSTER and CHAPP, INC., and other such relief deemed proper by the Court. Plaintiff also demands a jury trial on all issues so triable. RESPECTFULLY submitted this 21st day of April, 2020 /s/ Manuel Stefan, Esq. Manuel “Manny” Stefan, Esq. Florida Bar No.: 0103389 MORGAN & MORGAN, P.A. 4495 South Semoran Blvd. Orlando, FL 32822 Telephone No.: (407) 452-6982 Facsimile No.: (407) 572-0124 Primary email: MStefan@forthepeople.com Secondary email: EDiaz@forthepeople.com Attorney for Plaintiff