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FLORIDA RECORD

Thursday, April 18, 2024

Father alleges son was injured in Florida crash because of intoxicated driver

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ORLANDO – A Michigan father is suing two individuals and several Orange County businesses after his son was injured in a crash involving an intoxicated driver.

Kenneth Hibbs, as guardian of Adam Hibbs, an incapacitated person, filed a complaint on May 16 in the 9th Judicial Circuit Court of Florida - Orange County against Johnnie’s Hideaway LLC, Talk of the Town Restaurants Inc., Charley’s  Steakhouse and Seafood Grille of Kissimmee Inc., Ulises Alejandro Resto and Lizette Yolanda Resto alleging negligence and other counts.

According to the complaint, the plaintiff alleges that on Dec. 15, 2013, his son Adam Hibbs attended a holiday party with Ulises Alejandro Resto hosted by both their employers and co-defendants. The suit states Ulises Alejandro Resto was tolerated to consume alcohol and illegal drugs at the defendants' party and was allowed to drive intoxicated with Adam Hibbs as his passenger. The suit states that Ulises Alejandro Resto lost control while driving, which caused injuries to Adam Hibbs. Adam Hibbs has been declared permanently and totally disabled by the U.S. Social Security Administration and is under the legal guardianship of the plaintiff, the suit states.

The plaintiff holds Johnnie’s Hideaway LLC, Talk of the Town Restaurants Inc., Charley’s Steakhouse and Seafood Grille of Kissimmee Inc., Ulises Alejandro Resto and Lizette Yolanda Resto responsible because the defendants allegedly allowed a highly intoxicated employee to leave the premises by motor vehicle.

The plaintiff requests a trial by jury and seeks judgment in his favor, including costs, interest, attorney’s fees, and any other relief that the court deems proper. He is represented by Jeffrey R. Davis of Jeffrey R. Davis PA in Miami and David H. Pollack and Sean Comroe of The Law Office of David H. Pollack in Coral Gables.

9th Judicial Circuit Court of Florida - Orange County case number 17-CA-004442

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