Complaint

Filing # 88966912 E-Filed 05/03/2019 02:35:02 PM
IN THE CIRCUIT COURT OF THE

11th JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION

PAOLA LONDON, as the Putative
Personal Representative of the Estate of
PETER LONDON, deceased, and on
behalf of herself as surviving spouse, CASE NO.:
Plaintiffs,
v.
NICOLAS PERALTA TORT and

CARLOS PERALTA QUINTERO,
Defendants.
_________________________________________/
COMPLAINT
The Plaintiff, PAOLA LONDON, as the Putative Personal Representative of the Estate of
PETER LONDON, deceased, and on behalf of herself as surviving spouse, sues the Defendants
NICOLAS PERALTA TORT and CARLOS PERALTA QUINTERO, and alleges as follows:
JURISDICTIONAL STATEMENT AND IDENTIFICATION OF PARTIES
1. This is an action for wrongful death, claiming damages in excess of the
jurisdictional limits of this Court. This case arises out of the death of Peter London, who was
killed while a passenger in a Lamborghini that Defendant Nicolas Peralta Tort crashed at the
Palm Beach International Raceway on April 16, 2019.
2. Plaintiff Paola London is wife of the deceased Peter London and will be
appointed personal representative of his Estate.
3. Defendant Carlos Peralta is an individual residing in Miami-Dade County,
Florida. Mr. Peralta is the father of Defendant Nicolas Peralta Tort and owner of the 2013
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Grossman Roth Yaffa Cohen, P.A.
2525 Ponce de Leon Boulevard, Suite 1150, Coral Gables, Florida 33134 T 305.442.8666 F 305.285.1668
Lamborghini Aventador, VIN: ZHWUR1ZDXDLA01769, involved in the April 16, 2019 crash
(the “Lamborghini”).
4. Defendant Nicolas Peralta Tort is an individual residing in Miami-Dade County,
Florida.
5. Any and all conditions precedent to the maintenance of this action have been
complied with.
6. Venue is proper in Miami-Dade County, Florida where the defendants maintain
their residences.
FACTS GIVING RISE TO CAUSE OF ACTION
7. On April 16, 2019, Defendant Carlos Peralta permitted Defendant Nicolas Peralta
Tort to race the Lamborghini at the Palm Beach International Raceway located at 17047 Bee
Line Hwy, Jupiter, Florida 33478 (the “Raceway”).
8. To instruct and accompany Nicolas in the Lamborghini, Defendants hired
decedent Peter London through the Raceway.
9. On this day, the weather conditions were clear and the Raceway track was dry.
10. During the race, Defendant Nicolas Tort violently crashed the Lamborghini into a
concrete barricade while Peter London was in the front passenger seat of the vehicle. Defendant
Nicolas Tort survived the crash, but Peter London was killed.
11. As a direct and proximate result of the negligence of Defendants, Peter London
died, leaving a surviving wife, Plaintiff Paola London.
COUNT I
NEGLIGENCE AGAINST DEFENDANT NICOLAS PERALTA TORT
12. The Plaintiff adopts and realleges paragraphs 1 through 11 and further alleges:
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13. Defendant Nicolas Peralta Tort owed a duty to his passenger Peter London, to
drive the Lamborghini with reasonable care.
14. Defendant Nicolas Peralta Tort however, breached his duty in the following ways:
a. Failing to drive the Lamborghini in a safe and reasonable manner;
b. Failing to pay attention to the roadway while driving the Lamborghini;
c. Failing to maintain control of the Lamborghini;
d. Driving the Lamborghini at an unsafe speed, which was greater than
reasonable and prudent under the circumstances;
e. Crashing the Lamborghini into a barricade;
f. Failing to follow the rules and regulations of driving a vehicle on a roadway;
g. Negligently or fraudulently misrepresenting his driving experience to
Raceway and Peter London;
h. Failing to follow the instructions of Peter London and the Raceway while
driving the Lamborghini;
i. Failing to maintain or repair the Lamborghini prior to the subject incident;
j. Other acts of negligence to be determined through discovery.
15. As a direct and proximate result of the negligence of the Defendant Nicolas
Peralta Tort, Peter London was killed at said Raceway on April 16, 2019.
COUNT II
CLAIM AGAINST DEFENDANT CARLOS PERALTA
VICARIOUS LIABILITY FOR NEGLIGENT OPERATION OF THE

LAMBORGHINI BY NICOLAS TORT
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17. Defendant Carlos Peralta owned the Lamborghini, a dangerous instrumentality,
which was negligently driven by Defendant Nicolas Peralta Tort.
18. Nicolas Peralta Tort raced the Lamborghini at the Raceway, with Carlos Peralta’s
full knowledge and consent.
19. Therefore, Defendant Carlos Peralta, as the owner of the Lamborghini, is strictly
and vicariously liable for Defendant Nicolas Peralta Tort’s negligent operation of the
Lamborghini as alleged in Count I and the damages alleged below.
COUNT III
CLAIM AGAINST DEFENDANT CARLOS PERALTA
NEGLIGENT ENTRUSTMENT OF THE LAMBORGHINI TO

DEFENDANT NICOLAS PERALTA TORT
21. Defendant Nicolas Peralta Tort was inexperienced and unable to operate the
Lamborghini in a safe and reasonable manner.
22. Further, Defendant Nicolas Peralta Tort had a propensity to drive at excessive and
unsafe speeds, which rendered him an unfit and unsafe driver.
23. Defendant Carlos Peralta, as the father of Nicolas Peralta Tort, knew or had
reason to know of Nicolas Peralta Tort’s inability to drive the Lamborghini safely.
24. Knowing of this unfitness, Defendant Carlos Peralta entrusted the dangerous
instrumentality, the Lamborghini, to Defendant Nicolas Peralta Tort on April 16, 2019, to be
used at the Raceway.
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25. Entrusting the Lamborghini to Defendant Nicolas Peralta Tort on April 16, 2019
created an appreciable risk of harm to Peter London, and a corresponding duty on the part of the
entruster, Defendant Carlos Peralta, to avoid such a risk.
26. Plaintiff’s damages were proximately caused by the negligence of Defendant
Carlos Peralta in entrusting a dangerous instrumentality, the Lamborghini, to Defendant Nicolas
Peralta Tort, and, thus, Defendant Carlos Peralta is liable for the damages alleged below.
DAMAGES COMMON TO ALL COUNTS
27. As a direct and proximate result of the negligence of the Defendants which caused
the death of Peter London, Paola London, as the intended personal representative of the Estate of
Peter London, sets forth the below listed claims for the Estate, herself as surviving spouse,
pursuant to Florida Statute Section 768.21, the Wrongful Death Act.
CLAIM OF PERSONAL REPRESENTATIVE

ON BEHALF OF THE ESTATE OF PETER LONDON
28. The Estate of Peter London has in the past suffered, and will in the future
continue to suffer the following damages:
a. Loss of earnings of Peter London from the date of his death, less lost support and
services, excluding contributions in kind, with interest;
b. Loss of net accumulations beyond death; and
c. Medical or funeral expenses, or both, which have been incurred due to Peter
London’s death that have become a charge against his Estate or that were paid by
or on behalf of Peter London, excluding the amounts recoverable by Plaintiff
Paola London.
CLAIM OF PERSONAL REPRESENTATIVE OF ESTATE OF PETER LONDON ON

BEHALF OF SURVIVING SPOUSE PAOLA LONDON
29. Paola London, the surviving spouse of Peter London, has in the past suffered, and
will in the future continue to suffer the following damages:
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a. The value of lost support and services from the date of Peter London’s death, with
interest;
b. Future loss of support and services from the date of death, and reduced to present
value, to the extent of Peter London’s normal life expectancy;
c. Loss of Peter London’s companionship and protection; and
d. Mental anguish, pain and suffering from the date of death.
WHEREFORE, the Plaintiff Paola London demands judgment against the Defendants for
all damages recoverable by Plaintiffs under the laws of Florida.
DEMAND FOR JURY TRIAL
30. Plaintiffs demand trial by jury on all issues triable as of right by a jury, dated this
3rd day of May, 2019.
/s/ Stuart Z. Grossman, Esq.

Stuart Z. Grossman, Esq.
Florida Bar No.: 156113
William P. Mulligan, Esq.
Florida Bar No.: 106521
GROSSMAN ROTH YAFFA COHEN, P.A.
Attorneys for Plaintiff
2525 Ponce de Leon Boulevard
Suite 1150
Coral Gables, Florida 33134
Emails: [email protected]
[email protected]
[email protected]
Telephone: 305-442-8666
Facsimile: 305-285-1668
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Filing # 88966912 E-Filed 05/03/2019 02:35:02 PM

IN THE CIRCUIT COURT OF THE

CIRCUIT CIVIL DIVISION

NICOLAS PERALTA TORT and

JURISDICTIONAL STATEMENT AND IDENTIFICATION OF PARTIES

1. This is an action for wrongful death, claiming damages in excess of the

Palm Beach International Raceway on April 16, 2019.

appointed personal representative of his Estate.

3. Defendant Carlos Peralta is an individual residing in Miami-Dade County,

4. Defendant Nicolas Peralta Tort is an individual residing in Miami-Dade County,

6. Venue is proper in Miami-Dade County, Florida where the defendants maintain

FACTS GIVING RISE TO CAUSE OF ACTION

Line Hwy, Jupiter, Florida 33478 (the “Raceway”).

8. To instruct and accompany Nicolas in the Lamborghini, Defendants hired

decedent Peter London through the Raceway.

died, leaving a surviving wife, Plaintiff Paola London.

NEGLIGENCE AGAINST DEFENDANT NICOLAS PERALTA TORT

drive the Lamborghini with reasonable care.

a. Failing to drive the Lamborghini in a safe and reasonable manner;

b. Failing to pay attention to the roadway while driving the Lamborghini;

c. Failing to maintain control of the Lamborghini;

d. Driving the Lamborghini at an unsafe speed, which was greater than

reasonable and prudent under the circumstances;

e. Crashing the Lamborghini into a barricade;

f. Failing to follow the rules and regulations of driving a vehicle on a roadway;

g. Negligently or fraudulently misrepresenting his driving experience to

Raceway and Peter London;

driving the Lamborghini;

i. Failing to maintain or repair the Lamborghini prior to the subject incident;

j. Other acts of negligence to be determined through discovery.

CLAIM AGAINST DEFENDANT CARLOS PERALTA

VICARIOUS LIABILITY FOR NEGLIGENT OPERATION OF THE

which was negligently driven by Defendant Nicolas Peralta Tort.

full knowledge and consent.

Lamborghini as alleged in Count I and the damages alleged below.

CLAIM AGAINST DEFENDANT CARLOS PERALTA

NEGLIGENT ENTRUSTMENT OF THE LAMBORGHINI TO

Lamborghini in a safe and reasonable manner.

unsafe speeds, which rendered him an unfit and unsafe driver.

used at the Raceway.

entruster, Defendant Carlos Peralta, to avoid such a risk.

26. Plaintiff’s damages were proximately caused by the negligence of Defendant

Carlos Peralta in entrusting a dangerous instrumentality, the Lamborghini, to Defendant Nicolas

DAMAGES COMMON TO ALL COUNTS

pursuant to Florida Statute Section 768.21, the Wrongful Death Act.

CLAIM OF PERSONAL REPRESENTATIVE

continue to suffer the following damages:

b. Loss of net accumulations beyond death; and

CLAIM OF PERSONAL REPRESENTATIVE OF ESTATE OF PETER LONDON ON

will in the future continue to suffer the following damages:

c. Loss of Peter London’s companionship and protection; and

d. Mental anguish, pain and suffering from the date of death.

all damages recoverable by Plaintiffs under the laws of Florida.

DEMAND FOR JURY TRIAL

3rd day of May, 2019.

/s/ Stuart Z. Grossman, Esq.

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