19HA-CV-22-2242
`
`Filed in District Court
`State of Minnesota
`7/8/2022 1:15 PM
`
`
`
` DISTRICT COURT
`
` FIRST JUDICIAL DISTRICT
`
` Case Type: Personal Injury
` Court File No.: _________
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`SUMMONS
`
`STATE OF MINNESOTA
`
`COUNTY OF DAKOTA
`
`
`Angelica Avila Tapia,
`
`Plaintiff,
`
`v.
`
`Brian Patrick Weaver,
`Reinhart Foodservice, LLC, and
`Reyes Holdings, LLC.
`
`Defendants.
`
`
`THE STATE OF MINNESOTA TO THE ABOVE-NAMED DEFENDANTS:
`
`YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The
`1.
`Plaintiff’s Complaint against you is attached to this Summons. Do not throw these papers away.
`They are official papers that affect your rights. You must respond to this lawsuit even though it
`may not yet be filed with the Court and there may be no Court file number on this Summons.
`
`YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS.
`2.
`You must give or mail to the person who signed this Summons a written response called an
`Answer within 20 days of the date on which you received this Summons. You must send a copy
`of your Answer to the person who signed this Summons located at Robichaud, Schroepfer &
`Correia, P.A., 1601 Hennepin Avenue, Suite 200, Minneapolis, MN 55403.
`
`YOU MUST RESPOND TO EACH CLAIM. The Answer is your written
`3.
`response to the Plaintiff’s Complaint. In your Answer you must state whether you agree or
`disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given
`everything asked for in the Complaint, you must say so in your Answer.
`
`YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN
`4.
`RESPONSE TO THE COMPLAINT TO THE PERSON WHO SIGNED THIS
`SUMMONS. If you do not Answer within 20 days, you will lose this case. You will not get to
`tell your side of the story, and the Court may decide against you and award the Plaintiff
`everything asked for in the Complaint. If you do not want to contest the claims stated in the
`Complaint, you do not need to respond. A Default Judgment can then be entered against you for
`the relief requested in the Complaint.
`
`LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you
`5.
`do not have a lawyer, the Court Administrator may have information about places where you can
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`19HA-CV-22-2242
`
`Filed in District Court
`State of Minnesota
`7/8/2022 1:15 PM
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`get legal assistance. Even if you cannot get legal help, you must still provide a written
`Answer to protect your rights or you may lose the case.
`
`ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be
`6.
`ordered to participate in an alternative dispute resolution process under Rule 114 of the
`Minnesota General Rules of Practice. You must still send your written response to the
`Complaint even if you expect to use alternative means of resolving this dispute.
`
`Dated: May 23, 2022
`
`
`
`
`
`
`ROBICHAUD, SCHROEPFER
`& CORREIA, P.A.
`
`/s/ Robert A. Correia
`Paul W. Schroepfer (#0392448)
`Robert A. Correia (#0397291)
`Samuel H. Dilley (#0400048)
`1601 Hennepin Avenue, Suite 200
`Minneapolis, MN 55403
`(612) 333-3343
`paul@robichaudlaw.com
`robert@robichaudlaw.com
`samuel@robichaudlaw.com
`
`
`
`
`
`
`Attorneys for Plaintiff
`
`2
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`19HA-CV-22-2242
`
`Filed in District Court
`State of Minnesota
`7/8/2022 1:15 PM
`
`
`
` DISTRICT COURT
`
` FIRST JUDICIAL DISTRICT
`
` Case Type: Personal Injury
` Court File No.: _________
`
`COMPLAINT
`
`STATE OF MINNESOTA
`
`COUNTY OF DAKOTA
`
`
`Angelica Avila Tapia,
`
`Plaintiff,
`
`v.
`
`Brian Patrick Weaver,
`Reinhart Foodservice, LLC, and
`Reyes Holdings, LLC.
`
`Defendants.
`
`COMES NOW: The above-named Plaintiff, Ms. Angelica Avila Tapia, for her claim for relief,
`states and alleges as follows:
`
`COUNT I – NEGLIGENCE OF DEFENDANT BRIAN PATRICK WEAVER
`
`1. On or about December 16, 2019, Plaintiff Angelica Avila Tapia (hereinafter “Plaintiff”)
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`was the driver of a motor vehicle traveling upon a public roadway at or near the
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`intersection of Lothenbach Avenue and Robert Street South, in the City of West Saint
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`Paul, County of Dakota, State of Minnesota.
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`2. At said time and place, a motor vehicle owned by Defendant Reinhart Foodservice, LLC,
`
`(hereinafter “Defendant Reinhart”) and/or Defendant Reyes Holdings, LLC (hereinafter
`
`“Defendant Reyes”) was being operated by Defendant Brian Patrick Weaver (hereinafter
`
`“Defendant Weaver”) and was also traveling upon a public roadway at or near the
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`intersection of Lothenbach Avenue and Robert Street South, in the City of West Saint
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`Paul, County of Dakota, State of Minnesota.
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`19HA-CV-22-2242
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`Filed in District Court
`State of Minnesota
`7/8/2022 1:15 PM
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`3. At said time and place, Defendant Weaver backed the motor vehicle which he was
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`operating into the above-referenced intersection with a solid red light/semaphore for
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`Defendant Weaver’s direction of travel.
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`4. At said time and place, Plaintiff was traveling southbound on Robert Street South and
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`Plaintiff had a solid green light/semaphore for her direction of travel.
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`5. At said time and place, Plaintiff’s motor vehicle collided with the trailer attached to
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`Defendant Weaver’s motor vehicle in the above-referenced intersection, resulting in a
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`motor vehicle collision.
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`6. At said time and place, and specifically at the moment of impact as described above in
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`paragraph 5 of
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`this Complaint, Plaintiff’s direction of
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`travel had a solid green
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`light/semaphore and Defendant Weaver had a solid red light/semaphore for his direction
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`of travel.
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`7. The motor vehicle collision referenced herein directly caused physical damage to both the
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`motor vehicle Plaintiff was operating and the trailer attached to Defendant Weaver’s
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`motor vehicle.
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`8. Plaintiff sustained permanent and severe personal injuries as a direct result of the motor
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`vehicle collision referenced herein.
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`9. Defendant Weaver’s failure to keep a proper lookout, failure to maintain control of his
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`motor vehicle, failure to yield the right of way, failure to stop, failure to obey Minnesota
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`traffic laws, and failure to drive with due care, caused the motor vehicle collision
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`referenced herein and the resulting injuries to Plaintiff sustained as a direct result thereof.
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`19HA-CV-22-2242
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`Filed in District Court
`State of Minnesota
`7/8/2022 1:15 PM
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`10. Defendant Weaver’s inattention, carelessness, and negligence directly caused the motor
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`vehicle collision referenced herein and the resulting injuries to Plaintiff sustained as a
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`direct result thereof.
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`11. Defendant Weaver breached his duty of care to Plaintiff at the time of the motor vehicle
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`collision referenced herein.
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`12. Defendant Weaver operated his motor vehicle in a negligent and careless manner at the
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`time of the motor vehicle collision referenced herein in violation of Minnesota Statutes
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`section 169.13, subdivision 2(a).
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`13. Defendant Weaver acted negligently and failed to obey the traffic control devices at the
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`time of the motor vehicle collision referenced herein in violation of Minnesota Statutes
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`section 169.06, subdivision 4(a).
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`14. Based upon information and belief, Defendant Weaver’s negligent actions and/or
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`omissions at the time of the motor vehicle collision referenced herein also violated
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`multiple other Minnesota traffic regulations codified in Minnesota Statutes section 169 et
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`seq.
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`15. Defendant Weaver was negligent in the operation of the motor vehicle he was operating
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`at the time of the vehicle collision referenced herein.
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`16. Defendant Weaver’s negligence was a direct cause of the motor vehicle collision
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`referenced herein.
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`17. Defendant Weaver’s negligence was a direct cause of the permanent and severe personal
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`injuries Plaintiff sustained as a direct result of the motor vehicle collision referenced
`
`herein.
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`19HA-CV-22-2242
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`Filed in District Court
`State of Minnesota
`7/8/2022 1:15 PM
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`18. As a direct result of Defendant Weaver’s negligence, Plaintiff sustained permanent and
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`severe personal
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`injuries; Plaintiff received reasonable and necessary medical care;
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`Plaintiff requires compensation for future medical care; Plaintiff was disabled for greater
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`than sixty days; Plaintiff sustained a permanent disfigurement; and, Plaintiff was
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`otherwise severely and permanently injured, thereby satisfying the thresholds set forth at
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`Minnesota Statutes section 65B.51, subdivision 3; Plaintiff has incurred and will incur
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`medical expenses for the treatment of her injuries; Plaintiff has incurred and will incur a
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`loss of earnings and earning capacity; Plaintiff has suffered and will suffer physical and
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`mental pain; and, Plaintiff has thereby been damaged and injured in an amount greater
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`than $50,000.00.
`
`COUNT II – VICARIOUS LIABILITY OF DEFENDANT REYES HOLDINGS, LLC
`
`As to paragraphs 1-18 of Count II, Plaintiff realleges paragraphs 1-18 of Count I.
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`19. Based upon information and belief, at all times relevant hereto and specifically at the
`
`time of the vehicle collision referenced herein, which directly caused injuries to Plaintiff,
`
`Defendant Weaver was employed by Defendant Reyes as an employee and/or as an
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`express, implied or apparent agent of Defendant Reyes.
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`20. At all times relevant hereto and specifically at the time of the vehicle collision referenced
`
`herein, Defendant Reyes was a limited liability company organized under the laws of
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`Delaware and registered with the State of Minnesota who was duly authorized to conduct
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`business operations for profit in the State of Minnesota as a registered business entity.
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`21. At all times relevant hereto and specifically at the time of the vehicle collision referenced
`
`herein, Defendant Weaver was in the course and scope of his employment for Defendant
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`19HA-CV-22-2242
`
`Filed in District Court
`State of Minnesota
`7/8/2022 1:15 PM
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`Reyes and/or carrying out duties for hire as an express, implied or apparent agent of
`
`Defendant Reyes.
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`22. Based upon information and belief, at all times relevant hereto and specifically at the
`
`time of the vehicle collision referenced herein, Defendant Reyes had contracted with
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`Defendant Reinhart to provide the motor vehicle that Defendant Weaver was operating, to
`
`Defendant Weaver, for him to operate within the course and scope of his employment
`
`with Defendant Reyes and/or for Defendant Weaver to carry out duties for hire as an
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`express, implied or apparent agent of Defendant Reyes.
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`23. Defendant Reyes Holdings is vicariously liable, under the respondeat superior doctrine
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`for the negligent acts and/or omissions of its employee and/or express, implied or
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`apparent agent, Defendant Weaver, while he was operating a motor vehicle owned by
`
`Defendant Reinhart while in the course and scope of his employment for Defendant
`
`Reyes and/or carrying out duties for hire as an express, implied or apparent agent of
`
`Defendant Reyes.
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`COUNT III – NEGLIGENCE OF DEFENDANT REYES HOLDINGS, LLC
`
`As to paragraphs 1-18 of Count III, Plaintiff realleges paragraphs 1-18 of Count I.
`As to paragraphs 19-23 of Count III, Plaintiff realleges paragraphs 19-23 of Count II.
`
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`24. Defendant Reyes directly breached the duty of care it owed to Plaintiff through one or
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`more of the following negligent acts and/or omissions:
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`(a) negligently managed Defendant Weaver;
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`(b) negligently hired, trained, and supervised Defendant Weaver;
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`(c) negligently provided a driver, in Defendant Weaver, who was unqualified,
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`inadequately trained and/or incapable of safely operating a motor vehicle upon a
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`public roadway;
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`19HA-CV-22-2242
`
`Filed in District Court
`State of Minnesota
`7/8/2022 1:15 PM
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`(d) negligently failed to adequately train Defendant Weaver in the operation
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`of the motor vehicle;
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`(e) negligently failed to adequately supervise Defendant Weaver in the operation
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`of the motor vehicle;
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`(f) negligently, through Defendant Weaver, its express, implied or apparent agent,
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`operated the motor vehicle;
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`(g) negligently, through Defendant Weaver, its express, implied or apparent agent,
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`failed to obey Minnesota traffic laws and violated at least one Minnesota traffic
`
`law.
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`25. As the direct result of one or more of the aforesaid negligent acts or omissions of
`
`Defendant Reyes, Defendant Weaver was negligent in the operation of his motor vehicle
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`at the time of the vehicle collision referenced herein.
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`26. As the further direct result of one or more of the aforesaid negligent acts and/or
`
`omissions of Defendant Reyes, Plaintiff sustained permanent and severe personal
`
`injuries; Plaintiff received reasonable and necessary medical care; Plaintiff Requires
`
`compensation for future medical care; Plaintiff was disabled for greater than sixty days;
`
`Plaintiff sustained a permanent disfigurement; and, Plaintiff was otherwise severely and
`
`permanently injured. Plaintiff has incurred and will incur medical expenses for the
`
`treatment of her injuries; Plaintiff has incurred and will incur a loss of earnings and
`
`earning capacity; Plaintiff has suffered and will suffer physical and mental pain; and,
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`Plaintiff has thereby been damaged and injured in an amount greater than $50,000.00.
`
`COUNT IV - VICARIOUS LIABILITY OF DEFENDANT REINHART
`FOODSERVICE, LLC
`
`As to paragraphs 1-18 of Count IV, Plaintiff realleges paragraphs 1-18 of Count I.
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`19HA-CV-22-2242
`
`Filed in District Court
`State of Minnesota
`7/8/2022 1:15 PM
`
`As to paragraphs 19-23 of Count IV, Plaintiff realleges paragraphs 19-23 of Count II.
`As to paragraphs 24-26 of Count IV, Plaintiff realleges paragraphs 24-26 of Count III.
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`27. At all times relevant hereto and specifically at the time of the motor vehicle collision
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`referenced herein, pursuant to Minnesota Statutes section 169.09, subdivision 5a – Driver
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`deemed agent of owner, “whenever any motor vehicle shall be operated within this state,
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`by any person other than the owner, with the consent of the owner, expressed or implied,
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`the operator thereof shall in case of accident, be deemed the agent of the owner of such
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`motor vehicle in the operation thereof.”
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`28. At all times relevant hereto and specifically at the time of the motor vehicle collision
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`referenced herein, Defendant Reinhart owned the motor vehicle being operated by
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`Defendant Weaver.
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`29. At all times relevant hereto and specifically at the time of the motor vehicle collision
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`referenced herein, Defendant Reinhart gave express and/or implied consent to Defendant
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`Weaver to use said motor vehicle.
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`30. Defendant Reinhart is liable for the negligent acts and/or omissions of Defendant Weaver
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`pursuant to Minnesota Statutes section 169.09, subdivision 5a and the agency doctrine.
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`31. Based upon information and belief, at all times relevant hereto and specifically at the
`
`time of the vehicle collision referenced herein, Defendant Weaver was employed by
`
`Defendant Reinhart as an employee and/or as an express, implied or apparent agent of
`
`Defendant Reinhart.
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`32. At all times relevant hereto and specifically at the time of the motor vehicle collision
`
`referenced herein, Defendant Reinhart was a limited liability company organized under
`
`the laws of Delaware and registered with the State of Minnesota who was duly authorized
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`19HA-CV-22-2242
`
`Filed in District Court
`State of Minnesota
`7/8/2022 1:15 PM
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`to conduct business operations for profit in the State of Minnesota as a registered
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`business entity.
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`33. At all times relevant hereto and specifically at the time of the motor vehicle collision
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`referenced herein, Defendant Weaver was in the course and scope of his employment for
`
`Defendant Reinhart as an employee and/or as an express, implied or apparent agent of
`
`Defendant Reinhart.
`
`34. Based upon information and belief, at all times relevant hereto and specifically at the
`
`time of the vehicle collision referenced herein, Defendant Reinhart had contracted with
`
`Defendant Reyes to provide the motor vehicle that Defendant Weaver was operating, to
`
`Defendant Weaver, for Defendant Weaver to operate within the course and scope of his
`
`employment with Defendant Reinhart as an employee and/or as an express, implied or
`
`apparent agent of Defendant Reinhart.
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`35. Defendant Reinhart is vicariously liable, under the respondeat superior doctrine for the
`
`negligent acts and/or omissions of its employee and/or express, implied or apparent
`
`agent, Defendant Weaver, while he was operating a motor vehicle owned by Defendant
`
`Reinhart, while in the course and scope of his employment for Defendant Reinhart as an
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`employee and/or as an express, implied or apparent agent of Defendant Reinhart.
`
`COUNT V – NEGLIGENCE OF DEFENDANT REINHART FOODSERVICE, LLC
`
`As to paragraphs 1-18 of Count V, Plaintiff realleges paragraphs 1-18 of Count I.
`As to paragraphs 19-23 of Count V, Plaintiff realleges paragraphs 19-23 of Count II.
`As to paragraphs 24-26 of Count V, Plaintiff realleges paragraphs 24-26 of Count III.
`As to paragraphs 27-35 of Count V, Plaintiff realleges paragraphs 27-35 of Count IV.
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`36. Defendant Reinhart directly breached the duty of care it owed to Plaintiff through one or
`
`more of the following negligent acts and/or omissions:
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`(a) negligently managed Defendant Weaver;
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`19HA-CV-22-2242
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`Filed in District Court
`State of Minnesota
`7/8/2022 1:15 PM
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`(b) negligently hired, trained, and supervised Defendant Weaver;
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`(c) negligently provided a driver, in Defendant Weaver, who was unqualified,
`
`inadequately trained and/or incapable of safely operating a motor vehicle upon a
`
`public roadway;
`
`(d) negligently failed to adequately train Defendant Weaver in the operation
`
`of the motor vehicle;
`
`(e) negligently failed to adequately supervise Defendant Weaver in the operation
`
`of the motor vehicle;
`
`(f) negligently, through Defendant Weaver, its employee, express, implied or
`
`apparent agent, operated the motor vehicle;
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`(g) negligently, through Defendant Weaver, its employee, express, implied or
`
`apparent agent, failed to obey Minnesota traffic laws and violated at
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`least
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`one Minnesota traffic law.
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`37. As the direct result of one or more of the aforesaid negligent acts or omissions of
`
`Defendant Reinhart, Defendant Weaver was negligent in the operation of his motor
`
`vehicle at the time of the vehicle collision referenced herein.
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`38. As the further direct result of one or more of the aforesaid negligent acts and/or
`
`omissions of Defendant Reinhart, Plaintiff sustained permanent and severe personal
`
`injuries; Plaintiff received reasonable and necessary medical care; Plaintiff Requires
`
`compensation for future medical care; Plaintiff was disabled for greater than sixty days;
`
`Plaintiff sustained a permanent disfigurement; and, Plaintiff was otherwise severely and
`
`permanently injured. Plaintiff has incurred and will incur medical expenses for the
`
`treatment of her injuries; Plaintiff has incurred and will incur a loss of earnings and
`
`11
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`19HA-CV-22-2242
`
`Filed in District Court
`State of Minnesota
`7/8/2022 1:15 PM
`
`earning capacity; Plaintiff has suffered and will suffer physical and mental pain; and,
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`Plaintiff has thereby been damaged and injured in an amount greater than $50,000.00.
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`WHEREFORE, Plaintiff demands judgment against
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`the above-named Defendants in an
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`amount greater than fifty thousand dollars ($50,000.00), together with all applicable interest,
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`costs, and disbursem*nts incurred herein.
`
`Dated: May 23, 2022
`
`
`
`
`
`
`ROBICHAUD, SCHROEPFER
`& CORREIA, P.A.
`
`/s/ Robert A. Correia
`Paul W. Schroepfer (#0392448)
`Robert A. Correia (#0397291)
`Samuel H. Dilley (#0400048)
`1601 Hennepin Avenue, Suite 200
`Minneapolis, MN 55403
`(612) 333-3343
`paul@robichaudlaw.com
`robert@robichaudlaw.com
`samuel@robichaudlaw.com
`
`
`
`
`
`
`
`Attorneys for Plaintiff
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`12
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`19HA-CV-22-2242
`
`Filed in District Court
`State of Minnesota
`7/8/2022 1:15 PM
`
`ACKNOWLEDGEMENT
`
`through the undersigned attorneys, hereby acknowledges that costs,
`The Plaintiff,
`disbursem*nts and reasonable attorney and witness fees may be awarded pursuant to Minn. Stat.
`§549.211, subdiv. 2, to the party against whom the allegations in this proceeding are asserted.
`
`Dated: May 23, 2022
`
`
`
`
`
`
`ROBICHAUD, SCHROEPFER
`& CORREIA, P.A.
`
`/s/ Robert A. Correia
`Paul W. Schroepfer (#0392448)
`Robert A. Correia (#0397291)
`Samuel H. Dilley (#0400048)
`1601 Hennepin Avenue, Suite 200
`Minneapolis, MN 55403
`(612) 333-3343
`paul@robichaudlaw.com
`robert@robichaudlaw.com
`samuel@robichaudlaw.com
`
`
`
`
`
`
`Attorneys for Plaintiff
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`13
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