Boat Crash Lawsuit

Filing # 168982387 E-Filed 03/17/2023 02:15:00 PM
IN THE CIRCUIT COURT OF THE 11TH

JUDICAL CIRCUIT IN AND FOR MIAMI-
DADE COUNTY, FLORIDA
CASE NO.:
KATHYA PUIG and
RODOLFO FERNANDO PUIG,
as Parents and Natural Guardians
of KATERINA PUIG,
Plaintiffs,
GEORGE IGNACIO PINO,

CECILIA S. PINO,
GIOVANNI QUINTERO,
BRIAN BURT,
YUSNIEL COLLADO,
OCEAN REEF VOLUNTEER
FIRE DEPARTMENT INC. and
GLOBAL SKY AIRCHARTER, INC.
d/b/a TRAUMA STAR
Defendants,
_____________________________/
COMPLAINT FOR DAMAGES
COMES NOW Plaintiffs, KATHYA PUIG and RODOLFO FERNANDO PUIG, as
Parents and Natural Guardians of KATERINA PUIG, by and through their undersigned counsel
and hereby file this, their Complaint for Damages against Defendants, GEORGE IGNACIO PINO,
CECILIA S. PINO, GIOVANNI QUINTERO, BRIAN BURT, YUSNIEL COLLADO, OCEAN
REEF VOLUNTEER FIRE DEPARTMENT INC., and GLOBAL SKY AIRCHARTER, INC
d/b/a TRAUMA STAR and would further state, as follows:
PARTIES, JURISDICTION, AND VENUE
1. At all times material hereto, the instant action for damages exceeds ($75,000.00)
Seventy-Five Thousand Dollars and is therefore within the jurisdictional limits of this Honorable
Court.
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2. At all times material hereto, Plaintiff, KATERINA PUIG is and was a resident of
Miami-Dade County, Florida and is therefore, subject to the jurisdiction of this Honorable Court.
3. At all times material hereto, Plaintiff, KATHYA PUIG is and was a resident of
4. At all times material hereto, Plaintiff, KATHYA PUIG was and is the natural
mother of KATERINA PUIG.
5. At all times material hereto, Plaintiff, RODOLFO FERNANDO PUIG is and was
a resident of Miami-Dade County, Florida, and is therefore, subject to the jurisdiction of this
Honorable Court.
6. At all times material hereto, Plaintiff, RODOLFO FERNANDO PUIG was and is
the natural father of KATERINA PUIG.
7. At all times material hereto, at the time and place of the incident(s) described in
this Complaint for Damages, KATERINA PUIG was a minor as defined by Florida law in that she
was under eighteen (18) years of age.
8. At all times material hereto, Defendant, GEORGE IGNACIO PINO is and was a
resident of Miami-Dade County, Florida and is therefore, subject to the jurisdiction of this
Honorable Court.
9. At all times material hereto, Defendant, CECILIA S. PINO is and was a resident of
10. At all times material hereto, the accident which is the subject of the instant action
involved the 2019 29’ Robalo bearing Florida Registration Number D01294732 that was owned
and operated exclusively by Defendant, GEORGE IGNACIO PINO in Miami-Dade, County
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Florida where the incident, which is the subject of the instant action, and therefore, this Honorable
Court has subject matter jurisdiction over this cause of action.
11. At all times material hereto, Defendant, CECILIA S. PINO did not own the subject
2019 29’ Robalo bearing Florida Registration Number D01294732.
12. At all times material hereto, Defendant, CECILIA S. PINO did not rent the subject
2019 29’ Robalo bearing Florida Registration Number D01294732.
13. At all times material hereto, Defendant, CECILIA S. PINO did not operate the
subject 2019 29’ Robalo bearing Florida Registration Number D01294732.
14. At all times material hereto, Defendant, GIOVANNI QUINTERO (hereinafter
referred to as “QUINTERO”) was and is a resident of Broward County, Florida and therefore,
within the jurisdictional limits of this Honorable Court.
15. At all times material hereto Defendant, BRIAN BURT (hereinafter referred to as
“BURT”) was and is a resident of Monroe County, Florida and therefore, within the jurisdictional
limits of this Honorable Court.
16. At all times material hereto Defendant, YUSNIEL COLLADO (hereinafter referred
to as “COLLADO”) was and is a resident of Miami-Dade County, Florida and therefore, within
the jurisdictional limits of this Honorable Court.
17. At all times material hereto, OCEAN REEF VOLUNTEER FIRE DEPARTMENT
INC. (hereinafter referred to as “OCEAN REEF”) was and is a corporation registered to do
business in the State of Florida with its principal place of business located in Key Largo, Monroe
County, Florida.
18. At all times material hereto Defendant, GLOBAL SKY AIRCHARTER, INC d/b/a
TRAUMA STAR (hereinafter referred to as “TRAUMA STAR”) was and is a Florida Corporation
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registered to do business in the State of Florida with its principal place of business located in Key
Largo, Monroe County, Florida.
19. All conditions precedent to the filing of this action have been met, waived, or
otherwise satisfied.
20. Venue is appropriate in Miami-Dade County, Florida in that: (1) pursuant to Fla.
Stat. § 47.011, one of the Defendants resides in Miami-Dade County, and the cause of action
accrued in Miami-Dade County; and (2) pursuant to Fla. Stat. § 47.021, venue is appropriate in
this action against multiple Defendants who reside in different counties in that a defendant resides
in Miami-Dade County.
AGENCY ALLEGATIONS AGAINST

OCEAN REEF VOLUNTEER FIRE DEPARTMENT INC.
21. At all times material hereto, OCEAN REEF employed Defendants, QUINTERO
and/or BURT and/or COLLADO as paramedics and/or emergency responders.
22. In the alternative, at all times material hereto, Defendants, QUINTERO and/or
BURT and/or COLLADO acted as actual agent(s) of Defendant, OCEAN REEF in that
Defendants, QUINTERO and/or BURT and/or COLLADO acknowledged that he/they would act
on behalf of OCEAN REEF in the provision of emergency medical care and treatment to patients,
OCEAN REEF accepted Defendants, QUINTERO and/or BURT and/or COLLADO’s
undertaking of the obligation(s) to provide emergency healthcare to patients and OCEAN REEF
controlled Defendants, QUINTERO and/or BURT and/or COLLADO’s actions to the extent that
they should be considered actual agents of Defendant, OCEAN REEF.
23. At all times material hereto Defendant, OCEAN REEF, employed and/or had an
actual agency relationship with Defendants, QUINTERO and/or BURT and/or COLLADO
wherein they agreed that OCEAN REEF would control the actions of Defendants, QUINTERO
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and/or BURT and/or COLLADO should be considered to be actual agents of Defendant, OCEAN
REEF.
24. In the alternative, at all times relevant hereto Defendant, OCEAN REEF, by words,
action(s) and/or inaction(s), held out the Defendants, QUINTERO and/or BURT and/or
COLLADO to third parties as its agents and/or employees in numerous ways which specifically,
include, but are not limited to:
a. Defendant, OCEAN REEF held itself out to the community in general

through advertisements as an emergency service provider capable of rendering
care and treatment to individuals like the Plaintiffs’ Ward without providing
any warning or notice that patients being treated by Defendant, OCEAN
REEF would be treated by independent contractors;
b. At no point prior to, or during the treatment being rendered by Defendant,
OCEAN REEF, did anyone notify the Plaintiffs, KATHYA PUIG and
RODOLFO FERNANDO PUIG, as Parents and Natural Guardians of
KATERINA PUIG that Defendants, QUINTERO and/or BURT and/or
COLLADO were independent contractors;
c. Defendant, OCEAN REEF allowed Defendants, QUINTERO and/or BURT
and/or COLLADO unfettered access and or use of its facilities, vehicles and
equipment so as to make it appear that Defendants, QUINTERO and/or
BURT and/or COLLADO were employee(s) or agent(s) of Defendant,
OCEAN REEF;
d. Defendant, OCEAN REEF allowed Defendants, QUINTERO and/or BURT
and/or COLLADO unfettered control over its facility and equipment so as to
make it appear that Defendants, QUINTERO and/or BURT and/or
COLLADO were employee(s) or agent of Defendant, OCEAN REEF;
e. Defendant, OCEAN REEF allowed Defendants, QUINTERO and/or BURT
and/or COLLADO unfettered access to materials, supplies and medications
at its facility so as to make it appear that Defendants, QUINTERO and/or
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BURT and/or COLLADO was/were employee(s) or agent(s) of Defendant,
OCEAN REEF; and
f. Plaintiffs, KATHYA PUIG and RODOLFO FERNANDO PUIG, as Parents
and Natural Guardians of KATERINA PUIG did not have a preexisting
physician/patient relationship with Defendants, QUINTERO and/or BURT
and/or COLLADO and/or OCEAN REEF.
25. At the time of the events described herein Defendants, QUINTERO and/or BURT
and/or COLLADO was/were acting within the course and scope of employment and/or (actual or
implied) agency relationship with Defendant, OCEAN REEF.
FACTS
26. On or about September 3, 2022, GEORGE IGNACIO PINO and CECILIA S. PINO
rented several units at Ocean Reef Club to celebrate their daughter’s birthday over the Labor Day
weekend.
27. In anticipation of their daughter’s birthday celebration, GEORGE IGNACIO PINO
and CECILIA S. PINO individually and/or collectively communicated with various individuals
who were the parents of their daughter’s friends in order to obtain their respective approval to have
their children, including KATERINA PUIG, stay at a community commonly known as Ocean
Reef Club for the weekend wherein GEORGE IGNACIO PINO and CECILIA S. PINO agreed to
monitor, supervise and otherwise assure the safety and wellbeing of the children that had been
invited by them, including KATERINA PUIG.
28. On or about September 4, 2022, Defendants, GEORGE IGNACIO PINO and
CECILIA S. PINO arranged for and/or undertook the obligation to take their daughter and the
other children they had invited to spend the weekend (including KATARINA PUIG) out on a boat
that was owned, operated, maintained, and controlled exclusively by Defendant, GEORGE
IGNACIO PINO.
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29. On or about September 4, 2022, Defendant, GEORGE IGNACIO PINO was
operating the subject 2019 29’ Robalo vessel bearing Florida Registration Number D01294732 on
the Intercoastal Waterway in and around Cutter Bank, Marker 15 located in Miami, Miami-Dade
County, Florida with a total of fourteen (14) passengers on board.
30. At all times material hereto, Defendant, GEORGE IGNACIO PINO operated the
subject 2019 29’ Robalo bearing Florida Registration Number D01294732 and came into contact
with Marker 15 at a high rate of speed, thereby capsizing the subject vessel.
31. Upon information and belief prior to the subject incident Defendants, GEORGE
IGNACIO PINO and/or CECILIA S. PINO purchased alcohol for purposes of consumption while
out on the water on the date of the subject incident.
32. Upon information and belief, the children who Defendants, GEORGE IGNACIO
PINO and/or CECILIA S. PINO were responsible for supervising, who were all under eighteen
(18) years of age, were permitted to and did in fact consume alcohol while on that outing as did
Defendants, GEORGE IGNACIO PINO and/or CECILIA S. PINO.
33. Upon information and belief, the alcohol consumed by Defendants, GEORGE
IGNACIO PINO and/or CECILIA S. PINO and Plaintiffs’ Ward, KATERINA PUIG caused
and/or contributed to cause the injuries and damages complained of in the instant action.
34. Upon information and belief, GEORGE IGNACIO PINO refused a blood draw
and/or breathalyzer testing after the accident which is the subject of the instant action in order to
conceal the fact that he had consumed alcohol to the extent that his normal faculties were impaired.
35. At all times material hereto, KATERINA PUIG was transported from the location
of the subject accident to Ocean Reef Club, where she was treated and prepped for transport to a
local hospital in Miami-Dade County, Florida for further care and treatment.
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36. Defendants, OCEAN REEF and/or QUINTERO and/or BURT and/or COLLADO
received the call on KATERINA PUIG at 6:53 PM, yet, were not dispatched to scene until 7:55
PM and did not make it to KATERINA PUIG until 8:01 PM.
37. At all times material hereto, Defendants, OCEAN REEF and/or QUINTERO and/or
BURT and/or COLLADO were responsible for providing care and treatment to KATERINA PUIG
from the time she arrived at the dock Ocean Reef Club to the time Defendant, TRAUMA STAR
arrived on scene at approximately 8:40 P.M.
38. At all times material hereto, Defendants, OCEAN REEF and/or QUINTERO and/or
BURT and/or COLLADO, failed to timely secure Plaintiffs’ Ward, KATERINA PUIG’s airway
in a timely fashion which caused and/or contributed to cause the injuries and/or damages
complained of.
39. Defendant, TRAUMA STAR was called upon to transport Plaintiffs’ Ward,
KATERINA PUIG to Nicklaus Children’s Hospital in Miami Dade County, Florida for further
care and treatment and received the initial call for transport at 6:55 P.M. on September 4, 2022.
40. Despite being called upon to respond to this emergency at 6:55 PM on September
4, 2022, Defendant, TRAUMA STAR was not dispatched until 8:09 P.M. and did not make it to
KATERINA PUIG until 8:43 P.M.
41. As a result of the delays in Defendant, TRAUMA STAR’s dispatch, Plaintiffs’
Ward, KATERINA PUIG was not intubated until 8:56 P.M. and did not arrive at Nicklaus
Children’s Hospital until 9:07 P.M. on September 4, 2022.
42. At all times material hereto, the delay in TRAUMA STAR’s dispatch as set forth
herein, there were significant delays in securing KATERINA PUIG’S airway which caused and/or
contributed to cause the injuries and/or damages complained of.
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COUNT I
NEGLIGENCE AGAINST DEFENDANT,
GEORGE IGNACIO PINO
Plaintiffs reallege and reaver paragraphs 1 through 42 as if fully set forth herein and would
further state:
43. At all times material hereto, Defendant, GEORGE IGNACIO PINO undertook the
obligation to and/or owed a duty to the passengers on the vessel, including KATERINA PUIG,
which he exclusively owed, operated, maintained, and/or controlled, to use reasonable care in the
operation of his vessel.
44. At all times material hereto, Defendant, GEORGE IGNACIO PINO breached his
duty of care and was negligent in one or more of the following ways:
a) Failing to keep a safe and proper look out; and/or

b) Failing to maintain safe and proper speed; and/or
c) Failing to use due care in the operation of the subject vessel given the
conditions; and/or
d) Operating the subject vessel in a dangerous and unsafe manner; and/or
e) Operating the subject vessel with a number of passengers onboard which
was beyond the capacity of the subject vessel; and/or
f) Operating the subject vessel with so many passengers on board that the
ability to operate the subject vessel in a safe and appropriate manner was
compromised; and/or
g) Operating the subject vessel with so many passengers on board that his
ability to see hazards on the waterway was obstructed; and/or
h) Operating the subject vessel in a speed which was beyond that which was
reasonable under the circumstances; and/or
i) Failing to maintain safe and proper distance from channel markers; and/or
j) Serving alcohol to minor children, including KATERINA PUIG; and/or
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k) By purchasing alcohol for consumption by the minor children whom he had
agreed to supervise and maintain safe (including KATARINA PUIG, a
minor); and/or
l) By allowing the minor children whom he had agreed to supervise and
maintain safe (including KATARINA PUIG, a minor) consume alcohol;
and/or
m) By allowing the minor children whom he had agreed to supervise and
maintain safe (including KATARINA PUIG, a minor), get on the subject
vessel which was overloaded with passengers; and/or
n) By allowing the minor children whom he had agreed to supervise and
maintain safe (including KATARINA PUIG, a minor), get on and/or remain
on the subject vessel which was operated in an unsafe manner; and/or
o) By allowing the minor children whom he had agreed to supervise and
maintain safe (including KATARINA PUIG, a minor), to get on the subject
vessel when he knew he had consumed alcohol to the extent that his normal
faculties were impaired; and/or
p) By allowing the minor children whom he had agreed to supervise and
vessel which he knew and/or should have known he could not operate
safely; and/or
q) By not rendering aid to KATERINA PUIG, who was in his custody and
control once he realized she had been ejected from the subject vessel; and/or
r) Failing to maintain the subject vessel in a safe and reasonable manner;
and/or
s) Utilizing an unseaworthy vessel; and/or
t) By not calling for aid in a timely fashion for KATERINA PUIG, who was
in his custody and control once he realized she had been ejected from the
subject vessel; and/or
u) Violating Fla. Stat. § 327.30(1) and (2); and/or
v) Violating Fla. Stat. § 327.50(1)(a); and/or
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w) By not requiring all minor children who he was responsible for supervising
to wear personal flotation devices.
45. As a direct and proximate result of Defendant, GEORGE IGNACIO PINO’s
negligence as set forth herein, Plaintiffs’ Ward, KATERINA PUIG suffered bodily injury and
resulting pain and suffering, disability, physical impairment, disfigurement, mental anguish,
inconvenience, loss of capacity for the enjoyment of life, incurred expenses of hospitalization,
medical, nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation
of a previously existing condition, disease or physical defect which is/are permanent in nature and
will continue to suffer these damages in the past and into the future.
46. As a further direct and proximate result of Defendant, GEORGE IGNACIO PINO’s
negligence as set forth herein, Plaintiffs, KATHYA PUIG and RODOLFO FERNANDO PUIG,
as Parents and Natural Guardians of KATERINA PUIG have suffered the following damages:
A. The reasonable value or expense of hospitalization and medical and nursing
care and treatment necessarily or reasonably obtained by KATHYA PUIG
and RODOLFO FERNANDO PUIG, as Parents and Natural Guardians of
KATERINA PUIG, in the past and to be so obtained in the future;
B. The reasonable value or expense of hospitalization and medical and nursing
care and treatment necessarily or reasonably obtained by Plaintiff,
KATERINA PUIG, to be obtained in the future;
C. The loss of the services, earnings and earning ability Plaintiffs’ Ward,
KATERINA PUIG, in the past and in the future; and
D. Plaintiffs’ Ward, KATERINA PUIG’s loss of earnings in the past and the
loss of ability to earn money in the future reasonably resulting from the
injuries sustained.
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negligence resulting in Plaintiffs’ Ward, KATERINA PUIG’s significant injuries resulting in
permanent disability Plaintiffs, KATHYA PUIG and RODOLFO FERNANDO PUIG, as Parents
and Natural Guardians of KATERINA PUIG, have suffered and will continue to suffer a loss of
filial consortium.
permanent total disability Plaintiffs, KATHYA PUIG and RODOLFO FERNANDO PUIG, as
Parents and Natural Guardians of KATERINA PUIG have suffered and will continue to suffer loss
of KATERINA PUIG’s companionship, society, love, affection, and solace in the past and in the
future.
WHEREFORE, Plaintiffs, KATHYA PUIG and RODOLFO FERNANDO PUIG, as
Parents and Natural Guardians of KATERINA PUIG, sue Defendant, GEORGE IGNACIO PINO,
for all damages awardable under Florida law and demands trial by jury of all issues so triable as a
matter of right.
COUNT II
NEGLIGENT SUPERVISION AGAINST DEFENDANT,
GEORGE IGNACIO PINO
further state:
49. At all times material hereto, Defendant, GEORGE IGNACIO PINO owed a duty
to the children who he agreed to supervise over the course of the weekend in question to use
reasonable care to assure that they would not sustain injuries or otherwise put themselves in a
position which may be hazardous to the health of those children, including KATERINA PUIG.
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50. At all times material hereto, Defendant, GEORGE IGNACIO PINO breached his
duty of care and was negligent in one or more of the following ways:
a. Failing to keep a safe and proper look out; and/or

b. Failing to maintain safe and proper speed; and/or
c. Failing to use due care in the operation of the subject vessel given the
conditions; and/or
d. Operating the subject vessel in a dangerous and unsafe manner; and/or
e. Operating the subject vessel with a number of passengers onboard which
was beyond the capacity of the subject vessel; and/or
f. Operating the subject vessel with so many passengers on board that the
ability to operate the subject vessel in a safe and appropriate manner was
compromised; and/or
g. Operating the subject vessel with so many passengers on board that his
ability to see hazards on the waterway was obstructed; and/or
h. Operating the subject vessel in a speed which was beyond that which was
i. Failing to maintain safe and proper distance from channel markers; and/or
j. Serving alcohol to minor children, including KATERINA PUIG; and/or
k. By purchasing alcohol for consumption by the minor children whom he had
minor); and/or
l. By allowing the minor children whom he had agreed to supervise and
and/or
m. By allowing the minor children whom he had agreed to supervise and
vessel which was overloaded with passengers; and/or
n. By allowing the minor children whom he had agreed to supervise and
maintain safe (including KATARINA PUIG, a minor), get on and/or remain
on the subject vessel which was operated in an unsafe manner; and/or
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o. By allowing the minor children whom he had agreed to supervise and
vessel when he knew he had consumed alcohol to the extent that his normal
faculties were impaired; and/or
p. By allowing the minor children whom he had agreed to supervise and
vessel which he knew and/or should have known he could not operate
safely; and/or
q. By not rendering aid to KATERINA PUIG, who was in his custody and
control once he realized she had been ejected from the subject vessel; and/or
r. Failing to maintain the subject vessel in a safe and reasonable manner;
and/or
s. Utilizing an unseaworthy vessel; and/or
t. By not calling for aid in a timely fashion for KATERINA PUIG, who was
in his custody and control once he realized she had been ejected from the
u. Violating Fla. Stat. § 327.30(1) and (2); and/or
v. Violating Fla. Stat. § 327.50(1)(a); and/or
w. By not requiring all minor children who he was responsible for supervising
to wear personal flotation devices.
negligence as set forth herein, Plaintiffs’ Ward, KATERINA PUIG suffered bodily injury and
resulting pain and suffering, disability, physical impairment, disfigurement, mental anguish,
inconvenience, loss of capacity for the enjoyment of life, incurred expenses of hospitalization,
medical, nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation
of a previously existing condition, disease or physical defect which is permanent in nature and will
continue to suffer these damages in the past and into the future.
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52. Additionally, as a direct and proximate result of Defendant, GEORGE IGNACIO
PINO’s negligence, Plaintiffs, KATHYA PUIG and RODOLFO FERNANDO PUIG, as Parents
and Natural Guardians of KATERINA PUIG has suffered the following damages:
care and treatment necessarily or reasonably obtained by Plaintiffs,
KATHYA PUIG and RODOLFO FERNANDO PUIG, as Parents and
Natural Guardians of KATERINA PUIG, in the past and to be so obtained
in the future;
KATERINA PUIG, in the past and in the future;
D. Plaintiffs’ Ward, KATERINA PUIG’S loss of earnings in the past and the
loss of ability to earn money in the future.
permanent disability, Plaintiffs, KATHYA PUIG and RODOLFO FERNANDO PUIG, as Parents
and Natural Guardians of KATERINA PUIG have suffered and will continue to suffer a loss of
filial consortium.
permanent total disability, Plaintiffs, KATHYA PUIG and RODOLFO FERNANDO PUIG, as
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Parents and Natural Guardians of KATERINA PUIG has suffered and will continue to suffer loss
of KATERINA PUIG’s companionship, society, love, affection, and solace in the past and in the
future.
Parents and Natural Guardians of KATERINA PUIG, sue Defendant, GEORGE IGNACIO PINO,
for all damages awardable under Florida law and demands trial by jury of all issues so triable as a
matter of right.
COUNT III
NEGLIGENT SUPERVISION AGAINST DEFENDANT,
CECILIA S. PINO
further state:
55. At all times material hereto Defendant, CECILIA S. PINO owed a duty to the
children who she agreed to supervise over the course of the weekend in question to use reasonable
care to assure that they would not sustain injuries or otherwise put themselves in a position which
may be hazardous to the health of those children, including KATERINA PUIG.
56. At all times material hereto Defendant, CECILIA S. PINO breached her duty of
care and was negligent in one or more of the following ways:
a. Failing to keep a safe and proper look out; and/or

b. Failing to assure that the vessel maintained safe and proper speed; and/or
c. Allowing the subject vessel to be operated in a dangerous and unsafe
manner; and/or
d. Allowing Plaintiff, KATERINA PUIG to get onto and remain on the subject
vessel with a number of passengers onboard which was beyond the capacity
of the subject vessel; and/or
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e. Allowing Plaintiff, KATERINA PUIG to get onto and remain on the subject
vessel with so many passengers on board that the ability to operate the
subject vessel in a safe and appropriate manner was compromised; and/or
f. Allowing Plaintiff, KATERINA PUIG to get onto and remain on subject
vessel with so many passengers on board that the ability to see hazards on
the waterway was obstructed; and/or
g. Allowing Plaintiff, KATERINA PUIG to get onto and remain on the subject
vessel that was operating at a speed which was beyond that which was
h. Serving or allowing alcohol to be served to minor children, including
KATERINA PUIG; and/or
i. By purchasing alcohol for consumption by minor children whom she had
minor); and/or
j. By allowing the minor children whom she had agreed to supervise and
and/or
k. By allowing the minor children whom she had agreed to supervise and
vessel when she knew that Defendant, GEORGE IGNACIO PINO had
consumed alcohol; and/or
l. By allowing the children whom she had agreed to supervise and maintain
safe (including KATARINA PUIG, a minor), get on the subject vessel
which she knew and/or should have known that Defendant, GEORGE
IGNACIO PINO could not operate safely; and/or
m. By not rendering aid to KATERINA PUIG, who was in her custody and
control once she realized that KATERINA PUIG had been ejected from the
n. By not calling for aid in a timely manner for KATERINA PUIG, who was
in her custody and control once she realized that KATERINA PUIG had
been ejected from the subject vessel; and/or
17

o. By not requiring all minors, including KATERINA PUIG, to wear personal
flotation devices.
57. As a direct and proximate result of Defendant, CECILIA S. PINO’s negligence as
set forth herein, Plaintiffs’ Ward, KATERINA PUIG suffered bodily injury and resulting pain and
suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of
capacity for the enjoyment of life, incurred expenses of hospitalization, medical, nursing care and
treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing
condition, disease or physical defect which is permanent in nature and will continue to suffer these
damages in the past and into the future.
58. Additionally, as a direct and proximate result of Defendant, CECILIA S. PINO’s
negligence, Plaintiffs, KATHYA PUIG and RODOLFO FERNANDO PUIG, as Parents and
Natural Guardians of KATERINA PUIG has suffered the following damages:
in the future;
KATERINA PUIG, to be obtained in the future after she reaches the age of
majority;
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D. Plaintiffs’ Ward, KATERINA PUIG loss of earnings in the past and the loss
of ability to earn money in the future.
59. As a direct and proximate result of Defendant, CECILIA S. PINO’s negligence
resulting in Plaintiffs’ Ward, KATERINA PUIG’s significant injuries resulting in permanent
disability, Plaintiffs, KATHYA PUIG and RODOLFO FERNANDO PUIG, as Parents and Natural
Guardians of KATERINA PUIG has suffered and will continue to suffer a loss of filial consortium.
60. As a direct and proximate result of Defendant, CECILIA S. PINO’s negligence
resulting in Plaintiffs’ Ward, KATERINA PUIG’s significant injuries resulting in permanent total
Guardians of KATERINA PUIG has suffered and will continue to suffer loss of Plaintiffs’ Ward,
KATERINA PUIG’s companionship, society, love, affection, and solace in the past and in the
future.
Parents and Natural Guardians of KATERINA PUIG sue Defendant, CECILIA S. PINO, for all
damages awardable under Florida law and demands trial by jury of all issues so triable as a matter
of right.
COUNT IV
NEGLIGENCE AGAINST
GIOVANNI QUINTERO
further state:
61. At all times material hereto Defendant, QUINTERO, agreed and undertook to
examine, diagnose, treat and attend to patients such as KATERINA PUIG, a minor.
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62. At all times material hereto Defendant, QUINTERO had a duty to exercise that
degree of care and skill in examining, diagnosing, and treating patients such as the KATERINA
PUIG, commensurate with the prevailing professional standard of care.
63. Defendant, QUINTERO, was careless, negligent, and breached said duty as
follows:
a. Failing to properly care and treat; and/or
b. Failing to secure KATERINA PUIG, a minor’s airway in a timely fashion;
and/or
c. Failing to intubate KATERINA PUIG, a minor, on a timely basis; and/or
d. Failing to provide appropriate respiratory support;
e. Delaying transport of KATERINA PUIG, a minor, to a hospital facility on
a timely basis.
64. At all times material hereto, the aforesaid acts or omissions on the part of
Defendant, QUINTERO, fell below the prevailing professional standard of care for a paramedic.
65. As a direct and proximate result of Defendant, QUINTERO’s negligence as set
forth herein, Plaintiffs’ Ward, KATERINA PUIG suffered bodily injury and resulting pain and
20

66. Additionally, as a direct and proximate result of Defendant, QUINTERO’s
in the future;
67. As a direct and proximate result of Defendant, QUINTERO’s negligence resulting
in Plaintiffs’ Ward, KATERINA PUIG’s significant injuries resulting in permanent disability,
Plaintiffs, KATHYA PUIG and RODOLFO FERNANDO PUIG, as Parents and Natural
68. As a direct and proximate result of Defendant, QUINTERO’s negligence resulting
in Plaintiffs’ Ward, KATERINA PUIG’s significant injuries resulting in permanent total disability,
21

future.
Parents and Natural Guardians of KATERINA PUIG sue Defendant, QUINTERO, for all damages
awardable under Florida law and demands trial by jury of all issues so triable as a matter of right.
COUNT V
NEGLIGENCE AGAINST
BRIAN BURT
further state as follows:
69. At all times material hereto Defendant, BURT, agreed and undertook to examine,
diagnose, treat and attend to patients such as KATERINA PUIG.
70. At all times material hereto Defendant, BURT had a duty to exercise that degree of
care and skill in examining, diagnosing, and treating patients such as the KATERINA PUIG,
commensurate with the prevailing professional standard of care.
71. Defendant, BURT was careless, negligent, and breached said duty as follows:
b. Failing to secure KATERINA PUIG’s, a minor,’ airway in a timely fashion;
and/or
c. Failing to provide appropriate respiratory support; and/or
d. Failing to intubate KATERINA PUIG, a minor, on a timely basis; and/or
a timely basis.
22

Defendant, BURT fell below the prevailing professional standard of care for a paramedic.
73. As a direct and proximate result of Defendant, BURT’s negligence as set forth
herein, Plaintiffs’ Ward, KATERINA PUIG suffered bodily injury and resulting pain and
74. Additionally, as a direct and proximate result of Defendant, BURT’s negligence,
Guardians of KATERINA PUIG has suffered the following damages:
in the future;
23

75. As a direct and proximate result of Defendant, Brian Burt’s negligence resulting in
Plaintiffs’ Ward, KATERINA PUIG’s significant injuries resulting in permanent disability,
76. As a direct and proximate result of Defendant, BURT’s negligence resulting in
Plaintiffs’ Ward, KATERINA PUIG’s significant injuries resulting in permanent total disability,
future.
Parents and Natural Guardians of KATERINA PUIG sue Defendant, BRIAN BURT, for all
damages awardable under Florida law and demands trial by jury of all issues so triable as a matter
of right.
COUNT VI
NEGLIGENCE AGAINST
YUSNIEL COLLADO
further state:
77. At all times material hereto Defendant, COLLADO agreed and undertook to
examine, diagnose, treat and attend to patients such as KATERINA PUIG.
24

78. At all times material hereto Defendant, COLLADO had a duty to exercise that
79. Defendant, COLLADO was careless, negligent, and breached said duty as follows:
b. Failing to secure KATERINA PUIG’s, a minor,’ airway in a timely fashion;
and/or
c. Failing to provide appropriate respiratory support; and/or
d. Failing to intubate KATERINA PUIG, a minor, on a timely basis; and/or
a timely basis.
Defendant, COLLADO fell below the prevailing professional standard of care for a paramedic.
81. As a direct and proximate result of Defendant, COLLADO’s negligence as set forth
herein, Plaintiffs’ Ward, KATERINA PUIG suffered bodily injury and resulting pain and
82. Additionally, as a direct and proximate result of Defendant, COLLADO’s
25

Natural Guardians of KATERINA PUIG, a minor, in the past and to be so
obtained in the future;
D. Plaintiffs’ Ward, KATERINA PUIG loss of earnings in the past and the loss
of ability to earn money in the future.
83. As a direct and proximate result of Defendant, YUSNIEL COLLADO’s negligence
Guardians of KATERINA PUIG have suffered and will continue to suffer a loss of filial
consortium.
84. As a direct and proximate result of Defendant, YUSNIEL COLLADO’s negligence
Guardians of KATERINA PUIG have suffered and will continue to suffer loss of Plaintiffs’ Ward,
future.
26

Parents and Natural Guardians of KATERINA PUIG sue Defendant, YUSNIEL COLLADO, for
all damages awardable under Florida law and demands trial by jury of all issues so triable as a
matter of right.
COUNT VII
NEGLIGENCE AGAINST
further state:
85. At all times material hereto Defendant, OCEAN REEF agreed and undertook to
86. At all times material hereto Defendant, OCEAN REEF had a duty to exercise that
87. Defendant, OCEAN REEF by and through its employee(s)/agent(s) Defendants,
QUINTERO and/or BURT and/or COLLADO, were careless, negligent, and breached said duty
as follows:
b. Failing to secure KATERINA PUIG’s airway in a timely fashion; and/or
c. Failing to intubate KATERINA PUIG, a minor on a timely basis; and/or
d. Delaying transport of KATERINA PUIG, a minor to a hospital facility on
a timely basis.
Defendant, OCEAN REEF, fell below the prevailing professional standard of care for a paramedic.
27

89. As a direct and proximate result of Defendant, OCEAN REEF’s negligence as set
forth herein, Plaintiffs’ Ward, KATERINA PUIG suffered bodily injury and resulting pain and
90. As a direct and proximate result of Defendant, OCEAN REEF’s negligence,
in the future;
KATERINA PUIG, a minor, to be obtained in the future;
KATERINA PUIG, a minor, in the past and in the future;
loss of ability to earn money in the future;
28

91. As a direct and proximate result of Defendant, OCEAN REEF’s negligence
consortium.
92. As a direct and proximate result of Defendant, OCEAN REEF’s negligence
future.
Parents and Natural Guardians of KATERINA PUIG sue Defendant, OCEAN REEF
VOLUNTEER FIRE DEPARTMENT, INC., for all damages awardable under Florida law and
demands trial by jury of all issues so triable as a matter of right.
COUNT VIII
VICARIOUS LIABILITY OF
further state:
93. At all times material hereto Defendants, QUINTERO and/or BURT and/or
COLLADO were employees and/or agents (actual or apparent) of Defendant OCEAN REEF. wo
were acting within the scope of their employment and/or agency relationship with Defendant,
OCEAN REEF at all times material hereto.
29

94. At all times material hereto Defendant, OCEAN REEF agreed and undertook to
95. At all times material hereto Defendant, OCEAN REEF by and through its
employees and/or agents (actual or apparent) Defendants, QUINTERO and/or BURT and/or
COLLADO had a duty to exercise that degree of care and skill in examining, diagnosing, and
treating patients such as the KATERINA PUIG, commensurate with the prevailing professional
standard of care as a result of their undertaking the obligation to do so.
96. Defendant, OCEAN REEF by and through its employee(s)/agent(s) Defendants,
QUINTERO and/or BURT and/or COLLADO, were careless, negligent, and breached said duty
as follows:
b. Failing to secure KATERINA PUIG’s airway in a timely fashion; and/or
c. Failing to intubate KATERINA PUIG, a minor on a timely basis; and/or
d. Delaying transport of KATERINA PUIG, a minor to a hospital facility on
a timely basis.
Defendant, OCEAN REEF’s agents and/or employees, fell below the prevailing professional
standard of care for a paramedic.
98. As a direct and proximate result of Defendant, OCEAN REEF’s agents and/or
employees’ negligence as set forth herein, Plaintiffs’ Ward, KATERINA PUIG suffered bodily
injury and resulting pain and suffering, disability, physical impairment, disfigurement, mental
anguish, inconvenience, loss of capacity for the enjoyment of life, incurred expenses of
hospitalization, medical, nursing care and treatment, loss of earnings, loss of ability to earn money
30

and aggravation of a previously existing condition, disease or physical defect which is permanent
in nature and will continue to suffer these damages in the past and into the future.
employees’ negligence as set forth herein, Plaintiffs, KATHYA PUIG and RODOLFO
FERNANDO PUIG, as Parents and Natural Guardians of KATERINA PUIG has suffered the
following damages:
in the future;
KATERINA PUIG, a minor, to be obtained in the future;
KATERINA PUIG, a minor, in the past and in the future; and
employees’ negligence as set forth herein resulting in Plaintiffs’ Ward, KATERINA PUIG’s
significant injuries resulting in permanent disability, Plaintiffs, KATHYA PUIG and RODOLFO
FERNANDO PUIG, as Parents and Natural Guardians of KATERINA PUIG have suffered and
will continue to suffer a loss of filial consortium.
31

employees’ negligence as set forth herein resulting in Plaintiffs’ Ward, KATERINA PUIG’s
significant injuries resulting in permanent total disability, Plaintiffs, KATHYA PUIG and
RODOLFO FERNANDO PUIG, as Parents and Natural Guardians of KATERINA PUIG have
suffered and will continue to suffer loss of Plaintiffs’ Ward, KATERINA PUIG’s companionship,
society, love, affection, and solace in the past and in the future.
Parents and Natural Guardians of KATERINA PUIG sue Defendant, OCEAN REEF
VOLUNTEER FIRE DEPARTMENT, INC., for all damages awardable under Florida law and
COUNT IX
NEGLIGENCE AGAINST
GLOBAL SKY AIRCHARTER, INC.
D/B/A TRAUMA STAR
further state:
102. At all times material hereto Defendant, TRAUMA STAR agreed and undertook to
examine, diagnose, treat and attend to patients such as KATERINA PUIG.
103. At all times material hereto Defendant, TRAUMA STAR had a duty to exercise
that degree of care and skill in examining, diagnosing, and treating patients such as the
KATERINA PUIG, commensurate with the prevailing professional standard of care.
104. Defendant, TRAUMA STAR was careless, negligent, and breached said duty as
follows:
32

b. Failing to timely dispatch flight crew after receiving a “priority I (critical)”
call for assistance which noted response urgency as “immediate”; and/or
c. Failing to timely respond to an emergency call for air transport; and/or
d. Failure to secure KATERINA PUIG’s airway in a timely fashion; and/or
e. Failing to intubate KATERINA PUIG on a timely basis; and/or
f. Failing to transport KATERINA PUIG to a hospital facility on a timely
basis.
Defendant, TRAUMA STAR, fell below the prevailing professional standard of care for a
paramedic.
106. As a direct and proximate result of Defendant, TRAUMA STAR’s negligence as
set forth herein, Plaintiffs’ Ward, KATERINA PUIG suffered bodily injury and resulting pain and
107. As a direct and proximate result of Defendant, TRAUMA STAR’s negligence,
33

in the future;
KATERINA PUIG, a minor, in the past and in the future;
108. As a direct and proximate result of Defendant, TRAUMA STAR’s negligence
consortium.
109. As a direct and proximate result of Defendant, TRAUMA STAR’s negligence
future.
Parents and Natural Guardians of KATERINA PUIG sue Defendant, GLOBAL SKY
34

AIRCHARTER, INC. D/B/A TRAUMA STAR, for all damages awardable under Florida law and
CERTIFICATE OF ATTORNEY
Plaintiffs reallege and reaver each and every allegation as if fully set forth herein and
would further state:
110. The undersigned attorney does hereby certify that a reasonable investigation as
permitted by the circumstances has been conducted. Said investigation has given rise to the good
faith belief that grounds exist for an action against each of the named Defendants.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that in accordance with the Supreme Court of Florida’s
Administrative Order No. AOSC13-49, a true and correct copy of the foregoing has been filed
with the Florida Courts E-Filing Portal on this 17th day of March, 2023.
LIBERMAN CABRERA THOMPSON

& REITMAN, PLLC
Counsel for Plaintiff(s)
110 Tower – Suite 2520
th
110 S.E. 6 Street
Fort Lauderdale, Florida 33301
Tel: (954) 761-2425 / Fax: (954) 761-2499
BY: /s/ Scott S. Liberman

SCOTT S. LIBERMAN, ESQUIRE
Florida Bar No.: 850780
IVAN F. CABRERA, ESQUIRE
SEAN F. THOMPSON, ESQUIRE
BRENT M. REITMAN, ESQUIRE
pleadings@lctrlegal.com
35

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Filing # 168982387 E-Filed 03/17/2023 02:15:00 PM

IN THE CIRCUIT COURT OF THE 11TH

GEORGE IGNACIO PINO,

COMPLAINT FOR DAMAGES

COMES NOW Plaintiffs, KATHYA PUIG and RODOLFO FERNANDO PUIG, as

CECILIA S. PINO, GIOVANNI QUINTERO, BRIAN BURT, YUSNIEL COLLADO, OCEAN

d/b/a TRAUMA STAR and would further state, as follows:

PARTIES, JURISDICTION, AND VENUE

mother of KATERINA PUIG.

the natural father of KATERINA PUIG.

was under eighteen (18) years of age.

and operated exclusively by Defendant, GEORGE IGNACIO PINO in Miami-Dade, County

Court has subject matter jurisdiction over this cause of action.

2019 29’ Robalo bearing Florida Registration Number D01294732.

2019 29’ Robalo bearing Florida Registration Number D01294732.

subject 2019 29’ Robalo bearing Florida Registration Number D01294732.

14. At all times material hereto, Defendant, GIOVANNI QUINTERO (hereinafter

within the jurisdictional limits of this Honorable Court.

limits of this Honorable Court.

the jurisdictional limits of this Honorable Court.

INC. (hereinafter referred to as “OCEAN REEF”) was and is a corporation registered to do

Largo, Monroe County, Florida.

AGENCY ALLEGATIONS AGAINST

and/or BURT and/or COLLADO as paramedics and/or emergency responders.

OCEAN REEF accepted Defendants, QUINTERO and/or BURT and/or COLLADO’s

they should be considered actual agents of Defendant, OCEAN REEF.

include, but are not limited to:

a. Defendant, OCEAN REEF held itself out to the community in general

implied) agency relationship with Defendant, OCEAN REEF.

27. In anticipation of their daughter’s birthday celebration, GEORGE IGNACIO PINO

invited by them, including KATERINA PUIG.

28. On or about September 4, 2022, Defendants, GEORGE IGNACIO PINO and

County, Florida with a total of fourteen (14) passengers on board.

out on the water on the date of the subject incident.

Defendants, GEORGE IGNACIO PINO and/or CECILIA S. PINO.

PM and did not make it to KATERINA PUIG until 8:01 PM.

arrived on scene at approximately 8:40 P.M.

KATERINA PUIG until 8:43 P.M.

41. As a result of the delays in Defendant, TRAUMA STAR’s dispatch, Plaintiffs’

Children’s Hospital until 9:07 P.M. on September 4, 2022.

contributed to cause the injuries and/or damages complained of.

operation of his vessel.

a) Failing to keep a safe and proper look out; and/or

A. The reasonable value or expense of hospitalization and medical and nursing

care and treatment necessarily or reasonably obtained by KATHYA PUIG

and RODOLFO FERNANDO PUIG, as Parents and Natural Guardians of

KATERINA PUIG, in the past and to be so obtained in the future;

B. The reasonable value or expense of hospitalization and medical and nursing

care and treatment necessarily or reasonably obtained by Plaintiff,

KATERINA PUIG, to be obtained in the future;

KATERINA PUIG, in the past and in the future; and

negligence resulting in Plaintiffs’ Ward, KATERINA PUIG’s significant injuries resulting in

48. As a direct and proximate result of Defendant, GEORGE IGNACIO PINO’s