Filing # 221281474 E-Filed 04/17/2025 04:31:36 PM
IN THE CIRCUIT COURT OF THE NINETEENTH
JUDICIAL CIRCUIT IN AND FOR
ST. LUCIE COUNTY, FLORIDA
CASE NO.: 2024-CA-002351
REYNIER RODRIQUEZ, as Personal
Representative of the ESTATE OF
ARSENIO MAS,
Plaintiff,
vs.
FLORIDA HIGHWAY PATROL, an
agency of the State of Florida, and
ROBERT FINK, as Personal Representative of the
Estate of ZACHARY FINK, Deceased.
Defendants.
______________________________
ROBERT FINK, as Personal Representative of the
Estate of ZACHARY FINK, Deceased.
Counter-Plaintiff,
vs.
REYNIER RODRIQUEZ, as Personal
Representative of the ESTATE OF
ARSENIO MAS, DANYS LOPEZ SALGADO,
EMPOWER YCC TRANSPORT INC, and EAGLE
CARRIER, LLC,
Counter-Defendant/Defendants.
______________________________/
COUNTERCLAIM OF ROBERT FINK, AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF ZACHARY FINK, DECEASED
Defendant/Counter-Plaintiff, ROBERT FINK, as Personal Representative of the Estate of
ZACHARY FINK, Deceased, by and through undersigned counsel, and hereby sues the
Plaintiff/Counter-Defendant, REYNIER RODRIQUEZ, as Personal Representative of the
St. Lucie County Clerk File Date: 04/21/2025 01:18 PM
ESTATE OF ARSENIO MAS, and Defendants DANYS LOPEZ SALGADO, EMPOWER YCC
TRANSPORT INC, and EAGLE CARRIER, LLC and alleges as follows:
1. This is an action for damages in excess of Fifty Thousand Dollars ($50,000.00), exclusive
of interest and costs.
2. That at all times material to the cause herein, the Deceased, ZACHARY FINK, and the
Personal Representative, ROBERT FINK, were residents of St. Lucie County, Florida.
3. At all times material hereto, the Plaintiff, ROBERT FINK, was and is the duly authorized
and appointed representative of the Estate of ZACHARY FINK, now deceased, and a copy of the
Letters of Administration and Order Appointing ROBERT FINK to that position is hereby attached
as Exhibit “A”.
4. That at all times material to the cause herein, the Counter-Defendant, REYNIER
RODRIQUEZ, was a resident of Miami-Dade County, Florida.
5. That at all times material to the cause herein, the Defendant, DANYS LOPEZ SALGADO,
was a resident of Miami-Dade County, Florida.
6. That at all times material to the cause herein, the Defendant, EMPOWER YCC
TRANSPORT, INC., was a Florida corporation authorized to do and doing business in and about
the State of Florida, and in particular, Miami-Dade County, Florida.
7. That at all times material to the cause herein, the Defendant, EAGLE CARRIER, LLC,
was a Florida corporation authorized to do and doing business in and about the State of Florida,
and in particular, Miami-Dade County, Florida.
8. On or about February 2, 2024, at approximately 2:57 AM, ARSENIO MAS was driving a
2015 Freightliner truck owned by Danys Lopez Salgado, that was being operated southbound on
Interstate 95 at or near the mile marker 120 in Port St. Lucie, St. Lucie County, Florida. ARSENIO
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MAS was carrying freight on behalf of EAGLE CARRIER, LLC in a 2011 Great Dane trailer
owned by EMPOWER YCC TRANSPORT, INC.
9. At the aforementioned time and place, ARSENIO MAS, negligently operated the semitruck
so as to cause it to collide with the patrol car ZACHARY FINK, was driving.
10. As a direct and proximate result of the negligence of the Defendant, ARSENIO MAS,
ZACHARY FINK was tragically killed.
11. In accordance with Chapter 768, Florida Statutes, Plaintiff, ROBERT FINK, as
Personal Representative of the Estate of ZACHARY FINK, Deceased, for and on behalf of the
survivors under the Florida Wrongful Death Act, make the following claims:
a. For ROBERT FINK, the Decedent’s father, mental pain and suffering in the loss
of his son and support and services from the time of death of ZACHARY FINK
and into the future;
b. For Heather Yokie, the Decedent’s mother, mental pain and suffering in the loss of
her son and support and services from the time of death of ZACHARY FINK and
into the future; and/or
c. The Estate of ZACHARY FINK, Deceased, the medical and funeral bills incurred
as a result of the death of the decedent; and the loss of the net accumulations of the
deceased’s estate had he not died.
COUNT I—NEGLIGENCE OF ARSENIO MAS
Counter-Plaintiff realleges and reavers all of the general allegations contained in
Paragraphs 1 through 11 above, as though fully set forth herein.
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12. That at above time and place, ARSENIO MAS, Deceased, did owe a duty of care to
ZACHARY FINK, Deceased, to use reasonable care and/or caution to properly maintain, operate,
and control the motor vehicle he was operating.
13. That at said time and place, the Counter-Defendant, ARSENIO MAS, did breach the
above-mentioned duty by negligently and/or carelessly operating and/or maintaining said motor
vehicle so as to cause it to strike the patrol car the Counter-Plaintiff, ZACHARY FINK, Deceased,
was driving.
14. That as a direct, proximate and foreseeable result of the negligence of the Counter-
Defendant, ARSENIO MAS, the Counter-Plaintiff, ZACHARY FINK, Deceased, suffered fatal
injuries, resulting in his death.
15. As a direct and proximate result of the negligence of Counter-Defendant, ARSENIO MAS,
the Counter-Plaintiff, ROBERT FINK, who was and is the duly authorized and appointed
representative of the Estate of ZACHARY FINK, sets forth the above-listed claims for the
decedent’s Estate and survivors, pursuant to Florida Statutes Section 768.21, the Wrongful Death
Act.
WHEREFORE, Counter-Plaintiff, ROBERT FINK, as Personal Representative of the
Estate of ZACHARY FINK, Deceased, demands judgment plus costs and interest against the
Counter-Defendant, REYNIER RODRIQUEZ, as Personal Representative of the ESTATE OF
ARSENIO MAS, and further demands trial by jury.
COUNT II—VICARIOUS LIABILITY OF DANYS LOPEZ SALGADO
Counter-Plaintiff realleges and reavers all of the general allegations contained in
Paragraphs 1 through 11 above, as though fully set forth herein.
16. At said time and place the Defendant, DANYS LOPEZ SALGADO, owed a duty to the
Plaintiff to own, entrust or operate the vehicle in a reasonable and safe manner.
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17. At the aforementioned time and place, the Defendant, DANYS LOPEZ SALGADO,
negligently owned, entrusted and/or operated the motor vehicle so as to cause it to collide with
the vehicle ZACHARY FINK was operating.
18. The Defendant, DANYS LOPEZ SALGADO, is vicariously liable for the acts of the
ARSENIO MAS, a permissive user of the automobile.
19. As a direct and proximate result of the negligence of ARSENIO MAS, the Counter-
Plaintiff, ROBERT FINK, who was and is the duly authorized and appointed representative of the
Estate of ZACHARY FINK, sets forth the above-listed claims for the decedent’s Estate and
survivors, pursuant to Florida Statutes Section 768.21, the Wrongful Death Act.
WHEREFORE, Counter-Plaintiff, ROBERT FINK, as Personal Representative of the
Estate of ZACHARY FINK, Deceased, demands judgment plus costs and interest against the
Defendant, DANYS LOPEZ SALGADO, and further demands trial by jury.
COUNT III—JOINT ENTERPRISE—EMPOWER YCC TRANSPORT, INC
Counter-Plaintiff realleges and reavers all of the general allegations contained in
Paragraphs 1 through 11 above, and 29 through 37 below, as though fully set forth herein.
20. The incident occurred during the performance of a joint enterprise and under the auspices
of an agreement or, at a minimum, of an implied agreement, to undertake a business venture
whereby ARSENIO MAS, DANYS LOPEZ SALGADO and EMPOWER YCC TRANSPORT,
INC earned profits through delivery of freight.
21. ARSENIO MAS, DANYS LOPEZ SALGADO and EMPOWER YCC TRANSPORT, INC
joined efforts and shared a community of interests in the purposes of the undertaking to be
accomplished in the enterprise and specifically, the shipment and delivery of freight at the very
time and place of the accident.
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22. ARSENIO MAS, DANYS LOPEZ SALGADO and EMPOWER YCC TRANSPORT,
INC.’s interest arose out of its desire to earn income and profit from the shipping and delivery of
freight.
23. ARSENIO MAS, DANYS LOPEZ SALGADO and EMPOWER YCC TRANSPORT,
INC. earned income and profits from the use of EMPOWER YCC TRANSPORT, INC.’s Great
Dane Trailer.
24. DANYS LOPEZ SALGADO and EMPOWER YCC TRANSPORT, INC.’s had a voice
and a right to be heard in the control and management of the joint enterprise.
25. DANYS LOPEZ SALGADO and EMPOWER YCC TRANSPORT, INC. had input into
and the right to control the scheduling, positioning, routing of the shipments themselves, as well
as decisions concerning: the rules governing various aspects of the deliveries; the delivery and
driving procedures; driver selection; driver education and training; driver supervision; the truck's
markings and safety equipment; subject to compliance with applicable federal motor carrier and
USDOT regulations.
26. DANYS LOPEZ SALGADO and EMPOWER YCC TRANSPORT, INC.’s input and
control, and their right to direct the joint enterprise, was commensurate with the level of input and
control and right to direct the joint enterprise and the actions of ARSENIO MAS.
27. DANYS LOPEZ SALGADO and EMPOWER YCC TRANSPORT, INC., as members of
a joint venture and/or joint enterprise, are liable for the acts of each other and their agents such
that their negligence is imputed to each other.
28. As a direct and proximate result of the negligence of ARSENIO MAS, the Counter-
Plaintiff, ROBERT FINK, who was and is the duly authorized and appointed representative of the
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Estate of ZACHARY FINK, sets forth the above-listed claims for the decedent’s Estate and
survivors, pursuant to Florida Statutes Section 768.21, the Wrongful Death Act.
WHEREFORE, Counter-Plaintiff, ROBERT FINK, as Personal Representative of the
Estate of ZACHARY FINK, Deceased, demands judgment plus costs and interest against the
Defendant, EMPOWER YCC TRANSPORT, and further demands trial by jury.
COUNT IV—JOINT ENTERPRISE— EAGLE CARRIER, LLC
Counter-Plaintiff realleges and reavers all of the general allegations contained in
Paragraphs 1 through 11 and 20 through 28, above, as though fully set forth herein.
29. The incident occurred during the performance of a joint enterprise and under the auspices
of an agreement or, at a minimum, of an implied agreement, to undertake a business venture
whereby DANYS LOPEZ SALGADO and EAGLE CARRIER, LLC earned profits through
delivery of freight.
30. DANYS LOPEZ SALGADO and EAGLE CARRIER, LLC, joined efforts and shared a
community of interests in the purposes of the undertaking to be accomplished in the enterprise and
specifically, the shipment and delivery of freight at the very time and place of the accident.
31. DANYS LOPEZ SALGADO and EAGLE CARRIER, LLC’s interest arose out of its desire
to earn income and profit from the shipping and delivery of freight.
32. DANYS LOPEZ SALGADO and EAGLE CARRIER, LLC earned income and profits
from the shipment and delivery of freight.
33. DANYS LOPEZ SALGADO and EAGLE CARRIER, LLC had a voice and a right to be
heard in the control and management of the joint enterprise.
34. DANYS LOPEZ SALGADO and EAGLE CARRIER, LLC had input into and the right to
control the scheduling, positioning, routing of the shipments themselves, as well as decisions
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concerning: the rules governing various aspects of the deliveries; the delivery and driving
procedures; driver selection; driver education and training; driver supervision; the truck's markings
and safety equipment; subject to compliance with applicable federal motor carrier and USDOT
regulations.
35. DANYS LOPEZ SALGADO and EAGLE CARRIER, LLC’s input and control, and their
right to direct the joint enterprise, was commensurate with the level of input and control and right
to direct the joint enterprise and the actions of ARSENIO MAS.
36. DANYS LOPEZ SALGADO and EAGLE CARRIER, LLC, as members of a joint venture
and/or joint enterprise, are liable for the acts of each other and their agents such that their
negligence is imputed to each other.
37. As a direct and proximate result of the negligence of ARSENIO MAS, the Counter-
Plaintiff, ROBERT FINK, who was and is the duly authorized and appointed representative of the
Estate of ZACHARY FINK, sets forth the above-listed claims for the decedent’s Estate and
survivors, pursuant to Florida Statutes Section 768.21, the Wrongful Death Act.
WHEREFORE, Counter-Plaintiff, ROBERT FINK, as Personal Representative of the
Estate of ZACHARY FINK, Deceased, demands judgment plus costs and interest against the
Defendant, EAGLE CARRIER, LLC, and further demands trial by jury.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the was filed electronically and was
sent by E-Mail from the Florida’s Court’s E-Filing Portal system, unless other noted below, on all
counsel or parties of record listed below, this 17th day of April 2025. The foregoing document has
also been sent from the undersigned counsel by E-Mail to all counsel or parties of record listed
below.
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SILVA & SILVA, P.A.
Attn: Carlos E. Silva, Esq.
Attn: Oliver G. Silva, Esq.
Attorneys for Plaintiff
236 Valencia Avenue
Coral Gables, Florida 33134
csilva@silvasilva.com
osilva@silvasilva.com
sangelbello@silvasilva.com
SCHULER, WEISSER, ZOELLER,
OVERBECK & BAXTER, PA
Attorneys for the Estate of Zachary Fink
Barristers Building, Fourth Floor
1615 Forum Place
West Palm Beach, FL 33401
(561) 689-8180
jweisser@shw-law.com
mdickenson@shw-law.com
michele@shw-law.com
jroche@shw-law.com
By: /s/ Jason D. Weisser
Jason D. Weisser, Esq.
FBN: 101435
Michael D. Dickenson
FBN: 90011
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Filing # 214471756 E-Filed 01/13/2025 03:08:14 PM
IN THE CIRCUIT COURT FOR THE 19TH JUDICIAL CIRCUIT,
IN AND FOR ST. LUCIE COUNTY, FLORIDA
IN RE: ESTATE OF PROBATE DIVISION
ZACHARY FINK, File No.2024CP001753
Deceased.
/
ORDER APPOINTING PERSONAL REPRESENTATIVE
(Intestate)
On the petition of ROBERT FINK for administration of the Estate of ZACHARY FINK,
Deceased, the court finding that the decedent died on February 2, 2024, and that ROBERT FINK
is entitled to appointment as Personal Representative by reason of: he is the father of the deceased,
ITIS:
ADJUDGED that ROBERT FINK is appointed personal representative of the Estate of
the Decedent, and that upon taking the prescribed oath, filing designation of resident agent and
acceptance, and entering into bond in the sum of $0, letters of administration shall be issued.
ORDERED onJanuary 13, 2025. By
Jan 13, 2025
CIRCUIT JUDGE
cc: Scott R. Bugay, PA
290 NW 165 Street, P-600
Miami, Florida 33169
Filing # 214471756 E-Filed 01/13/2025 03:08:14 PM
IN THE CIRCUIT COURT FOR THE 19TH JUDICIAL CIRCUIT,
IN AND FOR ST. LUCIE COUNTY, FLORIDA
IN RE: ESTATE OF PROBATE DIVISION
ZACHARY FINK, File No. 2024CP001753
Deceased.
/
LETTERS OF ADMINISTRATION
(Single personal representative)
TO ALL WHOM IT MAY CONCERN
WHEREAS, ZACHARY FINK, a resident of St. Lucie County, died on February 2, 2024,
owning assets in the State of Florida, and
WHEREAS, ROBERT FINK has been appointed personal representative of the estate of
the decedent and have performed all acts prerequisite to issuance of Letters of Administration in
the estate.
NOW, THEREFORE, I, the undersigned circuit judge, declare ROBERT FINK duly
qualified under the laws of the State of Florida to act as personal representatives of the estate of
ZACHARY FINK, deceased, with full power to administer the estate according to law; to ask,
demand, sue for, recover and receive the property of the decedent; to pay the debts of the decedent
as far as the assets of the estate will permit and the law directs; and to make distribution of the
estate according to law.
ORDEREDon . ByJan 13, 2025
CIRCUIT JUDGE
Copy to:
Scott R. Bugay, PA
290 NW 165 Street, P-600
Miami, Florida 33169
Filing # 214471756 E-Filed 01/13/2025 03:08:14 PM
IN THE CIRCUIT COURT FOR THE 19TH JUDICIAL CIRCUIT,
IN AND FOR ST. LUCIE COUNTY, FLORIDA
IN RE: ESTATE OF PROBATE DIVISION
ZACHARY FINK, File No. 2024CP001753
Deceased.
/
ORDER WAIVING BOND OF PERSONAL REPRESENTATIVE
On the petition of ROBERT FINK for waiver of bond requirement in the Estate of
ZACHARY FINK, the court finding that the gross value of the estate, the relationship of the
personal representative to the beneficiaries, the exempt property and any family allowance, the
type and nature of the assets, known creditors and the liens and encumbrances on the assets, if any,
are such that it is
ADJUDGED that the bond requirement for the personal representatives is hereby waived.
ORDERED on .
Jan 13, 2025
CIRCUIT JUBGE
Copy to:
Scott R. Bugay, PA
290 NW 165 Street, P-600
Miami, Florida 33169
