BOCA RATON, FL (Boca Post) (Copyright © 2025) — A wrongful death lawsuit was filed in Palm Beach County Circuit Court over a fatal rear-end crash the complaint says happened on North Federal Highway in Boca Raton.
The case is Michaelangelo Dibari, Jr., as Personal Representative of the Estate of Michaelangelo Dibari v. 95Autos, LLC and Christopher Fazio, filed in the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida, General Civil Division. The case number listed on the filing is 502025CA013150XXXAMB. It was e-filed Dec. 17, 2025.
In the complaint, Michaelangelo Dibari, Jr. says he is (or will soon be) appointed personal representative of the estate of his father, Michaelangelo Dibari. The filing states he is the decedent’s natural son and a statutory survivor under Florida’s Wrongful Death Act.
Two defendants are named: 95Autos, LLC, described as a Florida limited liability company doing business in Palm Beach County, and Christopher Fazio, described as a Florida resident. The complaint alleges 95Autos owned, leased, operated, controlled and/or maintained a 2014 Hino semitruck.. It also alleges Fazio was operating the truck within the course and scope of his employment and/or agency with 95Autos.
The crash at the center of the suit is alleged to have occurred on or about Aug. 18, 2025. According to the complaint, the decedent was driving northbound in the right lane on 5800 N. Federal Highway and was stopped for a red light at the intersection of Jeffery Street. The lawsuit alleges Fazio approached from behind in the semitruck and struck the rear of the decedent’s vehicle at a high rate of speed, pushing it forward into another vehicle directly in front of it.
That’s the allegation. A plain rear-end hit at a red light, but with a semi.
The complaint alleges the decedent was killed as a direct and proximate result of Fazio’s negligent and careless operation of the truck.
Count I is a wrongful death negligence claim against Fazio. The complaint lists the ways the plaintiff says Fazio was negligent: failing to operate the truck in a safe and reasonable manner, crashing into the rear of the decedent’s vehicle, failing to take evasive action, failing to slow down, failing to operate at a reasonable speed under the circumstances, operating while distracted, failing to stop before contact, failing to keep a proper lookout, and failing to comply with state and local traffic laws. It also alleges statutory violations, including Fla. Stat. § 316.0895 (following too closely) and Fla. Stat. § 316.1925 (careless driving), plus any other negligent acts or omissions that may be discovered during litigation.
Counts II and III go after 95Autos. One alleges vicarious liability under Florida’s dangerous instrumentality doctrine, claiming 95Autos owned the truck and permitted Fazio to drive it. The other alleges vicarious liability under respondeat superior, claiming Fazio was acting within the course and scope of his employment and/or agency when the crash occurred.
The lawsuit seeks damages “in excess of” the court’s minimal jurisdictional limits. The filing lists categories of damages the plaintiff says are available under Florida’s Wrongful Death Act, including mental pain and suffering, loss of support and services, loss of love, affection and parental guidance, medical expenses associated with the death, and funeral expenses. The estate also claims damages including medical and funeral expenses, loss of past and future earnings, and loss of net accumulations.
A jury trial is demanded.
The complaint is signed by Leesfield & Partners, P.A., based in Miami, with Justin B. Shapiro, Evan M. Robinson, and Andres Alpizar listed as attorneys for the plaintiff.
Court records also indicate that Fazio was recently cited for Careless Driving and for failure to provide proof of insurance on the date of the crash.
As with any civil complaint, these are allegations and have not been proven in court.
The original document, as filed with the Palm Beach County Clerk of Court, can be viewed here.
Learn more about how auto negligence lawsuits typically unfold in Florida.
