The family of a semi-truck driver killed during a high-speed chase last February is suing the Florida Highway Patrol and the estate of Trooper Zachary Fink, who also died in a crash on Interstate 95, court records show.
Arsenio Más, 55, of Homestead, and Fink, 26, died Feb. 2 following an early morning collision after officials pursued a Kia Forte, when the driver, identified as Michael Anthony Addison, 32, made a U-turn and headed north in the southbound lanes of I-95 in the area of Crosstown Parkway.
A semi driven by Más and Fink’s vehicle collided. Más died at the scene, while Fink, a three-year veteran, was taken to HCA Florida Lawnwood Hospital in Fort Pierce and died.
Más’s son, Reynier Rodriguez, of Coral Gables, on Dec. 27 filed a wrongful death lawsuit in St. Lucie County Circuit Court on behalf of himself and Más’ two other surviving children, Yeisel Más Dominguez and Nataly de la Caridad Bassi, records show.
The lawsuit in part argues Fink and the FHP are responsible for Más’s death after Fink collided with Más’ semi-truck while chasing Addison, of North Lauderdale in Broward County, who was taken into custody and arrested.
FHP did not immediately respond to TCPalm’s request for comment.
Fink is accused of disregarding FHP policies and procedures and “the safety of himself and others,” including Más as he pursued Addison.
Fink “recklessly … cut across all southbound lanes of traffic, from the outside lane to the inside lane, in pursuit” of Addison as he “attempted to make a U-turn from southbound I-95 over the median onto northbound I-95,” the lawsuit stated.
“Unsurprisingly, defendant Zachary Fink cut off Arsenio Más’s lane of travel and caused a violent collision,” court filings claimed.
“This extremely dangerous, negligent, and reckless maneuver was attempted at a high rate of speed and without regard for the safety of the motoring public, including Arsenio Más,” the suit continued. “But for defendant Zachary Fink’s reckless and/or negligent actions … Arsenio Más would not have died.”
A subsequent FHP investigation found “no tire marks prior to the (area of collision) from either vehicle to indicate any breaking or evasive action.”
As Fink’s employer and owner of his patrol cruiser, FHP is also liable for his actions and Más’s death, the suit noted.
“I’m furious with the agency,” said Yeisel Más Dominguez, Más’ 34-year-old daughter who lives in Cuba. “I believe this could have been avoided. To capture one criminal killed two people. They should know when it’s safe to do a pursuit and when not to.”
The agency has largely been unresponsive to the plaintiff’s requests for a settlement, according to Más family attorney Oliver Silva, with the Coral Gables-based personal injury law firm Silva & Silva.
“It’s really unfortunate FHP is dragging their feet,” Silva said. “You would think it would be in their best interest to just pay this out before everything comes to light in court, because the liability could not be clearer.”
According to Florida law, the maximum compensation a plaintiff can claim when suing a state agency is $300,000. The Más family’s lawyers predicted the lawsuit could take a year or more to be resolved. If the family wins a judgment, any payout would be divided up among Más’ three surviving children, Silva said.
“It’s chump change for a wrongful death. After the fees and everything, it’s next to nothing,” Silva said.
Mas’ children are split between living in South Florida and his native Cuba, from where Más immigrated when he was younger. Más moved to Homestead and took up trucking until the day of his death.
As the case moves through the courts, the family remains in limbo. Dulce Colibri, Más’ ex-wife and mother of his youngest daughter, said she isn’t confident the children will ever receive compensation for their father’s death.
“All we do is listen and wait for what the lawyers tell us,” Colibri said. “All we can do is not lose faith.”
Meanwhile, Addison, who is being held at the St. Lucie County Jail, has pleaded not guilty to a dozen charges, including second-degree felony murder of a law enforcement officer; second-degree felony murder; aggravated manslaughter of a law enforcement officer; two counts vehicular homicide; four counts high-speed fleeing causing injury or death; two counts high-speed or wanton fleeing and driving while license suspended.
His next court date is Feb. 26, records show.
More: Timeline: What led up to the death of Florida Highway Patrol Trooper Zachary Fink?
More: Judge orders no bond for man accused in death of FHP Trooper Zachary Fink
Jack Lemnus is a TCPalm enterprise reporter. Contact him at jack.lemnus@tcpalm.com, 772-409-1345, or follow him on X @JackLemnus.
This article originally appeared on Treasure Coast Newspapers: FHP and slain trooper sued by family of driver killed in highway chase