ST. LUCIE COUNTY, Fla. — Nearly a year after the Florida Highway Patrol was involved in a deadly pursuit of a fleeing suspect in St. Lucie County, the family of an innocent trucker killed in the chase has filed a lawsuit against the FHP and the estate of the trooper who also died in the incident.
According to a lawsuit filed Dec. 27, 2024, in St. Lucie County, the estate of the killed trucker, Arsenio Mas, is suing both the agency and the estate of former FHP Trooper Zachary Fink.
Both Mas and Fink were killed on Feb. 2, 2024, on Interstate 95 when FHP pursued a driver, Michael Addison, who they said was driving in a "reckless manner" and had an outstanding warrant and charges of assault with a deadly weapon.
Read the full lawsuit below:
In pursuit of Addison, Fink performed a U-turn on the interstate and drove into the path of a semi driven by Mas. Both Mas and Fink were killed in the collision.
Addison was taken into custody about five hours after the deadly wreck.
In the recently filed lawsuit, representatives of Mas claim Fink "breached his duty of care and negligently operated and/or maneuvered the FHP vehicle, causing the … crash."
"He (Fink) is at fault for this accident," attorney Carlos Silva, who represents the Mas family, said. "He violated protocol. We feel bad for him and his family, but we have to take care of our own and what happened here is horrific."
Other allegations against Fink include:
- Operated the FHP vehicle at an excessively high rate of speed
- Cut across several lanes of traffic without warning and at an excessively high rate of speed
- Failed to consider how his reckless pursuit of a fleeing vehicle could endanger the lives of the motoring public
- Continued his pursuit of the fleeing vehicle even after the fleeing vehicle cut across all southbound lanes of traffic and attempted a U-turn onto the northbound highway
- Disregarded FHP’' policies and procedures for pursuing fleeing vehicles
- Failed to avoid crashing into the plaintiff's truck
- Failed to keep a proper lookout for vehicles, including the plaintiff’s truck
- Failed to follow safe and reasonable procedures and protocols for operating a vehicle in the State of Florida
- Was otherwise negligent and/or reckless for allowing his unreasonable pursuit of the fleeing vehicle to jeopardize the safety of the motoring public
Mas' estate is seeking damages in excess of $50,000.
The lawsuit says that Mas' surviving son, Reynier Rodriguez, has been appointed the personal representative of his estate.
WPTV has reached out to the Florida Highway Patrol for comment on the lawsuit.
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A report released after the crash said Mas was not wearing a seat belt and was ejected from his semi as it overturned onto its right side.
Fink, 26, was a three-year veteran of the FHP. The president of the Florida Police Benevolent Association defended Fink's actions last February by saying, "We have authorization to try and stop that car by any means possible."
Fink's family is also fighting back.
Jacob Weisser, the attorney for Fink's estate, told WPTV the following:
"Trooper Fink was attempting to apprehend a felon. To place blame on Trooper Fink executing his lawful duties as a law enforcement officer protecting the public is truly unfortunate."
Addison faces several charges from three different law enforcement agencies including two counts of vehicular homicide, two counts of felony homicide, two counts of murder during the commission of a felony, driving without a license causing death or serious injury, aggravated fleeing to elude with serious injury or death and felony homicide.
