Ocala Automobile Injury Attorneys
Ocala Automobile Injury Attorneys
As the holiday season approaches, increased travel on Florida roadways comes with risk. The change in season brings unexpected weather conditions such as fog, reduced hours of daylight and icy roads (yes, even in Florida!). If you have been injured in a motor vehicle accident due to the negligence of another driver, you may be entitled to damages including, but not limited to medical expenses, property damages, loss of wages due to injury and attorney’s fees. The attorneys of Massey & Duffy, PLLC will work hard to negotiate with the insurance companies and medical providers to ensure you receive the care that you need and receive a maximum settlement for your injuries.
With any type of personal injury claim, statute of limitations vary and may be closer than you think. It is essential that you contact an attorney that specializes in personal injury/wrongful death immediately. Before giving any statements to any insurance adjuster, including your own, you should contact a personal injury attorney.
PLAINTIFFS’ FIRST AMENDED COMPLAINTAND DEMAND FOR JURY TRIAL
Plaintiffs, Steven Timberland and Lisa Timberland, by and through undersigned counsel, sue the Defendants, Pennsylvania Lumbermen’s Morning Fire Insurance Company and Mauro C. Damaging, and state:
PARTIES
The plaintiff, Steven Timberland, at all times material hereto was a citizen of the State of Florida.
The plaintiff, Lisa Timberland, at all times material hereto was a citizen of the State of Florida.
The Defendant, Pennsylvania Lumbermen’s Morning Fire
Insurance Company is a corporation domiciled in the State of Pennsylvania, in the business of selling automobile liability insurance, authorized to do business in the State of Florida., and can be served through its registered agent, Chief Financial Officer, State of Florida, 200 East Gaines Street, Tallahassee, Florida.
The Defendant, Mauro C. Damaging is a permanent United States Citizen domiciled in the State of Florida.
FACTS
This lawsuit results from a collision that occurred on November 16, 2015, on I-95 North approximately 2 miles north of State Road 50, in the State of Florida. Plaintiff, Steven Timberland, was driving his vehicle reasonably and prudently when Defendant, Mauro Damaging’s vehicle suddenly and violently struck plaintiff’s vehicle. As a result of the impact, plaintiff, Steven Timberland, suffered bodily injuries and Plaintiff, Lisa Timberland, suffered a loss of consortium.
COUNT I
NEGLIGENCE OF MAURO C. DAMAGING
Plaintiff, Steven Timberland, reasserts and realleges each of the foregoing paragraphs as if fully set forth herein.
Defendant, Mauro C. Damaging, had a duty to exercise ordinary
care and operate his vehicle reasonably and prudently. On or about November 16, 2015, Defendant, Mauro C. Damaging negligently breached that duty in one or more of the following ways:
- Failing to maintain a proper lookout;
- Failing to yield right of way by entering plaintiff’s lane of traffic;
and Violating Florida Statute 316.1925, careless driving.
As a direct and proximate result of the negligence of Mauro C. Damaging, Plaintiff, Steven Timberland suffered bodily injury and resulting physical pain and mental anguish in the past and future; lost earnings; damage to earning capacity; disfigurement in the past and future; physical impairment in the past and future; loss of enjoyment of life, and aggravation of a previously existing condition. The losses are either permanent or continuing and plaintiff will suffer the losses in the future. Plaintiff, Steven Timberland, has sustained permanent injuries within a reasonable degree of medical probability.
WHEREFORE, Plaintiff, Steven Timberland, asks for judgment against Defendant, Mauro C. Damaging for damages, prejudgment and post judgment interest, costs of suit, all other relief the court deems proper, and a trial by jury on all issues herein.
COUNT II
UNINSURED/UNDERINSURED CLAIM AGAINST DEFENDANT
PENNSYLVANIA LUMBERMEN’S MORNING FIRE INSURANCE
COMPANY
Plaintiff, Steven Timberland, reasserts and realleges each of the allegations contained in foregoing paragraphs one through five as if fully set forth herein and further states:
The Plaintiff, Steven Timberland, is entitled to relief against the Defendant, Pennsylvania Lumbermen’s Morning Fire Insurance Company, upon the following facts:
a.
On or about November 15, 2005, the Plaintiff, Steven Timberland, was an insured under an automobile insurance policy which was in full force and effect with Defendant, Pennsylvania Lumbermen’s Morning Fire Insurance Company, policy number BA 10-U007-02-05. (Copy of the policy declarations sheet and relevant attachments were attached to plaintiff’s Complaint and are incorporated herein be reference.)
Said policy provides protection coverage including uninsured/underinsured motorist coverage.
On or about November 16, 2015, at a time when the aforesaid policy was in full force and effect, the vehicle driven by the Plaintiff, Steven Timberland, was violently struck by a vehicle negligently operated by an uninsured or underinsured motorist, Mauro C. Damaging.
Plaintiff suffered serious and permanent injuries within a reasonable degree of medical probability about which injuries required extensive medical treatment and procedures, thereby causing Steven Timberland to endure great pain to the body and mind.
The underinsured driver, Mauro C. Damaging, did not maintain bodily injury liability coverage to compensate the Plaintiff for injuries sustained in the accident and consequently, Mauro C. Damaging, is an “uninsured or underinsured motorist” within the terms of the aforementioned policy.
The aforesaid collision and ensuing injuries and damages suffered by Plaintiff, Steven Timberland, were the direct and proximate result of the careless and negligent operation of the said uninsured/underinsured motor vehicle, by Mauro Damaging, all within the meaning of the aforesaid insurance policy.
The Plaintiff is entitled to make an underinsured motorist claim under the policy for damages.
The Plaintiff complied with all the requirements of the said policy which were applicable by law, but Defendant, Pennsylvania Lumbermen’s Morning Fire Insurance Company, has refused and failed to pay the benefits to which the Plaintiff, Steven Timberland, is entitled.
WHEREFORE, Plaintiff, Steven Timberland, asks judgment against
Pennsylvania Lumbermen ‘s Morning Fire Insurance Company for actual
damages, prejudgment and postjudgment interest, costs of suit, all other relief
the court deems appropriate and a trial by jury on all issues herein.
Call (352) 505-8900 today to schedule your free consultation!
