Preview
11-2019-CA-001999-0001-XX
Filing # 89699457 E-Filed 05/17/2019 10:57:12 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL
MARYLEN LUNDIN, Case No:
Plaintiff, Judge:
Vv.
MAGGIE POWERS
BEBETTE SARTAIN-POWERS,
HARTFORD UNDERWRITERS INSURANCE COMPANY.
Defendants
/
COMPLAINT
Plaintiff, Marylen Lundin sues Defendants, Bebette Sartain-Powers, HARTFORD
UNDERWRITERS INSURANCE COMPANY, and alleges as follows:
1. This is an action for damages in excess of FIFTEEN THOUSAND ($15,000.00)
DOLLARS, and for other relief.
2. Plaintiff, Marylen Lundin is a resident of Collier County, Florida.
3. Defendant, Maggie Powers is a resident of Seminole County, Florida
4. Defendant, Bebette Sartain-Powers is a resident of Seminole County, Florida.
5. On information and belief, at all times mentioned below, on 3/21/2018 at 4:50 P.M.,
Maggie Powers was operating a 2012 Hyundai automobile bearing Florida registration
plate number 260PMF.
6. On information and belief, at all times mentioned below, the Defendant Bebette Sartain-
Powers was and still is the registered title owner of the 2012 Hyundai automobile bearing
Florida registration plate number 260PMF
7. On information and belief, at all times mentioned below, the Defendant HARTFORD
UNDERWRITERS INSURANCE COMPANY, was and still is a corporation authorized
to do business in Collier County, Florida.
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 05/17/2019 02:27:10 PM10.
11.
12.
13.
14.
15.
On information and belief, at all times mentioned below, the Defendant HARTFORD
UNDERWRITERS INSURANCE COMPANY, transacts business and/or contracts to
supply good and/or services in Collier County, Florida.
On information and belief, at all times mentioned below, the Defendant HARTFORD
UNDERWRITERS INSURANCE COMPANY, derives substantial revenue from
interstate and/or international commerce.
Defendant, HARTFORD UNDERWRITERS INSURANCE COMPANY, now and at all
times herein mentioned was, a corporation existing and duly authorized and licensed to
write and issue insurance policies in the State of Florida, with agents located in Collier
County, Florida.
On or about 3/21/2018, at 10:30 A.M., the Defendant Maggie Powers was operating the
motor vehicle on Golden Gate Parkway, Naples, Collier County, Florida.
At all times mentioned, Golden Gate Parkway was and still is a public thoroughfares
located in Naples, Collier County Florida, and runs generally in a East-West direction.
COUNTI
NEGLIGENCE OF MAGGIE POWERS
Plaintiff repeats and reiterates all the allegations contained in Paragraphs 1 through 12 as
though more fully set forth here.
At that time and place, the above-described occurrence and the resulting injuries to the
Plaintiff were due solely to the negligent operation, use, control, and ownership of the
vehicle owned by Defendant Bebette Sartain-Powers, and operated by Maggie Powers, in
that Maggie Powers failed to use due care.
At that time and place, the above-described occurrence and the resulting injuries to the
Plaintiff were due solely to the negligent operation, use, control, and ownership of the
vehicle owned by Defendant Bebette Sartain-Powers, and operated by Maggie Powers, in
that Maggie Powers failed to observe the surrounding conditions.16.
17.
18.
19.
20.
21
At that time and place, the above-described occurrence and the resulting injuries to the
Plaintiff were due solely to the negligent operation, use, control, and ownership of the
vehicle owned by Defendant Bebette Sartain-Powers, and operated by Maggie Powers, in
that Maggie Powers operated the motor vehicle at an unsafe distance so that it collided
with the motor vehicle of the Plaintiff.
At that time and place, the above-described occurrence and the resulting injuries to the
Plaintiff were due solely to the negligent operation, use, control, and ownership of the
vehicle owned by Defendant Bebette Sartain-Powers, and operated by Maggie Powers, in
that Maggie Powers operated the motor vehicle at an unsafe speed so that there was
insufficient time to stop before hitting the Plaintiff.
At that time and place, the above-described occurrence and the resulting injuries to the
Plaintiff were due solely to the negligent operation, use, control, and ownership of the
vehicle owned by Defendant Bebette Sartain-Powers, and operated by Maggie Powers, in
that Maggie Powers negligently failed to take any steps to avoid the accident.
At that time and place, the above-described occurrence and the resulting injuries to the
Plaintiff were due solely to the negligent operation, use, control, and ownership of the
vehicle owned by Defendant Bebette Sartain-Powers, and operated by Maggie Powers, in
that Maggie Powers negligently failed to keep a proper lookout.
At that time and place, the above-described occurrence and the resulting injuries to the
Plaintiff were due solely to the negligent operation, use, control, and ownership of the
vehicle owned by Defendant Bebette Sartain-Powers, and operated by Maggie Powers, in
that Maggie Powers negligently failed to proceed in a reasonably prudent fashion given
the fact that the Plaintiff was in plain and full view of Defendant.
. At that time and place, the above-described occurrence and the resulting injuries to the
Plaintiff were due solely to the negligent operation, use, control, and ownership of the
vehicle owned by Defendant Bebette Sartain-Powers, and operated by Maggie Powers, in
that Maggie Powers negligently failed to use the brakes, horn, lights, and steering
mechanisms of the vehicle to avoid the accident and resulting injuries to the Plaintiff.22.
23.
24
25.
26.
27.
28.
29.
30.
At all times mentioned, Maggie Powers owed a duty to the Plaintiff to exercise due care
in operating the described vehicle.
At all times mentioned, Maggie Powers breached this duty to the Plaintiff as alleged in
this Complaint.
. At all times mentioned, Maggie Powers’s breach of his duty directly and proximately
caused all damages and injuries to the Plaintiff as set forth below.
At all times mentioned, the accident was without any negligence on the part of the
Plaintiff.
Under Florida's Dangerous Instrumentality Doctrine, Bebette Sartain-Powers is liable to
the Plaintiff for all damages caused by Maggie Powers.
As a result of Maggie Powers's negligence, for which Defendant, Bebette Sartain-Powers
is liable, Plaintiff Marylen Lundin suffered permanent bodily injury and resulting pain
and suffering, disability, disfigurement, mental anguish, loss of the capacity for the
enjoyment of life, expenses of hospitalization medical and nursing care and treatment,
loss of earnings and loss of ability to earn money. The losses are either permanent or
continuing and Plaintiff will suffer the losses in the future.
COUNT II
STRICT LIABILITY
. Plaintiff repeats and reiterates all the allegations contained in Paragraphs 1 through 27 as
though more fully set forth here.
At all times mentioned in this Complaint, the Defendant Bebette Sartain-Powers
consented, permitted, and otherwise entrusted the above-mentioned vehicle to Maggie
Powers prior to the time of the above-mentioned accident.
At all times mentioned in this Complaint, the Defendant Bebette Sartain-Powers was
negligent in entrusting the automobile to Maggie Powers when it knew or should have
known that Maggie Powers was an incompetent, inexperienced, and reckless driver who
was incapable of properly and safely operating the automobile.31. At all times mentioned in this Complaint, the Defendant Bebette Sartain-Powers is
vicariously liable for all injuries caused to the Plaintiff in its negligent entrustment of the
automobile to Maggie Powers.
32. At all times mentioned in this Complaint, the Defendant Bebette Sartain-Powers’s
negligent entrustment of the automobile to Maggie Powers, and the negligence of Maggie
Powers was the direct and proximate cause of the injuries suffered by the Plaintiff.
WHEREFORE, The Plaintiff requests judgment against Defendant, Bebette Sartain-
Powers, for damages in a sum in excess of FIFTEEN THOUSAND AND 00/100 ($15,000.00)
DOLLARS, together with interest, costs, and such further relief as this court deems proper.
COUNT I
UNINSURED MOTORIST COVERAGE OF HARTFORD UNDERWRITERS
INSURANCE COMPANY
33. Plaintiff repeats and reiterates all the allegations contained in Paragraphs 1 through 32 as
though more fully set forth here.
34. This is an action for uninsured/underinsured motorist benefits and damages in excess of
$15,000.00.
35. On or prior to 3/21/2018, Defendant, HARTFORD UNDERWRITERS INSURANCE
COMPANY, issued and delivered to Marylen Lundin, an automobile liability insurance
policy which included in its' provision underinsured motorist, under policy number
55PHT48564001540A.
36. On or about 3/21/2018, while said policy was in full force and effect, Plaintiff, Marylen
Lundin, was injured when Bebette Sartain-Powers owned and negligently operated an
underinsured motor vehicle causing injuries to Marylen Lundin.
37. The Plaintiff, has performed all conditions precedent necessary to bring this action.38. The Plaintiff's damages exceed the amount of liability coverage maintained on the motor
vehicle owned by Bebette Sartain-Powers, making it an underinsured motor vehicle.
39. As a result, Plaintiff, Marylen Lundin, suffered bodily injury and resulting pain and
suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of
life, expense of medical care and treatment, loss of earnings, loss of ability to earn money
in the future. These losses are permanent and continuing in nature and Plaintiff, Marylen
Lundin, will suffer these losses in the future.
WHEREFORE, The Plaintiff requests judgment against Defendant, HARTFORD
UNDERWRITERS INSURANCE COMPANY, for damages in a sum in excess of FIFTEEN
THOUSAND AND 00/100 ($15,000.00) DOLLARS, together with interest, costs, and such
further relief as this court deems proper.
DEMAND FOR JURY TRIAL
The Plaintiffs demand a trial by jury on all issues triable by same.
JASON SCHWARTZ, ESQ.
JAMES J. ZONAS, ESQ.
ATTORNEY FOR PLAINTIFFS
700 2nd Ave N Ste 102
Naples, FL 34102-5700
Tel: (239) 403-7427
Fax: (239) 263-5498
done HS
JASON SCHWARTZ
FBN: 0053557
fe
JAMES J. ZONASFBN: 0100862
Preview
11-2019-CA-001999-0001-XX Filing # 89699457 E-Filed 05/17/2019 10:57:12 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL MARYLEN LUNDIN, Case No: Plaintiff, Judge: Vv. MAGGIE POWERS BEBETTE SARTAIN-POWERS, HARTFORD UNDERWRITERS INSURANCE COMPANY. Defendants / COMPLAINT Plaintiff, Marylen Lundin sues Defendants, Bebette Sartain-Powers, HARTFORD UNDERWRITERS INSURANCE COMPANY, and alleges as follows: 1. This is an action for damages in excess of FIFTEEN THOUSAND ($15,000.00) DOLLARS, and for other relief. 2. Plaintiff, Marylen Lundin is a resident of Collier County, Florida. 3. Defendant, Maggie Powers is a resident of Seminole County, Florida 4. Defendant, Bebette Sartain-Powers is a resident of Seminole County, Florida. 5. On information and belief, at all times mentioned below, on 3/21/2018 at 4:50 P.M., Maggie Powers was operating a 2012 Hyundai automobile bearing Florida registration plate number 260PMF. 6. On information and belief, at all times mentioned below, the Defendant Bebette Sartain- Powers was and still is the registered title owner of the 2012 Hyundai automobile bearing Florida registration plate number 260PMF 7. On information and belief, at all times mentioned below, the Defendant HARTFORD UNDERWRITERS INSURANCE COMPANY, was and still is a corporation authorized to do business in Collier County, Florida. FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 05/17/2019 02:27:10 PM10. 11. 12. 13. 14. 15. On information and belief, at all times mentioned below, the Defendant HARTFORD UNDERWRITERS INSURANCE COMPANY, transacts business and/or contracts to supply good and/or services in Collier County, Florida. On information and belief, at all times mentioned below, the Defendant HARTFORD UNDERWRITERS INSURANCE COMPANY, derives substantial revenue from interstate and/or international commerce. Defendant, HARTFORD UNDERWRITERS INSURANCE COMPANY, now and at all times herein mentioned was, a corporation existing and duly authorized and licensed to write and issue insurance policies in the State of Florida, with agents located in Collier County, Florida. On or about 3/21/2018, at 10:30 A.M., the Defendant Maggie Powers was operating the motor vehicle on Golden Gate Parkway, Naples, Collier County, Florida. At all times mentioned, Golden Gate Parkway was and still is a public thoroughfares located in Naples, Collier County Florida, and runs generally in a East-West direction. COUNTI NEGLIGENCE OF MAGGIE POWERS Plaintiff repeats and reiterates all the allegations contained in Paragraphs 1 through 12 as though more fully set forth here. At that time and place, the above-described occurrence and the resulting injuries to the Plaintiff were due solely to the negligent operation, use, control, and ownership of the vehicle owned by Defendant Bebette Sartain-Powers, and operated by Maggie Powers, in that Maggie Powers failed to use due care. At that time and place, the above-described occurrence and the resulting injuries to the Plaintiff were due solely to the negligent operation, use, control, and ownership of the vehicle owned by Defendant Bebette Sartain-Powers, and operated by Maggie Powers, in that Maggie Powers failed to observe the surrounding conditions.16. 17. 18. 19. 20. 21 At that time and place, the above-described occurrence and the resulting injuries to the Plaintiff were due solely to the negligent operation, use, control, and ownership of the vehicle owned by Defendant Bebette Sartain-Powers, and operated by Maggie Powers, in that Maggie Powers operated the motor vehicle at an unsafe distance so that it collided with the motor vehicle of the Plaintiff. At that time and place, the above-described occurrence and the resulting injuries to the Plaintiff were due solely to the negligent operation, use, control, and ownership of the vehicle owned by Defendant Bebette Sartain-Powers, and operated by Maggie Powers, in that Maggie Powers operated the motor vehicle at an unsafe speed so that there was insufficient time to stop before hitting the Plaintiff. At that time and place, the above-described occurrence and the resulting injuries to the Plaintiff were due solely to the negligent operation, use, control, and ownership of the vehicle owned by Defendant Bebette Sartain-Powers, and operated by Maggie Powers, in that Maggie Powers negligently failed to take any steps to avoid the accident. At that time and place, the above-described occurrence and the resulting injuries to the Plaintiff were due solely to the negligent operation, use, control, and ownership of the vehicle owned by Defendant Bebette Sartain-Powers, and operated by Maggie Powers, in that Maggie Powers negligently failed to keep a proper lookout. At that time and place, the above-described occurrence and the resulting injuries to the Plaintiff were due solely to the negligent operation, use, control, and ownership of the vehicle owned by Defendant Bebette Sartain-Powers, and operated by Maggie Powers, in that Maggie Powers negligently failed to proceed in a reasonably prudent fashion given the fact that the Plaintiff was in plain and full view of Defendant. . At that time and place, the above-described occurrence and the resulting injuries to the Plaintiff were due solely to the negligent operation, use, control, and ownership of the vehicle owned by Defendant Bebette Sartain-Powers, and operated by Maggie Powers, in that Maggie Powers negligently failed to use the brakes, horn, lights, and steering mechanisms of the vehicle to avoid the accident and resulting injuries to the Plaintiff.22. 23. 24 25. 26. 27. 28. 29. 30. At all times mentioned, Maggie Powers owed a duty to the Plaintiff to exercise due care in operating the described vehicle. At all times mentioned, Maggie Powers breached this duty to the Plaintiff as alleged in this Complaint. . At all times mentioned, Maggie Powers’s breach of his duty directly and proximately caused all damages and injuries to the Plaintiff as set forth below. At all times mentioned, the accident was without any negligence on the part of the Plaintiff. Under Florida's Dangerous Instrumentality Doctrine, Bebette Sartain-Powers is liable to the Plaintiff for all damages caused by Maggie Powers. As a result of Maggie Powers's negligence, for which Defendant, Bebette Sartain-Powers is liable, Plaintiff Marylen Lundin suffered permanent bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of the capacity for the enjoyment of life, expenses of hospitalization medical and nursing care and treatment, loss of earnings and loss of ability to earn money. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. COUNT II STRICT LIABILITY . Plaintiff repeats and reiterates all the allegations contained in Paragraphs 1 through 27 as though more fully set forth here. At all times mentioned in this Complaint, the Defendant Bebette Sartain-Powers consented, permitted, and otherwise entrusted the above-mentioned vehicle to Maggie Powers prior to the time of the above-mentioned accident. At all times mentioned in this Complaint, the Defendant Bebette Sartain-Powers was negligent in entrusting the automobile to Maggie Powers when it knew or should have known that Maggie Powers was an incompetent, inexperienced, and reckless driver who was incapable of properly and safely operating the automobile.31. At all times mentioned in this Complaint, the Defendant Bebette Sartain-Powers is vicariously liable for all injuries caused to the Plaintiff in its negligent entrustment of the automobile to Maggie Powers. 32. At all times mentioned in this Complaint, the Defendant Bebette Sartain-Powers’s negligent entrustment of the automobile to Maggie Powers, and the negligence of Maggie Powers was the direct and proximate cause of the injuries suffered by the Plaintiff. WHEREFORE, The Plaintiff requests judgment against Defendant, Bebette Sartain- Powers, for damages in a sum in excess of FIFTEEN THOUSAND AND 00/100 ($15,000.00) DOLLARS, together with interest, costs, and such further relief as this court deems proper. COUNT I UNINSURED MOTORIST COVERAGE OF HARTFORD UNDERWRITERS INSURANCE COMPANY 33. Plaintiff repeats and reiterates all the allegations contained in Paragraphs 1 through 32 as though more fully set forth here. 34. This is an action for uninsured/underinsured motorist benefits and damages in excess of $15,000.00. 35. On or prior to 3/21/2018, Defendant, HARTFORD UNDERWRITERS INSURANCE COMPANY, issued and delivered to Marylen Lundin, an automobile liability insurance policy which included in its' provision underinsured motorist, under policy number 55PHT48564001540A. 36. On or about 3/21/2018, while said policy was in full force and effect, Plaintiff, Marylen Lundin, was injured when Bebette Sartain-Powers owned and negligently operated an underinsured motor vehicle causing injuries to Marylen Lundin. 37. The Plaintiff, has performed all conditions precedent necessary to bring this action.38. The Plaintiff's damages exceed the amount of liability coverage maintained on the motor vehicle owned by Bebette Sartain-Powers, making it an underinsured motor vehicle. 39. As a result, Plaintiff, Marylen Lundin, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of medical care and treatment, loss of earnings, loss of ability to earn money in the future. These losses are permanent and continuing in nature and Plaintiff, Marylen Lundin, will suffer these losses in the future. WHEREFORE, The Plaintiff requests judgment against Defendant, HARTFORD UNDERWRITERS INSURANCE COMPANY, for damages in a sum in excess of FIFTEEN THOUSAND AND 00/100 ($15,000.00) DOLLARS, together with interest, costs, and such further relief as this court deems proper. DEMAND FOR JURY TRIAL The Plaintiffs demand a trial by jury on all issues triable by same. JASON SCHWARTZ, ESQ. JAMES J. ZONAS, ESQ. ATTORNEY FOR PLAINTIFFS 700 2nd Ave N Ste 102 Naples, FL 34102-5700 Tel: (239) 403-7427 Fax: (239) 263-5498 done HS JASON SCHWARTZ FBN: 0053557 fe JAMES J. ZONASFBN: 0100862