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IN THE CIRCUIT COURT OF THE THRTEENTI-I JUDICIAL CIRCUIT,
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
Gregory N. Glesson Case Number: 9~\- 60.-006"lo5
Division: K
Plaintiff(s)
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Michael V. Dad
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Deflendant(s)
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Address 2802 W Saint Isabel St. Q
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Tampa FL 33607
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Phone: (920) 242-9005
STATEMENT OF CLAIM
Plaintiff(s) sues defendant(s) for dimages which do not exceed $8,000.00 exclusive of costs and interest for
(check one cat gory below):
J Auto Accident occurring on or about 10/04/2020 in the vicinity of W Bay to Bay
Blvd and S Himes Ave , in Hillsborough County, Florida caused by negligent operation of a
vehicle operated by Michael V. Dad and owned by Michael V. Dax resulting
in damages, described below.
El Goods sold by Plaintiff; goods and prices and credits listed below.
El Work done and materials furnished, time and materials, showing charges and credits, listed below.
III Money lent to defendant on with interest owed since
I] Promissory Note execited on , copy attached, defendant failed to either pay the note, or an
instailment payment, and interest is owed since , plus attorney's fees.
III Account Stated for an agreed balance owed on business transactions bbetween the parties, the defendant did
not object to the statement of account presented, a copt of which is attached.
III Other claim - Please specify:
Eexplain below the details (what happened, dates, times, place, etc.) of your claim. This section must be
completed. Attach additional pages if needed.
The Plaintiff seeks the diminished value (or loss of actual cash value) after the repairs were completed on the
Plaintiffs vehicle as a result of the incident on Oct. 4, 2020 where the Defendant was the at-fault Operator of
the vehicle which caused the damage to the Plaintiffs vehicle.
Revised 0 l /05/2021 Page 1 ofl2
./ Attached is a copy of any written document(s) that is/are the basis of this claim.
WHEREFORE, the Plaintiffl(s) demand judgment in the principal sum off ZQJO
Plus costs, if known, (summons, service) in the amount of$ 533
Plus interest in the amount of$
TQTAL $ 7,565
Plaintiff Address:
3403 W. Palmira Ave. _ 9G9'4fPIaif&9f($)
Tampa, 'FL 33629 404' N. Gleason
'rant name of Plaintif'f(s)
Telephone Number Title (if applicable)
Email Addresses: gngleason@gmail.com
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was sworn to or affirmed and signed before me this
$20 day of
WE 84> a\. by éqleasm who iypérsonally known to me or who has produced
I entnfication and who dill I did not [ ] take an oath.
CINDY STUART
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As Clerk of the Court I ; I ` -.
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As Deplxty Clerk lalisa iImn50»'§u" "3"f§ Notary Public
Typed or Printed Name
Revised 01/05/2021 Page 2 ofl2
Diminished Value of Tampa Bay,
Jacksonville and Orlando
12127 Basalt Drive South
Jacksonville, Fl. 32246
Cell' 727-433-0719
November 18, 2020
Gregory Gleason
3403 West Palmira Avenue
Tampa, Fl. 33629
USAA elziim #1 019968788000000009002
Re: Diminished value opinion on a 2017 Chevrolet Colorado Z71 Crew Cab 4
door shun bed.
VIN #2 1 GCGSDEN2H1 320429
Dear Mr. Gleason,
In response to your inquiry for a diminished value opinion on your 2017
Chevrolet Colorado Z71 Crew Cab 4 door short bed, the following information
can be considered true and accurate.
Diminished value (do) is quite simply, the loss of actual cash value (acv)
after the repairs are completed on a vehicle involved in a collision or incident
resulting in damage requiring a police report.
In this do report you will see the acv of the vehicle at the time of your
incident and how the repairs affect the loss of actual cash value. You'll also see
the repair to value ratio and the potential buyers for the vehicle.
The value to repair ratio is determined by the Manheim Wholesale Black
Book and the final repair supplement plus any additional supplements that
include the itemized labor and parts costs incurred in repairing this vehicle.
In this case the October l, 2020 Florida edition of the Manheim Wholesale
Black Book for auction vehicles was used as a specific reference source. This is
a twice monthly edition, and specific to the Florida wholesale auction market.
This is a court recognized reference source for actual cash value.
In this particular case, according to the wholesale value guide, and because
of the mileage stated at 49,474, the acv would be considered clean wholesale
value condition, $26,950.
There were no previous repairs or damage noted.
In the 15+ years that I have been writing diminished value, I have always
written in wholesale format. This is the .correct way to determine actual cash
value.
In August 201 I, Hillsborough Circuit Judge Matthew Lucas, determined the
wholesale auction value to be correct for the determination of fair market value
to calculate diminished value. This case law was Lusk vs. McClendon and Gray,
Division M, case # 2009-80048. The judgment was in favor of Omni Insurance.
The reasoning of Judge Lucas's opinion was upheld in Pinellas Small Claims
Court, St. Petersburg, Fl. October 21, 201 1, Mewhinney vs Kittle, case #: 11-
001627-SC, (State Farm) Circuit Judge Edwin Jigger. November 10th 201 1 ,
Keller vs. Peters (Allstate Insurance), case #: 11-004161-SC, claim #:
0173931049. It's been upheld many times, most recently on August l, 2014 in
Lake County, Fl. by County Judge Terry T. Neal, case #z 2014-SC-000623,
Krebs vs Maude Fielding and Han'y R. Noble (GEICO Insurance), and again on
August 14, 2014 in Pinellas County Court, Judge Edwin Jigger, case # 13-
00801 8 CO-40, Mewhinney vs Bacon (Allstate Insurance), and again in Pasco
County on November 7, 2014, case #z 20 l 4SC00 l 843SCAXES, Romaine vs
Shepeluk (State Farm), Pasco County Judge Candy Morris Vander car.
The most reeentjudgments were in Manatee Co, March 4, 2016 case #1
2926 SC12, Pedrow vs King, County Judge Robert Tarrance, and in Pinellas
County, August 26, 2016, case #: 52-201 6-SC-001283, Fasan vs Longo (State
Farm), Judge Kathleen Hessinger.
On September 16, 2016, Hillsborough County Judge William P. Levens
denied Allstate Insurance Company the Limine/Daubert motion, case #2 15-CA-
01 1 144.
On May 22, 2017, Seminole County Judge Fredric Schott again denied
Allstate Insurance Company the Limine/Daubert motion, case #c 2016-SC-
003962-19.
On October 10, 2018, Pinellas County Judge Edwin Jigger, case #52-201 8-
SC-002024, Taylor vs Sheldon (State Farm).
On May 13, 2019, case #z 18-6791-CO, Frame vs Tips worth (Allstate),
Pinellas County Judge Lorraine Kelly.
I qualify under the Daubers - Frye Statute for expert testimony.
Pursuant to Daubers Rule 90.702
DVTB is also listed in the Florida Trial Lawyers Directory for expert
testimony.
Wholesale auction values are strictly what the vehicle will sell for with no
profits, incentives or dealer fees added. Mileage is the only add-on or deduction.
There is no mileage consideration with this vehicle.
According to the repair supplement supplied by Dimmitt Chevrolet
Collision Center, the totals in parts and labor amount to $l3,716.67, there were
no additional supplements.
Because of the ability of all persons involved in the automobile industry to
access consumer reporting agencies, it is an obligation for damage repair to be
acknowledged at the time of sale. This is a mandatory disclosure at every used
car auction in the United States.
All vehicles disclosed to have structural or unibody stability damage or air
bag deployment, sell at or below average to rough condition value.
However, the loss of actual cash value in this instance is attributed to a front
impact resulting in loss of actual cash value from unibody/structural repair as
outlined in the following line items:
Line items #6 thru #70 indicate a severe impact to the front and sub-frame
structure resulting in the replacement of the entire doghouse assembly and
major components including all sheet metal from the cowl forward, cooling
systems, air conditioning and heating systems.
Line item #29 indicates the replacement of the radiator support assembly
and the structural rail assemblies.
The radiator support is the structural foundation providing the front sub-
frame with sway support, the attachment foundation for the upper and lower
sub-frame rails, the additional structural support for the leer and right apron
assemblies, the suspension support including the knuckle assemblies which
connect the entire front suspension.
The radiator support is extremely load bearing and vital to front unibody and
suspension stability;
This radiator support is noted as a structural support in this repair
supplement.
Line items #71 and #76 indicate the replacement of the front left and right
lower sub-frame rails due to the radiator support impact.
These are robotically engineered frame rails and sectioning is a major
unibody platform compromise.
Both these rails are noted as structural in the repair supplement.
Line item #73 indicates the replacement of the right Wheelhouse panel.
The wheelhouse panel is the high strength steel inner panel to protect the
frame rails, however, replacement to the panel along with the frame rails is a
serious structural replacement. .
This replacement is noted as structural in the repair supplement.
Line items #130 and#l3l indicate the set-up and hydro-frame pull to square
using pull points for multi-angle.
Hydro-formed frames are core molded for weight reduction and are
weakened by any pull to square.
All of the above line items are an indication of a severe structural
compromise and structural impact force.
Since the unibody is engineered to absorb and dissipate the impact energy
throughout the entire unibody, the drive train can be affected.
The likely issues associated with this type of impact force may not be
evident for weeks or months, or longer, until the drive train may develop
vibrations and fluid leaks.
This is especially relevant where a transaxle is affected.
This is almost never a concern with the insurance carrier, when it can be a
very real issue as this vehicle ages.
The above line item repairs are indicators of unibody stability repair, and
may eventually cause ongoing alignment issues, and mechanical issues as the
vehicle ages, primarily due to structural repair to the major load bearing
structural assembly.
It is a fact that anytime a unibody and sub-frame assembly are pulled to
square, or structurally welded, the unibody is compromised to a position that
ensuing metal fatigue will result in mechanical issues and alignmentissues.
A unibody is engineered to absorb the impact energy through a series of
impact zones, and dissipate that energy throughout the entire unibody.
However, a compromised unibody will never be repaired as new.
If this 2017 Chevrolet Colorado Z71 Crew Cab were taken in trade, it would
likely be sent to the Manheim Dealer Auction, and sold under the damage
disclosure provision.
The likely purchasers would be overseas brokers.
The structural disclosure and published repair history would .be the major
obstacle, especially for domestic resale.
Diminished value occurs at the time of collision. The cost of repairs, or
subsequent repair quality have no effect on diminished value.
It should be noted that because of structural compromise this 201 7
Chevrolet Colorado Z7l Crew Cab cannot be resold as certified, and will forfeit
any remaining limited warranty.
It should be stressed that there is no equation, formula, such as Georgia loc,
USAA Georgia Worksheet or computer generated programs for the correct
determination of diminished value.
The actual cash value prior to the collision was $26,950. The actual cash
value after repairs would be equal to average condition value, $24,675, minus
20% or $19,740 due to major structural compromise, and a structurally negative
published repair history.
This vehicle without question will have ongoing alignment issues.
This should be considered conservative.
I have determined the loss of acv to be $7210.
I can and will gladly defend this opinion in any forum.
Sincerely,
John C. Hackett
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U'u'e¢I Services Autcmcmlf: Assozmncn
YOUR nm.INUTION IN
USAA' VALUE CLAIM
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GREGORY GI EASON
$403 w PALM!RA AVE
TAMPA FL 33629-7014
Review Decision on Your Diminution in Value Claim
December 4. 2020
Dear Gregory Gleason.
We completed our evaluauon ol your diminution in value clam. we've mauled a p.lymem m me nmounl ol $908.37
lor the clan below
USAA policyholder: Michael v Dan
Claim number: 019966788--009
Date ol loss: Ocluber 4. 2020
Loss location: Tampa_ Florida
lnhrsrcnl Dimmulron in Value is the perceive rlrllerence In value rrnmcrlratnly hrrfcrn .r -.'rIIIIf.lr: has been rkvnagcrl and
lhu value ol Ihr: vehicle alter proper repairs have been rnadu. USM rev:eri:s Ihr- iullnwrng luuofs when considering
Dolenlral dirninulron in value lo your vehkle.
'Damage Severity: We reviewed the estimate ol repair ion your vehicle. In Sure cases. -1 vehicle with minor
damage sulkers lisle to no diminished due. As me severely o! darraqe increases. the associated uercenlron
ol diminished value uses.
I Mileage: Loss history will have a stronger impact on a vehicle with lower miles versus a vehicle with higher
miieagn.
a Prior Damage: A vehicle wim nricr loss history will have already sustained a pnrcewnd loss in value. Any priul
damage or repair ls considered when evalualrng drrnrnishcd value.
Title Status: If the vehicle has a salvage or branded lisle. there would he no hmhc-1 dnninished value.
we strive to provide mnsislenl world doss service to all consumers. Il vw have any adrlrlrogml rlscumenlalmn you
want us lo consider, please forward Il ro us lor review.
How to Contact Us
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Llarrrr/relererrce number above on each page.
@ Email: Send an email or al tachmems 'o yam CI-um me al
3wvl\4Izx9hbl\F; claims una ten D'\ nm sem: private
U!9=a§.3f8HDM 04554 - 089 437 - 1-0 H6580 C620
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miormalion via leis channel.
Address: USAA Clalm§ Department
P.O. Box 33490
San Anlonlo. TX 78265
*em Fax.1 I.800~53I-8669
Phone: 1-210-5318722 x7-/1509.
Sincerely,
Julia Alvarez
Northeast Region
United Services Aulomobiie Association
Ql1J943U71313 009
D M 0/ 1664 1137 ZOË
\26580-0520
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