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IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
CHARLOTTE COUNTY, FLORIDA
CASE NO:
GREGORY TE E,
Plaintiff,
vs.
CINDY HORNBUCKLE and THE
STANDARD FIRE INSURANCE
COMPANY, a Florida Profit
Corporation,
Defendants.
/
COMPLAINT
Plaintiff, GREGORY , sues Defendants, CINDY HORNBUCKLE and THE
STANDARD FIRE INSURANCE COMPANY a Florida Profit Corporation, and alleges:
COMMON ALLEGATIONS:
This is an action for damages that exceeds Fifty Thousand One Dollar and no cents
50,001.00), exclusive of interest, costs, and attorneys' fees.
Plaintiff, GREGORY , is a natural person residing in Flathead County,
Montana.
Defendant, CINDY HORNBUCKLE, is a natural person residing in Charlotte County
Florida.
Defendant, THE STANDARD FIRE INSURANCE COMPANY, a Florida Profit
Corporation, is a Flordia Profit corporation licenesed to do business in the state of Florida and
was doing business in Charlotte County, Florida on December 18, 2022.
COUNT I NEGLIGENCE CLAIM AGAINST CINDY HORNBUCKLE
Plaintiff adopts and realleges all of the allegations contained in paragraphs 1 through 4 as if
fully set out herein and states as follows:
On December 18, 2022, Defendant, CINDY HORNBUCKLE, was operating a motor
vehicle westbound on East Marion Avenue, near the intersection of Tamiami Trail, in Charlotte
County, Florida.
On December 18, 2022, Plaintiff, GREGORY , was operating a motor vehicle
northbound on Tamiami Trail, approaching the intersection of East Marion Avenue, in Charlotte
County, Florida.
On December 18, 2022, Defendant, CINDY HORNBUCKLE, negligently operated or
maintained the motor vehicle she was operating causing a collision to occur with the motor vehicle
operated by Plaintiff, GREGORY .
As a direct and proximate result of the negligence of Defendant, CINDY
HORNBUCKLE, Plaintiff suffered bodily injury including a permanent injury to the body as a
whole, pain and suffering of both a physical and mental nature, disability, physical impairment,
disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life,
aggravation of an existing condition, expense of hospitalization, medical and nursing care and
treatment, medical expenses, loss of earnings, loss of ability to earn money, and loss of ability to
lead and enjoy a normal life. The losses are either permanent or continuing and Plaintiff will suffer
the losses in the
COUNT II UNDERINSURED MOTORIST INSURANCE CLAIM AGAINST
THE STANDARD FIREINSURANCE COMPANY
Plaintiff adopts and realleges all of the allegations contained in paragraphs 1 through 8 as if
fully set out herein and states as follows:
9. On December 18, 2022 Defendant, CINDY HORNBUCKLE, was an underinsured
motorist because she carried bodily injury liability insurance coverage with limits less than Plaintiff's
total damages as a result of the collision.
10 Prior to December 18, 2022, Defendant, THE STANDARD FIRE INSURANCE
COMPANY a Florida Profit Corporation, issued a policy of insurance, number 0CFR18-
611481782-203-1, which was in full force and effect on the date of the collision.
11. At the time of the collision, Plaintiff was an insured under the above-mentioned policy.
12 The damages sustained by Plaintiff as a result of the subject motor vehicle collision are in
excess of the bodily injury liability insurance limits of Defendant, CINDY HORNBUCKLE.
13. Plaintiff is entitled to uninsured motorist insurance coverage benefits as a result of the
December 18, 2022 collision.
14. Defendant, THE STANDARD FIRE INSURANCE COMPANY a Florida Profit
Corporation, has in its custody and control a copy of the insurance policy and, therefore, it is not
attached to the Complaint.
15. Plaintiff has furnished Defendant, THE STANDARD FIRE INSURANCE
COMPANY a Florida Profit Corporation, timely notice of the automobile accident and proof
of the claim for damages described above and has otherwise performed all conditions precedent to
entitle recovery under the uninsured/underinsured portion of the policy but Defendant, THE
STANDARD FIRE INSURANCE COMPANY, a Florida Profit Corporation, has refused to
pay Plaintiff for the full value of the claim.
WHEREFORE, Plaintiff, GREGORY , demands judgment against Defendants,
CINDY HORNBUCKLE and THE STANDARD FIRE INSURANCE COMPANY a Florida
Profit Corporation, in excess of Fifty Thousand One Dollar and no cents ($50,001.00), plus
interest, costs, and other such relief as this Court deems just. PLAINTIFF ALSO DEMANDS A
JURY TRIAL ON ALL ISSUES SO TRIABLE
RESPECTFULLY submitted this 18 day of March, 2023.
/s/ Angela C. Agostino, Esq.
ANGELA C. AGOSTINO, Esq.
Florida Bar No.: 91290
Morgan & Morgan, P.A.
12800 University Drive, Suite 600
Fort Myers, FL 33907
Telephone: (239) 243-0427
Facsimile: (239) 210-5362
Primary Email:aagostino@forthepeople.com
Counsel for Plaintiff
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IN THE CIRCUIT COURT FOR THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CASE NO: GREGORY TE E, Plaintiff, vs. CINDY HORNBUCKLE and THE STANDARD FIRE INSURANCE COMPANY, a Florida Profit Corporation, Defendants. / COMPLAINT Plaintiff, GREGORY , sues Defendants, CINDY HORNBUCKLE and THE STANDARD FIRE INSURANCE COMPANY a Florida Profit Corporation, and alleges: COMMON ALLEGATIONS: This is an action for damages that exceeds Fifty Thousand One Dollar and no cents 50,001.00), exclusive of interest, costs, and attorneys' fees. Plaintiff, GREGORY , is a natural person residing in Flathead County, Montana. Defendant, CINDY HORNBUCKLE, is a natural person residing in Charlotte County Florida. Defendant, THE STANDARD FIRE INSURANCE COMPANY, a Florida Profit Corporation, is a Flordia Profit corporation licenesed to do business in the state of Florida and was doing business in Charlotte County, Florida on December 18, 2022. COUNT I NEGLIGENCE CLAIM AGAINST CINDY HORNBUCKLE Plaintiff adopts and realleges all of the allegations contained in paragraphs 1 through 4 as if fully set out herein and states as follows: On December 18, 2022, Defendant, CINDY HORNBUCKLE, was operating a motor vehicle westbound on East Marion Avenue, near the intersection of Tamiami Trail, in Charlotte County, Florida. On December 18, 2022, Plaintiff, GREGORY , was operating a motor vehicle northbound on Tamiami Trail, approaching the intersection of East Marion Avenue, in Charlotte County, Florida. On December 18, 2022, Defendant, CINDY HORNBUCKLE, negligently operated or maintained the motor vehicle she was operating causing a collision to occur with the motor vehicle operated by Plaintiff, GREGORY . As a direct and proximate result of the negligence of Defendant, CINDY HORNBUCKLE, Plaintiff suffered bodily injury including a permanent injury to the body as a whole, pain and suffering of both a physical and mental nature, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, aggravation of an existing condition, expense of hospitalization, medical and nursing care and treatment, medical expenses, loss of earnings, loss of ability to earn money, and loss of ability to lead and enjoy a normal life. The losses are either permanent or continuing and Plaintiff will suffer the losses in the COUNT II UNDERINSURED MOTORIST INSURANCE CLAIM AGAINST THE STANDARD FIREINSURANCE COMPANY Plaintiff adopts and realleges all of the allegations contained in paragraphs 1 through 8 as if fully set out herein and states as follows: 9. On December 18, 2022 Defendant, CINDY HORNBUCKLE, was an underinsured motorist because she carried bodily injury liability insurance coverage with limits less than Plaintiff's total damages as a result of the collision. 10 Prior to December 18, 2022, Defendant, THE STANDARD FIRE INSURANCE COMPANY a Florida Profit Corporation, issued a policy of insurance, number 0CFR18- 611481782-203-1, which was in full force and effect on the date of the collision. 11. At the time of the collision, Plaintiff was an insured under the above-mentioned policy. 12 The damages sustained by Plaintiff as a result of the subject motor vehicle collision are in excess of the bodily injury liability insurance limits of Defendant, CINDY HORNBUCKLE. 13. Plaintiff is entitled to uninsured motorist insurance coverage benefits as a result of the December 18, 2022 collision. 14. Defendant, THE STANDARD FIRE INSURANCE COMPANY a Florida Profit Corporation, has in its custody and control a copy of the insurance policy and, therefore, it is not attached to the Complaint. 15. Plaintiff has furnished Defendant, THE STANDARD FIRE INSURANCE COMPANY a Florida Profit Corporation, timely notice of the automobile accident and proof of the claim for damages described above and has otherwise performed all conditions precedent to entitle recovery under the uninsured/underinsured portion of the policy but Defendant, THE STANDARD FIRE INSURANCE COMPANY, a Florida Profit Corporation, has refused to pay Plaintiff for the full value of the claim. WHEREFORE, Plaintiff, GREGORY , demands judgment against Defendants, CINDY HORNBUCKLE and THE STANDARD FIRE INSURANCE COMPANY a Florida Profit Corporation, in excess of Fifty Thousand One Dollar and no cents ($50,001.00), plus interest, costs, and other such relief as this Court deems just. PLAINTIFF ALSO DEMANDS A JURY TRIAL ON ALL ISSUES SO TRIABLE RESPECTFULLY submitted this 18 day of March, 2023. /s/ Angela C. Agostino, Esq. ANGELA C. AGOSTINO, Esq. Florida Bar No.: 91290 Morgan & Morgan, P.A. 12800 University Drive, Suite 600 Fort Myers, FL 33907 Telephone: (239) 243-0427 Facsimile: (239) 210-5362 Primary Email:aagostino@forthepeople.com Counsel for Plaintiff