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DOCKET No. FST-CV23-6060943-S : SUPERIOR COURT
PILAR ROCIO CONDOR-ESCALANTE : J.D. OF STAMFORD
v. : AT STAMFORD
FEBY RUBILIA ROSALES-LUIS et al : MAY 22, 2023
MOTION TO CITE IN
The Plaintiff, pursuant to Sections 9-18 and 9-22 of the Connecticut Practice Book and
Sec. 52-107 of the C.G.S., moves to cite in ALLSTATE FIRE AND CASUALTY INSURANCE
COMPANY as a Defendant in the above-captioned matter. In support of this motion, the
Plaintiff states that it has recently come to the Plaintiff’s attention that this underinsured motorist
policy applies, and ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY is the
proper entity in that the claim should be brought against.
The Amended Complaint is attached hereto as “EXHIBIT A.”
WHEREFORE, the Plaintiff prays this Court to Grant this Request to Amend the
Complaint.
THE PLAINTIFF,
/s/ 429477
Michael E. Skiber, Esq.
Law Offices of Michael E. Skiber
152 East Avenue
Norwalk, CT 06851
Email: attys@skiberlaw.com
Tel: (203) 615-0090
Fax: (866) 418-8045
Juris No. 429588
CERTIFICATION
I certify that a copy of this document was or will immediately be mailed or delivered
electronically or non-electronically on May 22, 2023, to all attorneys and self-represented parties
of record [and to all parties who have not appeared in this matter] and that written consent of
electronic delivery was received from all attorneys and self-represented parties of record who
received or will immediately be receiving electronic delivery:
GOLDSTEIN & PECK PC (023640)
1087 BROAD STREET
BRIDGEPORT, CT 06604 /s/ 429477
Michael E. Skiber, Esq.
Commissioner of the Superior Court
EXHIBIT A
DOCKET No. FST-CV23-6060943-S : SUPERIOR COURT
PILAR ROCIO CONDOR-ESCALANTE : J.D. OF STAMFORD
v. : AT STAMFORD
FEBY RUBILIA ROSALES-LUIS et al : MAY 22, 2023
COMPLAINT
1. At all times mentioned herein, the Plaintiff, PILAR ROCIO CONDOR-ESCALANTE,
was and still is a resident of Stamford within the State of Connecticut.
2. At all times mentioned herein, the Defendant, FEBY RUBILIA ROSALES-LUIS, was
and still is a resident of Stamford within the State of Connecticut.
3. At all times mentioned herein, the Defendant, ALLSTATE FIRE AND CASUALTY
INSURANCE COMPANY was a corporation engaged in the business of writing automobile
liability insurance policies.
COUNT ONE: NEGLIGENCE AGAINST DEFENDANT FEBY RUBILIA ROSALES-
LUIS
1. On May 11, 2022, at approximately 4:35pm, the Plaintiff, PILAR ROCIO CONDOR-
ESCALANTE was the operator of a motor vehicle traveling south on Hundley Court in
Stamford, Connecticut.
2. At the same time and place, Defendant, FEBY RUBILIA ROSALES-LUIS was the
operator of a motor vehicle traveling east on Hundley Court in Stamford, Connecticut.
3. At the same time and place, suddenly and without warning, Defendant, FEBY RUBILIA
ROSALES-LUIS crossed into the path of oncoming traffic and forced a collision with the
plaintiff’s vehicle (the “Collision”).
4. The collision and the resulting injuries to the Plaintiff were caused by the Defendant,
FEBY RUBILIA ROSALES-LUIS, and her careless and/or negligent operation of her vehicle in
that she:
(a) Failed to maintain the proper lane of travel in violation of C.G.S. §14-236;
(b) Failed to turn the motor vehicle to the left or to the right so as to avoid the collision,
although in the exercise of due care, could and should have done so;
(c) Failed to keep a motor vehicle under proper and reasonable control;
(d) Failed to keep a proper and reasonable lookout for other vehicles;
(e) Failed to apply the brakes in time to avoid the collision, although in the exercise of
due care, could and should have done so;
(f) Failed to turn the vehicle in such a manner so as to avoid such a collision even though
he could have or should have done so; and
(g) Failed to sound the horn, flash the headlights or give any warning of the impending
approach.
5. As a result of the Defendant’s carelessness and/ or negligence, the Plaintiff, PILAR
ROCIO CONDOR-ESCALANTE suffered the injuries or exacerbations as set forth below, some
of which injuries or exacerbations, or the effects thereof, being permanent in nature:
(a) Headaches;
(b) Loss of cervical lordotic curve;
(c) Radiculopathy, cervical region;
(d) Cervical spine sprain/strain;
(e) Segmental and somatic dysfunction of cervical region;
(f) Radiculopathy, thoracic region;
(g) Thoracic spine sprain/strain;
(h) Segmental and somatic dysfunction of thoracic region;
(i) Radiculopathy, lumbar region;
(j) Segmental and somatic dysfunction of lumbar region;
(k) Bilateral knee injury;
(l) Bilateral foot injury;
(m) Plantar fasciitis;
(n) Muscle spasms;
(o) Physical pain;
(p) Severe shock to the nervous system; and
(q) Loss of enjoyment of life's activities.
6. As a result of the Collision described above, Plaintiff, PILAR ROCIO CONDOR-
ESCALANTE has experienced, and will continue to experience in the future, pain and suffering
and an increased likelihood of future medical treatment and/or disorders, and fear and
apprehension of such future medical treatment and/or disorders.
7. As a further result of these injuries, Plaintiff, PILAR ROCIO CONDOR-ESCALANTE
has incurred, and may continue to incur, medical expenses.
8. As a further result of these injuries, the ability of Plaintiff, PILAR ROCIO CONDOR-
ESCALANTE to pursue and enjoy life's leisure activities has been reduced.
9. As a further result of these injuries, the Plaintiff, PILAR ROCIO CONDOR-
ESCALANTE has and may continue to suffer lost wages.
COUNT TWO: UNDERINSURED MOTORIST AGAINST ALLSTATE FIRE AND
CASUALTY INSURANCE COMPANY
1. On May 11, 2022, at approximately 4:35pm, the Plaintiff, PILAR ROCIO CONDOR-
ESCALANTE was the operator of a motor vehicle traveling south on Hundley Court in
Stamford, Connecticut.
2. At the same time and place, Defendant, FEBY RUBILIA ROSALES-LUIS was the
operator of a motor vehicle traveling east on Hundley Court in Stamford, Connecticut.
3. At the same time and place, suddenly and without warning, Defendant, FEBY RUBILIA
ROSALES-LUIS crossed into the path of oncoming traffic and forced a collision with the
plaintiff’s vehicle (the “Collision”).
4. The collision and the resulting injuries to the Plaintiff were caused by the Defendant,
FEBY RUBILIA ROSALES-LUIS, and her careless and/or negligent operation of her vehicle in
that she:
(a) Failed to maintain the proper lane of travel in violation of C.G.S. §14-236;
(b) Failed to turn the motor vehicle to the left or to the right so as to avoid the collision,
although in the exercise of due care, could and should have done so;
(c) Failed to keep a motor vehicle under proper and reasonable control;
(d) Failed to keep a proper and reasonable lookout for other vehicles;
(e) Failed to apply the brakes in time to avoid the collision, although in the exercise of
due care, could and should have done so;
(f) Failed to turn the vehicle in such a manner so as to avoid such a collision even though
he could have or should have done so; and
(g) Failed to sound the horn, flash the headlights or give any warning of the impending
approach.
5. As a result of the Defendant’s carelessness and/ or negligence, the Plaintiff, PILAR
ROCIO CONDOR-ESCALANTE suffered the injuries or exacerbations as set forth below, some
of which injuries or exacerbations, or the effects thereof, being permanent in nature:
(a) Headaches;
(b) Loss of cervical lordotic curve;
(c) Radiculopathy, cervical region;
(d) Cervical spine sprain/strain;
(e) Segmental and somatic dysfunction of cervical region;
(f) Radiculopathy, thoracic region;
(g) Thoracic spine sprain/strain;
(h) Segmental and somatic dysfunction of thoracic region;
(i) Radiculopathy, lumbar region;
(j) Segmental and somatic dysfunction of lumbar region;
(k) Bilateral knee injury;
(l) Bilateral foot injury;
(m) Plantar fasciitis;
(n) Muscle spasms;
(o) Physical pain;
(p) Severe shock to the nervous system; and
(q) Loss of enjoyment of life's activities.
6. As a result of the Collision described above, Plaintiff, PILAR ROCIO CONDOR-
ESCALANTE has experienced, and will continue to experience in the future, pain and suffering
and an increased likelihood of future medical treatment and/or disorders, and fear and
apprehension of such future medical treatment and/or disorders.
7. As a further result of these injuries, Plaintiff, PILAR ROCIO CONDOR-ESCALANTE
has incurred, and may continue to incur, medical expenses.
8. As a further result of these injuries, the ability of Plaintiff, PILAR ROCIO CONDOR-
ESCALANTE to pursue and enjoy life's leisure activities has been reduced.
9. As a further result of these injuries, the Plaintiff, PILAR ROCIO CONDOR-
ESCALANTE has and may continue to suffer lost wages.
10 At the time of the collision, FEBY RUBILIA ROSALES-LUIS was insured for $25,000
per person and $50,000 per occurrence, which is inadequate to fully compensate the Plaintiff,
PILAR ROCIO CONDOR-ESCALANTE for their injuries and losses.
11. On or about May 11, 2022 and for sometime prior thereto ALLSTATE FIRE AND
CASUALTY INSURANCE COMPANY held a contract for automobile insurance with PILAR
ROCIO CONDOR-ESCALANTE under the provisions of an insurance policy designated as
Policy 942196675 which policy included coverage for uninsured and underinsured motorists
coverage.
12. Said ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY policy
maintained uninsured/underinsured motorist coverage of $100,000 per person and $300,000 per
occurrence.
13. At all times mentioned herein, the Plaintiff, PILAR ROCIO CONDOR-ESCALANTE,
was a covered insured under said ALLSTATE FIRE AND CASUALTY INSURANCE
COMPANY automobile policy, which was in full force and effect.
14. In the uninsured/underinsured motorist endorsement to the policy issued to PILAR
ROCIO CONDOR-ESCALANTE, the Defendant, ALLSTATE FIRE AND CASUALTY
INSURANCE COMPANY, agreed to pay such sums which an insured under the policy is legally
entitled to recover as damages from the owner or operator of an uninsured motor vehicle as a
result of bodily injury sustained by an insured in an accident.
15. Said injuries sustained by the Plaintiff, PILAR ROCIO CONDOR-ESCALANTE, are,
therefore, the legal responsibility of the defendant, ALLSTATE FIRE AND CASUALTY
INSURANCE COMPANY, pursuant to the terms of said contracts of insurance with PILAR
ROCIO CONDOR-ESCALANTE.
WHEREFORE, the Plaintiff claims money damages and such other and further relief as the
court deems appropriate. This matter is within the jurisdiction of this court.
THE PLAINTIFF,
By:
Michael E. Skiber, Esq.
Law Office of Michael E. Skiber
152 East Ave.
Norwalk, CT 06851
Email: attys@skiberlaw.com
Tel: (203) 615-0090
Fax: (866) 418-8045
Juris No. 429588
DOCKET No. FST-CV23-6060943-S : SUPERIOR COURT
PILAR ROCIO CONDOR-ESCALANTE : J.D. OF STAMFORD
v. : AT STAMFORD
FEBY RUBILIA ROSALES-LUIS et al : MAY 22, 2023
STATEMENT OF AMOUNT IN DEMAND
Plaintiff claims damages in excess of Fifteen Thousand Dollars ($15,000.00) exclusive of
interest and costs, and additional money damages as are reasonable and proper. This matter is
within the jurisdiction of this court.
THE PLAINTIFF,
By:
Michael E. Skiber, Esq.
Law Office of Michael E. Skiber
152 East Ave.
Norwalk, CT 06851
Email: attys@skiberlaw.com
Tel: (203) 615-0090
Fax: (866) 418-8045
Juris No. 429588
Preview
DOCKET No. FST-CV23-6060943-S : SUPERIOR COURT PILAR ROCIO CONDOR-ESCALANTE : J.D. OF STAMFORD v. : AT STAMFORD FEBY RUBILIA ROSALES-LUIS et al : MAY 22, 2023 MOTION TO CITE IN The Plaintiff, pursuant to Sections 9-18 and 9-22 of the Connecticut Practice Book and Sec. 52-107 of the C.G.S., moves to cite in ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY as a Defendant in the above-captioned matter. In support of this motion, the Plaintiff states that it has recently come to the Plaintiff’s attention that this underinsured motorist policy applies, and ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY is the proper entity in that the claim should be brought against. The Amended Complaint is attached hereto as “EXHIBIT A.” WHEREFORE, the Plaintiff prays this Court to Grant this Request to Amend the Complaint. THE PLAINTIFF, /s/ 429477 Michael E. Skiber, Esq. Law Offices of Michael E. Skiber 152 East Avenue Norwalk, CT 06851 Email: attys@skiberlaw.com Tel: (203) 615-0090 Fax: (866) 418-8045 Juris No. 429588 CERTIFICATION I certify that a copy of this document was or will immediately be mailed or delivered electronically or non-electronically on May 22, 2023, to all attorneys and self-represented parties of record [and to all parties who have not appeared in this matter] and that written consent of electronic delivery was received from all attorneys and self-represented parties of record who received or will immediately be receiving electronic delivery: GOLDSTEIN & PECK PC (023640) 1087 BROAD STREET BRIDGEPORT, CT 06604 /s/ 429477 Michael E. Skiber, Esq. Commissioner of the Superior Court EXHIBIT A DOCKET No. FST-CV23-6060943-S : SUPERIOR COURT PILAR ROCIO CONDOR-ESCALANTE : J.D. OF STAMFORD v. : AT STAMFORD FEBY RUBILIA ROSALES-LUIS et al : MAY 22, 2023 COMPLAINT 1. At all times mentioned herein, the Plaintiff, PILAR ROCIO CONDOR-ESCALANTE, was and still is a resident of Stamford within the State of Connecticut. 2. At all times mentioned herein, the Defendant, FEBY RUBILIA ROSALES-LUIS, was and still is a resident of Stamford within the State of Connecticut. 3. At all times mentioned herein, the Defendant, ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY was a corporation engaged in the business of writing automobile liability insurance policies. COUNT ONE: NEGLIGENCE AGAINST DEFENDANT FEBY RUBILIA ROSALES- LUIS 1. On May 11, 2022, at approximately 4:35pm, the Plaintiff, PILAR ROCIO CONDOR- ESCALANTE was the operator of a motor vehicle traveling south on Hundley Court in Stamford, Connecticut. 2. At the same time and place, Defendant, FEBY RUBILIA ROSALES-LUIS was the operator of a motor vehicle traveling east on Hundley Court in Stamford, Connecticut. 3. At the same time and place, suddenly and without warning, Defendant, FEBY RUBILIA ROSALES-LUIS crossed into the path of oncoming traffic and forced a collision with the plaintiff’s vehicle (the “Collision”). 4. The collision and the resulting injuries to the Plaintiff were caused by the Defendant, FEBY RUBILIA ROSALES-LUIS, and her careless and/or negligent operation of her vehicle in that she: (a) Failed to maintain the proper lane of travel in violation of C.G.S. §14-236; (b) Failed to turn the motor vehicle to the left or to the right so as to avoid the collision, although in the exercise of due care, could and should have done so; (c) Failed to keep a motor vehicle under proper and reasonable control; (d) Failed to keep a proper and reasonable lookout for other vehicles; (e) Failed to apply the brakes in time to avoid the collision, although in the exercise of due care, could and should have done so; (f) Failed to turn the vehicle in such a manner so as to avoid such a collision even though he could have or should have done so; and (g) Failed to sound the horn, flash the headlights or give any warning of the impending approach. 5. As a result of the Defendant’s carelessness and/ or negligence, the Plaintiff, PILAR ROCIO CONDOR-ESCALANTE suffered the injuries or exacerbations as set forth below, some of which injuries or exacerbations, or the effects thereof, being permanent in nature: (a) Headaches; (b) Loss of cervical lordotic curve; (c) Radiculopathy, cervical region; (d) Cervical spine sprain/strain; (e) Segmental and somatic dysfunction of cervical region; (f) Radiculopathy, thoracic region; (g) Thoracic spine sprain/strain; (h) Segmental and somatic dysfunction of thoracic region; (i) Radiculopathy, lumbar region; (j) Segmental and somatic dysfunction of lumbar region; (k) Bilateral knee injury; (l) Bilateral foot injury; (m) Plantar fasciitis; (n) Muscle spasms; (o) Physical pain; (p) Severe shock to the nervous system; and (q) Loss of enjoyment of life's activities. 6. As a result of the Collision described above, Plaintiff, PILAR ROCIO CONDOR- ESCALANTE has experienced, and will continue to experience in the future, pain and suffering and an increased likelihood of future medical treatment and/or disorders, and fear and apprehension of such future medical treatment and/or disorders. 7. As a further result of these injuries, Plaintiff, PILAR ROCIO CONDOR-ESCALANTE has incurred, and may continue to incur, medical expenses. 8. As a further result of these injuries, the ability of Plaintiff, PILAR ROCIO CONDOR- ESCALANTE to pursue and enjoy life's leisure activities has been reduced. 9. As a further result of these injuries, the Plaintiff, PILAR ROCIO CONDOR- ESCALANTE has and may continue to suffer lost wages. COUNT TWO: UNDERINSURED MOTORIST AGAINST ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY 1. On May 11, 2022, at approximately 4:35pm, the Plaintiff, PILAR ROCIO CONDOR- ESCALANTE was the operator of a motor vehicle traveling south on Hundley Court in Stamford, Connecticut. 2. At the same time and place, Defendant, FEBY RUBILIA ROSALES-LUIS was the operator of a motor vehicle traveling east on Hundley Court in Stamford, Connecticut. 3. At the same time and place, suddenly and without warning, Defendant, FEBY RUBILIA ROSALES-LUIS crossed into the path of oncoming traffic and forced a collision with the plaintiff’s vehicle (the “Collision”). 4. The collision and the resulting injuries to the Plaintiff were caused by the Defendant, FEBY RUBILIA ROSALES-LUIS, and her careless and/or negligent operation of her vehicle in that she: (a) Failed to maintain the proper lane of travel in violation of C.G.S. §14-236; (b) Failed to turn the motor vehicle to the left or to the right so as to avoid the collision, although in the exercise of due care, could and should have done so; (c) Failed to keep a motor vehicle under proper and reasonable control; (d) Failed to keep a proper and reasonable lookout for other vehicles; (e) Failed to apply the brakes in time to avoid the collision, although in the exercise of due care, could and should have done so; (f) Failed to turn the vehicle in such a manner so as to avoid such a collision even though he could have or should have done so; and (g) Failed to sound the horn, flash the headlights or give any warning of the impending approach. 5. As a result of the Defendant’s carelessness and/ or negligence, the Plaintiff, PILAR ROCIO CONDOR-ESCALANTE suffered the injuries or exacerbations as set forth below, some of which injuries or exacerbations, or the effects thereof, being permanent in nature: (a) Headaches; (b) Loss of cervical lordotic curve; (c) Radiculopathy, cervical region; (d) Cervical spine sprain/strain; (e) Segmental and somatic dysfunction of cervical region; (f) Radiculopathy, thoracic region; (g) Thoracic spine sprain/strain; (h) Segmental and somatic dysfunction of thoracic region; (i) Radiculopathy, lumbar region; (j) Segmental and somatic dysfunction of lumbar region; (k) Bilateral knee injury; (l) Bilateral foot injury; (m) Plantar fasciitis; (n) Muscle spasms; (o) Physical pain; (p) Severe shock to the nervous system; and (q) Loss of enjoyment of life's activities. 6. As a result of the Collision described above, Plaintiff, PILAR ROCIO CONDOR- ESCALANTE has experienced, and will continue to experience in the future, pain and suffering and an increased likelihood of future medical treatment and/or disorders, and fear and apprehension of such future medical treatment and/or disorders. 7. As a further result of these injuries, Plaintiff, PILAR ROCIO CONDOR-ESCALANTE has incurred, and may continue to incur, medical expenses. 8. As a further result of these injuries, the ability of Plaintiff, PILAR ROCIO CONDOR- ESCALANTE to pursue and enjoy life's leisure activities has been reduced. 9. As a further result of these injuries, the Plaintiff, PILAR ROCIO CONDOR- ESCALANTE has and may continue to suffer lost wages. 10 At the time of the collision, FEBY RUBILIA ROSALES-LUIS was insured for $25,000 per person and $50,000 per occurrence, which is inadequate to fully compensate the Plaintiff, PILAR ROCIO CONDOR-ESCALANTE for their injuries and losses. 11. On or about May 11, 2022 and for sometime prior thereto ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY held a contract for automobile insurance with PILAR ROCIO CONDOR-ESCALANTE under the provisions of an insurance policy designated as Policy 942196675 which policy included coverage for uninsured and underinsured motorists coverage. 12. Said ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY policy maintained uninsured/underinsured motorist coverage of $100,000 per person and $300,000 per occurrence. 13. At all times mentioned herein, the Plaintiff, PILAR ROCIO CONDOR-ESCALANTE, was a covered insured under said ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY automobile policy, which was in full force and effect. 14. In the uninsured/underinsured motorist endorsement to the policy issued to PILAR ROCIO CONDOR-ESCALANTE, the Defendant, ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, agreed to pay such sums which an insured under the policy is legally entitled to recover as damages from the owner or operator of an uninsured motor vehicle as a result of bodily injury sustained by an insured in an accident. 15. Said injuries sustained by the Plaintiff, PILAR ROCIO CONDOR-ESCALANTE, are, therefore, the legal responsibility of the defendant, ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, pursuant to the terms of said contracts of insurance with PILAR ROCIO CONDOR-ESCALANTE. WHEREFORE, the Plaintiff claims money damages and such other and further relief as the court deems appropriate. This matter is within the jurisdiction of this court. THE PLAINTIFF, By: Michael E. Skiber, Esq. Law Office of Michael E. Skiber 152 East Ave. Norwalk, CT 06851 Email: attys@skiberlaw.com Tel: (203) 615-0090 Fax: (866) 418-8045 Juris No. 429588 DOCKET No. FST-CV23-6060943-S : SUPERIOR COURT PILAR ROCIO CONDOR-ESCALANTE : J.D. OF STAMFORD v. : AT STAMFORD FEBY RUBILIA ROSALES-LUIS et al : MAY 22, 2023 STATEMENT OF AMOUNT IN DEMAND Plaintiff claims damages in excess of Fifteen Thousand Dollars ($15,000.00) exclusive of interest and costs, and additional money damages as are reasonable and proper. This matter is within the jurisdiction of this court. THE PLAINTIFF, By: Michael E. Skiber, Esq. Law Office of Michael E. Skiber 152 East Ave. Norwalk, CT 06851 Email: attys@skiberlaw.com Tel: (203) 615-0090 Fax: (866) 418-8045 Juris No. 429588