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AMARO LAW, LLC
Attorney ID: 031541997
6121 Kennedy Boulevard
North Bergen, New Jersey 07047
Tel: 201-706-7667
Fax: 201-706-7668
Email: office@amarolaw.com
Attorney for Plaintiff(s)
Pedro Nilo and Victor Nilo
PEDRO NILO AND VICTOR NILO SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: HUDSON COUNTY
DOCKET NO.: L
Plaintiff,
Civil Action
COMPLAINT WITH DISCOVERY
vs. AND JURY DEMANDS
JULIO L. NORIEGA,
TOWNSHIP OF NORTH BERGEN,
JOHN DOES (1-10), fictitious names,
JOHN ROES (1-10) fictitious names,
ALLSTATE INSURANCE COMPANY,
STATE FARM INSURANCE COMPANY,
A/K/A STATE FARM GUARANTY
INSURANCE, XYZ CORPS. (1-10),
fictitious names,
Defendants.
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Plaintiffs, PEDRO NILO (hereinafter “PEDRO”) and VICTOR NILO, (hereinafter
"VICTOR")(PEDRO and VICTOR shall be referred to collectively as “PLAINTIFFS” and
individually as a “PLAINTIFF”), say as follows:
FIRST COUNT
1. On or about June 2, 2020, at approximately 10:25 a.m., plaintiff, PEDRO NILO,
was the driver of a motor vehicle owned by VICTOR NILO who was the passenger in the motor
vehicle travelling on Tonnelle Avenue at the intersection with 69th Street and Granton Avenue
in North Bergen, County of Hudson, New Jersey, when the subject vehicle was struck in the
passenger side with such force that it was flipped onto its side.
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2. At the time and place aforesaid, JULIO L. NORIEGA and/or JOHN DOES (1-
10), fictitious names, so carelessly, recklessly, and negligently operated and/or maintained their
motor vehicle such that they suddenly and without warning crashed into PLAINTIFFS” vehicle.
As a proximate result of the negligent acts of the defendants, JULIO L. NORIEGA, and/or
JOHN DOES (1-10), fictitious names, PLAINTIFFS were caused to sustain serious and
permanent bodily injuries, have suffered and will suffer great pain, shock and mental anguish,
was and still is incapacitated and will permanently be disabled, has been and in the future will
be obliged to expend and incur large sums of money for medical services, care, medication and
treatment, and were and are unable to attend to their usual duties and employment.
WHEREFORE, plaintiffs, Pedro Nilo and Victor Nilo, demand judgment against
defendants, JULIO L. NORIEGA, JOHN DOES (1-10), fictitious names, jointly and severally
for damages plus interest and costs of suit and for such other and further relief as the court
deems just and equitable.
SECOND COUNT
1. PLAINTIFFS repeat and reallege all the allegations of the preceding
paragraphs of the Complaint as if set forth herein at length.
2. On or about June 2, 2020, the TOWNSHIP OF NORTH BERGEN and/or XYZ
CORPS. (1-10), fictitious names, owned, leased, maintained and/or rented the subject vehicle
operated by JULIO L. NORIEGA, and/or JOHN DOES (1-10), fictitious names.
3. At the time and place aforementioned, defendants, TOWNSHIP OF NORTH
BERGEN. and/or XYZ CORP. (1-10), fictitious names, were the owners, lessors, maintainers
and/or renters of the motor vehicle operated by defendants, JULIO L. NORIEGA and/or JOHN
DOES (1-10), fictitious names, who were driving said motor vehicle as the agents or employees,
for the benefit, with the knowledge of and within the scope of the agency, employment and
consent of the TOWNSHIP OF NORTH BERGEN, XYZ CORP. (1-10), fictitious names.
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4. As a direct and proximate result of the negligence, carelessness and recklessness
of defendants, JULIO L. NORIEGA and/or JOHN DOES (1-10), fictitious names, in the
operation and maintenance of the aforesaid motor vehicle while in the course of their
employment, in the service of and with the permitted entrustment of said vehicle by
defendant TOWNSHIP OF NORTH BERGEN, XYZ CORP. (1-10), fictitious names,
PLAINTIFFS were caused to sustain serious and permanent bodily injuries, have suffered
and will suffer great pain, shock and mental anguish, were and still are incapacitated and will
permanently be disabled, have been and in the future will be obliged to expend and incur
large sums of money for medical services, care, medication and treatment, and was and is
unable to attend to their usual duties and employment.
5. As a result of the acts of negligence and carelessness of defendants, JULIO L.
NOREIGA and/or JOHN DOES (1-10), fictitious names, as stated above, in the negligent
operation and/or maintenance of the subject vehicle while in the course of their employment
with and in the service of defendants and while entrusted with the operation of said vehicle
by defendants, TOWNSHIP OF NORTH BERGEN, XYZ CORPS. (1-10), fictitious names,
and/or JOHN DOES (1-10), fictitious names, said Defendants are liable to the PLAINTIFFS
for the negligent and careless acts of their agents, servants and/or employees, defendants,
JULIO L. NORIEGA and/or JOHN DOES (1-10), fictitious names, for the negligent
operation of their vehicle and thereby causing same to crash violently with the vehicle
occupied by PEDRO and VICTOR under the doctrines of Respondeat Superior and negligent
entrustment for all personal injuries and other damages sustained by Plaintiffs.
WHEREFORE, Plaintiffs, PEDRO NILO and VICTOR NILO, demand judgment
against Defendants, JULIO L. NORIEGA, the TOWNSHIP OF NORTH BERGEN, XYZ
CORPS. (1-10), fictitious names, and/or JOHN DOES (1-10), fictitious names, jointly and
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severally for damages plus interest and cost of suit, and for such further and other relief as the
court may deem just and equitable.
THIRD COUNT
1. PLAINTIFFS repeat and reallege all the allegations of the preceding
paragraphs of the Complaint as if set forth herein at length.
2. On or about June 2, 2020, at approximately 10:25 a.m., JOHN ROES (1-10),
fictitious names, so carelessly, recklessly, illegally and negligently operated and/or
maintained their motor vehicle such that they caused the TOWNSHIP OF NORTH BERGEN
POLICE DEPARTMENT, and Police Officer, JULIO L. NORIEGA, specifically, to pursue
JOHN ROES (1-10) fictitious names, and as a result causing JULIO L. NORIEGA to crash
violently, suddenly and without warning into PLAINTIFFS’ vehicle. As a proximate result of
the negligent acts of the defendants, JOHN ROES (1-10), fictitious names, PLAINTIFFS
were caused to sustain serious and permanent bodily injuries, have suffered and will suffer
great pain, shock and mental anguish, was and still is incapacitated and will permanently be
disabled, has been and in the future will be obliged to expend and incur large sums of money
for medical services, care, medication and treatment, and were and are unable to attend to
their usual duties and employment.
WHEREFORE, plaintiffs, PEDRO NILO and VICTOR NILO, demand judgment
against defendants, JOHN ROES (1-10), fictitious names, jointly and severally for damages
plus interest and costs of suit and for such other and further relief as the court deems just and
equitable.
FOURTH COUNT
1. PLAINTIFFS repeat and reallege all the allegations of the preceding paragraphs of
the Complaint as if set forth herein at length.
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2. On or about June 2, 2020, JOHN ROES (1-10), fictitious names, and XYZ
CORPS. (1-10), fictitious names, owned, leased, maintained and/or rented the subject vehicle
operated by JOHN ROES (1-10), fictitious names.
3. At the time and place aforementioned, defendants, JOHN ROES (1-10),
fictitious names, and XYZ CORP. (1-10), fictitious names, were the owners, lessors,
maintainers and/or renters of the motor vehicle operated by defendants, JOHN ROES (1-10),
fictitious names, who were driving said motor vehicle as the agents or employees, for the
benefit, with the knowledge of and within the scope of the agency, employment and consent of
JOHN ROES (1-10), fictitious names, and XYZ CORP. (1-10), fictitious names.
4. As a direct and proximate result of the negligence, carelessness and recklessness
of defendants, JOHN ROES (1-10), fictitious names, in the operation and maintenance of the
aforesaid motor vehicle while in the course of their employment, in the service of and with
the permitted entrustment of said vehicle by defendants, JOHN ROES (1-10), fictitious
names and/or XYZ CORP. (1-10), fictitious names, PLAINTIFFS were caused to sustain
serious and permanent bodily injuries, have suffered and will suffer great pain, shock and
mental anguish, were and still are incapacitated and will permanently be disabled, have been
and in the future will be obliged to expend and incur large sums of money for medical
services, care, medication and treatment, and was and is unable to attend to their usual duties
and employment.
5. As a result of the acts of negligence and carelessness of defendants, JOHN
ROES (1-10), fictitious names, as stated above, in the negligent operation and/or
maintenance of the subject vehicle while in the course of their employment with and in the
service of defendants and while entrusted with the operation of said vehicle by defendants,
XYZ CORPS. (1-10), fictitious names, and/or JOHN ROES (1-10), fictitious names, said
Defendants are liable to the PLAINTIFFS for the negligent and careless acts of their agents,
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servants and/or employees, defendants, JOHN ROES (1-10), fictitious names, for the
negligent operation of their vehicle and thereby causing same to crash violently with the
vehicle occupied by PEDRO and VICTOR under the doctrines of Respondeat Superior and
negligent entrustment for all personal injuries and other damages sustained by Plaintiffs.
WHEREFORE, Plaintiffs, PEDRO NILO and VICTOR NILO, demand judgment
against Defendants, XYZ CORPS. (1-10), fictitious names, and/or JOHN ROES (1-10),
fictitious names, jointly and severally for damages plus interest and cost of suit, and for such
further and other relief as the court may deem just and equitable.
FIFTH COUNT
1. Plaintiffs, PEDRO NILO and VICTOR NILO, repeat and reallege all the
allegations of the preceding paragraphs of the Complaint as if set forth herein at length.
2. The fictitiously named JOHN DOES (1-10), fictitious names, and JOHN ROES
(1-10), fictitious names, are impleaded herein to represent any other party not actually named
in this Complaint who is also responsible for the causation of the injuries sustained herein.
WHEREFORE, plaintiffs, PEDRO NILO and VICTOR NILO, demand judgment
against all the defendants jointly and severally for damages plus interest and cost of suit, and
for such further and other relief as the court may deem just and equitable.
SIXTH COUNT
1. Plaintiffs, PEDRO NILO and VICTOR NILO repeat and reallege all the
allegations of the preceding paragraphs of the Complaint as if set forth herein at length.
2. The fictitiously named defendants, XYZ CORPS. (1-10), fictitious names, are
impleaded herein to represent any other corporation/entity not actually named in this
Complaint who is/are also responsible for the causation of the injuries sustained herein.
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WHEREFORE, plaintiffs, PEDRO NILO and VICTOR NILO demand judgment
against all the defendants jointly and severally for damages plus interest and cost of suit and
for such other and further relief as the Court may deem just and equitable.
SEVENTH COUNT
1. Plaintiffs repeat, reiterate and re-allegs each allegation set forth in the proceeding
paragraphs of this Complaint as if set forth at length herein.
2. At the time of the aforementioned accident, Plaintiff, PEDRO NILO, was
covered under automobile insurance policies issued by ALLSTATE INSURANCE
COMPANY, STATE FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY
INSURANCE and/or XYZ CORP. I-X, (said names being fictitious and presently unknown).
3. At the time and place aforesaid, Plaintiff, PEDRO NILO, was covered by
automobile insurance policies issued by ALLSTATE INSURANCE COMPANY, STATE
FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE
and/or XYZ CORP. (1-10), fictitious names, which provided Plaintiff with Personal Injury
Protection (“PIP”) benefits.
4. Plaintiff, PEDRO NILO, sustained injuries which required extensive
medical treatment and has incurred extensive medical bills.
5. Defendants, ALLSTATE INSURANCE COMPANY, STATE FARM
INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ
CORP., (1-10) fictitious names, have refused to pay all or some medical bills pursuant to
the terms of the PIP coverage component of Plaintiff’s automobile insurance policy.
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3. WHEREFORE, Plaintiff, PEDRO NILO, demands judgment against Defendants,
ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE COMPANY, a/k/a
STATE FARM GUARANTY INSURANCE and/or XYZ CORP. I-X, (said names being
fictitious and presently unknown), directing the insurance company to pay all of the
outstanding medical bills and any future bills that might be incurred together with costs,
disbursements of suit and lawful interest and for such other and further relief as the Court
deems just and equitable.
EIGHT COUNT
1. Plaintiffs repeat, reiterate and re-allege each allegation set forth in the
proceeding paragraphs of this Complaint as if set forth at length herein.
2. At the time of the aforementioned accident, plaintiff, PEDRO NILO, was
insured by defendant, ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE
COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. I-X, (said
names being fictitious and presently unknown).
3. Defendants ALLSTATE INSURANCE COMPANY, STATE FARM
INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ
CORP. I-X, (said names being fictitious and presently unknown), are PLAINTIFFS UM/UIM
carrier.
4. Defendant, ALLSTATE INSURANCE COMPANY, STATE FARM
INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ
CORP. (1-10), fictitious names, has refused and continues to refuse to honor the claim of the
Plaintiff herein for uninsured/underinsured motorist and other benefits and has refused to
engage in good faith efforts to resolve Plaintiff's claim.
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5. WHEREFORE, the Plaintiff, PEDRO NILO, demands judgment against
Defendants, ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE
COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. (1-10),
fictitious names, for damages, interest, attorney’s fees, costs of suit and for such further relief
as the court deems equitable and just.
NINTH COUNT
1. Plaintiff, VICTOR NILO, repeats, reiterates and re-alleges each allegation set
forth in the proceeding paragraphs of this Complaint as if set forth at length herein.
4. At the time of the aforementioned accident, Plaintiff, VICTOR NILO, was
covered under an automobile insurance policy issued by ALLSTATE INSURANCE
COMPANY, STATE FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY
INSURANCE and/or XYZ CORP. (1-10), fictitious names.
6. At the time of the aforementioned accident, plaintiff, VICTOR NILO,
was a passenger in the vehicle operated by PEDRO NILO.
7. At the time and place aforesaid, Plaintiff, VICTOR NILO, was covered by
automobile insurance policies issued by ALLSTATE INSURANCE COMPANY, STATE
FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or
XYZ CORP. (1-10), fictitious names, which provided Plaintiff with Personal Injury
Protection (“PIP”) benefits as a passenger in the vehicle owned and operated by PEDRO
NILO.
8. Plaintiff, VICTOR NILO, sustained injuries which required extensive
medical treatment and has incurred extensive medical bills.
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9. Defendants, ALLSTATE INSURANCE COMPANY, STATE FARM
INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ
CORP. (1-10), fictitious names, have refused to pay all or some medical bills pursuant to
the terms of the PIP coverage component of Plaintiff’s automobile insurance policy.
a. WHEREFORE, Plaintiff, VICTOR NILO, demands judgment against
Defendants, ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE
COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. (1-10),
fictitious names, directing the insurance company to pay all of the outstanding medical bills
and any future bills that might be incurred together with costs, disbursements of suit and
lawful interest and for such other and further relief as the Court deems just and equitable.
TENTH COUNT
1. Plaintiffs repeat, reiterate and re-allege each allegation set forth in the
proceeding paragraphs of this Complaint as if set forth at length herein.
2. At the time of the aforementioned accident, plaintiff, VICTOR NILO, was
insured by defendant, ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE
COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. (1-10),
fictitious names.
3. Defendants A ALLSTATE INSURANCE COMPANY, STATE FARM
INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ
CORP. (1-10), fictitious names, are Plaintiff's UM/UIM carrier.
4. Defendants, ALLSTATE INSURANCE COMPANY, STATE FARM
INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ
CORP. (1-10), fictitious names, have refused and continue to refuse to honor the claim of the
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Plaintiff herein for uninsured/underinsured motorist and other benefits and has refused to
engage in good faith efforts to resolve Plaintiff's claim.
a. WHEREFORE, the Plaintiff, VICTOR NILO, demands judgment
against Defendant, ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE
COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. (1-10),
fictitious names, for damages, interest, attorney’s fees, costs of suit and for such further relief
as the court deems equitable and just.
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RULE 4:5-1 CERTIFICATION
Pursuant to Rule 4:5-1 it is hereby stated that the matter in controversy is not now the
subject of any other action pending in any other Court, or of a pending arbitration proceeding,
to the best of our knowledge and belief.
Further, other than the parties set forth in this pleading, at the present time, we know of
no other parties that should be joined in the within action. I hereby further certify that all
personal identifiers have been redacted from the pleading.
I hereby certify that the above statements made by me are true. I am aware that if any
of the above statements made by me are willfully false, I am subject to punishment by law.
AMARO LAW, LLC
Attorney for Plaintiffs
Dated: May 23, 2022
By: ______________________________
Luis J. Amaro, Jr.
JURY DEMAND
Plaintiff demands a trial by a jury on all Counts of the Complaint.
DESIGNATION OF TRIAL ATTORNEY
In accordance with R. 4:24-4, Luis J. Amaro, Jr., Esq. is hereby designated as trial
counsel for the plaintiff(s) in the above matter.
AMARO LAW, LLC
Attorney for Plaintiffs
Dated: May 23, 2022
By: ______________________________
Luis J. Amaro, Jr.
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ANSWERS TO FORM AND SUPPLEMENTAL INTERROGATORIES
Pursuant to Rule 4:17-1(b)(ii), the plaintiff hereby demands that, in lieu of service of
interrogatories, each defendant represented by your office provide answers to the uniform
interrogatories set forth in Form C of Appendix II and where applicable, Form C(1)
(automobile accident cases), Form C(2) (falldown cases) or Form C(3) (medical malpractice
cases). Pursuant to Rule 4:17-4(b), each defendant shall serve answers upon the plaintiff
within 60 days from the date that this Demand was served.
Pursuant to Rule 4:17-1(b)(1), the plaintiff hereby demands that each defendant
provide answers to the following supplemental questions:
S1: Was any written report of the accident or any circumstances relating to the
accident made by the defendant or to the defendant or any servant, agent or employee of the
defendant and if so, set forth the substance of the report and attach a copy hereto.
S2. Did the police or any governmental authority make a report of the accident
and, if so, set forth the substance of the report and attach a copy hereto.
S3. Does the defendant have possession of any photographs, motion pictures,
videotapes or surveillance reports of the plaintiff and, if so, identify the contents of each and
attach a copy hereto.
S4. Does the defendant or anyone in the defendants behalf have knowledge of any
other personal injury claims or lawsuits made by the plaintiff, either prior to or subsequent to
the date of the accident and, if so, set forth the nature of each and attach a copy of all written
documents relating thereto that are in the possession of the defendant.
S5. Does the defendant or anyone in the defendants behalf have knowledge of any
other injuries, illnesses or medical conditions sustained by the plaintiff, either prior to or
subsequent to the date of this accident and, if so, set forth the nature of each and attach a copy
of all medical records or other written documents relating thereto that are in the possession of
the defendant.
S6. Does the defendant or anyone in the defendants behalf have possession of any
medical records, reports, radiographs or diagnostic tests of any nature concerning the injuries
sustained by the plaintiff in this accident and, if so, attach a copy of each document that is in
the possession of this defendant.
S7. Does the defendant contend that the plaintiff's injuries were caused by another
accident or some other physical condition, disease or injury and, if so, set forth the nature of
any attach a copy of all written documents relating thereto that are in the possession of the
defendant.
S8. If this case involves a motor vehicle accident, does the defendant contend that
the operator of the vehicle did not have permission to use the vehicle and, if so, set forth the
facts upon which the defendant bases this allegation. If this case involves an accident on
property, does the defendant contend that the plaintiff did not have permission to use the
property and, if so, set forth the facts upon which the defendant bases this allegation.
S9. On the date of the accident, did the defendant reside with any
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person related by blood, marriage or adoption who was the named insured on a general
liability insurance policy, a motor vehicle liability policy or a personal catastrophe liability
umbrella and, if so, set forth the name and address of the insurer and attach a copy of each
policy.
S10 Was the subject vehicle operated by defendant regularly maintained including
regular brake inspections and repair or replacement. If so, attach hereto all maintenance
records related to the brakes of the subject vehicle.
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PLAINTIFF’S DEMAND FOR DISCOVERY
PLEASE TAKE NOTICE that you are required to provide the following materials
pursuant to the applicable provisions of Rule 4:10 and Rule 4:18 returnable at the offices of
AMARO LAW, LLC, 6121 Kennedy Boulevard, North Bergen, New Jersey, within thirty (30)
days of service of this notice, as per the enumerated subdivisions below:
(A) AS TO THE DEMAND FOR VIDEOS, SURVEILLANCE
MATERIALS, OUT-TAKES, PHOTOGRAPHS, ETC.:
a. All photographs, slides, videotapes, or audiotapes, transcripts, or memoranda
thereof, and/or motion pictures, surveillance photographs/motion pictures, out-takes, tape
recording, movies, visual, optical and/or audio and/or magnetic reproductions of
descriptions of each plaintiff purporting to depict the plaintiff, plaintiff’s activities,
actions, speech, etc.
b. All photographs of the scene of the underlying occurrence;
c. All photographs of the vehicles (if applicable) involved in the underlying
occurrence;
d. All photographs (if applicable) of the instrumentality (e.g., machinery, product,
etc.) involved in the underlying occurrence; and
e. The time records, records of amount of footage of film or videotape used; the
type of equipment used to take, develop, and convert such film or videotape; the make
and model of all equipment, lenses and range settings employed by defendant(s) and/or
defendant(‘s)(s’) photographers, investigators, and/or other used or associated in
conjunction with the surveillance, tape recordings, etc., of the injured plaintiff and all
memoranda pertaining thereto.
NOTE: (A) The discovery materials enumerated in items 1 through 5 of this
subdivision (A) require the production of all such materials (e.g., surveillance
photographs, motion pictures, videotapes, visual and/or audio reproductions, out-takes,
etc.), not merely the portions that defendant(s) will select to proffer into evidence at the
trial of this action.
NOTE: If the defendant(s) fail to disclose such surveillance materials (using the
words generically) prior to plaintiff’s deposition, then plaintiff shall:
(1) Move at the trial to exclude all such surveillance and its by-products;
and/or
(2) Move to exclude/suppress all of plaintiff’s deposition testimony relating
to the improperly suppressed/undisclosed pre-deposition surveillance
materials and its progeny; and/or
(3) Seek other appropriate and equitable relief at trial by reason of
defendant(‘s)(s’) non-compliance with this demand.
NOTE: (C) The “surveillance materials” referred
to above are to be produced at the undersigned’s office for inspection and copying within
twenty (20) days after the completion of your deposition of the plaintiff(s).
NOTE: (D) This constitutes a continuing demand.
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NOTE: (E) In the event that any such surveillance
materials come into your possession, custody or control, or into the possession, custody
or control of any party you represent in this action and/or any individual or entity acting
on behalf of any party after the date of this demand, such materials must be produced at
the office of the undersigned for inspection and copying forthwith and within a reasonable
time prior to the trial herein pursuant to this continuing demand/notice.
(B) AS TO THE DEMAND FOR “PARTY STATEMENTS”:
You are required to reproduce any and all statements in the possession, custody
or control of any party you represent in this action and/or on whose behalf such statements
were taken from the plaintiff(s) we represent, or from any agent, servant or employee f
such plaintiff, whether such statements were oral, written, or electronically recorded,
irrespective of whether or not such statements have been transcribed or reduced to written
or typed form.
(C) AS TO INSURANCE (BASIC, ESCESS, UMBRELLA, “CATASTROPHE”,
ETC.) INFORMATION:
Pursuant to Rule 4:10-2(b), plaintiff(s) demand(s) that the defendant(s) produce
the following:
(1) A complete, true, and accurate copy of the original policies of insurance
covering each and every primary, contributing, umbrella, catastrophe, and/or excess
insurance agreement under which any person or entity carrying on any insurance business
may be liable to satisfy part or all of a judgment that may be entered in this action against
any and/or all defendant(s), or to indemnify or reimburse for payments made to satisfy
the judgment;
(2) Each and every insurance agreement in which the insurer is obligated to
defend this action;
(3) Any applicable insurance agreements insuring the defendant(s) in this action;
(4) The policy limits of any and all such agreements, the full name and address
of each such insurer, and the policy number(s);
(5) If there are any other claims pending or paid against any such insurance
coverage, set forth:
a. The total amounts already paid from each policy; and
b. The number of claims made against each policy; and
c. The total ad damnums of any pending claims against each policy;
and
d. The net remaining insurance coverage available.
(6) If there are no other clams pending or paid,
an affirmative statement to that effect is required.
(7) If, after requisite investigation, no such reinsurance, excess liability,
“umbrella”, or “catastrophe” policies are found to exist, so sate in a
probative sworn reply to this demand.
(D) WITNESSES’ IDENTITIES:
Plaintiff(s) demand that defendant(s) produce the names and addresses of any and all of
the following persons:
(1) The individuals who witnessed the underlying occurrence;
(2) The individuals who were res gestae witnesses;
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(3) The individuals who received actual notice of the underlying conditions which
constituted a contributing factor to the underlying occurrence;
(4) The individuals who received constructive notice of the underlying conditions
which constituted a contributing factor to the underlying occurrence;
(5) Individuals who will testify as to any alleged admission(s) made by and/or
inferable and/or chargeable and/or imputed to plaintiff(s);
(6) The individuals who have firsthand knowledge pertaining to the injuries
and/or damages which are claimed herein;
(7) All individuals whom defendant(s) will call at trial to testify in connection
with and/or pertaining to the injured plaintiff’s physical condition, status, disabilities,
injuries, permanencies, pre-existing conditions, re-injuries and damages;
(8) The identities of all investigators and/or photographers who filmed, tape
recorded, etc., the injured plaintiff and/or were otherwise involved in the filming,
videotaping, tape recording, etc., of the injured plaintiff.
(E) AS TO THE DEMAND FOR EXPERT WITNESS DISCLOSURE:
A statement disclosing in reasonable detail the following:
(1) The identity of each expert (name and address) whom each defendant intends
to call at the trial of this action;
(2) The subject matter in reasonable detail upon which each expert is expected to
testify at the trial of this action;
(3) The substance of the facts and opinions upon which each expert is expected
to testify at the trial of this action;
(4) A summary of the grounds of each expert’s opinion;
(5) The complete qualifications of each expert witness whom defendant(s)
intend(s) to call at the trial of this action.
(F) DEMAND FOR DOCUMENTS REGARDING INSPECTION, MAINTENANCE
AND/OR REPAIR OF CONDITION
PLEASE TAKE FURTHER NOTICE, that the undersigned demands on behalf
of the plaintiff in this action, that you produce at the time and place specified, and permit
the undersigned to discover, inspect, and photocopy, each and every record of inspection,
maintenance, request for repair and repair at the area of the condition(s) complained of in
the complaint during the two (2) year period prior to and including the date of the
occurrence within including, but not limited to, written requests, authorizations, permits,
permit applications, work orders, out-forms, contracts, logs, log books, letters, charts,
maps, diagrams, and/or repair orders.
(G) DEMAND FOR VEHICLE MAINTENANCE AND REPAIR RECORDS
PLEASE TAKE NOTICE, that the undersigned demands on behalf of the plaintiff in
this action, that you produce at the time and place specified, and permit the undersigned to
discover, inspect, and photocopy each and every record of inspection, maintenance and repair
of the motor vehicle including, but not limited to inspection, maintenance and repair of brakes
and steering mechanisms of the vehicle involved in the occurrence for a period of one year
prior to the date of the occurrence.
(H) DEMAND FOR CONTRACTS
PLEASE TAKE NOTICE, that the undersigned demands
on behalf of plaintiff in this action, that you produce at the time and place specified, and
permit the undersigned to discover, inspect and copy each and every contract between
any of the parties to this action.
17
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(I) AS TO THE DEMAND FOR DEFENDANT(S) ADDRESSES
Defendant(s) are required to furnish a verified statement setting forth the post
office address and residence of each defendant/third-party defendant/fourth-party
defendant, etc.; if any named defendant/third party defendant/fourth-party defendant, etc.,
is not an individual, then such defendant, third-party defendant/fourth-party defendant,
etc., is required to furnish a verified statement of an officer of member of said entity who
may be served with process herein.
AS TO CONTINUING NATURE OF ALL OF THE DEMANDS SET FORTH
ABOVE AND PLAINTIFF(S)’ TRIAL POSTURE WITH RESPECT THERETO:
Notice is hereby given on behalf of the plaintiff(s) herein that each and every
demand set forth herein constitutes a continuing demand through the time of trial/retrial
of this action.
Notice is also hereby given that if there is a failure to comply with any of the aforesaid
demands, plaintiff(s) will exercise each and every right accorded to the plaintiff by the
applicable Rules and/or controlling case-law, which will include objection to testimony and/or
introduction into evidence, testimonial/evidentiary preclusion and/or resolution of fact issues
in favor of the plaintiff(s) and/or any other rights accorded to the plaintiff(s) under the
applicable law.
AMARO LAW, LLC
Attorney for Plaintiffs
Dated: May 23, 2022
By: ______________________________
Luis J. Amaro, Jr.
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Civil Case Information Statement
Case Details: HUDSON | Civil Part Docket# L-001679-22
Case Caption: NILO PEDRO VS NORIEGA JULIO Case Type: PERSONAL INJURY
Case Initiation Date: 05/23/2022 Document Type: Complaint with Jury Demand
Attorney Name: LUIS J AMARO JR Jury Demand: YES - 6 JURORS
Firm Name: LUIS J. AMARO JR. LLC Is this a professional malpractice case? NO
Address: 6121 KENNEDY BLVD Related cases pending: NO
NORTH BERGEN NJ 07047 If yes, list docket numbers:
Phone: 2017067667 Do you anticipate adding any parties (arising out of same
Name of Party: PLAINTIFF : NILO, PEDRO transaction or occurrence)? NO
Name of Defendant’s Primary Insurance Company Does this case involve claims related to COVID-19? NO
(if known): Unknown
Are sexual abuse claims alleged by: PEDRO NILO? NO
Are sexual abuse claims alleged by: VICTOR NILO? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? YES
If yes, for what language:
SPANISH,SPANISH
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
05/23/2022 /s/ LUIS J AMARO JR
Dated Signed
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Preview
HUD-L-001679-22 05/23/2022 1:29:57 PM Pg 1 of 18 Trans ID: LCV20221986629 AMARO LAW, LLC Attorney ID: 031541997 6121 Kennedy Boulevard North Bergen, New Jersey 07047 Tel: 201-706-7667 Fax: 201-706-7668 Email: office@amarolaw.com Attorney for Plaintiff(s) Pedro Nilo and Victor Nilo PEDRO NILO AND VICTOR NILO SUPERIOR COURT OF NEW JERSEY LAW DIVISION: HUDSON COUNTY DOCKET NO.: L Plaintiff, Civil Action COMPLAINT WITH DISCOVERY vs. AND JURY DEMANDS JULIO L. NORIEGA, TOWNSHIP OF NORTH BERGEN, JOHN DOES (1-10), fictitious names, JOHN ROES (1-10) fictitious names, ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE COMPANY, A/K/A STATE FARM GUARANTY INSURANCE, XYZ CORPS. (1-10), fictitious names, Defendants. ---------------------------------------------------- Plaintiffs, PEDRO NILO (hereinafter “PEDRO”) and VICTOR NILO, (hereinafter "VICTOR")(PEDRO and VICTOR shall be referred to collectively as “PLAINTIFFS” and individually as a “PLAINTIFF”), say as follows: FIRST COUNT 1. On or about June 2, 2020, at approximately 10:25 a.m., plaintiff, PEDRO NILO, was the driver of a motor vehicle owned by VICTOR NILO who was the passenger in the motor vehicle travelling on Tonnelle Avenue at the intersection with 69th Street and Granton Avenue in North Bergen, County of Hudson, New Jersey, when the subject vehicle was struck in the passenger side with such force that it was flipped onto its side. HUD-L-001679-22 05/23/2022 1:29:57 PM Pg 2 of 18 Trans ID: LCV20221986629 2. At the time and place aforesaid, JULIO L. NORIEGA and/or JOHN DOES (1- 10), fictitious names, so carelessly, recklessly, and negligently operated and/or maintained their motor vehicle such that they suddenly and without warning crashed into PLAINTIFFS” vehicle. As a proximate result of the negligent acts of the defendants, JULIO L. NORIEGA, and/or JOHN DOES (1-10), fictitious names, PLAINTIFFS were caused to sustain serious and permanent bodily injuries, have suffered and will suffer great pain, shock and mental anguish, was and still is incapacitated and will permanently be disabled, has been and in the future will be obliged to expend and incur large sums of money for medical services, care, medication and treatment, and were and are unable to attend to their usual duties and employment. WHEREFORE, plaintiffs, Pedro Nilo and Victor Nilo, demand judgment against defendants, JULIO L. NORIEGA, JOHN DOES (1-10), fictitious names, jointly and severally for damages plus interest and costs of suit and for such other and further relief as the court deems just and equitable. SECOND COUNT 1. PLAINTIFFS repeat and reallege all the allegations of the preceding paragraphs of the Complaint as if set forth herein at length. 2. On or about June 2, 2020, the TOWNSHIP OF NORTH BERGEN and/or XYZ CORPS. (1-10), fictitious names, owned, leased, maintained and/or rented the subject vehicle operated by JULIO L. NORIEGA, and/or JOHN DOES (1-10), fictitious names. 3. At the time and place aforementioned, defendants, TOWNSHIP OF NORTH BERGEN. and/or XYZ CORP. (1-10), fictitious names, were the owners, lessors, maintainers and/or renters of the motor vehicle operated by defendants, JULIO L. NORIEGA and/or JOHN DOES (1-10), fictitious names, who were driving said motor vehicle as the agents or employees, for the benefit, with the knowledge of and within the scope of the agency, employment and consent of the TOWNSHIP OF NORTH BERGEN, XYZ CORP. (1-10), fictitious names. 2 HUD-L-001679-22 05/23/2022 1:29:57 PM Pg 3 of 18 Trans ID: LCV20221986629 4. As a direct and proximate result of the negligence, carelessness and recklessness of defendants, JULIO L. NORIEGA and/or JOHN DOES (1-10), fictitious names, in the operation and maintenance of the aforesaid motor vehicle while in the course of their employment, in the service of and with the permitted entrustment of said vehicle by defendant TOWNSHIP OF NORTH BERGEN, XYZ CORP. (1-10), fictitious names, PLAINTIFFS were caused to sustain serious and permanent bodily injuries, have suffered and will suffer great pain, shock and mental anguish, were and still are incapacitated and will permanently be disabled, have been and in the future will be obliged to expend and incur large sums of money for medical services, care, medication and treatment, and was and is unable to attend to their usual duties and employment. 5. As a result of the acts of negligence and carelessness of defendants, JULIO L. NOREIGA and/or JOHN DOES (1-10), fictitious names, as stated above, in the negligent operation and/or maintenance of the subject vehicle while in the course of their employment with and in the service of defendants and while entrusted with the operation of said vehicle by defendants, TOWNSHIP OF NORTH BERGEN, XYZ CORPS. (1-10), fictitious names, and/or JOHN DOES (1-10), fictitious names, said Defendants are liable to the PLAINTIFFS for the negligent and careless acts of their agents, servants and/or employees, defendants, JULIO L. NORIEGA and/or JOHN DOES (1-10), fictitious names, for the negligent operation of their vehicle and thereby causing same to crash violently with the vehicle occupied by PEDRO and VICTOR under the doctrines of Respondeat Superior and negligent entrustment for all personal injuries and other damages sustained by Plaintiffs. WHEREFORE, Plaintiffs, PEDRO NILO and VICTOR NILO, demand judgment against Defendants, JULIO L. NORIEGA, the TOWNSHIP OF NORTH BERGEN, XYZ CORPS. (1-10), fictitious names, and/or JOHN DOES (1-10), fictitious names, jointly and 3 HUD-L-001679-22 05/23/2022 1:29:57 PM Pg 4 of 18 Trans ID: LCV20221986629 severally for damages plus interest and cost of suit, and for such further and other relief as the court may deem just and equitable. THIRD COUNT 1. PLAINTIFFS repeat and reallege all the allegations of the preceding paragraphs of the Complaint as if set forth herein at length. 2. On or about June 2, 2020, at approximately 10:25 a.m., JOHN ROES (1-10), fictitious names, so carelessly, recklessly, illegally and negligently operated and/or maintained their motor vehicle such that they caused the TOWNSHIP OF NORTH BERGEN POLICE DEPARTMENT, and Police Officer, JULIO L. NORIEGA, specifically, to pursue JOHN ROES (1-10) fictitious names, and as a result causing JULIO L. NORIEGA to crash violently, suddenly and without warning into PLAINTIFFS’ vehicle. As a proximate result of the negligent acts of the defendants, JOHN ROES (1-10), fictitious names, PLAINTIFFS were caused to sustain serious and permanent bodily injuries, have suffered and will suffer great pain, shock and mental anguish, was and still is incapacitated and will permanently be disabled, has been and in the future will be obliged to expend and incur large sums of money for medical services, care, medication and treatment, and were and are unable to attend to their usual duties and employment. WHEREFORE, plaintiffs, PEDRO NILO and VICTOR NILO, demand judgment against defendants, JOHN ROES (1-10), fictitious names, jointly and severally for damages plus interest and costs of suit and for such other and further relief as the court deems just and equitable. FOURTH COUNT 1. PLAINTIFFS repeat and reallege all the allegations of the preceding paragraphs of the Complaint as if set forth herein at length. 4 HUD-L-001679-22 05/23/2022 1:29:57 PM Pg 5 of 18 Trans ID: LCV20221986629 2. On or about June 2, 2020, JOHN ROES (1-10), fictitious names, and XYZ CORPS. (1-10), fictitious names, owned, leased, maintained and/or rented the subject vehicle operated by JOHN ROES (1-10), fictitious names. 3. At the time and place aforementioned, defendants, JOHN ROES (1-10), fictitious names, and XYZ CORP. (1-10), fictitious names, were the owners, lessors, maintainers and/or renters of the motor vehicle operated by defendants, JOHN ROES (1-10), fictitious names, who were driving said motor vehicle as the agents or employees, for the benefit, with the knowledge of and within the scope of the agency, employment and consent of JOHN ROES (1-10), fictitious names, and XYZ CORP. (1-10), fictitious names. 4. As a direct and proximate result of the negligence, carelessness and recklessness of defendants, JOHN ROES (1-10), fictitious names, in the operation and maintenance of the aforesaid motor vehicle while in the course of their employment, in the service of and with the permitted entrustment of said vehicle by defendants, JOHN ROES (1-10), fictitious names and/or XYZ CORP. (1-10), fictitious names, PLAINTIFFS were caused to sustain serious and permanent bodily injuries, have suffered and will suffer great pain, shock and mental anguish, were and still are incapacitated and will permanently be disabled, have been and in the future will be obliged to expend and incur large sums of money for medical services, care, medication and treatment, and was and is unable to attend to their usual duties and employment. 5. As a result of the acts of negligence and carelessness of defendants, JOHN ROES (1-10), fictitious names, as stated above, in the negligent operation and/or maintenance of the subject vehicle while in the course of their employment with and in the service of defendants and while entrusted with the operation of said vehicle by defendants, XYZ CORPS. (1-10), fictitious names, and/or JOHN ROES (1-10), fictitious names, said Defendants are liable to the PLAINTIFFS for the negligent and careless acts of their agents, 5 HUD-L-001679-22 05/23/2022 1:29:57 PM Pg 6 of 18 Trans ID: LCV20221986629 servants and/or employees, defendants, JOHN ROES (1-10), fictitious names, for the negligent operation of their vehicle and thereby causing same to crash violently with the vehicle occupied by PEDRO and VICTOR under the doctrines of Respondeat Superior and negligent entrustment for all personal injuries and other damages sustained by Plaintiffs. WHEREFORE, Plaintiffs, PEDRO NILO and VICTOR NILO, demand judgment against Defendants, XYZ CORPS. (1-10), fictitious names, and/or JOHN ROES (1-10), fictitious names, jointly and severally for damages plus interest and cost of suit, and for such further and other relief as the court may deem just and equitable. FIFTH COUNT 1. Plaintiffs, PEDRO NILO and VICTOR NILO, repeat and reallege all the allegations of the preceding paragraphs of the Complaint as if set forth herein at length. 2. The fictitiously named JOHN DOES (1-10), fictitious names, and JOHN ROES (1-10), fictitious names, are impleaded herein to represent any other party not actually named in this Complaint who is also responsible for the causation of the injuries sustained herein. WHEREFORE, plaintiffs, PEDRO NILO and VICTOR NILO, demand judgment against all the defendants jointly and severally for damages plus interest and cost of suit, and for such further and other relief as the court may deem just and equitable. SIXTH COUNT 1. Plaintiffs, PEDRO NILO and VICTOR NILO repeat and reallege all the allegations of the preceding paragraphs of the Complaint as if set forth herein at length. 2. The fictitiously named defendants, XYZ CORPS. (1-10), fictitious names, are impleaded herein to represent any other corporation/entity not actually named in this Complaint who is/are also responsible for the causation of the injuries sustained herein. 6 HUD-L-001679-22 05/23/2022 1:29:57 PM Pg 7 of 18 Trans ID: LCV20221986629 WHEREFORE, plaintiffs, PEDRO NILO and VICTOR NILO demand judgment against all the defendants jointly and severally for damages plus interest and cost of suit and for such other and further relief as the Court may deem just and equitable. SEVENTH COUNT 1. Plaintiffs repeat, reiterate and re-allegs each allegation set forth in the proceeding paragraphs of this Complaint as if set forth at length herein. 2. At the time of the aforementioned accident, Plaintiff, PEDRO NILO, was covered under automobile insurance policies issued by ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. I-X, (said names being fictitious and presently unknown). 3. At the time and place aforesaid, Plaintiff, PEDRO NILO, was covered by automobile insurance policies issued by ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. (1-10), fictitious names, which provided Plaintiff with Personal Injury Protection (“PIP”) benefits. 4. Plaintiff, PEDRO NILO, sustained injuries which required extensive medical treatment and has incurred extensive medical bills. 5. Defendants, ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP., (1-10) fictitious names, have refused to pay all or some medical bills pursuant to the terms of the PIP coverage component of Plaintiff’s automobile insurance policy. 7 HUD-L-001679-22 05/23/2022 1:29:57 PM Pg 8 of 18 Trans ID: LCV20221986629 3. WHEREFORE, Plaintiff, PEDRO NILO, demands judgment against Defendants, ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. I-X, (said names being fictitious and presently unknown), directing the insurance company to pay all of the outstanding medical bills and any future bills that might be incurred together with costs, disbursements of suit and lawful interest and for such other and further relief as the Court deems just and equitable. EIGHT COUNT 1. Plaintiffs repeat, reiterate and re-allege each allegation set forth in the proceeding paragraphs of this Complaint as if set forth at length herein. 2. At the time of the aforementioned accident, plaintiff, PEDRO NILO, was insured by defendant, ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. I-X, (said names being fictitious and presently unknown). 3. Defendants ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. I-X, (said names being fictitious and presently unknown), are PLAINTIFFS UM/UIM carrier. 4. Defendant, ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. (1-10), fictitious names, has refused and continues to refuse to honor the claim of the Plaintiff herein for uninsured/underinsured motorist and other benefits and has refused to engage in good faith efforts to resolve Plaintiff's claim. 8 HUD-L-001679-22 05/23/2022 1:29:57 PM Pg 9 of 18 Trans ID: LCV20221986629 5. WHEREFORE, the Plaintiff, PEDRO NILO, demands judgment against Defendants, ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. (1-10), fictitious names, for damages, interest, attorney’s fees, costs of suit and for such further relief as the court deems equitable and just. NINTH COUNT 1. Plaintiff, VICTOR NILO, repeats, reiterates and re-alleges each allegation set forth in the proceeding paragraphs of this Complaint as if set forth at length herein. 4. At the time of the aforementioned accident, Plaintiff, VICTOR NILO, was covered under an automobile insurance policy issued by ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. (1-10), fictitious names. 6. At the time of the aforementioned accident, plaintiff, VICTOR NILO, was a passenger in the vehicle operated by PEDRO NILO. 7. At the time and place aforesaid, Plaintiff, VICTOR NILO, was covered by automobile insurance policies issued by ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. (1-10), fictitious names, which provided Plaintiff with Personal Injury Protection (“PIP”) benefits as a passenger in the vehicle owned and operated by PEDRO NILO. 8. Plaintiff, VICTOR NILO, sustained injuries which required extensive medical treatment and has incurred extensive medical bills. 9 HUD-L-001679-22 05/23/2022 1:29:57 PM Pg 10 of 18 Trans ID: LCV20221986629 9. Defendants, ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. (1-10), fictitious names, have refused to pay all or some medical bills pursuant to the terms of the PIP coverage component of Plaintiff’s automobile insurance policy. a. WHEREFORE, Plaintiff, VICTOR NILO, demands judgment against Defendants, ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. (1-10), fictitious names, directing the insurance company to pay all of the outstanding medical bills and any future bills that might be incurred together with costs, disbursements of suit and lawful interest and for such other and further relief as the Court deems just and equitable. TENTH COUNT 1. Plaintiffs repeat, reiterate and re-allege each allegation set forth in the proceeding paragraphs of this Complaint as if set forth at length herein. 2. At the time of the aforementioned accident, plaintiff, VICTOR NILO, was insured by defendant, ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. (1-10), fictitious names. 3. Defendants A ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. (1-10), fictitious names, are Plaintiff's UM/UIM carrier. 4. Defendants, ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. (1-10), fictitious names, have refused and continue to refuse to honor the claim of the 10 HUD-L-001679-22 05/23/2022 1:29:57 PM Pg 11 of 18 Trans ID: LCV20221986629 Plaintiff herein for uninsured/underinsured motorist and other benefits and has refused to engage in good faith efforts to resolve Plaintiff's claim. a. WHEREFORE, the Plaintiff, VICTOR NILO, demands judgment against Defendant, ALLSTATE INSURANCE COMPANY, STATE FARM INSURANCE COMPANY, a/k/a STATE FARM GUARANTY INSURANCE and/or XYZ CORP. (1-10), fictitious names, for damages, interest, attorney’s fees, costs of suit and for such further relief as the court deems equitable and just. 11 HUD-L-001679-22 05/23/2022 1:29:57 PM Pg 12 of 18 Trans ID: LCV20221986629 RULE 4:5-1 CERTIFICATION Pursuant to Rule 4:5-1 it is hereby stated that the matter in controversy is not now the subject of any other action pending in any other Court, or of a pending arbitration proceeding, to the best of our knowledge and belief. Further, other than the parties set forth in this pleading, at the present time, we know of no other parties that should be joined in the within action. I hereby further certify that all personal identifiers have been redacted from the pleading. I hereby certify that the above statements made by me are true. I am aware that if any of the above statements made by me are willfully false, I am subject to punishment by law. AMARO LAW, LLC Attorney for Plaintiffs Dated: May 23, 2022 By: ______________________________ Luis J. Amaro, Jr. JURY DEMAND Plaintiff demands a trial by a jury on all Counts of the Complaint. DESIGNATION OF TRIAL ATTORNEY In accordance with R. 4:24-4, Luis J. Amaro, Jr., Esq. is hereby designated as trial counsel for the plaintiff(s) in the above matter. AMARO LAW, LLC Attorney for Plaintiffs Dated: May 23, 2022 By: ______________________________ Luis J. Amaro, Jr. 12 HUD-L-001679-22 05/23/2022 1:29:57 PM Pg 13 of 18 Trans ID: LCV20221986629 ANSWERS TO FORM AND SUPPLEMENTAL INTERROGATORIES Pursuant to Rule 4:17-1(b)(ii), the plaintiff hereby demands that, in lieu of service of interrogatories, each defendant represented by your office provide answers to the uniform interrogatories set forth in Form C of Appendix II and where applicable, Form C(1) (automobile accident cases), Form C(2) (falldown cases) or Form C(3) (medical malpractice cases). Pursuant to Rule 4:17-4(b), each defendant shall serve answers upon the plaintiff within 60 days from the date that this Demand was served. Pursuant to Rule 4:17-1(b)(1), the plaintiff hereby demands that each defendant provide answers to the following supplemental questions: S1: Was any written report of the accident or any circumstances relating to the accident made by the defendant or to the defendant or any servant, agent or employee of the defendant and if so, set forth the substance of the report and attach a copy hereto. S2. Did the police or any governmental authority make a report of the accident and, if so, set forth the substance of the report and attach a copy hereto. S3. Does the defendant have possession of any photographs, motion pictures, videotapes or surveillance reports of the plaintiff and, if so, identify the contents of each and attach a copy hereto. S4. Does the defendant or anyone in the defendants behalf have knowledge of any other personal injury claims or lawsuits made by the plaintiff, either prior to or subsequent to the date of the accident and, if so, set forth the nature of each and attach a copy of all written documents relating thereto that are in the possession of the defendant. S5. Does the defendant or anyone in the defendants behalf have knowledge of any other injuries, illnesses or medical conditions sustained by the plaintiff, either prior to or subsequent to the date of this accident and, if so, set forth the nature of each and attach a copy of all medical records or other written documents relating thereto that are in the possession of the defendant. S6. Does the defendant or anyone in the defendants behalf have possession of any medical records, reports, radiographs or diagnostic tests of any nature concerning the injuries sustained by the plaintiff in this accident and, if so, attach a copy of each document that is in the possession of this defendant. S7. Does the defendant contend that the plaintiff's injuries were caused by another accident or some other physical condition, disease or injury and, if so, set forth the nature of any attach a copy of all written documents relating thereto that are in the possession of the defendant. S8. If this case involves a motor vehicle accident, does the defendant contend that the operator of the vehicle did not have permission to use the vehicle and, if so, set forth the facts upon which the defendant bases this allegation. If this case involves an accident on property, does the defendant contend that the plaintiff did not have permission to use the property and, if so, set forth the facts upon which the defendant bases this allegation. S9. On the date of the accident, did the defendant reside with any 13 HUD-L-001679-22 05/23/2022 1:29:57 PM Pg 14 of 18 Trans ID: LCV20221986629 person related by blood, marriage or adoption who was the named insured on a general liability insurance policy, a motor vehicle liability policy or a personal catastrophe liability umbrella and, if so, set forth the name and address of the insurer and attach a copy of each policy. S10 Was the subject vehicle operated by defendant regularly maintained including regular brake inspections and repair or replacement. If so, attach hereto all maintenance records related to the brakes of the subject vehicle. 14 HUD-L-001679-22 05/23/2022 1:29:57 PM Pg 15 of 18 Trans ID: LCV20221986629 PLAINTIFF’S DEMAND FOR DISCOVERY PLEASE TAKE NOTICE that you are required to provide the following materials pursuant to the applicable provisions of Rule 4:10 and Rule 4:18 returnable at the offices of AMARO LAW, LLC, 6121 Kennedy Boulevard, North Bergen, New Jersey, within thirty (30) days of service of this notice, as per the enumerated subdivisions below: (A) AS TO THE DEMAND FOR VIDEOS, SURVEILLANCE MATERIALS, OUT-TAKES, PHOTOGRAPHS, ETC.: a. All photographs, slides, videotapes, or audiotapes, transcripts, or memoranda thereof, and/or motion pictures, surveillance photographs/motion pictures, out-takes, tape recording, movies, visual, optical and/or audio and/or magnetic reproductions of descriptions of each plaintiff purporting to depict the plaintiff, plaintiff’s activities, actions, speech, etc. b. All photographs of the scene of the underlying occurrence; c. All photographs of the vehicles (if applicable) involved in the underlying occurrence; d. All photographs (if applicable) of the instrumentality (e.g., machinery, product, etc.) involved in the underlying occurrence; and e. The time records, records of amount of footage of film or videotape used; the type of equipment used to take, develop, and convert such film or videotape; the make and model of all equipment, lenses and range settings employed by defendant(s) and/or defendant(‘s)(s’) photographers, investigators, and/or other used or associated in conjunction with the surveillance, tape recordings, etc., of the injured plaintiff and all memoranda pertaining thereto. NOTE: (A) The discovery materials enumerated in items 1 through 5 of this subdivision (A) require the production of all such materials (e.g., surveillance photographs, motion pictures, videotapes, visual and/or audio reproductions, out-takes, etc.), not merely the portions that defendant(s) will select to proffer into evidence at the trial of this action. NOTE: If the defendant(s) fail to disclose such surveillance materials (using the words generically) prior to plaintiff’s deposition, then plaintiff shall: (1) Move at the trial to exclude all such surveillance and its by-products; and/or (2) Move to exclude/suppress all of plaintiff’s deposition testimony relating to the improperly suppressed/undisclosed pre-deposition surveillance materials and its progeny; and/or (3) Seek other appropriate and equitable relief at trial by reason of defendant(‘s)(s’) non-compliance with this demand. NOTE: (C) The “surveillance materials” referred to above are to be produced at the undersigned’s office for inspection and copying within twenty (20) days after the completion of your deposition of the plaintiff(s). NOTE: (D) This constitutes a continuing demand. 15 HUD-L-001679-22 05/23/2022 1:29:57 PM Pg 16 of 18 Trans ID: LCV20221986629 NOTE: (E) In the event that any such surveillance materials come into your possession, custody or control, or into the possession, custody or control of any party you represent in this action and/or any individual or entity acting on behalf of any party after the date of this demand, such materials must be produced at the office of the undersigned for inspection and copying forthwith and within a reasonable time prior to the trial herein pursuant to this continuing demand/notice. (B) AS TO THE DEMAND FOR “PARTY STATEMENTS”: You are required to reproduce any and all statements in the possession, custody or control of any party you represent in this action and/or on whose behalf such statements were taken from the plaintiff(s) we represent, or from any agent, servant or employee f such plaintiff, whether such statements were oral, written, or electronically recorded, irrespective of whether or not such statements have been transcribed or reduced to written or typed form. (C) AS TO INSURANCE (BASIC, ESCESS, UMBRELLA, “CATASTROPHE”, ETC.) INFORMATION: Pursuant to Rule 4:10-2(b), plaintiff(s) demand(s) that the defendant(s) produce the following: (1) A complete, true, and accurate copy of the original policies of insurance covering each and every primary, contributing, umbrella, catastrophe, and/or excess insurance agreement under which any person or entity carrying on any insurance business may be liable to satisfy part or all of a judgment that may be entered in this action against any and/or all defendant(s), or to indemnify or reimburse for payments made to satisfy the judgment; (2) Each and every insurance agreement in which the insurer is obligated to defend this action; (3) Any applicable insurance agreements insuring the defendant(s) in this action; (4) The policy limits of any and all such agreements, the full name and address of each such insurer, and the policy number(s); (5) If there are any other claims pending or paid against any such insurance coverage, set forth: a. The total amounts already paid from each policy; and b. The number of claims made against each policy; and c. The total ad damnums of any pending claims against each policy; and d. The net remaining insurance coverage available. (6) If there are no other clams pending or paid, an affirmative statement to that effect is required. (7) If, after requisite investigation, no such reinsurance, excess liability, “umbrella”, or “catastrophe” policies are found to exist, so sate in a probative sworn reply to this demand. (D) WITNESSES’ IDENTITIES: Plaintiff(s) demand that defendant(s) produce the names and addresses of any and all of the following persons: (1) The individuals who witnessed the underlying occurrence; (2) The individuals who were res gestae witnesses; 16 HUD-L-001679-22 05/23/2022 1:29:57 PM Pg 17 of 18 Trans ID: LCV20221986629 (3) The individuals who received actual notice of the underlying conditions which constituted a contributing factor to the underlying occurrence; (4) The individuals who received constructive notice of the underlying conditions which constituted a contributing factor to the underlying occurrence; (5) Individuals who will testify as to any alleged admission(s) made by and/or inferable and/or chargeable and/or imputed to plaintiff(s); (6) The individuals who have firsthand knowledge pertaining to the injuries and/or damages which are claimed herein; (7) All individuals whom defendant(s) will call at trial to testify in connection with and/or pertaining to the injured plaintiff’s physical condition, status, disabilities, injuries, permanencies, pre-existing conditions, re-injuries and damages; (8) The identities of all investigators and/or photographers who filmed, tape recorded, etc., the injured plaintiff and/or were otherwise involved in the filming, videotaping, tape recording, etc., of the injured plaintiff. (E) AS TO THE DEMAND FOR EXPERT WITNESS DISCLOSURE: A statement disclosing in reasonable detail the following: (1) The identity of each expert (name and address) whom each defendant intends to call at the trial of this action; (2) The subject matter in reasonable detail upon which each expert is expected to testify at the trial of this action; (3) The substance of the facts and opinions upon which each expert is expected to testify at the trial of this action; (4) A summary of the grounds of each expert’s opinion; (5) The complete qualifications of each expert witness whom defendant(s) intend(s) to call at the trial of this action. (F) DEMAND FOR DOCUMENTS REGARDING INSPECTION, MAINTENANCE AND/OR REPAIR OF CONDITION PLEASE TAKE FURTHER NOTICE, that the undersigned demands on behalf of the plaintiff in this action, that you produce at the time and place specified, and permit the undersigned to discover, inspect, and photocopy, each and every record of inspection, maintenance, request for repair and repair at the area of the condition(s) complained of in the complaint during the two (2) year period prior to and including the date of the occurrence within including, but not limited to, written requests, authorizations, permits, permit applications, work orders, out-forms, contracts, logs, log books, letters, charts, maps, diagrams, and/or repair orders. (G) DEMAND FOR VEHICLE MAINTENANCE AND REPAIR RECORDS PLEASE TAKE NOTICE, that the undersigned demands on behalf of the plaintiff in this action, that you produce at the time and place specified, and permit the undersigned to discover, inspect, and photocopy each and every record of inspection, maintenance and repair of the motor vehicle including, but not limited to inspection, maintenance and repair of brakes and steering mechanisms of the vehicle involved in the occurrence for a period of one year prior to the date of the occurrence. (H) DEMAND FOR CONTRACTS PLEASE TAKE NOTICE, that the undersigned demands on behalf of plaintiff in this action, that you produce at the time and place specified, and permit the undersigned to discover, inspect and copy each and every contract between any of the parties to this action. 17 HUD-L-001679-22 05/23/2022 1:29:57 PM Pg 18 of 18 Trans ID: LCV20221986629 (I) AS TO THE DEMAND FOR DEFENDANT(S) ADDRESSES Defendant(s) are required to furnish a verified statement setting forth the post office address and residence of each defendant/third-party defendant/fourth-party defendant, etc.; if any named defendant/third party defendant/fourth-party defendant, etc., is not an individual, then such defendant, third-party defendant/fourth-party defendant, etc., is required to furnish a verified statement of an officer of member of said entity who may be served with process herein. AS TO CONTINUING NATURE OF ALL OF THE DEMANDS SET FORTH ABOVE AND PLAINTIFF(S)’ TRIAL POSTURE WITH RESPECT THERETO: Notice is hereby given on behalf of the plaintiff(s) herein that each and every demand set forth herein constitutes a continuing demand through the time of trial/retrial of this action. Notice is also hereby given that if there is a failure to comply with any of the aforesaid demands, plaintiff(s) will exercise each and every right accorded to the plaintiff by the applicable Rules and/or controlling case-law, which will include objection to testimony and/or introduction into evidence, testimonial/evidentiary preclusion and/or resolution of fact issues in favor of the plaintiff(s) and/or any other rights accorded to the plaintiff(s) under the applicable law. AMARO LAW, LLC Attorney for Plaintiffs Dated: May 23, 2022 By: ______________________________ Luis J. Amaro, Jr. 18 HUD-L-001679-22 05/23/2022 HUD-L-001679-22 05/23/20221:29:57 1:29:57PM PM Pg 1 of 2 Trans TransID: ID:LCV20221986629 LCV20221986629 Civil Case Information Statement Case Details: HUDSON | Civil Part Docket# L-001679-22 Case Caption: NILO PEDRO VS NORIEGA JULIO Case Type: PERSONAL INJURY Case Initiation Date: 05/23/2022 Document Type: Complaint with Jury Demand Attorney Name: LUIS J AMARO JR Jury Demand: YES - 6 JURORS Firm Name: LUIS J. AMARO JR. LLC Is this a professional malpractice case? NO Address: 6121 KENNEDY BLVD Related cases pending: NO NORTH BERGEN NJ 07047 If yes, list docket numbers: Phone: 2017067667 Do you anticipate adding any parties (arising out of same Name of Party: PLAINTIFF : NILO, PEDRO transaction or occurrence)? NO Name of Defendant’s Primary Insurance Company Does this case involve claims related to COVID-19? NO (if known): Unknown Are sexual abuse claims alleged by: PEDRO NILO? NO Are sexual abuse claims alleged by: VICTOR NILO? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? YES If yes, for what language: SPANISH,SPANISH Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 05/23/2022 /s/ LUIS J AMARO JR Dated Signed HUD-L-001679-22 05/23/2022 HUD-L-001679-22 05/23/20221:29:57 1:29:57PM PM Pg 2 of 2 Trans TransID: ID:LCV20221986629 LCV20221986629