Preview
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HERBERT I. ELLIS, ESQ. - 087402014
LAW OFFICES OF HERBERT I. ELLIS, PC
ELLIS LAW CENTER
87 SOUTH STREET
FREEHOLD, NJ 07728
Tel: (732) 308-0200 Fax: (732) 577-0100
Attorney for Plaintiffs, Joanna Ohmer and Patrick Ohmer
JOANNA OHMER and PATRICK OHMER, her SUPERIOR COURT OF NEW JERSEY
husband, LAW DIVISION - MONMOUTH COUNTY
DOCKET NO.
Plaintiff(s),
-vs- CIVIL ACTION
AMIGA MUTUAL INSURANCE COMPANY,
JOHN DOE 1-10 (fictitious names) and ABC, INC.
1-10 (fictitious entities), UNDERINSURED MOTOMST
COMPLAINT, JURY DEMAND,
DESIGNATION OF TRIAL COUNSEL
Defendant(s).
Plaintiffs, JOANNA OHMER and PATRICK OHMER, her husband, residing at 1018
Marlboro Road, in the Township of Old Bridge, County ofMonmouth, and State of New Jersey, by
way of Complaint against the Defendants, say:
FIRST COUNT
1. At all times relevant herein. Plaintiff, JOANNA OHMER, was insured under a
certain policy of automobile insurance issued by Defendant, AMIGA MUTUAL INSURANCE
COMPANY, bearing Policy Number 971 129220D.
2. On or about November 6, 2016, Plaintiff, JOANNA OHMER, was the retrained
driver of a motor vehicle that was slowing for traffic southbound on Route 9 in Marlboro, New
Jersey.
3. At the same time and place foresaid, Chantal Scott, was traveling southbound on
Route 9 when she rear-ended Mrs. Ohmer's vehicle, causing serious injury to Mrs. Ohmer. This
1
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statement is fully supported by the summons number E16005386 that was issued to Ms. Scott for
careless driving. The vehicle operated by Chantel Scott was insured by Esurance, under policy
number PANJ006424108, and assigned claim number NJS-0066395, with $15,000 in liability
coverage.
4. As a direct and proximate result of the aforesaid accident of November 6, 2016,
Plaintiff, JOANNA OHMER, was caused to sustain and did sustain serious and permanent
personal injuries requiring the care and treatment of physicians, hospitalization and medication
and has sustained damages for her personal injuries well in excess of the availability liability
coverage on the vehicle in question. Plaintiff was assigned claim number 60002630578 by
Defendant, AMIGA MUTUAL INSURANCE COMPANY.
5. As a direct and proximate result of the aforesaid accident of November 6, 2016,
Plaintiff, PATRICK OHMER, as the husband of Plaintiff, JOANNA OHMER, is entitled to her
society, companionship, services, and consortium, and has been deprived of same.
6. Esurance Insurance, as the insurance carrier for the tortfeasor, tendered $15,000 of
its policy limits in settlement of Plaintiffs' claim. Pursuant to the procedure enunciated in
Longworth vs. Ohio Casualty Insurance Company, 223 N.J. Super. 174 (App. Div. 1988), notice
of the aforesaid offer and Plaintiffs' intention to pursue a UIM claim was given to the Defendant,
AMIGA MUTUAL INSURANCE COMPANY, and by letter dated December 20, 2017 Defendant
granted approval to settle with the tortfeasor, and accordingly, the settlement offer was accepted.
7. Plaintiff is contractually entitled to pursue Undermsured Motorist benefits and the
Defendant, AMIGA MUTUAL INSURANCE COMPANY, has a contractual obligation to
proceed on the policy in question.
8. Defendant, AMIGA MUTUAL INSURANCE COMPANY, has wrongfully failed
to respond to Plaintiffs demand for Underinsured Motorist benefits and/or has consequently
delayed a just adjudication of the Plaintiffs claim.
WHEREFORE, Plaintiffs, JOANNA OHMER and PATRICK OHMER, her husband,
demand judgment against Defendant, AMIGA MUTUAL INSURANCE COMPANY, requiring
them to fulfill their contractual obligations to provide underinsured motorist benefits to Plaintiff,
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requiring them to pay to the Plaintiff the full extent of the underinsured motorist benefit, and such
other damages and relief as the Court may deem just and appropriate.
DEMANDFOR TRIAL BY JURY
Plaintiffs herby demand a Trial by jury as to all issues.
TRIAL COUNSEL DESIGNATION
PLEASE TAKE NOTICE that Herbert I. Ellis, Esq. is hereby designated as Trial Counsel in
the above-captioned matter for the firm of Herbert I. Ellis, PC, pursuant to Rule 4:25 et. seq.
CERTIFICATION AS TO OTHER ACTIONS
The undersigned certifies that, except as stated below, the matter in controversy is not the
subject of any other court action or arbitration proceeding now pending, or contemplated, and
that no other parties should be joined in this action. Other actions or arbitrations and additional
parties are: NONE.
HERBERT I. ELLIS, P.C.
November 4, 2022
Herberfl. Ellis, Esq.
Attorney for Plaintiff (s) Joanna Ohmer and Patrick
Ohmer
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Civil Case Information Statement
Case Details: MONMOUTH | Civil Part Docket# L-003081-22
Case Caption: OHMER JOANNA VS AMICA MUTUAL Case Type: UM OR UIM CLAIM (INCLUDES BODILY INJURY)
INSURAN CE COMPAN Document Type: Complaint with Jury Demand
Case Initiation Date: 11/04/2022 Jury Demand: YES - 6 JURORS
Attorney Name: HERBERT IRA ELLIS Is this a professional malpractice case? NO
Firm Name: HERBERT I ELLIS ESQ Related cases pending: NO
Address: ELLIS LAW CENTER 87 SOUTH STREET If yes, list docket numbers:
FREEHOLD NJ 077280000 Do you anticipate adding any parties (arising out of same
Phone: 7323080200 transaction or occurrence)? NO
Name of Party: PLAINTIFF : Ohmer, Joanna Does this case involve claims related to COVID-19? NO
Name of Defendant’s Primary Insurance Company
(if known): None Are sexual abuse claims alleged by: Joanna Ohmer? NO
Are sexual abuse claims alleged by: Patrick Ohmer? 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? NO
If yes, for what language:
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)
11/04/2022 /s/ HERBERT IRA ELLIS
Dated Signed
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Preview
MON-L-003081-22 11/04/2022 5:14:28 PM Pg 1 of 3 Trans ID: LCV20223868975 HERBERT I. ELLIS, ESQ. - 087402014 LAW OFFICES OF HERBERT I. ELLIS, PC ELLIS LAW CENTER 87 SOUTH STREET FREEHOLD, NJ 07728 Tel: (732) 308-0200 Fax: (732) 577-0100 Attorney for Plaintiffs, Joanna Ohmer and Patrick Ohmer JOANNA OHMER and PATRICK OHMER, her SUPERIOR COURT OF NEW JERSEY husband, LAW DIVISION - MONMOUTH COUNTY DOCKET NO. Plaintiff(s), -vs- CIVIL ACTION AMIGA MUTUAL INSURANCE COMPANY, JOHN DOE 1-10 (fictitious names) and ABC, INC. 1-10 (fictitious entities), UNDERINSURED MOTOMST COMPLAINT, JURY DEMAND, DESIGNATION OF TRIAL COUNSEL Defendant(s). Plaintiffs, JOANNA OHMER and PATRICK OHMER, her husband, residing at 1018 Marlboro Road, in the Township of Old Bridge, County ofMonmouth, and State of New Jersey, by way of Complaint against the Defendants, say: FIRST COUNT 1. At all times relevant herein. Plaintiff, JOANNA OHMER, was insured under a certain policy of automobile insurance issued by Defendant, AMIGA MUTUAL INSURANCE COMPANY, bearing Policy Number 971 129220D. 2. On or about November 6, 2016, Plaintiff, JOANNA OHMER, was the retrained driver of a motor vehicle that was slowing for traffic southbound on Route 9 in Marlboro, New Jersey. 3. At the same time and place foresaid, Chantal Scott, was traveling southbound on Route 9 when she rear-ended Mrs. Ohmer's vehicle, causing serious injury to Mrs. Ohmer. This 1 MON-L-003081-22 11/04/2022 5:14:28 PM Pg 2 of 3 Trans ID: LCV20223868975 statement is fully supported by the summons number E16005386 that was issued to Ms. Scott for careless driving. The vehicle operated by Chantel Scott was insured by Esurance, under policy number PANJ006424108, and assigned claim number NJS-0066395, with $15,000 in liability coverage. 4. As a direct and proximate result of the aforesaid accident of November 6, 2016, Plaintiff, JOANNA OHMER, was caused to sustain and did sustain serious and permanent personal injuries requiring the care and treatment of physicians, hospitalization and medication and has sustained damages for her personal injuries well in excess of the availability liability coverage on the vehicle in question. Plaintiff was assigned claim number 60002630578 by Defendant, AMIGA MUTUAL INSURANCE COMPANY. 5. As a direct and proximate result of the aforesaid accident of November 6, 2016, Plaintiff, PATRICK OHMER, as the husband of Plaintiff, JOANNA OHMER, is entitled to her society, companionship, services, and consortium, and has been deprived of same. 6. Esurance Insurance, as the insurance carrier for the tortfeasor, tendered $15,000 of its policy limits in settlement of Plaintiffs' claim. Pursuant to the procedure enunciated in Longworth vs. Ohio Casualty Insurance Company, 223 N.J. Super. 174 (App. Div. 1988), notice of the aforesaid offer and Plaintiffs' intention to pursue a UIM claim was given to the Defendant, AMIGA MUTUAL INSURANCE COMPANY, and by letter dated December 20, 2017 Defendant granted approval to settle with the tortfeasor, and accordingly, the settlement offer was accepted. 7. Plaintiff is contractually entitled to pursue Undermsured Motorist benefits and the Defendant, AMIGA MUTUAL INSURANCE COMPANY, has a contractual obligation to proceed on the policy in question. 8. Defendant, AMIGA MUTUAL INSURANCE COMPANY, has wrongfully failed to respond to Plaintiffs demand for Underinsured Motorist benefits and/or has consequently delayed a just adjudication of the Plaintiffs claim. WHEREFORE, Plaintiffs, JOANNA OHMER and PATRICK OHMER, her husband, demand judgment against Defendant, AMIGA MUTUAL INSURANCE COMPANY, requiring them to fulfill their contractual obligations to provide underinsured motorist benefits to Plaintiff, MON-L-003081-22 11/04/2022 5:14:28 PM Pg 3 of 3 Trans ID: LCV20223868975 requiring them to pay to the Plaintiff the full extent of the underinsured motorist benefit, and such other damages and relief as the Court may deem just and appropriate. DEMANDFOR TRIAL BY JURY Plaintiffs herby demand a Trial by jury as to all issues. TRIAL COUNSEL DESIGNATION PLEASE TAKE NOTICE that Herbert I. Ellis, Esq. is hereby designated as Trial Counsel in the above-captioned matter for the firm of Herbert I. Ellis, PC, pursuant to Rule 4:25 et. seq. CERTIFICATION AS TO OTHER ACTIONS The undersigned certifies that, except as stated below, the matter in controversy is not the subject of any other court action or arbitration proceeding now pending, or contemplated, and that no other parties should be joined in this action. Other actions or arbitrations and additional parties are: NONE. HERBERT I. ELLIS, P.C. November 4, 2022 Herberfl. Ellis, Esq. Attorney for Plaintiff (s) Joanna Ohmer and Patrick Ohmer MON-L-003081-22 11/04/2022 MON-L-003081-22 11/04/20225:14:28 5:14:28PM PM Pg 1 of 2 Trans TransID: ID:LCV20223868975 LCV20223868975 Civil Case Information Statement Case Details: MONMOUTH | Civil Part Docket# L-003081-22 Case Caption: OHMER JOANNA VS AMICA MUTUAL Case Type: UM OR UIM CLAIM (INCLUDES BODILY INJURY) INSURAN CE COMPAN Document Type: Complaint with Jury Demand Case Initiation Date: 11/04/2022 Jury Demand: YES - 6 JURORS Attorney Name: HERBERT IRA ELLIS Is this a professional malpractice case? NO Firm Name: HERBERT I ELLIS ESQ Related cases pending: NO Address: ELLIS LAW CENTER 87 SOUTH STREET If yes, list docket numbers: FREEHOLD NJ 077280000 Do you anticipate adding any parties (arising out of same Phone: 7323080200 transaction or occurrence)? NO Name of Party: PLAINTIFF : Ohmer, Joanna Does this case involve claims related to COVID-19? NO Name of Defendant’s Primary Insurance Company (if known): None Are sexual abuse claims alleged by: Joanna Ohmer? NO Are sexual abuse claims alleged by: Patrick Ohmer? 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? NO If yes, for what language: 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) 11/04/2022 /s/ HERBERT IRA ELLIS Dated Signed MON-L-003081-22 11/04/2022 MON-L-003081-22 11/04/20225:14:28 5:14:28PM PM Pg 2 of 2 Trans TransID: ID:LCV20223868975 LCV20223868975