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16-2020-CA-002067-XXXX-MA Div: CV-C
Filing # 105980272 E-Filed 04/07/2020 04:40:14 PM
IN THE CIRCUIT COURT,
FOURTH JUDICIAL CIRCUIT,
IN AND FOR DUVAL COUNTY,
FLORIDA
CASE NO:
JOHN VALIS,
Plaintiff,
vs.
CHRISTINE HITCHCOCK and
USAA CASUALTY INSURANCE
COMPANY,
Defendant.
/
COMPLAINT
Plaintiff, JOHN VALIS, sues Defendants, CHRISTINE HITCHCOCK and USAA
CASUALTY INSURANCE COMPANY and alleges:
1 This is an action for damages that exceed Thirty Thousand Dollars ($30,000.00),
exclusive of interest, costs and attorneys’ fees (The estimated value of Plaintiff's claim is in excess
of the minimum jurisdictional threshold required by this Court). Accordingly, Plaintiff has entered
“$30,001” in the civil cover sheet for the “estimated amount of the claim” as required in the
preamble to the civil cover sheet for jurisdictional purposes only (the Florida Supreme Court has
ordered that the estimated “amount of claim” be set forth in the civil cover sheet for data collection
and clerical purposes only). The actual value of Plaintiff's claim will be determined by a fair and
just jury in accordance with Article 1, Section 21, Fla. Const.
2. At all times material to this action, Plaintiff, JOHN VALIS, was a natural person
residing in Saint Johns, St. Johns County, Florida.
ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 04/08/2020 10:42:35 AM
3 At all times material to this action, Defendant, CHRISTINE HITCHCOCK, was
a natural person residing in Jacksonville, Duval County, Florida.
4 At all times material to this action, Defendant, USAA CASUALTY INSURANCE
COMPANY, is a foreign profit corporation authorized to do business and doing business in Duval
County, Florida.
5 On or about August 16, 2017, Plaintiff operated a motor vehicle eastbound that was
stopped for traffic at the direction of a school crossing guard on Racetrack Road, adjacent to
Julington Creek Elementary, St. Johns County, Florida.
6 At that time and place, Defendant, CHRISTINE HITCHCOCK, owned and
operated a motor vehicle eastbound behind the Plaintiff, on Racetrack Road, adjacent to Julington
Creek Elementary, St. Johns County, Florida, when Defendant, CHRISTINE HITCHCOCK
struck the rear of Plaintiff, JOHN VALIS’ motor vehicle.
COUNTI
CLAIM AGAINST DEFENDANT, CHRISTINE HITCHCOCK
Plaintiff re-alleges and incorporates paragraphs 1 through 6, and further states:
7 At that time and place, Defendant, CHRISTINE HITCHCOCK, negligently
operated and/or maintained the motor vehicle so that she struck the rear Plaintiff's motor vehicle,
thereby causing him serious injuries.
8 As a direct and proximate cause of Defendant, CHRISTINE HITCHCOCK,
negligence, Plaintiff suffered and incurred:
a. Significant and permanent loss of an important bodily function and/or
permanent and significant scarring;
b Permanent injury within a reasonable degree of medical probability other
than scarring or disfigurement;
Aggravation or activation of an existing disease or physical defect;
Pain, suffering, disability, physical impairment, mental anguish,
inconvenience, and a loss of capacity for the enjoyment of life;
Expenses of medical care and treatment in the past and in the future; loss of
wage and/or loss of earning capacity in the future;
All losses are continuing and/or permanent.
9 Plaintiff, JOHN VALIS, will suffer or incur the injuries, expenses and impairment
in the future.
WHEREFORE, Plaintiff, JOHN VALIS, demands judgment for damages against
Defendant, CHRISTINE HITCHCOCK, and other such relief deemed proper by the Court.
Plaintiff also demands a jury trial on all issues so triable.
COUNT I
CLAIM AGAINST DEFENDANT, USAA CASUALTY INSURANCE COMPANY
Plaintiff re-alleges and incorporates paragraphs | through 6, and further states:
10. Defendant, USAA CASULATY INSURANCE COMPANY, issued and delivered
to Plaintiff, a policy of insurance numbered 009237753-7 104-12, which was in full force and effect
on the date of the accident.
11. Under the terms of the insurance policy, Defendant, STATE FARM MUTUAL
INSURANCE COMPANY, provided underinsured/uninsured motorist coverage for Plaintiff in the
amount of $15,000 each person / each accident.
12. Defendant, USAA CASUALTY INSURANCE COMPANY, has in its custody
and control a copy of the insurance policy and, therefore, it is not attached to the Complaint.
13. At all times material to this action, Defendant, CHRISTINE HITCHCOCK was
an underinsured motorist in that she carried liability insurance coverage with limits less than
Plaintiff's total damages as a result of the accident.
14. Plaintiff has furnished Defendant, USAA CASUALTY INSURANCE
COMPANY, timely notice of the automobile accident and proof of the claim for damages
described above and has otherwise performed all conditions precedent to entitle recovery under the
uninsured portion of the policy, but Defendant, USAA CASUALTY INSURANCE COMPANY,
has refused to pay Plaintiff for the full value of the claim.
15. As a direct and proximate cause of Defendant, USAA CASUALTY INSURANCE
COMPANY, negligence, Plaintiff suffered and incurred:
a. Significant and permanent loss of an important bodily function and/or
permanent and significant scarring;
b Permanent injury within a reasonable degree of medical probability other
than scarring or disfigurement;
Cc. Aggravation or activation of an existing disease or physical defect;
d Pain, suffering, disability, physical impairment, mental anguish,
inconvenience, and a loss of capacity for the enjoyment of life;
€. Expenses of medical care and treatment in the past and in the future; loss of
wage and/or loss of earning capacity in the future;
All losses are continuing and/or permanent.
WHEREFORE, Plaintiff, JOHN VALIS, demands judgment for damages against
Defendant, USAA CASUALTY INSURANCE COMPANY, and other such relief deemed proper
by the Court. Plaintiff also demands a jury trial on all issues so triable.
Respectfully submitted this 7 day of April, 2020
/s/ Michael D. Marrese
Michael D. Marrese, Esquire
FBN: 0544299
Morgan & Morgan, P.A
2601 N. Ponce de Leon Blvd.
St. Augustine, FL 32084
Email: Mmarrese@forthepeople.com
Telephone: (904) 417-4170
Facsimile: (904) 417-4171
Attorneys for Plaintiff
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16-2020-CA-002067-XXXX-MA Div: CV-C Filing # 105980272 E-Filed 04/07/2020 04:40:14 PM IN THE CIRCUIT COURT, FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO: JOHN VALIS, Plaintiff, vs. CHRISTINE HITCHCOCK and USAA CASUALTY INSURANCE COMPANY, Defendant. / COMPLAINT Plaintiff, JOHN VALIS, sues Defendants, CHRISTINE HITCHCOCK and USAA CASUALTY INSURANCE COMPANY and alleges: 1 This is an action for damages that exceed Thirty Thousand Dollars ($30,000.00), exclusive of interest, costs and attorneys’ fees (The estimated value of Plaintiff's claim is in excess of the minimum jurisdictional threshold required by this Court). Accordingly, Plaintiff has entered “$30,001” in the civil cover sheet for the “estimated amount of the claim” as required in the preamble to the civil cover sheet for jurisdictional purposes only (the Florida Supreme Court has ordered that the estimated “amount of claim” be set forth in the civil cover sheet for data collection and clerical purposes only). The actual value of Plaintiff's claim will be determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const. 2. At all times material to this action, Plaintiff, JOHN VALIS, was a natural person residing in Saint Johns, St. Johns County, Florida. ACCEPTED: DUVAL COUNTY, RONNIE FUSSELL, CLERK, 04/08/2020 10:42:35 AM 3 At all times material to this action, Defendant, CHRISTINE HITCHCOCK, was a natural person residing in Jacksonville, Duval County, Florida. 4 At all times material to this action, Defendant, USAA CASUALTY INSURANCE COMPANY, is a foreign profit corporation authorized to do business and doing business in Duval County, Florida. 5 On or about August 16, 2017, Plaintiff operated a motor vehicle eastbound that was stopped for traffic at the direction of a school crossing guard on Racetrack Road, adjacent to Julington Creek Elementary, St. Johns County, Florida. 6 At that time and place, Defendant, CHRISTINE HITCHCOCK, owned and operated a motor vehicle eastbound behind the Plaintiff, on Racetrack Road, adjacent to Julington Creek Elementary, St. Johns County, Florida, when Defendant, CHRISTINE HITCHCOCK struck the rear of Plaintiff, JOHN VALIS’ motor vehicle. COUNTI CLAIM AGAINST DEFENDANT, CHRISTINE HITCHCOCK Plaintiff re-alleges and incorporates paragraphs 1 through 6, and further states: 7 At that time and place, Defendant, CHRISTINE HITCHCOCK, negligently operated and/or maintained the motor vehicle so that she struck the rear Plaintiff's motor vehicle, thereby causing him serious injuries. 8 As a direct and proximate cause of Defendant, CHRISTINE HITCHCOCK, negligence, Plaintiff suffered and incurred: a. Significant and permanent loss of an important bodily function and/or permanent and significant scarring; b Permanent injury within a reasonable degree of medical probability other than scarring or disfigurement; Aggravation or activation of an existing disease or physical defect; Pain, suffering, disability, physical impairment, mental anguish, inconvenience, and a loss of capacity for the enjoyment of life; Expenses of medical care and treatment in the past and in the future; loss of wage and/or loss of earning capacity in the future; All losses are continuing and/or permanent. 9 Plaintiff, JOHN VALIS, will suffer or incur the injuries, expenses and impairment in the future. WHEREFORE, Plaintiff, JOHN VALIS, demands judgment for damages against Defendant, CHRISTINE HITCHCOCK, and other such relief deemed proper by the Court. Plaintiff also demands a jury trial on all issues so triable. COUNT I CLAIM AGAINST DEFENDANT, USAA CASUALTY INSURANCE COMPANY Plaintiff re-alleges and incorporates paragraphs | through 6, and further states: 10. Defendant, USAA CASULATY INSURANCE COMPANY, issued and delivered to Plaintiff, a policy of insurance numbered 009237753-7 104-12, which was in full force and effect on the date of the accident. 11. Under the terms of the insurance policy, Defendant, STATE FARM MUTUAL INSURANCE COMPANY, provided underinsured/uninsured motorist coverage for Plaintiff in the amount of $15,000 each person / each accident. 12. Defendant, USAA CASUALTY INSURANCE COMPANY, has in its custody and control a copy of the insurance policy and, therefore, it is not attached to the Complaint. 13. At all times material to this action, Defendant, CHRISTINE HITCHCOCK was an underinsured motorist in that she carried liability insurance coverage with limits less than Plaintiff's total damages as a result of the accident. 14. Plaintiff has furnished Defendant, USAA CASUALTY INSURANCE COMPANY, timely notice of the automobile accident and proof of the claim for damages described above and has otherwise performed all conditions precedent to entitle recovery under the uninsured portion of the policy, but Defendant, USAA CASUALTY INSURANCE COMPANY, has refused to pay Plaintiff for the full value of the claim. 15. As a direct and proximate cause of Defendant, USAA CASUALTY INSURANCE COMPANY, negligence, Plaintiff suffered and incurred: a. Significant and permanent loss of an important bodily function and/or permanent and significant scarring; b Permanent injury within a reasonable degree of medical probability other than scarring or disfigurement; Cc. Aggravation or activation of an existing disease or physical defect; d Pain, suffering, disability, physical impairment, mental anguish, inconvenience, and a loss of capacity for the enjoyment of life; €. Expenses of medical care and treatment in the past and in the future; loss of wage and/or loss of earning capacity in the future; All losses are continuing and/or permanent. WHEREFORE, Plaintiff, JOHN VALIS, demands judgment for damages against Defendant, USAA CASUALTY INSURANCE COMPANY, and other such relief deemed proper by the Court. Plaintiff also demands a jury trial on all issues so triable. Respectfully submitted this 7 day of April, 2020 /s/ Michael D. Marrese Michael D. Marrese, Esquire FBN: 0544299 Morgan & Morgan, P.A 2601 N. Ponce de Leon Blvd. St. Augustine, FL 32084 Email: Mmarrese@forthepeople.com Telephone: (904) 417-4170 Facsimile: (904) 417-4171 Attorneys for Plaintiff