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16-2022-CA-006098-XXXX-MA Div: CV-B
Filing # 159743317 E-Filed 10/21/2022 03:47:58 PM
IN THE CIRCUIT COURT, SEVENTH
JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NO.:
DIVISION:
KEVIN FRANKLIN,
Plaintiff,
VS,
SAFECO INSURANCE COMPANY OF ILLINOIS,
a foreign profit corporation,
Defendant.
/
COMPLAINT.
COMES NOW the Plaintiff, KEVIN FRANKLIN, by and through the undersigned attomeys, and
sues the Defendant, SAFECO INSURANCE COMPANY OF ILLINOIS, and states as follows:
1 This is an action for damages that exceeds the sum of THIRTY THOUSAND DOLLARS
($30,000.00), exclusive of costs, interest 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 accardance with
Article 1, Section 21, Fla. Const.
2, At all times material to this action, Plaintiff, KEVIN FRANKLIN, was a natural person
residing in Jacksonville, Duval County, Florida.
3. At all times material to this action, Defendant, SAFECO INSURANCE COMPANY OF
ILLINOIS, was a foreign profit corporation:
a doing business, including the solicitation and sale of policies of motor vehicle
insurance, in Duvat County, Florida; and/or
Page 1 of 3
ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 10/24/2022 02:10:34 PM
b, which maintained an office, an agent, and/or a representative in Duval County,
Florida.
4 On or about August 29, 2021, Plaintiff, KEVIN FRANKLIN, operated a 2014 Honda CR-
Z motor vehicle traveling northbound on 1-295 in Jacksonville, Duval County, Florida.
5. On or about August 29, 2021, the at-fault driver was the operator of a 2004 Toyota Sienna
motor vehicle traveling southbound northbound on 1-295 in Jacksonville, Duval County, Florida.
6. On or about August 29, 2021, the at-fault driver, negligently operated and/or maintained the
2004 Toyota Sienna motor vehicle so as to collide with the 2014 Honda CR-Z motor vehicle operated by
Plaintiff, KEVIN FRANKLIN, thereby causing him to sustain serious injuries,
7 Venue is proper in Duval County, Florida as the motor vehicle collision occurred in
Duvat County, Florida.
8 Prior to August 29, 2021, Plaintiff, KEVIN FRANKLIN, purchased an insurance policy,
policy number “F2714245", from Defendant, SAFECO INSURANCE COMPANY OF ILLINOIS,
which included uninsured/underinsured coverage.
9 Under the terms of the insurance policy, Defendant, SAFECO INSURANCE COMPANY
OF ILLINOIS, provided stacked uninsured/underinsured motorist coverage for Plaintiff in the amount of
$100,000.00 per person/$300,000.00 per each occurrence.
10. At all times material to this action, including August 29, 2021, Plaintiff, KEVIN
FRANKLIN, had uninsured/underinsured motorist coverage with Defendant, SAFECO INSURANCE
COMPANY OF ILLINOIS, under the terms and conditions of automobile policy number “F2714245”.
Attached hereto as Exhibit “A” is the Declarations Page of coverage disclosed by Defendant, SAFECO
INSURANCE COMPANY OF ILLINOIS. The aforementioned policy of insurance is in the possession
of Defendant, SAFECO INSURANCE COMPANY OF ILLINOIS.
It. Plaintiff has furnished Defendant 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
Page 2 of 3
under the uninsured/underinsured portion of the policy, but Defendant has refused to pay Plaintiff for the full
value of the claim.
12. As a direct and proximate result of Defendant's negligence, Plaintiff, KEVIN
FRANKLIN, suffered bodily injury within a reasonable medical probability, pain and suffering, and
resulting impairment, disability, disfigurement, mental anguish, inconvenience, loss of capacity for the
enjoyment of life, aggravation of pre-existing conditions and/or injuries, medical care and treatment,
medical expenses, loss of earnings, loss of ability to earn money and loss of ability to lead and enjoy a
normal life. The injuries and damages to the Plaintiff are permanent within a reasonable degree of
medical probability. The Plaintiff will suffer such injuries, damages, and losses in the future.
WHEREFORE, Plaintiff, KEVIN FRANKLIN, demands judgment for damages against
Defendant, SAFECO INSURANCE COMPANY OF ILLINOIS, and other such relief deemed proper by
the Court. Plaintiff also demands a jury trial on all issues so triable.
DEMAND FOR JURY TRIAL
Plaintiff demands trial by jury of all issues so triable.
RESPECTFULLY submitted this 21" day of October 2022.
MORGAN & MORGAN
sf Brandi Gartrell
BRANDI A. GARTRELL, ESQUIRE
Florida Bar No.: 126077
501 Riverside Ave, Suite 1200
Jacksonville, FL 32202
Telephone: (904) 361-7256
Facsimile: (904) 366-7033
Primary Email: bgartrell@forthepeople.com
Secondary: lharralson@forthepeople.com
Attorneys for Plaintiff
Page 3 of 3
Oct 44 282% 11:17:39 EDT WSGH 1625441318-88?-1 Page 885 OF 894
EXHIBIT A
SAE b i es fvets POLICY NUMBER: F2714245
SAFECO INSURANCE COMPANY OF ILLINOIS
AUTOMOBILE POLICY DECLARATIONS
NAMED INSURED: POLICY CHANGE
KEVIN FRANKLIN CHANGED EFFECTIVE: SEPT 28 2021
TARA POLICY PERIOD FROM:
31 RED JULY 15 2022
TaCRSONVELLE H oT pep6- 4757 To: JULY 15 2022
al 12:01 A.M, standard time al
the address of the Insured as
AGEI stated herein.
BRIGHTWAY INSURANCE,‘T! AGENT TELEPHONE:
"866-472-3326
JACKSONVILLE 32247-5700
RATED DRIVERS KEVIN FRANKLIN, aka FRANKLIN
2017 INFINITI Q70 3.7 BOOR SEDAN ID JNIBYLAP9HM740656
Insurance is afforded only fofthe _Everages for which limits of liability or
premium charges are indicated.
[eavenaces eae aes. Fan ASROUTSINAY: LIMITS: Fe PREMLONS]
LL
sites
2
BODI ie THiuury $100,000 @ 493.00
Bex
ch Person
43
Each Occurrence
PROPERTY DAMAGE > 162.60
ue Each Geeurrence
PERSONAL INJURY PROTECTION 217.60
UNINSURED MOTORISTS (STACKED LIMITS):
BODILY INJU! cect? ooo 449,90
h Parson
SEP tact oe, 000
&ee Each Accident
COMPREHENSIVE ‘tual Cash Value 122.20
5° Less $1000 Deductible
COLLISION Cash Value 557.70
Less" sine Deductible
ADDITIONAL COVERAGES:
$50 Per Day7$1500 Max 31,60
ROADSIDE ASSISTANCE PACKAGE 5.50
weeeeencee
TOTAL $ 2,050.10
PREMIUM SUMMARY EM:
VEHICLE COVERAGE: $ 2,060.10
DISCOUNTS & SAFECO SAFETY REWARDS You saved $536.80 Included
eeeecm ene
TOTAL 12 MONTH PREMIUM 2c. sscsccccccccecccccccnsncccncncesesesecsessscenes $ 2,040,10
YOU SAVED $536.80 BY QUALIFYING FOR THE FOLLOWING DISCOUNTS:
Anti-Lock Brakes
Anti-Thef
Low Mileage
Accident Free
=: Violation Free
Coverage
Homeowners
~CONTINUED~
P © BOX 706000, SALT LAKE CITY, UT 846170
SA-1697/EP 9/90
Page lof 2 DATE PREPARED: SEPT 29 2021
Oct 64 2621 11:18:87? EDT HSG# 1625441318-887-1 Page 86 Of 894
EXHIBIT A
SES iu ane, POLICY NUMBER; F2714245
ant
SAFECO INSURANCE COMPANY OF ILLINOIS
AUTOMOBILE POLICY DECLARATIONS
CONTINUED)
Both Side Air Bag
Preferred Payment Method
Hee
Be ae
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Sh ives
i
SA tower 8/90 Page
2 of 2
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16-2022-CA-006098-XXXX-MA Div: CV-B Filing # 159743317 E-Filed 10/21/2022 03:47:58 PM IN THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA CASE NO.: DIVISION: KEVIN FRANKLIN, Plaintiff, VS, SAFECO INSURANCE COMPANY OF ILLINOIS, a foreign profit corporation, Defendant. / COMPLAINT. COMES NOW the Plaintiff, KEVIN FRANKLIN, by and through the undersigned attomeys, and sues the Defendant, SAFECO INSURANCE COMPANY OF ILLINOIS, and states as follows: 1 This is an action for damages that exceeds the sum of THIRTY THOUSAND DOLLARS ($30,000.00), exclusive of costs, interest 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 accardance with Article 1, Section 21, Fla. Const. 2, At all times material to this action, Plaintiff, KEVIN FRANKLIN, was a natural person residing in Jacksonville, Duval County, Florida. 3. At all times material to this action, Defendant, SAFECO INSURANCE COMPANY OF ILLINOIS, was a foreign profit corporation: a doing business, including the solicitation and sale of policies of motor vehicle insurance, in Duvat County, Florida; and/or Page 1 of 3 ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 10/24/2022 02:10:34 PM b, which maintained an office, an agent, and/or a representative in Duval County, Florida. 4 On or about August 29, 2021, Plaintiff, KEVIN FRANKLIN, operated a 2014 Honda CR- Z motor vehicle traveling northbound on 1-295 in Jacksonville, Duval County, Florida. 5. On or about August 29, 2021, the at-fault driver was the operator of a 2004 Toyota Sienna motor vehicle traveling southbound northbound on 1-295 in Jacksonville, Duval County, Florida. 6. On or about August 29, 2021, the at-fault driver, negligently operated and/or maintained the 2004 Toyota Sienna motor vehicle so as to collide with the 2014 Honda CR-Z motor vehicle operated by Plaintiff, KEVIN FRANKLIN, thereby causing him to sustain serious injuries, 7 Venue is proper in Duval County, Florida as the motor vehicle collision occurred in Duvat County, Florida. 8 Prior to August 29, 2021, Plaintiff, KEVIN FRANKLIN, purchased an insurance policy, policy number “F2714245", from Defendant, SAFECO INSURANCE COMPANY OF ILLINOIS, which included uninsured/underinsured coverage. 9 Under the terms of the insurance policy, Defendant, SAFECO INSURANCE COMPANY OF ILLINOIS, provided stacked uninsured/underinsured motorist coverage for Plaintiff in the amount of $100,000.00 per person/$300,000.00 per each occurrence. 10. At all times material to this action, including August 29, 2021, Plaintiff, KEVIN FRANKLIN, had uninsured/underinsured motorist coverage with Defendant, SAFECO INSURANCE COMPANY OF ILLINOIS, under the terms and conditions of automobile policy number “F2714245”. Attached hereto as Exhibit “A” is the Declarations Page of coverage disclosed by Defendant, SAFECO INSURANCE COMPANY OF ILLINOIS. The aforementioned policy of insurance is in the possession of Defendant, SAFECO INSURANCE COMPANY OF ILLINOIS. It. Plaintiff has furnished Defendant 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 Page 2 of 3 under the uninsured/underinsured portion of the policy, but Defendant has refused to pay Plaintiff for the full value of the claim. 12. As a direct and proximate result of Defendant's negligence, Plaintiff, KEVIN FRANKLIN, suffered bodily injury within a reasonable medical probability, pain and suffering, and resulting impairment, disability, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, aggravation of pre-existing conditions and/or injuries, medical care and treatment, medical expenses, loss of earnings, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The injuries and damages to the Plaintiff are permanent within a reasonable degree of medical probability. The Plaintiff will suffer such injuries, damages, and losses in the future. WHEREFORE, Plaintiff, KEVIN FRANKLIN, demands judgment for damages against Defendant, SAFECO INSURANCE COMPANY OF ILLINOIS, and other such relief deemed proper by the Court. Plaintiff also demands a jury trial on all issues so triable. DEMAND FOR JURY TRIAL Plaintiff demands trial by jury of all issues so triable. RESPECTFULLY submitted this 21" day of October 2022. MORGAN & MORGAN sf Brandi Gartrell BRANDI A. GARTRELL, ESQUIRE Florida Bar No.: 126077 501 Riverside Ave, Suite 1200 Jacksonville, FL 32202 Telephone: (904) 361-7256 Facsimile: (904) 366-7033 Primary Email: bgartrell@forthepeople.com Secondary: lharralson@forthepeople.com Attorneys for Plaintiff Page 3 of 3 Oct 44 282% 11:17:39 EDT WSGH 1625441318-88?-1 Page 885 OF 894 EXHIBIT A SAE b i es fvets POLICY NUMBER: F2714245 SAFECO INSURANCE COMPANY OF ILLINOIS AUTOMOBILE POLICY DECLARATIONS NAMED INSURED: POLICY CHANGE KEVIN FRANKLIN CHANGED EFFECTIVE: SEPT 28 2021 TARA POLICY PERIOD FROM: 31 RED JULY 15 2022 TaCRSONVELLE H oT pep6- 4757 To: JULY 15 2022 al 12:01 A.M, standard time al the address of the Insured as AGEI stated herein. BRIGHTWAY INSURANCE,‘T! AGENT TELEPHONE: "866-472-3326 JACKSONVILLE 32247-5700 RATED DRIVERS KEVIN FRANKLIN, aka FRANKLIN 2017 INFINITI Q70 3.7 BOOR SEDAN ID JNIBYLAP9HM740656 Insurance is afforded only fofthe _Everages for which limits of liability or premium charges are indicated. [eavenaces eae aes. Fan ASROUTSINAY: LIMITS: Fe PREMLONS] LL sites 2 BODI ie THiuury $100,000 @ 493.00 Bex ch Person 43 Each Occurrence PROPERTY DAMAGE > 162.60 ue Each Geeurrence PERSONAL INJURY PROTECTION 217.60 UNINSURED MOTORISTS (STACKED LIMITS): BODILY INJU! cect? ooo 449,90 h Parson SEP tact oe, 000 &ee Each Accident COMPREHENSIVE ‘tual Cash Value 122.20 5° Less $1000 Deductible COLLISION Cash Value 557.70 Less" sine Deductible ADDITIONAL COVERAGES: $50 Per Day7$1500 Max 31,60 ROADSIDE ASSISTANCE PACKAGE 5.50 weeeeencee TOTAL $ 2,050.10 PREMIUM SUMMARY EM: VEHICLE COVERAGE: $ 2,060.10 DISCOUNTS & SAFECO SAFETY REWARDS You saved $536.80 Included eeeecm ene TOTAL 12 MONTH PREMIUM 2c. sscsccccccccecccccccnsncccncncesesesecsessscenes $ 2,040,10 YOU SAVED $536.80 BY QUALIFYING FOR THE FOLLOWING DISCOUNTS: Anti-Lock Brakes Anti-Thef Low Mileage Accident Free =: Violation Free Coverage Homeowners ~CONTINUED~ P © BOX 706000, SALT LAKE CITY, UT 846170 SA-1697/EP 9/90 Page lof 2 DATE PREPARED: SEPT 29 2021 Oct 64 2621 11:18:87? EDT HSG# 1625441318-887-1 Page 86 Of 894 EXHIBIT A SES iu ane, POLICY NUMBER; F2714245 ant SAFECO INSURANCE COMPANY OF ILLINOIS AUTOMOBILE POLICY DECLARATIONS CONTINUED) Both Side Air Bag Preferred Payment Method Hee Be ae i Sh ives i SA tower 8/90 Page 2 of 2