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Filing # 122599176 E-Filed 03/05/2021 02:55:51 PM
IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
BREVARD COUNTY, FLORIDA
LINDA NOLAN POTTER,
CASE NO.:
Plaintiff,
vs.
EMANUEL JACKSON, UNITED SERVICES
AUTOMOBILE ASSOCIATION, a foreign for
profit corporation, and GOVERNMENT
EMPLOYEES INSURANCE COMPANY,
a foreign for profit corporation,
Defendants.
/
COMPLAINT AND DEMAND FOR JURY TRIAL
COMES NOW Plaintiff, LINDA NOLAN POTTER by and through undersigned coun-
sel, and complains against Defendants EMANUEL JACKSON and UNITED SERVICES
AUTOMOBILE ASSOCIATION, a foreign for profit corporation, and GOVERNMENT
EMPLOYEES INSURANCE COMPANY, and alleges as follows:
PARTIES JURISDICTION AND VENUE
1 This is an action for damages within the jurisdictional limits of this Court, to
wit, in excess of $30,000.00, exclusive of interests and costs.
2 The Plaintiff LINDA NOLAN POTTER was at all times pertinent hereto a
resident of Brevard County, Florida and is in all other respects sui juris.
3. tall times material hereto Defendant EMANUEL JACKSON was a resident
of Brevard County, Florida or was a resident of the State of Florida at the time of the
occurrence alleged herein and has since become a non-resident or is otherwise concealing
her whereabouts.
4. That Defendant UNITED SERVICES AUTOMOBILE ASSOCIATION was
Filing 122599176 VS 05-2021-CA-019085-XXXX-XX
at all times material hereto a foreign corporation operating as an insurance company,
licensed to do business in the State of Florida, and conducting business in Brevard County,
Florida.
5 That Defendant GOVERNMENT EMPLOYEES INSURANCE COMPANY
was at all times material hereto a foreign corporation operating as an insurance company,
licensed to do business in the State of Florida, and conducting business in Brevard County,
Florida.
6 Brevard County, Florida is the proper venue for this action as the subject crash
occurred in Palm Bay, Brevard County, Florida and Plaintiff's insurance policy was also
delivered in Brevard County, Florida.
COUNTI
PLAINTIFF’S CLAIM FOR MOTOR VEHICLE NEGLIGENCE AGAINST
DEFENDANT EMANUEL JACKSON
7. Plaintiff hereby incorporates paragraphs 1-3 and paragraph 6 as if set forth
fully herein.
8 That on or about December 7, 2020 Defendant EMANUEL JACKSON was
the owner and operator of a 2014 Audi A4 motor vehicle bearing vehicle identification
number WAUBFAFL4EN027658 which he was operating westbound on Malabar Road SE
approximately 21 feet east of Interstate 95 in Palm Bay, Brevard County, Florida.
9 At the aforesaid time and place, Defendant, EMANUEL JACKSON negligent-
ly operated the aforedescribed 2014 Audi motor vehicle so that it collided with the rear end
of the 2004 Lexus motor vehicle in which Plaintiff LINDA NOLAN POTTER was
occupying.
10. At the time and place stated above, Defendant, EMANUEL JACKSON was
under a duty to drive safely and avoid causing harm to others and instead negligently oper-
Filing 122599176 VS 05-2021-CA-019085-XXXX-XX
ated said motor vehicle so that it violently collided with the rear of the vehicle in which
Plaintiff LINDA NOLAN POTTER was occupying, directly and proximately causing inju-
ries and damages to Plaintiff, LINDA NOLAN POTTER as hereinafter more particularly
set forth.
11. As a direct and proximate result of the aforesaid negligence of the Defendant,
EMANUEL JACKSON, Plaintiff, LINDA NOLAN HOWARD was severely, significantly
and permanently injured within a reasonable degree of medical probability in and about her
head, neck, ribs, back, pelvis, body, limbs, and nervous system; has been permanently and
significantly scarred and/or disfigured; has incurred a significant and permanent loss of
bodily functions; and, has suffered and aggravation of a pre-existing condition. As a fur-
ther direct and proximate result of the Defendant’s EMANUEL JACKSON negligence, the
Plaintiff, LINDA NOLAN POTTER has suffered extreme pain and suffering, disability,
physical impairment, inconvenience, and loss of capacity for the enjoyment of life, and will
so suffer these injuries in the future. As a further direct and proximate result of her inju-
ties, Plaintiff has in the past and will in the future be obligated to pay large sums of money
for doctor’s bills, hospital bills and others directly and indirectly related to expenses in
an effort to alleviate her suffering and to cure his injuries. Plaintiff has in the past and will
in the future be unable to lead and enjoy a normal life as a result of the injuries. All of
Plaintiffs losses are either permanent or continuing and Plaintiff will suffer these losses in
the future.
WHEREFORE, Plaintiff LINDA NOLAN HOWARD demands judgment for dam-
ages against Defendant’s EMANUEL JACKSON for damages in excess of $30,000.00 to-
gether with costs and interest as allowed by law and demands trial by jury of all issues so
triable as of right by a jury.
Filing 122599176 VS 05-2021-CA-019085-XXXX-XX
COUNT II
UNINSURED/UNDERINSURED MOTORIST CLAIM AGAINST
UNITED SERVICES AUTOMOBILE ASSOCIATION
12. Plaintiff hereby realleges paragraphs 1-11, as if fully set forth herein and
further alleges.
13. A policy of automobile insurance including coverage required by the Florida
Automobile Reparations Reform Act was issued by Defendant, UNITED SERVICES
AUTOMOBILE ASSOCIATION, bearing policy # 035297348U71011 and insuring the
2004 Lexus motor vehicle Plaintiff was occupying at the time of the aforesaid collision.
Said policy was in full force and effect at the time of the collision which is the subject of
this lawsuit. A copy of Plaintiff's insurance coverage detail is attached hereto and made a
part hereof as Plaintiff's Exhibit “A”. Additionally, Defendant UNITED SERVICES
AUTOMOBILE ASSOCIATION is in possession of the aforementioned policy in its
entirety.
14. By issuing the aforementioned automobile policy insuring the automobile
in which Plaintiff LINDA NOLAN POTTER was a lawful occupant, Defendant UNITED
SERVICES AUTOMOBILE ASSOCIATION became a party to an automobile insurance
contract which included a provision for uninsured/underinsured motorist benefits.
15. At the time and place of the motor vehicle collision that is the subject of this
complaint, Plaintiff LINDA NOLAN POTTER was a legal occupant of the motor vehicle
described in paragraph nine that was insured by Defendant UNITED SERVICES
AUTOMOBILE ASSOCIATION.
16. At all times material to this cause of action, the tortfeasor EMANUEL
JACKSON was underinsured.
Filing 122599176 VS 05-2021-CA-019085-XXXX-XX
17. The Plaintiff LINDA NOLAN POTTER has complied with all terms and con-
ditions of the aforesaid automobile policy and more particularly the terms and conditions of
the uninsured/underinsured motorist section of the policy, and has performed all conditions
precedent to filing this Complaint or has been excused from doing so by Defendant,
UNITED SERVICES AUTOMOBILE ASSOCIATION.
18. That there is no dispute whether the insurance policy described in paragraph
13 provided uninsured/underinsured motorist coverage alleged herein.
19. As a direct and proximate result of the aforesaid negligence of the unin-
sured/underinsured Defendant, EMANUEL JACKSON Plaintiff LINDA NOLAN
POTTER was severely, significantly and permanently injured within a reasonable degree of
medical probability in and about her head, neck, ribs, back, pelvis, body, limbs, and nerv-
ous system; has been permanently and significantly scarred and/or disfigured; has incurred
a significant and permanent loss of bodily functions; and, has suffered and aggravation of
a pre-existing condition. As a further direct and proximate result of the Defendant
EMANUEL JACKSON’S negligence, Plaintiff, LINDA NOLAN POTTER has suffered
extreme pain and suffering, disability, physical impairment, inconvenience, and loss of ca-
pacity for the enjoyment of life, and will so suffer these injuries in the future. As a further
direct and proximate result of said injuries, Plaintiff has in the past and will in the future be
obligated to pay large sums of money for doctor’s bills, hospital bills and others directly
and indirectly related to expenses in an effort to alleviate her suffering and to cure her inju-
ries. Plaintiff has in the past and will in the future be unable to lead and enjoy a normal life
asa result of the injuries. All of the Plaintiff's losses are either permanent or continuing
and Plaintiff will suffer these losses in the future.
WHEREFORE, Plaintiff, LINDA NOLAN POTTER, sues and demands judgment
Filing 122599176 VS 05-2021-CA-019085-XXXX-XX
against the Defendant UNITED SERVICES AUTOMOBILE ASSOCIATION for general
and special compensatory damages, together with costs and interest as allowed by law and
demands trial by jury of all issues triable as of right by jury.
‘OUNT III
UNINSURED/UNDERINSURED MOTORIST CLAIM AGAINST
GOVERNMENT EMPLOYEES INSURANCE COMPANY
20. Plaintiff hereby realleges paragraphs 1-11, as if fully set forth herein and
further alleges.
21. A policy of automobile insurance including coverage required by the Florida
Automobile Reparations Reform Act was issued by Defendant, GOVERNMENT
EMPLOYEES INSURANCE COMPANY bearing policy # 4425853597 and insuring
the Plaintiff for injuries caused by uninsured and/or underinsured motorists. Said policy
was in full force and effect at the time of the collision which is the subject of this lawsuit.
A copy of Plaintiff's insurance coverage detail is attached hereto and made a part hereof as
Plaintiff's Exhibit “B”. Additionally, Defendant GOVERNMENT EMPLOYEES
INSURANCE COMPANY is in possession of the aforementioned policy in its entirety.
22. By issuing the aforementioned automobile policy insuring the automobile
in which Plaintiff LINDA NOLAN POTTER was a lawful occupant, Defendant
GOVERNMENT EMPLOYEES INSURANCE COMPANY became a party to an
automobile insurance contract which included a provision for uninsured/underinsured
motorist benefits.
23. Atall times material to this cause of action, the tortfeasor EMANUEL
JACKSON was underinsured.
24. The Plaintiff LINDA NOLAN POTTER has complied with all terms and
Filing 122599176 VS 05-2021-CA-019085-XXXX-XX
conditions of the aforesaid automobile policy and more particularly the terms and
conditions of the uninsured/underinsured motorist section of the policy, and has performed
all conditions precedent to filing this Complaint or has been excused from doing so by
Defendant, GOVERNMENT EMPLOYEES INSURANCE COMPANY.
25. There is no dispute whether the insurance policy described in paragraph 21
provided uninsured/underinsured motorist coverage alleged herein.
26. As a direct and proximate result of the aforesaid negligence of the unin-
sured/underinsured Defendant, EMANUEL JACKSON Plaintiff LINDA NOLAN
POTTER was severely, significantly and permanently injured within a reasonable degree of
medical probability in and about her head, neck, ribs, back, pelvis, body, limbs, and nerv-
ous system; has been permanently and significantly scarred and/or disfigured; has incurred
a significant and permanent loss of bodily functions; and, has suffered and aggravation of
a pre-existing condition. As a further direct and proximate result of the Defendant
EMANUEL JACKSON’S negligence, Plaintiff, LINDA NOLAN POTTER has suffered
extreme pain and suffering, disability, physical impairment, inconvenience, and loss of ca-
pacity for the enjoyment of life, and will so suffer these injuries in the future. As a further
direct and proximate result of said injuries, Plaintiff has in the past and will in the future be
obligated to pay large sums of money for doctor’s bills, hospital bills and others directly
and indirectly related to expenses in an effort to alleviate her suffering and to cure her
injuries. Plaintiff has in the past and will in the future be unable to lead and enjoy a normal
life as a result of the injuries. All of the Plaintiff's losses are either permanent or continu-
ing and Plaintiff will suffer these losses in the future.
WHEREFORE, Plaintiff, LINDA NOLAN HOWARD, sues and demands judgement
against the Defendant GOVERNMENT EMPLOYEES INSURANCE COMPANY for
Filing 122599176 VS 05-2021-CA-019085-XXXX-XX
general and special compensatory damages, together with costs and interest as allowed by
law and demands trial by jury of all issues triable as of right by jury.
GILLIN GILLIN & LINDBAEK, P.A.
Attorneys for Plaintiff
222 N. Harbor City Blvd.
Melbourne, Florida 32935
Telephone: (321) 729-1444
By, /s/ Eric S. Gillin
ERIC S. GILLIN
Florida Bar No. 168629
Primary email: eric@brevardjustice.com
Filing 122599176 VS 05-2021-CA-019085-XXXX-XX
RECEIVED 12/24/2020 08: 326" 3217299933 GG&L
| 12/24/28 @7:35:13 USA Fax Server 2 > 3217299933 USAA Prod RFC Page 885
(RECIPROCAL INTERINSURANCE | Stale] 02 03 04 05, ve POUCY NUMBER
. USAR’ 9800
Fredericksburg Road - San Antonio, Texas 78288 FL 210210410410) ter] 03529 73 48U 7101 1
FLORIDA AUTO POLICY PERIOD: Mt AM. standard time
RENEWAL DECLARATIONS Cc
ATTACH TO PREVIOUS POLICY) OPERATORS
Named Insured and Address 01 FRANK H LOUISELL
FRANK H LOUISELL
CPO USN RET
PO BOX 504
MELBOURNE FL 32902-0504
Description of Vehicle(s) VEN USE] WORST
VEH|YEAR TRADE NAME 00. BODY TYPE Sea: IDENTIFICATION NUMBER
02} 07) FORD CROWN VIC 4D 100 2FAFP71W37X137498
03} 06} FORD MUSTANG GT CONV 500 AZVHT85H565125673
04} 16) RAM 1500 CRW SPT] 4D 8000 LC6RREMTSGS306492
05} 04] LEXUS Ls 430 4D 4D 10000 JTHEN36F340150373
[The Vehicle(s) described herein is principally garaged at the above address unlass otherwise stated.
« WO-WaidSchoo, B-e.snees: Fafa P=Pleasse
VEH 02 MELBOURNE FL 32901-4724 VEH 04 MELBOURNE FL 32901-4724
ah iP aiay pat Be aaa teyaate of th
VEH 03 MELBOURNE FL 32901-4724 VEH 05 MELBOURNE FL 32901-4724
those. overal Timits” show:
Hicy provisions @ number o
VEH VEH VEH
COVERAGES LIMITS OF LIABILITY 02 6-MONTH 103 6-MONTH j04¢ 6-MONTH |05 6-MONTH
"ACV" MEAN: D=DED | PREMIUM O=DED | PREMIUM | D=0ER | PREMIUM [O=DED | PREMUM
AMOUNT! $ AMOUNT) 3 JOUNT 3. MOUNT] $
ISTORED VEH-REDUCED LIMITS APPLY,
IF DRIVEN STORED
PART A - LIABILITY
BODILY INJURY EA PER $ 50,009
EA ACC $ 100, 00g 112 57 29.0 136.38 108 86
PROPERTY DAMAGE EA ACC $ 50,004 4l 93) 11.5 60.89 48 81
PART B - MEDICAL PAYMENTS
EA PER $ 1,009 5] 1.2 8.08 121 17
PART B - PERSONAL INJURY PROTECTION
MAXIMUM BENEFITS $10,000
DEDUCTIBLE APPLIES TO
NAMED INSD/RESIDENT RELATIVE |D100Q 43 83D1006) 13,.19p1609 43.90D1009 54 52
PART C - UNINSURED MOTORISTS
STACKED
BODILY INJURY EA PER $ 50,009
EA ACC $ 100,009 103 74 15.5 158.96 167 34
IPART D ~ PHYSICAL DAMAGE COVERAGE
COMPREHENSIVE LOSS ACV LESS |D1000 15 47D1000} 12.1 L000 30.88D1000 33 64
COLLISION LOSS ACV LESS ID1000 43 67D1000! 20.9 1000 84.79D1000 71 08
TOTAL PREMIUM - SEE FOLLOWING PAGE(S)
JENDORSEMENTS: ADDED 08-06-20 - A200FL(01)
IREMAIN IN EFFECT(REFER TO PREVIOUS POLICY) ~ ACCFOR (01) A402FL (02)
A155FL(01)-STORAGE RSGPFL(01) 5100FL(02)
INFORMATION FORMS: 535FL(03) S5OFL (06) AGNA (01) 663FL(04) 999FL (03)
32
ihe Aas poop oLTL i . Eps. xoms spoopoll Kt ue 4[ L nums 6boobol | [TTT RD. 5, xmmsepoopol
TTT TT]
ASSOCIATION have caused these presents to be signedby
their Attorney-in-Fact on this date JUNE 19, 2020
COUNTERSIGNED BY
President, USAA fore Attomey-in-Fact, inc.
5000 U 07-11 Ce CAI cad
030
346 1 7-44 § PLAINTIFF'S
oP
1119caadbids0
Filing 122599176 VS 05-202] i
STATEMENT OF INSURANCE DISt_JSURE
STATE OF FLORIDA
POLK COUNTY: ss
|, Matthew Green, Claims Manager of GEICO General Insurance Company, Incorporated under
the laws of the State of Maryland, do hereby certify that policy number 4425853597, issued to
Linda Potter effective 08/04/2020 thru 02/04/2021, afforded the following coverage:
Coverage for losses sustained by anyone other than an insured is limited to:
Bodily Injury $10,000.00 per person / $20,000.00 per
occurrence
Property Damage (Includes Loss of Use) $25,000.00
Coverage for losses sustained by an insured:
Uninsured Motorist Non-Stacked $10,000.00 per person / $20,000.00 per
occurrence
Personal Injury Protection $1000 Deductible, applies to Named Insured
only, work loss excluded for Named Insured only
Additional Personal Injury Protection Not Applicable
Medical Payments Coverage Not Applicable
Collision Not Applicable
Comprehensive Not Applicable
Rental Reimbursement Not Applicable
ERS Not Applicable
MBI Not Applicable
on the following vehicle: 2011 NISSAN VERSA, VIN 3N1BC1AP8BL399380, during the above
policy period.
Number of Listed Vehicles: Not Applicable
Policy and Coverage Defenses Known Are: None Known At This Time
Additional Insurance Coverage: None Known To GEICO General Insurance Company At This
Time
Additional Insured(s) Under Section |, Liability Coverage: None Known At This Time
Pursuant to Fla. Stat. 92.525(1)(c), under penalties of perjury, | declare that | have read the
foregoing Statement of Insurance Disclosure and that the facts stated in it are true.
ZILLLZ Claims Manager
Adjuster: Toria Bixler
Claim Number: 055435303 0000 001
Filing 122599176 VS 05-202 Bg rons
Preview
Filing # 122599176 E-Filed 03/05/2021 02:55:51 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT BREVARD COUNTY, FLORIDA LINDA NOLAN POTTER, CASE NO.: Plaintiff, vs. EMANUEL JACKSON, UNITED SERVICES AUTOMOBILE ASSOCIATION, a foreign for profit corporation, and GOVERNMENT EMPLOYEES INSURANCE COMPANY, a foreign for profit corporation, Defendants. / COMPLAINT AND DEMAND FOR JURY TRIAL COMES NOW Plaintiff, LINDA NOLAN POTTER by and through undersigned coun- sel, and complains against Defendants EMANUEL JACKSON and UNITED SERVICES AUTOMOBILE ASSOCIATION, a foreign for profit corporation, and GOVERNMENT EMPLOYEES INSURANCE COMPANY, and alleges as follows: PARTIES JURISDICTION AND VENUE 1 This is an action for damages within the jurisdictional limits of this Court, to wit, in excess of $30,000.00, exclusive of interests and costs. 2 The Plaintiff LINDA NOLAN POTTER was at all times pertinent hereto a resident of Brevard County, Florida and is in all other respects sui juris. 3. tall times material hereto Defendant EMANUEL JACKSON was a resident of Brevard County, Florida or was a resident of the State of Florida at the time of the occurrence alleged herein and has since become a non-resident or is otherwise concealing her whereabouts. 4. That Defendant UNITED SERVICES AUTOMOBILE ASSOCIATION was Filing 122599176 VS 05-2021-CA-019085-XXXX-XX at all times material hereto a foreign corporation operating as an insurance company, licensed to do business in the State of Florida, and conducting business in Brevard County, Florida. 5 That Defendant GOVERNMENT EMPLOYEES INSURANCE COMPANY was at all times material hereto a foreign corporation operating as an insurance company, licensed to do business in the State of Florida, and conducting business in Brevard County, Florida. 6 Brevard County, Florida is the proper venue for this action as the subject crash occurred in Palm Bay, Brevard County, Florida and Plaintiff's insurance policy was also delivered in Brevard County, Florida. COUNTI PLAINTIFF’S CLAIM FOR MOTOR VEHICLE NEGLIGENCE AGAINST DEFENDANT EMANUEL JACKSON 7. Plaintiff hereby incorporates paragraphs 1-3 and paragraph 6 as if set forth fully herein. 8 That on or about December 7, 2020 Defendant EMANUEL JACKSON was the owner and operator of a 2014 Audi A4 motor vehicle bearing vehicle identification number WAUBFAFL4EN027658 which he was operating westbound on Malabar Road SE approximately 21 feet east of Interstate 95 in Palm Bay, Brevard County, Florida. 9 At the aforesaid time and place, Defendant, EMANUEL JACKSON negligent- ly operated the aforedescribed 2014 Audi motor vehicle so that it collided with the rear end of the 2004 Lexus motor vehicle in which Plaintiff LINDA NOLAN POTTER was occupying. 10. At the time and place stated above, Defendant, EMANUEL JACKSON was under a duty to drive safely and avoid causing harm to others and instead negligently oper- Filing 122599176 VS 05-2021-CA-019085-XXXX-XX ated said motor vehicle so that it violently collided with the rear of the vehicle in which Plaintiff LINDA NOLAN POTTER was occupying, directly and proximately causing inju- ries and damages to Plaintiff, LINDA NOLAN POTTER as hereinafter more particularly set forth. 11. As a direct and proximate result of the aforesaid negligence of the Defendant, EMANUEL JACKSON, Plaintiff, LINDA NOLAN HOWARD was severely, significantly and permanently injured within a reasonable degree of medical probability in and about her head, neck, ribs, back, pelvis, body, limbs, and nervous system; has been permanently and significantly scarred and/or disfigured; has incurred a significant and permanent loss of bodily functions; and, has suffered and aggravation of a pre-existing condition. As a fur- ther direct and proximate result of the Defendant’s EMANUEL JACKSON negligence, the Plaintiff, LINDA NOLAN POTTER has suffered extreme pain and suffering, disability, physical impairment, inconvenience, and loss of capacity for the enjoyment of life, and will so suffer these injuries in the future. As a further direct and proximate result of her inju- ties, Plaintiff has in the past and will in the future be obligated to pay large sums of money for doctor’s bills, hospital bills and others directly and indirectly related to expenses in an effort to alleviate her suffering and to cure his injuries. Plaintiff has in the past and will in the future be unable to lead and enjoy a normal life as a result of the injuries. All of Plaintiffs losses are either permanent or continuing and Plaintiff will suffer these losses in the future. WHEREFORE, Plaintiff LINDA NOLAN HOWARD demands judgment for dam- ages against Defendant’s EMANUEL JACKSON for damages in excess of $30,000.00 to- gether with costs and interest as allowed by law and demands trial by jury of all issues so triable as of right by a jury. Filing 122599176 VS 05-2021-CA-019085-XXXX-XX COUNT II UNINSURED/UNDERINSURED MOTORIST CLAIM AGAINST UNITED SERVICES AUTOMOBILE ASSOCIATION 12. Plaintiff hereby realleges paragraphs 1-11, as if fully set forth herein and further alleges. 13. A policy of automobile insurance including coverage required by the Florida Automobile Reparations Reform Act was issued by Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, bearing policy # 035297348U71011 and insuring the 2004 Lexus motor vehicle Plaintiff was occupying at the time of the aforesaid collision. Said policy was in full force and effect at the time of the collision which is the subject of this lawsuit. A copy of Plaintiff's insurance coverage detail is attached hereto and made a part hereof as Plaintiff's Exhibit “A”. Additionally, Defendant UNITED SERVICES AUTOMOBILE ASSOCIATION is in possession of the aforementioned policy in its entirety. 14. By issuing the aforementioned automobile policy insuring the automobile in which Plaintiff LINDA NOLAN POTTER was a lawful occupant, Defendant UNITED SERVICES AUTOMOBILE ASSOCIATION became a party to an automobile insurance contract which included a provision for uninsured/underinsured motorist benefits. 15. At the time and place of the motor vehicle collision that is the subject of this complaint, Plaintiff LINDA NOLAN POTTER was a legal occupant of the motor vehicle described in paragraph nine that was insured by Defendant UNITED SERVICES AUTOMOBILE ASSOCIATION. 16. At all times material to this cause of action, the tortfeasor EMANUEL JACKSON was underinsured. Filing 122599176 VS 05-2021-CA-019085-XXXX-XX 17. The Plaintiff LINDA NOLAN POTTER has complied with all terms and con- ditions of the aforesaid automobile policy and more particularly the terms and conditions of the uninsured/underinsured motorist section of the policy, and has performed all conditions precedent to filing this Complaint or has been excused from doing so by Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION. 18. That there is no dispute whether the insurance policy described in paragraph 13 provided uninsured/underinsured motorist coverage alleged herein. 19. As a direct and proximate result of the aforesaid negligence of the unin- sured/underinsured Defendant, EMANUEL JACKSON Plaintiff LINDA NOLAN POTTER was severely, significantly and permanently injured within a reasonable degree of medical probability in and about her head, neck, ribs, back, pelvis, body, limbs, and nerv- ous system; has been permanently and significantly scarred and/or disfigured; has incurred a significant and permanent loss of bodily functions; and, has suffered and aggravation of a pre-existing condition. As a further direct and proximate result of the Defendant EMANUEL JACKSON’S negligence, Plaintiff, LINDA NOLAN POTTER has suffered extreme pain and suffering, disability, physical impairment, inconvenience, and loss of ca- pacity for the enjoyment of life, and will so suffer these injuries in the future. As a further direct and proximate result of said injuries, Plaintiff has in the past and will in the future be obligated to pay large sums of money for doctor’s bills, hospital bills and others directly and indirectly related to expenses in an effort to alleviate her suffering and to cure her inju- ries. Plaintiff has in the past and will in the future be unable to lead and enjoy a normal life asa result of the injuries. All of the Plaintiff's losses are either permanent or continuing and Plaintiff will suffer these losses in the future. WHEREFORE, Plaintiff, LINDA NOLAN POTTER, sues and demands judgment Filing 122599176 VS 05-2021-CA-019085-XXXX-XX against the Defendant UNITED SERVICES AUTOMOBILE ASSOCIATION for general and special compensatory damages, together with costs and interest as allowed by law and demands trial by jury of all issues triable as of right by jury. ‘OUNT III UNINSURED/UNDERINSURED MOTORIST CLAIM AGAINST GOVERNMENT EMPLOYEES INSURANCE COMPANY 20. Plaintiff hereby realleges paragraphs 1-11, as if fully set forth herein and further alleges. 21. A policy of automobile insurance including coverage required by the Florida Automobile Reparations Reform Act was issued by Defendant, GOVERNMENT EMPLOYEES INSURANCE COMPANY bearing policy # 4425853597 and insuring the Plaintiff for injuries caused by uninsured and/or underinsured motorists. Said policy was in full force and effect at the time of the collision which is the subject of this lawsuit. A copy of Plaintiff's insurance coverage detail is attached hereto and made a part hereof as Plaintiff's Exhibit “B”. Additionally, Defendant GOVERNMENT EMPLOYEES INSURANCE COMPANY is in possession of the aforementioned policy in its entirety. 22. By issuing the aforementioned automobile policy insuring the automobile in which Plaintiff LINDA NOLAN POTTER was a lawful occupant, Defendant GOVERNMENT EMPLOYEES INSURANCE COMPANY became a party to an automobile insurance contract which included a provision for uninsured/underinsured motorist benefits. 23. Atall times material to this cause of action, the tortfeasor EMANUEL JACKSON was underinsured. 24. The Plaintiff LINDA NOLAN POTTER has complied with all terms and Filing 122599176 VS 05-2021-CA-019085-XXXX-XX conditions of the aforesaid automobile policy and more particularly the terms and conditions of the uninsured/underinsured motorist section of the policy, and has performed all conditions precedent to filing this Complaint or has been excused from doing so by Defendant, GOVERNMENT EMPLOYEES INSURANCE COMPANY. 25. There is no dispute whether the insurance policy described in paragraph 21 provided uninsured/underinsured motorist coverage alleged herein. 26. As a direct and proximate result of the aforesaid negligence of the unin- sured/underinsured Defendant, EMANUEL JACKSON Plaintiff LINDA NOLAN POTTER was severely, significantly and permanently injured within a reasonable degree of medical probability in and about her head, neck, ribs, back, pelvis, body, limbs, and nerv- ous system; has been permanently and significantly scarred and/or disfigured; has incurred a significant and permanent loss of bodily functions; and, has suffered and aggravation of a pre-existing condition. As a further direct and proximate result of the Defendant EMANUEL JACKSON’S negligence, Plaintiff, LINDA NOLAN POTTER has suffered extreme pain and suffering, disability, physical impairment, inconvenience, and loss of ca- pacity for the enjoyment of life, and will so suffer these injuries in the future. As a further direct and proximate result of said injuries, Plaintiff has in the past and will in the future be obligated to pay large sums of money for doctor’s bills, hospital bills and others directly and indirectly related to expenses in an effort to alleviate her suffering and to cure her injuries. Plaintiff has in the past and will in the future be unable to lead and enjoy a normal life as a result of the injuries. All of the Plaintiff's losses are either permanent or continu- ing and Plaintiff will suffer these losses in the future. WHEREFORE, Plaintiff, LINDA NOLAN HOWARD, sues and demands judgement against the Defendant GOVERNMENT EMPLOYEES INSURANCE COMPANY for Filing 122599176 VS 05-2021-CA-019085-XXXX-XX general and special compensatory damages, together with costs and interest as allowed by law and demands trial by jury of all issues triable as of right by jury. GILLIN GILLIN & LINDBAEK, P.A. Attorneys for Plaintiff 222 N. Harbor City Blvd. Melbourne, Florida 32935 Telephone: (321) 729-1444 By, /s/ Eric S. Gillin ERIC S. GILLIN Florida Bar No. 168629 Primary email: eric@brevardjustice.com Filing 122599176 VS 05-2021-CA-019085-XXXX-XX RECEIVED 12/24/2020 08: 326" 3217299933 GG&L | 12/24/28 @7:35:13 USA Fax Server 2 > 3217299933 USAA Prod RFC Page 885 (RECIPROCAL INTERINSURANCE | Stale] 02 03 04 05, ve POUCY NUMBER . USAR’ 9800 Fredericksburg Road - San Antonio, Texas 78288 FL 210210410410) ter] 03529 73 48U 7101 1 FLORIDA AUTO POLICY PERIOD: Mt AM. standard time RENEWAL DECLARATIONS Cc ATTACH TO PREVIOUS POLICY) OPERATORS Named Insured and Address 01 FRANK H LOUISELL FRANK H LOUISELL CPO USN RET PO BOX 504 MELBOURNE FL 32902-0504 Description of Vehicle(s) VEN USE] WORST VEH|YEAR TRADE NAME 00. BODY TYPE Sea: IDENTIFICATION NUMBER 02} 07) FORD CROWN VIC 4D 100 2FAFP71W37X137498 03} 06} FORD MUSTANG GT CONV 500 AZVHT85H565125673 04} 16) RAM 1500 CRW SPT] 4D 8000 LC6RREMTSGS306492 05} 04] LEXUS Ls 430 4D 4D 10000 JTHEN36F340150373 [The Vehicle(s) described herein is principally garaged at the above address unlass otherwise stated. « WO-WaidSchoo, B-e.snees: Fafa P=Pleasse VEH 02 MELBOURNE FL 32901-4724 VEH 04 MELBOURNE FL 32901-4724 ah iP aiay pat Be aaa teyaate of th VEH 03 MELBOURNE FL 32901-4724 VEH 05 MELBOURNE FL 32901-4724 those. overal Timits” show: Hicy provisions @ number o VEH VEH VEH COVERAGES LIMITS OF LIABILITY 02 6-MONTH 103 6-MONTH j04¢ 6-MONTH |05 6-MONTH "ACV" MEAN: D=DED | PREMIUM O=DED | PREMIUM | D=0ER | PREMIUM [O=DED | PREMUM AMOUNT! $ AMOUNT) 3 JOUNT 3. MOUNT] $ ISTORED VEH-REDUCED LIMITS APPLY, IF DRIVEN STORED PART A - LIABILITY BODILY INJURY EA PER $ 50,009 EA ACC $ 100, 00g 112 57 29.0 136.38 108 86 PROPERTY DAMAGE EA ACC $ 50,004 4l 93) 11.5 60.89 48 81 PART B - MEDICAL PAYMENTS EA PER $ 1,009 5] 1.2 8.08 121 17 PART B - PERSONAL INJURY PROTECTION MAXIMUM BENEFITS $10,000 DEDUCTIBLE APPLIES TO NAMED INSD/RESIDENT RELATIVE |D100Q 43 83D1006) 13,.19p1609 43.90D1009 54 52 PART C - UNINSURED MOTORISTS STACKED BODILY INJURY EA PER $ 50,009 EA ACC $ 100,009 103 74 15.5 158.96 167 34 IPART D ~ PHYSICAL DAMAGE COVERAGE COMPREHENSIVE LOSS ACV LESS |D1000 15 47D1000} 12.1 L000 30.88D1000 33 64 COLLISION LOSS ACV LESS ID1000 43 67D1000! 20.9 1000 84.79D1000 71 08 TOTAL PREMIUM - SEE FOLLOWING PAGE(S) JENDORSEMENTS: ADDED 08-06-20 - A200FL(01) IREMAIN IN EFFECT(REFER TO PREVIOUS POLICY) ~ ACCFOR (01) A402FL (02) A155FL(01)-STORAGE RSGPFL(01) 5100FL(02) INFORMATION FORMS: 535FL(03) S5OFL (06) AGNA (01) 663FL(04) 999FL (03) 32 ihe Aas poop oLTL i . Eps. xoms spoopoll Kt ue 4[ L nums 6boobol | [TTT RD. 5, xmmsepoopol TTT TT] ASSOCIATION have caused these presents to be signedby their Attorney-in-Fact on this date JUNE 19, 2020 COUNTERSIGNED BY President, USAA fore Attomey-in-Fact, inc. 5000 U 07-11 Ce CAI cad 030 346 1 7-44 § PLAINTIFF'S oP 1119caadbids0 Filing 122599176 VS 05-202] i STATEMENT OF INSURANCE DISt_JSURE STATE OF FLORIDA POLK COUNTY: ss |, Matthew Green, Claims Manager of GEICO General Insurance Company, Incorporated under the laws of the State of Maryland, do hereby certify that policy number 4425853597, issued to Linda Potter effective 08/04/2020 thru 02/04/2021, afforded the following coverage: Coverage for losses sustained by anyone other than an insured is limited to: Bodily Injury $10,000.00 per person / $20,000.00 per occurrence Property Damage (Includes Loss of Use) $25,000.00 Coverage for losses sustained by an insured: Uninsured Motorist Non-Stacked $10,000.00 per person / $20,000.00 per occurrence Personal Injury Protection $1000 Deductible, applies to Named Insured only, work loss excluded for Named Insured only Additional Personal Injury Protection Not Applicable Medical Payments Coverage Not Applicable Collision Not Applicable Comprehensive Not Applicable Rental Reimbursement Not Applicable ERS Not Applicable MBI Not Applicable on the following vehicle: 2011 NISSAN VERSA, VIN 3N1BC1AP8BL399380, during the above policy period. Number of Listed Vehicles: Not Applicable Policy and Coverage Defenses Known Are: None Known At This Time Additional Insurance Coverage: None Known To GEICO General Insurance Company At This Time Additional Insured(s) Under Section |, Liability Coverage: None Known At This Time Pursuant to Fla. Stat. 92.525(1)(c), under penalties of perjury, | declare that | have read the foregoing Statement of Insurance Disclosure and that the facts stated in it are true. ZILLLZ Claims Manager Adjuster: Toria Bixler Claim Number: 055435303 0000 001 Filing 122599176 VS 05-202 Bg rons