Preview
25-CV-22-523
Filed in District Court
State of Minnesota
3/21/2022 3:10 PM
STATE OF MINNESOTA IN DISTRICT COURT
COUNTY OF GOODHUE FIRST JUDICIAL DISTRICT
CASE TYPE: Property Damage
COURT FILE NO.:
RAM Mutual Insurance Company,
a Minnesota corporation, as subrogee of
Patrick McNamara and Mary Jo McNamara,
Plaintiff,
vs. COMPLAINT
Adina Rae WhitecIoud,
Defendant.
Comes now the above-named Plaintiff and for its Complaint in the above matter, states and
alleges as follows:
I.
That the Plaintiff, RAM Mutual Insurance Company, is an insurance company organized and
licensed under Minnesota law, with an address of l6 E. Highway 61, Esko, Minnesota.
II.
That, Plaintiff’s insureds, Patrick and Mary J0 McNamara, reside at 36623 County 47 Boulevard,
Goodhue, County of Goodhue, State of Minnesota, and that some or all of the above-captioned matter
arose in Goodhue County, Minnesota.
III.
On August l9, 2019, at approximately 3:30 p.m., Adina Rae Whitecloud was driving a 2016
Lincoln northbound on County 6 Boulevard in Zumbrota Township, Goodhue County, Minnesota.
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25-CV-22-523
Filed in District Court
State of Minnesota
3/21/2022 3:10 PM
IV.
Adina Rae Whitecloud while traveling northbound 0n County 6 Boulevard in Zumbrota
Township, Goodhue County, Minnesota, followed too closely and rear ended/struck the 2016 Buick
Enclave driven by Mary Jo McNamara.
V.
Deputy James Goharn of the Goodhue County Sheriff’s Office determined that Adina Rae
Whitecloud did not have active insurance on her vehicle, that she was suspended in Wisconsin, and only
had an identification card in Minnesota, at the time of the accident on August l9, 2019. Accordingly,
Officer Goham issued citations to Adina Rae Whitecloud for both of these violations.
VI.
At said place and time, and as a result of the carelessness, negligence and inattentive driving of
Defendant Whitecloud, in the operation of her motor vehicle, there was a collision. Said accident was
due, in whole or in part, to Defendant Whitecloud’s negligent, careless and inattentive operation,
maintenance and/or use and/or supervision in the use of a motor vehicle.
VII.
At the time of the motor vehicle accident, on August l9, 2019, Plaintiff RAM Mutual Insurance
Company (hereafter “‘RAM”) insured the McNamaras’ motor vehicle.
VIII.
That as a result of the afore-described motor vehicle accident, RAM paid Patrick and Mary Jo
McNamara in accordance with its insurance contract with them, the amount of Five Thousand Nine
Hundred Twenty-two and 27/100 Dollars ($5,922.27), which includes the McNamaras’ deductible of
Five Hundred and 00/100 Dollars ($500.00). Plaintiff is now subrogated to the McNamaras’ rights
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25-CV-22-523
Filed in District Court
State of Minnesota
3/21/2022 3:10 PM
against third parties, in the amount of Five Thousand Nine Hundred Twenty-two and 27/100 Dollars
($5,922.27).
WHEREFORE, Plaintiff prays for a judgment and decree in this Court as follows:
l. For an award of reimbursement of its payment to Patrick and Mary Jo McNamara in the
amount of Five Thousand Nine Hundred Twenty—two and 27/ 100 Dollars ($5,922.27).
2. For an award of costs, disbursements, and attorney’s fees (if applicable) incurred by
Plaintiff, RAM Mutual Insurance Company, in bringing this action.
3. For such other and further relief as the Court may deem just, fair and equitable in the
premises.
Dated this 25th day of June 2021.
WILLENBRING, DAHL,
WOCKEN & ZIMMERMANN, PLLC
/s/ John J. Neal
John J. Neal (#0387473)
Attorneys for Plaintiff
RAM Mutual Insurance Company
318 Main Street; P.O. Box 417
Cold Spring, MN 56320—0417
Telephone: (320) 685-3678
ineal@willenbringcom
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25-CV-22-523
Filed in District Court
State of Minnesota
3/21/2022 3:10 PM
ACKNOWLEDGMENT
The undersigned hereby acknowledges that sanctions may be awarded pursuant to M.S.A.
§549.21 1, to the party against whom the allegations in this pleading are asserted.
Pursuant to Minn. Stat. § 543.22, all civil cases are subject to Alternative Dispute Resolution
(ADR) processes, with certain exceptions, pursuant to Rule 114 Minnesota General Rules of Practice.
Further information regarding ADR is available from the court administrator.
Dated this 25th day of June 2021.
WILLENBRING, DAHL,
WOCKEN & ZIMMERMANN, PLLC
/s/ John J. Neal
John J. Neal (#0387473)
Attorneys for Plaintiff
RAM Mutual Insurance Company
318 Main Street; P.O. Box 417
Cold Spring, MN 56320-0417
Telephone: (320) 685-3678
meauwwnlenbring
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#1 100—E46
Preview
25-CV-22-523 Filed in District Court State of Minnesota 3/21/2022 3:10 PM STATE OF MINNESOTA IN DISTRICT COURT COUNTY OF GOODHUE FIRST JUDICIAL DISTRICT CASE TYPE: Property Damage COURT FILE NO.: RAM Mutual Insurance Company, a Minnesota corporation, as subrogee of Patrick McNamara and Mary Jo McNamara, Plaintiff, vs. COMPLAINT Adina Rae WhitecIoud, Defendant. Comes now the above-named Plaintiff and for its Complaint in the above matter, states and alleges as follows: I. That the Plaintiff, RAM Mutual Insurance Company, is an insurance company organized and licensed under Minnesota law, with an address of l6 E. Highway 61, Esko, Minnesota. II. That, Plaintiff’s insureds, Patrick and Mary J0 McNamara, reside at 36623 County 47 Boulevard, Goodhue, County of Goodhue, State of Minnesota, and that some or all of the above-captioned matter arose in Goodhue County, Minnesota. III. On August l9, 2019, at approximately 3:30 p.m., Adina Rae Whitecloud was driving a 2016 Lincoln northbound on County 6 Boulevard in Zumbrota Township, Goodhue County, Minnesota. Page 3 #1 100—1346 25-CV-22-523 Filed in District Court State of Minnesota 3/21/2022 3:10 PM IV. Adina Rae Whitecloud while traveling northbound 0n County 6 Boulevard in Zumbrota Township, Goodhue County, Minnesota, followed too closely and rear ended/struck the 2016 Buick Enclave driven by Mary Jo McNamara. V. Deputy James Goharn of the Goodhue County Sheriff’s Office determined that Adina Rae Whitecloud did not have active insurance on her vehicle, that she was suspended in Wisconsin, and only had an identification card in Minnesota, at the time of the accident on August l9, 2019. Accordingly, Officer Goham issued citations to Adina Rae Whitecloud for both of these violations. VI. At said place and time, and as a result of the carelessness, negligence and inattentive driving of Defendant Whitecloud, in the operation of her motor vehicle, there was a collision. Said accident was due, in whole or in part, to Defendant Whitecloud’s negligent, careless and inattentive operation, maintenance and/or use and/or supervision in the use of a motor vehicle. VII. At the time of the motor vehicle accident, on August l9, 2019, Plaintiff RAM Mutual Insurance Company (hereafter “‘RAM”) insured the McNamaras’ motor vehicle. VIII. That as a result of the afore-described motor vehicle accident, RAM paid Patrick and Mary Jo McNamara in accordance with its insurance contract with them, the amount of Five Thousand Nine Hundred Twenty-two and 27/100 Dollars ($5,922.27), which includes the McNamaras’ deductible of Five Hundred and 00/100 Dollars ($500.00). Plaintiff is now subrogated to the McNamaras’ rights Page 4 #1 100—E46 25-CV-22-523 Filed in District Court State of Minnesota 3/21/2022 3:10 PM against third parties, in the amount of Five Thousand Nine Hundred Twenty-two and 27/100 Dollars ($5,922.27). WHEREFORE, Plaintiff prays for a judgment and decree in this Court as follows: l. For an award of reimbursement of its payment to Patrick and Mary Jo McNamara in the amount of Five Thousand Nine Hundred Twenty—two and 27/ 100 Dollars ($5,922.27). 2. For an award of costs, disbursements, and attorney’s fees (if applicable) incurred by Plaintiff, RAM Mutual Insurance Company, in bringing this action. 3. For such other and further relief as the Court may deem just, fair and equitable in the premises. Dated this 25th day of June 2021. WILLENBRING, DAHL, WOCKEN & ZIMMERMANN, PLLC /s/ John J. Neal John J. Neal (#0387473) Attorneys for Plaintiff RAM Mutual Insurance Company 318 Main Street; P.O. Box 417 Cold Spring, MN 56320—0417 Telephone: (320) 685-3678 ineal@willenbringcom Page 5 #1 100—E46 25-CV-22-523 Filed in District Court State of Minnesota 3/21/2022 3:10 PM ACKNOWLEDGMENT The undersigned hereby acknowledges that sanctions may be awarded pursuant to M.S.A. §549.21 1, to the party against whom the allegations in this pleading are asserted. Pursuant to Minn. Stat. § 543.22, all civil cases are subject to Alternative Dispute Resolution (ADR) processes, with certain exceptions, pursuant to Rule 114 Minnesota General Rules of Practice. Further information regarding ADR is available from the court administrator. Dated this 25th day of June 2021. WILLENBRING, DAHL, WOCKEN & ZIMMERMANN, PLLC /s/ John J. Neal John J. Neal (#0387473) Attorneys for Plaintiff RAM Mutual Insurance Company 318 Main Street; P.O. Box 417 Cold Spring, MN 56320-0417 Telephone: (320) 685-3678 meauwwnlenbring Page 6 #1 100—E46