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LaPorte Superior Court 2 Filed: 12/7/2023 11:38 AM
Clerk
LaPorte County, Indiana
STATE OF INDIANA ) IN THE LAPORTE SUPERIOR COURT
COUNTY OF LAPORTE SITTING AT MICHIGAN CITY, INDIANA
CHARMAINE ESHELMAN, )
)
Plaintiff, )
46D02-2312-CT-002286
)
vs. CAUSE NO.: 46D02 CT-
)
CHARLES ACKERSON )
and AUTOCLUB GROUP )
INSURANCE COMPANY, )
)
Defendants.
COMPLAINT
Comes now Plaintiffi by counsel, for her cause of action against the Defendants,
and alleges and states:
Count I
1. That Plaintiff, at all times relevant herein, is/was a resident of LaPorte
County, Indiana.
2. That on or about the 10th day of December 2021 Plaintiff, Charmaine
Eshelman, was operating a 2013 Chrysler 200 automobile in an easterly direction on West
18'" Street, at'or near its intersection with State Road 39, in La Porte, LaPorte County,
Indiana.
3. That at said time and place, Defendant Charles Ackerson, was operating a
2011 Nissan Frontier in a northerly direction on State Road 39, at or near its intersection
with West 18th Street, in La Porte, La Porte County, Indiana.
4. That Defendant Charles Ackerson thereon, carelessly, negligently and
recklessly operated his automobile in that, including without limitation, he: failed to keep
a proper lookout, failed to keep his vehicle under proper control, failed to yield the right of
way, failed to stop in obeyance of a stop or yield sign, failed to operate at an appropriately
reduced speed at an intersection, failed to warn by sounding his horn, and failed to avoid a
collision by turning to the right or left, thereby colliding with the Plaintiff s motor vehicle.
5. That as a direct and proximate result of Defendant Charles Ackerson's
careless, negligent, and reckless acts, as heretofore described, the collision occurred and
Plaintiff sustained, and may continue to sustain, damages, including Without limitation:
personal injury and, as a result, physical pain and mental suffering; pecuniary losses,
including medical expenses, property damage and the cost of rental car coverage; and lost
enjoyment of life.
WHEREFORE, Plaintiff demands judgment against the Defendant, in such sum as
deemed just and reasonable, for the cost of this action and for all other just and proper
relief.
Respectfully submitted,
HARPER D HARPER
'
By:
T. HARPER
Attome No. 20159-64
304 W. S Highway 6, Suite A
Valparaiso, 1N 463 85
Telephone: {219) 762-9538
haroldfizharperattorney5.00m
Attorney for Plaintiff
Count II
6. That Plaintiff incorporates by reference all preceding paragraphs.
7. That Defendant Auto Club Group Insurance Company issued a policy of
automobile insurance, on information and belief policy number AUTO81957519, insuring
Plaintiff's 2013 Chrysler automobile, said policy, which was in force and effect on
December 10, 2021; a copy of the atissue policy and Declarations page is attached hereto
and marked as Exhibit 1.
8. That pursuant to said contract of insurance, Defendant Auto Club Group
Insurance Company agreed to pay Plaintiff any and all sums she was legally entitled to
recover as a result of the negligence of an uninsured motorist.
9. That at all times relevant herein, Defendant Charles Ackerson was an
uninsured motorist.
10. =
That because the damages sustained by Plaintiff resulted from the
negligence of Defendant Charles Ackerson, an uninsured motorist, Defendant Auto Club
Group Insurance Company is liable to Plaintiff for said damages, pursuant to the terms of
the aforementioned contract of insurance.
11. That Plaintiff has performed all conditions precedent to recover under the
contract and has not excused Defendant's non-performance.
WI-IEREFORE, Plaintiff demands judgement against Defendant Auto Club Group
Insurance Company in such sum as deemed just and reasonable, for costs, and for all other
just and proper relief.
Respectfiilly submitted,
HARPER AND HARPER
By (h
HAReL T. HARPER
Attorney o. 2015964
304 W. US Highway 6, Suite A
Valparaiso, IN 46385
Telephone: (219) 762-95 3 8
harold@hamerattomevs.com
Attorney for Plaintiff
JURY DEMAND
Comes now Plaintiff, by counsel, and demands trial by jLlry in the above entitled
cause of action.
Respectfully submitted,
HARPER RPER
By:
lb T. HARPER
Attome o. 20159-64
304 W. Highway 6, Suite A
Valparaiso, IN 46385
Telephone: (219) 762-9538
harold@harpcrattornevs.com
Attorney for Plaintiff
4
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LaPorte Superior Court 2 Filed: 12/7/2023 11:38 AM Clerk LaPorte County, Indiana STATE OF INDIANA ) IN THE LAPORTE SUPERIOR COURT COUNTY OF LAPORTE SITTING AT MICHIGAN CITY, INDIANA CHARMAINE ESHELMAN, ) ) Plaintiff, ) 46D02-2312-CT-002286 ) vs. CAUSE NO.: 46D02 CT- ) CHARLES ACKERSON ) and AUTOCLUB GROUP ) INSURANCE COMPANY, ) ) Defendants. COMPLAINT Comes now Plaintiffi by counsel, for her cause of action against the Defendants, and alleges and states: Count I 1. That Plaintiff, at all times relevant herein, is/was a resident of LaPorte County, Indiana. 2. That on or about the 10th day of December 2021 Plaintiff, Charmaine Eshelman, was operating a 2013 Chrysler 200 automobile in an easterly direction on West 18'" Street, at'or near its intersection with State Road 39, in La Porte, LaPorte County, Indiana. 3. That at said time and place, Defendant Charles Ackerson, was operating a 2011 Nissan Frontier in a northerly direction on State Road 39, at or near its intersection with West 18th Street, in La Porte, La Porte County, Indiana. 4. That Defendant Charles Ackerson thereon, carelessly, negligently and recklessly operated his automobile in that, including without limitation, he: failed to keep a proper lookout, failed to keep his vehicle under proper control, failed to yield the right of way, failed to stop in obeyance of a stop or yield sign, failed to operate at an appropriately reduced speed at an intersection, failed to warn by sounding his horn, and failed to avoid a collision by turning to the right or left, thereby colliding with the Plaintiff s motor vehicle. 5. That as a direct and proximate result of Defendant Charles Ackerson's careless, negligent, and reckless acts, as heretofore described, the collision occurred and Plaintiff sustained, and may continue to sustain, damages, including Without limitation: personal injury and, as a result, physical pain and mental suffering; pecuniary losses, including medical expenses, property damage and the cost of rental car coverage; and lost enjoyment of life. WHEREFORE, Plaintiff demands judgment against the Defendant, in such sum as deemed just and reasonable, for the cost of this action and for all other just and proper relief. Respectfully submitted, HARPER D HARPER ' By: T. HARPER Attome No. 20159-64 304 W. S Highway 6, Suite A Valparaiso, 1N 463 85 Telephone: {219) 762-9538 haroldfizharperattorney5.00m Attorney for Plaintiff Count II 6. That Plaintiff incorporates by reference all preceding paragraphs. 7. That Defendant Auto Club Group Insurance Company issued a policy of automobile insurance, on information and belief policy number AUTO81957519, insuring Plaintiff's 2013 Chrysler automobile, said policy, which was in force and effect on December 10, 2021; a copy of the atissue policy and Declarations page is attached hereto and marked as Exhibit 1. 8. That pursuant to said contract of insurance, Defendant Auto Club Group Insurance Company agreed to pay Plaintiff any and all sums she was legally entitled to recover as a result of the negligence of an uninsured motorist. 9. That at all times relevant herein, Defendant Charles Ackerson was an uninsured motorist. 10. = That because the damages sustained by Plaintiff resulted from the negligence of Defendant Charles Ackerson, an uninsured motorist, Defendant Auto Club Group Insurance Company is liable to Plaintiff for said damages, pursuant to the terms of the aforementioned contract of insurance. 11. That Plaintiff has performed all conditions precedent to recover under the contract and has not excused Defendant's non-performance. WI-IEREFORE, Plaintiff demands judgement against Defendant Auto Club Group Insurance Company in such sum as deemed just and reasonable, for costs, and for all other just and proper relief. Respectfiilly submitted, HARPER AND HARPER By (h HAReL T. HARPER Attorney o. 2015964 304 W. US Highway 6, Suite A Valparaiso, IN 46385 Telephone: (219) 762-95 3 8 harold@hamerattomevs.com Attorney for Plaintiff JURY DEMAND Comes now Plaintiff, by counsel, and demands trial by jLlry in the above entitled cause of action. Respectfully submitted, HARPER RPER By: lb T. HARPER Attome o. 20159-64 304 W. Highway 6, Suite A Valparaiso, IN 46385 Telephone: (219) 762-9538 harold@harpcrattornevs.com Attorney for Plaintiff 4