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Filing # 189021807 E-Filed 01/03/2024 03:25:46 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL DIVISION
VERONICA PATRICIA MYERS, Individually,
and as parent and guardian of minors, E.M. and B.M.
CASE NO.:
Plaintiffs,
vs.
GEICO GENERAL INSURANCE COMPANY,
Defendant. /
COMPLAINT AND DEMAND FOR JURY TRIAL
COMES NOW the Plaintiffs, VERONICA PATRICIA MYERS, individually, and as
parent and guardian of minors, E.M. and B.M., by and through the undersigned counsel, and sues
the Defendant, GEICO GENERAL INSURANCE COMPANY (hereinafter “GEICO”), and
alleges:
1. This is an action for uninsured motorist benefits and damages that exceed Fifty Thousand
Dollars ($50,000.00), exclusive of costs and interest.
2. Upon information and belief, at all times herein mentioned, the Defendant, GEICO, was
and still is a foreign profit corporation, duly organized and existing under and by the
virtue of the laws of the State of Nebraska and duly authorized and licensed to write and
issue insurance policies in the State of Florida, with agents located in Lee County,
Florida.
3. Prior to April 10, 2022, Defendant, GEICO, issued and delivered to Plaintiff an
automobile insurance policy which included in its provisions uninsured motorist benefits
of $25,000/$50,000 per accident, non-stacked, under Policy Number 6050032694. A copy
of the Declarations Page is attached hereto as Exhibit “A”.
4. At all times mentioned, Plaintiff, VERONICA PATRICIA MYERS, was a named insured
under the above-described policy of insurance and as such is entitled to uninsured
motorist coverage.
eFiled Lee County Clerk of Courts Page 1
5. On or about April 10, 2022, while said policy was in full force and effect, underinsured
motorist, Abraham H. Silva, operated a motor vehicle on Joel Blvd. near the intersection
of E 5th St., Lee County, Florida.
6. At that time and place, uninsured motorist, Abraham H. Silva, negligently operated
and/or maintained said motor vehicle so that it caused a collision with the motor vehicle
which Plaintiff, VERONICA PATRICIA MYERS, was driving, causing severe personal
injury to Plaintiffs, VERONICA PATRICIA MYERS, individually, and minors, E.M. and
B.M., as hereinafter described.
7. Plaintiff, VERONICA PATRICIA MYERS, has notified Defendant of the underinsured
motorist claim and has otherwise performed all conditions precedent to entitle her to
recover under the policy.
COUNT I – VERONICA PATRICIA MYERS vs. GEICO
Plaintiff realleges paragraphs one (1) through seven (7) as if fully set forth herein and
further alleges:
8. As a direct and proximate result of the subject incident, Plaintiff, VERNOICA PATRICIA
MYERS, suffered bodily injury and resulting pain and suffering, disability,
disfigurement, mental anguish, exacerbation of a previously existing condition, loss of
capacity for the enjoyment of life, and expense of hospitalization, medical care and
treatment, loss of earnings, loss of ability to earn money and aggravation of a previously
existing condition. These losses are permanent and continuing in nature and Plaintiff,
VERONICA PATRICIA MYERS, will suffer such losses in the future.
9. Underinsured motorist, Abraham H. Silva, failed to carry adequate liability insurance on
his motor vehicle involved in the subject motor vehicle accident. As a result, Plaintiff,
VERONICA PATICIA MYERS, is entitled to uninsured motorist benefits from
Defendant, GEICO.
WHEREFORE, Plaintiff, VERONICA PATRICIA MYERS, sues the Defendant, GEICO
GENERAL INSURANCE COMPY, under the uninsured motorist provisions of said policy
for damages in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of
costs and interest, and demands a trial by jury of all issues triable as of right by jury.
eFiled Lee County Clerk of Courts Page 2
COUNT II – VERONICA PATRICIA MYERS as parent and guardian of minor,
E.M. vs. GEICO
Plaintiff realleges paragraphs one (1) through seven (7) as if fully set forth herein and
further alleges:
10. As a direct and proximate result of the subject incident, Plaintiff, VERNOICA PATRICIA
MYERS, as parent and guardian of minor, E.M., suffered bodily injury and resulting pain
and suffering, disability, disfigurement, mental anguish, exacerbation of a previously
existing condition, loss of capacity for the enjoyment of life, and expense of
hospitalization, medical care and treatment, loss of earnings, loss of ability to earn money
and aggravation of a previously existing condition. These losses are permanent and
continuing in nature and Plaintiff, VERONICA PATRICIA MYERS, as parent and
guardian of minor, E.M., will suffer such losses in the future.
11. Underinsured motorist, Abraham H. Silva, failed to carry adequate liability insurance on
his motor vehicle involved in the subject motor vehicle accident. As a result, Plaintiff,
VERONICA PATICIA MYERS, as parent and guardian of minor E.M., is entitled to
uninsured motorist benefits from Defendant, GEICO.
WHEREFORE, Plaintiff, VERONICA PATRICIA MYERS, as parent and guardian of minor,
E.M., sues the Defendant, GEICO GENERAL INSURANCE COMPY, under the uninsured
motorist provisions of said policy for damages in an amount in excess of Fifty Thousand
Dollars ($50,000.00), exclusive of costs and interest, and demands a trial by jury of all issues
triable as of right by jury.
COUNT III – VERONICA PATRICIA MYERS as parent and guardian of minor,
B.M. vs. GEICO
Plaintiff realleges paragraphs one (1) through seven (7) as if fully set forth herein and
further alleges:
12. As a direct and proximate result of the subject incident, Plaintiff, VERNOICA PATRICIA
MYERS, as parent and guardian of minor, B.M., suffered bodily injury and resulting pain
and suffering, disability, disfigurement, mental anguish, exacerbation of a previously
existing condition, loss of capacity for the enjoyment of life, and expense of
hospitalization, medical care and treatment, loss of earnings, loss of ability to earn money
eFiled Lee County Clerk of Courts Page 3
and aggravation of a previously existing condition. These losses are permanent and
continuing in nature and Plaintiff, VERONICA PATRICIA MYERS, as parent and
guardian of minor, B.M., will suffer such losses in the future.
13. Underinsured motorist, Abraham H. Silva, failed to carry adequate liability insurance on
his motor vehicle involved in the subject motor vehicle accident. As a result, Plaintiff,
VERONICA PATICIA MYERS, as parent and guardian of minor B.M., is entitled to
uninsured motorist benefits from Defendant, GEICO.
WHEREFORE, Plaintiff, VERONICA PATRICIA MYERS, as parent and guardian of minor,
B.M., sues the Defendant, GEICO GENERAL INSURANCE COMPY, under the uninsured
motorist provisions of said policy for damages in an amount in excess of Fifty Thousand
Dollars ($50,000.00), exclusive of costs and interest, and demands a trial by jury of all issues
triable as of right by jury.
GOLDSTEIN, BUCKLEY, CECHMAN,
RICE & PURTZ, P.A.
Attorneys for Plaintiff
Post Office Box 2366
Fort Myers, Florida 33902
(239) 334-1146 (Telephone)
(239) 334-3039 (Facsimile)
By: /s/ Eve T.K. Volkmann
Eve T.K. Volkmann
Florida Bar No.: 1018296
etv@gbclaw.com
etvservice@gbclaw.com
eFiled Lee County Clerk of Courts Page 4
EXHIBIT “A”
eFiled Lee County Clerk of Courts Page 5
eFiled Lee County Clerk of Courts Page 6
eFiled Lee County Clerk of Courts Page 7
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Filing # 189021807 E-Filed 01/03/2024 03:25:46 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CIVIL DIVISION VERONICA PATRICIA MYERS, Individually, and as parent and guardian of minors, E.M. and B.M. CASE NO.: Plaintiffs, vs. GEICO GENERAL INSURANCE COMPANY, Defendant. / COMPLAINT AND DEMAND FOR JURY TRIAL COMES NOW the Plaintiffs, VERONICA PATRICIA MYERS, individually, and as parent and guardian of minors, E.M. and B.M., by and through the undersigned counsel, and sues the Defendant, GEICO GENERAL INSURANCE COMPANY (hereinafter “GEICO”), and alleges: 1. This is an action for uninsured motorist benefits and damages that exceed Fifty Thousand Dollars ($50,000.00), exclusive of costs and interest. 2. Upon information and belief, at all times herein mentioned, the Defendant, GEICO, was and still is a foreign profit corporation, duly organized and existing under and by the virtue of the laws of the State of Nebraska and duly authorized and licensed to write and issue insurance policies in the State of Florida, with agents located in Lee County, Florida. 3. Prior to April 10, 2022, Defendant, GEICO, issued and delivered to Plaintiff an automobile insurance policy which included in its provisions uninsured motorist benefits of $25,000/$50,000 per accident, non-stacked, under Policy Number 6050032694. A copy of the Declarations Page is attached hereto as Exhibit “A”. 4. At all times mentioned, Plaintiff, VERONICA PATRICIA MYERS, was a named insured under the above-described policy of insurance and as such is entitled to uninsured motorist coverage. eFiled Lee County Clerk of Courts Page 1 5. On or about April 10, 2022, while said policy was in full force and effect, underinsured motorist, Abraham H. Silva, operated a motor vehicle on Joel Blvd. near the intersection of E 5th St., Lee County, Florida. 6. At that time and place, uninsured motorist, Abraham H. Silva, negligently operated and/or maintained said motor vehicle so that it caused a collision with the motor vehicle which Plaintiff, VERONICA PATRICIA MYERS, was driving, causing severe personal injury to Plaintiffs, VERONICA PATRICIA MYERS, individually, and minors, E.M. and B.M., as hereinafter described. 7. Plaintiff, VERONICA PATRICIA MYERS, has notified Defendant of the underinsured motorist claim and has otherwise performed all conditions precedent to entitle her to recover under the policy. COUNT I – VERONICA PATRICIA MYERS vs. GEICO Plaintiff realleges paragraphs one (1) through seven (7) as if fully set forth herein and further alleges: 8. As a direct and proximate result of the subject incident, Plaintiff, VERNOICA PATRICIA MYERS, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, exacerbation of a previously existing condition, loss of capacity for the enjoyment of life, and expense of hospitalization, medical care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. These losses are permanent and continuing in nature and Plaintiff, VERONICA PATRICIA MYERS, will suffer such losses in the future. 9. Underinsured motorist, Abraham H. Silva, failed to carry adequate liability insurance on his motor vehicle involved in the subject motor vehicle accident. As a result, Plaintiff, VERONICA PATICIA MYERS, is entitled to uninsured motorist benefits from Defendant, GEICO. WHEREFORE, Plaintiff, VERONICA PATRICIA MYERS, sues the Defendant, GEICO GENERAL INSURANCE COMPY, under the uninsured motorist provisions of said policy for damages in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of costs and interest, and demands a trial by jury of all issues triable as of right by jury. eFiled Lee County Clerk of Courts Page 2 COUNT II – VERONICA PATRICIA MYERS as parent and guardian of minor, E.M. vs. GEICO Plaintiff realleges paragraphs one (1) through seven (7) as if fully set forth herein and further alleges: 10. As a direct and proximate result of the subject incident, Plaintiff, VERNOICA PATRICIA MYERS, as parent and guardian of minor, E.M., suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, exacerbation of a previously existing condition, loss of capacity for the enjoyment of life, and expense of hospitalization, medical care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. These losses are permanent and continuing in nature and Plaintiff, VERONICA PATRICIA MYERS, as parent and guardian of minor, E.M., will suffer such losses in the future. 11. Underinsured motorist, Abraham H. Silva, failed to carry adequate liability insurance on his motor vehicle involved in the subject motor vehicle accident. As a result, Plaintiff, VERONICA PATICIA MYERS, as parent and guardian of minor E.M., is entitled to uninsured motorist benefits from Defendant, GEICO. WHEREFORE, Plaintiff, VERONICA PATRICIA MYERS, as parent and guardian of minor, E.M., sues the Defendant, GEICO GENERAL INSURANCE COMPY, under the uninsured motorist provisions of said policy for damages in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of costs and interest, and demands a trial by jury of all issues triable as of right by jury. COUNT III – VERONICA PATRICIA MYERS as parent and guardian of minor, B.M. vs. GEICO Plaintiff realleges paragraphs one (1) through seven (7) as if fully set forth herein and further alleges: 12. As a direct and proximate result of the subject incident, Plaintiff, VERNOICA PATRICIA MYERS, as parent and guardian of minor, B.M., suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, exacerbation of a previously existing condition, loss of capacity for the enjoyment of life, and expense of hospitalization, medical care and treatment, loss of earnings, loss of ability to earn money eFiled Lee County Clerk of Courts Page 3 and aggravation of a previously existing condition. These losses are permanent and continuing in nature and Plaintiff, VERONICA PATRICIA MYERS, as parent and guardian of minor, B.M., will suffer such losses in the future. 13. Underinsured motorist, Abraham H. Silva, failed to carry adequate liability insurance on his motor vehicle involved in the subject motor vehicle accident. As a result, Plaintiff, VERONICA PATICIA MYERS, as parent and guardian of minor B.M., is entitled to uninsured motorist benefits from Defendant, GEICO. WHEREFORE, Plaintiff, VERONICA PATRICIA MYERS, as parent and guardian of minor, B.M., sues the Defendant, GEICO GENERAL INSURANCE COMPY, under the uninsured motorist provisions of said policy for damages in an amount in excess of Fifty Thousand Dollars ($50,000.00), exclusive of costs and interest, and demands a trial by jury of all issues triable as of right by jury. GOLDSTEIN, BUCKLEY, CECHMAN, RICE & PURTZ, P.A. Attorneys for Plaintiff Post Office Box 2366 Fort Myers, Florida 33902 (239) 334-1146 (Telephone) (239) 334-3039 (Facsimile) By: /s/ Eve T.K. Volkmann Eve T.K. Volkmann Florida Bar No.: 1018296 etv@gbclaw.com etvservice@gbclaw.com eFiled Lee County Clerk of Courts Page 4 EXHIBIT “A” eFiled Lee County Clerk of Courts Page 5 eFiled Lee County Clerk of Courts Page 6 eFiled Lee County Clerk of Courts Page 7