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11-2024-CA-000327-0001-XX
Filing # 191933387 E-Filed 02/14/2024 11:26:50 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
KATHY MORAN,
Plaintiff, CASE NO.
vs.
ANTHONY SCIPIONE and
ESURANCE PROPERTY AND
CASUALTY INSURANCE COMPANY,
Defendants.
/
COMPLAINT
Plaintiff, KATHY MORAN, sues Defendants, ANTHONY SCIPIONE and ESURANCE
PROPERTY AND CASUALTY INSURANCE COMPANY, and alleges:
1 This is an action for damages that exceed Fifty Thousand Dollars ($50,000.00),
exclusive of interest, costs and attorneys’ fees.
2. At all times material to this action, Plaintiff was a natural person residing in Naples,
Collier County, Florida.
3. At all times material to this action, Defendant, Anthony Scipione, was a natural person
residing in Naples, Collier County, Florida.
4. At all times material to this action, Defendant, Esurance Property and Casualty
Insurance Company, was a corporation authorized to do business, and doing business, in Collier
County, Florida.
5 On or about March 24, 2022, Defendant, Anthony Scipione, operated a motor vehicle
owned by Edna Mae Scipione in Naples, Collier County, Florida.
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 02/14/2024 11:26:50 AM
6 On or about March 24, 2022, Plaintiff was traveling in the left right-hand turn lane on
Livingston Road, approaching the intersection of Radio Road in Naples, Collier County, Florida.
7 On or about March 24, 2022, Defendant was traveling in the right right-hand turn lane
on Livingston Road approaching the intersection of Radio Road in Naples, Collier County, Florida.
8 At that time and place, Defendant, Anthony Scipione, negligently operated and/or
maintained the motor vehicle so that it collided with Plaintiffs motor vehicle. Specifically, Defendant
started to enter Plaintiff's lane after turning right onto Radio Road from Livingston Road, sideswiping
the passenger side of Plaintiffs vehicle.
COUNT I
CLAIM OF KATHY MORAN AGAINST ANTHONY SCIPIONE
Plaintiff re-alleges and incorporates by reference paragraphs 1-8, and further states:
9 As a direct and proximate result of Defendant’s, Anthony Scipione, negligence,
Plaintiff suffered bodily injury including a permanent injury to the body as a whole, pain and suffering
of both a physical and mental nature, disability, physical impairment, disfigurement, mental anguish,
inconvenience, loss of capacity for the enjoyment of life, aggravation of an existing condition,
expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to
earn money and loss of ability to lead and enjoy a normal life. The losses are either permanent or
continuing and Plaintiff will suffer the losses in the future.
WHEREFORE, Plaintiff demands judgment for damages against Defendant, Anthony
Scipione, and other such relief deemed proper by the Court. Plaintiff also demands a jury trial on all
issues so triable.
COUNT I
CLAIM OF KATHY MORAN AGAINST ESURANCE PROPERTY AND
CASUALTY INSURANCE COMPANY
Plaintiff re-alleges and incorporates by reference paragraphs 1-8, and further states:
10. Prior to March 24, 2022, Defendant, Esurance Property and Casualty Insurance
Company, issued and delivered a policy of insurance numbered PAFL003978550 to Plaintiff Kathy
Moran which was in full force and effect on the date of the incident.
ll. Under the terms of the insurance policy referenced herein, Defendant, Esurance
Property and Casualty Insurance Company, provided uninsured/underinsured motorist coverage for
Plaintiff in the amount of $100,000 per person/$300.000 per accident.
12. Defendant, Esurance Property and Casualty Insurance Company, has in its custody
and control a copy of the insurance policy and, therefore, it is not attached to the Complaint.
13. Atall times material to this action, Defendant, Anthony Scipione, was an underinsured
motorist in that they carried liability insurance coverage with limits less than Plaintiff's total damages
as a result of the incident.
14. Plaintiff has furnished Defendant, Esurance Property and Casualty Insurance
Company, timely notice of the automobile incident and proof of the claim for damages described
above and has otherwise performed all conditions precedent to entitle recovery under the
uninsured/underinsured portion of the policy but Defendant, Esurance Property and Casualty
Insurance Company, has refused to pay Plaintiff for the full value of the claim.
15. As a direct and proximate result of Defendant’s, Anthony Scipione, negligence,
Plaintiff suffered bodily injury including a permanent injury to the body as a whole, pain and suffering
of both a physical and mental nature, disability, physical impairment, disfigurement, mental anguish,
inconvenience, loss of capacity for the enjoyment of life, aggravation of an existing condition,
expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to
earn money and loss of ability to lead and enjoy a normal life. The losses are either permanent or
continuing and Plaintiff will suffer the losses in the future.
WHEREFORE, Plaintiff, KATHY MORAN, demands judgment for damages against
Defendants, ANTHONY SCIPIONE and ESURANCE PROPERTY AND CASUALTY
INSURANCE COMPANY, and other such relief deemed proper by the Court. Plaintiffalso demands
a jury trial on all issues so triable.
/s/ Patrick Kelleher
PATRICK KELLEHER, ESQUIRE
FBN: 1022377
Marc L. Shapiro, P.A.
Attorney for Plaintiff
720 Goodlette Road N., Suite 304
Naples, FL 34102
Tel: (239) 649-8050
Fax: (239) 649-8057
Email: pat@attorneyshapiro.com;
nina@attorneyshapiro.com;
Service email:
Service@attorneyshapiro.com
Preview
11-2024-CA-000327-0001-XX Filing # 191933387 E-Filed 02/14/2024 11:26:50 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA KATHY MORAN, Plaintiff, CASE NO. vs. ANTHONY SCIPIONE and ESURANCE PROPERTY AND CASUALTY INSURANCE COMPANY, Defendants. / COMPLAINT Plaintiff, KATHY MORAN, sues Defendants, ANTHONY SCIPIONE and ESURANCE PROPERTY AND CASUALTY INSURANCE COMPANY, and alleges: 1 This is an action for damages that exceed Fifty Thousand Dollars ($50,000.00), exclusive of interest, costs and attorneys’ fees. 2. At all times material to this action, Plaintiff was a natural person residing in Naples, Collier County, Florida. 3. At all times material to this action, Defendant, Anthony Scipione, was a natural person residing in Naples, Collier County, Florida. 4. At all times material to this action, Defendant, Esurance Property and Casualty Insurance Company, was a corporation authorized to do business, and doing business, in Collier County, Florida. 5 On or about March 24, 2022, Defendant, Anthony Scipione, operated a motor vehicle owned by Edna Mae Scipione in Naples, Collier County, Florida. FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, CLERK, 02/14/2024 11:26:50 AM 6 On or about March 24, 2022, Plaintiff was traveling in the left right-hand turn lane on Livingston Road, approaching the intersection of Radio Road in Naples, Collier County, Florida. 7 On or about March 24, 2022, Defendant was traveling in the right right-hand turn lane on Livingston Road approaching the intersection of Radio Road in Naples, Collier County, Florida. 8 At that time and place, Defendant, Anthony Scipione, negligently operated and/or maintained the motor vehicle so that it collided with Plaintiffs motor vehicle. Specifically, Defendant started to enter Plaintiff's lane after turning right onto Radio Road from Livingston Road, sideswiping the passenger side of Plaintiffs vehicle. COUNT I CLAIM OF KATHY MORAN AGAINST ANTHONY SCIPIONE Plaintiff re-alleges and incorporates by reference paragraphs 1-8, and further states: 9 As a direct and proximate result of Defendant’s, Anthony Scipione, negligence, Plaintiff suffered bodily injury including a permanent injury to the body as a whole, pain and suffering of both a physical and mental nature, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, aggravation of an existing condition, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. WHEREFORE, Plaintiff demands judgment for damages against Defendant, Anthony Scipione, and other such relief deemed proper by the Court. Plaintiff also demands a jury trial on all issues so triable. COUNT I CLAIM OF KATHY MORAN AGAINST ESURANCE PROPERTY AND CASUALTY INSURANCE COMPANY Plaintiff re-alleges and incorporates by reference paragraphs 1-8, and further states: 10. Prior to March 24, 2022, Defendant, Esurance Property and Casualty Insurance Company, issued and delivered a policy of insurance numbered PAFL003978550 to Plaintiff Kathy Moran which was in full force and effect on the date of the incident. ll. Under the terms of the insurance policy referenced herein, Defendant, Esurance Property and Casualty Insurance Company, provided uninsured/underinsured motorist coverage for Plaintiff in the amount of $100,000 per person/$300.000 per accident. 12. Defendant, Esurance Property and Casualty Insurance Company, has in its custody and control a copy of the insurance policy and, therefore, it is not attached to the Complaint. 13. Atall times material to this action, Defendant, Anthony Scipione, was an underinsured motorist in that they carried liability insurance coverage with limits less than Plaintiff's total damages as a result of the incident. 14. Plaintiff has furnished Defendant, Esurance Property and Casualty Insurance Company, timely notice of the automobile incident and proof of the claim for damages described above and has otherwise performed all conditions precedent to entitle recovery under the uninsured/underinsured portion of the policy but Defendant, Esurance Property and Casualty Insurance Company, has refused to pay Plaintiff for the full value of the claim. 15. As a direct and proximate result of Defendant’s, Anthony Scipione, negligence, Plaintiff suffered bodily injury including a permanent injury to the body as a whole, pain and suffering of both a physical and mental nature, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, aggravation of an existing condition, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. WHEREFORE, Plaintiff, KATHY MORAN, demands judgment for damages against Defendants, ANTHONY SCIPIONE and ESURANCE PROPERTY AND CASUALTY INSURANCE COMPANY, and other such relief deemed proper by the Court. Plaintiffalso demands a jury trial on all issues so triable. /s/ Patrick Kelleher PATRICK KELLEHER, ESQUIRE FBN: 1022377 Marc L. Shapiro, P.A. Attorney for Plaintiff 720 Goodlette Road N., Suite 304 Naples, FL 34102 Tel: (239) 649-8050 Fax: (239) 649-8057 Email: pat@attorneyshapiro.com; nina@attorneyshapiro.com; Service email: Service@attorneyshapiro.com