Preview
Filing # 192098474 E-Filed 02/16/2024 09:18:40 AM
IN THE CIRCUIT COURT FOR THE THIRTEEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA,
CIVIL DIVISION
CASE NO:
SAM MANCI,
Plaintiff,
vs.
SIMON CARMONA MORGADO
AND PROGRESSIVE AMERICAN
INSURANCE COMPANY,
Defendants.
/
COMPLAINT
COMES NOW, the Plaintiff, SAM MANCI, by and through undersigned attorneys, and sues
Defendant, SIMON CARMONA MORGADO and PROGRESSIVE AMERICAN INSURANCE
COMPANY, and alleges:
1. This is an action for damages that exceeds the sum of FIFTY THOUSAND
DOLLARS ($50,000.00), exclusive of costs, interest and attorneys’ fees (The estimated value of
Plaintiff’s claim is in excess of the minimum jurisdictional threshold required by this Court).
Accordingly, Plaintiff has entered “$50,001” in the civil cover sheet for the “estimated amount of the
claim” as required in the preamble to the civil cover sheet for jurisdictional purposes only (the Florida
Supreme Court has ordered that the estimated “amount of claim” be set forth in the civil cover sheet
for data collection and clerical purposes only). The actual value of Plaintiff’s claim will be determined
by a fair and just jury in accordance with Article 1, Section 21, Fla. Const.
2/16/2024 9:18 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
2. At all times material to this action, Plaintiff, SAM MANCI, was a natural person
residing in Hillsborough County, Florida.
3. At all times material to this action, Defendant, SIMON CARMONA MORGADO,
was a natural person residing in Polk County, Florida.
4. At all times material to this action, Defendant, PROGRESSIVE AMERICAN
INSURANCE COMPANY, was a corporation authorized to do business and doing business in
Hillsborough County, Florida.
5. On or about June 14, 2023, Plaintiff, SAM MANCI, was operating a motor vehicle
east on Sun City Center Boulevard in Hillsborough County, Florida.
6. At that time and place, Defendant, SIMON CARMONA MORGADO, owned and
operated a motor vehicle on east in Sun City Center Boulevard Hillsborough County, Florida.
7. At that time and place, Defendant, SIMON CARMONA MORGADO, negligently
operated and/or maintained the motor vehicle so that it collided with Plaintiff's motor vehicle.
COUNT I -
CLAIM OF SAM MANCI AGAINST SIMON CARMONA MORGADO
Plaintiff realleges and incorporates by reference paragraphs 1-7, and further states:
8. As a direct and proximate result of Defendant's, SIMON CARMONA MORGADO,
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.
2/16/2024 9:18 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
WHEREFORE, Plaintiff, SAM MANCI, demands judgment for damages against
Defendants, SIMON CARMONA MORGADO, and other such relief deemed proper by the Court.
Plaintiff also demands a jury trial on all issues so triable.
COUNT II -
CLAIM OF SAM MANCI AGAINST
PROGRESSIVE AMERICAN INSURANCE COMPANY
Plaintiff realleges and incorporates by reference paragraphs 1-8, and further states:
9. On or about March 28, 2023, thru September 28, 2023, Defendant, PROGRESSIVE
AMERICAN INSURANCE COMPANY, issued and delivered to Plaintiff a policy of insurance
numbered 74009722 which was in full force and effect on the date of the collision.
10. Under the terms of the insurance policy, Defendant, PROGRESSIVE AMERICAN
INSURANCE COMPANY, provided uninsured/underinsured motorist coverage for Plaintiff in the
amount of $100,000.00.
11. Defendant, PROGRESSIVE AMERICAN INSURANCE COMPANY, has in its
custody and control a copy of the insurance policy and, therefore, it is not attached to the Complaint.
12. At all times material to this action, Defendant, SIMON CARMONA MORGADO,
was an underinsured motorist in that he/she carried liability insurance coverage with limits less than
Plaintiff's total damages as a result of the accident.
13. Plaintiff has furnished Defendant, PROGRESSIVE AMERICAN INSURANCE
COMPANY, timely notice of the automobile accident 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, PROGRESSIVE AMERICAN
INSURANCE COMPANY, has refused to pay Plaintiff for the full value of the claim.
2/16/2024 9:18 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
WHEREFORE, Plaintiff, SAM MANCI, demands judgment for damages against
Defendant, PROGRESSIVE AMERICAN INSURANCE COMPANY, and other such relief deemed
proper by the Court. Plaintiff also demands a jury trial on all issues so triable.
DATED this 16th day of February, 2024.
/s/ Bryce Spano, Esq.
Bryce Spano, Esquire
Florida Bar #: 584126
Morgan & Morgan Tampa P.A.
201 N. Franklin Street 7th Floor
Tampa, FL 33602
Tele: (813) 223-5505
Fax: (813) 424-5655
BPSpleadings@forthepeople.com
khudgell@forthepeople.com
Attorney for Plaintiff
2/16/2024 9:18 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4
Preview
Filing # 192098474 E-Filed 02/16/2024 09:18:40 AM IN THE CIRCUIT COURT FOR THE THIRTEEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA, CIVIL DIVISION CASE NO: SAM MANCI, Plaintiff, vs. SIMON CARMONA MORGADO AND PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendants. / COMPLAINT COMES NOW, the Plaintiff, SAM MANCI, by and through undersigned attorneys, and sues Defendant, SIMON CARMONA MORGADO and PROGRESSIVE AMERICAN INSURANCE COMPANY, and alleges: 1. This is an action for damages that exceeds the sum of FIFTY THOUSAND DOLLARS ($50,000.00), exclusive of costs, interest and attorneys’ fees (The estimated value of Plaintiff’s claim is in excess of the minimum jurisdictional threshold required by this Court). Accordingly, Plaintiff has entered “$50,001” in the civil cover sheet for the “estimated amount of the claim” as required in the preamble to the civil cover sheet for jurisdictional purposes only (the Florida Supreme Court has ordered that the estimated “amount of claim” be set forth in the civil cover sheet for data collection and clerical purposes only). The actual value of Plaintiff’s claim will be determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const. 2/16/2024 9:18 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 2. At all times material to this action, Plaintiff, SAM MANCI, was a natural person residing in Hillsborough County, Florida. 3. At all times material to this action, Defendant, SIMON CARMONA MORGADO, was a natural person residing in Polk County, Florida. 4. At all times material to this action, Defendant, PROGRESSIVE AMERICAN INSURANCE COMPANY, was a corporation authorized to do business and doing business in Hillsborough County, Florida. 5. On or about June 14, 2023, Plaintiff, SAM MANCI, was operating a motor vehicle east on Sun City Center Boulevard in Hillsborough County, Florida. 6. At that time and place, Defendant, SIMON CARMONA MORGADO, owned and operated a motor vehicle on east in Sun City Center Boulevard Hillsborough County, Florida. 7. At that time and place, Defendant, SIMON CARMONA MORGADO, negligently operated and/or maintained the motor vehicle so that it collided with Plaintiff's motor vehicle. COUNT I - CLAIM OF SAM MANCI AGAINST SIMON CARMONA MORGADO Plaintiff realleges and incorporates by reference paragraphs 1-7, and further states: 8. As a direct and proximate result of Defendant's, SIMON CARMONA MORGADO, 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. 2/16/2024 9:18 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 WHEREFORE, Plaintiff, SAM MANCI, demands judgment for damages against Defendants, SIMON CARMONA MORGADO, and other such relief deemed proper by the Court. Plaintiff also demands a jury trial on all issues so triable. COUNT II - CLAIM OF SAM MANCI AGAINST PROGRESSIVE AMERICAN INSURANCE COMPANY Plaintiff realleges and incorporates by reference paragraphs 1-8, and further states: 9. On or about March 28, 2023, thru September 28, 2023, Defendant, PROGRESSIVE AMERICAN INSURANCE COMPANY, issued and delivered to Plaintiff a policy of insurance numbered 74009722 which was in full force and effect on the date of the collision. 10. Under the terms of the insurance policy, Defendant, PROGRESSIVE AMERICAN INSURANCE COMPANY, provided uninsured/underinsured motorist coverage for Plaintiff in the amount of $100,000.00. 11. Defendant, PROGRESSIVE AMERICAN INSURANCE COMPANY, has in its custody and control a copy of the insurance policy and, therefore, it is not attached to the Complaint. 12. At all times material to this action, Defendant, SIMON CARMONA MORGADO, was an underinsured motorist in that he/she carried liability insurance coverage with limits less than Plaintiff's total damages as a result of the accident. 13. Plaintiff has furnished Defendant, PROGRESSIVE AMERICAN INSURANCE COMPANY, timely notice of the automobile accident 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, PROGRESSIVE AMERICAN INSURANCE COMPANY, has refused to pay Plaintiff for the full value of the claim. 2/16/2024 9:18 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3 WHEREFORE, Plaintiff, SAM MANCI, demands judgment for damages against Defendant, PROGRESSIVE AMERICAN INSURANCE COMPANY, and other such relief deemed proper by the Court. Plaintiff also demands a jury trial on all issues so triable. DATED this 16th day of February, 2024. /s/ Bryce Spano, Esq. Bryce Spano, Esquire Florida Bar #: 584126 Morgan & Morgan Tampa P.A. 201 N. Franklin Street 7th Floor Tampa, FL 33602 Tele: (813) 223-5505 Fax: (813) 424-5655 BPSpleadings@forthepeople.com khudgell@forthepeople.com Attorney for Plaintiff 2/16/2024 9:18 AM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4