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SUMMONS - CIVIL For information on STATE OF CONNECTICUT
JD-CV-1 Rey. 11-19
51-346, 51-347, 51-349, 51-350, §2-45a, 52-48, 52-259;
Ss §8 3+ 4 through 3-21, 8-1, 10-13
ADA accommodations,
contact a court clerk or
go to: www,jud.ct.gov/ADA.
SUPERIOR COURT
www jud.ct. gov Ee
Celi
Instructions are on page 2.
C Select if amount, legal interest, or property in demand, not including interest and costs, is LESS than $2,500.
[X] Select if amount, legal interest, or property in demand, not including interest and costs, is $2,500 or MORE.
oO Select if claiming other relief in addition to, or in place of, money or damages.
TO: Any proper officer
complaint.
By authority of the State of Connecticut, you are hereby commanded to make due and legal service of this summons and attached
‘Address of court clerk (Number, street, town and zip code) Telephone number of clerk Retum Date (Must be @ Tuesday)
300 GRAND STREET, WATERBURY, CT 06702 (203 ) 591 - 3300 “aA DORY
Case type code (See list on page 2)
[x] Judicial District ‘At (Ciy/Town)
C Housing Session go Number: WATERBURY Major: V Minor: 04
For the plaintiff(s) enter the appearance of:
Name and address of attorney, law firm or plaintiff if self-represented (Number, street, town and zip code) Turis number (if attorney or law firm)
Garrett M. Moore, Jr., Moore, O'Brien & Foti, 891 Straits Turnpike, Middlebury, CT 06762 433509
Telephone number Signalure of plaintiff (i self-represented)
(203 ) 272 - 5881
The attorney or law firm appearing for the plaintiff, or the plaintiff if
E-mail address for delivery of papers under Section 10-13 of the
Connecticut Practice Book (if agreed)
self-represented, agrees to accept papers (service) electronically
in this case under Section 10-13 of the Connecticut Practice Book. [x] Yes [1] No GMOORE@MOJYLAW.COM
Parties Name (Last, First, Middle Initial) and address of each party (Number, street; P.O. Box; town; state; zip; country, if not USA)
First Name: EASTWOOD, BARBARA P-01
plaintiff Address: 13 ROBINSON STREET, WATERBURY, CT 06704
Additional Name: P-02
plaintiff Address:
ied Tr) Name: SAFECO INSURANCE COMPANY OF ILLINOIS 175 BERKELEY STREET, BOSTON, MA 02116 D-01
defendant Address: Agent for Service: Andrew N. Mais, Insurance Commissioner, 153 Market Street, Hartford, CT 06103
Additional Name: D-02
defendant Addres
Additional Name: D-03
defendant Addre:
Additional Name: 0-04
defendant Addre:
Total number of wlattffo 1 Total number of defendants:2 (Form JD-CV-2 attached for additional parties
Notice to each defendant
1 You are being sued. This is a summons in a lawsuit. The complaint attached states the claims the plaintiff is making against you.
2 To receive further notices, you or your attorney must file an Appearance (form JD-CL-12) with the clerk at the address above. Generally,
it must be filed on or before the second day after the Return Date. The Return Date is not a hearing date. You do not have to come to
court on the Return Date unless you receive a separate notice telling you to appear.
if you or your attorney do not file an Appearance on time, a default judgment may be entered against you. You can get an Appearance
form at the court address above, or on-line at https://jud.ct.gov/webforms/.
If you believe that you have insurance tha it y ‘cover the claim being made against you in this lawsuit, you should immediately contact
your insurance representative. Other at fis you may take are described in the Connecticut Practice Book, which may be found in a
superior court law l ry of pn-line ittps:/Avww jud.ct.gov/pb.htm.
If you have questigns about the immons and complaint, you should talk to an attorney.
The court staffs not allowed to give advice on legal matters.
Date ‘Signed (Sign (rn [XJ] Commissioner of Superior Court | Name of person signing
01/29/2024 Oo Clerk GARRETT M. MOORE, JR.
If this summon: For Court Use Only
File Date
a The signing ‘so that the plaintiff(s) will not be denied access to the courts.
b, It is the responsibility of the plaintiff(s) to ensure that service is made in the manner provided by law.
c. The court staff is not permitted to give any legal advice in connection with any lawsuit.
d. The Clerk signing this summons at the request of the plaintiff(s) is not responsible in any way for any
errors or omissions in the summons, any allegations contained in the complaint, or the service of the
summons or complaint.
Teertify !have read and | Signed (SelF-represented piainttty Dale ‘Docket Number
understand the above:
Page 1 of 2
DOCKET NO.: UWY-CV-23-6068559 S : SUPERIOR COURT
BARBARA EASTWOOD J.D. OF WATERBURY
Vs, AT WATERBURY
TYRONE PETERS JANUARY 29, 2024
AMENDED COMPLAINT
FIRST COUNT: (BARBARA EASTWOOD V. TYRONE PETERS)
1 On August 25, 2022, at approximately 12:14 p.m., the plaintiff, BARBARA
EASTWOOD, was the operator of a motor vehicle that was traveling in an easterly direction,
in the eastbound lane on Chase Avenue and had reached a point in the roadway near its
intersection with Hill Street, both public streets or highways in Waterbury, Connecticut.
2. At the same time and place, the defendant, TYRONE PETERS, was the
operator of a motor vehicle, that was traveling in a westerly direction in the right-hand lane
of two on the eastbound portion of Chase Avenue and had reached a point in the roadway
near its intersection with Hill Street.
3 At the same time and place, the motor vehicle operated by the defendant,
TYRONE PETERS, suddenly and without warning entered the left-hand lane of the
westbound portion of Chase Avenue and collided with the motor vehicle operated by the
plaintiff, all of which caused the plaintiff, BARBARA EASTWOOD, to suffer the injuries
and losses more fully set forth below.
Page 1 of 12
MOORE, O'BRIEN & FOTI + ATTORNEYS AT LAW
891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 * TEL: 203-272-5881 * JURIS NO.: 408519
4 The collision was caused by the negligence of the defendant, TYRONE
PETERS, in one or more of the following ways:
a) He failed to keep a reasonable and proper lookout for other vehicles on the
road;
b) He failed to turn or swerve so as to avoid the collision;
c) He failed to apply the brakes in time to avoid the collision;
qd) He failed to sound the horn or give a timely warning of the impending
collision;
e) He failed to keep the vehicle under proper control;
He was inattentive in the operation of the vehicle;
8) He operated the vehicle at a rate of speed greater than is reasonable, having
due regard to the width, traffic, and use of the highway, road or parking area,
the intersection of streets and weather conditions, in violation of § 14-2184
of the Connecticut General Statutes;
h) He failed to drive the vehicle as nearly as practicable entirely within a single
lane and moved the vehicle from such lane before ascertaining that such
movement could be made with safety, in violation of § 14-236(1) of the
Connecticut General Statutes;
i) He operated the vehicle at a rate of speed greater than is reasonable, having
due regard to the width, traffic, and use of the highway, road or parking area,
Page 2 of 12
MOORE, O'BRIEN & FOTI + ATTORNEYS AT LAW
891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 * TEL: 203-272-5881 * JURIS NO.: 408519
the intersection of streets and weather conditions, in violation of § 14-218a
of the Connecticut General Statutes;
dD He drove the vehicle in such proximity to another vehicle so as to obstruct or
impede traffic, in violation of § 14-240(b) of the Connecticut General
Statutes; and/or
k) He tured the vehicle when such movement could not be made with
reasonable safety, in violation of § 14-242(a) of the Connecticut General
Statutes.
5 As a result of the negligence of the defendant, TYRONE PETERS, the
plaintiff, BARBARA EASTWOOD, suffered the following injuries, some or all of which
may be permanent in nature:
a) Head pain;
b) Headaches;
¢) Neck pain;
qd) Chest pain;
e) Back pain; and
f) Pain and suffering, both mental and physical.
6 As a further result of the negligence of the defendant, TYRONE PETERS,
the plaintiff, BARBARA EASTWOOD, was forced to expend large sums of money for
Page 3 of 12
MOORE, O'BRIEN & FOTI + ATTORNEYSAT LAW
891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 * TEL: 203-272-5881 * JURIS NO.: 408519
hospital and medical care, medicines, diagnostic tests and therapy, all necessary to his
recovery, and may be forced to expend additional sums in the future.
7 As a further result of the negligence of the defendant, TYRONE PETERS,
the plaintiff, BARBARA EASTWOOD, was unable, and remains unable, to participate in
and enjoy his usual activities.
8 As a further result of the negligence of the defendant, TYRONE PETERS
the plaintiff, BARBARA EASTWOOD, has sustained a loss of earning capacity.
9. As a further result of the negligence of the defendant, TYRONE PETERS,
the plaintiff, BARBARA EASTWOOD, was unable, and remains unable, to participate in
and enjoy his usual activities.
SECOND COUNT: (BARBARA EASTWOOD V. SAFECO INSURANCE
COMPANY OF ILLINOIS)
1 At all times mentioned herein, the defendant, SAFECO INSURANCE
COMPANY OF ILLINOIS, was and is an insurance company duly authorized by the State
of Connecticut to issue policies of insurance.
2 On August 25, 2022, at approximately 12:14 p.m., the plaintiff, BARBARA
EASTWOOD, was the operator of a motor vehicle that was traveling in an easterly direction,
in the eastbound lane on Chase Avenue and had reached a point in the roadway near its
intersection with Hill Street, both public streets or highways in Waterbury, Connecticut.
Page 4 of 12
MOORE, O’BRIEN & FOTI + ATTORNEYS AT LAW
891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 + TEL: 203-272-5881 * JURIS NO.: 408519
3 At the same time and place, TYRONE PETERS, was the operator of a motor
vehicle, that was traveling in a westerly direction in the right-hand lane of two on the
eastbound portion of Chase Avenue and had reached a point in the roadway near its
intersection with Hill Street.
4 At the same time and place, the motor vehicle operated by TYRONE
PETERS, suddenly and without warning entered the left-hand lane of the westbound portion
of Chase Avenue and collided with the motor vehicle operated by the plaintiff, all of which
caused the plaintiff, BARBARA EASTWOOD, to suffer the injuries and losses more fully
set forth below.
5 The collision was caused by the negligence of TYRONE PETERS, in one or
more of the following ways:
a) He failed to keep a reasonable and proper lookout for other vehicles on the
road;
b) He failed to turn or swerve so as to avoid the collision;
°) He failed to apply the brakes in time to avoid the collision;
d) He failed to sound the horn or give a timely warning of the impending
collision;
e) He failed to keep the vehicle under proper control;
He was inattentive in the operation of the vehicle;
Page 5 of 12
MOORE, O'BRIEN & FOTI + ATTORNEYS AT LAW
891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 * TEL: 203-272-5881 + JURIS NO.: 408519
8) He operated the vehicle at a rate of speed greater than is reasonable, having
due regard to the width, traffic, and use of the highway, road or parking area,
the intersection of streets and weather conditions, in violation of § 14-218a
of the Connecticut General Statutes;
h) He failed to drive the vehicle as nearly as practicable entirely within a single
lane and moved the vehicle from such lane before ascertaining that such
movement could be made with safety, in violation of § 14-236(1) of the
Connecticut General Statutes;
i) He operated the vehicle at a rate of speed greater than is reasonable, having
due regard to the width, traffic, and use of the highway, road or parking area,
the intersection of streets and weather conditions, in violation of § 14-218
of the Connecticut General Statutes;
d He drove the vehicle in such proximity to another vehicle so as to obstruct or
impede traffic, in violation of § 14-240(b) of the Connecticut General
Statutes; and/or
k) He tumed the vehicle when such movement could not be made with
reasonable safety, in violation of § 14-242(a) of the Connecticut General
Statutes.
Page 6 of 12
MOORE, O’BRIEN & FOTI + ATTORNEYS AT LAW
891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 * TEL: 203-272-5881 * JURIS NO.: 408519
6. As a result of the negligence of TYRONE PETERS, the plaintiff,
BARBARA EASTWOOD, suffered the following injuries, some or all of which may be
permanent in nature:
a) Head pain;
b) Headaches;
c) Neck pain;
4) Chest pain;
e) Back pain; and
f) Pain and suffering, both mental and physical.
7. As a further result of the negligence of TYRONE PETERS, the plaintiff,
BARBARA EASTWOOD, was forced to expend large sums of money for hospital and
medical care, medicines, diagnostic tests and therapy, all necessary to his recovery, and may
be forced to expend additional sums in the future.
8 As a further result of the negligence of TYRONE PETERS, the plaintiff,
BARBARA EASTWOOD, was unable, and remains unable, to participate in and enjoy his
usual activities.
9 As a further result of the negligence of TYRONE PETERS the plaintiff,
BARBARA EASTWOOD, has sustained a loss of earning capacity.
Page 7 of 12
MOORE, O’BRIEN & FOTI + ATTORNEYS AT LAW
891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 * TEL: 203-272-5881 » JURIS NO.: 408519
10. As a further result of the negligence of TYRONE PETERS, the plaintiff,
BARBARA EASTWOOD, was unable, and remains unable, to participate in and enjoy his
usual activities.
11. At the time of this collision, TYRONE PETERS carried automobile liability
insurance with Progressive Casualty Insurance Company.
12. Progressive Casualty Insurance Company has paid or will pay the limits of its
liability policy in full settlement of this claim to BARBARA EASTWOOD.
13. TYRONE PETERS has no secondary, excess or umbrella insurance policies
that will cover his liability in this matter.
14. The limits of TYRONE PETERS’ policy are insufficient to compensate
BARBARA EASTWOOD for her injuries.
15. At the time of this collision, BARBARA EASTWOOD carried automobile
insurance with the defendant, SAFECO INSURANCE COMPANY OF ILLINOIS, under
Policy Number K3035243.
16. BARBARA EASTWOOD is a covered person pursuant to the provisions of
the defendant, SAFECO INSURANCE COMPANY OF ILLINOIS’s, policy issued to her.
Page 8 of 12
MOORE, O'BRIEN & FOTI + ATTORNEYS AT LAW
891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 + TEL: 203-272-5881 » SURIS NO.: 408519
17. In accordance with § 38a-336 of the Connecticut General Statutes, the
defendant, SAFECO INSURANCE COMPANY OF ILLINOIS, is required to provide, and
its policy contains provisions for, underinsured motorist benefits for BARBARA
EASTWOOD.
18. The defendant, SAFECO INSURANCE COMPANY OF ILLINOIS, has not paid
compensation to BARBARA EASTWOOD for her injuries and losses.
Page 9 of 12
MOORE, O’BRIEN & FOTI * ATTORNEYSAT LAW
891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 * TEL: 203-272-5881 * JURIS NO.: 408519
WHEREFORE, the plaintiff claims money damages.
THE PLAIN’
BARBA EASTWOOD
y,
Garrett M. ore, Jr., Esq.
Moore, O% tien & Foti
891 S) its Turnpike
lebury, CT 06762
hone: (203) 272-5881
Juris No.: 408519
Her Attorneys
Email: GMoorejr@mojylaw.com
Page 10 of 12
MOORE, O’BRIEN & FOTI + ATTORNEYS AT LAW
891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 + TEL: 203-272-5881 * JURIS NO.: 408519
DOCKET NO.: UWY-CV-23-6068559 S SUPERIOR COURT
BARBARA EASTWOOD J.D. OF WATERBURY
Vs. AT WATERBURY
TYRONE PETERS JANUARY 29, 2024
STATEMENT OF AMOUNT IN DEMAND
The amount of money damages claimed is greater than Fifteen Thousand Dollars
($15,000.00), exclusive of interest and costs.
THE PLAINTIFF, -
BARBA STWOOD
Garrett Moore, Jr., Esq.
Moore; O'Brien & Foti
Straits Turnpike
Middlebury, CT 06762
Phone: (203) 272-5881
Juris No.: 408519
Her Attorneys
Email: GMoorejr@mojylaw.com
Page 11 of 12
MOORE, O'BRIEN & FOTI +» ATTORNEYSAT LAW
891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 * TEL: 203-272-5881 * JURIS NO.: 408519
CERTIFICATION
I certify that a copy of this document was or will immediately be mailed or delivered
electronically or non-electronically on January 29, 2024 to all attorneys and self-represented
parties of record and that written consent for electronic delivery was received from all
attorneys and self-represented parties of record who received or will immediately be
receiving electronic delivery.
Kelly A. Byron, Esq.
Hanks, Olsen & Sheehan
538 Preston Avenue, Suite 305
Meriden, CT 06450
Email: ConnecticutHC@Progressive.com
Stephen J. Leary, Esq.
Law Office of Meehan, Di Palma, Roberts & Turret
P.O. Box 6835
Scranton, PA 18505-6840
Email: Imlawet@libertymutual.com
/ ’
4
GafrettM. M re, Jr., Esq
Page 12 of 12
MOORE, O'BRIEN & FOTI + ATTORNEYS AT LAW
891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 * TEL: 203-272-5881 * JURIS NO.: 408519
OFFICER'S RETURN TO COURT
STATE OF CONNECTICUT
: SS. HARTFORD FEBRUARY 22, 2024
COUNTY OF HARTFORD :
Then and by virtue hereof and by direction of the Plaintiff's attorney, |
made due and legal service upon the within named Cited In Defendant,
SAFECO INSURANCE COMPANY OF ILLINOIS, by leaving 2 true and attested
copies of the within original MOTION TO CITE IN ADDITIONAL PARTY,
ORDER, CERTIFICATION, WRIT SUMMONS-CIVIL, AMENDED COMPLAINT,
STATEMENT OF AMOUNT IN DEMAND, CERTIFICATION, at the office of
ANDREW N. MAIS, Insurance Commissioner of the State of Connecticut. Said
Insurance Commissioner of the State of Connecticut is the duly authorized agent
and attorney to accept service for the within named Cited In Defendant at 153
Market Street in said Town of Hartford.
The within is the original MOTION TO CITE IN ADDITIONAL PARTY,
ORDER, CERTIFICATION, WRIT SUMMONS-CIVIL, AMENDED COMPLAINT,
STATEMENT OF AMOUNT IN DEMAND, CERTIFICATION, with my doings
thereon endorsed
ATTEST
——.
FEES:
SERVICE: $ 50.00 JOHN &¢
TRAVEL: 27.00 STATE MARSH,
PAGES: 34.00 HART!
INS. COMM.: 50.00
ENDORSEMENTS: 7.50
TOTAL: $168.50
Preview
+ Soe SUMMONS - CIVIL For information on STATE OF CONNECTICUT JD-CV-1 Rey. 11-19 51-346, 51-347, 51-349, 51-350, §2-45a, 52-48, 52-259; Ss §8 3+ 4 through 3-21, 8-1, 10-13 ADA accommodations, contact a court clerk or go to: www,jud.ct.gov/ADA. SUPERIOR COURT www jud.ct. gov Ee Celi Instructions are on page 2. C Select if amount, legal interest, or property in demand, not including interest and costs, is LESS than $2,500. [X] Select if amount, legal interest, or property in demand, not including interest and costs, is $2,500 or MORE. oO Select if claiming other relief in addition to, or in place of, money or damages. TO: Any proper officer complaint. By authority of the State of Connecticut, you are hereby commanded to make due and legal service of this summons and attached ‘Address of court clerk (Number, street, town and zip code) Telephone number of clerk Retum Date (Must be @ Tuesday) 300 GRAND STREET, WATERBURY, CT 06702 (203 ) 591 - 3300 “aA DORY Case type code (See list on page 2) [x] Judicial District ‘At (Ciy/Town) C Housing Session go Number: WATERBURY Major: V Minor: 04 For the plaintiff(s) enter the appearance of: Name and address of attorney, law firm or plaintiff if self-represented (Number, street, town and zip code) Turis number (if attorney or law firm) Garrett M. Moore, Jr., Moore, O'Brien & Foti, 891 Straits Turnpike, Middlebury, CT 06762 433509 Telephone number Signalure of plaintiff (i self-represented) (203 ) 272 - 5881 The attorney or law firm appearing for the plaintiff, or the plaintiff if E-mail address for delivery of papers under Section 10-13 of the Connecticut Practice Book (if agreed) self-represented, agrees to accept papers (service) electronically in this case under Section 10-13 of the Connecticut Practice Book. [x] Yes [1] No GMOORE@MOJYLAW.COM Parties Name (Last, First, Middle Initial) and address of each party (Number, street; P.O. Box; town; state; zip; country, if not USA) First Name: EASTWOOD, BARBARA P-01 plaintiff Address: 13 ROBINSON STREET, WATERBURY, CT 06704 Additional Name: P-02 plaintiff Address: ied Tr) Name: SAFECO INSURANCE COMPANY OF ILLINOIS 175 BERKELEY STREET, BOSTON, MA 02116 D-01 defendant Address: Agent for Service: Andrew N. Mais, Insurance Commissioner, 153 Market Street, Hartford, CT 06103 Additional Name: D-02 defendant Addres Additional Name: D-03 defendant Addre: Additional Name: 0-04 defendant Addre: Total number of wlattffo 1 Total number of defendants:2 (Form JD-CV-2 attached for additional parties Notice to each defendant 1 You are being sued. This is a summons in a lawsuit. The complaint attached states the claims the plaintiff is making against you. 2 To receive further notices, you or your attorney must file an Appearance (form JD-CL-12) with the clerk at the address above. Generally, it must be filed on or before the second day after the Return Date. The Return Date is not a hearing date. You do not have to come to court on the Return Date unless you receive a separate notice telling you to appear. if you or your attorney do not file an Appearance on time, a default judgment may be entered against you. You can get an Appearance form at the court address above, or on-line at https://jud.ct.gov/webforms/. If you believe that you have insurance tha it y ‘cover the claim being made against you in this lawsuit, you should immediately contact your insurance representative. Other at fis you may take are described in the Connecticut Practice Book, which may be found in a superior court law l ry of pn-line ittps:/Avww jud.ct.gov/pb.htm. If you have questigns about the immons and complaint, you should talk to an attorney. The court staffs not allowed to give advice on legal matters. Date ‘Signed (Sign (rn [XJ] Commissioner of Superior Court | Name of person signing 01/29/2024 Oo Clerk GARRETT M. MOORE, JR. If this summon: For Court Use Only File Date a The signing ‘so that the plaintiff(s) will not be denied access to the courts. b, It is the responsibility of the plaintiff(s) to ensure that service is made in the manner provided by law. c. The court staff is not permitted to give any legal advice in connection with any lawsuit. d. The Clerk signing this summons at the request of the plaintiff(s) is not responsible in any way for any errors or omissions in the summons, any allegations contained in the complaint, or the service of the summons or complaint. Teertify !have read and | Signed (SelF-represented piainttty Dale ‘Docket Number understand the above: Page 1 of 2 DOCKET NO.: UWY-CV-23-6068559 S : SUPERIOR COURT BARBARA EASTWOOD J.D. OF WATERBURY Vs, AT WATERBURY TYRONE PETERS JANUARY 29, 2024 AMENDED COMPLAINT FIRST COUNT: (BARBARA EASTWOOD V. TYRONE PETERS) 1 On August 25, 2022, at approximately 12:14 p.m., the plaintiff, BARBARA EASTWOOD, was the operator of a motor vehicle that was traveling in an easterly direction, in the eastbound lane on Chase Avenue and had reached a point in the roadway near its intersection with Hill Street, both public streets or highways in Waterbury, Connecticut. 2. At the same time and place, the defendant, TYRONE PETERS, was the operator of a motor vehicle, that was traveling in a westerly direction in the right-hand lane of two on the eastbound portion of Chase Avenue and had reached a point in the roadway near its intersection with Hill Street. 3 At the same time and place, the motor vehicle operated by the defendant, TYRONE PETERS, suddenly and without warning entered the left-hand lane of the westbound portion of Chase Avenue and collided with the motor vehicle operated by the plaintiff, all of which caused the plaintiff, BARBARA EASTWOOD, to suffer the injuries and losses more fully set forth below. Page 1 of 12 MOORE, O'BRIEN & FOTI + ATTORNEYS AT LAW 891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 * TEL: 203-272-5881 * JURIS NO.: 408519 4 The collision was caused by the negligence of the defendant, TYRONE PETERS, in one or more of the following ways: a) He failed to keep a reasonable and proper lookout for other vehicles on the road; b) He failed to turn or swerve so as to avoid the collision; c) He failed to apply the brakes in time to avoid the collision; qd) He failed to sound the horn or give a timely warning of the impending collision; e) He failed to keep the vehicle under proper control; He was inattentive in the operation of the vehicle; 8) He operated the vehicle at a rate of speed greater than is reasonable, having due regard to the width, traffic, and use of the highway, road or parking area, the intersection of streets and weather conditions, in violation of § 14-2184 of the Connecticut General Statutes; h) He failed to drive the vehicle as nearly as practicable entirely within a single lane and moved the vehicle from such lane before ascertaining that such movement could be made with safety, in violation of § 14-236(1) of the Connecticut General Statutes; i) He operated the vehicle at a rate of speed greater than is reasonable, having due regard to the width, traffic, and use of the highway, road or parking area, Page 2 of 12 MOORE, O'BRIEN & FOTI + ATTORNEYS AT LAW 891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 * TEL: 203-272-5881 * JURIS NO.: 408519 the intersection of streets and weather conditions, in violation of § 14-218a of the Connecticut General Statutes; dD He drove the vehicle in such proximity to another vehicle so as to obstruct or impede traffic, in violation of § 14-240(b) of the Connecticut General Statutes; and/or k) He tured the vehicle when such movement could not be made with reasonable safety, in violation of § 14-242(a) of the Connecticut General Statutes. 5 As a result of the negligence of the defendant, TYRONE PETERS, the plaintiff, BARBARA EASTWOOD, suffered the following injuries, some or all of which may be permanent in nature: a) Head pain; b) Headaches; ¢) Neck pain; qd) Chest pain; e) Back pain; and f) Pain and suffering, both mental and physical. 6 As a further result of the negligence of the defendant, TYRONE PETERS, the plaintiff, BARBARA EASTWOOD, was forced to expend large sums of money for Page 3 of 12 MOORE, O'BRIEN & FOTI + ATTORNEYSAT LAW 891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 * TEL: 203-272-5881 * JURIS NO.: 408519 hospital and medical care, medicines, diagnostic tests and therapy, all necessary to his recovery, and may be forced to expend additional sums in the future. 7 As a further result of the negligence of the defendant, TYRONE PETERS, the plaintiff, BARBARA EASTWOOD, was unable, and remains unable, to participate in and enjoy his usual activities. 8 As a further result of the negligence of the defendant, TYRONE PETERS the plaintiff, BARBARA EASTWOOD, has sustained a loss of earning capacity. 9. As a further result of the negligence of the defendant, TYRONE PETERS, the plaintiff, BARBARA EASTWOOD, was unable, and remains unable, to participate in and enjoy his usual activities. SECOND COUNT: (BARBARA EASTWOOD V. SAFECO INSURANCE COMPANY OF ILLINOIS) 1 At all times mentioned herein, the defendant, SAFECO INSURANCE COMPANY OF ILLINOIS, was and is an insurance company duly authorized by the State of Connecticut to issue policies of insurance. 2 On August 25, 2022, at approximately 12:14 p.m., the plaintiff, BARBARA EASTWOOD, was the operator of a motor vehicle that was traveling in an easterly direction, in the eastbound lane on Chase Avenue and had reached a point in the roadway near its intersection with Hill Street, both public streets or highways in Waterbury, Connecticut. Page 4 of 12 MOORE, O’BRIEN & FOTI + ATTORNEYS AT LAW 891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 + TEL: 203-272-5881 * JURIS NO.: 408519 3 At the same time and place, TYRONE PETERS, was the operator of a motor vehicle, that was traveling in a westerly direction in the right-hand lane of two on the eastbound portion of Chase Avenue and had reached a point in the roadway near its intersection with Hill Street. 4 At the same time and place, the motor vehicle operated by TYRONE PETERS, suddenly and without warning entered the left-hand lane of the westbound portion of Chase Avenue and collided with the motor vehicle operated by the plaintiff, all of which caused the plaintiff, BARBARA EASTWOOD, to suffer the injuries and losses more fully set forth below. 5 The collision was caused by the negligence of TYRONE PETERS, in one or more of the following ways: a) He failed to keep a reasonable and proper lookout for other vehicles on the road; b) He failed to turn or swerve so as to avoid the collision; °) He failed to apply the brakes in time to avoid the collision; d) He failed to sound the horn or give a timely warning of the impending collision; e) He failed to keep the vehicle under proper control; He was inattentive in the operation of the vehicle; Page 5 of 12 MOORE, O'BRIEN & FOTI + ATTORNEYS AT LAW 891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 * TEL: 203-272-5881 + JURIS NO.: 408519 8) He operated the vehicle at a rate of speed greater than is reasonable, having due regard to the width, traffic, and use of the highway, road or parking area, the intersection of streets and weather conditions, in violation of § 14-218a of the Connecticut General Statutes; h) He failed to drive the vehicle as nearly as practicable entirely within a single lane and moved the vehicle from such lane before ascertaining that such movement could be made with safety, in violation of § 14-236(1) of the Connecticut General Statutes; i) He operated the vehicle at a rate of speed greater than is reasonable, having due regard to the width, traffic, and use of the highway, road or parking area, the intersection of streets and weather conditions, in violation of § 14-218 of the Connecticut General Statutes; d He drove the vehicle in such proximity to another vehicle so as to obstruct or impede traffic, in violation of § 14-240(b) of the Connecticut General Statutes; and/or k) He tumed the vehicle when such movement could not be made with reasonable safety, in violation of § 14-242(a) of the Connecticut General Statutes. Page 6 of 12 MOORE, O’BRIEN & FOTI + ATTORNEYS AT LAW 891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 * TEL: 203-272-5881 * JURIS NO.: 408519 6. As a result of the negligence of TYRONE PETERS, the plaintiff, BARBARA EASTWOOD, suffered the following injuries, some or all of which may be permanent in nature: a) Head pain; b) Headaches; c) Neck pain; 4) Chest pain; e) Back pain; and f) Pain and suffering, both mental and physical. 7. As a further result of the negligence of TYRONE PETERS, the plaintiff, BARBARA EASTWOOD, was forced to expend large sums of money for hospital and medical care, medicines, diagnostic tests and therapy, all necessary to his recovery, and may be forced to expend additional sums in the future. 8 As a further result of the negligence of TYRONE PETERS, the plaintiff, BARBARA EASTWOOD, was unable, and remains unable, to participate in and enjoy his usual activities. 9 As a further result of the negligence of TYRONE PETERS the plaintiff, BARBARA EASTWOOD, has sustained a loss of earning capacity. Page 7 of 12 MOORE, O’BRIEN & FOTI + ATTORNEYS AT LAW 891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 * TEL: 203-272-5881 » JURIS NO.: 408519 10. As a further result of the negligence of TYRONE PETERS, the plaintiff, BARBARA EASTWOOD, was unable, and remains unable, to participate in and enjoy his usual activities. 11. At the time of this collision, TYRONE PETERS carried automobile liability insurance with Progressive Casualty Insurance Company. 12. Progressive Casualty Insurance Company has paid or will pay the limits of its liability policy in full settlement of this claim to BARBARA EASTWOOD. 13. TYRONE PETERS has no secondary, excess or umbrella insurance policies that will cover his liability in this matter. 14. The limits of TYRONE PETERS’ policy are insufficient to compensate BARBARA EASTWOOD for her injuries. 15. At the time of this collision, BARBARA EASTWOOD carried automobile insurance with the defendant, SAFECO INSURANCE COMPANY OF ILLINOIS, under Policy Number K3035243. 16. BARBARA EASTWOOD is a covered person pursuant to the provisions of the defendant, SAFECO INSURANCE COMPANY OF ILLINOIS’s, policy issued to her. Page 8 of 12 MOORE, O'BRIEN & FOTI + ATTORNEYS AT LAW 891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 + TEL: 203-272-5881 » SURIS NO.: 408519 17. In accordance with § 38a-336 of the Connecticut General Statutes, the defendant, SAFECO INSURANCE COMPANY OF ILLINOIS, is required to provide, and its policy contains provisions for, underinsured motorist benefits for BARBARA EASTWOOD. 18. The defendant, SAFECO INSURANCE COMPANY OF ILLINOIS, has not paid compensation to BARBARA EASTWOOD for her injuries and losses. Page 9 of 12 MOORE, O’BRIEN & FOTI * ATTORNEYSAT LAW 891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 * TEL: 203-272-5881 * JURIS NO.: 408519 WHEREFORE, the plaintiff claims money damages. THE PLAIN’ BARBA EASTWOOD y, Garrett M. ore, Jr., Esq. Moore, O% tien & Foti 891 S) its Turnpike lebury, CT 06762 hone: (203) 272-5881 Juris No.: 408519 Her Attorneys Email: GMoorejr@mojylaw.com Page 10 of 12 MOORE, O’BRIEN & FOTI + ATTORNEYS AT LAW 891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 + TEL: 203-272-5881 * JURIS NO.: 408519 DOCKET NO.: UWY-CV-23-6068559 S SUPERIOR COURT BARBARA EASTWOOD J.D. OF WATERBURY Vs. AT WATERBURY TYRONE PETERS JANUARY 29, 2024 STATEMENT OF AMOUNT IN DEMAND The amount of money damages claimed is greater than Fifteen Thousand Dollars ($15,000.00), exclusive of interest and costs. THE PLAINTIFF, - BARBA STWOOD Garrett Moore, Jr., Esq. Moore; O'Brien & Foti Straits Turnpike Middlebury, CT 06762 Phone: (203) 272-5881 Juris No.: 408519 Her Attorneys Email: GMoorejr@mojylaw.com Page 11 of 12 MOORE, O'BRIEN & FOTI +» ATTORNEYSAT LAW 891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 * TEL: 203-272-5881 * JURIS NO.: 408519 CERTIFICATION I certify that a copy of this document was or will immediately be mailed or delivered electronically or non-electronically on January 29, 2024 to all attorneys and self-represented parties of record and that written consent for electronic delivery was received from all attorneys and self-represented parties of record who received or will immediately be receiving electronic delivery. Kelly A. Byron, Esq. Hanks, Olsen & Sheehan 538 Preston Avenue, Suite 305 Meriden, CT 06450 Email: ConnecticutHC@Progressive.com Stephen J. Leary, Esq. Law Office of Meehan, Di Palma, Roberts & Turret P.O. Box 6835 Scranton, PA 18505-6840 Email: Imlawet@libertymutual.com / ’ 4 GafrettM. M re, Jr., Esq Page 12 of 12 MOORE, O'BRIEN & FOTI + ATTORNEYS AT LAW 891 STRAITS TURNPIKE, MIDDLEBURY, CONNECTICUT 06762 * TEL: 203-272-5881 * JURIS NO.: 408519 OFFICER'S RETURN TO COURT STATE OF CONNECTICUT : SS. HARTFORD FEBRUARY 22, 2024 COUNTY OF HARTFORD : Then and by virtue hereof and by direction of the Plaintiff's attorney, | made due and legal service upon the within named Cited In Defendant, SAFECO INSURANCE COMPANY OF ILLINOIS, by leaving 2 true and attested copies of the within original MOTION TO CITE IN ADDITIONAL PARTY, ORDER, CERTIFICATION, WRIT SUMMONS-CIVIL, AMENDED COMPLAINT, STATEMENT OF AMOUNT IN DEMAND, CERTIFICATION, at the office of ANDREW N. MAIS, Insurance Commissioner of the State of Connecticut. Said Insurance Commissioner of the State of Connecticut is the duly authorized agent and attorney to accept service for the within named Cited In Defendant at 153 Market Street in said Town of Hartford. The within is the original MOTION TO CITE IN ADDITIONAL PARTY, ORDER, CERTIFICATION, WRIT SUMMONS-CIVIL, AMENDED COMPLAINT, STATEMENT OF AMOUNT IN DEMAND, CERTIFICATION, with my doings thereon endorsed ATTEST ——. FEES: SERVICE: $ 50.00 JOHN &¢ TRAVEL: 27.00 STATE MARSH, PAGES: 34.00 HART! INS. COMM.: 50.00 ENDORSEMENTS: 7.50 TOTAL: $168.50