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Filing # 182967741 E-Filed 10/01/2023 07:29:30 PM
IN THE COUNTY COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA.
PROGRESSIVE SELECT INS. CO. CASE NO.: 23001495SP
a/s/o STEVEN STRUNK,
Plaintiff,
vs.
MEGAN NICOLE MCGRATH A/K/A MEGAN N MCGRATH,
Defendant.
/
COMPLAINT
COMES NOW the Plaintiff, PROGRESSIVE SELECT INS. CO., as subrogee of
STEVEN STRUNK (hereinafter referred to as "insured") by and through the undersigned
attorneys, sues the Defendant, MEGAN NICOLE MCGRATH A/K/A MEGAN N
MCGRATH and alleges as follows:
1. That this is an action for damages in the amount of $2232.07, exclusive of costs and
pre-judgment interest.
2. At all times material to this cause, the Plaintiff was and is a foreign corporation,
licensed to do business in the State of Florida, and, in fact, doing business in the county in
which this suit has been filed and sues by virtue of contractual subrogation.
3. At all times material to this cause, Defendant was and is over the age of 18 years, a
natural person residing in the county in which this suit has been filed, and otherwise sui juris.
In the alternative, Defendant is concealing his/her whereabouts, and jurisdiction is proper under
Florida Statute 48.193, service of process may be made through the Florida Secretary of State
pursuant to Florida Statute 48.161. In the alternative, Defendant is an out-of-state resident who
is responsible for a motor vehicle accident in the state of Florida, jurisdiction is proper under
Florida Statute 48.193, and service of process may be made through the Florida Secretary of
State pursuant to Florida Statute 48.171.
4. To the best of the undersigned's knowledge and belief, the Defendant is not in the
military service of the United States nor that of any of its allies.
5. On or about 12/8/19, Defendant operated a motor vehicle at or near Kings Hwy and
Rampart, Port Charlotte, Charlotte County, Florida.
193488179 Markcity, Rothman, Cantwell & Breitner, P.A.
6. The motor vehicle operated by Defendant was owned by the Defendant and was
operated with the Defendant's knowledge and consent.
7. At the above time and place, Defendant operated said motor vehicle in such a
negligent and careless manner that a collision occurred.
8. Due to said negligence, the motor vehicle caused damage to Plaintiff's insured’s
vehicle.
9. At said time and place, the insured had in full force and effect a policy of insurance
issued by Plaintiff who covered the damages occasioned by the above negligence.
10. Pursuant to said policy of insurance, Plaintiff paid to or on behalf of the insured,
additional insured, or omnibus insured the sum of $1732.07 for property damage/loss, $0 for
reasonable rental, less $0 salvage recovery, if any, and $0 Med Pay.
11. Insured had a $500.00 deductible for which the Defendant is liable.
12. Plaintiff has an executed Release and Trust Agreement and/or sues by virtue of
constructive trust for the insured’s deductible.
WHEREFORE, the Plaintiff demands Judgment for damages against the Defendant in
the sum of $2232.07, together with costs and pre-judgment interest (calculated from the date
Plaintiff made payment to or on behalf of the insured), and any other relief this Honorable
Court may deem just and equitable.
DATED 12/7/2021 MARKCITY, ROTHMAN,
CANTWELL & BREITNER, P.A.
Attorneys for Plaintiff(s)
150 S. Pine Island Road, Suite 250
Plantation, Florida 33324
Tel: (954) 474-3616/Fax: (954) 474-0977
By: /s/ Michael R. Markcity, Esq.
FBN: 486220
Primary Email: eService@mrclawyer.com
193488179 Markcity, Rothman, Cantwell & Breitner, P.A.
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Filing # 182967741 E-Filed 10/01/2023 07:29:30 PM IN THE COUNTY COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA. PROGRESSIVE SELECT INS. CO. CASE NO.: 23001495SP a/s/o STEVEN STRUNK, Plaintiff, vs. MEGAN NICOLE MCGRATH A/K/A MEGAN N MCGRATH, Defendant. / COMPLAINT COMES NOW the Plaintiff, PROGRESSIVE SELECT INS. CO., as subrogee of STEVEN STRUNK (hereinafter referred to as "insured") by and through the undersigned attorneys, sues the Defendant, MEGAN NICOLE MCGRATH A/K/A MEGAN N MCGRATH and alleges as follows: 1. That this is an action for damages in the amount of $2232.07, exclusive of costs and pre-judgment interest. 2. At all times material to this cause, the Plaintiff was and is a foreign corporation, licensed to do business in the State of Florida, and, in fact, doing business in the county in which this suit has been filed and sues by virtue of contractual subrogation. 3. At all times material to this cause, Defendant was and is over the age of 18 years, a natural person residing in the county in which this suit has been filed, and otherwise sui juris. In the alternative, Defendant is concealing his/her whereabouts, and jurisdiction is proper under Florida Statute 48.193, service of process may be made through the Florida Secretary of State pursuant to Florida Statute 48.161. In the alternative, Defendant is an out-of-state resident who is responsible for a motor vehicle accident in the state of Florida, jurisdiction is proper under Florida Statute 48.193, and service of process may be made through the Florida Secretary of State pursuant to Florida Statute 48.171. 4. To the best of the undersigned's knowledge and belief, the Defendant is not in the military service of the United States nor that of any of its allies. 5. On or about 12/8/19, Defendant operated a motor vehicle at or near Kings Hwy and Rampart, Port Charlotte, Charlotte County, Florida. 193488179 Markcity, Rothman, Cantwell & Breitner, P.A. 6. The motor vehicle operated by Defendant was owned by the Defendant and was operated with the Defendant's knowledge and consent. 7. At the above time and place, Defendant operated said motor vehicle in such a negligent and careless manner that a collision occurred. 8. Due to said negligence, the motor vehicle caused damage to Plaintiff's insured’s vehicle. 9. At said time and place, the insured had in full force and effect a policy of insurance issued by Plaintiff who covered the damages occasioned by the above negligence. 10. Pursuant to said policy of insurance, Plaintiff paid to or on behalf of the insured, additional insured, or omnibus insured the sum of $1732.07 for property damage/loss, $0 for reasonable rental, less $0 salvage recovery, if any, and $0 Med Pay. 11. Insured had a $500.00 deductible for which the Defendant is liable. 12. Plaintiff has an executed Release and Trust Agreement and/or sues by virtue of constructive trust for the insured’s deductible. WHEREFORE, the Plaintiff demands Judgment for damages against the Defendant in the sum of $2232.07, together with costs and pre-judgment interest (calculated from the date Plaintiff made payment to or on behalf of the insured), and any other relief this Honorable Court may deem just and equitable. DATED 12/7/2021 MARKCITY, ROTHMAN, CANTWELL & BREITNER, P.A. Attorneys for Plaintiff(s) 150 S. Pine Island Road, Suite 250 Plantation, Florida 33324 Tel: (954) 474-3616/Fax: (954) 474-0977 By: /s/ Michael R. Markcity, Esq. FBN: 486220 Primary Email: eService@mrclawyer.com 193488179 Markcity, Rothman, Cantwell & Breitner, P.A.