Complaint,Petition: GIRON, KAITLYN v. THE STANDARD FIRE INSURANCE COMPANY

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                                RETURN DATE: MAY 21, 2024                                          SUPERIOR COURT

KAITLYN GIRON                                                     J.D. of WATERBURY

v                                                                  at WATERBURY

THE STANDARD FIRE INSURANCE COMPANY                                 APRIL 17, 2024

                                    COMPLAINT
     On or about October 27, 2022 at or around 2:18 p.m., and at all times relevant hereto, The

     Standard Fire Insurance aka Travelers Insurance Company (hereinafter referred to as

     “Defendant”) with offices in the City of Hartford and State of Connecticut, was and is an

     insurance company duly authorized by the State of Connecticut to issue policies of insurance.

     On the aforementioned date, and for some time prior thereto, Jose Giron (hereinafter referred to

     as “Insured”) had a contract for automobile insurance with the Defendant under the provisions

     of an automobile policy designated as policy number 034294588, which included coverage for

     uninsured and under-insured motorist benefits.

     On the aforementioned date, Kaitlyn Giron (hereinafter referred to as “Plaintiff’) was the

     permissive operator of a 2006 Subaru Forester 2.5x Premium bearing Connecticut registration

     BG58242, owned by the Insured.

     At all times herein mentioned, all premiums due on said policy had been paid by the Insured and

     said policy was in full force and effect.
5.   On the aforementioned date, Patrick McGuire (hereinafter referred to as the “Under-insured

     Motorist”) was and/or is a resident of the Town of Wallingford and State of Connecticut and

     was the permissive operator of a 2012 Ford Mustang bearing Connecticut registration number

     800SJT, owned by Karen McGuire.

     On said date and at said time, the Plaintiff was operating her vehicle northbound on Merrow

     Road in the Town of Tolland and State of Connecticut when the Under-insured Motorist, who

     was also traveling northbound on Merrow Road in the Town of Tolland and State of

     Connecticut directly behind the Plaintiff, suddenly and without warning collided with the rear-

     end of Plaintiffs vehicle.

     The collision and resulting injuries and losses to the Plaintiff were caused by the carelessness

     and negligence of the Under-insured Motorist, in one or more of the following ways, in that:

         a,   He was following too closely in violation of Connecticut General Statutes § 14-240;

        b     He was inattentive and failed to keep a reasonable and proper lookout for
              other vehicles;

              He failed to keep his vehicle under a proper and reasonable control;

              He failed to maneuver his vehicle to the right or to the left to avoid striking
               the Plaintiff's vehicle, although by a proper and reasonable exercise of his
              faculties, he could have and should have done so;

              He failed to apply his brakes in time to avoid a collision, although by proper and
              reasonable exercise of his faculties, he could have and should have done so; and
f.     He failed under all the circumstances then and there existing to take
                  necessary precautions to avoid the probability of harm to the Plaintiff.

8.   Asa        result of the carelessness and negligence of the Under-insured Motorist, the Plaintiff was

     thrown about in her vehicle causing the following injuries, some of which may be permanent in

     nature:


                  Neck pain;
                  Right shoulder pain;
                  Mid back pain;
                  Low back pain;
                  Cervical Spine Impairment of 23%;
                  Lumbar Spine Impairment of 4%;
                  Whole Body Loss of 11%, and;
                  Associated pain and suffering.

9.   Asa        further result of the aforementioned carelessness and negligence of the Under-insured

     Motorist, the Plaintiff has incurred and will incur in the future considerable expenses for

     necessary hospital and medical treatment and pharmaceutical supplies of said injuries.

10. As a further result of the aforementioned carelessness and negligence of the Under-insured

     Motorist, the Plaintiff has suffered and will continue to suffer in the future tremendous physical

     pain and discomfort.

11. As a further result of the aforementioned carelessness and negligence of the Under-insured

     Motorist, the Plaintiff suffers from the fear and anxiety that future medical complications shall

     occur arising out of this incident.
12. As a further result of the aforementioned carelessness and negligence of the Under-insured

   Motorist, the Plaintiff suffered and will continue to suffer from the loss of ability to pursue and

   enjoy life's pleasures and activities.

13. As a further result of the aforementioned carelessness and negligence of the Under-insured

   Motorist, the Plaintiff may lose more time from work in the future.

14, The Under-insured Motorist did not have an adequate automobile insurance policy in effect at

   the time of said accident and as such is unable to compensate the Plaintiff for her injuries and

   losses as a consequence of this accident.

15. Pursuant to Connecticut General Statutes Section 38-336 et seq. and pursuant to the terms of the

   contract of insurance, the Plaintiff’s injuries and losses are the legal responsibility of the

   Defendant.
WHEREFORE, the Plaintiff claims:

      a.     money damages;

      b.     costs of this action; and

      Cc.    such other relief as the court deems just and proper.



                                                    PLAINTIFF,
                                                    KAITLYN GIRON

                                                     By: /s/ 402099
                                                    William C. Rivera, Esq.
                                                    The Rivera Law Group, LLC
                                                    17 Walnut Street
                                                    New Britain CT 06051
                                                    (860) 223-6699
                                                    Juris No. 431600
RETURN DATE: MAY 21, 2024                                       SUPERIOR COURT

KAITLYN GIRON                                                 J. D. of WATERBURY

V.                                                              at WATERBURY

TRAVELERS CASUALTY COMPANY                                      APRIL 17, 2024


                     STATEMENT OF AMOUNT IN DEMAND

The amount in demand is in excess of FIFTEEN THOUSAND and NO/100 ($15,000.00)

DOLLARS, exclusive of costs and interest.


                                             PLAINTIFF,
                                             KAITLYN GIRON

                                             By. —_ 402099.
                                              William C. Rivera, Esq.
                                             The Rivera Law Group, LLC
                                             17 Walnut Street
                                             New Britain CT 06051
                                             (860) 223-6699
                                             Juris No. 431600