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MID-L-003046-24 05/22/2024 8:58:34 PM Pglof7 Trans ID: LCV20241306635
ICAZA, BURGESS, & GROSSMAN, P.C.
1008 BROAD STREET
NEWARK, NEW JERSEY 07102
(973) 799-0700
NJ ATTORNEY ID: 019581990
Attorneys for Plaintiffs
KARELINE SANCHEZ-MIRALLES and SUPERIOR COURT OF NEW JERSEY
GERTRUDIS FONSECA-AGUILAR, LAW DIVISION: MIDDLESEX COUNTY
DOCKET NO:
Plaintiffs,
vs.
SEAN M. SIMOES, SERVICE TIRE TRUCK CIVIL ACTION
CENTER, GEICO INSURANCE COMPANY,
JOHN DOE (name being fictitious) Complaint and Demand
and ABC CORPORATION (name being for Jury Trial
fictitious),
Defendants
The Plaintiff, Kareline Sanchez-Miralles, residing at 708
Linden Avenue, in the City of Elizabeth, County of Union, and State
of New Jersey, and Plaintiff, Gertrudis Fonseca-Aguilar, residing
at 708 Linden Avenue, in the City of Elizabeth, County of Union,
and State of New Jersey, say the following by way of Complaint
against the Defendants:
FIRST COUNT
1 On or about February 22, 2023, the Plaintiff, Kareline
Sanchez-Miralles, was lawfully operating a motor vehicle on a public
MID-L-003046-24 05/22/2024 8:58:34 PM Pg2of7 Trans ID: LCV20241306635
street in the Township of Woodbridge, County of Middlesex, and State
of New Jersey.
2 At the time and place aforesaid, the Defendant, Sean M.
Simoes and/or John Doe (name being fictitious) was the operator of a
motor vehicle, as the Agent, Servant and/or Employee of the owner of
the vehicle, defendant, Service Tire Truck Center, and/or ABC
Corporation (name being fictitious)
3 The Defendants so negligently operated their motor vehicle
as to cause a collision to occur.
4 As a result of the negligence of the Defendants, the
Plaintiffs sustained severe and grievous personal injuries, has
incurred and will in the future incur great medical expense, and has
endured and will in the future endure great pain and suffering.
WHEREFORE, the Plaintiffs demands judgment against the
Defendants for damages, interest and costs.
SECOND COUNT
1 The Plaintiff repeats the allegations contained in the
previous Count and incorporates the same by reference herein as
if set forth at length.
2 At the time of the accident, the Plaintiff, Kareline
Sanchez-Miralles was entitled to receive personal injury protection
benefits from the Defendant, Geico Insurance Company, under policy
number 4473222364, issued to Disney Verdecia-Fonseca, the named
insured thereunder.
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3 The Plaintiff has submitted a timely application for
benefits, together with all supporting documentation, but the
Defendant has failed and refused to honor the Plaintiff's claim for
the payment of reasonable and necessary medical expenses and other
benefits.
WHEREFORE, the Plaintiff demands judgment against
The Defendant for damages, interest, costs, penalties and attorneys'
fees.
THIRD COUNT
1 The Plaintiffs repeats the allegations contained in the
previous Count and incorporates the same by reference herein as
if set forth at length.
2 On or about February 22, 2023, the Plaintiff, Gertrudis
Fonseca-Aguilar was a passenger in the motor vehicle being operated
by Plaintiff, Kareline Sanchez-Miralles on a public street in the
Township of Woodbridge, County of Middlesex, and State of New
Jersey.
3 At the time and place aforesaid, the Defendant, Sean M.
Simoes and/or John Doe (name being fictitious) was the operator of a
motor vehicle, as the Agent, Servant and/or Employee of the owner of
the vehicle, defendant, Service Tire Truck Center, and/or ABC
Corporation (name being fictitious).
MID-L-003046-24 05/22/2024 8:58:34 PM Pg4of7 Trans ID: LCV20241306635
4 The Defendants so negligently operated their motor vehicle
as to cause a collision to occur.
5 As a result of the negligence of the Defendants, the
Plaintiffs sustained severe and grievous personal injuries, has
incurred and will in the future incur great medical expenses, and
has endured and will in the future endure great pain and suffering.
WHEREFORE, the Plaintiffs demands judgment against
the Defendants for damages, interest and costs.
FOURTH COUNT
1. The Plaintiff repeats the allegations contained in the
previous Count and incorporates the same by reference herein as
if set forth at length.
2 At the time of the accident, the Plaintiff, Gertrudis
Fonseca-Aguilar, was entitled to receive personal injury protection
benefits from the Defendant, Geico Insurance Company, under
policy number 4473222364, issued to Disney Verdecia-Fonseca, the
named insured thereunder.
3 The Plaintiff has submitted a timely application for
benefits, together with all supporting documentation, but the
Defendant has failed and refused to honor the Plaintiff's claim
for the payment of reasonable and necessary medical expenses and
other benefits.
MID-L-003046-24 05/22/2024 8:58:34 PM Pg5of7 Trans ID: LCV20241306635
WHEREFORE, the Plaintiff demands judgment against
The Defendant for damages, interest, costs, penalties and attorneys'
fees.
ICAZA, BURGESS, & GI P.C.
BY: JU: ICAZA
Dated: May 2, 2024
JURY DEMAND
The Plaintiff hereby demands a trial by jury as to all
issues contained herein.
ICAZA, BURGESS | & GROS:
BY: JUAN L.
Dated: May 2, 2024
MID-L-003046-24 05/22/2024 8:58:34 PM Pg6of7 Trans ID: LCV20241306635
DESIGNATION OF TRIAL COUNSEL
In accordance with R.4:5-1 (c), Douglas D. Burgess, Esq.,
Attorney ID: 043121992 is hereby designated as trial counsel.
ICAZA, BURGESS, & GROSSMAN, P.C.
BY: JUAN AZA
Dated: May 2, 2024
CERTIFICATION
I certify that the matter in controversy is not the subject
of any pending action or arbitration proceeding, and that no
other such action or arbitration is contemplated.
ICAZA, BURGESS, GROSSMAN, P.C
BY JU. \CAZA
Dated: May 2, 2024
MID-L-003046-24 05/22/2024 8:58:34 PM Pg7of7 Trans ID: LCV20241306635
NOTICE PURSUANT TO RULES 1:5-1(a) AND 4:17(c)
PLEASE TAKE NOTICE that the undersigned attorney hereby demands
that each party herein serving pleadings and/or Interrogatories
and/or receiving answers hereto serve copies of all such pleadings
and answered Interrogatories received from any party upon the
undersigned. PLEASE TAKE FURTHER NOTICE that this is a continuing
demand.
ICAZA, BURGHSS, & GROSSMAN, P.C.
BY JU: CRY
Dated: May 2, 2024
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MID-L-003046-24 05/22/2024 8:58:34 PM Pglof7 Trans ID: LCV20241306635 ICAZA, BURGESS, & GROSSMAN, P.C. 1008 BROAD STREET NEWARK, NEW JERSEY 07102 (973) 799-0700 NJ ATTORNEY ID: 019581990 Attorneys for Plaintiffs KARELINE SANCHEZ-MIRALLES and SUPERIOR COURT OF NEW JERSEY GERTRUDIS FONSECA-AGUILAR, LAW DIVISION: MIDDLESEX COUNTY DOCKET NO: Plaintiffs, vs. SEAN M. SIMOES, SERVICE TIRE TRUCK CIVIL ACTION CENTER, GEICO INSURANCE COMPANY, JOHN DOE (name being fictitious) Complaint and Demand and ABC CORPORATION (name being for Jury Trial fictitious), Defendants The Plaintiff, Kareline Sanchez-Miralles, residing at 708 Linden Avenue, in the City of Elizabeth, County of Union, and State of New Jersey, and Plaintiff, Gertrudis Fonseca-Aguilar, residing at 708 Linden Avenue, in the City of Elizabeth, County of Union, and State of New Jersey, say the following by way of Complaint against the Defendants: FIRST COUNT 1 On or about February 22, 2023, the Plaintiff, Kareline Sanchez-Miralles, was lawfully operating a motor vehicle on a public MID-L-003046-24 05/22/2024 8:58:34 PM Pg2of7 Trans ID: LCV20241306635 street in the Township of Woodbridge, County of Middlesex, and State of New Jersey. 2 At the time and place aforesaid, the Defendant, Sean M. Simoes and/or John Doe (name being fictitious) was the operator of a motor vehicle, as the Agent, Servant and/or Employee of the owner of the vehicle, defendant, Service Tire Truck Center, and/or ABC Corporation (name being fictitious) 3 The Defendants so negligently operated their motor vehicle as to cause a collision to occur. 4 As a result of the negligence of the Defendants, the Plaintiffs sustained severe and grievous personal injuries, has incurred and will in the future incur great medical expense, and has endured and will in the future endure great pain and suffering. WHEREFORE, the Plaintiffs demands judgment against the Defendants for damages, interest and costs. SECOND COUNT 1 The Plaintiff repeats the allegations contained in the previous Count and incorporates the same by reference herein as if set forth at length. 2 At the time of the accident, the Plaintiff, Kareline Sanchez-Miralles was entitled to receive personal injury protection benefits from the Defendant, Geico Insurance Company, under policy number 4473222364, issued to Disney Verdecia-Fonseca, the named insured thereunder. MID-L-003046-24 05/22/2024 8:58:34 PM Pg3o0f7 Trans ID: LCV20241306635 3 The Plaintiff has submitted a timely application for benefits, together with all supporting documentation, but the Defendant has failed and refused to honor the Plaintiff's claim for the payment of reasonable and necessary medical expenses and other benefits. WHEREFORE, the Plaintiff demands judgment against The Defendant for damages, interest, costs, penalties and attorneys' fees. THIRD COUNT 1 The Plaintiffs repeats the allegations contained in the previous Count and incorporates the same by reference herein as if set forth at length. 2 On or about February 22, 2023, the Plaintiff, Gertrudis Fonseca-Aguilar was a passenger in the motor vehicle being operated by Plaintiff, Kareline Sanchez-Miralles on a public street in the Township of Woodbridge, County of Middlesex, and State of New Jersey. 3 At the time and place aforesaid, the Defendant, Sean M. Simoes and/or John Doe (name being fictitious) was the operator of a motor vehicle, as the Agent, Servant and/or Employee of the owner of the vehicle, defendant, Service Tire Truck Center, and/or ABC Corporation (name being fictitious). MID-L-003046-24 05/22/2024 8:58:34 PM Pg4of7 Trans ID: LCV20241306635 4 The Defendants so negligently operated their motor vehicle as to cause a collision to occur. 5 As a result of the negligence of the Defendants, the Plaintiffs sustained severe and grievous personal injuries, has incurred and will in the future incur great medical expenses, and has endured and will in the future endure great pain and suffering. WHEREFORE, the Plaintiffs demands judgment against the Defendants for damages, interest and costs. FOURTH COUNT 1. The Plaintiff repeats the allegations contained in the previous Count and incorporates the same by reference herein as if set forth at length. 2 At the time of the accident, the Plaintiff, Gertrudis Fonseca-Aguilar, was entitled to receive personal injury protection benefits from the Defendant, Geico Insurance Company, under policy number 4473222364, issued to Disney Verdecia-Fonseca, the named insured thereunder. 3 The Plaintiff has submitted a timely application for benefits, together with all supporting documentation, but the Defendant has failed and refused to honor the Plaintiff's claim for the payment of reasonable and necessary medical expenses and other benefits. MID-L-003046-24 05/22/2024 8:58:34 PM Pg5of7 Trans ID: LCV20241306635 WHEREFORE, the Plaintiff demands judgment against The Defendant for damages, interest, costs, penalties and attorneys' fees. ICAZA, BURGESS, & GI P.C. BY: JU: ICAZA Dated: May 2, 2024 JURY DEMAND The Plaintiff hereby demands a trial by jury as to all issues contained herein. ICAZA, BURGESS | & GROS: BY: JUAN L. Dated: May 2, 2024 MID-L-003046-24 05/22/2024 8:58:34 PM Pg6of7 Trans ID: LCV20241306635 DESIGNATION OF TRIAL COUNSEL In accordance with R.4:5-1 (c), Douglas D. Burgess, Esq., Attorney ID: 043121992 is hereby designated as trial counsel. ICAZA, BURGESS, & GROSSMAN, P.C. BY: JUAN AZA Dated: May 2, 2024 CERTIFICATION I certify that the matter in controversy is not the subject of any pending action or arbitration proceeding, and that no other such action or arbitration is contemplated. ICAZA, BURGESS, GROSSMAN, P.C BY JU. \CAZA Dated: May 2, 2024 MID-L-003046-24 05/22/2024 8:58:34 PM Pg7of7 Trans ID: LCV20241306635 NOTICE PURSUANT TO RULES 1:5-1(a) AND 4:17(c) PLEASE TAKE NOTICE that the undersigned attorney hereby demands that each party herein serving pleadings and/or Interrogatories and/or receiving answers hereto serve copies of all such pleadings and answered Interrogatories received from any party upon the undersigned. PLEASE TAKE FURTHER NOTICE that this is a continuing demand. ICAZA, BURGHSS, & GROSSMAN, P.C. BY JU: CRY Dated: May 2, 2024