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RETURN DATE: JUNE 25, 2024 SUPERIOR COURT
ANTHONY DIBLASE, JR J.D. OF NEW HAVEN
Vv. AT NEW HAVEN
PROGRESSIVE DIRECT INSURANCE COMPANY MAY 8, 2024
COMPLAINT
At all times mentioned herein, the plaintiff, Anthony DiBlase, Jr., was a resident of
Milford, Connecticut.
On or about May 31, 2021, at approximately 7:45 a.m., the plaintiff, ANTHONY
DIBLASE, JR, was operating a motorcycle vehicle southbound on Interstate 81 in
Rockbridge County, Virginia, near on-ramp 205.
At the same time and place, the tortfeasor, Allysa Powell, was operating a motor vehicle
on on-ramp 205 to Interstate 81 Southbound in Rockbridge County, Virginia.
At said time and place, as the plaintiff was travelling in the right lane of 181 Southbound,
the tortfeasor, Allysa Powell, merged into the right lane and collided with the rearend of
the plaintiff’s motorcycle.
The aforementioned collision was caused by the negligence of the tortfeasor Allysa Powell,
in one or more of the following ways:
a. In that she failed to keep his automobile under reasonable and proper control;
b. In that she failed to maintain a proper look out for other vehicles or conditions on
the roadway or to pay attention to where she was heading;
In that she failed to apply her brakes in time or in a sufficient fashion so as to avoid
the collision;
In that she failed to sound her horn or to make any attempt whatsoever to give the
Plaintiff a timely warning of the impending collision;
In that she failed to turn her vehicle in order to avoid the collision;
In that she failed to otherwise use proper precautions or measures to avoid the
collision;
In that she failed to remain awake and alert during his operation of said vehicle;
In that she operated his motor vehicle at a rate of speed greater than what was
reasonable in light of the width, traffic and use of the highway in violation of the
common law;
In that she failed to operate her motor vehicle as nearly as practicable entirely within
a single lane of travel and moved her vehicle from such lane when such movement
could not be made with safety in violation of the common law;
In that he followed the plaintiff's vehicle too closely in violation of the common
law;
6. As a direct and proximate result of the tortfeasor’s negligence, the plaintiff, Anthony
DiBlase, Jr., did suffer injuries and damages some or all of which may be permanent in
nature including:
a. Lumbar spine injury;
b. Radiculopathy;
c, Associated physical pain and suffering.
As a direct and proximate result of the aforesaid negligence of the tortfeasor, the plaintiff,
Anthony DiBlase, Jr., has suffered and continues to suffer mental anguish, frustration and
anxiety over the fact that he was and remains injured.
As a direct and proximate result of the aforesaid negligence of the tortfeasor, the plaintiff,
Anthony DiBlase, Jr., has been forced to expend sums of money for medical care and
treatment, medications and therapy and may be forced to incur additional sums in the
future.
As a direct and proximate result of the aforesaid negligence of the tortfeasor, the plaintiff,
Anthony DiBlase, Jr., has been limited in his ability to engage in his usual occupation as
he had prior thereto and may be so limited in the future.
10 As a further result of the tortfeasor’s negligence, the plaintiff, Anthony DiBlase, Jr., has
been limited in his ability to enjoy and engage in all of life’s activities as he had prior
thereto and may be so limited in the future.
11 The defendant, Progressive Direct Insurance Company is an insurance company authorized
to do business in the State of Connecticut, in 2021 it was in the business of entering into
automobile insurance contracts with persons who own/or operate motor vehicles.
12. At all relevant times hereto, Anthony DiBlase, Jr. held an automobile insurance policy in
which ail insurance premiums were paid in full, and the policy was in full force and effect
as of the date of the plaintiffs injury which included uninsured/underinsured motorist
coverage.
13 At all relevant times hereto, the plaintiff, Ronald Jean-Pierre, was a lawful insured under
said policy with the defendant, Progressive Direct Insurance Company.
14 At all relevant times hereto, the tortfeasor, Allyssa Powell, was underinsured and therefore
was unable io fully compensate the Plaintiff for his injuries and losses.
15 At all relevant times hereto, the Plaintiff, Anthony DiBlase, Jr., has exhausted the
tortfeasor’s automobile liability policy.
16. The defendant, Progressive Direct Insurance Company is required to make payment to the
Plaintiff pursuant to Connecticut General Statutes Section 384-336.
WHEREFORE, the plaintiff claims:
1. Compensatory damages;
2. Such other relief the court deems appropriate.
THE PLAINTIFF,
By
RJ. WEBE! IL, ESQ
Weber & Rubano, LLC
401 Center Street
Wallingford, CT 06492
f
Phone? (203) 626-9172
Fax: 03) 626-9175
Juris No-s.432211
RETURN DATE: JUNE 25, 2024 SUPERIOR COURT
ANTHONY DIBLASE, JR. J.D. OF NEW HAVEN
Vv. AT NEW HAVEN
PROGRESSIVE DIRECT INSURANCE COMPANY MAY 8, 2024
STATEMENT OF AMOUNT IN DEMAND
The plaintiff claims money damages in excess of $15,000.00.
THE PLAINTIFF,
By
RJ. ER, III, ESQ.
Weber Rubano, LLC
401 Center Street
Wallingford, CT 06492
Phone: (203) 626-9172
Fax: (203) 626-9175
Juris No.: 432211
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RETURN DATE: JUNE 25, 2024 SUPERIOR COURT ANTHONY DIBLASE, JR J.D. OF NEW HAVEN Vv. AT NEW HAVEN PROGRESSIVE DIRECT INSURANCE COMPANY MAY 8, 2024 COMPLAINT At all times mentioned herein, the plaintiff, Anthony DiBlase, Jr., was a resident of Milford, Connecticut. On or about May 31, 2021, at approximately 7:45 a.m., the plaintiff, ANTHONY DIBLASE, JR, was operating a motorcycle vehicle southbound on Interstate 81 in Rockbridge County, Virginia, near on-ramp 205. At the same time and place, the tortfeasor, Allysa Powell, was operating a motor vehicle on on-ramp 205 to Interstate 81 Southbound in Rockbridge County, Virginia. At said time and place, as the plaintiff was travelling in the right lane of 181 Southbound, the tortfeasor, Allysa Powell, merged into the right lane and collided with the rearend of the plaintiff’s motorcycle. The aforementioned collision was caused by the negligence of the tortfeasor Allysa Powell, in one or more of the following ways: a. In that she failed to keep his automobile under reasonable and proper control; b. In that she failed to maintain a proper look out for other vehicles or conditions on the roadway or to pay attention to where she was heading; In that she failed to apply her brakes in time or in a sufficient fashion so as to avoid the collision; In that she failed to sound her horn or to make any attempt whatsoever to give the Plaintiff a timely warning of the impending collision; In that she failed to turn her vehicle in order to avoid the collision; In that she failed to otherwise use proper precautions or measures to avoid the collision; In that she failed to remain awake and alert during his operation of said vehicle; In that she operated his motor vehicle at a rate of speed greater than what was reasonable in light of the width, traffic and use of the highway in violation of the common law; In that she failed to operate her motor vehicle as nearly as practicable entirely within a single lane of travel and moved her vehicle from such lane when such movement could not be made with safety in violation of the common law; In that he followed the plaintiff's vehicle too closely in violation of the common law; 6. As a direct and proximate result of the tortfeasor’s negligence, the plaintiff, Anthony DiBlase, Jr., did suffer injuries and damages some or all of which may be permanent in nature including: a. Lumbar spine injury; b. Radiculopathy; c, Associated physical pain and suffering. As a direct and proximate result of the aforesaid negligence of the tortfeasor, the plaintiff, Anthony DiBlase, Jr., has suffered and continues to suffer mental anguish, frustration and anxiety over the fact that he was and remains injured. As a direct and proximate result of the aforesaid negligence of the tortfeasor, the plaintiff, Anthony DiBlase, Jr., has been forced to expend sums of money for medical care and treatment, medications and therapy and may be forced to incur additional sums in the future. As a direct and proximate result of the aforesaid negligence of the tortfeasor, the plaintiff, Anthony DiBlase, Jr., has been limited in his ability to engage in his usual occupation as he had prior thereto and may be so limited in the future. 10 As a further result of the tortfeasor’s negligence, the plaintiff, Anthony DiBlase, Jr., has been limited in his ability to enjoy and engage in all of life’s activities as he had prior thereto and may be so limited in the future. 11 The defendant, Progressive Direct Insurance Company is an insurance company authorized to do business in the State of Connecticut, in 2021 it was in the business of entering into automobile insurance contracts with persons who own/or operate motor vehicles. 12. At all relevant times hereto, Anthony DiBlase, Jr. held an automobile insurance policy in which ail insurance premiums were paid in full, and the policy was in full force and effect as of the date of the plaintiffs injury which included uninsured/underinsured motorist coverage. 13 At all relevant times hereto, the plaintiff, Ronald Jean-Pierre, was a lawful insured under said policy with the defendant, Progressive Direct Insurance Company. 14 At all relevant times hereto, the tortfeasor, Allyssa Powell, was underinsured and therefore was unable io fully compensate the Plaintiff for his injuries and losses. 15 At all relevant times hereto, the Plaintiff, Anthony DiBlase, Jr., has exhausted the tortfeasor’s automobile liability policy. 16. The defendant, Progressive Direct Insurance Company is required to make payment to the Plaintiff pursuant to Connecticut General Statutes Section 384-336. WHEREFORE, the plaintiff claims: 1. Compensatory damages; 2. Such other relief the court deems appropriate. THE PLAINTIFF, By RJ. WEBE! IL, ESQ Weber & Rubano, LLC 401 Center Street Wallingford, CT 06492 f Phone? (203) 626-9172 Fax: 03) 626-9175 Juris No-s.432211 RETURN DATE: JUNE 25, 2024 SUPERIOR COURT ANTHONY DIBLASE, JR. J.D. OF NEW HAVEN Vv. AT NEW HAVEN PROGRESSIVE DIRECT INSURANCE COMPANY MAY 8, 2024 STATEMENT OF AMOUNT IN DEMAND The plaintiff claims money damages in excess of $15,000.00. THE PLAINTIFF, By RJ. ER, III, ESQ. Weber Rubano, LLC 401 Center Street Wallingford, CT 06492 Phone: (203) 626-9172 Fax: (203) 626-9175 Juris No.: 432211