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Filing # 195991977 E-Filed 04/11/2024 01:08:52 PM
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR MANATEE COUNTY, FLORIDA
CIVIL DIVISION
JANTZEN ADAMS,
Plaintiff,
CASE NO:
vs.
TONIA LYNN WHITTEN and
ALLSTATE FIRE & CASUALTY
INSURANCE COMPANY,
Defendants.
/
COMPLAINT
COMES NOW the Plaintiff, JANTZEN ADAMS, by and through his undersigned
attomeys, and sue Defendants, TONIA LYNN WHITTEN and ALLSTATE FIRE &
CASUALTY INSURANCE COMPANY, and alleges:
1 This is an action for damages that exceeds the sum of FIFTY THOUSAND
DOLLARS ($50,000.00), exclusive of costs, interest and attorneys’ fees (The estimated value of
Plaintiff's claim is in excess of the minimum jurisdictional threshold required by this Court).
Accordingly, Plaintiff has entered “$50,001” in the civil cover shect for the “cstimated amount of the
claim” as required in the preamble to the civil cover sheet for jurisdictional purposes only (the Florida
Supreme Court has ordered that the estimated “amount of claim” be set forth in the civil cover sheet
for data coilection and clerical purposes only). The actual value of Plaintiff's claim will be determined
by a fair and just jury in accordance with Article 1, Section 21, Fla. Const.
2 At all times material hereto, Plaintiff, JANTZEN ADAMS, was a resident of
Hillsborough County, Florida.
"2024CA000579AX" 195991977 Filed at Manatee County Clerk 04/11/2024 01:08:51 PM EDT
3 Atall times material hereto, Defendant, TONIA LYNN WHITTEN, was a resident
of Manatee County, Florida.
4 At all times material hereto, Defendant, ALLSTATE FIRE & CASUALTY
INSURANCE COMPANY, was a corporation authorized to do business and doing business in
Manatee County, Florida.
5 On or about September 25, 2023, Plaintiff, JANTZEN ADAMS, was operating a
motor vehicle at the intersection of Interstate I-75 and Mile Marker 219 in Manatee County, Florida.
6. On or about September 25, 2023, Defendant, TONIA LYNN WHITTEN, owned
and operated a motor vehicle at the intersection of Interstate I-75 and Mile Marker 219 in Manatee
County, Florida.
7. At that time and place, Defendant, TONIA LYNN WHITTEN, negligently
operated/and or mainatined the motor vehicle so that it collided with Plaintiff's motor vehicle.
8 At all times material hercto, Plaintiff, JANTZEN ADAMS, was covered under a
policy of insurance providing underinsured motorists’ coverage with Defendant, ALLSTATE
FIRE & CASUALTY INSURANCE COMPANY.
COUNTI
LIABILITY OF TONIA LYNN WHITTEN
Plaintiff, JANTZEN ADAMS, reiterates and realleges Paragraphs 1 through 8 as if more
fully sct forth herein and further alleges:
9. At that time and place Defendant, TONIA LYNN WHITTEN, negligently operated
or maintained the motor vehicle so that it collided with the vehicle in which Plaintiff, JANTZEN
ADAMS, was a driver.
10. Asa result, Plaintiff, JANTZEN ADAMS, suffered bodily injury and resulting pain
and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life,
expense of hospitalization, medical and nursing care and treatment, loss of carnings, loss of ability
"2024CA000579AX" 195991977 Filed at Manatee County Clerk 04/11/2024 01:08:51 PM EDT
to cam money, aggravation of a previously cxisting condition, and activation of a latent condition.
The losses are either permanent or continuing and Plaintiff will suffer the losses in the future.
WHEREFORE, the Plaintiff, JANTZEN ADAMS, demands judgment against the
Defendant, TONIA LYNN WHITTEN, in an amount in excess ofFifty Thousand ($50,000)
Dollars, and requests a trial by jury of all issues triable as of right by a jury.
COUNT
UNDERINSURED MOTORIST CLAIM
Plaintiff, JANTZEN ADAMS, reiterates and realleges Paragraphs 1 through 10 as if more
fully set forth herein and further alleges:
Il. At all times material hereto, Plaintiff, JANTZEN ADAMS, was covered under a
policy of insurance providing underinsured motorists’ coverage with Defendant ALLSTATE
FIRE & CASUALTY INSURANCE COMPANY.
12. This action is brought pursuant to Section 627.727, Fla. Stat., against Defendant
ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, as the underinsured motorist
insurer for Plaintiff, JANTZEN ADAMS.
13. Defendant, ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, is
responsible for underinsured motorists’ benefits as provided in the contract of insurance,
specifically, Policy No. 991107012, a copy of which is in Defendant’s possession. Alternatively,
Defendant is responsible for underinsured motorists’ benefits pursuant to Section 627.727, Fla.
Stat.
14. Plaintiff
has fumished Defendant ALLSTATE FIRE & CASUALTY
INSURANCE COMPANY, timely notice of the automobile crash and proof
of the claim for
damages described above and has otherwise performed all conditions precedent to entitle
recovery under the uninsured/underinsured portion of the policy but Defendant ALLSTATE
"2024CA000579AX" 195991977 Filed at Manatee County Clerk 04/11/2024 01:08:51 PM EDT
FIRE & CASUALTY INSURANCE COMPANY has denicd that coverage exists and/or
refused to pay Plaintiff
the full value ofthe claim.
15. As a direct and proximate result of the negligence of TONIA LYNN WHITTEN,
Plaintiff suffered bodily injury including a permanent injury to the body as a whole, pain and
suffering, disability, physical impairment, disfigurement, inconvenience, loss of capacity for the
enjoyment of life, activation and/or aggravation of an existing condition, activation of a latent
condition, expense of hospitalization, medical and nursing care and treatment, loss of carnings,
loss of ability to earn money and loss of ability to lead and enjoy a normal life. The losses are
either permanent or continuing and Plaintiff will suffer the losses in the future.
WHEREFORE the Plaintiff, JANTZEN ADAMS, demands judgment for damages, fees,
costs, prejudgment interest, and any other relief this Court deems appropriate against the
Defendant, ALLSTATE FIRE & CASUALTY INSURANCE COMPANY. Plaintiff also
demands a jury trial on all issues so triable.
DATED this 11" day of April 2024.
/s/ Christopher Borzell
Christopher Borzell, Attorney
Morgan & Morgan Tampa, P.A.
One Tampa City Center
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Tele: (941) 271-6384
Fax: (941) 271-6484
Florida Bar #: 68277
Attorney for Plaintiff
Primary Email: CBer rzeli@ForThePeople.com
Secondary: CP BE adin @ForThePcople.com
Paralegal: RHoward@ForThePeople.com
"2024CA000579AX" 195991977 Filed at Manatee County Clerk 04/11/2024 01:08:51 PM EDT
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Filing # 195991977 E-Filed 04/11/2024 01:08:52 PM IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR MANATEE COUNTY, FLORIDA CIVIL DIVISION JANTZEN ADAMS, Plaintiff, CASE NO: vs. TONIA LYNN WHITTEN and ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, Defendants. / COMPLAINT COMES NOW the Plaintiff, JANTZEN ADAMS, by and through his undersigned attomeys, and sue Defendants, TONIA LYNN WHITTEN and ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, and alleges: 1 This is an action for damages that exceeds the sum of FIFTY THOUSAND DOLLARS ($50,000.00), exclusive of costs, interest and attorneys’ fees (The estimated value of Plaintiff's claim is in excess of the minimum jurisdictional threshold required by this Court). Accordingly, Plaintiff has entered “$50,001” in the civil cover shect for the “cstimated amount of the claim” as required in the preamble to the civil cover sheet for jurisdictional purposes only (the Florida Supreme Court has ordered that the estimated “amount of claim” be set forth in the civil cover sheet for data coilection and clerical purposes only). The actual value of Plaintiff's claim will be determined by a fair and just jury in accordance with Article 1, Section 21, Fla. Const. 2 At all times material hereto, Plaintiff, JANTZEN ADAMS, was a resident of Hillsborough County, Florida. "2024CA000579AX" 195991977 Filed at Manatee County Clerk 04/11/2024 01:08:51 PM EDT 3 Atall times material hereto, Defendant, TONIA LYNN WHITTEN, was a resident of Manatee County, Florida. 4 At all times material hereto, Defendant, ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, was a corporation authorized to do business and doing business in Manatee County, Florida. 5 On or about September 25, 2023, Plaintiff, JANTZEN ADAMS, was operating a motor vehicle at the intersection of Interstate I-75 and Mile Marker 219 in Manatee County, Florida. 6. On or about September 25, 2023, Defendant, TONIA LYNN WHITTEN, owned and operated a motor vehicle at the intersection of Interstate I-75 and Mile Marker 219 in Manatee County, Florida. 7. At that time and place, Defendant, TONIA LYNN WHITTEN, negligently operated/and or mainatined the motor vehicle so that it collided with Plaintiff's motor vehicle. 8 At all times material hercto, Plaintiff, JANTZEN ADAMS, was covered under a policy of insurance providing underinsured motorists’ coverage with Defendant, ALLSTATE FIRE & CASUALTY INSURANCE COMPANY. COUNTI LIABILITY OF TONIA LYNN WHITTEN Plaintiff, JANTZEN ADAMS, reiterates and realleges Paragraphs 1 through 8 as if more fully sct forth herein and further alleges: 9. At that time and place Defendant, TONIA LYNN WHITTEN, negligently operated or maintained the motor vehicle so that it collided with the vehicle in which Plaintiff, JANTZEN ADAMS, was a driver. 10. Asa result, Plaintiff, JANTZEN ADAMS, suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of carnings, loss of ability "2024CA000579AX" 195991977 Filed at Manatee County Clerk 04/11/2024 01:08:51 PM EDT to cam money, aggravation of a previously cxisting condition, and activation of a latent condition. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. WHEREFORE, the Plaintiff, JANTZEN ADAMS, demands judgment against the Defendant, TONIA LYNN WHITTEN, in an amount in excess ofFifty Thousand ($50,000) Dollars, and requests a trial by jury of all issues triable as of right by a jury. COUNT UNDERINSURED MOTORIST CLAIM Plaintiff, JANTZEN ADAMS, reiterates and realleges Paragraphs 1 through 10 as if more fully set forth herein and further alleges: Il. At all times material hereto, Plaintiff, JANTZEN ADAMS, was covered under a policy of insurance providing underinsured motorists’ coverage with Defendant ALLSTATE FIRE & CASUALTY INSURANCE COMPANY. 12. This action is brought pursuant to Section 627.727, Fla. Stat., against Defendant ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, as the underinsured motorist insurer for Plaintiff, JANTZEN ADAMS. 13. Defendant, ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, is responsible for underinsured motorists’ benefits as provided in the contract of insurance, specifically, Policy No. 991107012, a copy of which is in Defendant’s possession. Alternatively, Defendant is responsible for underinsured motorists’ benefits pursuant to Section 627.727, Fla. Stat. 14. Plaintiff has fumished Defendant ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, timely notice of the automobile crash and proof of the claim for damages described above and has otherwise performed all conditions precedent to entitle recovery under the uninsured/underinsured portion of the policy but Defendant ALLSTATE "2024CA000579AX" 195991977 Filed at Manatee County Clerk 04/11/2024 01:08:51 PM EDT FIRE & CASUALTY INSURANCE COMPANY has denicd that coverage exists and/or refused to pay Plaintiff the full value ofthe claim. 15. As a direct and proximate result of the negligence of TONIA LYNN WHITTEN, Plaintiff suffered bodily injury including a permanent injury to the body as a whole, pain and suffering, disability, physical impairment, disfigurement, inconvenience, loss of capacity for the enjoyment of life, activation and/or aggravation of an existing condition, activation of a latent condition, expense of hospitalization, medical and nursing care and treatment, loss of carnings, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. WHEREFORE the Plaintiff, JANTZEN ADAMS, demands judgment for damages, fees, costs, prejudgment interest, and any other relief this Court deems appropriate against the Defendant, ALLSTATE FIRE & CASUALTY INSURANCE COMPANY. Plaintiff also demands a jury trial on all issues so triable. DATED this 11" day of April 2024. /s/ Christopher Borzell Christopher Borzell, Attorney Morgan & Morgan Tampa, P.A. One Tampa City Center 201 N. Franklin Street, 7th Floor Tampa, FL 33602 Tele: (941) 271-6384 Fax: (941) 271-6484 Florida Bar #: 68277 Attorney for Plaintiff Primary Email: CBer rzeli@ForThePeople.com Secondary: CP BE adin @ForThePcople.com Paralegal: RHoward@ForThePeople.com "2024CA000579AX" 195991977 Filed at Manatee County Clerk 04/11/2024 01:08:51 PM EDT