Preview
ELECTRONICALLY FILED
COURT OF COMMON PLEAS
Tues , 2020 1:37:48
CASE NUMBER: 2020 CV 01968 Docket ID: 34571682
MIKE FOLEY
CLERK OF COURTS MONTGOMERY COUNTY OHIO
IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO
GENERAL DIVISON
SCOTT FLEDDERJOHN CASE NO.
775 N. King Street
Xenia, Ohio 45385
(Judge )
and
TERESA SELLERS
775 N. King Street
Xenia, Ohio 45385
COMPLAINT FOR PERSONAL
Plaintiff, INJURIES
vi
PROGRESSIVE SPECIALTY
INSURANCE COMPANY
P.O Box 89490
Cleveland, Ohio 44101
and
CHARLES R. TAYLOR
2011 Harding Avenue
Dayton, Ohio 45414
and
HUMANA MILITARY
8123 Datapoint Drive, Suite 100
San Antonio, Texas 78229
Defendants.
FIRST CLAIM FOR RELIEF
1 On or about May 20, 2018, at approximately 2:25 pm, Plaintiff, Scott
Fledderjohn, was operating his 2007 Yamaha FJR1300 motorcycle westbound on E Main Street
at or near its intersection with Harbison Avenue in the City of Xenia, Ohio. At this location,
Western Northern Boulevard consists of four lanes, with two lanes in each of the west and east
directions and additional space for parking on each side of the street. At all times, Plaintiff
Fledderjohn was exercising due care for his own safety and the safety of other motorists lawfully
on the roadway.
2 At or about the same time, Defendant, Charles R. Taylor, was operating his 2010
Dodge Ram pickup (“Taylor vehicle”) in the same lane and directly in front of the Fledderjohn
motorcycle on E. Main Street when he stopped at or near the residence located at 766 E. Main
Street to ask for directions. His vehicle was stopped primarily in the area designated for on-
street parking. At some point, Defendant Taylor pulled back into the westbound lane of travel
directly in front of the Fledderjohn motorcycle causing Plaintiff Fledderjohn to strike the rear
and left side of the Taylor vehicle.
3 Defendant Taylor’s negligent acts and/or omissions include, but are not limited to,
operating a vehicle at such an unreasonably slow speed as to impede or block the normal and
reasonable movement of traffic, failing to yield the right of way, failing to keep a proper lookout,
failing to maintain reasonable control of his vehicle, failing to operate a motor vehicle in a safe
fashion, driver inattention, and he was otherwise negligent.
4 The negligent acts and/or omissions of Defendant Taylor violated the Ohio
Revised Code Section 4511.22 (slow speed) and the City of Xenia Traffic Code Section 434.05
(slow speed/ posted minimum speeds), which constitutes negligence per se.
5 As the direct and proximate result of Defendant Taylor’s negligence, Plaintiff
Fledderjohn suffered injuries, including, but not limited to his head, collarbone, ribs, lungs, and
right leg, including several fractures, with accompanying pain and suffering, which conditions
may be permanent in nature. These injuries may be new injuries, or may be activations,
accelerations, and/or aggravations of preexisting conditions. Plaintiff Fledderjohn required
medical treatment for these injuries and has incurred medical expenses in excess of $94,567.23
and may continue to incur further such expenses in the future. He also incurred property damage
and lost wages in amounts to be determined. He has experienced and will continue to experience
pain and discomfort from time to time and has endured a loss of ability to perform the usual and
specific activities of life for a period of time since the collision.
SECOND CLAIM FOR RELIEF
6 Plaintiff, Teresa Sellers, adopts all of the allegations set forth in the foregoing
First Claim for Relief as if fully rewritten at length herein.
7
Plaintiff Sellers is and was at all pertinent times herein, the spouse of Plaintiff
Fledderjohn. She is responsible for medical bills incurred by her spouse.
8 As the direct and proximate result of the negligence of Defendant Taylor, Plaintiff
Sellers has lost the care, companionship, services, and consortium of her spouse, which loss may
be permanent in nature.
THIRD CLAIM FOR RELIEF
9 Plaintiffs Fledderjohn and Sellers adopt all of the foregoing allegations in the First
and Second Claims for Relief as if fully written here.
10. Defendant, Progressive Specialty Insurance Company, (hereinafter
“Progressive”), is a licensed insurance company doing business under the laws of the State of
Ohio.
11. Defendant, Progressive, provided automobile insurance to Plaintiff Eledderjohn
pursuant to its policy number 27841005. The declarations page is attached as Exhibit A. The
Progressive policy provided for $25,000 per person and $50,000 per collision in uninsured-
underinsured motorist coverage.
12. Plaintiffs are insureds under said UM/UIM coverage. Under the UM/UIM
provisions of said policy, Defendant Progressive contractually agreed to pay for the damages of
Plaintiffs up to the policy limits that arise out of a motor vehicle collision caused by another
motorist, where that motorist’s liability insurance is insufficient to compensate them for their
losses and damages.
13. Defendant Taylor is believed to be insured by Buckeye Insurance Group, but his
limits of liability coverage are unknown and may be insufficient to compensate Plaintiffs for
their losses and damages as previously set forth.
FOURTH CLAIM FOR RELIEF
14, Plaintiff Fledderjohn adopts all of the foregoing allegations in his First Claim for
Relief as if fully written here.
15. Defendant, Humana Military (hereinafter “Humana”), is the administrator of the
Tricare East Program that provides medical coverage to plan participants under the insurance
laws of the State of Ohio and the United States of America.
16. Defendant, Humana, provided health insurance to Plaintiff Fledderjohn at the time
of this incident.
17. Defendant, Humana, paid a portion of the medical bills incurred by Plaintiff
Fledderjohn that were causally related, reasonable and necessary to treat him and/or his injuries
resulting from this collision.
18. Defendant, Humana, will claim a right of subrogation and/or right of recovery
against Defendant Taylor and/or a right or recovery and/or right of reimbursement against
Plaintiff Fledderjohn as to the amounts it has paid on behalf of Plaintiff Fledderjohn.
WHEREFORE, Plaintiffs, Scott Fledderjohn and Teresa Sellers, demand judgment
against Defendant, Charles R. Taylor, in each of the First and Second Claims for Relief in an
amount in excess of $25,000; and in their Third Claim for Relief, Plaintiffs demand arbitration
should the Progressive policy require arbitration, or, in the alternative, they demand judgment
against Defendant Progressive in an amount up to the policy limits of $25,000 per person and
$50,000 per collision; and in his Fourth Claim for Relief, Plaintiff Fledderjohn demands that
Defendant Humana be required to set forth its claim for subrogation and/or right of recovery
against Defendant Taylor, and/or right of reimbursement and/or right of recovery against
Plaintiff Fledderjohn, or be forever barred from making a claim against either of the parties.
Plaintiff Fledderjohn further demands all other damages to which he may be entitled, as well as
costs and interest herein, and for such other and further relief as may be necessary and proper.
Respectfully submitted,
THE RICHARDS FIRM
bs.
Rhys J. Richards (0082386)
246 High Street
Hamilton, Ohio 45011
(513) 868-2731 (phone)
(513) 868-1190 (fax)
rhys@richardsinjurvfirm.com
Trial Attorney for Plaintiffs
INSTRUCTIONS FOR SERVICE
TO THE CLERK:
Please issue service of summons, together with a copy of the foregoing Complaint, by
certified mail, return receipt requested upon the following:
PROGRESSIVE SPECIALTY INSURANCE COMPANY
Box 89490
Cleveland, Ohio 44101
CHARLES R. TAYLOR
2011 Harding Avenue
Dayton, Ohio 45414
HUMANA MILITARY
8123 Datapoint Drive, Suite 100
San Antonio, Texas 78229
nheTU_.
Rhys J. Richards, Esq.
Trial Attorney for Plaintiffs
GREENE COUNTY INS:
2039 BELLBROOK AVE #A
XENIA, OH 45385 PROGRESSIVE
Policy number: 27841005
Underwriten by:
SCOTT FLEDDERJOHN Progressive Specially Insurance Co
775,N KING STREET
XENIA, OH 45385
May 12, 2017
Polley Period; Jun 21, 2017 - Jun 21, 2018
Page 1 of 2
'
4-937-374-0066
GREENE COUNTY INS
Motorcycle Insurance Contact your agent for personalized service,
progressivea: com
Coverage Summary ‘Online Service
Make payments, check billing activity, update
This is your Renewal policy information or check status of a claim.
Declarations Page 1-800-274-4499
To report a claim.
The coverages, limits and policy period shown apply only if you pay for this policyto renew.
Your coverage begins on June 21, 2017 at 12:01 a.m. This policy expires on June 21, 2018 at 12:01 a.m.
Your insurance policy anc any policy endorsements contain a full explanation of your coverage. The policy limits shown fora vehicle
May not be combined with the limits for the same coverage on another vehicle. The policy contract is form 5979 OH (10/09). The
contract is mocified by forms 2830 OH (06/13) and 9869 OH (04/11).
Drivers and household residents Addit 1 infer
Scatt Fiedderjohn Named insured
Outline of coverage
General policy coverage Limits Deductible Premium
O80 E50
Total general policy coverage $38
2005 KAWASAKI ZX1200 /ZZR1200 Engine displacement: 1164 ces
VIN JKAZX9C1 35A01 8466
cesses Limits Deductible Premium,
Liability Fo Others $24
Bodily Injury Liability $25,000 each person/$50,000 each accident
Property Damage Liability $25,000 each accident
Total premium for 2005 KAWASAKI $34
2007 YAMAHA FJR1300 Engine displacement: 1298 «’s
VIN JYARPI6E77A000704
Limi Deductible Premium
Liability ers.
toy injury Liabilit $25,000 each person/$50,000 each accident
Property Damage Liability accident
Road!
Total premium for 2007 YAMAHA.
Discount paid in ful 14,
Jotal 12 month pol icy premium if paid in full $98
PLAINTIFF’S
j
EXHIBIT
Fim 6489
CH (02/10)
A
Preview
ELECTRONICALLY FILED COURT OF COMMON PLEAS Tues , 2020 1:37:48 CASE NUMBER: 2020 CV 01968 Docket ID: 34571682 MIKE FOLEY CLERK OF COURTS MONTGOMERY COUNTY OHIO IN THE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO GENERAL DIVISON SCOTT FLEDDERJOHN CASE NO. 775 N. King Street Xenia, Ohio 45385 (Judge ) and TERESA SELLERS 775 N. King Street Xenia, Ohio 45385 COMPLAINT FOR PERSONAL Plaintiff, INJURIES vi PROGRESSIVE SPECIALTY INSURANCE COMPANY P.O Box 89490 Cleveland, Ohio 44101 and CHARLES R. TAYLOR 2011 Harding Avenue Dayton, Ohio 45414 and HUMANA MILITARY 8123 Datapoint Drive, Suite 100 San Antonio, Texas 78229 Defendants. FIRST CLAIM FOR RELIEF 1 On or about May 20, 2018, at approximately 2:25 pm, Plaintiff, Scott Fledderjohn, was operating his 2007 Yamaha FJR1300 motorcycle westbound on E Main Street at or near its intersection with Harbison Avenue in the City of Xenia, Ohio. At this location, Western Northern Boulevard consists of four lanes, with two lanes in each of the west and east directions and additional space for parking on each side of the street. At all times, Plaintiff Fledderjohn was exercising due care for his own safety and the safety of other motorists lawfully on the roadway. 2 At or about the same time, Defendant, Charles R. Taylor, was operating his 2010 Dodge Ram pickup (“Taylor vehicle”) in the same lane and directly in front of the Fledderjohn motorcycle on E. Main Street when he stopped at or near the residence located at 766 E. Main Street to ask for directions. His vehicle was stopped primarily in the area designated for on- street parking. At some point, Defendant Taylor pulled back into the westbound lane of travel directly in front of the Fledderjohn motorcycle causing Plaintiff Fledderjohn to strike the rear and left side of the Taylor vehicle. 3 Defendant Taylor’s negligent acts and/or omissions include, but are not limited to, operating a vehicle at such an unreasonably slow speed as to impede or block the normal and reasonable movement of traffic, failing to yield the right of way, failing to keep a proper lookout, failing to maintain reasonable control of his vehicle, failing to operate a motor vehicle in a safe fashion, driver inattention, and he was otherwise negligent. 4 The negligent acts and/or omissions of Defendant Taylor violated the Ohio Revised Code Section 4511.22 (slow speed) and the City of Xenia Traffic Code Section 434.05 (slow speed/ posted minimum speeds), which constitutes negligence per se. 5 As the direct and proximate result of Defendant Taylor’s negligence, Plaintiff Fledderjohn suffered injuries, including, but not limited to his head, collarbone, ribs, lungs, and right leg, including several fractures, with accompanying pain and suffering, which conditions may be permanent in nature. These injuries may be new injuries, or may be activations, accelerations, and/or aggravations of preexisting conditions. Plaintiff Fledderjohn required medical treatment for these injuries and has incurred medical expenses in excess of $94,567.23 and may continue to incur further such expenses in the future. He also incurred property damage and lost wages in amounts to be determined. He has experienced and will continue to experience pain and discomfort from time to time and has endured a loss of ability to perform the usual and specific activities of life for a period of time since the collision. SECOND CLAIM FOR RELIEF 6 Plaintiff, Teresa Sellers, adopts all of the allegations set forth in the foregoing First Claim for Relief as if fully rewritten at length herein. 7 Plaintiff Sellers is and was at all pertinent times herein, the spouse of Plaintiff Fledderjohn. She is responsible for medical bills incurred by her spouse. 8 As the direct and proximate result of the negligence of Defendant Taylor, Plaintiff Sellers has lost the care, companionship, services, and consortium of her spouse, which loss may be permanent in nature. THIRD CLAIM FOR RELIEF 9 Plaintiffs Fledderjohn and Sellers adopt all of the foregoing allegations in the First and Second Claims for Relief as if fully written here. 10. Defendant, Progressive Specialty Insurance Company, (hereinafter “Progressive”), is a licensed insurance company doing business under the laws of the State of Ohio. 11. Defendant, Progressive, provided automobile insurance to Plaintiff Eledderjohn pursuant to its policy number 27841005. The declarations page is attached as Exhibit A. The Progressive policy provided for $25,000 per person and $50,000 per collision in uninsured- underinsured motorist coverage. 12. Plaintiffs are insureds under said UM/UIM coverage. Under the UM/UIM provisions of said policy, Defendant Progressive contractually agreed to pay for the damages of Plaintiffs up to the policy limits that arise out of a motor vehicle collision caused by another motorist, where that motorist’s liability insurance is insufficient to compensate them for their losses and damages. 13. Defendant Taylor is believed to be insured by Buckeye Insurance Group, but his limits of liability coverage are unknown and may be insufficient to compensate Plaintiffs for their losses and damages as previously set forth. FOURTH CLAIM FOR RELIEF 14, Plaintiff Fledderjohn adopts all of the foregoing allegations in his First Claim for Relief as if fully written here. 15. Defendant, Humana Military (hereinafter “Humana”), is the administrator of the Tricare East Program that provides medical coverage to plan participants under the insurance laws of the State of Ohio and the United States of America. 16. Defendant, Humana, provided health insurance to Plaintiff Fledderjohn at the time of this incident. 17. Defendant, Humana, paid a portion of the medical bills incurred by Plaintiff Fledderjohn that were causally related, reasonable and necessary to treat him and/or his injuries resulting from this collision. 18. Defendant, Humana, will claim a right of subrogation and/or right of recovery against Defendant Taylor and/or a right or recovery and/or right of reimbursement against Plaintiff Fledderjohn as to the amounts it has paid on behalf of Plaintiff Fledderjohn. WHEREFORE, Plaintiffs, Scott Fledderjohn and Teresa Sellers, demand judgment against Defendant, Charles R. Taylor, in each of the First and Second Claims for Relief in an amount in excess of $25,000; and in their Third Claim for Relief, Plaintiffs demand arbitration should the Progressive policy require arbitration, or, in the alternative, they demand judgment against Defendant Progressive in an amount up to the policy limits of $25,000 per person and $50,000 per collision; and in his Fourth Claim for Relief, Plaintiff Fledderjohn demands that Defendant Humana be required to set forth its claim for subrogation and/or right of recovery against Defendant Taylor, and/or right of reimbursement and/or right of recovery against Plaintiff Fledderjohn, or be forever barred from making a claim against either of the parties. Plaintiff Fledderjohn further demands all other damages to which he may be entitled, as well as costs and interest herein, and for such other and further relief as may be necessary and proper. Respectfully submitted, THE RICHARDS FIRM bs. Rhys J. Richards (0082386) 246 High Street Hamilton, Ohio 45011 (513) 868-2731 (phone) (513) 868-1190 (fax) rhys@richardsinjurvfirm.com Trial Attorney for Plaintiffs INSTRUCTIONS FOR SERVICE TO THE CLERK: Please issue service of summons, together with a copy of the foregoing Complaint, by certified mail, return receipt requested upon the following: PROGRESSIVE SPECIALTY INSURANCE COMPANY Box 89490 Cleveland, Ohio 44101 CHARLES R. TAYLOR 2011 Harding Avenue Dayton, Ohio 45414 HUMANA MILITARY 8123 Datapoint Drive, Suite 100 San Antonio, Texas 78229 nheTU_. Rhys J. Richards, Esq. Trial Attorney for Plaintiffs GREENE COUNTY INS: 2039 BELLBROOK AVE #A XENIA, OH 45385 PROGRESSIVE Policy number: 27841005 Underwriten by: SCOTT FLEDDERJOHN Progressive Specially Insurance Co 775,N KING STREET XENIA, OH 45385 May 12, 2017 Polley Period; Jun 21, 2017 - Jun 21, 2018 Page 1 of 2 ' 4-937-374-0066 GREENE COUNTY INS Motorcycle Insurance Contact your agent for personalized service, progressivea: com Coverage Summary ‘Online Service Make payments, check billing activity, update This is your Renewal policy information or check status of a claim. Declarations Page 1-800-274-4499 To report a claim. The coverages, limits and policy period shown apply only if you pay for this policyto renew. Your coverage begins on June 21, 2017 at 12:01 a.m. This policy expires on June 21, 2018 at 12:01 a.m. Your insurance policy anc any policy endorsements contain a full explanation of your coverage. The policy limits shown fora vehicle May not be combined with the limits for the same coverage on another vehicle. The policy contract is form 5979 OH (10/09). The contract is mocified by forms 2830 OH (06/13) and 9869 OH (04/11). Drivers and household residents Addit 1 infer Scatt Fiedderjohn Named insured Outline of coverage General policy coverage Limits Deductible Premium O80 E50 Total general policy coverage $38 2005 KAWASAKI ZX1200 /ZZR1200 Engine displacement: 1164 ces VIN JKAZX9C1 35A01 8466 cesses Limits Deductible Premium, Liability Fo Others $24 Bodily Injury Liability $25,000 each person/$50,000 each accident Property Damage Liability $25,000 each accident Total premium for 2005 KAWASAKI $34 2007 YAMAHA FJR1300 Engine displacement: 1298 «’s VIN JYARPI6E77A000704 Limi Deductible Premium Liability ers. toy injury Liabilit $25,000 each person/$50,000 each accident Property Damage Liability accident Road! Total premium for 2007 YAMAHA. Discount paid in ful 14, Jotal 12 month pol icy premium if paid in full $98 PLAINTIFF’S j EXHIBIT Fim 6489 CH (02/10) A