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Filing # 130012112 E-Filed 07/02/2021 03:26:43 PM
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR BAY COUNTY
CIVIL DIVISION
AMANDA THORBURN,
Plaintiff,
CASE NO: 21000880CA
v.
DIVISION:
UNITED SERVICES AUTOMOBILE
ASSOCIATION,
Defendant.
a
COMPLAINT
COMES NOW the Plaintiff, AMANDA THORBURN, by and
through her undersigned attorney, and sues the Defendant, UNITED
SERVICES AUTOMOBILE ASSOCIATION, and alleges as follows:
1. This is an action seeking damages in excess of $30,000.00,
exclusive of costs, interest and attorney’s fees.
2. At all times material hereto, the Defendant, UNITED
SERVICES AUTOMOBILE ASSOCIATION, was a corporation duly
authorized to provide motor vehicle insurance within the State of Florida and
a seller of motor vehicle insurance policies providing underinsured motorist
coverage within the State of Florida.
3. On July 6, 2016, the Plaintiff, AMANDA THORBURN, was a
passenger in a motor vehicle operated by her mother, Jessica Thorburn, that
was slowing while turning into a Subway sandwich shop located on Thomas
Drive in Panama City Beach, Bay County, Florida.
4. On July 6, 2016, Jeremy Brown, was the owner and operator of
a motor vehicle being driven with his consent by Ethan Hicks, behind the
vehicle in which the Plaintiff, AMANDA THORBURN, was a passenger.
5. On July 6, 2016, Ethan Hicks, negligently operated, controlled,
and/or maintained the motor vehicle owned by Jeremy Brown, so as to cause
it to collide with the rear of the vehicle being operated by Jessica Thorburn,
in which the Plaintiff, AMANDA THORBURN, wasa passenger.
6. On July 6, 2016, there was a policy of motor vehicle insurance
in full force and effect that provided bodily injury liability insurance
coverage to Jeremy Brown and Ethan Hicks; however, the policy limits of
that policy of insurance were exhausted in providing compensation to other
parties injured in the subject accident, leaving Jeremy Brown and Ethan
Hicks as "uninsured motorists" with respect to the Plaintiff, AMANDA
THORBURN.
7. On the aforementioned date and time, a policy of motor vehicle
insurance issued by the Defendant, UNITED SERVICES AUTOMOBILE
ASSOCIATION, was in full force and effect that provided uninsured
motorist insurance coverage to the Plaintiff, AMANDA THORBURN. The
Plaintiff is not in possession of this insurance policy but the same is within
the possession of the Defendant, UNITED SERVICES AUTOMOBILE
ASSOCIATION, which is well aware of its conditions and coverage
provisions.
8. As a direct and proximate result of the aforementioned
negligent operation by Ethan Hicks, of the motor vehicle owned by the
Jeremy Brown, the Plaintiff, AMANDA THORBURN, suffered and will
continue to suffer in the future the following damages: permanent personal
injuries within a reasonable degree of medical probability, pain and
suffering, disability, mental anguish, disfigurement, loss of capacity of the
enjoyment of life, loss of earnings and earning capacity, aggravation of pre-
existing conditions, and medical expenses.
9. As a result of the injuries and damages suffered in the
aforementioned accident due to the negligent operation of a motor vehicle by
the uninsured motorists, the Plaintiff, AMANDA THORBURN, is entitled to
the recovery of uninsured motorist benefits under the policy of insurance
issued by the Defendant, UNITED SERVICES AUTOMOBILE
ASSOCIATION.
10. Should it be determined that the injuries sustained by the
Plaintiff, AMANDA THORBURN, as a result of the negligence of the
Defendant, JORDYN K. BRANNEN, in the operation of the motor vehicle
owned by the Defendant, SAMUEL L. BRANNEN, are not permanent
within a reasonable degree of medical probability, the Plaintiff seeks the
recovery of all medical expenses and lost wages not paid under her Personal
Injury Protection insurance coverage.
11. Prior to the filing of this action, demand was made upon the
Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, for the
payment of uninsured motorist benefits to the Plaintiff, but to date the
Defendant has failed and/or refused to pay such benefits in an amount that
will fully compensate the Plaintiff for her damages.
WHEREFORE, based upon the foregoing, the Plaintiff, AMANDA
THORBURN, demands judgment against the Defendant, UNITED
SERVICES AUTOMOBILE ASSOCIATION, for uninsured motorist
benefits, post-judgment interest and the costs of this action, and further
demands trial by jury on all issues so triable.
/x/ D. Michael Elkins
D. MICHAEL ELKINS
Alexander Shunnarah Trial Attorneys
1017 Thomasville Road, Suite C
Tallahassee, FL 32303
(850) 848-9368
(850) 696-1036 fax
melkins@alexandershunnarahlaw.com
dmichaelelkins@mac.com
Fla. Bar No. 358721
Counsel for Plaintiff
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Filing # 130012112 E-Filed 07/02/2021 03:26:43 PM IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, IN AND FOR BAY COUNTY CIVIL DIVISION AMANDA THORBURN, Plaintiff, CASE NO: 21000880CA v. DIVISION: UNITED SERVICES AUTOMOBILE ASSOCIATION, Defendant. a COMPLAINT COMES NOW the Plaintiff, AMANDA THORBURN, by and through her undersigned attorney, and sues the Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, and alleges as follows: 1. This is an action seeking damages in excess of $30,000.00, exclusive of costs, interest and attorney’s fees. 2. At all times material hereto, the Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, was a corporation duly authorized to provide motor vehicle insurance within the State of Florida and a seller of motor vehicle insurance policies providing underinsured motorist coverage within the State of Florida. 3. On July 6, 2016, the Plaintiff, AMANDA THORBURN, was a passenger in a motor vehicle operated by her mother, Jessica Thorburn, that was slowing while turning into a Subway sandwich shop located on Thomas Drive in Panama City Beach, Bay County, Florida. 4. On July 6, 2016, Jeremy Brown, was the owner and operator of a motor vehicle being driven with his consent by Ethan Hicks, behind the vehicle in which the Plaintiff, AMANDA THORBURN, was a passenger. 5. On July 6, 2016, Ethan Hicks, negligently operated, controlled, and/or maintained the motor vehicle owned by Jeremy Brown, so as to cause it to collide with the rear of the vehicle being operated by Jessica Thorburn, in which the Plaintiff, AMANDA THORBURN, wasa passenger. 6. On July 6, 2016, there was a policy of motor vehicle insurance in full force and effect that provided bodily injury liability insurance coverage to Jeremy Brown and Ethan Hicks; however, the policy limits of that policy of insurance were exhausted in providing compensation to other parties injured in the subject accident, leaving Jeremy Brown and Ethan Hicks as "uninsured motorists" with respect to the Plaintiff, AMANDA THORBURN. 7. On the aforementioned date and time, a policy of motor vehicle insurance issued by the Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, was in full force and effect that provided uninsured motorist insurance coverage to the Plaintiff, AMANDA THORBURN. The Plaintiff is not in possession of this insurance policy but the same is within the possession of the Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, which is well aware of its conditions and coverage provisions. 8. As a direct and proximate result of the aforementioned negligent operation by Ethan Hicks, of the motor vehicle owned by the Jeremy Brown, the Plaintiff, AMANDA THORBURN, suffered and will continue to suffer in the future the following damages: permanent personal injuries within a reasonable degree of medical probability, pain and suffering, disability, mental anguish, disfigurement, loss of capacity of the enjoyment of life, loss of earnings and earning capacity, aggravation of pre- existing conditions, and medical expenses. 9. As a result of the injuries and damages suffered in the aforementioned accident due to the negligent operation of a motor vehicle by the uninsured motorists, the Plaintiff, AMANDA THORBURN, is entitled to the recovery of uninsured motorist benefits under the policy of insurance issued by the Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION. 10. Should it be determined that the injuries sustained by the Plaintiff, AMANDA THORBURN, as a result of the negligence of the Defendant, JORDYN K. BRANNEN, in the operation of the motor vehicle owned by the Defendant, SAMUEL L. BRANNEN, are not permanent within a reasonable degree of medical probability, the Plaintiff seeks the recovery of all medical expenses and lost wages not paid under her Personal Injury Protection insurance coverage. 11. Prior to the filing of this action, demand was made upon the Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, for the payment of uninsured motorist benefits to the Plaintiff, but to date the Defendant has failed and/or refused to pay such benefits in an amount that will fully compensate the Plaintiff for her damages. WHEREFORE, based upon the foregoing, the Plaintiff, AMANDA THORBURN, demands judgment against the Defendant, UNITED SERVICES AUTOMOBILE ASSOCIATION, for uninsured motorist benefits, post-judgment interest and the costs of this action, and further demands trial by jury on all issues so triable. /x/ D. Michael Elkins D. MICHAEL ELKINS Alexander Shunnarah Trial Attorneys 1017 Thomasville Road, Suite C Tallahassee, FL 32303 (850) 848-9368 (850) 696-1036 fax melkins@alexandershunnarahlaw.com dmichaelelkins@mac.com Fla. Bar No. 358721 Counsel for Plaintiff