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RETURN DATE: April 9, 2019 g SUPERIOR COURT
Jose Delacruz Z J.D. OF WATERBURY
Vv. y AT WATERBURY
Geico General Insurance Company ql February 27, 2019
COMPLAINT
1. On or about May 2, 2017 at approximately 7:12 p.m., and at all times relevant
hereto, Geico General Insurance Company(hereinafter referred to as the “Defendant”), with offices in
Fredericksburg, Virginia was and is an insurance company duly authorized by the state of
Connecticut to issue policies of insurance.
2. On the aforementioned date, and for some time prior thereto, Jose Delacruz
(hereinafter referred to as the “Insured”) had a contract for automobile insurance with the Defendant
under the provisions of an automobile policy designated as policy number 4239-33-78-03, which
included coverage for uninsured and under-insured motorist benefits.
ar At all times mentioned herein, all premiums due on said policy had been paid by
the Insured and said policy was in full force and effect.
4. At all times herein mentioned, Jose Delacruz (hereinafter referred to as the
“Plaintiff’), was and is a resident of the city of Waterbury and the state of Connecticut.5; On the aforementioned date, the Plaintiff was a driver in a 2010 Honda CR-V-EX
motor vehicle bearing Connecticut registration number 349NIJP that he insured.
6. At all times herein mentioned, Edward Charette (hereinafter referred to as the
“Underinsured Motorist”), was and/or is a resident of the Town of Wolcott and state of Connecticut
and was the lawful operator, of a 2000 Chevy Silverado motor vehicle bearing Connecticut
registration number C094019.
7. On said date and at said time, the Plaintiff was traveling Eastbound on East Farm
Street in Waterbury, Connecticut when the Underinsured Motorist’s vehicle collided with the
Plaintiff's rear of the plaintiffs vehicle.
8. The collision and resulting injuries and losses to the Plaintiff were caused by the
carelessness and negligence of the Underinsured Motorist, in one or more of the following ways, in
that:
a. he failed to provide a reasonable and prudent distance between his vehicle and
other vehicles using public roadways in violation of Connecticut General
Statutes § 14-240;
b. he was inattentive and failed to keep a reasonable and proper lookout for other
vehicles using said roadway;
c he failed to keep his vehicle under a proper and reasonable control;d. he failed to maneuver his vehicle to the right or to the left to avoid causing a
chain reaction of collisions, resulting in the collision of a vehicle with
Plaintiff's vehicle, although by a proper and reasonable exercise of his
faculties, he could have and should have done so;
e. he failed to apply his brakes in time to avoid a collision, although by a
proper and reasonable exercise of his faculties, he could have and should
have done so; and
f. he failed under all the circumstances then and there existing to take
necessary precautions to avoid the probability of harm to the Plaintiff.
g he traveled unreasonably fast under the conditions of the road in violation of
Connecticut General Statutes § 14-218a;
10. As aresult of the carelessness and negligence of the Under insured Motorist, the
Plaintiff was thrown about in the motor vehicle causing the following injuries, but not limited to
those mentioned, some of which may be permanent in nature:
a. Five Percent Permanent Impairment to Lumbar;
b. Right wrist fraying of the mid portion of the triangular;
fibrocartilage with a possible tear;
c. Associated Pain and Suffering
11. Asa further result of the Under insured Motorist’s aforementioned carelessness and
negligence, the Plaintiff has incurred and will continue to incur in the future considerable expenses
for necessary hospital and medical treatment and pharmaceutical supplies.12. Asa further result of the Under insured Motorist's aforementioned carelessness and
negligence, the Plaintiff has suffered and will continue to suffer in the future tremendous physical
pain and discomfort.
i
13. Asa further result of the Under insured Motorist's aforementioned carelessness and
negligence, the Plaintiff suffers from the fear and anxiety that future medical complications may
occur, arising out of this incident.
14. Asa further result of the Under insured Motorist's aforementioned carelessness and
negligence, the Plaintiff suffered and will continue to suffer from the loss of ability to pursue and
enjoy life's pleasures and activities.
15. The Under insured Motorist did not have an adequate automobile insurance policy in
effect at the time of said accident and as such is unable to compensate the Plaintiff for his injuries
and losses as a consequence of this accident.
16. Pursuant to Connecticut General Statutes Section 38-336 et seq. and pursuant to the
terms of the contract of insurance, the Plaintiff’s injuries and losses are the legal responsibility of the
Under insured Owner.
17. Asa further result of the Under insured Motorist’s aforementioned carelessness and
negligence, the Plaintiff may lose time from employment, to his financial loss.WHEREFORE, the Plaintiff claims:
a money damages;
b. costs of this action; and
c, such other relief as the Court deems just and proper.
PLAINTIFF,
Jose Lo
MM
William C. Rivera
The Rivera Law Group, LLC
17 Walnut Street
New Britain, CT 06051
(860) 223-6699 Phone
(860) 223-0703 Fax
Firm Juris No. 431600RETURN DATE: April 9, 2019 : SUPERIOR COURT
Jose Delacruz ; J.D, OF WATERBURY
Vv. : AT WATERBURY
Geico General Insurance Company : February 27, 2019
STATEMENT OF AMOUNT IN DEMAND
The amount in demand is in excess of FIFTEEN THOUSAND and NO/100 ($15,000.00)
DOLLARS, exclusive of costs and interest.
PLAINTIFF,
Jose Delacruz
LU
William C. Rivera
The Rivera Law Group, LLC
17 Walnut Street
New Britain, CT 06051
(860) 223-6699 Phone
(860) 223-0703 Fax
Firm Juris No. 431600
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RETURN DATE: April 9, 2019 g SUPERIOR COURT Jose Delacruz Z J.D. OF WATERBURY Vv. y AT WATERBURY Geico General Insurance Company ql February 27, 2019 COMPLAINT 1. On or about May 2, 2017 at approximately 7:12 p.m., and at all times relevant hereto, Geico General Insurance Company(hereinafter referred to as the “Defendant”), with offices in Fredericksburg, Virginia was and is an insurance company duly authorized by the state of Connecticut to issue policies of insurance. 2. On the aforementioned date, and for some time prior thereto, Jose Delacruz (hereinafter referred to as the “Insured”) had a contract for automobile insurance with the Defendant under the provisions of an automobile policy designated as policy number 4239-33-78-03, which included coverage for uninsured and under-insured motorist benefits. ar At all times mentioned herein, all premiums due on said policy had been paid by the Insured and said policy was in full force and effect. 4. At all times herein mentioned, Jose Delacruz (hereinafter referred to as the “Plaintiff’), was and is a resident of the city of Waterbury and the state of Connecticut.5; On the aforementioned date, the Plaintiff was a driver in a 2010 Honda CR-V-EX motor vehicle bearing Connecticut registration number 349NIJP that he insured. 6. At all times herein mentioned, Edward Charette (hereinafter referred to as the “Underinsured Motorist”), was and/or is a resident of the Town of Wolcott and state of Connecticut and was the lawful operator, of a 2000 Chevy Silverado motor vehicle bearing Connecticut registration number C094019. 7. On said date and at said time, the Plaintiff was traveling Eastbound on East Farm Street in Waterbury, Connecticut when the Underinsured Motorist’s vehicle collided with the Plaintiff's rear of the plaintiffs vehicle. 8. The collision and resulting injuries and losses to the Plaintiff were caused by the carelessness and negligence of the Underinsured Motorist, in one or more of the following ways, in that: a. he failed to provide a reasonable and prudent distance between his vehicle and other vehicles using public roadways in violation of Connecticut General Statutes § 14-240; b. he was inattentive and failed to keep a reasonable and proper lookout for other vehicles using said roadway; c he failed to keep his vehicle under a proper and reasonable control;d. he failed to maneuver his vehicle to the right or to the left to avoid causing a chain reaction of collisions, resulting in the collision of a vehicle with Plaintiff's vehicle, although by a proper and reasonable exercise of his faculties, he could have and should have done so; e. he failed to apply his brakes in time to avoid a collision, although by a proper and reasonable exercise of his faculties, he could have and should have done so; and f. he failed under all the circumstances then and there existing to take necessary precautions to avoid the probability of harm to the Plaintiff. g he traveled unreasonably fast under the conditions of the road in violation of Connecticut General Statutes § 14-218a; 10. As aresult of the carelessness and negligence of the Under insured Motorist, the Plaintiff was thrown about in the motor vehicle causing the following injuries, but not limited to those mentioned, some of which may be permanent in nature: a. Five Percent Permanent Impairment to Lumbar; b. Right wrist fraying of the mid portion of the triangular; fibrocartilage with a possible tear; c. Associated Pain and Suffering 11. Asa further result of the Under insured Motorist’s aforementioned carelessness and negligence, the Plaintiff has incurred and will continue to incur in the future considerable expenses for necessary hospital and medical treatment and pharmaceutical supplies.12. Asa further result of the Under insured Motorist's aforementioned carelessness and negligence, the Plaintiff has suffered and will continue to suffer in the future tremendous physical pain and discomfort. i 13. Asa further result of the Under insured Motorist's aforementioned carelessness and negligence, the Plaintiff suffers from the fear and anxiety that future medical complications may occur, arising out of this incident. 14. Asa further result of the Under insured Motorist's aforementioned carelessness and negligence, the Plaintiff suffered and will continue to suffer from the loss of ability to pursue and enjoy life's pleasures and activities. 15. The Under insured Motorist did not have an adequate automobile insurance policy in effect at the time of said accident and as such is unable to compensate the Plaintiff for his injuries and losses as a consequence of this accident. 16. Pursuant to Connecticut General Statutes Section 38-336 et seq. and pursuant to the terms of the contract of insurance, the Plaintiff’s injuries and losses are the legal responsibility of the Under insured Owner. 17. Asa further result of the Under insured Motorist’s aforementioned carelessness and negligence, the Plaintiff may lose time from employment, to his financial loss.WHEREFORE, the Plaintiff claims: a money damages; b. costs of this action; and c, such other relief as the Court deems just and proper. PLAINTIFF, Jose Lo MM William C. Rivera The Rivera Law Group, LLC 17 Walnut Street New Britain, CT 06051 (860) 223-6699 Phone (860) 223-0703 Fax Firm Juris No. 431600RETURN DATE: April 9, 2019 : SUPERIOR COURT Jose Delacruz ; J.D, OF WATERBURY Vv. : AT WATERBURY Geico General Insurance Company : February 27, 2019 STATEMENT OF AMOUNT IN DEMAND The amount in demand is in excess of FIFTEEN THOUSAND and NO/100 ($15,000.00) DOLLARS, exclusive of costs and interest. PLAINTIFF, Jose Delacruz LU William C. Rivera The Rivera Law Group, LLC 17 Walnut Street New Britain, CT 06051 (860) 223-6699 Phone (860) 223-0703 Fax Firm Juris No. 431600