On December 27, 2016 a
Summons
was filed
involving a dispute between
and
Evelyn Garcia,
for CA Auto Negligence
in the District Court of Lee County.
Preview
Filing # 50495148 E-Filed 12/27/2016 10:12:34 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY,
FLORIDA.
CALIFORNIA CASUALTY INDEMNITY CIVIL DIVISION
EXCHANGE, SUBROGEE OF ASHLEY
CHILDERS CASE NUMBER
Plaintiff,
vs.
EVELYN ROSA GARCIA,
Defendant.
/
COMPLAINT
COMES NOW, the Plaintiff, by and through its undersigned Counsel, and sues Defendant and
states as follows
GENERAL ALLEGATIONS
1) This is an action for damages within the jurisdictional limits of this court.
2) Plaintiff is an Insurance Company, registered with the Florida Department of State to do business
in State of Florida and doing business in LEE County, Florida.
3) Defendant is a resident of LEE County, Florida or, alternatively, Defendant is concealing herself
within the State of Florida or is a nonresident of the State of Florida who accepted the privilege extended
by Florida law to nonresidents of operating a motor vehicle or of having it operated, or permitting any
motor vehicle owned or leased or controlled by Defendant to be operated with Defendant's knowledge or
permission, acquiescence or consent within Florida and by operation of the motor vehicle either in person,
or by or through Defendant’s servants, agents or employees, or by persons with Defendant’s knowledge,
acquiescence or consent and thereby constituted the Secretary of State of Florida as Defendant’s agent for
the service of process in a civil action in Florida arising out of or by reason of any accident or collision
occurring within Florida in which the motor vehicle is involved. Corporate Defendant is a Florida
Corporation, registered with the Florida Department of State to do business in the State of Florida and
16-213683 - ShC
PAGE 1 OF 2
eFiled Lee County Clerk of Courts Page 1doing business in LEE County, Florida.
4) On or about November 22, 2013, at Rob and Fun Club Road in LEE County, Florida, the
Defendant owned and operated a motor vehicle.
5) At the above time and place, the motor vehicle owned by Plaintiff's insured was being operated by
Plaintiff's insured.
COUNT I - NEGLIGENCE
Plaintiff re-alleges | through 5 above and further states that:
6) At the above time and place, Defendant, negligently maintained and operated a motor vehicle so
it collided into the vehicle owned by Plaintiff's insured
7) As a result of the Defendant's negligence, Plaintiff's insured suffered damages in the amount of
$45,800.93
8) By reason of the incident alleged, Plaintiff became liable under a policy of insurance issued to its
insured to pay and at diverse times did pay to or for the benefit of its insured, the losses resulting in a
total sum as claimed below.
9) By reason of the above payments Plaintiff became subrogated to the rights of its insured against
the Defendant.
10) Despite numerous demands by Plaintiff upon Defendant for payment of the damages, Defendant
has failed and refused to pay same.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter Judgment in its favor
and against Defendants in the principal sum of $45,800.93, together with Court costs, pre-judgment
interest if applicable, and any further relief that this Honorable Court may deem just and proper.
/S/Shannon Caplan
Shannon Caplan, ESQUIRE
Florida Bar Number 0104925
RAS LaVrar
6413 Congress Avenue, Ste 150
Boca Raton, FL 33487
Phone: 561-613-0067
Designated Service Email: MailSubID@rasflaw.com
16-213683 - ShC
PAGE 2 OF 2
eFiled Lee County Clerk of Courts Page 2
Case Filing Date
December 27, 2016
Category
CA Auto Negligence
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Filing # 50495148 E-Filed 12/27/2016 10:12:34 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA. CALIFORNIA CASUALTY INDEMNITY CIVIL DIVISION EXCHANGE, SUBROGEE OF ASHLEY CHILDERS CASE NUMBER Plaintiff, vs. EVELYN ROSA GARCIA, Defendant. / COMPLAINT COMES NOW, the Plaintiff, by and through its undersigned Counsel, and sues Defendant and states as follows GENERAL ALLEGATIONS 1) This is an action for damages within the jurisdictional limits of this court. 2) Plaintiff is an Insurance Company, registered with the Florida Department of State to do business in State of Florida and doing business in LEE County, Florida. 3) Defendant is a resident of LEE County, Florida or, alternatively, Defendant is concealing herself within the State of Florida or is a nonresident of the State of Florida who accepted the privilege extended by Florida law to nonresidents of operating a motor vehicle or of having it operated, or permitting any motor vehicle owned or leased or controlled by Defendant to be operated with Defendant's knowledge or permission, acquiescence or consent within Florida and by operation of the motor vehicle either in person, or by or through Defendant’s servants, agents or employees, or by persons with Defendant’s knowledge, acquiescence or consent and thereby constituted the Secretary of State of Florida as Defendant’s agent for the service of process in a civil action in Florida arising out of or by reason of any accident or collision occurring within Florida in which the motor vehicle is involved. Corporate Defendant is a Florida Corporation, registered with the Florida Department of State to do business in the State of Florida and 16-213683 - ShC PAGE 1 OF 2 eFiled Lee County Clerk of Courts Page 1doing business in LEE County, Florida. 4) On or about November 22, 2013, at Rob and Fun Club Road in LEE County, Florida, the Defendant owned and operated a motor vehicle. 5) At the above time and place, the motor vehicle owned by Plaintiff's insured was being operated by Plaintiff's insured. COUNT I - NEGLIGENCE Plaintiff re-alleges | through 5 above and further states that: 6) At the above time and place, Defendant, negligently maintained and operated a motor vehicle so it collided into the vehicle owned by Plaintiff's insured 7) As a result of the Defendant's negligence, Plaintiff's insured suffered damages in the amount of $45,800.93 8) By reason of the incident alleged, Plaintiff became liable under a policy of insurance issued to its insured to pay and at diverse times did pay to or for the benefit of its insured, the losses resulting in a total sum as claimed below. 9) By reason of the above payments Plaintiff became subrogated to the rights of its insured against the Defendant. 10) Despite numerous demands by Plaintiff upon Defendant for payment of the damages, Defendant has failed and refused to pay same. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter Judgment in its favor and against Defendants in the principal sum of $45,800.93, together with Court costs, pre-judgment interest if applicable, and any further relief that this Honorable Court may deem just and proper. /S/Shannon Caplan Shannon Caplan, ESQUIRE Florida Bar Number 0104925 RAS LaVrar 6413 Congress Avenue, Ste 150 Boca Raton, FL 33487 Phone: 561-613-0067 Designated Service Email: MailSubID@rasflaw.com 16-213683 - ShC PAGE 2 OF 2 eFiled Lee County Clerk of Courts Page 2