On August 06, 2018 a
Complaint,Petition
was filed
involving a dispute between
Baumgartner, Jamie Lynn,
and
Tasman Services Llc,
Travelers Casualty Insurance Company Of America,
for Civil
in the District Court of Hillsborough County.
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Filing # 76044900 E-Filed 08/06/2018 04:43:58 PM
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
JAMIE LYNN BAUMGARTNER
Plaintiff,
CASE NO.:
vs.
TRAVELERS CASUALTY INSURANCE
COMPANY OF AMERICA
Defendant
____________________________________/
COMPLAINT
Plaintiff sues Defendant, TRAVELERS CASUALTY INSURANCE COMPANY OF
AMERICA (hereinafter referred to as “Travelers”), and states the following:
1. This is an action for damages in excess of Fifteen Thousand ($15,000.00) dollars.
2. JAMIE LYNN BAUMGARTNER was a resident of Maryville, Blount County,
Tennessee.
3. Travelers is a foreign corporation licensed and transacting business in the State of
Florida that provided uninsured/underinsured motorist coverage to the vehicle driven by JAMIE
LYNN BAUMGARTNER.
4. Venue is proper in Hillsborough County, Florida pursuant to section 47.051 Fl. Stat.
because Travelers has an agent or other representative in Hillsborough County Florida.
4. On or about August 29, 2016, HED Products, LLC owned a motor vehicle which
was operated with their knowledge and consent by JAMIE LYNN BAUMGARTNER on S.R. 93
at or near County Road 48, in Bushnell, Florida.
Page 1 of 3
8/6/2018 4:43 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1
5. At that time and place, Vicki Lynn Lougheed, a resident of Hillsborough County
Florida, negligently operated her motor vehicle so as to cause said motor vehicle to collide with
the vehicle in which JAMIE LYNN BAUMGARTNER was driving.
6. As a direct and proximate result of the negligence of Vicki Lynn Lougheed, JAMIE
LYNN BAUMGARTNER has 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 earnings, loss of ability to earn
money, and aggravation of a previously existing condition. The losses are either permanent or
continuing and plaintiff will suffer the losses in the future.
7. Vicki Lynn Lougheed, on the date of this collision, was an uninsured/underinsured
motorist as defined in section 627.727, Florida statutes because she failed to have sufficient
coverage available under the bodily injury provisions of the insurance policies that cover her.
8. Travelers issued an uninsured/underinsured motorist policy to HED Products, LLC,
that provides coverage to JAMIE LYNN BAUMGARTNER for damages incurred as a result of
the above described accident.
9. JAMIE LYNN BAUMGARTNER has demanded payment from Travelers of the
uninsured/underinsured motorist benefits. However, Travelers has either refused to offer payment
of any benefits or has refused to offer payment of sufficient benefits to fully compensate JAMIE
LYNN BAUMGARTNER within the limits of the policy.
10. JAMIE LYNN BAUMGARTNER has performed or satisfied all conditions
precedent to bringing this action or such conditions precedent have otherwise occurred or been
waived.
Page 2 of 3
8/6/2018 4:43 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
WHEREFORE, JAMIE LYNN BAUMGARTNER demands judgment against
TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA for damages, pre-
judgment interests for any out of pocket pecuniary losses, costs of these proceedings and further
demands a trial by jury on all issues so triable.
/s/ Scott Distasio
Scott Distasio, Esquire
Florida Bar No. 843652
DISTASIO LAW FIRM, P.A.
1112 Channelside Drive
Suite 5
Tampa, Florida 33602
813/259-0022 Phone
813/259-0033 Fax
mail@distasiofirm.com
Attorney for Plaintiff
Page 3 of 3
8/6/2018 4:43 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
Document Filed Date
August 06, 2018
Case Filing Date
August 06, 2018
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Filing # 76044900 E-Filed 08/06/2018 04:43:58 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CIVIL DIVISION JAMIE LYNN BAUMGARTNER Plaintiff, CASE NO.: vs. TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA Defendant ____________________________________/ COMPLAINT Plaintiff sues Defendant, TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA (hereinafter referred to as “Travelers”), and states the following: 1. This is an action for damages in excess of Fifteen Thousand ($15,000.00) dollars. 2. JAMIE LYNN BAUMGARTNER was a resident of Maryville, Blount County, Tennessee. 3. Travelers is a foreign corporation licensed and transacting business in the State of Florida that provided uninsured/underinsured motorist coverage to the vehicle driven by JAMIE LYNN BAUMGARTNER. 4. Venue is proper in Hillsborough County, Florida pursuant to section 47.051 Fl. Stat. because Travelers has an agent or other representative in Hillsborough County Florida. 4. On or about August 29, 2016, HED Products, LLC owned a motor vehicle which was operated with their knowledge and consent by JAMIE LYNN BAUMGARTNER on S.R. 93 at or near County Road 48, in Bushnell, Florida. Page 1 of 3 8/6/2018 4:43 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 5. At that time and place, Vicki Lynn Lougheed, a resident of Hillsborough County Florida, negligently operated her motor vehicle so as to cause said motor vehicle to collide with the vehicle in which JAMIE LYNN BAUMGARTNER was driving. 6. As a direct and proximate result of the negligence of Vicki Lynn Lougheed, JAMIE LYNN BAUMGARTNER has 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 earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing and plaintiff will suffer the losses in the future. 7. Vicki Lynn Lougheed, on the date of this collision, was an uninsured/underinsured motorist as defined in section 627.727, Florida statutes because she failed to have sufficient coverage available under the bodily injury provisions of the insurance policies that cover her. 8. Travelers issued an uninsured/underinsured motorist policy to HED Products, LLC, that provides coverage to JAMIE LYNN BAUMGARTNER for damages incurred as a result of the above described accident. 9. JAMIE LYNN BAUMGARTNER has demanded payment from Travelers of the uninsured/underinsured motorist benefits. However, Travelers has either refused to offer payment of any benefits or has refused to offer payment of sufficient benefits to fully compensate JAMIE LYNN BAUMGARTNER within the limits of the policy. 10. JAMIE LYNN BAUMGARTNER has performed or satisfied all conditions precedent to bringing this action or such conditions precedent have otherwise occurred or been waived. Page 2 of 3 8/6/2018 4:43 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 WHEREFORE, JAMIE LYNN BAUMGARTNER demands judgment against TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA for damages, pre- judgment interests for any out of pocket pecuniary losses, costs of these proceedings and further demands a trial by jury on all issues so triable. /s/ Scott Distasio Scott Distasio, Esquire Florida Bar No. 843652 DISTASIO LAW FIRM, P.A. 1112 Channelside Drive Suite 5 Tampa, Florida 33602 813/259-0022 Phone 813/259-0033 Fax mail@distasiofirm.com Attorney for Plaintiff Page 3 of 3 8/6/2018 4:43 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3