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Filing # 55923030 E-Filed 05/03/2017 02:06:46 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL
CIRCUIT IN AND FOR ORANGE COUNTY,
FLORIDA
CASE NO:
LORRAINE BRADSHAW,
Plaintiff,
vs.
ALLSTATE FIRE AND CAUSALTY
INSURANCE COMPANY,
Defendants.
/
COMPLAINT
Plaintiff, LORRAINE BRADSHAW, sues Defendant, ALLSTATE FIRE AND
CAUSALTY INSURANCE COMPANY and alleges:
1. This is an action for damages that exceed Fifteen Thousand Dollars ($15,000.00),
exclusive of interest, costs and attorneys' fees.
2. Plaintiff resides in Orange County, Florida.
3. At all times material to this action, Defendant, ALLSTATE FIRE AND
CAUSALTY INSURANCE COMPANY, was a corporation authorized to do business and doing
business in Orange County, Florida.
4. On or about August 26, 2012, Plaintiff was operating a motor vehicle US Highway
441 on Hiawassee Road in Orange County, Florida.
5. At that time and place, JOSE A. SANTIAGO was the uninsured/underinsured owner
and operator of a motor vehicle traveling US Highway 441 on Hiawassee Road, Orange County,
Florida.
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6. At that time and place, JOSE A. SANTIAGO negligently operated and/or
maintained the motor vehicle so that it collided with the vehicle being operated by Plaintiff.
COUNT I
NEGLIGENCE CLAIM OF LORRAINE BRADSHAW AGAINST
ALLSTATE FIRE AND CAUSALTY INSURANCE COMPANY
7. Plaintiff, LORRAINE BRADSHAW, realleges and incorporates by reference
paragraphs 1-6 and further states:
8. On or about June 2, 2012, Defendant, ALLSTATE FIRE AND CAUSALTY
INSURANCE COMPANY, issued and delivered to Plaintiff a policy of insurance numbered
971716273 which was in full force and effect on the date of the accident.
9. Under the terms of the insurance policy, Defendant ALLSTATE FIRE AND
CAUSALTY INSURANCE COMPANY, provided stackable uninsured/underinsured motorist
coverage for Plaintiff in the amount of $ 25,000/$50,000.
10. Defendant, ALLSTATE FIRE AND CAUSALTY INSURANCE COMPANY, has
in its custody and control a copy of the insurance policy and, therefore, itis not attached to the
Complaint.
11. At all times material to this action, Defendant, JOSE A. SANTIAGO, was an
underinsured motorist in that he carried liability insurance coverage with limits less than Plaintiff's
total damages as a result of the accident.
12. Plaintiff has furnished Defendant, ALLSTATE FIRE AND CAUSALTY
INSURANCE COMPANY, timely notice of the automobile accident and proof of the claim for
damages described above and has otherwise performed all conditions precedent to entitle recovery
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under the uninsured/underinsured portion of the policy but Defendant, ALLSTATE FIRE AND
CAUSALTY COMPANY, has denied that coverage exists and/or refused to pay Plaintiff for the
full value of the claim.
13. As a direct and proximate result of the uninsured/underinsured driver’s negligence,
Plaintiff suffered bodily injury including a permanent injury to the body as a whole, pain and
suffering of both a physical and mental nature, disability, physical impairment, disfigurement,
mental anguish, inconvenience, loss of capacity for the enjoyment of life, aggravation of an
existing condition, expense of hospitalization, medical and nursing care and treatment, loss of
earnings, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The
losses are either permanent or continuing and Plaintiff will suffer the losses in the future.
Plaintiff's motor vehicle was also damaged.
WHEREFORE, Plaintiff, LORRAINE BRADSHAW demands judgment for damages
against Defendant, ALLSTATE FIRE AND CAUSALTY INSURANCE COMPANY, and other
such relief deemed proper by the Court. Plaintiff also demands a jury trial on all issues so triable.
RESPECTFULLY submitted this 3rd day of May, 2017
/s/Lawrence Gonzalez II
Lawrence Gonzalez II, Esquire
FBN 0107175
Morgan & Morgan, P.A.
20 N. Orange Ave., 16th Floor
P.O. Box 4979
Orlando, FL 32802-4979
Telephone: (407) 420-1414 ext 5034
Facsimile: (407) 572-0110
Primary email: LGonzalez@forthepeople.com
Secondary email: SSerrano@forthepeople.com
MCoriano-Lopez@forthepeople.com
Attorneys for Plaintiff
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Preview
Filing # 55923030 E-Filed 05/03/2017 02:06:46 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA CASE NO: LORRAINE BRADSHAW, Plaintiff, vs. ALLSTATE FIRE AND CAUSALTY INSURANCE COMPANY, Defendants. / COMPLAINT Plaintiff, LORRAINE BRADSHAW, sues Defendant, ALLSTATE FIRE AND CAUSALTY INSURANCE COMPANY and alleges: 1. This is an action for damages that exceed Fifteen Thousand Dollars ($15,000.00), exclusive of interest, costs and attorneys' fees. 2. Plaintiff resides in Orange County, Florida. 3. At all times material to this action, Defendant, ALLSTATE FIRE AND CAUSALTY INSURANCE COMPANY, was a corporation authorized to do business and doing business in Orange County, Florida. 4. On or about August 26, 2012, Plaintiff was operating a motor vehicle US Highway 441 on Hiawassee Road in Orange County, Florida. 5. At that time and place, JOSE A. SANTIAGO was the uninsured/underinsured owner and operator of a motor vehicle traveling US Highway 441 on Hiawassee Road, Orange County, Florida. 1 6. At that time and place, JOSE A. SANTIAGO negligently operated and/or maintained the motor vehicle so that it collided with the vehicle being operated by Plaintiff. COUNT I NEGLIGENCE CLAIM OF LORRAINE BRADSHAW AGAINST ALLSTATE FIRE AND CAUSALTY INSURANCE COMPANY 7. Plaintiff, LORRAINE BRADSHAW, realleges and incorporates by reference paragraphs 1-6 and further states: 8. On or about June 2, 2012, Defendant, ALLSTATE FIRE AND CAUSALTY INSURANCE COMPANY, issued and delivered to Plaintiff a policy of insurance numbered 971716273 which was in full force and effect on the date of the accident. 9. Under the terms of the insurance policy, Defendant ALLSTATE FIRE AND CAUSALTY INSURANCE COMPANY, provided stackable uninsured/underinsured motorist coverage for Plaintiff in the amount of $ 25,000/$50,000. 10. Defendant, ALLSTATE FIRE AND CAUSALTY INSURANCE COMPANY, has in its custody and control a copy of the insurance policy and, therefore, itis not attached to the Complaint. 11. At all times material to this action, Defendant, JOSE A. SANTIAGO, was an underinsured motorist in that he carried liability insurance coverage with limits less than Plaintiff's total damages as a result of the accident. 12. Plaintiff has furnished Defendant, ALLSTATE FIRE AND CAUSALTY INSURANCE COMPANY, timely notice of the automobile accident and proof of the claim for damages described above and has otherwise performed all conditions precedent to entitle recovery 2 under the uninsured/underinsured portion of the policy but Defendant, ALLSTATE FIRE AND CAUSALTY COMPANY, has denied that coverage exists and/or refused to pay Plaintiff for the full value of the claim. 13. As a direct and proximate result of the uninsured/underinsured driver’s negligence, Plaintiff suffered bodily injury including a permanent injury to the body as a whole, pain and suffering of both a physical and mental nature, disability, physical impairment, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, aggravation of an existing condition, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and loss of ability to lead and enjoy a normal life. The losses are either permanent or continuing and Plaintiff will suffer the losses in the future. Plaintiff's motor vehicle was also damaged. WHEREFORE, Plaintiff, LORRAINE BRADSHAW demands judgment for damages against Defendant, ALLSTATE FIRE AND CAUSALTY INSURANCE COMPANY, and other such relief deemed proper by the Court. Plaintiff also demands a jury trial on all issues so triable. RESPECTFULLY submitted this 3rd day of May, 2017 /s/Lawrence Gonzalez II Lawrence Gonzalez II, Esquire FBN 0107175 Morgan & Morgan, P.A. 20 N. Orange Ave., 16th Floor P.O. Box 4979 Orlando, FL 32802-4979 Telephone: (407) 420-1414 ext 5034 Facsimile: (407) 572-0110 Primary email: LGonzalez@forthepeople.com Secondary email: SSerrano@forthepeople.com MCoriano-Lopez@forthepeople.com Attorneys for Plaintiff 3 1