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Failure to Yield While Exiting a Shopping Center

IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA

CASE NO. 00xxxx (xx)

M.A. and R.A., 
                Plaintiffs,
v. 

C.A.G., 
E.P.L. and
NATIONWIDE MUTUAL FIRE INSURANCE COMPANY,
               Defendants. 
____________________________/

COMPLAINT

The Plaintiffs, M.A. and R.A., sue the Defendants, C.A.G., E.P.L. and NATIONWIDE MUTUAL FIRE INSURANCE COMPANY (hereinafter “NATIONWIDE”), and allege:

1. This is an action for damages in excess of $15,000.00, exclusive of interest, costs and attorney’s fees.

COUNT I – NEGLIGENCE AGAINST DEFENDANTS, C.A.G. AND E.P.L.

2. On or about [date], Defendant, C.A.G., was the owner of a motor vehicle which was operated with his consent by Co-Defendant, E.P.L., at or near the McNab Plaza and North University Drive in Tamarac, Broward County, Florida.

3. At that time and place, Defendant, E.P.L., negligently operated the motor vehicle causing it to collide with the motor vehicle which Plaintiff was driving in that:

    a. E.P.L. failed to yield the right of way while exiting a shopping center on to North University Drive; and

    b. E.P.L. failed to observe surrounding conditions; and

    c. E.P.L. attempted to make an illegal left turn.

4. As the result of the negligence of Defendant, E.P.L., for which Co-Defendant, C.A.G., is responsible, the Plaintiff, M.A., suffered permanent bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of the ability to earn money, and/or permanent aggravation of a previously existing condition. As the injuries are permanent, Plaintiff will continue to suffer damages in the future. As Plaintiffs’ automobile was damaged and Plaintiffs lost the use of it during the period required for its repair or replacement.

5. On and prior to [date], Plaintiffs were married to each other.

6. As a result of the subject motor vehicle collision, Plaintiff, R.A., lost the comfort, attentions, society and services of his wife in the past sand will continue to do so in the future.

WHEREFORE, Plaintiffs demand judgment for compensatory damages against the Defendants, E.P.L. and C.A.G., and further demand a trial by jury of all issues so triable.

COUNT II – UNDERINSURED MOTORIST

CLAIM AGAINST DEFENDANT, NATIONWIDE

7. On or about [date], Plaintiffs were insured under two automobile liability insurance policies with the Defendant, Nationwide, policy No. xx xx xxxxxxx and xx xx xxxxxxxx, which policies contained stack underinsured motorist coverage.

8. On or about [date], Plaintiff, M.A., was involved in a motor vehicle collision which resulted from the negligence of Co-Defendant E.P.L. as more fully described in paragraph 3 of Count I of this Complaint which is incorporated herein.

9. As of [date], the Defendants, E.P.L. and C.A.G., had insufficient liability insurance to cover the value of the damages sustained by Plaintiffs, and Plaintiffs are entitled to recover from Defendant, NATIONWIDE, those damages in excess of the available liability insurance of Defendants, E.P.L. and C.A.G..

10. As a result of the motor vehicle collision of [date], Plaintiff, M.A., suffered permanent bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of the capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of the ability to earn money, and/or permanent aggravation of a previously existing condition. As the injuries are permanent, Plaintiff will continue to suffer damages in the future.

11. On and prior to [date], Plaintiffs were married to each other.

12. As a result of the subject motor vehicle collision, Plaintiff, R.A., lost the comfort, attentions, society and services of his wife in the past sand will continue to do so in the future.

WHEREFORE, Plaintiffs demand judgment for compensatory damages against the Defendant, NATIONWIDE, and further demand a trial by jury of all issues so triable.

LAW OFFICE OF ALAN D. SACKRIN
Attorney for Plaintiff(s)
2100 East Hallandale Beach Blvd.
Suite 200
Hallandale Beach, FL 33009
Telephone: (954) 455-0800
Facsimile: (954) 455-9649

By______________________________
   ALAN D. SACKRIN 
   Florida Bar No. 349070

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