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Complaint - Plaintiff Rear-Ended

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

CASE NUMBER: xx-xxxx-xx

GERALD D.,                
  Plaintiff,

  vs.

JACQUELINE J.,
ENTERPRISE LEASING COMPANY OF ORLANDO, AND
GEICO CASUALTY COMPANY,
 Defendants.
__________________________________/

COMPLAINT

The Plaintiff, GERALD D., sues the Defendants, JACQUELINE J., ENTERPRISE LEASING COMPANY OF FLORIDA, AND GEICO CASUALTY  COMPANY, and alleges:

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 JACQUELINE J. AND ENTERPRISE LEASING COMPANY OF ORLANDO

2.  On or about May 13, 2005, Defendant, ENTERPRISE LEASING COMPANY  OF ORLANDO (“ENTERPRISE”) was the owner of a motor vehicle driven with its consent by the Co-Defendant, JACQUELINE J. (“JACQUELINE J.”) on the Northbound exit ramp from State Road 7 to State Road 842 in Broward County, Florida.

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

  (a) Defendant struck  the vehicle in which Plaintiff was driving from the rear, thereby creating a presumption of negligence; and

  (b) Defendant was traveling at a speed that was unreasonable under the circumstances; and

  (c) Defendant was not paying sufficient attention resulting in her not being able to stop her vehicle prior to it colliding with the vehicle in which Plaintiff was driving.
 
4.  At the time of the subject incident, JACQUELINE J., had no bodily injury liability insurance to cover her for her potential liability in this case and therefore, Co-Defendant, ENTERPRISE, is liable, in whole or in part, for a liability of the Defendant, JACQUELINE J..

5.  As a result of the negligence of Defendant, JACQUELINE J.,  for which Co-Defendant, ENTERPRISE, is liable, Plaintiff suffered permanent bodily injury, resulting pain and suffering, disability, disfigurement, inconvenience, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care treatment and treatment, loss of earnings, loss of ability to earn money in the future and/or permanent aggravation of a previously existing condition. As the injuries are permanent, Plaintiff will suffer damages in the future.

WHEREFORE Plaintiff demands judgment against Defendants, JACQUELINE J. and ENTERPRISE LEASING COMPANY OF ORLANDO, for compensatory damages and further demands a trial by jury of all issues so triable.

COUNT II

UNINSURED/UNDERINSRUED MOTORIST CLAIM AGAINST GEICO CASUALTY  COMPANY

6.  At the time of the subject incident, Plaintiff was insured with on or more liability insurance policies which the Defendant, GEICO CASUALTY  COMPANY (“GEICO”), which policy or policies contain uninsured/underinsured motorist coverage. ( A Copy of Plaintiff’s Declaration Sheet is attached as Exhibit “1”).

7.  On or about May 13, 2005, Defendant, JACQUELINE J.,  negligently  caused  a motor vehicle accident as more fully described in paragraphs 2 and 3 of Count I which are incorporated herein.  

8.  At the time of the subject incident, the Defendant, JACQUELINE J., had no or insufficient bodily injury liability insurance and ENTERPRISE may not have had any, or had limited liability for the negligence of Defendant, JACQUELINE J..  

9.  GEICO is legally obligated to pay all damages to Plaintiff in excess of any available bodily injury liability coverage for the liability of the Co-Defendants, JACQUELINE J. and ENTERPRISE.

WHEREFORE Plaintiff demands judgment against Defendant, GEICO CASUALTY  COMPANY, for  compensatory damages and further demands 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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