Rosalina Hernandez Complaint

Law Office of Stephen B. Johnston

316 N. Michigan Ste 416

Toledo, Ohio 43604 

419.244.9722 PH

419.244-9723 FX

SBJLEGAL@GMAIL.COM 

IN THE COMMON PLEAS COURT OF LUCAS COUNTY, OHIO
Jurisdiction

Rosalinda Hernandez,

Plaintiff,

vs.

Kenneth Vaughn; grange insurance,

Defendants

 Case No.: 

Judge:

COMPLAINT FOR DAMAGES

 

NOW COMES the Plaintiff, by and through her undersigned counsel, and hereby files this

Complaint for damages arising and resulting from an automobile collision that occurred on January 29, 2020, and in support of her claims, hereby alleges and avers as follows:

  • PRELIMINARY STATEMENT
  1. This is a negligence action based upon serious, but avoidable injuries Defendant Kenneth Vaughn caused to Plaintiff Rosalinda Hernandez.
  2. On January 29, 2020 on or about 14.18 pm, Plaintiff was driving through the green light on Benore across Suder, Toledo, when the Defendant who was fleeing at an extremely high rate of speed estimated at over 50 mph from Erie Township police ran the red light going south bound on Sunder at Benore striking the Plaintiff’s vehicle and causing a collision. 
  3. The impact caused physical injuries to Plaintiff and t-boned the Plaintiff’s car causing major structural damage and air bag deployment. 
  4. The Plaintiff suffered upper back pain, neck strain, and acute pain in the left shoulder.
  5. Plaintiff’s vehicle was totaled with extensive damages all along the passenger side doors that were caved inward.
  6. The accident was determined to be a clear liability due to the running of a red light as determined by the traffic investigator.
  7. Plaintiff still deals with intermitted shooting pains and soreness with her left shoulder and the Plaintiff’s therapy was cut short due to the corona virus shutdowns.
  8. Although Plaintiff has made some progress with pain management, but strenuous activity does continue to aggravate the foregoing mentioned areas.
  9. Plaintiff needed to seek out physical therapy in order to address her injuries and did so at Eastpointe Rehab Therapy in Oregon, Ohio on __________
  10. Plaintiff also had a treatment at the ER at Bay Park Hospital in Oregon, Ohio on______.
  11. Plaintiff incurred following medical bills totaling $13,106.00:
  • $5,000 in medical payments on Plaintiff’s insurance Grange
  • $5,348 in medical bills due to Promedica Bay Park Hospital
  • $1,244 due to Emergency Physicians
  • $1,514 due to Eastpointe Rehab
  1. Plaintiff suffered $20,000 for pain and suffering caused by the injuries from this accident.
  2. Plaintiff through her designated counsel made a demand and settlement offer with Defendant’s insurance company ___________________ for $33,106 on October 30, 2020.
  3. Defendant’s insurance company _______ rejected the demand through their correspondence on ________.
  4. Plaintiffs bring this Complaint against Defendant for negligence and recovery of damages.

  • THE PARTIES
  1. Plaintiff Rosalinda Hernandez is a resident of 2208 Ruthanne, Toledo, Ohio, 43611.
  2. Defendant Kenneth Vaughn is a resident of 216 Susan, Toledo, Ohio, 43612.
  3. Defendant Grange Insurance is an insurance company with headquarters at Insert Address.

 

  1. JURISDICTION AND VENUE
  1. This Court has jurisdiction to hear this matter pursuant to Ohio Rev. Code § 2305.01.
  2. This Court is the proper Venue for this action pursuant to Ohio Civ. R. 3(C)(1), (3), (6) as Defendant Kenneth Vaughn who was responsible for the accident is a resident of Ruthanne, Toledo, the automobile accident that is the subject matter of this lawsuit occurred in Lucas County, Ohio and a substantial part of the events or omissions giving rise to Plaintiff’s claims took place in Lucas County, Ohio.  
  3. Pursuant to Ohio R. Civ. P. 8, Plaintiffs states that the amount in controversy exceeds $25,000.

  • CAUSE OF ACTION

(Negligence – Defendant Kenneth Vaughn)

  1. Plaintiff incorporates the preceding paragraphs of this Complaint as though said paragraphs were fully set forth at this point herein.
  2. In operating a motor vehicle Defendant Kenneth Vaughn owed a duty of care to Plaintiff to operate his vehicle in a safe manner and in accordance with the laws of the State of Ohio. 
  3. Defendant Kenneth Vaughn breached that duty of care by failing to use reasonable care while driving the vehicle and failing to follow applicable traffic laws by driving in a reckless disregard for the safety of others.
  4. Defendant Kenneth Vaughn’s negligence, which constitutes the direct and proximate cause of the collision and injury to Plaintiff and damage to her vehicle, also consisted of, but was not limited to, the following:
    1. Driving in a reckless, careless, and negligent disregard for the safety of others; 
    2. Failing to exercise ordinary diligence and due care;
    3. Failure to operate vehicle in a safe fashion under the circumstances then existing and operating the motor vehicle at a high, dangerous, and excessive rate of speed under the circumstances then and there existing;
    4. Failure to observe precaution and maintain reasonable control of vehicle;
    5. In other respects, not now known to the Plaintiff but which may become known before or at the time of trial.
  5. At all times material hereto, Plaintiff conducted herself in a safe and lawful manner, and did not in any way cause or contribute to the circumstances which caused her to sustain serious bodily injury and damage to car.
  6. As a direct and proximate result of the negligence and carelessness and breach of his duty of care of Defendant Kenneth Vaughn, the Plaintiff:
    1. has sustained serious personal injuries to her upper back, neck, left, and shoulder causing incursion of substantial medical expenses for the treatment of his injuries directly resulting from this collision;
    2. has suffered and will continue to suffer great pain, suffering, mental anguish, and emotional distress; 
    3. will continue to require and incur reasonable and necessary medical expenses due to the painful injuries;
    4. was, is and will be precluded from engaging in normal activities and pursuits, including a loss of ability to earn money and of actual earnings and will suffer loss of the capacity for the enjoyment of life;
    5. will be prevented from performing any strenuous activities and will require future medical care and future medical care costs, 
  7. All of the Plaintiff’s injuries and losses were, are and will be due to the carelessness and negligence of the Defendant, Kenneth Vaughn, without any negligence or want of due care on the Plaintiff’s part contributing to the harm done. 

(Breach of Contract – Grange Insurance)

  1. Plaintiff incorporates by reference herein all of the above paragraphs.
  2. At the time of the accident, the vehicle operated by Defendant Kenneth Vaughn was underinsured. After discovering this, Plaintiff timely notified Defendant Grange Insurance of the motor vehicle collision and the fact that Mr. Vaughn was underinsured and couldn’t fully compensate Plaintiff. She complied to the letter of all terms and obligations of her policy. She wanted to receive compensation since she was entitled to recovery.
  3. At the time of the accident, Plaintiff had in force a policy of automobile insurance issued by Defendant Grange Insurance. Plaintiff is the principal insured. This insurance policy contained a provision for underinsured motorist coverage which provided, among other things, insurance coverage for losses and damages sustained in accidents which were caused by the negligent operation of a vehicle by third persons, when that vehicle is underinsured at the time of the accident, and the third party is not otherwise entitled to coverage.
  4. Grange Insurance breached its contract with Plaintiff. The insurance company has not, as promised, paid the Plaintiff the value of her claim as the underinsured motorist provision of her policy dictates.

  • PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays that judgment be entered against the Defendant follows:

  1. A judgment against Defendant in an amount of Thirty-Three Thousand One Hundred and Six Dollars ($33,106) plus interest, costs and reasonable attorney fees associated herewith; and 
  2. For such other and further relief as the Court deems just and proper.

 

JURY DEMAND

The Plaintiffs demand a trial by jury on all issues triable by right.

Dated this day of Month, year.

 

Stephen B. Johnston

Attorney for Plaintiff

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