Motorist alleges GEICO failed to cover crash damages

By Jenie Mallari-Torres | Oct 10, 2018

CLEARWATER — A Pasco County motorist is suing GEICO, alleging alleged breach of contract.

Kami Schmenk filed a complaint Sept. 28 in Pinellas County Circuit Court against GEICO General Insurance Company, alleging failure to pay for damages caused by an uninsured motorist. 

According to the complaint, on March 30, Schmenk was traveling southbound on U.S. Highway 19 in Pinellas County, in a 2011 Chevrolet Malibu. The suit says Shelley Marie Rogers, an uninsured motorist, negligently operated or maintained the motor vehicle that collided with Schmenk's Malibu. 

As a result of Rogers' negligence, the suit alleges, Schmenk sustained bodily injuries and resulting pain and suffering, disability, disfigurement, mental pain and anguish, loss of capacity for the enjoyment of life, medical expenses, loss of earnings and aggravation of a previous existing condition. 

The plaintiff alleges Rogers failed to pay attention to traffic and keep a proper lookout for other vehicles, and failed to maintain proper speed and distance between vehicles to avoid a collision.

Schmenk seeks trial by jury, damages exceeding $15,000, exclusive of costs. She is represented by attorney Megan Cummings of The Nurse Lawyer PA in Palm Harbor.

Pinellas County Circuit Court case number 18-C-6363

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