ORLANDO — A Florida man is suing Brock Counts and USAA Casualty Insurance Company, motorist and insurer, citing alleged negligence.
Fernando Z. Sosa filed a complaint on Nov. 20 in the 9th Judicial Circuit Court for Orange County against the defendants alleging that they breached their duty of good faith and fair dealings.
According to the complaint, the plaintiff alleges that on May 18, 2017, while he was lawfully operating his 2001 Toyota Celica in the parking lot of the Eastland Shopping Center at 6130 East Colonial Drive in Orlando, Counts, who identified himself as the property manager of the shopping center, negligently operated his vehicle through the parking lot which resulted in a violent “T-bone” type collision with Sosa’s vehicle. As a result of the accident, Sosa suffered bodily harm and resulting pain and suffering, disability, disfigurement, mental anguish, loss of the enjoyment of life, medical expenses, loss of earnings, loss of household services and/or exacerbation of a prior injury. Moreover, Sosa was further harmed by USAA's refusal to provide coverage to his underinsured-motorist claim.
The plaintiff holds Counts and USAA Casualty Insurance Company responsible because Counts allegedly failed to maintain his lane, failed to drive within the painted bounds of parking spaces and failed to yield, observe or otherwise pay attention to other vehicles in the parking lot, and USAA refused and/or failed to pay insurance benefits to plaintiff.
The plaintiff requests a trial by jury and seeks judgment against defendant for damages, costs, interests, and any other relief the Court deems just. He is represented by John M. Phillips and William K. Walker of Law Office of John M. Phillips LLC in Jacksonville.
9th Judicial Circuit Court for Orange County Case number 18-CA-12654