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FLORIDA RECORD

Wednesday, November 13, 2024

Plaintiff Alleges Negligence Against Driver and Insurer Following Serious Car Accident

State Court
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In a recent court filing, Justin Woolverton has lodged a negligence complaint against Brianne Alexa Burgess, William Thomas Burgess, and State Farm Mutual Automobile Insurance Company. The complaint was filed on May 22, 2024, in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida.

According to the court documents, Woolverton claims that on July 9, 2022, Brianne Alexa Burgess negligently operated a 2015 Mercedes-Benz GLA 250 owned by William Thomas Burgess. The incident occurred at approximately 4:28 PM when Brianne Burgess allegedly failed to stop at a red light and collided with Woolverton's vehicle at the intersection of 5th Avenue North and 16th Street North in St. Petersburg. Woolverton was driving a Ford Interceptor owned by the City of St. Petersburg at the time of the crash.

The plaintiff asserts that due to Brianne Burgess's failure to adhere to traffic laws and maintain control of her vehicle, he sustained serious and permanent injuries. "As a direct and proximate result of the foregoing events," Woolverton alleges he suffered "bodily injury and resulting pain and suffering, impairment, disability, mental pain and anguish," among other damages. He is seeking compensatory damages for these injuries as well as costs and interest as allowed by law.

Additionally, Woolverton holds William Thomas Burgess vicariously liable under the Dangerous Instrumentality Doctrine for permitting Brianne Burgess to operate his vehicle. The complaint also targets State Farm Mutual Automobile Insurance Company for denying coverage under Woolverton’s uninsured/underinsured motorist policy following the accident. Woolverton maintains that due to the extent of his damages from the collision caused by Brianne Burgess's negligence, she is either uninsured or underinsured to adequately compensate him.

Woolverton is demanding judgment against all defendants for compensatory damages along with any other relief deemed just by the court. He also requests a jury trial on all triable issues.

Representing Justin Woolverton are attorneys C. Richard Newsome, M. Jesse Stern, Melanie M. Penagos, and Riley A. Kendall from Newsome Melton law firm based in Orlando, Florida. The case has been assigned Case Number: 24-002256-CI.

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