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FLORIDA RECORD

Sunday, September 29, 2024

Plaintiff Alleges Negligence Against Motorist and Breach of Contract Against Insurer

State Court
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Mason Walker has filed a negligence and uninsured/underinsured motorist complaint against Robert Kaplan and Progressive Select Insurance Company. The complaint was filed in the Circuit Court for the Sixth Judicial Circuit in Pinellas County, Florida, on May 20, 2024.

According to the court documents, Mason Walker alleges that on August 21, 2022, Robert Kaplan negligently operated his 2020 Mazda CXS near 1st Ave S in St. Petersburg, Pinellas County, Florida. This alleged negligence resulted in a collision with Walker's vehicle. Walker claims to have suffered significant injuries from the accident, including bodily injury leading to past and future medical expenses, pain and suffering, disability, disfigurement, mental anguish, loss of capacity for enjoyment of life, and loss of ability to earn money. These injuries are described as either permanent or continuing in nature.

Walker asserts that Kaplan's negligent operation of his vehicle is directly responsible for these damages. "Defendant Robert Kaplan carelessly, recklessly and negligently operated and/or maintained the 2020 Mazda CXS so that it collided with the motor vehicle Plaintiff Mason Walker was in," states the complaint. Consequently, Walker is seeking damages exceeding $15,000 from Kaplan.

In addition to suing Kaplan for negligence, Walker has also filed an uninsured/underinsured motorist claim against Progressive Select Insurance Company. The complaint details that at the time of the accident on August 21, 2022, another party involved was operating an uninsured or underinsured vehicle. As a result of this collision caused by another party's negligence—who remains unnamed—Walker sustained severe personal injuries similar to those listed previously.

Walker’s insurance policy with Progressive Select Insurance Company included coverage for such incidents under Policy No., which was active at the time of the accident. Despite fulfilling all obligations under this policy and demanding payment for benefits due to his injuries from an uninsured/underinsured motorist accident, Progressive Select Insurance Company has allegedly refused to pay these benefits. This refusal is cited as a breach of contract by Progressive Select Insurance Company.

Walker seeks judgment against both defendants: he demands damages exceeding $15,000 from each defendant separately along with any other relief deemed appropriate by the court. Additionally, Walker has requested a jury trial as part of his legal proceedings.

The case is being handled by Matt McGovern Esq., representing Mason Walker through Kemp Law Group based out of Trinity Boulevard in Trinity FL.

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