A lawsuit has been filed in Pinellas County, Florida, alleging negligence and seeking damages exceeding $50,000. On June 7, 2024, Anchalee Nesser initiated legal action against Ashley Berry and the United Services Automobile Association (USAA) in the Circuit Court of the Sixth Judicial Circuit.
The complaint centers around a motor vehicle collision that occurred on July 28, 2023. According to the court documents, Ashley Berry was operating his vehicle near the intersection of 5th Avenue S and 2nd Street S in St. Petersburg when he allegedly collided with Nesser's vehicle due to negligent driving. The plaintiff claims that Berry had a duty to operate his vehicle safely but failed to do so, resulting in significant injuries and damages for Nesser. The complaint states that Nesser suffered "bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish," among other losses. The plaintiff argues that these injuries are either permanent or continuing and will affect her future quality of life.
In addition to suing Berry for negligence, Nesser is also pursuing a claim against USAA under her underinsured/uninsured motorist policy. The lawsuit alleges that despite having a valid insurance policy with USAA at the time of the accident, the insurer has denied coverage or refused to pay the full value of her claim. The plaintiff contends that she has fulfilled all conditions precedent required by her insurance policy but has still been denied adequate compensation for her injuries and associated costs.
Nesser is seeking a judgment against both defendants for an amount exceeding $50,000. She demands compensation for medical expenses, loss of earnings, mental anguish, and other related damages. Additionally, she requests a trial by jury for all issues triable as of right by a jury.
The case is being handled by Andrew Metzger from Morgan & Morgan Tampa P.A., representing Anchalee Nesser. The case number is 24-002542-CI.