A Georgia resident is seeking justice after a devastating car accident left him with severe injuries and damages. Kenneth Wayne Nichols filed a complaint in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, on June 21, 2024, against Benjamin William Hardy Fischer, Roger Fred Fischer, and Progressive Mountain Insurance Company.
The case stems from an incident that occurred on July 24, 2023. According to the complaint, Nichols was driving near the intersection of I-275 and Gandy Boulevard in Pinellas County when his vehicle was struck by another car driven by Benjamin William Hardy Fischer. The vehicle operated by Benjamin was owned by Roger Fred Fischer and was being driven with his consent. Nichols alleges that Benjamin's negligent operation of the vehicle caused significant bodily harm and damage to his property.
In his filing, Nichols claims he has suffered "bodily injury including a permanent injury to the body as a whole, pain and suffering of both a physical and mental nature, disability, physical impairment, disfigurement, mental anguish," among other damages. He further states that these injuries have led to substantial medical expenses and loss of earnings. The plaintiff is demanding compensation exceeding $50,000 for these losses.
Nichols also brings forth a vicarious liability claim against Roger Fred Fischer. Since Roger owned the vehicle and permitted Benjamin to drive it, Nichols asserts that Roger is equally liable for the negligence displayed during the accident. This legal principle holds an owner responsible for any negligent acts committed by someone driving their vehicle with permission.
Additionally, Nichols has included Progressive Mountain Insurance Company in his lawsuit under claims related to underinsured motorist coverage. He argues that despite having a valid insurance policy (Policy No. 965658477) providing such coverage at the time of the accident, Progressive has denied or refused to pay out his claim fully. Citing Section 627.727 of Florida Statutes which governs underinsured motorist benefits, Nichols seeks compensation from Progressive for failing to honor their contractual obligations.
The plaintiff demands a jury trial for all counts and seeks judgment against each defendant for amounts exceeding $50,000 exclusive of costs. The lawsuit aims not only to cover past medical expenses but also future costs associated with ongoing treatment and rehabilitation due to permanent injuries sustained from the crash.
Representing Kenneth Wayne Nichols is Paul Gross from Morgan & Morgan Tampa P.A., while details regarding defense attorneys remain undisclosed at this stage. The case will be presided over in Pinellas County under Case Number: 24-002775-Cl.