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Plaintiffs Allege Negligence Against Driver and Insurers Following Collision

FLORIDA RECORD

Thursday, November 21, 2024

Plaintiffs Allege Negligence Against Driver and Insurers Following Collision

State Court
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Sara Alijewicz, Judge at the FL 15th Judicial Circuit Palm Beach | https://www.15thcircuit.com/

In a gripping legal battle unfolding in Palm Beach County, two residents have filed a lawsuit against multiple defendants, including individuals and insurance companies, over a car accident that allegedly caused them significant harm. On November 6, 2024, Jonathan Schmidt and Gregory Schmidt initiated the complaint in the Circuit Court for the Fifteenth Judicial Circuit, targeting Joseph Camizzi, Danielle Mahoney, Garrison Property and Casualty Insurance Company, and USAA Casualty Insurance Company.

The plaintiffs allege that on January 20, 2024, Joseph Camizzi negligently operated a vehicle owned by Danielle Mahoney, resulting in a collision with Jonathan Schmidt's car on Donald Ross Road and US Highway 1. The Schmidts claim that this incident caused them severe bodily injuries along with other damages such as pain and suffering, loss of earnings, and medical expenses. They argue that Mahoney is vicariously liable under Florida’s Dangerous Instrumentality Doctrine because she entrusted her vehicle to Camizzi.

Jonathan Schmidt asserts that his insurance policy with Garrison Property and Casualty Insurance Company should cover the damages under the underinsured motorist provision. Similarly, Gregory Schmidt claims entitlement to benefits from his policy with USAA Casualty Insurance Company. Both plaintiffs maintain that these insurance companies are aware of their policies' terms but have not provided adequate compensation for their losses.

The Schmidts are seeking judgments against all defendants for damages exceeding $50,000 each. They demand compensation for their ongoing medical needs and lost earning capacity due to the accident's lasting impact on their lives. The lawsuit also requests trial by jury to resolve these issues.

Representing the plaintiffs is attorney Gregory M. Cummings from Schuler Weisser Zoeller Overbeck & Baxter P.A., based in West Palm Beach. The case ID: 502024CA010635XXXAMB.

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