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Plaintiff (insurance company) sues Defendant (landlord) over negligence causing vehicular damage

FLORIDA RECORD

Wednesday, December 18, 2024

Plaintiff (insurance company) sues Defendant (landlord) over negligence causing vehicular damage

State Court
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6th Judicial Circuit of Florida Pinellas County | Official Website

Progressive Premier Insurance Company of Illinois has filed a lawsuit seeking damages for a vehicular incident involving a fallen tree. The complaint was filed on December 1, 2024, in the County Court of Pinellas County, Florida, against Matthew Lanier Campbell.

The case revolves around an unfortunate event that occurred on June 10, 2024. On this date, Melissa Mayo, the insured party under Progressive Premier Insurance Company of Illinois, experienced damage to her vehicle due to a tree falling on it. The plaintiff claims that the defendant, Matthew Lanier Campbell, who owned and managed the property where Mayo resided as a tenant at 1050 Indiana Ave., Palm Harbor, was negligent in maintaining the trees on his property. According to the complaint, one such tree was visibly damaged or diseased and ultimately fell onto Mayo's parked vehicle during windy conditions.

Progressive Premier Insurance Company argues that Campbell's negligence in failing to remove or properly maintain the rotted or diseased tree directly led to foreseeable damage to Mayo's vehicle. The insurance company had compensated Mayo with $7,338.67 for her loss under her policy with them but is now seeking reimbursement from Campbell for this amount along with an additional $850 deductible paid by Mayo herself.

The legal action is based on several Florida statutes concerning jurisdiction and service of process due to Campbell’s residency status being unclear—whether he resides locally or out-of-state. The plaintiff is pursuing judgment against Campbell for a total of $8,188.67 plus costs and pre-judgment interest calculated from when they made payment on behalf of their insured client.

Representing Progressive Premier Insurance Company in this matter are attorneys from Markcity, Rothman, Cantwell & Breitner P.A., specifically Jordan M. Breitner Esq., who has signed off on the complaint documentation. The case is being overseen by Ken Burke as Clerk of the Circuit Court in Pinellas County under Case Number: 24-010341-CO.

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