Uninsured Motorist Pleading

IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY, MARYLAND

STACEY SMITH :
65 Livingston Road, Apt. #100
Oxon Hill, Maryland 20745 :
Plaintiff :
v. :
CASE NO.:
ABC INSURANCE CO :
1000 Forest Drive
Annapolis, Maryland 21401 :
SERVE: Insurance Commissioner
501 St. Paul Place :
12th Floor
Baltimore, Md. 21202 :
Defendant :

COMPLAINT

COMES NOW the Plaintiff, Stacey Smith, by and through her attorneys, Foran & Foran, P.A., and sues the defendant, ABC INSURANCE CO., and as reasons therefor, states as follows:

1. That the Plaintiff, Stacey Smith, is an adult resident of Prince George's County, Maryland.
2. That the Defendant, ABC INSURANCE CO., is a corporation qualified to do and, in fact, does do business throughout the State of Maryland, including Anne Arundel County.
3. That on or about March 6, 2008, at approximately 7:36 a.m., the Plaintiff, Stacey Smith, was operating a 1999 Nissan Sentra and was proceeding northbound on Shepherd Parkway near the intersection of Blue Plains Drive, located in Anne Arundel County.
4. At that same time and place, Shannon Smith was operating an automobile, and was proceeding southbound on Shepherd Parkway, and attempted to make a left turn into a parking lot north of the intersection of Shepherd Parkway and Blue Plains Drive, which is located in Anne Arundel County, Maryland.
5. That Shannon Smith, negligently operated, maintained and controlled the said automobile as to cause it to increase speed, and then cause it to strike the front and left side of the automobile that Plaintiff, Stacey Smith, was operating.
6. On the occasion in question, Shannon Smith, was negligent in the following particulars, among others, to wit:
   1. Failure to yield right of way;
   2. Failure to give full time and attention;
   3. Failure to keep proper lookout;
   4. Unreasonable operation of a vehicle under conditions existing;
   5. Driving at an excessive rate of speed for conditions existing;
   6. Negligent driving; and
   7. Reckless driving.
7. That the collision hereinabove stated was due to the sole negligence of Shannon Smith, and in violation of the traffic and motor vehicle regulations of the State of Maryland then and there in full force and effect, without any contributory negligence whatsoever by the Plaintiff, Stacey Smith.
COUNT I
(Breach of Contract)
8. That the Plaintiff, Stacey Smith, adopts, incorporates and realleges each and every fact and allegation above as if fully set forth herein.
9. That the Plaintiff, Stacey Smith, was insured by the Defendant, ABC INSURANCE CO., at the time of the occurrence which is the subject of this lawsuit. (Insurance Claim No. ********). Said insurance contract included an uninsured motorist coverage provision in accordance with 19-509 of the Annotated Code of Maryland.
10. That the uninsured motorist coverage provision of the said insurance contract states that the Defendant, ABC INSURANCE CO., will pay damages which a covered person is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injuries sustained during a covered period and caused by an accident.
11. That as a direct and proximate result of the aforesaid acts of negligence of Shannon Smith, the Plaintiff, Stacey Smith, who was at all times exercising due care, was suddenly thrown against the inside of the vehicle in which she was operating. That as a further result of the aforesaid acts of negligence, the said Plaintiff was caused to suffer severe pain and permanent injury to her body as well as severe and protracted shock to her nervous system, all of which have caused and will continue to cause her great pain and mental anguish.
12. As a further direct and proximate result of the aforesaid negligence of Shannon Smith, the Plaintiff, Stacey Smith, has been forced to expend and will continue to expend large sums of money for doctors, nurses, hospitalization, x-rays, medical treatment and medicines for the treatment of the aforesaid injuries to herself.
13. That as a further direct and proximate result of the aforesaid negligence, the Plaintiff was forced to lose time from her employment and has suffered a loss of wages as well as a loss of wage earning capacity.
14. That at the time of the accident, Shannon Smith was not covered against liability by any valid insurance policy, and is therefor deemed uninsured.
15. That a claim has been made against the Defendant, ABC INSURANCE CO., for damages incurred as a result of the aforementioned automobile accident. The Defendant, ABC INSURANCE CO. has failed and refused payment of damages pursuant to the uninsured motorist claim, which refusal is a breach of contract herein. WHEREFORE, the Plaintiff Stacey Smith, demands judgment against ABC INSURANCE CO. in the amount of One Hundred Thousand Dollars ($100,000.00) together with costs of this action and such other relief as is deemed just and proper.

FORAN & FORAN, P.A.
BY:

Ryan J. Foran
Attorneys for Plaintiff
6301 Ivy Lane, #600
Greenbelt, Maryland 20770
(301) 441-2022

JURY DEMAND

COMES NOW the plaintiff, Stacey Smith, by and through her attorneys, FORAN & FORAN, P.A., and demands a trial by jury as to all issues in the above-captioned matter.

Respectfully submitted,
Ryan J. Foran

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