`IN AND FOR ORANGE COUNTY, FLORIDA
`
`PROGRESSIVE AUTO PRO INS. CO,
`aso FRANKIE J, BIENZ,
`
`CASE NOL: 06-8C-1318 (72)
`FLORIDA BAR NO.: 477151
`
`Plaintiff,
`
`12.
`
`GEORGE'S WHOLESALE TIRE,INC.,
`Defndant,
`
`|
`
`i
`
`age
`
`TR eb
`
`fe
`iy
`an
`gee
`UR Be
`AMENDED(COMPLAINT Se ge LT
`
`
`
`COMES NOW the Plaintiff, PROGRESSIVE AUTO PRO INSURANGE COMPANY
`(hereinafter referred ta as "PROGRESSIVE"), as subrogee of FRANKIE J. BIENZ thereinafter
`|
`
`referred to as “ingured") by and through his undersignedattomeys, and sues the Defendant,
`
`GEORGE'S WHOLESALE TIRES, INC, and alleges a9 followe:
`
`1. That this 19 an action for damages in the amount of $3916.97, exclusive ofcosts and pre-
`
`judgment interest.
`
`2. At all Gimes material to this cause, the Plaintiff, PROKGRESSIVE, was and is a foreign
`
`corporation, licensed to do business in the State ofFlorida, and, in fact, doing business in Orange
`
`County, Flonda snd is otherwise sui juris.
`
`3. At all tres material to this cause, Defendant GEORGE'S WHOLESALE TIRES,INC.,
`
`was and is a corporation, hoensed ka do business in the Staie of Florida, and, in fact, doing business
`
`in Orange County, Florida and is otherwise sui juris.
`
`4 On of about Apmil 19, 2005, Progreasive’s insured, Frankie Bienz operated a motor
`
`vehicle at the beginning of1-4 and Lake Mary Blvd. in the city ofChrlands, Orange County, Florida.
`
`3, Ad the above time and place, a tire, negligently instalked by Defendant, GEORGE'S
`
`WHOLESALE TIRES, INC., fell off of the insured’s webicle while be was driving, and struck
`
`
`
`
`
`
`
`6 Due to said negligence of Defendant GEORGE'S WHOLESALE TIRES, INC. for
`
`improper tire installation, the motor vehicle owned and operated by the insured, and the motor
`
`vehicle owned and operated by TRAVIS ML. TURNER was damaged
`
`7. At said time and place, the insured had in full force and effect a policy of insurance
`
`issued by PROGRESSIVE, which covered ihe damages occasioned by the above negligence.
`
`§. Pursuant tr said policy of insurance, PROGRESSIVE paid to or on bchalfofthe insured,
`
`the sum of $3910.07 for repaire to usured*s vehicle and to TRAVIS M. TURMERTS vehicle.
`
`9. Pisintiif has an executed Release and Trust Agrecment or dues by virtue of construchve
`
`trust for ihe beneiit ofthe insured,
`
`WHEREFORE,
`
`the Plaintiff demands Judgment
`
`for damages against
`
`the Defendant,
`
`GEQRGE'S WHOLESALE TIRES, INC. in the sum of $3910.97, together with costs and pre-
`judgment interest (calculated from the date PlaintiffPROGRESSIVE made paythent(0 or onbehalf
`
`of the insured and TRAVIS MU TURNER), ated any other relief this Honorable Court may deem
`
`just and cquitable.
`
`IHEREAY CERTIFY thal a trac and conrect copy of the foregeing was delivered by mail lo
`
`George's Wholezale Tires, Ine., E230 US Highway 19, Pon Richey, FL 34663.
`
`DATED this 17th day of March, 2006,
`
`MARKCITY, ROTHMAN & CANTWELL.
`Attomeys for Plaintifits)
`£121 W. Broward Boulevand - Sutte 300)
`Plantation, Florida 33374
`Tel: (954) 474-3616
`Fax: (954) 474-0977
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
