WILLIE D BUTTS -VS- WILLIAM H FAUSNAUGH

5. At all times material hereto, Defendant PROGRESSIVE was and is a Foreign Profit Corporation that operates in the State of Florida and more specifically, Seminole County, Florida.

6. This cause of action stems from a motor vehicle accident that occurred on or about December 14th, 2023 , in Seminole County, FL.

7. Venue is appropriate in Seminole County, Florida.

8. This motor vehicle accident occurred on or about December 14, 2023 , near the intersection of SR- 46 and Wayside Drive in Sanford, Seminole County, Florida.

9. Plaintiff, WILLIE D. BUTTS, was driving a 2012 Mercedes eastbound on SR-46.

10. Defendant, WILLIAM H. FAUSNAUGH, was driving a 2016 Ford Focus eastbound on SR-46.

11. Defendant, KEVIN M. BOEHLY, was driving a 2016 GMC eastbound on SR-46.

12. Plaintiff, WILLIE D. BUTTS, was stopped for traffic at the intersection of SR-46 and Wayside Drive in Sanford, Seminole County, Florida.

13. Defendant, KEVIN M. BOEHLY, did not slow for traffic and rear-ended Plaintiff.

14. Defendant, WILLIAM H. FAUSNAUGH, did not slow for traffic and rear-ended Mr. Boehly, causing Mr. Boehly to hit Plaintiff's vehicle a second time.

15. Plaintiff incorporates paragraphs 1-14 herein, and further states:

16. Defendant WILLIAM H. FAUSNAUGH owed a duty to Plaintiff to operate and/or maintain his motor vehicle with reasonable care.

17. Defendant WILLIAM H. FAUSNAUGH breached said duty when he negligently operated and/or maintained his motor vehicle SO that it collided with Plaintiff's motor vehicle.

18. As direct and proximate result, Plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money

and aggravation of a previously existing condition. The losses are either permanent or continuing and Plaintiff will continue to suffer losses in the future. Plaintiff has sustained a permanent injury within a reasonable degree of medical probability.

19. Plaintiff incorporates paragraphs 1 -14 - herein, and further states:

20. Defendant KEVIN M. BOEHLY owed a duty to Plaintiff to operate and/or maintain his motor vehicle with reasonable care.

21. Defendant KEVIN M. BOEHLY breached said duty when he negligently operated and/or maintained his motor vehicle SO that it collided with Plaintiff's motor vehicle.

22. As direct and proximate result, Plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money and aggravation of a previously existing condition. The losses are either permanent or continuing and Plaintiff will continue to suffer losses in the future. Plaintiff has sustained a permanent injury within a reasonable degree of medical probability.

23. Plaintiff incorporates paragraphs 1-14 above, as fully set forth herein.

24. Before December 14th, 2023 , Defendant PROGRESSIVE issued a policy of insurance/contract (Policy No.: ), to Plaintiff, which provided, inter alia, uninsured, and underinsured motorist coverage.

25. Said policy of insurance/contract was in full force and effect on December 14th, 2023 .

26. Said policy of insurance/contract provided for "non-stacked" uninsured/underinsured motorist coverage.

27. Defendant PROGRESSIVE is in possession of the policy of insurance/contract, a copy of the declarations page is attached hereto as Exhibit "A".