Ii. [§ 3.40] Negligence—Uninsured Motorist
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II. [§ 3.40] NEGLIGENCE—UNINSURED MOTORIST
While driving, John Smith negligently struck an automobile operated by George Harris, seriously injuring Harris. Although Harris carried automobile liability insurance at the time of the accident, Smith did not. Harris sued Smith for negligence, and in the same action sued his own insurance carrier under the uninsured motorist provision of his policy.
John Smith (hereinafter "Smith"), Plaintiff, by his attorneys, Abeni P. Ojo and Ojo & Ojo, P.A., sues George Harris (hereinafter "Harris"), and Nationside Insurance Company (hereinafter "Nationside"), Defendants, and states:
1. Plaintiff Smith is a resident of Baltimore County, Maryland.
2. Defendant Harris is a resident of Baltimore County, Maryland.
3. Defendant Nationside is a Maryland corporation regularly conducting business in Baltimore County, Maryland, where it provides to the public automobile liability insurance.
4. On August 14, 2021, at approximately 4:00 p.m., Plaintiff Smith was lawfully and carefully operating his motor vehicle in a northerly direction on Paca Street, at or near its intersection with Druid Hill Avenue, in Baltimore City, Maryland.
5. Defendant Harris also was operating his vehicle at 4:00 p.m. on August 14, 2021, on Druid Hill Avenue in Baltimore City, Maryland.
6. Harris operated his vehicle in a negligent and careless manner by operating his vehicle at a high rate of speed and by entering the intersection of Druid Hill Avenue and Paca Street without stopping at the stop sign, and then colliding into the vehicle which Plaintiff Smith was operating.
7. Harris owed Smith a duty of care to operate his vehicle in a proper fashion, and breached this duty of care by failing to operate his vehicle in a safe and proper manner.
8. Harris's negligence proximately caused Smith to suffer serious injuries about his head, body and limbs, and to suffer great mental anguish, loss of work, wages and property damage. All such injuries were caused solely by the negligence of Harris without any negligence by Smith.
WHEREFORE, Plaintiff Smith demands judgment against Defendant Harris in an amount in excess of Seventy-Five Thousand Dollars ($75,000) in compensatory damages, plus interest and costs.
9. Plaintiff Smith adopts by reference the allegations contained in paragraphs 1 through 8 of this Complaint with the same effect as if herein fully set forth....
10. At the time of the
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