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Filing # 198092109 E-Filed 05/10/2024 04:06:32 PM
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT,
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
KERRY SIEWNARINE and CATHERINE
BARILARI-SIEWNARINE,
Plaintiffs, Case No.:
v.
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, and DARRELL
OKEEFE RANDALL,
Defendants.
/
COMPLAINT
COMES NOW, Plaintiffs, KERRY SIEWNARINE and CATHERINE BARILARI-
SIEWNARINE, by and through the undersigned counsel, and sues the Defendants, STATE FARM
MUTUAL AUTOMOBILE INSURANCE COMPANY, and DARRELL OKEEFE RANDALL,
and states:
1. This is an action for damages in excess of Fifty Thousand ($50,000.00) Dollars.
2. At all times material hereto, Plaintiff, KERRY SIEWNARINE, was and is a resident of
Tampa, Hillsborough County, Florida.
3. At all times material hereto, Plaintiff, CATHERINE BARILARI-SIEWNARINE, was and
is a resident of Tampa, Hillsborough County, Florida.
4. Defendant, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY was
and is a Foreign Profit Corporation licensed and authorized to do business, and in fact,
doing business in Hillsborough County, Florida, maintained one or more agents, employees
and/or representatives in Hillsborough County, Florida and provided
uninsured/underinsured motorist coverage to Plaintiffs herein.
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5. Defendant, DARRELL OKEEFE RANDALL, was and is a resident of Tampa of
Hillsborough County Florida.
6. At all times material hereto, Plaintiff, KERRY SIEWNARINE and Plaintiff, CATHERINE
BARILARI-SIEWNARINE were married to each other.
7. All conditions precedent have been performed or have occurred.
FACTUAL ALLEGATIONS
8. On or about September 10, 2023, at or near 112 N Dale Mabry Hwy, Tampa, Hillsborough
County, Florida Defendant, DARRELL OKEEFE RANDALL, operated a motor vehicle,
a 2010 Chevy Impala.
9. Plaintiff, KERRY SIEWNARINE, was operating a 2012 Toyota Camry and Plaintiff
CATHERINE BARILARI-SIEWNARINE was a passenger in that vehicle.
10. Plaintiffs’ minor children were also passengers in their 2012 Toyota Camry.
11. Defendant, DARRELL OKEEFE RANDALL rear-ended a 2020 Toyota Carolla that was
ACCESS ALVAREZ DE SEQUIERA which was pushed into the vehicle then was pushed
into the rear-ended of the 2012 Toyota Camry containing Plaintiffs, KERRY
SIEWNARINE and CATHERINE BARILARI-SIEWNARINE.
12. At the above time and place, Defendant, DARRELL OKEEFE RANDALL, negligently
operated, and/or negligently maintained the aforementioned motor vehicle so that it
collided with a vehicle being occupied and/or operated by ACCESS ALVAREZ DE
SEQUIERA which caused that vehicle to be pushed into Plaintiffs, KERRY
SIEWNARINE and CATHERINE BARILARI-SIEWNARINE, vehicle.
13. On or about September 10, 2023, the Plaintiffs, KERRY SIEWNARINE and CATHERINE
BARILARI-SIEWNARINE, were covered by a policy of uninsured/underinsured motorist
5/10/2024 4:06 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
insurance, issued by Defendant, STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, bearing Policy Number K41 3353-E25-59, which was in effect
on the date of the subject accident and attached to the Complaint as Exhibit “A”.
14. Defendant, DARRELL OKEEFE RANDALL who injured Plaintiffs, KERRY
SIEWNARINE and CATHERINE BARILARI-SIEWNARINE, on September 10, 2023,
was uninsured/underinsured driver.
COUNT I – NEGLIGENCE AGAINST DEFENDANT DARRELL OKEEFE
RANDALL
15. Plaintiffs, KERRY SIEWNARINE and CATHERINE BARILARI-SIEWNARINE
realleges and incorporates the allegations set forth in paragraphs 1-14 above.
16. At all times material hereto, defendant DARRELL OKEEFE RANDALL, owed a duty of
reasonable care to Plaintiffs, KERRY SIEWNARINE and CATHERINE BARILARI-
SIEWNARINE.
17. Defendant, DARRELL OKEEFE RANDALL, breached his duty of care to the plaintiff
and was negligent in the operation of the motor vehicle in that he failed to maintain, inspect
and drive the vehicle in a safe manner.
18. Defendant, DARRELL OKEEFE RANDALL, breached his duty of care to the plaintiff
and was negligent when he failed to maintain a proper lookout, failed to control his speed,
failed to maintain a safe following distance, and/or operated his vehicle in careless or
negligent manner, and caused the multiple vehicle collision with Plaintiffs.
19. As a direct and proximate result of the negligence of the Defendant, DARRELL OKEEFE
RANDALL as set forth above, Plaintiff, KERRY SIEWNARINE, suffered bodily injury
and resulting pain and suffering, disability, physical impairment, disfigurement, mental
anguish, inconvenience, loss of capacity for the enjoyment of life, incurred expenses of
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hospitalization, medical, chiropractic and nursing care and treatment, loss of earnings, loss
of ability to earn money and/or aggravation of a previously existing condition, disease or
physical defect. Plaintiff, KERRY SIEWNARINE’ losses are either permanent or
continuing and plaintiff will suffer the losses in the future.
20. As a direct and proximate result of the negligence of the Defendant, DARRELL OKEEFE
RANDALL as set forth above, Plaintiff, CATHERINE BARILARI-SIEWNARINE,
suffered bodily injury and resulting pain and suffering, disability, physical impairment,
disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life,
incurred expenses of hospitalization, medical, chiropractic and nursing care and treatment,
loss of earnings, loss of ability to earn money and/or aggravation of a previously existing
condition, disease or physical defect. Plaintiff, CATHERINE BARILARI-
SIEWNARINE’s losses are either permanent or continuing and plaintiff will suffer the
losses in the future.
WHEREFORE, Plaintiffs, KERRY SIEWNARINE and CATHERINE BARILARI-
SIEWNARINE, sues Defendant, DARRELL OKEEFE RANDALL, for compensatory
damages, costs and interest and demands trial by jury of all issues so triable as a matter of
right.
COUNT II BREACH OF CONTRACT AGAINST DEFENDANT, STATE FARM
MUTUAL AUTOMOBILE INSURANCE COMPANY
21. The Plaintiff adopts and realleges paragraphs 1-14 as if fully alleged herein.
22. On or about September 10, 2023, the Plaintiffs, KERRY SIEWNARINE and CATHERINE
BARILARI-SIEWNARINE, were covered by a policy of uninsured/underinsured motorist
insurance, issued by Defendant, STATE FARM MUTUAL AUTOMOBILE
5/10/2024 4:06 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 4
INSURANCE COMPANY, bearing Policy Number K41 3353-E25-59, which was in effect
on the date of the subject accident and attached to the Complaint as Exhibit “A”.
23. At all times material hereto, the above-described insurance policy issued by Defendant,
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, was in full force
and effect, and the benefits of which would inure to the Plaintiffs, KERRY SIEWNARINE
and CATHERINE BARILARI-SIEWNARINE.
24. The Policy was issued and delivered to Plaintiffs and/or the named Insureds in the State of
Florida.
25. At all times material hereto, Plaintiffs, KERRY SIEWNARINE and CATHERINE
BARILARI-SIEWNARINE, has notified Defendant, STATE FARM MUTUAL
AUTOMOBILE INSURANCE COMPANY, of this uninsured/underinsured motorist claim
and has otherwise performed all conditions precedent which would entitle Plaintiffs,
KERRY SIEWNARINE and CATHERINE BARILARI-SIEWNARINE to recover under
the policy.
26. At all times material hereto, Plaintiffs, KERRY SIEWNARINE and CATHERINE
BARILARI-SIEWNARINE, has performed all conditions precedent to the bringing of this
action and all conditions precedent as set forth in any terms or provisions of the above-
described insurance policy issued to Plaintiffs by the Defendant, STATE FARM
MUTUAL AUTOMOBILE INSURANCE COMPANY.
27. At all times material hereto, under the provisions of the above-described insurance policy
issued to Plaintiffs by the Defendant, STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, and/or pursuant to Florida law, the Plaintiffs, KERRY
SIEWNARINE and CATHERINE BARILARI-SIEWNARINE, are legally entitled to
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recover uninsured/underinsured motorist benefits against the Defendant, STATE FARM
MUTUAL AUTOMOBILE INSURANCE COMPANY, for her injuries, damages, and
losses as set forth herein and which were proximately caused by the negligence of the driver
on September 10, 2023.
28. At all times material hereto, the Defendant, STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, has breached its contract with Plaintiffs, and breached its duties
to the Plaintiffs by failing and refusing to pay the uninsured motorist benefits owed to the
Plaintiffs.
29. As a direct, proximate and foreseeable result of the aforesaid negligence and breach,
Plaintiffs, KERRY SIEWNARINE and CATHERINE BARILARI-SIEWNARINE,
suffered bodily injury and resulting pain and suffering, disability, physical impairment,
disfigurement, mental anguish, inconvenience, loss of capacity for the enjoyment of life,
incurred expenses of hospitalization, medical, chiropractic and nursing care and treatment,
loss of earnings, loss of ability to earn money, and/or aggravation of a previously existing
condition, disease or physical defect. Plaintiffs, KERRY SIEWNARINE and
CATHERINE BARILARI-SIEWNARINE’s losses are either permanent continuing and
Plaintiffs will suffer losses in the future.
WHEREFORE, Plaintiffs, KERRY SIEWNARINE and CATHERINE BARILARI-
SIEWNARINE, sues Defendant, STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, for compensatory damages, costs and interest and demands
trial by jury of all issues so triable as a matter of right.
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I HEREBY CERTIFY that a copy of the foregoing has been served on the above
Defendants, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, with the
Complaint.
Steinger, Greene & Feiner
5440 Mariner Street, Suite 211
Tampa, FL 33609
Telephone: (813) 296-2067
Facsimile: (813) 296-2067
apetit@injurylawyers.com
Attorney for Plaintiffs
/s/ Allen D. Petit
Allen D. Petit, Esquire
Florida Bar No.: 1039414
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