IN THE COURT OF COMMON PLEAS 

CIVIL DIVISION 

MIAMI COUNTY, OHIO 

A a 

JERALD ABLE S 

2570 E Vista Ridge Drive : Case NL 1 1 1 

Troy, Ohio 45373 

And 

JOAN ABLES 

2570 E Vista Ridge Drive 

Troy, Ohio 45373 

CONTRACT. BAD FAITH AND LOSS 

Plaintiffs, OF CONSORTIUM 

V. : JURY DEMAND ENDORSED HEREIN 

SAPECO INSURANCE COMPANY OF 

ILLINOIS 

27201 Bella Vista Parkway, Suite 130 

Warrenville, Illinois 60555 

SERVE ALSO 

SAFECO INSURANCE COMPANY OF 

ILLINOIS 

do Gina Hudson 

175 Berkeley Street 

Boston, Massachusetts 02116 

Defendant. 

Plaintiffs, Jerald Ables ("Jeny") and Joan Ables ("Joan") (collectively, "Plaintiffs"), for their 

Complaint against defendant, Safeco Insurance Company ("Safeco" or "Defendant"), state as follows: 

PARTIES 

1. Plaintiff, Jerry Ables has, at all times relevant, been a resident and citizen of Concord 

Township, Miami County, Ohio. 

JUDGE: CRtSTO 

jUDc 

COMPLAINT FOR BREACH OF 

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2. Plaintiff, Joan Abics is the wife of Jerry Ables and has also, at all relevant times, been 

a resident and citizen of Concord Township, Miami County, Ohio. 

3. Defendant Safeco is a corporation in the business of providing insurance in Ohio and 

throughout the United States. 

JURISDICTION & VENUE 

4. Plaintiffs allege an amount in controversy in excess of $25,000.00 exclusive of interest 

and costs. 

5. This Court has jurisdiction over this action because the amount in controversy exceeds 

$25,000.00 and because the Defendant regularly transacts business in this state. 

6. Venue in this Court is proper because the accident and subsequent breach of contract 

that gave rise to Plaintiffs' claims occurred in Miami County, Ohio. 

BACKGROUND FACTS 

7. On May 1, 2015, at 4:49 p.m., Jerry was lawfully operating and traveling on his 2008 

Harley Davidson on Interstate 75 in Miami County, Ohio, At all times herein mentioned, Jerry's 

vehicle was operated in a reasonable and prudent manner, with due caution and regard for the motor 

vehicle laws of the State of Ohio. 

S. At the same time and place, an unidentified driver was operating a red Ford Fiesta on 

Interstate 75 in Miami County, Ohio. 

9. Jerry was driving in the left lane of a two-lane highway traveling south bound on 

Interstate 75 when the unidentified driver, apparently impatient with Jelly's speed, began to drive 

erratically behind him by puffing into the berm near the median to the left of traffic. 

10. Near this section of Interstate 75, a third lane of traffic opens up to the left of the two 

existing lanes. Despite the addition of the third lane, Jerry remained in the same lane he had been 

traveling, which was now the middle lane of traffic. 

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11. In a fit of rage, the unidentified driver sped into the third, far left lane and then abruptly 

pulled in front of Jerry in the middle lane. Once in front of Jerty, the unidentified driver unexpectedly 

slammed on his/her brakes causing Jerry to crash into the car at a rate of 60-70 miles per hour. Jerry's 

motorcycle then careened across the left lane and into the concrete-barrier dividing the southbound 

from the northbound traffic. 

12. The unidentified driver of the at-fault vehicle fled the scene. 

13. Ohio State Highway Patrol responded to the scene and determined Jerry was not the 

at-fault driver. 

14. Jerry was transported via ambulance to the Upper Valley Medical Center. Because of 

the life-threatening injuries Jerry suffered, physicians at Upper Valley Medical Center decided to 

transfer Jerry to a higher acuity facility. 

15. That same day, Jerry was transported via MICU to Miami Valley Hospital for trauma 

evaluation. Jerry remained at Miami Valley Hospital until May 4, 2018, at which time he was 

transported back to Upper Valley Medical Center for rehabilitation until he was discharged on May 8, 

2015. 

16. Jerry sustained a traumatic brain injury, concussion, post-concussion syndrome, bilateral pelvic fractures, right shoulder tendon tears, right biceps tendon tear, right rotator cuff (AC 

joint) tear, bilateral knee injuries; post traumatic stress disorder, and left thumb sprain. 

17. Since the motor vehicle accident, Jerry has continued to suffer excruciating migraine 

headaches, memory loss, dizziness, pain in his knees, pelvic pain, depression, anxiety and sleep 

deprivation resulting in permanent disability and limitations to his daily activities, travel and personal 

life and is now unable to return to work. 

is. Due to the injuries Jerry suffered from the accident Joan was forced to take an 

cxtcndcd period of time off of work to care for Jerry. 

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19. At the time of the accident Jerry and Joan Ables had a valid policy of motorcycle 

insurance with the Defendant. A copy of the Policy is attached as Exhibit A. 

20. Plaintiffs promptly filed an uninsured/underinsured motorist claim pursuant to their 

policy with Defendant and began corresponding with Defendant within May 2015. 

21 Plaintiffs complied with the requests of Defendants related to providing information 

and authorizations necessary for Defendants to value the claim. 

22. Despite numerous efforts to communicate with Defendants regarding a settlement of 

their claim, Plaintiffs did not receive an offer from Defendant until February 2018, less than three 

months before the running of the state of limitations. 

23. Defendant's offer to settle the claim was well below the policy limits and did not 

contemplate the true measure of damages suffered by the Plaintiffs. 

24. Plaintiffs have attempted to negotiate with Defendant but they have run out of time 

due to Defendant's unreasonable delay in communicating with Plaintiffs and extending an offer. 

COUNT ONE 

BREACH OF CONTRACT 

25. Plaintiffs incorporate by reference Paragraphs I through 24 as if fully written herein. 

26. At the time of the accident, the Plaintiffs had in force a policy of motorcycle insurance 

issued by Defendant. This policy contained a provision for uninsured/underinsured motorist 

coverage which provided, among other things, insurance coverage for losses and damages sustained 

in accidents which were caused by the negligent operation of a vehicle by third persons, including hitand-run drivers, when that vehicle is uninsured or underinsured at the time of the accident and the 

third person is not othenvise entitled to coverage. 

27. At the time of the accident, the Plaintiffs also had in force, an umbrella policy issued 

by Defendant "Umbrel1a Policy"). A copy of the Umbrella Policy is attached as Exhibit B. 

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28. The Plaintiffs complied with the terms of the contracts with defendant and are entitled 

to be paid by the Defendant any and all damages sustained by the Plaintiffs resulting from the 

negligence of the at-fault driver. 

29. The Defendant has breached the contracts with the Plaintiffs by failing to make the 

necessary payments under the underinsured motorist provision of the Plaintiff's policy and umbrella 

policy. 

COUNT TWO 

BAD FAITH 

30. Plaintiffs incorporate by reference Paragraphs I through 29 as if fully written herein. 

31. The Defendant has a duty to act in good faith toward Plaintiffs in carrying out its 

responsibilities tinder the policy of insurance. 

32. Defendant breached that duty when it engaged in excessive delay before offering a 

settlement demand to Plaintiffs and in refusing to make a good-faith settlement offer on Plaintiffs' 

uninsured/underinsured motorist daim 

COUNT THREE 

LOSS OF CONSORTIUM 

33. Plaintiffs incorporate by reference Paragraphs I through 32 as if fully rewritten herein. 

34. Plaintiff Joan Ables is the wife of Jerry. 

35. As a direct and proximate result of the injuries suffered by Jerry, Joan has been 

deprived of his services, consortium, comfort, guidance, solace and affection and will continue to be 

so deprived in to the future. 

PRAYER FOR RELIEF 

WHEREFORE, plaintiffs, Jerald Ables and Joan Ables demand judgment against defendant 

Safeco, for compensatory damages in an amount in excess of $25,000, plus costs and attorney fees. 

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April -25,2018 Resecty submitted, 

David P. Kamp (0020665 

Brian D. Goldwasser (0061926) 

Sarah E. Abbott (0086099) 

Whit; Getgey & Meyer Co., LPA 

1700 Fourth & Vine Tower 

One West Fourth Street 

Cincinnati, Ohio 45202 

dkampwgmlpa.com 

bgo1dvasser@wgirilpa.com 

sabbott@wgmlpa.com 

(513) 241-3685 

Fax: (513) 241-2399 

JURY DEMAND 

Plaintiffs demand trial by jury pursuant to Ohio 1 . Civ. P. 38 as to all issues. 

David P. Kamp (0020665) 

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