27 Fla. L. Weekly Supp. 487a
Online Reference: FLWSUPP 2705NOBLInsurance — Personal injury protection — Where statement of particulars has balance well above amount pled in complaint and lists items as paid, more definite statement is required
PHYSICIANS GROUP, LLC, as assignee of Donald Noble, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims. Case No. 18-CC-058667, Division J. June 18, 2019. Daryl M. Manning, Judge. Counsel: C. Spencer Petty, St. Petersburg, for Plaintiff. Steven T. Sock, Dutton Law Group, Tampa, for Defendant.
ORDER ON DEFENDANT’S MOTION TO DISMISS,OR FOR MORE DEFINITE STATEMENT,AND PROTECTIVE ORDER
THIS CAUSE having come before the Court upon Defendant’s Motion to Dismiss, More Definite Statement, and for Protective Order, and argument having been heard by this Court on June 4, 2019, having been fully advised in the premises, it is ORDERED AND ADJUDGED that:
1. Defendant’s Motion for More Definite Statement is granted.
2. A PIP pre-suit demand must be specific to place Defendant on notice. A Plaintiff may reduce the amount it seeks but a Defendant is entitled to be placed on notice of the specific items at issue.
3. Plaintiff’s Complaint plead a amount under $99.00 at issue. The Statement of Particulars filed by the Plaintiff has a balance of $751.68, well above the amount plead, and lists items as paid. The items at issue cannot be left to chance.
4. Plaintiff shall within 15-days file a More Definite Statement specifically identifying the items at issue.
5. If such More Definite Statement is not filed within 15-days, the case will be dismissed for failure to state a cause of action.
