Florida Law requires the owner of a motor vehicle to maintain valid automobile insurance. Two days prior to the accident Allstate Insurance Company cancelled Burress' auto insurance due to his failure to pay his premiums.
The lawsuit was filed on Dec. 9 by Attorney Gregory Dell of Dell and Schaefer on behalf of the plaintiff, Alise Smith. Dell said Smith suffered extensive neck and back injuries in the accident, as well as incurring more than $25,000 in medical bills, lost wages and property damage to her vehicle. Smith continues to undergo treatment as a result of her injuries.
"Ms. Smith, who was wearing a seat-belt, was rear-ended by Mr. Burress, who failed to maintain a safe braking distance, maintain a proper lookout or to exercise reasonable care," Dell said. "All of this was the cause of this accident and Ms. Smith's resulting injuries."