A federal court has issued an order to grant a defendant’s motion for summary judgment in a case involving a city of Pinellas Park police officer who was struck while on duty directing traffic.
According to the March 1 U.S. District Court for the Middle District of Florida Tampa Division order, defendant Allstate Property and Casualty Insurance Company and plaintiff Scott Martin, a Pinellas Park police officer, petitioned the court regarding nine different motions in a case.
The defendant’s insured, Sengthong Liamsavay, had an automobile policy with Allstate when in July 2008, he struck Martin who was directing traffic at an intersection that resulted in Martin receiving injuries for which he was hospitalized. The defendant’s assigned adjustor investigated the claim and incident. Several weeks later, court documents show, it issued a $50,000 check (the policy limit), a release form that covered claims for Martin and his wife.
After receiving the check, Martin and his wife turned the check over to the city of Pinellas Park, which then forwarded the payment to the city’s worker’s compensation carrier Florida League of Cities. Several months later, the worker’s compensation carrier returned the check to the defendant and asserted a $89,062.69 lien, although the defendant maintained the $50,000 policy limit coverage in exchange for a release, the suit says.