Automobile Accident Complaint

12 Sep 2014

Automobile Accident Complaint

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COMPLAINT AND DEMAND FOR JURY TRIAL, AUTOMOBILE ACCIDENT COMPLAINT

COMES NOW, PLAINTIFF MAGGIE NUMBLER (“PLAINTIFF”) files this Complaint, respectfully showing the Court as follows:

1.

This action alleges damages in excess of $15,000.00 exclusive of attorneys’ fees and costs.

2.

Defendants, MICHAEL C. GOODMAN (“GOODMAN”) and JIM STEVEN UNDERMAN (“UNDERMAN”) are believed to be Florida residents.

3.

On or about July 29, 2011, PLAINTIFF and DEFENDANTS were driving in Ocala, Florida on U.S. 27 when the automobile collision described infra occurred. The automobile collision described infra occurred in Marion County, Florida. As a result of said automobile collision, the PLAINTIFF has suffered a permanent injury within a reasonable degree of medical probability, other than scaring of disfigurement.

COUNT ONE – NEGLIGENCE AGAINST DEFENDANT, MICHAEL C. GOODMAN

4.

Paragraphs 1 through 3 of this Complaint are incorporated in this automobile accident complaint and by reference made a part hereof.

5.

At all times material hereto, GOODMAN owed a duty to PLAINTIFF to operate his vehicle with reasonable care.

6.

On or about July 29, 2005, GOODMAN caused a collision between PLAINTIFF’s vehicle, UNDERMAN’s vehicle and GOODMAN’s vehicle

7.

The above-noted collision was the direct and proximate result of the negligence of GOODMAN, including, without limitation, the following particulars:

(a) In unlawfully failing to stop for PLAINTIFF’s automobile in front, causing a collision to occur between GOODMAN’s vehicle and the vehicle PLAINTIFF was operating (and the vehicle in front of PLAINTIFF).

(b) In failing to exercise ordinary and reasonable care in the operation of his vehicle;

(c) In failing to maintain full and complete control of his vehicle while traveling upon a public roadway;

(d) In operating his motor vehicle at a speed too fast for conditions present at the time of the collision;

(e) In failing to maintain a proper lookout; and

(f) In failing to maintain minimum safe following distances.

8.

As a direct and proximate result of the aforesaid collision, PLAINTIFF has suffered severe, permanent and painful injuries.

9.

As a direct and proximate result of GOODMAN’s acts and omissions, PLAINTIFF has incurred, and will continue to incur, pain, suffering, and loss of enjoyment of natural life; PLAINTIFF, has experienced, and will continue to experience, disfigurement and physical impairment; PLAINTIFF has suffered, and will continue to suffer, emotional distress, embarrassment, humiliation and anxiety; PLAINTIFF, has incurred, and will continue to incur, expenses for the services of doctors, nurses, hospitals, chiropractors, therapists, medicines, and special equipment; PLAINTIFF, has suffered, and will continue to suffer, a loss of time, earnings, and impairment of her earning capacity; and PLAINTIFF, has suffered other ongoing and additional damages.

10.

As a result of the injuries which she sustained, PLAINTIFF has incurred expenses for medical attention and will continue to incur expenses for further medical attention in the future.

11.

As a result of the injuries which she sustained, PLAINTIFF has endured, and will continue to endure, severe physical and mental pain and suffering, and is therefore entitled to recover for such physical and mental pain and suffering since the date of the collision and for the rest of her life.

12.

As a result of the injuries which she sustained, PLAINTIFF has also suffered lost wages and a permanent impairment in her earning capacity and is therefore entitled to recover for any such lost wages and impairment.

13.

As a result, PLAINTIFF suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expenses of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing, and PLAINTIFF will suffer the losses in the future.

Wherefore, PLAINTIFF demands judgment against GOODMAN, and relief in the form of: economic damages, including lost wages, benefits, and other remuneration, any other compensatory damages allowable under law; damages; emotional distress damages, general and special damages, prejudgment interest and post-judgment interest; costs, damages and any other relief the court deems just and proper.

COUNT TWO – NEGLIGENCE AGAINST DEFENDANT, UNDERMAN

14.

Paragraphs 1 through 3 of this Complaint are incorporated herein and by reference made a part of this automobile accident complaint.

15.

At all times material hereto, UNDERMAN owed a duty to PLAINTIFF to operate his vehicle with reasonable care.

16.

On or about July 29, 2005, UNDERMAN caused a collision between PLAINTIFF’s vehicle, UNDERMAN’s vehicle and GOODMAN’s vehicle.

17.

The above-noted collision was the direct and proximate result of the negligence of UNDERMAN, including, without limitation, the following particulars:

(a) In unlawfully and suddenly stopping, causing a collision to occur between UNDERMAN’s vehicle and the vehicle PLAINTIFF was operating (and the vehicle behind PLAINTIFF).

(b) In failing to exercise ordinary and reasonable care in the operation of his vehicle;

(c) In failing to maintain full and complete control of his vehicle while traveling upon a public roadway;

(d) In operating his motor vehicle at a speed too fast for conditions present at the time of the collision;

(e) In failing to maintain a proper lookout; and

(f) In failing to maintain minimum safe following distances.

18.

As a direct and proximate result of the aforesaid collision, PLAINTIFF has suffered severe, permanent and painful injuries.

19.

As a direct and proximate result of UNDERMAN’s acts and omissions, PLAINTIFF has incurred, and will continue to incur, pain, suffering, and loss of enjoyment of natural life; PLAINTIFF, has experienced, and will continue to experience, disfigurement and physical impairment; PLAINTIFF has suffered, and will continue to suffer, emotional distress, embarrassment, humiliation and anxiety; PLAINTIFF, has incurred, and will continue to incur, expenses for the services of doctors, nurses, hospitals, chiropractors, therapists, medicines, and special equipment; PLAINTIFF, has suffered, and will continue to suffer, a loss of time, earnings, and impairment of her earning capacity; and PLAINTIFF, has suffered other ongoing and additional damages.

20.

As a result of the injuries which she sustained, PLAINTIFF, has incurred expenses for medical attention and will continue to incur expenses for further medical attention in the future.

21.

As a result of the injuries which she sustained, PLAINTIFF has endured, and will continue to endure, severe physical and mental pain and suffering, and is therefore entitled to recover for such physical and mental pain and suffering since the date of the collision and for the rest of her life.

22.

As a result of the injuries which she sustained, PLAINTIFF has also suffered lost wages and a permanent impairment in her earning capacity and is therefore entitled to recover for any such lost wages and impairment.

23.

As a result, PLAINTIFF suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expenses of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing, and PLAINTIFF will suffer the losses in the future.

Wherefore, PLAINTIFF demands judgment against UNDERMAN, and relief in the form of: economic damages, including lost wages, benefits, and other remuneration, any other compensatory damages allowable under law; damages; emotional distress damages, general and special damages, prejudgment interest and post-judgment interest; costs, damages and any other relief the court deems just and proper.

DEMAND FOR JURY TRIAL

PLAINTIFF demands trial by jury on all issues so triable.

__________________________

Michael Massey, Esq.

Florida Bar No. 0153680

Summary
Article Name
Automobile Accident Complaint
Description
Automobile Accident Complaint by a Florida lawyer.
Author

About the Author:

Massey & Duffy has existed since October, 2003. We focus exclusively on civil litigation, including wrongful death, overtime cases, car and trucking accidents, insurance claims, breach of contract, general employment law, and serious personal injury lawsuits.