In an injury case involving a slip and fall at a laundromat, the following complaint is a good example of a form you can use. Note that this case involves a minor.
1. Plaintiff, Jammiie Williams is a minor and sues by her parent and natural guardian, James Williams, both of whom reside at the address indicated in the caption.
2. Plaintiff, James Williams is the parent and natural guardian of the minor plaintiff, and brings this action on behalf of Jammiie Williams and in his own right as parent and natural guardian.
3. Defendant, U-Do-It Laundromat a/k/a U-Do-It Laundry is a business entity licensed to do business in the Commonwealth of Pennsylvania with an address for service of process as indicated in the caption.
4. At all times relevant hereto, defendant acted by and through its agents, servants, workmen, and/or employees, who were acting within the course and scope of their agency, employment and/or authority, and in furtherance of the interest of the defendant.
5. On or about October 17, 2003, and for a long time prior thereto there existed a certain defect, consisting of a puddle of water on the ground and a leaking washing machine, in the defendant's laundromat located at 3004 N. 22nd Street, Philadelphia, PA which presented a substantial impediment to travel.
6. The defendant knew or should have known of the said defect sufficiently prior to the said date to take such action as would cure the said defect.
7. On the date and time aforesaid, defendant had under its care and direction the supervision, control and maintenance of the said laundromat and had the duty to keep it free from defects and safe for travel for those lawfully traversing the said area.
8. On the said date, the minor plaintiff, was lawfully traversing the said area, at which time she slipped and fell to the ground after she stepped into the said puddle, thereby sustaining certain injuries which are hereafter more particularly set forth.
9. The said accident was the result of the defendant's negligence, and was due in no manner whatsoever to any act or failure to act on the part of the plaintiffs.
10. The defendant's negligence consisted of the following:
(a) Allowing the said defect to remain in the said area;
(b) Failing to make the said area safe for travel for those lawfully upon the said premises;
(c) Failing to maintain the said area and machine in a condition that would protect and safeguard persons lawfully entering the area;
(d) Failing to have the said area and machine inspected at reasonable intervals in order to determine its condition;
(e) Failing to warn persons lawfully traversing the said area of the said defect;
(f) Disregarding the rights and safety of the plaintiff at the time she was traversing the said area;
(g) Violating the codes and ordinances of the City of Philadelphia and the statutes of the Commonwealth of Pennsylvania pertaining to property maintenance, condition of public walkways and provision of safe ingress and egress;
(h) Otherwise filing to use due care under the circumstances, as well may be disclosed during the discovery and trial phases of this matter;
COUNT I
JAMES WILLIAMS, Parent and Natural Guardian of JAMMIIE WILLIAMS v. DEFENDANT
11. The allegations contained in paragraphs 1 through 10 above are incorporated by reference as though set forth in full.
12. Solely as the result of the defendant's negligence, the minor plaintiff sustained severe personal injuries to her head, body, limbs, more particulars, she suffered: aggravation of an ankle fracture, osteoarthritis, shock and injury to her nerves and nervous system, and she was otherwise injured.
13. All the above injuries are serious and permanent except those of a superficial nature. All of the foregoing injuries have rendered the minor plaintiff, sick, sore, lame, prostrate, disabled and disordered and have made her undergo great mental anguish and physical pain, as a result of which she has suffered, yet suffers and will continue to suffer for an indefinite time in the future.
14. As a further result of this accident the minor plaintiff, may in the future continue to suffer great pain and agony and may, after her maturity, be indeed and prevented from attending to her usual daily work and occupation to her great financial damage and loss.
15. As a further result of this accident the minor plaintiff, has suffered an injury which is in full or part a cosmetic disfigurement which may be permanent, irreparable and severe. WHEREFORE, plaintiff, James Williams, parent and natural guardian of Jammiie Williams, a minor demands judgment against the defendant in an amount not in excess of FIFTY THOUSAND ($50,000.00) DOLLARS plus costs of this suit.
COUNT II
JAMES WILLIAMS v. DEFENDANT
16. The allegations contained in paragraphs 1 through 15 above are incorporated by reference as though set forth in full.
17. As a further result of this accident, the minor plaintiff has been or will be obliged to receive and undergo medical attention and care as the result of which plaintiff, James Williams, has been required to expend sums of money for medical treatment.
18. As a direct result of the aforesaid accident, James Williams, has or may hereafter incur other financial expenses or losses.
19. As a direct result of the injuries sustained by the minor plaintiff, James Williams, has been deprived or may in the future be deprived of the financial assistance, comfort and society of his minor child.
WHEREFORE, plaintiff, James Williams, demands judgment against the defendant in an amount not in excess of FIFTY THOUSAND ($50,000.00) DOLLARS plus costs of this suit.
0 comments:
Post a Comment