This article has a sample complaint for a pedestrian who is struck by a car. The complaint also seeks damages for the pedestrian's wife.
1. Plaintiff, Joshua Williams is an adult individual who resides at the address indicated in the caption.
2. Plaintiff, Rachel Williams is an adult individual who resides at the address indicated in the caption.
3. Defendant, Gina Davis is an adult individual who resides at the address indicated in the caption.
4. On or about October 5, 2006 at approximately 5:15 P.M., plaintiff, Joshua Williams was a pedestrian who was struck by a motor vehicle at or near Curie Boulevard and University Avenue, Philadelphia, Pennsylvania, as a result of which he sustained serious personal injuries, the details of which are hereafter more fully set forth.
5. At the aforesaid time date and place, the said motor vehicle was owned and operated by defendant, Gina Davis.
6. The said accident was caused solely by the negligence of defendant, Gina Davis and was due in no manner whatsoever to any actions taken by plaintiff.
7. Following the accident, plaintiff, Joshua Williams was required to undergo medical attention with the following health care providers:
Hospital of the University of Pennsylvania
Benjamin Chang, M.D.
8. Plaintiff avers that the injuries he sustained in the above accident were the result of the defendant's negligence which consisted of the following:
a. Operating the motor vehicle at a high and excessive rate of speed under the circumstances;
b. Failing to have the said motor vehicle under proper and adequate control at the time;
c. Failing to give proper and sufficient warning of the approach of the said vehicle;
d. Operating the said vehicle without due regard for the rights, safety and position of the plaintiff at the point aforesaid;
e. Violating the various ordinances of the City of Philadelphia and the statutes of the Commonwealth of Pennsylvania pertaining to the operation of motor vehicles;
f. With plaintiff in plain view, failing to exercise care and vigilance so as to avoid hitting plaintiff;
g. Passing a stopped bus and over double yellow lines before striking the body of the plaintiff;
h. Otherwise failing to exercise due care under the circumstances.
COUNT I
JOSHUA WILLIAMS v. GINA DAVIS
9. The allegations contained in paragraphs 1 through 8 above are incorporated by reference as though set forth in full.
10. As the result of the defendant's negligence, plaintiff sustained severe personal injuries including but not limited to left fifth finger fracture, contusions, shoulder and knee pain, shock and injury to his nerves and nervous system, and he was otherwise injured.
11. As a result of this accident, the plaintiff became sick, sore, lame and incurred physical pain all of which may continue in the future.
12. As a further result of this accident, the plaintiff has suffered great pain and agony and will continue to suffer the same in the future.
13. As a further result of this accident, the plaintiff has suffered an injury which is in full or part a cosmetic disfigurement which may be permanent, irreparable and severe.
14. Plaintiff has the full tort option since the motor vehicle he owned at the time of this accident carried the full tort option.
15. As a further result of this accident, plaintiff has been and/or will be obliged to receive and undergo medical attention and care and to expend various sums of money or to incur various expenses which have or may exceed the sum recoverable under the limits in 75 P.S. §1711 and he may be obliged to continue to expend such sums or incur such expenditures for an indefinite time in the future.
16. As a further result of this accident, plaintiff has or may incur hereafter other financial expenses or losses which exceed amounts which he may otherwise or entitled to recover or which may constitute otherwise unrecoverable expenses or losses.
WHEREFORE, plaintiff, Joshua Williams demands judgment in his favor and against the defendant, Gina Davis in an amount not in excess of FIFTY THOUSAND ($50,000.00) DOLLARS, plus costs.
COUNT II
RACHEL WILLIAMS v. GINA DAVIS
17. Plaintiff, Rachel Williams hereby incorporates paragraphs 1 through 16 above as if set forth herein at length.
18. Solely as a result of the foregoing negligence of the defendant, plaintiff, Rachel Williams has been deprived of the aid, comfort, assistance, society, companionship and services of her husband, and she may be deprived of the same in the future, all of which is to her great damage and financial loss.
19. As a further result of this accident, plaintiff, Rachel Williams has been or will be obliged to expend various sums of money or to incur various expenses resulting from the aforementioned injuries suffered by plaintiff, Joshua Williams, and she may be obliged to continue to expend such sums or incur such expenditures for an indefinite time in the future.
WHEREFORE, plaintiff, Rachel Williams demands judgment in her favor and against the defendant, Gina Davis in an amount not in excess of FIFTY THOUSAND ($50,000.00) DOLLAR, plus costs.
Evan Aidman is the founder and principal of the Law Offices of Evan K. Aidman. Mr. Aidman received a Bachelor's Degree in psychology from the University of Florida where he was elected to the Phi Beta Kappa Honor Society after compiling a near perfect scholastic record. He graduated from the University of Pennsylvania Law School, an Ivy League Institution, in 1983.
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