Motion for Complaint Sample

0 Small Claims 0 County Court 1 District Court
0 Probate Court 0 Juvenile Court 0 Water Court
Larimer County, Colorado
Court Address: 201 LaPorte Ave, Larimer County, Fort Collins, Colorado

Patty Plaintiff,

Plaintiff,

v.

Dennis Dimwit,

Defendant
Rick Jennings
1609 Oakridge Drive
Fort Collins, CO 80525
Phone Number: (307) 223-2669
FAX Number: (970) 223-2796
E-mail: rickj@yahoo.com
Atty. Reg. #: 22344












Case Number:



Div.: Ctrm:

Complaint for Damages


The Plaintiff appears, by and through her attorney, Rick Jennings, and respectfully submits this complaint against the defendant, Dennis Dimwit.

I. JURISDICTIONAL ALLEGATIONS

This Court has jurisdiction over the parties and the subject matter of this action.

1. The Plaintiff, Patti Plaintiff, resides at 234 Cowcrapsmell Street, Greeley, Weld County, Colorado.

2. The Defendant, Dennis Dimwit, resides at 567 Harmony Ave, Fort Collins, Larimer County, Colorado.

3. Venue for this complaint is correct pursuant to C.R.C.P. 98(c)(1)




II. GENERAL ALLEGATIONS

1. On June 30, 2007, at approximately 9:00 p.m., Patty Plaintiff was crossing Broadway Street at its intersection with Iowa Street in Denver, CO.

2. She had just stopped at the 7-11 Store at the northwest intersection of those two streets to buy some bottled water and some breath mints.

3. Her destination was Herman’s Hideaway, which is located across the street from the 7-11 at 1540 S. Broadway, Denver, CO.

4. Dick and Chicks, a popular rock-n-roll band from the 80’s was having a reunion concert and Patty was scheduled to meet a girlfriend there.

5. As Patty crossed the street, within the crosswalk and with the light, Dennis Dimwit was driving his 2006 Lexus sedan southbound on Broadway.

6. The light facing Dennis was green and when he was approximately 150 ft. north of the intersection the light turned yellow.

7. Dennis then sped up to pass the intersection before the light turned red.
8. Patty stepped into the crosswalk once the light indicated she could go and was crossing the street, carrying her water bottle, chewing her breath mints, when Dennis hit her going approximately 35 m.p.h.

9. Patty was tossed approximately 20 feet into the intersection and when she landed, she had broken her right leg at the femur.

10. She was taken to University Hospital in Denver by ambulance where she was treated in the emergency room.

11. The medical expenses, including follow-up medical care were $6,000. Patty missed three days of work which caused $500 in wage loss.

III. FIRST CLAIM FOR RELIEF – NEGLIGENCE

12. Plaintiff incorporates paragraphs 1 through 11 as if fully set forth herein.

13. Mr. Dimwit owed a duty to Ms. Plaintiff and the general public to drive safely and obey all traffic laws.

14. Mr. Dimwit breached that duty when he sped up in order to get through the light before it turned red.
15. This action caused Mr. Dimwit to run the light while Ms. Plaintiff was in the crosswalk and strike her with his vehicle.

16. Patty Plaintiff received a broken leg and a trip to the hospital resulting in the amount of $6,000. Patty also missed three days of work having $500 in lost wages. General damages in the amount of $18,000 are requested.

17. Mr. Dimwit is liable to Ms. Plaintiff for the injuries and damages described.

III. SECOND CLAIM FOR RELIEF – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS.

18. Plaintiff incorporates paragraphs 1 through 17 as if fully set forth herein.

19. Mr. Dimwits’ acted with negligent conduct when he sped up and struck Ms. Plaintiff.

20. Ms. Plaintiff experienced pain and suffering as a result of the accident.

21. Mr. Dimwits’ actions were the cause of Ms. Plaintiff’s emotional distress.

22. Patty Plaintiff incurred hospital bills worth $6,000. She also missed three days of work having $500 in lost wages. General damages in the amount of $18,000 are requested.

23. Mr. Dimwit is liable to Ms. Plaintiff for the injuries and damages described above.

WHEREFORE Plaintiff requests that this court enter its judgment against Dennis dimwit in an amount to be determined at trial. Plaintiff further requests that this court grant to her such other and further relief, including but not limited to interest from the date of the cause of action accrued pursuant to statute and costs, including expert witness and attorney’s fees, as the court finds to be just and proper under the circumstances.

PLAINTIFF DEMANDS A TRIAL TO A JURY OF SIX.

Dated:__________ PATTY PLAINTIFF, PLAINTIFF

_________________________
Rick Jennings, #22344
Attorney at Law
1609 Oakridge Drive
Fort Collins, CO 80525

Plaintiff’s address:
234 Cowcrapsmell Street
Greeley, CO

Verification

State of Colorado )
) ss.
County of Larimer )

The undersigned Plaintiff, having been first duly sworn upon her oath, deposes and states that hse is the Plaintiff in the above-referenced action, that she has reviewed the foregoing Complaint, and that the statements made therein are true and correct to the best of her knowledge, information, and belief.

_______________________
Patty Plaintiff, Plaintiff

Subscribed and sworn to me before this _____day of _____20___, by Patty Plaintiff.
Witness my hand and official seal. My commission expires:


______________________
Notary Public
Address: 1609 Oakridge Drive
Fort Collins, Co 80525