COMPLAINT AND JURY DEMAND

Transcription

1 Kimberly Ray District Court, El Paso County, State of Colorado El Paso County Combined Courts 270 South Tejon Colorado Springs Co Plaintiff: Lola Anderson v. Defendant: Joseph Burton Attorneys for Plaintiff Name: William R. Ray #4433 Nancy E. Ray #2225 William R. Ray & Associates Address: 2020 Carpet Ln. Colorado Springs, Co Phone: Fax: FOR COURT USE Case No.: Division/Courtroom: COMPLAINT AND JURY DEMAND Plaintiff, Lola Anderson, by her attorneys, William R. Ray & Associates, for her Complaint and Jury Demand, alleges as follows: GENERAL ALLEGATIONS 1. This is a personal injury action to recover damages for economic losses, property loss, and pain and suffering resulting from injuries sustained by Lola Anderson, Plaintiff, due to the negligence of Joseph Burton, Defendant. 2. Plaintiff is an individual residing and domiciled at 1919 Mockingbird Ln. Colorado Springs, Co

2 Co Defendant is an individual residing and domiciled at 3232 Powers Colorado Springs, 4. The accident which is the subject of this case occurred in El Paso County, Colorado. 5. Jurisdiction and venue are proper inasmuch as El Paso County, Colorado is the location where the parties are domiciled and the accident occurred. FACTUAL BACKGROUND 6. Plaintiff incorporates paragraphs 1-5 as if fully stated herein. 7. On January 15, 2008, Plaintiff was driving her car in the 300 block of East Pikes Peak Avenue in Colorado Springs. 8. Plaintiff attempted to cross East Pikes Peak Avenue at an intersection that gave her the right of way with a green light. 9. Defendant, driving another vehicle, failed to yield right of way and failed to obey traffic control devices at East Pikes Peak Avenue striking Plaintiff s vehicle. 10. Defendant s failure to yield and obey traffic control devices was a negligent act and the approximate cause of the accident. 11. Plaintiff suffered physical injury, pain and suffering. 12. Plaintiff suffered property loss by way of damages to her vehicle.

3 FIRST CLAIM FOR RELIEF (Negligence) 13. Plaintiff incorporates paragraphs 1-12 as if fully stated herein. 14. Defendant owed a legal duty of care to Plaintiff. 15. Defendant breached his duty by failing to yield and obey traffic signs, striking Plaintiff s vehicle as she proceeded to drive through the intersection that provided her with the right of way, therefore Defendant was negligent. 16. Plaintiff suffered injuries and property loss resulting from the accident including but not limited to: a. Personal injuries; b. Pain and suffering; c. The cost of medical services; d. Loss of wages; e. Damage to her vehicle; f. Out of pocket expenses; g. Damages for emotional distress; and h. Other losses and damages for which she is entitled to be compensated. 17. Defendant s negligence was the cause of Plaintiff s injuries. SECOND CLAIM FOR RELIEF (Negligence Per Se) 18. Plaintiff incorporates paragraphs 1-17 as if fully stated herein.

4 19. Defendant s conduct violated certain provisions of the Uniform Safety Code of 1935, including but not limited to, C.R.S (Careless Driving), C.R.S (Right of Way) and C.R.S (Obedience to Traffic Control Devices), and therefore Defendant was negligent per se. 20. The provisions of the Uniform Safety Code were designed to protect drivers and passengers from the dangers associated with, among other things, careless and reckless driving. 21. Plaintiff suffered personal injuries as a result of Defendant s careless actions. 22. The injuries Plaintiff suffered were of a kind that the Uniform Safety Code was designed to protect because they occurred as a direct result of Defendant s negligent and careless driving. 23. The Defendant violated the Uniform Safety Code by failing to obey traffic control devices; and failing to yield the right of way to Plaintiff in a careless and imprudent manner. 24. As a result of Defendant s actions described above, Plaintiff is entitled to compensation for damages in an amount to be proven at trial including costs, fees, prejudgment interest and post judgment interest. WHEREFORE, Plaintiff prays for judgment against Defendant, to be granted by the Court in a reasonable amount, including damages, interest from the date of injury, costs of reasonable attorney fees, pre-judgment and post-judgment interest as provided by law and such other relief as the Court deems appropriate. Plaintiff reserves the right to amend the Complaint.

5 PLAINTIFF REQUESTS A JURY TO HEAR ALL ISSUES IN THIS CASE Dated this 17 th day of April, Respectfully submitted, William R. Ray & Associates By: /s/ William R. Ray William R. Ray # 4433 Plaintiff s Address: Lola Anderson 1919 Mockingbird Ln. Colorado Springs, Co