Damione Verdusco
PA 110 – Unit 3
Action Item: Draft the Justin King Complaint
4/8/10
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
JUSTIN WILLIAM KING, )
)
Plaintiff, )
) CASE NO. 1234567 (09)
)
VS. )
) Judge Frank P. Luis
)
ANHEUSER-BUSCH COMPANIES, INC. )
)
Defendants. )
)
)
)
COMPLAINT
COMES NOW Plaintiff, JUSTIN WILLIAM KING (“KING”), complains of defendant, ANHEUSER-BUSCH COMPANIES, INC., (“ANHEUSER-BUSCH”) by and through his attorneys of record, SMITH AND JONES law firm, and alleges as follows:
I.
PARTIES
1. The plaintiff is a resident of Kansas City, Missouri. The plaintiff resides within the jurisdiction of this court.
2. The defendant Anheuser-Busch Company, Inc., (“Anheuser-Busch”) is a corporation organized and existing under the laws, and is a resident of St. Luis, in the State of Missouri, with its principal place of business, on information and belief, in the State of Missouri. Further, the defendant is authorized to do, and in fact, does business in the State of Missouri.
II.
JURISDICTION AND VENUE
3. This court has jurisdiction over the subject matter of this action and is pursuant to 28 USC § 1332(a)(2) because the matter in controversy exceeds $75,000.00, exclusive of costs, it is between citizens of a state and citizens or subjects of a foreign state and each have minimum contacts with the State of Illinois such that the maintenance of the suit in this district does not offend traditional notions of fair play and substantial justice.
4. Venue in the United States District Court for the Northern District of Illinois, Eastern Division is proper pursuant to 28 USC § 1391(a)(2) because a substantial part of the events or omissions giving rise to the plaintiffs claim and causes of action occurred in this judicial district, and because the defendants Anheuser-Busch Companies, Inc., were subject to personal jurisdiction in this judicial district at the time of the commencement of this action.
III.
FACTUAL BACKGROUND
Justin King suffered severe head trauma and facial injuries, in a motor vehicle accident, due to the negligence of Anheuser-Busch Company, Inc.:
5. That on April 8, 2008, King was traveling on his motorcycle south on the 7900 block on Interstate 57, in Ford County, Paxton, Illinois.
6. That Frank Cueller (“Cueller”), self insured truck driver for Anhueser-Busch, was transporting a load of beer cases in the back of his twenty four foot, Straight Trade, 1992 white Nissan truck.
7. That Cueller was traveling behind King and signaled, using his headlights, to allow him to pass King. King moved to the center lane. As Cueller passes King, a load of beer fell onto King’s path.
8. That King, having no other choice, veered into the left lane to avoid the cases of beer and hit the back distributed.
9. That King was transported by ambulance to the emergency room at Paxton Hospital.
10. That King spent two days in the Intensive Care Unit at Paxton Hospital in severe pain in his face. King’s jaw had been wired shut. The doctor in charge of King stated King had nine broken facial bones.
11. That King was a singer and won the National Idol Regional Contest in Chicago last year, three days before the accident happened.
12. That King was offered a three year record contract with MCI Records, valued at $275,000 a year, plus percentage of sales, as a result of winning the contest.
13. That Kings record contract with MCI was cancelled and he was forced to withdraw from the American Idol Contest.
Justin Kings Injuries
14. The plaintiff Justin King, sustained permanent injuries to his face and jaw. Plaintiff was admitted and spent two days in the Intensive Care Unit at Paxton Hospital after the accident.
15. Plaintiff was under severe duress and acute pain, as a result of the accident, in that, while at Paxton Hospital, he tried to loosen the wires from his jaw. The attending physician and nurse had to sedate the plaintiff and handcuff him to the bed.
16. Upon awakening from his sedated state, the plaintiff’s agent and family were in his room. Plaintiff requested that he be transported to another hospital.
17. Plaintiff was transported to Metropolitan Memorial Hospital where he endured several surgeries to reset his jaw. Those surgical attempts have failed, thus far.
18. The left side of the plaintiff’s face remains higher than the right side.
19. Plaintiff suffers further humiliation and mental anguish on account of disfigurement to his face.
20. The plaintiff’s medical bills are currently at $145,000 and it has been estimated by the plaintiff’s current treating physician that the plaintiff will incur over $100,000 more in future medical bills, plastic surgery, and, counseling.
21. Finally, after the plaintiff’s release from Metropolitan Memorial Hospital, plaintiff suffered a severe mental breakdown, and attempted suicide.
22. The plaintiff has been recently released from a psychiatric ward in Kansas City, Missouri, after a year and a half of treatment.
23. The plaintiff is currently on anti-depressants and pain medication as a result of the injuries he has incurred.
IV.
CAUSES OF ACTION
Negligence – Count I
24. At said time and place, defendant’s company driver, with gross negligence and disregard for the safety of others, drove and operated his automobile, owned by Anheuser-Busch Companies, Inc., while transporting goods for the defendant, so as to cause the plaintiff and his automobile to collide with the defendants back distributed, while defendant insisted and proceeded on passing the plaintiff.
25. The defendant’s driver operated the vehicle in a reckless and negligent manner. The defendant breached their legal duty owed to the plaintiff.
26. “The plaintiff was injured as a direct and proximate result of the collision, the same having been directly and proximately caused by the negligent conduct” (Sample: Auto Accident Complaint: Unit 3 Civil Litigation I, n.d.) of the defendant’s driver and by defendant’s driver total reckless disregard and the rights of others.
27. “By reason of said negligence and collision aforesaid, and as a proximate result thereof, plaintiff suffered injuries, consisted of, but not limited to, severe injuries”, (Sample: Auto Accident Complaint: Unit 3 Civil Litigation I, n.d.), facial lacerations, fractured jaw, head trauma, permanent disfigurement; “the injuries thus received by plaintiff have greatly impaired his health, strength, and activity and have thereby caused him great mental and physical pain and suffering, and believes thereon alleges, “that plaintiff sustained serious and permanent injuries, was hospitalized and under continued medical care, and will require continual medical, and will require additional medical treatment and care in the foreseeable future. The plaintiff incurred extensive medical and hospital bills, along with physical therapy costs which he is still incurring”. Linda R. Lyle & G. Howard Doty, Legal Transcription: Initiating a Lawsuit 26-27 (1995).
Negligence Per Se – Count II
28. The defendant Anheuser-Busch, and its driver, Frank Cueller, at the aforesaid time and place, had a duty to comply with all applicable state and federal regulations intended to ensure the safety of other drivers. Further, the defendant’s driver operated his vehicle in violation of 625 ILCS 5/ Illinois Vehicle Code covering the operation of motor vehicles on the streets and roads of the State of Illinois. The following numbered statutes of the State of Illinois. Said statutes are set out in Illinois Vehicle Code Annotated, which are incorporated herein by reference and will be read by their entirety at the trial of this cause of action, said code sections being:
Ill. Code Ann. 625 ILCS 5/ Ch. 6, Art. V. Sec. (6)(A)(1), “Commercial Motor Vehicle Operators”;
Ill. Code Ann. ILCS 5/ Ch. 11, Art. II. “Obedience to and Effect of Traffic laws”;
Ill. Code Ann. ILCS 5/ § 11-705 “Limitations on Overtaking on the Left”;
Ill. Code Ann. ILCS 5/ § 11-709 (a)(b)(c) “Driving on Roadways Laned for Traffic”;
Ill. Code Ann. ILCS 5/ § 11-710 (a)(b) “Following too Closely”; and
Ill. Code Ann. ILCS 5/Ch. 15 Art. I. “Size, Weight, and Load.”
29. The acts of negligence by the defendant, Anheuser-Busch, herein stated were negligent per se in violation of the Illinois statutes and laws governing the operation
of a motor vehicle. Further, the plaintiff would show that they were the direct and proximate cause of damages and injuries to the plaintiff and that the defendant Anheuser-Busch is severely liable to the plaintiff for damages in an amount to be determined at trial.
V.
DAMAGES
30. “The plaintiff has suffered general, special, incidental, and consequential damages the direct and proximate result of the acts and omissions of the defendant, in an amount that shall be fully proven at the time of trial. These damages include, but are not limited to: damages for general pain and suffering; damages for loss of enjoyment of life, both past and future; medical and medical related expenses, both past and future; travel and travel-related expenses, past and future; emotional distress, past and future; pharmaceutical expenses, past and future; and all other ordinary, incidental, or consequential damages that would or could be reasonably anticipated to arise under the circumstances.” Spinach E. Coli Injury Lawsuit, http://files.findlaw.com/news.findlaw.com/cnn/docs/spinach/zientekdole91706cmp.gif. (last visited Apr. 9, 2010)
VI.
JURY DEMAND
The plaintiff hereby demands a jury trial.
VII.
PRAYER FOR RELIEF
WHEREFORE, the plaintiff prays for judgment against the defendant as follows:
A. “Ordering compensator all general, special, incidental, and consequential damages suffered by the plaintiff as a result of the defendants conduct;
B. Awarding plaintiff reasonable attorneys fees and costs, to the fullest extent allowed by law; and
C. Granting all such additional and/or further relief as this court deems just and equitable.” Spinach E. Coli Injury Lawsuit, http://findlaw.com (last visited Apr. 9, 2010).
DATED: August 15, 2009.
Smith & Jones Law Offices
______________________
Robert E. Jones
State Bar No. 123456
William A. Smith
State Bar No. 56789
1111 Alcott Ave, Suite 876
Chicago, Illinois 00989
(898) 564-8796
(898) 564-8795 (Facsimile)
Attorneys for Plaintiff
Sorry, the format came out funky after I copied and pasted from my document files. It doesn't look that wiggly on the original document.
ReplyDelete