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Draft a settlement letter based on the scenario in the complaint attached below. IN THE SUPERIOR COURT OF BIBB COUNTY STATE OF GEORGIA SAMANTHA MITCHELL,
Draft a settlement letter based on the scenario in the complaint attached below.
IN THE SUPERIOR COURT OF BIBB COUNTY STATE OF GEORGIA SAMANTHA MITCHELL, Plaintiff Civil Action No. JOHN SMITH MACON COCA-COLA BOTTLING CO. UNITED, Defendants. COMPLAINT FOR NEGLIGENCE COMES NOW, SAMANTHA MITCHELL, the Plaintiff in the above-referenced action and bring: her Complaint for Negligence against the Defendants, JOHN SMITH and MACON COCA-COLA BOTTLING CO. UNITED as follows: The Plaintiff is a resident of the State of Georgia, and resides in Bibb County, Georgia. The Defendant is a resident of the State of Georgia. He is expected to acknowledge service of process. Venue and jurisdiction are proper before this Court. 3. On January 3" of 2024. at approximately 7:45 a.m , Plaintiff was travelling southbound on Interstate 75. on the way to drop her two (2) minor children off at school Plaintiff took Exit 170 on Interstate 75, where the then stopped at a red traffic light. 5. While stopped at the red light, she was rear ended by a Macon Coca-Cola Bottle Company United delivery truck, which was operated by Defendant John Smith. 6.Upon the collision, Plaintiff's vehicle was pushed 130 feet into the middle of the intersection Plaintiff's vehicle was then struck on the passenger side by another vehicle travelling east through the intersection 9. As a revolt, Plaintiff and her minor children have suffered physical, emotional, and financial harm. COUNT I - RES IPSA LOQUITUR 10. This is an action for damages that exceed $15,000. 11. The instrument, the vehicle, that caused the Plaintiff's injuries was under the exclusive control of the Defendant 12. This collision is one that would not normally occur without negligence. 13. The Plaintiff was not responsible for and, in fact, did not exercise any control over the instrumentality. 14. Ae a direct and proximate result of the Defendant's negligence, Plaintiff suffered severe and debilitating injuries and property damage. COUNT II- NEGLIGENCE PER SE 1. There was a safety statute in effect at the time of the Plaintiff's injuries. 2. The Defendant violated that safety statute in the following, specific ways: 2. Failed to stop at the red traffic light3. The Defendant's violation of the statute was a proximate cause of the Plaintiff's injuries. The Plaintiff was clearly in the class of persons for whom the statute was created. 5. Defendant's breach of duty was a proximate cause of Plaintiff's injuries and resulting damages. 6. Ae a direct result of Defendant's negligence, Plaintiff has suffered serious injuries, pain and suffering, medical expenses, lost earnings, and loss of future earnings. WHEREFORE, Plaintiff respectfully prays for judgment to the Court for the following: (a) That Plaintiff recovers a judgment against the Defendant for compensatory damages in the amount of $15 060 (b) That Plaintiff recovers the cost of this action, including attorney's fees; (C) For a trial by jury, and For any other relief as the Court may deem just and proper. RESPECTFULLY SUBMITTED, this day of 2024 JOHN H. DOE, LLC John H. Doe, Eeq. Attorney for Plaintiff State Bar No. 111222 3300 Macon Tech Drive Macon, GA 31206 (478) 123-4567Step by Step Solution
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