Tort Law for Paralegals - Proximate Cause Chapter 7

Draft a Complaint: June v Randy Reckless

Draft a complaint based on these facts and pay particular attention to your allegation of proximate cause. How do you allege proximate cause under these facts?

1. June is driving home on January 10 of this year and comes to stop at a red light at an intersection in the Town of Lucy, Barnes County, State of Placid. She is on State Street. The intersection road is called Dellinger Boulevard. As she waits for the light to turn green, a 2002 Ford Explorer SUV driven by Randy Reckless approaches from the east on Dellinger Boulevard and runs the red light. June, who sees the light in her direction has turned green, begins to accelerate and reaches the intersection just as Randy Reckless runs the red light. Randy's vehicle slams into June's car on the driver's side. June is pinned inside the car, and it takes over two hours to get her out. When the local fire department frees her, the discover that June has numerous broken bones and internal injuries. Police cite Randy for failing to stop at the red light, failure to yield, and reckless driving.

Here is an excerpt from a complaint filed in real case.

http://lega Forms and Court Documer Ther tiff's Here is an excerpt from a complaint filed in a real case (although the names doct the parties have been changed). Notice how the language in paragraph 9 set com Thinisla s.noallge out proximate cause. daildelas Tha plan STATE OF PLACID Loiben IN THE SUPERIOR COURT RousIs FILE NUMBER: Ro COUNTY OF BARNES ANSWER Jane Smith, sdi no longbe Plaintiff Th snivel and yd bearsbin zone /out in saob shy in VS. west and uo rioinigo on bed s bed bath John Doe, Martha Doe, lara Defendants. The plaintiff, Jane Smith, complaining of the defendants, alleges and says the following: mi last thesb 1. AwsHIM beaues deledong enis That plaintiff Jane Smith is a citizen and resident of Barnes County, Placid. ogona Yoomeal inisnoup ill zoned That, upon information and belief, defendant Martha Doe (hereinafter "defendant driver") is a citizen and resident of Barnes County, Placid. to shop aunT ".bevermir sad blirow levin blow 3. DIWBH That, upon information and belief, defendant John Doe (hereinafter "defen- dant owner") is a citizen and resident of Barnes County, Placid. a. Further, upon information and belief, defendant owner was the regis- tered owner of the vehicle involved in the collision at issue in this case, said vehicle being a 2009 Ford, license plate number FAB 9925. b. That, at all times mentioned herein and upon information and belief, defendant driver was operating and using the aforementioned vehicle with the authority, consent, permission, and knowledge of defendanthapter 7 Proximate Cause owner, and defendant's driver's operation and use of the vehicle was under the direction and control of defendant owner. 250 rche furthermore, at all times mentioned herein and upon information and " belief, defendant driver was a member of the family or household of defendant owner and was living in such person's home; that the vehicle driven by defendant driver was owned, provided, and maintained for the general use, pleasure, and convenience of the family; and that the vehi owner . le was being so used with the express or implied consent of defendant Therefore, any negligence on the part of defendant driver in causing plain- doctrine. iff's injuries should be imputed to defendant owner under the family purpose iS of sets That, on or about the 19th day of October 2017, at approximately 9:40 A.M., plaintiff was operating a motor vehicle traveling North on Union Street in Rock Pleasant, Barnes County, Placid. bowolls as fastofmi all 5 . lost to equent lle no berted land mines tart That, at the same time and place, defendant driver was operating the afore- mentioned 2009 Ford motor vehicle and was traveling South on Brown Drive in Barnes County, Placid. 6. That defendant driver entered plaintiff's lane of travel, thereby causing a col- lision with plaintiff's vehicle. 7. That defendant driver admitted at the scene that she did not see plaintiff's vehicle before pulling out into the intersection. 8. That defendant driver was negligent in that she: a. While operating a motor vehicle on the public streets and highways, failed to keep a reasonable and proper outlook in plaintiff's direction of travel. b. Failed to maintain the vehicle that she was operating and drove the vehi- cle in such a manner so as to deprive the defendant of such control over the vehicle as a reasonable and prudent person would maintain under all the circumstances then existing. C. Drove a motor vehicle upon the public streets and highways at a speed greater than was reasonable and prudent under the conditions then exist- ing in violation of P.G.S. 20-141(a). d. Drove her vehicle at a speed greater than that which was posted for the particular street or highway upon which said automobile was being oper- ated in violation of P.G.S. 20-141 ( b ) . e. Failed to yield the right of way to the plaintiff's automobile, which was lawfully proceeding in a straight line of travel. Hon edor to rawChapter7 9 . 260 That, as a direct and proximate cause of the negligent conduct of the defend driver, plaintiff was seriously injured, causing her great pain and suffering, mill ical expenses, lost wages, physical and mental anguish, and permanent injuries that, as a direct and proximate result of the aforementioned negligence defendant driver, plaintiff has sustained damage to her person in an amount excess of Ten Thousand Dollars ($10,000.00), representing damage to plain ull's person, medical bills, pain and suffering, lost wages, mental anguish, permanent injuries. WHEREFORE, plaintiff demands judgment against the defendants a follows: 1. That plaintiff have and recover of defendants, jointly and severally, a sum in excess of Ten Thousand Dollars ($10,000.00) for compensatory dam. ages, plus interest as allowed by law, including prejudgment interest. 2. That a jury trial be had on all issues of fact. 3. That the costs of this action be taxed against the defendants, including area sonable attorney's fee for plaintiffs' attorneys as provided by P.G.S. 6-21.1. 4. For such other, further, and different relief as the Court deems just, re- sonable and proper. This the day of 20 Attorney for Plaintiff Key Terms Foreseeability Intervening cause saidProximate causation Poorda Sitdug aSuperseding cause