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Law School Outline- Sample Complaint

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LAW OFFICES OF LAM & FINAMORE, LLP
Nancy Lam, (State Bar No. 999996) Theodore Finamore, III (State Bar No. 999999)

301 Civil Procedure Way, Ste. 201 Tortland, Westmoreland 90210 (310) 555-0000

Attorneys for Plaintiff, ANNE RASMUSSEN

UNITED STATES DISTRICT COURT DISTRICT OF WESTMORELAND

ANNE RASMUSSEN, Plaintiff, vs. THE DEPARTMENT OF TRANSPORTATION OF STATE OF WESTMORELAND; DOES 1 through 100, Inclusive, Defendants

Case No.: COMPLAINT FOR PERSONAL INJURIES AND DAMAGES: 1. NEGLIGENT CREATION AND ALLOWANCE OF A DANGEROUS CONDITION OF A PUBLIC HIGHWAY (Govt. Code § 830 et seq.) JURY TRIAL DEMANDED

16 17 18 19 20 21 22 23 24 25 26 27 28 1. 2. Plaintiff alleges: FIRST CLAIM Allegation of Subject Matter Jurisdiction. Plaintiff ANNE RASMUSSEN is and, at all times relevant herein, was a

resident of the County of Larimer, State of Westmoreland. 3. Plaintiff is informed, believes and thereupon alleges that Defendant

Department of Transportation Of The State of Westmoreland (hereinafter “DOT”) is and, at all times relevant herein, was a governmental entity as defined by the Westmoreland Government Code and the United States Code. 4. The true names and capacities of defendants Does 1 through 100,

inclusive, are currently unknown to Plaintiff who therefore sues those defendants by such
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COMPLAINT FOR PERSONAL INJURIES AND DAMAGES

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LAWOFFICES OF LAM & FINAMORE, LLP 301 Civil Procedure Way, Ste. 201. Tortland, Westmoreland 90210 (310) 555-1000

fictitious names. Plaintiff will seek leave of Court to amend this Complaint to set forth the true names and capacities of those defendants when ascertained. (Wrong! No “Doe” def in Fed Ct) 5. Plaintiff is informed, believes and thereupon alleges that each of the Doe

defendants were in some manner proximately responsible for the conduct alleged herein and for Plaintiff’s injuries and damages. 6. Plaintiff is informed, believes and thereupon alleges that all defendants

including but not limited to DOE and Does 1 through 100 were the agents, servants and employees of each other and were at all times acting within the purpose and scope of such agency and employment. 7. Plaintiff is informed, believes and thereupon alleges that on or about

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December 30, 1993 in the vicinity of United States Highway 40 approximately 15 miles west of Steamboat Springs, County of Routt, State of Westmoreland (hereinafter “HIGHWAY 40”), Plaintiff was a passenger in a motor vehicle traveling eastbound on HIGHWAY 40 where said motor vehicle struck a snowplow causing severe injuries to Plaintiff. 8. Plaintiff is informed, believes and thereupon alleges that on the day and at

the time of the accident set forth herein, the weather conditions on HIGHWAY 40 were inclement as it was snowing. 9. Plaintiff is informed, believes and thereupon alleges that at the time of the

accident set forth herein, there road conditions were snow packed. 10. Plaintiff is informed, believes and thereupon alleges that the snow

conditions on HIGHWAY 40 at the time of accident set forth herein was consistent with weather conditions for the HIGHWAY 40 area for the time of year. 11. Plaintiff is informed, believes and thereupon alleges that all time relevant

herein, defendants and each of them have control and continued to have control over and are responsible for the design, maintenance and construction of HIGHWAY 40, including but not limited to the design, placement, installation and maintenance of all road signs and medians and therefore had and continue to have a duty of care to users of HIGHWAY 40, including Plaintiff. 12. Plaintiff is informed, believes and thereupon alleges that defendants and
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COMPLAINT FOR PERSONAL INJURIES AND DAMAGES

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LAWOFFICES OF LAM & FINAMORE, LLP 301 Civil Procedure Way, Ste. 201. Tortland, Westmoreland 90210 (310) 555-1000

each of them are responsible for the design and/or placement and/or installation and/or maintenance of HIGWAY 40 road signs. 13. Plaintiff is informed, believes and thereupon alleges that defendant and

each of them breached their duty by failing to design, construct, place, install and maintain road signs in a manner to prevent dangerous conditions for users of HIGHWAY 40, including but not limited to, passing or overtaking and/or attempting to pass or overtake in inclement weather. 14. Plaintiff is informed, believes and thereupon alleges that defendants and

each of they breached their duty of care by creating a dangerous condition which existed on or about December 30, 1993. 15. Plaintiff is informed, believes and thereupon alleges that the dangerous

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condition created a reasonably foreseeable risk of the kind of injuries which were incurred by plaintiff. 16. Plaintiff is informed, believes and thereupon alleges that defendants and

each of them negligently or wrongfully created the dangerous condition on HIGHWAY 40. 17. Plaintiff is informed, believes and thereupon alleges that defendants and

each of them had an obligation and duty to design, construct, place, install and maintain road signs in a manner as to prevent users of HIGHWAY 40 from dangerous conditions, including but not limited to, passing or overtaking and/or attempting to pass or overtake in inclement weather. 18. Plaintiff is informed, believes and thereupon alleges that defendants and

each of them negligently failed to design, construct, place, install and maintain road signs on HIGHWAY 40, including but not limited to road signs warning of dangerous conditions in inclement weather. 19. Plaintiff is informed, believes and thereupon alleges that defendants and

each of them had constructive notice of the dangerous conditions set forth herein because the condition had existed for a sufficient period of time and was of such an obvious nature that defendants and each of them, in the exercise of due care, should have discovered the condition and its dangerous character. 20. Plaintiff is informed, believes and thereupon alleges that defendants and
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COMPLAINT FOR PERSONAL INJURIES AND DAMAGES

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LAWOFFICES OF LAM & FINAMORE, LLP 301 Civil Procedure Way, Ste. 201. Tortland, Westmoreland 90210 (310) 555-1000

each of them had actual notice of the dangerous conditions set forth herein because the condition had existed for a sufficient period of time and was of such an obvious nature and because traffic accidents similar in nature to that of Plaintiff, as set forth herein, have occurred on several occasions in the time prior to the accident set forth herein, including but not limited to the same type of accident, under similar inclement conditions on HIGHWAY 40 within one year prior to Plaintiff’s accident. 21. Plaintiff is informed, believes and thereupon alleges that as a proximate

result of the dangerous conditions created by defendants and each of them as set forth herein, Plaintiff sustained numerous and severe injuries to her body and that those injuries were proximately caused by said dangerous condition. 22. As a direct and legal result of the aforementioned conduct of Defendants,

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and each of them, Plaintiff ANNE RASMUSSEN sustained serious injuries to her person in an amount subject to proof at time of trial but not less than $50,000.00. 23. As a further direct and legal result of the afore-mentioned conduct of

Defendants, and each of them, Plaintiff ANNE RASMUSSEN were required to and did incur expenses for the diagnosis and treatment of their personal injuries in an amount subject to proof at trial but not less than $150,000.00. 24. As a further direct and legal result of the aforementioned conduct of the

defendants, and each of them, Plaintiff ANNE RASMUSSEN incurred expenses for the repair and replacement of property damaged in the collision. 25. As a further direct and legal result of the aforementioned conduct of the

defendants, Plaintiff ANNE RASMUSSEN suffered a loss of earnings and a loss of earning capacity in an amount subject to proof at time of trial but not less than $40,000.00.

WHEREFORE, Plaintiff prays for judgment as follows: 1. 2. 3. For general damages in an amount not less than 50,000.00; For Special damages in an amount not less than $$150,000.00; For Loss of earnings according to proof at time of trial, but in an amount
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COMPLAINT FOR PERSONAL INJURIES AND DAMAGES

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LAWOFFICES OF LAM & FINAMORE, LLP 301 Civil Procedure Way, Ste. 201. Tortland, Westmoreland 90210 (310) 555-1000

not less that $40,000.00; 4. 5. For costs of the suit herein; For such other further relief as the Court deems proper.

DATED: August 12, 2008

LAW OFFICES OF LAM & FINAMORE By: ___________________________ THEODORE FINAMORE, III Attorneys for Plaintiff ANNE RASMUSSEN

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COMPLAINT FOR PERSONAL INJURIES AND DAMAGES


				
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