IN THE STATE COURT OF BIBB COUNTY STATE OF by btz89935

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									                     IN THE STATE COURT OF BIBB COUNTY
                              STATE OF GEORGIA

LINDA A. HEWLETT,               :
                                :
           Plaintiff,           :
                                :
vs.                             :                  CIVIL ACTION NO. ____________
                                :
PAMELA ANN PETERSEN and         :
LAURA WHITNEY DAVIDSON,         :
                                :
           Defendants.          :
_______________________________ :

                            COMPLAINT FOR DAMAGES

       Linda A. Hewlett, for her Complaint against Pamela Ann Petersen and Laura

Whitney Davidson, alleges and states as follows:

                       PARTIES, JURISDICTION AND VENUE

                                            1.

       Defendant Pamela Ann Petersen (hereinafter referred to as “Defendant

Petersen”) is a resident of Bibb County, Georgia. Defendant Petersen is subject to

the jurisdiction of this Court by virtue of the facts alleged herein.

                                            2.

       Defendant Laura Whitney Davidson (hereinafter referred to as “Defendant

Davidson”) is a resident the State of Alabama and is subject to the jurisdiction of

this Court by virtue of facts alleged herein pursuant to O.C.G.A. § 40-12-3 (Georgia

Non-Resident Motorist Act) and O.C.G.A. § 9-10-91 (Georgia Long-Arm Statute).

                                            3.

       Pursuant to the allegations herein, venue is proper in this Court.
                             FACTUAL BACKGROUND

                                          4.

       On February 9, 2005 at approximately 8:20 p.m., Ms. Hewlett was a

passenger in a 1998 Ford Mustang driven by Defendant Davidson that was

traveling west on Forsyth Road near Bruster’s Real Ice Cream located at 4450

Forsyth Road, Macon, Georgia. At or about the same time, Defendant Petersen

was driving a 1995 Buick Park Avenue east on Forsyth Road near Bruster’s Real

Ice Cream. Additionally, Tracie Harris was stopped at the entrance/exit of the

Bruster’s Real Ice Cream parking lot in her 2004 Chevrolet Tahoe.

                                          5.

       Defendant Davidson then moved her vehicle into the center turning lane, and

made a left turn in an attempt to enter the Bruster’s Real Ice Cream parking lot.

Immediately after turning, but prior to entering the parking lot, Defendant

Davidson’s vehicle was struck on the passenger’s side by Defendant Petersen’s

vehicle. As a result of the first impact, Defendant Davidson’s vehicle spun

approximately ninety degrees and the rear driver’s side struck the front of Tracie

Harris’ vehicle. The second point of impact was at the rear driver’s side door where

Ms. Hewlett was seated.

                                          6.

       Defendant Davidson has alleged that Defendant Petersen was driving her

vehicle after dark without headlights. Defendant Petersen has alleged that

Defendant Davidson was driving her vehicle after dark without headlights.




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                                          7.

       At the time of the February 9, 2005 accident, Defendants were driving

negligently.

                                          8.

       As a direct and proximate result of Defendants’ conduct, Ms. Hewlett

suffered serious and painful injuries.

                                          9.

       As a result of her injuries, Ms. Hewlett has incurred substantial medical

expense, and will continue to incur medical expenses for an indeterminate time into

the future.

                                         10.

       As a further result of her injuries, Ms. Hewlett has suffered severe physical

pain and suffering. This physical pain and suffering will continue for an

indeterminate time into the future.

                                         11.

       As a further result of her injuries, Ms. Hewlett has suffered mental pain and

suffering. This mental pain and suffering will continue for an indeterminate time into

the future.

                   CLAIMS AGAINST DEFENDANT PETERSEN

                                         12.

       The allegations of paragraphs 1 through 11 are incorporated herein.

                                         13.

       Defendant Petersen was negligent in at least the following respects:




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      (a)    According to Defendant Davidson, she failed to use headlights after

             sunset; and

      (b)    She failed to use ordinary care.

                                        14.

      Because Defendant Petersen violated certain laws of this state, Defendant

Petersen was negligent per se.

                                        15.

      Defendant Petersen’s negligence was the proximate cause of Ms. Hewlett’s

injuries and damages.

                  CLAIMS AGAINST DEFENDANT DAVIDSON

                                        16.

      The allegations of paragraphs 1 through 15 are incorporated herein.

                                        17.

      Defendant Davidson was negligent in at least the following respects:

      (a)   According to Defendant Petersen, she failed to use headlights after

            sunset;

      (b)   She failed to yield to oncoming traffic; and

      (c)   She failed to use ordinary care.

                                        18.

      Because Defendant Davidson violated certain laws of this state, Defendant

Davidson was negligent per se.




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                                         19.

      Defendant Davidson’s negligence was the proximate cause of Ms. Hewlett’s

injuries and damages.

                                         20.

      Defendants are jointly and severally liable for Ms. Hewlett’s injuries and

damages.

      WHEREFORE, Ms. Hewlett prays for judgment as follows:

      (a)    That she recover an amount sufficient to compensate her for her past

             and future medical expenses;

      (b)    That she recover an amount sufficient to compensate her for her past,

             present, and future physical pain and suffering;

      (c)    That she recover an amount sufficient to compensate her for her past,

             present, and future mental pain and suffering;

      (d)    That she have a jury trial on all issues so triable;

      (e)    That she recover the costs of this action; and

      (f)    That she recover such other and further relief as this Court deems

             just.

      This ____ day of February, 2006.


                                          __________________________________
                                          MARC T. TREADWELL
                                          Georgia Bar No. 716239

                                    __________________________________
                                    CAROLINE W. HERRINGTON
                                    Georgia Bar No. 153008
ADAMS, JORDAN & TREADWELL, P.C.
Suite 1250, Fickling & Co. Building
577 Mulberry Street
P.O. Box 928
Macon, GA 31202
(478) 743-2159
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