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DeAnna Douglas

Week 4 Assignment 4.1


LGA4000XA
2 hour 46 minutes

STATE OF COLUMBIA
CAPITOL COUNTY
ANN FORRESTER,
Plaintiff,
v.
RICHARD HART and
MERCURY PARCEL SERVICE, INC.,
Defendants,

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IN THE COUT OF COMMON PLEAS


FIFTEENTH JUDICIAL CIRCUIT
CASE NO.: 15-CP-26

COMPLAINT
(Negligence and Loss of Consortium)

The Plaintiff, complaining of the Defendant herein, would show and allege unto this
Honorable Court as follows:
1. Plaintiff is a citizen and resident of the State of Columbia, County of Capital.
2. The defendant Richard Hart is, upon information and belief, a driver for Mercury Parcel service Inc.,
licensed to deliver goods in the State of Columbia.
3. The Defendant Mercury Parcel Service Inc., is a limited liability company organized and doing
business in one of the states of the United States of America and does business in Capital County
Columbia.
4. The court has jurisdiction over the parties and subject matter over this litigation to conduct jury
trial pursuant to the Columbia Rules 193.(b) among the parties.
5. At all times herein, Defendant Richard Hart was acting as the agent, servant, and employee of
Mercury Parcel Service Inc., in distribution concerning the delivery of goods and contracted
through expressed and implied authority.
6. On or about February 26, 20--, Ann Forrester was going to her mailbox and putting a letter in the
mailbox when the Defendant Richard Hart saw miss Forrester and applied his brakes on the icy

DeAnna Douglas
Week 4 Assignment 4.1
LGA4000XA
2 hour 46 minutes

road way. Mr. Hart then stuck Mrs. Forrester and then hit a tree. The Plaintiff is seeking relief for
$75,000 in damages plus hospital bills totaling $45,000.

FOR FIRST CLAIM


(NEGILGENCE)
7. The allegations of Paragraph Nos. 1 through 6 are incorporated as if fully set forth herein by
reference.
8. The Defendant was negligent when he did not use due care in operating his service van on the
icy road on February 26, 20--.
9. The Defendant has a duty of care to control his motor vehicle and did not do so under the
circumstances of driving too fast for conditions.
10. The Defendant breached the duty of care when speeding and then slamming on the brakes on the
icy roadway.
11. .The Defendant was speeding at the time of the incident.
12. The Defendant was under the influence of alcohol at the time of the incident.
13. The Defendant is responsible for the Plaintiffs injuries under the tort of negligence.
FOR SECOND CLAIM
LOSS OF CONSORTUIM
14. The allegations of Paragraph Nos. 1 through 13 are incorporated as if fully set forth herein
reference.
15. The Plaintiff has not been able to show affection to her husband due to the injuries sustained
from the incident.
16. The Plaintiff states she is in a lot of pain and will be affected by her injuries for a long-term and
lifetime.

DeAnna Douglas
Week 4 Assignment 4.1
LGA4000XA
2 hour 46 minutes

17. Plaintiff is seeking relief for the damages due to the incident involving the Plaintiff and Mercury
Parcel Service Inc., in the amount of $75,000 in damages and $45,000 in medical bills as well as
attorneys fees.
18. Plaintiff alleges that Mercury Parcel Service Inc., is also responsible for the damages the plaintiff
endured do to failure to maintain the van driven by the Defendant.
WHEREFORE, having fully pled this Complaint, the Plaintiff prays for relief requested herein and
for such other future relief as this court may deem just and proper.

Arthur White
White, Wilson & McDuff
Attorneys at Law
Federal Plaza Building
Suite 700
Third and Market Streets
Legalville, Columbia 00000
(111) 555-0000

DeAnna Douglas
Week 4 Assignment 4.1
LGA4000XA
2 hour 46 minutes

STATE OF COLUMBIA
CAPITOL COUNTY
ANN FORRESTER,
Plaintiff,
v.
RICHARD HART and
MERCURY PARCEL SERVICE, INC.,
Defendants,
Notice

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IN THE COUT OF COMMON PLEAS


FIFTEENTH JUDICIAL CIRCUIT
CASE NO.: 15-CP
NOTICE OF
COMPLAINT
(Negligence and Loss of Consortium)