Complaint

The formatting's way off, and you don't get the pleading paper background here, but otherwise this is a copy of my first Complaint! I got a decent grade on it, so I thought I'd share. It's kind of a neat thing to have actually written one of these, even if some of the langauge is copy-and-pasted in (which we were instructed to do ^_^).

PEPPERDINE ASSOCIATES
Amber L. M. (Bar No. 144206)
1423 Pacific Coast Highway
Malibu, California 90017
(310) 320-2003

Attorneys for Plaintiff

UNITED STATES DISTRICT FOR

THE CENTRAL DISTRICT OF CALIFORNIA

PETER PLANT, an individual,

Plaintiff,

vs.

DANNY DAT, an individual; and, EASY GO CARTS, INC. a corporation; and DOES 1 through 10, inclusive,

Defendants

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Case No.: TBA
Dept: TBA
Judge: TBA


COMPLAINT FOR:
1. NEGLIGENCE
2. STRICT LIABILITY (PRODUCT DEFECT)

Filing Date: September 12, 2004
Trial Date: None set


Plaintiff Peter Plant (“Plaintiff”) hereby complains and alleges as follows:

JURISDICTION AND VENUE

1. This Court has jurisdiction pursuant to 28 United States Code section 1332 as there is complete diversity between the Plaintiff and Defendants and the amount in controversy exceeds the sum of $75,000.00. Venue is likewise proper in this district under 28 United States Code section 1391 because Defendants’ acts of negligence and strict liability complained of herein have occurred and are occurring in this judicial district.

THE PARTIES

2. Plaintiff is a citizen and resident of the State of Florida.

3. Defendant Danny Dat (“Dat”) is a resident of Los Angeles, California.

4. Defendant Easy Go Carts (“Easy Go”) is incorporated in Delaware and thus is a citizen of the State of Delaware.

5. The true names and capacities, whether individual, corporate, partnership, associate or otherwise, of defendants Does 1 through 10 inclusive, and each of them, are unknown to plaintiff who therefore sues them by such fictitious names. Plaintiff will seek leave to amend this Complaint to show the true names and capacities of Does 1 through 10 when he has discovered them. Plaintiff alleges that, at all times mentioned herein, all of the defendants acted or participated in some manner in the acts alleged herein, and in some way caused and are responsible for plaintiff's damages. All references to the named defendant shall include, without limitation, Does 1 through 10 inclusive.

STATEMENT OF FACTS

6. Plaintiff is a sophomore at the University of Florida on a basketball scholarship. He grew up in Miami, where he has lived his entire life.

7. Dat is a retiree who lives in Los Angeles and often goes to Disneyland with his grandchildren.

8. On July 1, 2009, Plaintiff flew to Los Angeles with some of his friends to go to Disneyland.

9. While at Disneyland, during the fireworks show, which started at 10:00 p.m., Dat ran into Plaintiff with a golf cart at which time Plaintiff saw that Dat was so engrossed in watching the fireworks show that he was not looking at where he was driving.

10. The cart Dat was driving was a 2009 RXZ Golf Cart made by Easy Go Carts Inc, which he had rented from Disneyland for the day.

11. In a report taken by a Disneyland security officer it was noted that Dat’s golf cart seems to have malfunctioned because the accelerator pedal was stuck.

12. The security officer also attached a copy of a letter dated August 1, 2009, to his incident report. The letter was from Easy Go to Disneyland, in which Easy Go notified Disneyland that there was a problem with the design of the 2009 RXZ Golf Cart’s brake and gas pedals. Testing showed that unless the pedals were greased during the monthly maintenance check, the pedals would stick.

13. Because of the accident, Plant suffered severe damage to his left foot. The damage was so extensive that three of his toes had to be amputated. His doctor bills to date total $85,000; however, Plant will have many more follow-up visits to his doctor. Plant fears that he may not be able to play basketball anymore, and that he might lose his scholarship. I believe that Plant has a claim of negligence against Dat.

COUNT 1

(Negligence: Against Danny Dat)

14. Plaintiff incorporates herein by reference paragraphs 1 through 13 of this Complaint.

15. Dat had an affirmative duty to Plaintiff to use care in the operation of a motor vehicle in the presence of pedestrians.

16. Dat breached this duty of care owed to Plaintiff, and was negligent, in at least the following ways:

(a) Failing to ensure before driving that his vehicle was fully operational

(b) Failing to take note of his surroundings and the pedestrians in his immediate vicinity and allowing himself to become distracted by the nearby fireworks display.

17. Defendants’ negligence was the legal and proximate cause of Plaintiff’s damages but Plaintiff is presently unaware of the full extent of those damages. Plaintiff will seek leave to amend this Complaint when the full extent of its damages are ascertained.

COUNT 2

(Strict Liability (Product Defect): Against Easy Go Carts and Does 1-10)

18. Plaintiff incorporates herein by reference paragraphs 1 through 13 of this Complaint.

19. The cart driven by Dat in this incident was a 2009 RXZ Golf Cart, which is made by Easy Go Carts Inc.

20. Golf carts are intended for use as a method of transportation at golf courses due to their large size and the subsequent amount of required walking. Disneyland, like a golf course, is large in size and requires a lot of walking. Disneyland purchased such carts from Easy Go for the purpose of providing, for a fee, an alternative method of transportation within the park for guests who wished to take advantage of that option. This was the purpose for which it was being used at the time of the incident by Dat, a retiree.

21. Easy Go sent a letter dated August 1, 2009, to Disneyland, in which Easy Go notified Disneyland that there was a problem with the design of the 2009 RXZ Golf Cart’s brake and gas pedals. Testing showed that unless the pedals were greased during the monthly maintenance check, the pedals would stick.

22. Due to the defective design of the 2009 RXZ Golf Cart’s pedals, the gas pedal of the cart driven by Dat on July 1, 2009 stuck while he was driving it, preventing him from taking corrective measures once he realized the imminent danger of collision.

23. Plaintiff has been damaged by Easy Go’s defective design and has strict liability for those damages in an amount to be proven at trial.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Peter Plant prays that judgment be entered against the named defendants as follows:

For the First Count

1. For compensatory damages in an amount of $85,000 plus the cost of any follow-up visits to his physician and pre- and post prejudgment interest pursuant to Civil Code Section 3291.

For the Second Count

2. For damages according to proof at trial but no less than the jurisdictional minimum of this Court; and

3. For punitive damages.

For all Causes of Action

4. For attorneys’ fees and costs of suit incurred herein; and

5. For such other and further relief as the Court deems just and proper.

DATED: September 13, 2009

Pepperdine Associates
By: Amber M.
Attorneys for Plaintiff