IN THE COURT OF COMMON PLEAS OF LUCAS COUNTY, OHIO

PAULA PLAINTIFF, Individually and as Executrix for the Estate of Pete Plaintiff, Deceased, 1234 Erie Street Sylvania, OH 43560

Plaintiff,

v.

) ) ) ) ) ) ) ) ) ) ) ) ) ) )
) ) )

Case No. 2011 EST 1983

JUDGE JACK R. PUFFENBERGER

COMPLAINT FOR NEGLICENCE AND WRONGFUL DEATH WITH JURY DEMAND

DAVID DEFENDANT 9876 Monroe Street Toledo, OH 43606

Defendant

) ) ) ) ) ) ) )

Gary Horn (0016297) Attorney for Plaintiff

Dewey, Cheatham, and Howe Law Office

1796 Indian Wood Circle Maumee, OH 43537 (419) 866-0261

Now comes Plaintiff, Paula Plaintiff, by and through counsel, Gary Horn, and alleges and avers the following:

GENERAL ALLEGATIONS

1. That at all relevant times, Plaintiff, Paula Plaintiff, resided in Lucas County at 1234 Erie Street, Sylvania, OH 43560. 2. That at all relevant times, Defendant, David Defendant, resided in Lucas County at 9876 Monroe Street, Toledo, OH 43606. COUNT I: NEGLIGENCE 3. Ms. Plaintiff incorporates herein the allegations previously stated in Paragraphs 1 2. 4. Ms. Plaintiff further alleges that on June 7, 2011, David Defendant was involved in an argument on his cell phone with his mother while operating his vehicle, a semi-truck. 5. That this argument caused Defendant to be distracted while driving, and as a result of the distraction, stuck the vehicle, a Ford Pinto, of Pete Plaintiff, Deceased, while Pete was stopped at a traffic light at the intersection of Monroe Street and Talmadge Road in Toledo, Ohio, 6. That as a result of this collision, Pete Plaintiff, Deceased, suffered serious injuries to the head and spine as well as numerous broken bones. 7. That Pete Plaintiff, as a result of the collision and the injuries suffered, was transported to Toledo Hospital and remained in the Intensive Care Unit for seven days, until he died.

COUNT II: WRONGFUL DEATH 8. Plaintiff incorporates herein by reference all of the statements and allegations made in Paragraphs 1 through 7, the same if fully rewritten herein. 9. Plaintiff, Paula Plaintiff states that she is duly appointed by the Probate Court of Lucas County in Case No. 2011 EST 1983 as the Executrix for the Estate of Pete Plaintiff who died on June 14, 2011, leaving heirs at law and/or next of kin surviving him, each who had pecuniary interest or other interest in his life, and this action is brought on their behalf under the statutes of

the state of Ohio, including but not limited to O.R.C. 2125.02, for such cases made and provided. 10. At the time of his death, Pete Plaintiff, Deceased, was not provided and/or afforded the opportunity to live a full nad productive life, nor the chance to bond with and/or love his heirs at law and/or next of kin now and in the future, and that by reason of the wrongful death of Pete Plaintiff, the decedents heirs at law and/or surviving nest of kin have suffered mental anguish and emotional distress, a loss of his society and companionship, consortium, and pecuniary losses. 11. At all times relevant hereto, Plaintiff, Paula Plaintiff, Executrix for the Estate of Pete Plaintiff, states that by reason of Decedents wrongful death, the Decedents statutory beneficiaries have been damaged, deprived of his society and companionship, suffered a loss of future services and earnings, love and affection, a loss of future inheritance, severe mental anguish and emotional distress, and have sustained pecuniary losses, including but not limited to medical expenses and funeral expenses.

WHEREFORE, as to Counts I and II, Plaintiff, Mrs. Plaintiff, Executrix for the Estate of Pete Plaintiff, respectfully prays for judgment against Defendant, David Defendant, for an award of damages in a sum of money in excess of Seven Hundred Forty Eight Thousand Dollars, adequate to compensate her for Pete Plaintiff, Deceaseds medical and funeral costs, damaged vehicle, lost future earnings, severe mental anguish and emotional distress, loss of his society and companionship, consortium, attorneys fees, court costs, and such other relief as the Court deems just and equitable.

Respectfully submitted, ___________________________ Gary Horn Attorney for Plaintiff

JURY DEMAND Now comes the Plaintiff and demands a jury on all issues triable by right before a jury. ___________________________ Gary Horn Attorney for Plaintiff