Civil Complaint filed

Cal. Super. - 5th Dist.July 1, 2021

E-FILED 7/1/2021 2:58 PM Superior Court of California County of Fresno By: A. Ramos, Deputy 21CECG01918 PLD-Pl-001 ATTORNEY OR PARTY WITHOUT ATTORNEWName, Stale Barnumber, andaddress): FOR COURT USE ONLY- Joel D. Winter 258680 The Winter Law Group 1060 Fulton St., Ste. 812 Fresno, CA 93721 TELEPHONE No.: (559) 71 7-4977 FAX No.(0puonal).- (559) 717-4977 E.MAIL Aonaess (optional),- joelwinter@inj uryIawfresn0.com ATTORNEY FOR (Name): Plaintff Donald Horn SUPERIOR COURT OF CALIFORNIA, COUNTY OF Fresno STREET ADDRESS: 1130 O Street MAeLaNG ADDRESS: cn‘Y AND ZIP cone: Fresno, CA 93721 BRANCH NAME: BF. Sisk Courthouse PLAINTIFF: Donald Horn DEFENDANT: Donald Lockwood, Tommy's Water Truck Service Inc. and m DOES 1 To 100 COMPLAINT-Personal Injury, Property Damage, Wrongful DeathD AMENDED (Number): Type (check all that apply):m MOTOR VEHICLE m OTHER (specify): Negligencem Property Damage D Wrongful Deathm Personal Injury D Other Damages (specify): Jurisdiction (check all that apply): CASE NUMBER:D ACTION IS A LIMITED CIVIL CASE Amount demanded D does not exceed $10,000D exceeds $1 0,000, but does not exceed $25,000D ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)D ACTION IS RECLASSIFIED by this amended complaintD from limited Io unlimitedD from unlimited to limited 1. Plaintiff (name or names): Donald Horn alleges causes of action againstdefendant (name or names): Donald Lockwood, Tommy's Water Truck Service Inc. and Does 1-100 2. This pleading, including attachments and exhibits, consists ofthe following number of pages: é 3, Each plaintiff named above is a competent adult a. D except plaintiff (name): (1) D a corporation qualified to do business in California (2) D an unincorporated entity (describe): (3) D a public entity (describe).- (4) D a minor D an adult (a) D for whom a guardian or conservator of the estate or a guardian ad [item has been appointed (b) D other (specify): (5) D other (specify): b. D except plaintiff (name): (1) D a corporation qualified to do business in California (2) D an unincorporated entity (describe): (3) CI a pubfic entity (describe): (4) D a minor D an adult (a) D for whom a guardian or conservator of the estate or a guardian ad litem has been appointed (b) D other (specify): (5) D other(specify): D Information about additional plaintiffs who are not competent adults is shown in Attachment 3. P 1 ,3age o - ' C d fol 'IP d , 42542 Essentia] COMPLAINT Personal Injury, Property o ea VI wmafijomgov EF-‘ers‘ Damage! wmngf‘” Death Horn v. Lockwood, et al Form Approved for Optional Use Judicial Council o! California CFB‘ PLD-Pi-om (Rev. January 1, 2007} tabla)". PLD-Pl-001 SHORT TITLE: Horn v. Lockwood, et a1 CASE NUMBER: 4. D Plaintiff (name).- is doing business under the fictitious name (specify): and has complied with the fictitious business name laws. 5. Each defendant named above is a natural person a. m except defendant (name): Tommy's Water Truck Service, Inc (1) D a business organization, form unknown (2) m acorporation (3) D an unincorporated entity (describe): (4) D a public entity (describe).- (5) D other (specify): b. m except defendantmame): Does 1-100 (1) D a business organization, form unknown (2) D a corporation (3) D an unincorporated entity (describe): (4) D a public entity (describe): (5) m other (specify): Unknown c. D except defendant(name): (1) D a business organization, form unknown (2) D a corporation (3) D an unincorporated entity (describe): (4) D a public entity (describe): (5) D other (specify): d. D except defendant (name): (1) a a business organization, form unknown (2) D a corporation (3) D an unincorporated entity (describe): (4) D a public entity (describe): (5) D other (specify): D Information about additional defendants who are not natural persons is contained in Attachment 5. 6. The true names of defendants sued as Does are unknown to plaintiff. a. m Doe defendants (specify Doe numbers): 1-50 were the agents or employees of other named defendants and acted within the scope ofthat agency or employment. b. m Doe defendants (specify Doe numbers): 51 -1 00 are persons whose capacities are unknown to plaintiff. 7. D Defendants who are joined under Code of Civil Procedure section 382 are (names): 8. This court is the proper court because a. m at least one defendant now resides in its jurisdictional area. b. m the principal place of business of a defendant corporation or unincorporated association is in its jurisdictional area. c. m injury to person or damage to personal property occurred in its jurisdictional area. d . D other (specify): 9. D Plaintiff is required to comply with a claims statute, and a. D has complied with applicable claims statutes, or b. D is excused from complying because (specify): PLD'P"°°1 [ReV-Januam-ZWI COMPLAINT-Personal Injury, Property Pagezora (gag 55$! Damage’ wrongfm Death Horn v. Lockwood, et a1 PLD-PI-001 SHORT TITLE: CASE NUMBER: Horn v. Lockwood, et al 10. The following causes of action are attached and the statements above apply to each (each complaint must have one 0r more causes of action attached):m Motor Vehiclem General NegligenceD Intentional TortD Products LiabilityD Premises LiabilityD Other (specify) : rwbglsvsrsn 11. Plaintiff has sufferedD wage lossm loss of use of propertym hospital and medical expensesm general damagem property damageD loss of earning capacityD other damage (specify) : «Prwbpsvsrsv 12. a The damages claimed for wrongful death and the relationships of plaintiff to the deceased are a. D listed in Attachment 12. b. CI as follows: 13. The relief sought in this complaint is within the jurisdiction of this court. 14. Plaintiff prays forjudgment for costs of suit; for such relief as is fair, just, and equitable; and for a. (1) m compensatory damages (2) CI punitive damages The amount of damages is (in cases for personal injwy or wrongful death, you must check (1)): (1) m according to proof (2) D in the amount of: $ 15. D The paragraphs of this complaint alleged on information and belief are as follows (specify paragraph numbers): Date; 6/29/2021 4Joel D. Winter ’ r0 (TYPE 0R PRINT NAME) / /’?S£NATURWNTIFF 0R ATTORNEY) \\mmm {Rev.January1,2oon COMPLAINT-PersonaWury, Property pageam ~ r. ~ ' Dama e Wron Death gblig, LEEJS%! g ’ g Horn V. Lockwood, et a1 PLD-PI-om (2) SHORT TITLE: CASE NUMBER: Horn v. Lockwood SECOND CAUSE OF ACTION- General Negligence Page 5 (number) ATTACHMENT TO m Complaint a Cross~Comp|aint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name) : Donald Horn alleges that defendant (name): Donald Lockwood and m Does 1- to 101]- was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): 7/3/2019 at (place): Intersection 0f West Shields and North Weber Avenues, Fresno, CA (description of reasons for liability) : At ap roximatel 1:30 in the afternoon on Jul 3, 2019, Plaintiff was 0n his way home t0 Health Care enter 0f resno where he lives. Plaintif is wheelchair bound due t0 a stroke suffered several years before. j 7 Plaintiff was moving southeast along North Weber Avenue 0n the east sidewalk as he a proached the intersection with West Shields Avenue. West Shields terminates at North eber Avenue as the railyard to the west is impassable. There is n0 walkway 0n the West side .0 0f N Weber Ave. N Weber Avenue directionally follows alongside the railroad and Hi hway 99, V which are all laid out northwest to southeast, whereas W Shields Ave comes directly rom the easthw Shields intersects N Weber at an obtuse angle t0 the north and an acute angle to the sout . b0 ,S‘s‘of/ué I Plaintiff Horn noticed construction ahead. A "semi ruck" wasparked'in the street at the intersection with engine runnin with a man standi g 0n the running board apparently ta 1n to the driver. Plaintiff entered the Intersection. The ma on the running board then got off, nd t is man saw Plaintiff as he was walking awa¥ Defenda t Donald Lockwood, Who was dri 'n the "semi-truck" ulled forward and struck laintiff‘s and wheelchair with the gri 0f t e truck. Plainti was knocked unconscious and thrown t0 the asphalt. Plaintiff woke p feeling the asphalt burning him in several places including on his exposed face and arms. He e driver aning, "g didn t see him, I didn't see him". The wheelchair, which was only one year 01d, was estroye . All defendants, including driver Donald Lockwood owe a duty 0f care when using the roadways t0 use the roads safely and warn of dangers during construction. Defendant Lockwood, Tommy's Water Rentals Inc. and Does, corporate or otherwise, breached their duty 0f care by crashing a semi truck into a pedestrian who was in the intersection, not warning 0f dangers, and not securing workplace t0 prevent injury t0 passersby. Plaintiff was in'ured because 0f their negligence and their negligence was the direct and proximate cause 0f laintiff‘s injuries. Page 1 of1 Form Approved for Optional Use CAUSE OF ACTION- General Negligence Code of Civil Procedure 425.12 Judicial Council ofCalifornia . www.couninfo‘cagov PLD-PI-oo1(2) [Rev. January 1, 2007] CEB Essentlal cebmm EM Donald Horn PLD-PI-oo1(2) SHORT TITLE: CASE NUMBER: Horn v. Lockwood THIRD CAUSE OF ACTION- General Negligence Page L..- (number) ATTACHMENT TO D Complaint D Cross-Complaint (Use a separate cause of action form for each cause of action.) GN-1. Plaintiff (name): Donald Horn alieges that defendant (name): Donald Lockwood m Does 1____ to HML- was the legal (proximate) cause of damages to plaintiff. By the following acts or omissions to act, defendant negligently caused the damage to plaintiff on (date): 7/3/2019 at (place): Intersection 0f West Shields and North Weber Avenues, Fresno, CA (description of reasons for liability) : VIOLATION OF STATUTE: VEH §21950(a) "The driver of a vehicle shall yield the right-of-way t0 a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersectlon, except as otherwise provided in this chapter." (b) "This section does not relieve a pedestrian from the duty 0f using due care for his 0r her safety. No edestrian may suddenly leave a curb 0r other p ace 0f safety and walk or run into the path o a vehicle that is so close as t0 constitute and immediate hazard." (d) "subdivision (b) does not relieve a driver 0f a vehicle from the duty 0f exercising due care for the safet); 0f any pedestrian with any mark crosswalk 0r with any unmarked crosswalk at an intersection. Plaintiff was in the unmarked crosswalk at about center rill 0f the truck at the moment 0f collision. Defendant moved from a stationary position. It 1s not ossible that Plaintiff could have suddenly left the curb for this collision t0 have occurred as it di . Plaintiff thought it was safe t0 cross because he saw Defendant talking t0 someone standing on the running board of Defendant's truck. Defendant was distracted from his duty of care by the individual standing 0n the running board and talkin through his window. Plaintiff alle es that afterward, Defendant gas safing, "I didn't see him, ' which would indicate he was spea ing with someone other than ainti . Defendant violated this statute when he pulled forward without ielding the right-of-way t0 Plaintiff wholwas already in the roadway prior to Defendant pu ing forward and striking Plaintiff Wit his truc L Plaintiff is in the class 0f persons contemplated by the statute and t0 be protected by the statute. Plaintiff suffered the harm foreseen t0 pedestrians by violation 0f the statute. Page 1 0H Form Approved for Optiona| Use CAUSE OF ACTION- General Negligence Code of Civil Procedure 425.12 Judicial Council of California www.cauriinlo.ca.gov PLD-pI-oo1(2) [Rev. January 1, 2007} CEB' 1 Essential cebmm Em Donald Horn