Complaint

Cal. Super. - 3rd Dist.November 25, 2019

n N FP Ww W b p C o O e N D 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Py 28 Donald D. Fowler, State Bar No. 147340 LAW OFFICES OF DONALD D. FOWLER 404 Natoma Street Folsom, California 95630 Telephone: (916) 985-6800 Facsimile: (916) 985-3609 @uperior Court of Californ'- County ant Pe Attorney for Plaintiff JO ANNA MILES NOV 25 2019 take Chatters ve Officer & Clerk By: O. Lucatuorto, Deputy IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER -oo00o0- casEno. 8C¥O9044080 COMPLAINT (Personal Injuries, Negligence) JO ANNA MILES Plaintiff, Vi FRANK VINCENT SCHULBA and DOES I through XX, inclusive, Defendants. Y e e w e r e wr YS WS S e S S w a Plaintiff alleges: 1. The true names or capacities, whether individual, corporate, associate, or otherwise of defendants DOES I through Xx, inclusive, are unknown to plaintiff, who therefore sues said defendants by such fictitious names. Plaintiff is informed and believes and therefore alleges that each of the defendants designated herein as a DOE is legally responsible in some manner for the events and happenings herein referred to, and legally caused injury and damages proximately thereby to plaintiff as herein alleged. 2. That at all times herein mentioned, defendants FRANK VINCENT SCHULBA, and DOES I through V, and each of them, were the Miles v. Schulba, et al. Complaint 1 K R Ww W W N S o OD O O o N D W N 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 owners of the motor vehicle hereinafter referred to and generally described as a certain grey 2010 Chevrolet Silverado pickup truck, California license number 0126YDP. 3. That at all times herein mentioned, defendant FRANK VINCENT SCHULBA was driving the said motor vehicle with the consent, permission, and knowledge of each of the remaining defendants. 4. That at all times herein mentioned, defendant FRANK VINCENT SCHULBA was the agent and employee of each of the remaining defendants, and was at all times acting within the purpose and scope of said agency and employment, and each defendant has ratified and approved the acts of the remaining defendants. 5. That at all times herein mentioned, State Route 65, ten (10) feet north of Galleria Boulevard, was located in the city of Roseville, county of Placer, in the State of California and within the judicial district of this Court. 6. That on or about Sunday, December 10, 2017, at approximately 9:30 p.m., JO ANNA MILES was driving her vehicle southbound on State Route 65, ten (10) feet north of Galleria Boulevard, in Roseville, California. 7. That at said time and place, the defendants, and each of them, so negligently entrusted, managed, maintained, drove and operated their said motor vehicle so as to proximately cause said vehicle to collide with the vehicle in which plaintiff was driving and thereby proximately caused the hereinafter described injuries and damages to plaintiff. 8. That as a proximate result of the said acts of the defendants, and each of them, plaintiff JO ANNA MILES was hurt and Miles v. Schulba, et al. Complaint 2 - Ww N N C o e a NN DW N SN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 injured in her strength and activity, sustaining injury to her neck, back, shoulders, arms, elbows, hips, thighs, legs, feet, nervous system and person, all of which have caused and continue to cause plaintiff great mental and physical pain and suffering and nervousness. Plaintiff is informed and believes and thereon alleges that the injuries will result in some permanent disability to plaintiff, all to plaintiff’s general damage in excess of the minimum jurisdictional limits of this court, which will be shown according to proof at the time of the trial. 9. That as a further proximate result of the said acts of the defendants, and each of them, plaintiff was required to employ, and continues to employ, physicians and surgeons to examine and treat and care for her and did and continues to incur medical and incidental expenses which will be shown according to proof. 10. That as a further proximate result of the said acts of the defendants, and each of them, plaintiff JO ANNA MILES was prevented from attending to plaintiff’s usual occupation for a period of time, sustaining a loss of earnings in the amount unknown to plaintiff at this time, but which will be shown according to proof. 11. That as a further proximate result of the said acts of the defendants, and each of them, plaintiff JO ANNA MILES’ earning Capacity has been greatly impaired, both in the past and in the present in an amount which will be shown according to proof. 12. That as a further proximate result of the said conduct of the defendants, and each of them, the said vehicle and other property owned and used by the plaintiff was damaged, and plaintiff thereafter was denied the use of said vehicle and other property, Miles v. Schulba, et al. Complaint 3 n n -& - W w W N C o w e N D 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to plaintiff’s further damage; all in amounts which will be shown according to proof. WHEREFORE, plaintiff prays judgment against the defendants, and each of them, for: 1. General damages according to proof; 2. Medical expenses and all incidental expenses, according 3. Loss of earnings and earning capacity; 4. Property damage and loss of use of personal property, according to proof; 5. All prejudgement interest on general and special damages; 6. Costs of suit; and 7. Such other and further relief as the Court deems proper. DATED: |! -15 -~2OV*A LAW OFFICES OF DONALD D. FOWLER DONALD |D. FOWLER Attornéy for Plaintiff Miles v. Schulba, et al. Complaint 4