Complaint

Cal. Super. - 3rd Dist.November 27, 2019

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DAVID E. CASTRO, ESQ. / SBN: 298614 DREYER BABICH BUCCOLA WOOD CAMPORA, LLP 20 Bicentennial Circle Sacramento, CA 95826 Telephone: (916) 379-3500 Facsimile: (916) 379-3599 oR oe fae gs r Attorneys for Plaintiff uperlor Court sr Calltorni= NOV 27 2039 sebehaii¢ Chatters Oo Le Ollicer & Clerk SUPERIOR COURT OF CALIFORNIA O- Lucatuorto, Deputy COUNTY OF PLACER ANGELICA N. SMITH, Case No.: 8CV 0044 Plaintiff, COMPLAINT FOR DERE Nae rsberes Vv. MAUREEN A. VANDERPAN, and DOES 1 through 10, inclusive, Defendants. Plaintiff ANGELICA N. SMITH complains against Defendants, MAUREEN A. VANDERPAN, and DOES 1 through 10, inclusive, for injuries arising from a rear-end motor vehicle collision occurring on approximately December 1, 2017, in Rocklin, California. Plaintiff alleges as follows: PARTIES 1. Plaintiff is now, and at all times herein mentioned was, a citizen of and resident within Placer County, California. Plaintiff further alleges that each Defendant is a citizen and resident of, or doing business within, Placer County, California. The amount in controversy is in excess of the minimal jurisdictional limits of this Court. 2. The true names and capacities, whether individual, corporate, associate or otherwise, of Defendants DOES 1 through 10 (referred to collectively hereafter as “DOES”), are currently unidentified and unknown parties or if known, the nature of their actions and related theories of liability against them are currently unknown by Plaintiff. When the identity of these culpable parties -1- Complaint for Personal Injuries 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a7 28 is ascertained by Plaintiff or when theories and facts supporting claims against these DOE Defendants is known by Plaintiff, Plaintiff will properly identify and name each such DOE defendant accordingly. Plaintiff is informed and believes and thereon alleges that each DOE defendant is legally responsible in some manner, whether in negligence, contract, warranty, strict liability, or otherwise, for the events and occurrences described herein, and thereby proximately caused injuries and damages to Plaintiff as herein alleged. 3. Plaintiff is informed and believes and thereon alleges that at all relevant times, Defendant DOES, and each of them, were agents, ostensible agents or employees acting within the course and scope of, or were otherwise acting on behalf of, the named defendants and/or other DOE defendants, or alternatively, were acting independently for their own purposes or as employees, agents, or ostensible agents of other persons, corporations, partnerships, or entities. 4. Defendants, MAUREEN VANDERPAN, DOES, and each of them, were the owners of a FORD TRUCK (California Lic. No. 7T39653), hereinafter “SUBJECT VEHICLE.” 5: Defendant, MAUREEN VANDERPAN was the operator of the SUBJECT VEHICLE. All Defendants operated the vehicle with the knowledge and consent of all other Defendants. 6. Defendants, MAUREEN VANDERPAN, DOES, and each of them, negligently hired, trained, and/or supervised Defendants, DOES, and each of them, in such a fashion as to cause and/or contribute to the occurrence of the incident described herein. Te Defendants, DOES, and each of them, negligently entrusted, managed, maintained, drove, operated, repaired, manufactured, and designed the vehicle so as to cause the collision and resulting injuries and damages to Plaintiff. FIRST CAUSE OF ACTION Motor Vehicle Negligence Plaintiff ANGELICA N. SMITH as to Defendants, MAUREEN VANDERPAN, DOES, and each of them 8. Plaintiff re-allege and incorporate by reference as though fully set forth herein, each and every allegation set forth hereinabove. 9. On December 1, 2017, Plaintiff ANGELICA N. SMITH, while operating her 2016 Subaru .2- Complaint for Personal Injuries 10 11 12 13 14 15 16 17 18 19 20 zt 22 23 24 25 26 27 28 Outback, was slowing for traffic and had nearly come to a complete stop in the High Occupancy Vehicle lane (“HOV Lane”), on highway CA-65 southbound, near the Pleasant Grove exit in Placer County, California. At the same time and general location, Defendant MAUREEN VANDERPAN, DOES, and/or each of them, was traveling directly behind Plaintiff for an unknown period of time. Defendant, while both inattentive and traveling at an unsafe speed for the roadway and traffic conditions, caused the SUBJECT VEHICLE to collide with the rear end of the Plaintiff’s vehicle. Consequently, the violent collision proximately caused injuries and damages to Plaintiff. 10. As a result of the negligence of Defendants, each of them, Plaintiff ANGELICA N. SMITH suffered personal bodily injuries, resulting in economic and noneconomic damages. Economic damages include, but are not limited to, past and future medical and/or ancillary related expenses, incidental and consequential damages, and/or property damage and loss of used damages. Noneconomic damages include, but are not limited to, past and future physical and mental suffering and emotional distress, all to Plaintiff’s general damages, in excess of the minimum jurisdiction of an unlimited civil action. Plaintiff is entitled to prejudgment interest in accordance with Civil Code § 3291 and § 998. 11. As a further proximate result of said negligence of Defendants, each of them, Plaintiff was required to, did, and will in the future incur medical and incidental expenses in an amount unknown to Plaintiff at this time. Plaintiff will ask leave to amend the pleading to set forth the exact amount hereof when the same is ascertained by Plaintiff. Plaintiff is entitled to prejudgment interest on that amount in accordance with Civil Code § 3291 and § 998. 12: As a direct and legal result of the negligence of Defendants, each of them, Plaintiff will suffer wage loss and/or a loss of earning capacity in an amount according to proof. The exact amount of such loss is unknown to Plaintiff at this time. Plaintiff seeks recovery of such loss according to proof. Plaintiff is entitled to prejudgment interest on that amount in accordance with Civil Code § 3291 and § 998. // // // Complaint for Personal Injuries 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Wherefore, Plaintiff ANGELICA N. SMITH prays for judgment against Defendants for: a. Noneconomic damages in excess of the jurisdictional limit of this Court; b. Special damages including, but not limited to, all medical and incidental expenses according to proof; Cc. All wage loss and/or loss of earning capacity according to proof; d. Prejudgment interest to the extent permitted by law; e. All costs of suit; and f. Any such other and further relief as this Court may deem just and proper. DATED: November 26, 2019 DREYER BAB COLA WOOD CAMPORA, LLP E. CASTRO Complaint for Personal Injuries