Complaint

Cal. Super. - 3rd Dist.June 8, 2021

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WILLIAM L. BRELSFORD, SBN 202839 BRELSFORD ANDROVICH & WHITE 2001 I Street Sacramento, CA 95811 Telephone: (916) 449-1300 Facsimile: (916) 449-1320 Email: wbrelsford@baw-attorneys.com Attorneys for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER JENNIFER PERRY, Plaintiff, v. CURTIS KNAPPENBERGER and DOES 1 through 30, inclusive, Defendants. __________________________________ ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. COMPLAINT FOR DAMAGES (Personal Injury - Auto) Plaintiff, JENNIFER PERRY, complains of Defendants, and each of them, for an amount in excess of $25,000.00 and in excess of the minimum jurisdictional limits of this Court, and allege as follows: ALLEGATIONS COMMON TO ALL COUNTS 1. The true names and capacities, whether individual, corporate, associate or otherwise, of Defendants, DOES 1 through 30, inclusive, are unknown to Plaintiff, who therefore sues such Defendants by such fictitious names, and Plaintiff will amend this complaint to show their true names and capacities when the same have been ascertained. Plaintiff is informed and believes and thereon alleges that each of the Defendants, DOES 1 through 30, inclusive, is responsible under law in some manner, negligently, in warranty, strictly, or otherwise, for the events and happenings herein referred to and proximately thereby caused injuries and damages to Plaintiff as herein Complaint for Damages 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 alleged. 2. Plaintiff is now, and at all times herein mentioned was, a citizen of and resident within the State of California, and the Defendants, and each of them, are now, and at all times herein mentioned were, citizens of and residents within the State of California, and the amount in controversy exceeds the minimum jurisdictional limits of the court. 3. At all times herein mentioned, each of the Defendants was the agent, employee, principal or employer of each of the remaining Defendants and was at all times relevant acting within the course and scope of said relationships and each Defendant has authorized, ratified and approved the acts of each of the remaining Defendants. FIRST CAUSE OF ACTION (Personal Injury - Auto) 4. Plaintiff is informed and believes and thereon alleges that at all times herein mentioned, Defendants, CURTIS KNAPPENBERGER and DOES 1 through 17, inclusive, and each of them, were the owners of a 2011 Dodge Ram 2500, California license plate number 01703N2. 5. Plaintiff is informed and believes and thereon alleges that at all times herein mentioned, Defendants, CURTIS KNAPPENBERGER and DOES 15 through 30, inclusive, and each of them, were driving the aforementioned vehicle with the knowledge, consent and permission of Defendant owners. 6. On or about June 17, 2019, Plaintiff was driving her 2012 Honda Pilot, California license plate number 6TBK936, at the intersection of Pacific Street and Americana Way, in the City of Rocklin, County of Placer, State of California. 7. At the time and place aforementioned herein above, said Defendants,CURTIS KNAPPENBERGER and DOES 15 through 30, inclusive, and each of them, were operating the aforementioned vehicle when they collided same into the rear of Plaintiff’s vehicle, causing injuries to Plaintiff. / / / / / / Complaint for Damages 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. At said time and place, Defendants, and each of them, so negligently entrusted, managed, maintained, drove, operated, repaired, manufactured, and designed said motor vehicle in a dangerous and negligent manner so as to proximately cause said motor vehicle to collide with Plaintiff's vehicle and proximately cause the hereinafter described injuries and damages to Plaintiff. 9. As a proximate result of the negligence of Defendants, and each of them, Plaintiff was hurt and injured in her health, strength and activity, sustaining injury to her body and shock and injury to her nervous system and person, all of which said injuries have caused and continue to cause Plaintiff great mental, physical and nervous pain and suffering. Plaintiff is informed and believes and therefore alleges that said injuries will result in some permanent disability, all to her general damage in a sum in excess of the minimum jurisdictional limits of the Court. 10. As a further proximate result of the said negligence of Defendants, and each of them, Plaintiff was required to employ, and will be required in the future to employ, physicians and surgeons to examine, treat and care for her and did incur, and will in the future incur, medical and incidental expenses. The exact amount of such expense is unknown to Plaintiff at this time, and Plaintiff will ask leave to amend this complaint to set forth the exact amount thereof when the same is ascertained. 11. As a further proximate result of the said negligence of Defendants, and each of them, Plaintiff was prevented from attending to her usual occupation, employment opportunities, benefits and advantages, and Plaintiff is informed and believes and thereon alleges that she will thereby be unable to attend to her usual occupation, employment opportunities, benefits and advantages at times in the future, and as a proximate result thereof, will sustain a loss with regard to her past and future wages and benefits, as well as her earning capacity. / / / / / / / / / / / / / / / / / / Complaint for Damages 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, Plaintiff prays for judgment against Defendants, and each of them, as follows: i. General damages in a sum in excess of the minimum jurisdictional limits of the Court; ii. All medical and incidental expenses according to proof; iii. All loss of earnings according to proof; iv. All rental car expenses according to proof; v. All costs of suit; and vi. Such other and further relief as this Court may deem just and proper. Dated: June 8, 2021 IBRELSFORD ANDROVICH & WHITE WILLIAM L. BRELSFORD Attorneys for Plaintiff Complaint for Damages 4