DOCKET NO.: NNH-CV15-6055018-S
:
SUPERIOR COURT
CHRISTINE JACKSON
:
J.D. OF NEW HAVEN
V.
:
AT NEW HAVEN
SAMANTHA BOETTCHER, ET AL
:
SEPTEMBER 21, 2015
REQUEST FOR LEAVE TO AMEND COMPLAINT Pursuant to Connecticut Practice Book § 10-60, the Plaintiff, in the above-entitled action respectfully requests leave to amend her complaint as attached hereto, in order to further clarify the injuries sustained.
THE PLAINTIFF: CHRISTINE JACKSON
By______________________________ Brian V. Altieri, Attorney At Law Balzano & Tropiano, PC 321 Whitney Avenue New Haven, Connecticut 06511 Telephone: 203-891-6336 Juris No. 428258
1
ORDER The foregoing Motion having been made by the plaintiff’s in this action, it is hereby, ORDERED: GRANTED /
DENIED
BY THE COURT
______________________________________ CLERK/JUDGE
2
CERTIFICATION This is to certify that a copy of the foregoing was mailed, postage prepaid, on the above date to all counsel of record, as follows: John Hanks Jr., Esq. Aldrich, Hanks & Sheehan 538 Preston Avenue, Suite 305 Meriden, CT 06450
________________________________ BRIAN V. ALTIERI COMMISSIONER OF THE SUPERIOR COURT
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DOCKET NO.: NNH-CV15-6055018-S
:
SUPERIOR COURT
CHRISTINE JACKSON
:
J.D. OF NEW HAVEN
V.
:
AT NEW HAVEN
SAMANTHA BOETTCHER, ET AL
:
SEPTEMBER 21, 2015
FIRST AMENDED COMPLAINT 1.
At all times mentioned herein, North Frontage Road, running substantially in a westerlyeasterly direction, and Sherman Avenue, running substantially in a northerly-southerly direction, were intersecting public thoroughfares in the City of New Haven, Connecticut.
2.
At all times mentioned herein, a legally erected traffic light regulated the flow of traffic at the intersection of North Frontage Road and Sherman Avenue.
3.
On or about July 29, 2013, at approximately 11:06 a.m., the Plaintiff, CHRISTINE JACKSON (hereafter “Christine Jackson”), was operating her motor vehicle in a westerly direction on North Frontage Road approaching the intersection with Sherman Avenue.
4.
At said time and place, the Defendant, SAMANTHA BOETTCHER (hereafter “Samantha Boettcher”), was operating a motor vehicle in a southerly direction on Sherman Avenue approaching the intersection with North Frontage Road. 4
5.
At said time and place, the motor vehicle operated by Samantha Boettcher was owned and maintained by the Co-Defendant, BRADFORD POMPILLI (hereafter “BRADFORD POMPILLI”), for his personal use and/or the use and convenience of his family members and/or friends.
6.
At said time and place, the Defendant, Samantha Boettcher, was acting within the general scope of her authority as family member and/or friend of the Co-Defendant, Bradford Pompilli, when she was operating the motor vehicle owned and maintained by Bradford Pompilli.
7.
At said time and place, as the Plaintiff, Christine Jackson, was proceeding through the intersection of North Frontage Road at Sherman Avenue through a green light traffic signal, the Defendant, Samantha Boettcher, operated her motor vehicle in such a manner as to cause the vehicle she was operating to suddenly and without warning travel directly into the path of the vehicle operated by the Plaintiff, Christine Jackson, thereby causing a violent collision.
8.
The force of the collision threw the Plaintiff, Christine Jackson, about the interior of the motor vehicle she was seated in, causing and/or exacerbating injuries of a serious, painful and permanent nature, in that: a.
She sustained and suffers from a cervical disc herniation at C5-C6 with right 5
foraminal stenosis with associated compression of the right C6 nerve root; b.
She was caused to endure surgery on her neck;
c.
She sustained and suffers from cervical segmental dysfunction;
d.
She sustained and suffers thoracic segmental dysfunction;
e.
She sustained and suffers lumbar segmental dysfunction;
f.
She sustained and suffers from forminal stenosis about her cervical spine;
g.
She sustained and suffers cervical radiculopathy;
h.
She sustained and suffers from right arm radiculopathy;
i.
She sustained and suffers from lumbosacral spondylosis;
j.
She sustained and suffers from a musculoligamentous sprain/strain about her cervical spine;
k.
She sustained and suffers from a musculoligamentous sprain/strain about her thoracic spine;
l.
She sustained and suffers from a musculoligamentous sprain/strain about her right side rib region;
m.
She sustained and suffers from closed separation of the right acromioclavicular joint;
n.
She sustained and suffers from right impingement syndrome about her right 6
rotator cuff; o.
She sustained and suffers from nondisplaced 8th rib fracture on the left side;
p.
She endured injection about her cervical spine;
q.
She was caused to endure anterior cervical discectomy and fusion at C5-C6;
r.
She sustained and suffers from right shoulder tendonitis about her rotator cuff;
s.
She sustained and suffers from lumbago;
t.
She experienced and/or continues to experience pain, stiffness, soreness, discomfort, and/or spasms about her cervical spine;
u.
She experienced and continues to experience pain, stiffness, soreness, discomfort, and/or spasms about her lumbar spine;
v.
She experienced and/or continues to experience pain, stiffness, soreness, discomfort, and/or spasms about her thoracic spine;
w.
She experienced and/or continues to experience pain, stiffness, soreness, discomfort, and/or spasms about her right shoulder radiating down into her right arm;
x.
She experienced and/or continues to experience pain, stiffness, soreness, discomfort, and/or spasms about her back;
y.
She experienced and/or continues to experience pain, stiffness, soreness, 7
discomfort, and/or spasms about her chest; z.
She experienced and/or continues to experience pain, stiffness, soreness, discomfort, and/or spasms about her trapezius region;
aa.
She experienced and/or experiences a decreased range of motion in her cervical region;
bb.
She experiences a decreased range of motion in her right shoulder;
cc.
She experiences severe headaches;
dd.
She experienced and/or continues to experience difficulty sleeping;
ee.
She experienced and/or continues to experience an acute anxiety reaction, accompanied by its usual symptoms; and
ff. 9.
She endured, and continues to endure great pain to the mind and body.
As a result of her injuries, Christine Jackson incurred expenses for ambulatory transportation, surgery, orthopedic care, x-rays, MRI’s, medications, medical care, and for matters incidental thereto and will be required to incur similar expenses in the future.
10.
Prior to this incident, Christine Jackson was able to engage in common activities, but, due to her injuries, she has been, in the past, and/or will be in the future, unable to engage in all of life's activities. 8
11.
Christine Jackson’s injuries and damages were caused by the negligence of Samantha Boettcher in any one of the following ways and in any combination thereof, in that: a.
She was inattentive in that she was not keeping a reasonable and/or proper lookout;
b.
She did not have the motor vehicle that she was operating under reasonable control;
c.
She drove the motor vehicle at an unreasonable rate of speed, having no regard for the road and traffic conditions and the use of said roadway at said time;
d.
She failed to steer and/or guide the course and movement of a motor vehicle so as to avoid causing a collision;
e.
She violated Connecticut General Statutes § 14-299 in that she failed to obey traffic control signal lights;
f.
She violated Connecticut General Statutes § 14-218a by driving a motor vehicle at a rate of speed greater than was reasonable with regard to the width, traffic, use of the roadway, the intersection of the streets, and the weather conditions then and there existing;
g.
She violated Connecticut General Statutes § 14-80h in that she failed to keep her brakes in good working order; 9
h.
She violated Connecticut General Statutes § 14-296aa in that she operated a motor vehicle while using an electronic mobile device;
i.
She failed to make timely and seasonable use of the brakes of the motor vehicle she was driving in order to slow down and/or stop before causing her vehicle to strike another motor vehicle;
j.
She failed to sound her horn or otherwise warn the Plaintiff of the impending collision; and
k.
She failed to use due care and to make use of her senses and faculties, as would a reasonably prudent person under the circumstances.
WHEREFORE, the Plaintiff claims money damages. Dated at New Haven, Connecticut, this 21st day of September, 2015.
THE PLAINTIFF: CHRISTINE JACKSON
By______________________________ Brian V. Altieri, Attorney At Law Balzano & Tropiano, PC 321 Whitney Avenue New Haven, Connecticut 06511 Telephone: 203-891-6336 Juris No. 428258 10
DOCKET NO.: NNH-CV15-6055018-S
:
SUPERIOR COURT
CHRISTINE JACKSON
:
J.D. OF NEW HAVEN
V.
:
AT NEW HAVEN
SAMANTHA BOETTCHER, ET AL
:
SEPTEMBER 21, 2015
STATEMENT RE: AMOUNT IN DEMAND The amount in demand, exclusive of interest and costs, is:
[X] not less than $15,000
THE PLAINTIFF: CHRISTINE JACKSON
By______________________________ Brian V. Altieri, Attorney At Law Balzano & Tropiano, PC 321 Whitney Avenue New Haven, Connecticut 06511 Telephone: 203-891-6336 Juris No. 428258
11
