DOCKET NO.: NNH-CV-16-6064319-S :
SUPERIOR COURT
RANDY C. BANKS
:
J.D. OF NEW HAVEN
VS.
:
AT NEW HAVEN
LAUREN PATERSON
:
DECEMBER 11, 2017
REQUEST FOR LEAVE TO AMEND Pursuant to Connecticut Practice Book Section 10-60(a)(3), the plaintiff hereby requests leave to amend his complaint dated February 14, 2017 in accordance with the proposed amended complaint attached hereto.
THE PLAINTIFF: Randy C. Banks
/s/430484 By: Michael J. Fenton, Esq. Carter Mario Injury Lawyers 12 Montowese Avenue North Haven, Connecticut Tel. No: 203-281-0202 Juris No: 106160
CERTIFICATION I hereby certify that a copy of the above was or will immediately be mailed or delivered electronically or non-electronically on December 11, 2017 to all counsel and self-represented parties of record and that written consent for electronic delivery was received from all counsel and self-represented parties of record who were or will immediately be electronically served:
James Noonan, Esq. Ryan Ryan Deluca, LLP 707 Summer Street Stamford, CT 06901
/s/430484 Michael J. Fenton, Esq. Commissioner of the Superior Court
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DOCKET NO.: NNH-CV-16-6064319-S :
SUPERIOR COURT
RANDY C. BANKS
:
J.D. OF NEW HAVEN
VS.
:
AT NEW HAVEN
LAUREN PATERSON
:
DECEMBER 11, 2017
AMENDED COMPLAINT COUNT ONE: NEGLIGENCE 1.
At all times mentioned herein, the Plaintiff, Randy C. Banks (hereinafter, the “Plaintiff”), was a resident of the State of Connecticut with his place of residence being in the Town of Guilford.
2.
At all times mentioned herein, the Defendant, Lauren Paterson (hereinafter, the “Defendant”), was a resident of the State of Connecticut with her place of residence being in the Town of Avon.
3.
On or about September 21, 2015, at approximately 10:06 p.m., the Plaintiff was the owner and operator of a 2010 Ford F-150 traveling westbound on Boston Post Road in Guilford, Connecticut.
4.
At the same time and place, the Defendant was the owner and operator of a 2000 Subaru traveling directly behind the Plaintiff.
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5.
At the same time and place, while the Plaintiff’s vehicle was stopped due to construction, the Defendant, suddenly and without warning, drove directly into the rear of the Plaintiff’s vehicle (hereinafter the “Collision”).
6.
The Defendant caused this Collision.
7.
The Defendant was responsible for her actions.
8.
This collision, and the resulting injuries and losses suffered by the Plaintiff, were due to the negligence and carelessness of the Defendant in that she: a.
Operated her vehicle while under the influence of intoxicating liquor in violation of her duty of care and in violation of Connecticut General Statutes §14-227;
b.
Failed to keep and maintain a safe distance by following too closely in violation of vehicle too closely in a construction zone in violation of §14-240*Z of the Connecticut General Statutes;
c.
Operated a motor vehicle at a rate of speed too fast for the traffic conditions then and there existing in violation of §14-218a of the Connecticut General Statutes;
d.
Failed to sound the horn or flash the lights to warn the Plaintiff of the impending collision;
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9.
e.
Failed to keep a motor vehicle under proper and reasonable control;
f.
Failed to keep a proper and reasonable lookout for other vehicles;
g.
Failed to apply the brakes in time to avoid the collision, although in the exercise of due care, could and should have done so;
h.
Failed to turn the motor vehicle to the left or to the right so as to avoid the collision, although in the exercise of due care, could and should have done so; and
i.
Otherwise failed to exercise due care in operating a motor vehicle.
As a result of this collision, the Plaintiff suffered the injuries and/or exacerbations of injuries set forth below, some of which injuries and/or exacerbations of injuries, or the effects thereof, being permanent in nature: a.
Left knee complex tear of medial meniscus with loose fragments;
b.
Knee pain and Stiffness;
c.
Left Shoulder Superior Glenohumeral Joint Bone Chip Fracture;
d.
Neck pain radiating into the left upper extremity;
e.
Shoulder Pain, Popping and Stiffness;
f.
Left Hip Avulsion Fracture;
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10.
g.
Left Hip Pain, Popping and Stiffness;
h.
Broken Dental Bridge; and
i.
Mouth and Tooth Pain.
As a further result of the collision and the injuries above, the Plaintiff has experienced, and will continue to experience in the future, pain and suffering, surgery, an increased likelihood of future medical treatment and/or disorders, and fear and apprehension of such future medical treatment and/or disorders.
11.
As a further result of the collision and the injuries above, the Plaintiff has incurred, and may continue to incur, medical expenses in the future.
12.
As a further result of the collision and the injuries above, the ability of the Plaintiff to pursue and enjoy life's leisure activities has been reduced.
13.
As a further result of the collision and the injuries above, the Plaintiff lost income and may continue to lose income in the future.
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COUNT TWO: §14-295 RECKLESSNESS 1-7.
Paragraphs One through Seven of Count One are hereby incorporated and made Paragraphs One through Seven of this Count Two as if fully set forth herein.
8.
This collision, and the resulting injuries and losses suffered by the Plaintiff, was due to the recklessness of the Defendant in that she: a.
Deliberately operated a motor vehicle while under the influence of liquor, in a construction zone, when she knew, or should have known, that doing so would create a high likelihood of accident and injury to other motorists around her, including the Plaintiff, all in violation of §14-227 of the Connecticut General Statutes;
b.
Deliberately operated a motor vehicle at a rate of speed too fast for the construction zone and/or other conditions then and there existing in violation of §14-218a of the Connecticut General Statutes; and
c. 9.
Deliberately followed the Plaintiff’s vehicle too closely in a construction zone in violation of §14-240*Z of the Connecticut General Statutes. All of the aforementioned violations were engaged in by the Defendant either deliberately or with reckless disregard as to the consequences and were a substantial factor in causing injury to the Plaintiff.
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10-14. Paragraphs Nine through Thirteen of Count One are hereby incorporated and made paragraphs Ten through Fourteen of this Count Two as if fully set forth herein.
COUNT THREE: COMMON LAW RECKLESSNESS 1-7.
Paragraphs One through Seven of Count One are hereby incorporated and made Paragraphs One through Seven of this Count Three as if fully set forth herein.
8.
This Collision, and the resulting injuries and losses suffered by the Plaintiff, were due to the recklessness of the Defendant in that she: a.
Deliberately operated a motor vehicle while under the influence of liquor when she knew, or should have known, that doing so would create a high likelihood of accident and injury to other motorists around her, including the Plaintiff.
b.
Deliberately operated a motor vehicle at a rate of speed too fast for the construction zone and/or other conditions then and there existing; and
c.
Deliberately followed the Plaintiff’s vehicle too closely in a construction zone.
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9.
All of the aforementioned violations were engaged in by the Defendant either deliberately or with reckless disregard as to the consequences and were a substantial factor in causing injury to the Plaintiff.
10-14. Paragraphs Nine through Thirteen of Count One are hereby incorporated and made paragraphs Ten through Fourteen of this Count Three as if fully set forth herein.
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WHEREFORE, the Plaintiff claims: 1.
Monetary relief;
2.
Double/Treble damages as to Count Two;
3.
Punitive damages and attorney’s fees as to Count Three; and
4.
Such other and further relief as the Court deems appropriate.
THE PLAINTIFF: Randy C. Banks
/s/430484 By: Michael J. Fenton, Esq. Carter Mario Injury Lawyers 12 Montowese Avenue North Haven, Connecticut Tel. No: 203-281-0202 Juris No: 106160
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DOCKET NO.: NNH-CV-16-6064319-S :
SUPERIOR COURT
RANDY C. BANKS
:
J.D. OF NEW HAVEN
VS.
:
AT NEW HAVEN
LAUREN PATERSON
:
DECEMBER 11, 2017
STATEMENT OF AMOUNT IN DEMAND The amount in demand is greater than $15,000.00, exclusive of interest and costs.
THE PLAINTIFF: Randy C. Banks
/s/430484 By: Michael J. Fenton, Esq. Carter Mario Injury Lawyers 12 Montowese Avenue North Haven, Connecticut Tel. No: 203-281-0202 Juris No: 106160
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