JURY TRIAL DEMANDED

[ENTER THE COURT’S TITLE]

 

ENTER NAME, Plaintiff, vs. ENTER NAMe, and ENTER NAMe, Defendants

Case No.: ______________   JURY TRIAL DEMANDED

 

COMPLAINT

1. Plaintiff [ENTER NAME], (“the Plaintiff”), files this Complaint, against [ENTER NAME] and [ENTER NAME] (“defendants”), and alleges the following:

NATURE OF ACTION

2. This is a Complaint for compensatory damages against Defendants. Plaintiff suffered injuries while watching a baseball game. A player’s helmet bounced off the ground and hit Plaintiff, causing serious injuries to Plaintiff.
3. Plaintiff therefore sues the proprietors of the baseball stadium as the first Defendant and the baseball player as the second Defendant. Plaintiff raises the following causes of action: premises liability and negligence.

THE PARTIES

4. Plaintiff [ENTER NAME] is an individual, a resident of the State of [ENTER STATE] and resides at [ENTER ADDRESS].
5. Defendant [ETNER NAME] (hereinafter “First Defendant”) is a Company registered in [ENTER STATE]. Defendant is the proprietor of the [ENTER NAME OF STADIUM].
6. Defendant [ENTER NAME] (hereinafter “Second Defendant”) is an individual, a resident of the State of [ENTER STATE], and resides at [ENTER ADDRESS]. Said Defendant is a baseball player at [ENTER BASEBALL TEAM].

JURISDICTION

7. This Court has jurisdiction over the Defendants because Defendants reside in this State, have conducted business and/ or committed a tort in a manner to establish contacts necessary for the imposition of the jurisdiction of this Court. This Court has jurisdiction over the subject matter because the damages are within the jurisdictional limits of this court.
8. The acts or omissions made the basis of this suit occurred in the State of [ENTER STATE] and in this judicial district, so venue is proper in this Court.

FACTUAL BACKGROUND

9. On or about [ENTER DATE], Plaintiff accepted an invitation from his friend Silvia, to attend a baseball game at the First Defendant’s facility. The seats Silvia had purchased were very good, a few rows up from the field and close to first base.
10. Plaintiff had recently immigrated to the United States and knew nothing about baseball. However, the section in which Plaintiff and Silvia were sitting had a sign that advised visitors to use caution, as baseballs might fly off the field and into the seats.
11. During the game, the Second Defendant hit a ground ball toward third base. The third baseman caught the ball and threw it to the first baseman. The Second Defendant then ran to first base and thought he was “safe” but the first base umpire said that he was “out” because he got there after the first baseman already had the ball.
12. The Second Defendant then began to argue with the umpire and, in frustration, threw his batting helmet to the ground. The helmet, which was made of strong, hard plastic, bounced on the ground and flew into the stands where Plaintiff and Silvia were sitting. The helmet struck Plaintiff on the side of the head, seriously injuring him.
13. Plaintiff never saw the helmet coming toward him, because he was looking around Budweiser Stadium at the time.

CAUSES OF ACTION

COUNT 1

Premises Liability

(Against First Defendant)

14. Plaintiff hereby incorporates all foregoing paragraphs as though set out in full herein.
15. The use to which one’s property is put, and the frequency of that use by others, weighs heavily in determining the likelihood of injury, the seriousness of the injury, and the burden of avoiding the risk.
16. In this case, the instant case, there is a high likelihood of injury at the First Defendant’s facility, on the rows up from the field and close to first base. First Defendant therefore has a duty of care to protect baseball fans who sit on the rows up from the field and close to first base.
17. First Defendant was negligent in reasonably protecting the baseball fans on the rows up from the field and close to first base from any injury caused by baseballs that might fly off the field and into the seats.
18. Merely having a sign put up on the premises does not suffice to protect the baseball fans. At least, First Defendant would have constructed barriers rows up from the field and close to first base.
19. But for the First Defendants’ failure to ensure safe premises, Plaintiff would not have been hit by the Second Defendant’s helmet, which resulted in Plaintiff’s head injury.
20. First Defendant is therefore liable for Plaintiff’s injuries and should compensate Plaintiff accordingly.

COUNT 2

Negligence

(Against all Defendants)

21. Plaintiff hereby incorporates all foregoing paragraphs as though set out in full herein.
22. First Defendant owed a duty of care to protect baseball fans who sit on the rows up from the field and close to first base.
23. First Defendant breached said duty of care by failing to protect the baseball fans who sit on the rows up from the field and close to first base.
24. Second Defendant owed a duty of care to ensure his actions did not cause injury to the baseball fans.
25. Second Defendant breached his duty of care when he, in frustration, threw his batting helmet to the ground. The helmet, which was made of strong, hard plastic, bounced on the ground and flew into the stands where Plaintiff and Silvia were sitting. The helmet struck Plaintiff on the side of the head, seriously injuring him.
26. As a proximate cause of the Defendants’ negligence, Plaintiff sustained his head injury.

JURY TRIAL DEMANDED

27. Plaintiff demands jury trial of all issues.

PRAYER AND RELIEF

WHEREFORE, Plaintiff [ENTER NAME], respectfully requests that this Court enter judgment in his favor and as against Defendant as follows:

1. For General damages;
2. For Special damages according to proof;
3. For pre-judgment and post-judgment interest on all damages awarded;
4. For reasonable attorneys’ fees;
5. For costs of suit incurred;
6. For such other and further relief that the Court deems just, proper, and equitable.

 

DATED: ________________________

Respectfully submitted,

 

________________________

[ATTORNEY NAME]

[FIRM NAME]

[FIRM ADDRESS]

[ATTORNEY’S BAR NUMBER]

[EMAIL ADDRESS]

[TELEPHONE NUMBER]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that, on this ______ day of __________, 2023, a copy of the foregoing was to:

 

[ENTER DEFENDANTS’ ADDRESSES]

 

 

 

Date_____/____2023

________________________

[ATTORNEY NAME]

[FIRM NAME]

[FIRM ADDRESS]

[ATTORNEY’S BAR NUMBER]

[EMAIL ADDRESS]

[TELEPHONE NUMBER]

 

 

 

 

 

 

 

 

 

 

 

 

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