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
PLAINTIFF’S ORIGINAL COMPLAINT – 1
Attorney Names
Attorneys’ Business Address
City, ST ZIP Code
Phone | Fax
Email
Attorney for Plaintiff
IN THE SUPERIOR COURT OF XXX
IN AND FOR XXX COUNTY
XXX,
Plaintiff,
vs.
FEDERAL EXPRESS,
Defendant
Case No.: Number
PLAINTIFF’S ORIGINAL COMPLAINT
NOW COMES XXX Plaintiff, through its undersigned counsel, and
files this Complaint against Federal Express, Defendant, and for cause would show this
Honorable Court as follows:
A. PARTIES
1. Plaintiff XXX Holdings is a limited liability company registered in the
State of XXX
2. Defendant Federal Express is a company doing the business of transportation,
and e-commerce. Defendant’s headquarters are in the State of Tennessee.
B. JURISDICTION AND VENUE
3. Jurisdiction exists in this Court pursuant to N.J. Const., Art. VI 3, 2: see Chapter
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
PLAINTIFF’S ORIGINAL COMPLAINT – 2
I.
4. Venue is proper in this court because the causes of action described herein took
place within Essex County.
C. STATEMENT OF FACTS
5. This lawsuit relates to an incident in which one of Defendant’s vehicles damaged
Plaintiff’s building (the “Subject Building”).
XXX
walls and ceiling of the building.
12. The driver called his supervisor who asked to talk to XXX
informed his supervisor that she would be calling the police.
13. West Orange Police arrived at the scene and made a report.
D. CAUSE OF ACTION
Negligence
14. Plaintiff hereby incorporates by reference the facts set out in ¶ 1-13 of this
Complaint as though set out in full herein.
15. To sustain a cause of action for negligence, a plaintiff must establish four
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
PLAINTIFF’S ORIGINAL COMPLAINT – 3
elements: "`(1) a duty of care, (2) a breach of that duty, (3) proximate cause, and (4) actual
damages.’" Polzo v. Cnty. of Essex, 196 N.J. 569, 584, 960 A.2d 375 (2008) (alterations
omitted) (quoting Weinberg v. Dinger, 106 N.J. 469, 484, 524 A.2d 366 (1987)).
16. The driver was an employee of Defendant and was driving a truck owned by
Defendant at the time of the accident. The driver owed other road users as well as everyone
else on the road a duty of care to drive and control the vehicle in a manner that ensured the
safety of other people’s lives and property.
17. The driver breached that duty when he ignored Ms. Nosiay’s warning to stop.
She could see that he was about to hit the building. However, the driver kept driving up the
driveway. He struck the rock walls and ceiling of the building. As a result, the building was
damage. The estimated cost of damage to the building is $__________.
18. A "plaintiff bears the burden of establishing those elements `by some competent
proof.’" Davis v. Brickman Landscaping, Ltd., 219 N.J. 395, 406, 98 A.3d 1173
(2014) (citing Buckelew v. Grossbard, 87 N.J. 512, 525, 435 A.2d 1150 (1981); Overby v. Union
Laundry Co., 28 N.J.Super. 100, 104, 100 A.2d 205 (App.Div.1953), aff’d o.b., 14 N.J. 526,
103 A.2d 404 (1954)).
19. Plaintiff is in possession of the declaration of Ms. Linda Nosiay, the main witness.
She is a law-abiding citizen of sound mind whose testimony should be admitted before this
Court.
20. Proximate cause consists of "`any cause which in the natural and continuous
sequence, unbroken by an efficient intervening cause, produces the result complained of and
without which the result would not have occurred.’" Conklin v. Hannoch Weisman, 145 N.J. 395,
418, 678 A.2d 1060 (1996) (quoting Fernandez v. Baruch, 96 N.J.Super. 125, 140, 232 A.2d
661 (App. Div.1967), rev’d on other grounds, 52 N.J. 127, 244 A.2d 109 (1968)); Dawson v.
Bunker Hill Plaza Assocs., 289 N.J.Super. 309, 322, 673 A.2d 847 (App.Div.), certif.
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
PLAINTIFF’S ORIGINAL COMPLAINT – 4
denied, 146 N.J. 569, 683 A.2d 1164 (1996).
21. There is no doubt that the damage to the Subject Building was a result of the
driver’s actions of failing to stop when he was already warned by XXX. Had he stopped
as warned, the accident would not have occurred.
22. Defendant is liable for negligence and ought to pay damages to Plaintiff.
E. PRAYER FOR RELIEF
REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests
this Honorable Court to grant him the following reliefs:
a. GRANT judgment in favor of Plaintiff and against Defendant;
b. AWARD Plaintiff damages for negligence in the sum of $__________;
c. AWARD Plaintiff punitive damages;
d. AWARD Plaintiff costs of this suit and attorney costs;
e. AWARD Plaintiff pre- and post-judgment costs and interests;
f. AWARD Plaintiff such equitable relief as this Court deems fair under the
circumstances; and
g. AWARD Plaintiff such further relief as this Court deems necessary and proper.
Dated this _____ day of XXX
Respectfully Submitted,
___________________________________
[Insert Attorney’s Name]
Attorney for Plaintiff
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )