PLAINTIFFS ORIGINAL COMPLAINT

mukiialice64
Complaint
February 14, 2024

SUPREME COURT OF THE STATE OF XXX

COUNTY OF XXX

—————————————————————————–

XXX,

                                                                                                            Index No.

                                                Plaintiffs,

 

[NAME OF EMPLOYEE]; [NAME OF BUSINESS]; and PHILADELPHIA INDEMNITY INSURANCE COMPANY

                                                Defendants.

 

 

PLAINTIFF’S ORIGINAL COMPLAINT

NOW COMES XXX, Plaintiff, and files this Complaint against [Name of Employee] and [Name of Business], Defendants, and for cause would show this Honorable Court as follows:

 

  1. PARTIES
  2. Plaintiff XXX is a law-abiding female adult citizen of sound mind and a resident of [Insert Address].
  3. Defendant [Name of Employee] is a female adult citizen of sound mind whose address known to Plaintiff is [Insert Address].
  4. Defendant [Name of Business] is a business registered in the State of XXX.
  5. Defendant Philadelphia Indemnity Insurance Company is a company that provides insurance products to consumers in the State of New York whose address known to Plaintiff is [Insert Address].

 

  1. JURISDICTION AND VENUE
  2. Jurisdiction exists in this Court pursuant to Article VI, § 7 of the XXX Constitution.
  3. Venue is proper before this Court because the events and causes of action described herein took place within the County of XXX.

 

  1. STATEMENT OF FACTS
  2. On [Date], Plaintiff went to Defendant’s business to get her eyelashes removed. That was a week before her birthday.
  3. On that day, 2 people worked on Plaintiff’s eyelashes. One of them, [Insert Name], did not know what to do.
  4. As they were working on Plaintiff’s eyelashes, [Insert Name] poked Plaintiff’s left eye with some tweezers.
  5. As a result of [Insert Name]’s actions, Plaintiff suffered a blood vessel break for 2 weeks.
  6. Due to the injury in her eye, Plaintiff had to cancel her birthday plans.
  7. Plaintiff had made arrangements for her birthday and paid vendors to supply goods and services for her birthday.
  8. All that Plaintiff had planned went to the drain as she could not hold her birthday with the injury in her eye.
  9. Plaintiff was in contact with XXX Indemnity Insurance Company, which offered to settle for $1,500. Plaintiff rejected the offer since it did not cover her birthday expenses.
  10. Plaintiff seeks compensation for Defendants’ actions.

 

  1. CAUSES OF ACTION

Count 1: Negligence

  1. The plaintiff asserts a cause of action for negligence against Defendants based on the following grounds:
  2. Duty of Care: The defendant owed a duty of care to the plaintiff as a customer who sought their services for eyelash removal. This duty includes employing competent and skilled individuals to perform the procedure.
  3. Breach of Duty: The defendant breached their duty of care by assigning an employee, [Insert Name], who lacked the necessary knowledge and competence to perform the eyelash removal procedure safely. This breach of duty is evidenced by [Insert Name]’s actions in negligently poking the plaintiff’s left eye with tweezers during the procedure.
  4. Causation: The defendant’s breach of duty directly caused the plaintiff’s injury, specifically a broken blood vessel in the plaintiff’s eye, which persisted for a period of two weeks. The injury and subsequent physical harm suffered by the plaintiff can be directly attributed to the actions of [Insert Name] during the eyelash removal procedure.
  5. Damages: As a result of the defendant’s negligence, the plaintiff incurred damages. These damages include physical injury, pain and suffering, medical expenses related to the treatment of the eye injury, and financial loss resulting from the cancellation of the plaintiff’s birthday plans, including the payments made to vendors for goods and services.
  6. The plaintiff seeks compensation for the damages suffered as a direct result of the defendant’s negligence

 

Count 2: Professional Malpractice

  1. The plaintiff asserts a cause of action for professional malpractice against the defendant, [Defendant’s Business Name], based on the following grounds:
  2. Duty of Care: The defendant owed a duty of care to the plaintiff as a provider of beauty services, including the eyelash removal procedure. This duty includes ensuring that employees possess the necessary qualifications, skills, and competence to perform the procedure safely and effectively.
  3. Breach of Duty: The defendant breached their duty of care by assigning an employee, [Insert Name], who lacked the required knowledge and expertise to perform the eyelash removal procedure in accordance with the accepted professional standards. This breach of duty is evident from [Insert Name]’s actions in negligently poking the plaintiff’s left eye with tweezers during the procedure.
  4. Departure from Standard of Care: The defendant’s employee, [Insert Name], deviated significantly from the standard of care expected in the beauty services industry. The standard of care requires professionals to possess a reasonable level of knowledge, competence, and skill when performing procedures on clients. [Insert Name]’s lack of familiarity with proper techniques and negligent actions demonstrate a clear departure from the established standard of care.
  5. Causation: The defendant’s employee’s departure from the standard of care directly caused the plaintiff’s injury. The negligent act of poking the plaintiff’s left eye with tweezers resulted in a blood vessel break, which caused physical harm and required two weeks for recovery.
  6. Damages: As a result of the professional malpractice, the plaintiff suffered physical harm, pain, and financial losses. The injury to the plaintiff’s eye disrupted the planned birthday celebration, leading to the cancellation of arrangements made with vendors for goods and services.
  7. The plaintiff seeks compensation for medical expenses, financial losses, and any other appropriate damages resulting from the defendant’s professional malpractice

 

Count 3: Breach of Contract

  1. The plaintiff asserts a cause of action for breach of contract against the defendant, [Defendant’s Business Name], based on the following grounds:
  2. Formation of Contract: A valid and enforceable contract was formed between the plaintiff and the defendant for the provision of eyelash removal services. The contract outlines the rights and obligations of both parties and sets the terms and conditions under which the services were to be performed.
  3. Performance Obligation: Under the contract, the defendant had an obligation to perform the eyelash removal procedure in a skillful and competent manner. This obligation includes employing qualified and trained individuals to carry out the procedure.
  4. Breach of Contract: The defendant breached the contract by failing to perform the eyelash removal procedure with the required level of skill and care. This breach is evident from the actions of [Insert Name], an employee of the defendant, who negligently poked the plaintiff’s left eye with tweezers during the procedure.
  5. Causation: The defendant’s breach of contract directly caused harm to the plaintiff. The negligent act of [Insert Name] resulted in a blood vessel break in the plaintiff’s eye, leading to physical injury and distress that persisted for a period of two weeks.
  6. Damages: As a result of the defendant’s breach of contract, the plaintiff suffered damages. These damages include physical pain and suffering, medical expenses incurred for the treatment of the eye injury, and financial losses resulting from the cancellation of the plaintiff’s birthday plans, for which arrangements had been made and payments to vendors had been made.
  7. Non-Fulfillment of Contractual Obligations: The defendant’s failure to fulfill their contractual obligations, specifically the provision of the eyelash removal service in a skillful and competent manner, constitutes a material breach of the contract.
  8. The plaintiff seeks compensation for the damages suffered as a direct result of the defendant’s breach of contract.

 

Count 4: Intentional Infliction of Emotional Distress

  1. The plaintiff asserts a cause of action for intentional infliction of emotional distress against the defendant, [Defendant’s Business Name], based on the following grounds:
  2. Intentional Conduct: The defendant, through their employee, [Insert Name], engaged in intentional conduct that was extreme and outrageous. [Insert Name] deliberately and intentionally poked the plaintiff’s left eye with tweezers during the eyelash removal procedure, knowing that it could cause emotional harm.
  3. Extreme and Outrageous Behavior: [Insert Name]’s intentional act of poking the plaintiff’s eye with tweezers exceeded the bounds of decency and was conducted with a reckless disregard for the plaintiff’s emotional well-being. Such behavior can be considered extreme and outrageous under the circumstances.
  4. Severe Emotional Distress: As a direct result of the defendant’s intentional conduct, the plaintiff suffered severe emotional distress. The distress experienced was beyond what a reasonable person should be expected to endure and caused significant emotional pain, suffering, and anguish.
  5. Causation: The defendant’s intentional act of poking the plaintiff’s eye with tweezers was the direct and proximate cause of the plaintiff’s severe emotional distress. The intentional conduct triggered the distressing emotional response, leading to the emotional harm suffered by the plaintiff.
  6. The plaintiff seeks compensation for the intentional infliction of emotional distress caused by the defendant.

 

  1. PRAYER FOR RELIEF

REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests this Honorable Court to GRANT her the following reliefs:

  1. GRANT judgment in favor of Plaintiff and against Defendants;
  2. AWARD Plaintiff damages for negligence, professional malpractice, breach of contract, and intentional infliction of emotional distress in the sum of $__________;
  3. AWARD Plaintiff special damages for expenses incurred in the sum of $__________;
  4. AWARD Plaintiff punitive damages;
  5. AWARD Plaintiff such equitable relief as this Court deems fair under the circumstances; and
  6. AWARD Plaintiff such further relief as this Court deems proper.

 

 

Dated this XXX.

 

Respectfully Submitted,

 

 

 

___________________________________

XXX,

[Insert Address]

[Insert State & ZIP Code]

[Insert Phone Number]

[Insert Email]

 

Defendant in pro per

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