Personal Injury Complaint
- 1. Mulcahey & Leftkowitz N.J.I.D 123456789 234 Godwin Avenue Ridgewood, New Jersey, 07481 201-445-4500 Attorney for Plaintiffs _________________________________ SUPERIOR COURT OF NEW JERSEY Law Division Bergen County William Higgins and Samantha Higgins Docket No: ____________ V. Civil Action Jones Pharmacy, Inc COMPLAINT and Joseph Lombardi Enterprises, JURY DEMAND Gerald Tramp Properties Matrix Landscaping and Snow Removal Defendants ____________________________________ Plaintiff, William Higgins, residing at _______byway of Complaint, against the Defendants, says: FIRST COUNT 1. On December 23rd, 2013 the plaintiff was exiting Defendant’s Jones’s Pharmacy, Plaintiff Higgins proceeded to slip on the ice and snow buildup that had remained on the sidewalk directly in front of the store entrance. The snow and ice had remained on the sidewalk since the previous snowstorm two days earlier. Low temperatures contributed to the icy conditions and it was apparent that little attention was given to clearing the area or melting the ice. 2. Plaintiff Higgins fell, his feet flew out from under him, and so he put down his arm to break his fall. A “snap”and a “crack”ensued as his body slammed on the ice, snow and cement. He became momentarily unconscious after his fall, after the fall Plaintiff Higgins could not stand up. He laid on snow bank in excruciating pain, Plaintiff’s wife Samantha Higgins witnessed the fall.
- 2. 3. The Plaintiff's fall caused his injuries which he suffered as the proximate result of the negligence of the Defendants since the Defendants created a dangerous, hazardous and unsafe condition. Defendants failed to maintain the common areas in a safe condition, failed to warn the Plaintiff of the dangerous, hazardous and unsafe condition which caused his fall. Defendants also failed to inspect the premises; failed to provide Plaintiff with notice of the dangerous, hazardous and unsafe condition, negligently maintained ownership, control, operation, management and supervision of the common areas. 4. As a result of the aforesaid negligence, the Defendants are liable to the Plaintiff for his injuries which were proximately caused by the aforesaid negligence. As a result of the Defendants negligence, Plaintiff suffered serious injuries. Plaintiff was forced to expend diverse sums of money for his therapy; and, in the future may experience great pain and suffering. WHEREFORE, Plaintiff William Higgins demands judgment against the Defendants for damages, interest, attorney’s fees, and costs ofsuits SECOND COUNT 1. Plantiff Samantha Higgins repeats the allegations on the First Count herein their entirety. 2. Plantiff Samantha Higgins is the wife of Plaintiff William Higgins 3. As a result of the injuries suffered by her husband as foresaid, Plaintiff Samantha Higgins has and will in the future suffer the loss of usual services and consortium of her husband and has been required to provide special services and care to him WHEREFORE, Platiff Samantha Higgins demands judgment against the Defendants for damages, interest, and costs ofsuits.
- 3. JURY DEMAND Plaintiffs hereby trial by jury of all issues so triable pursuant to New Jersey Court Rules 1:8-2(b) and 4:35-1(a). MULCAHEY & LEFTKOWITZ Attorneys for Plaintiffs By: _____________________________ Jeffery Mulcahey Dated: November ____ 20___
- 4. Clerk, Bergen County RE: William v Lombardi Dear Sir or Madam: I am enclosing an original and two copies of a Complaint and Case Information Statement for filing in this matter. Please stamp a copy “filed” and return it to me in the enclosed self-addressed stamped envelope. Please charge our Superior Court account no. XXXX for the filing fee. (Alternative- Our firm’s check for the filing fee of $______ is enclosed.) Thank you very much Very Truly Yours Jeffery Mulcahey