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Buckfire & Buckfire, P.C.

Michigan Car Accident Lawsuit

Our auto accident attorneys at Buckfire & Buckfire, P.C. have significant experience when it comes to filing a Michigan car accident lawsuit on behalf of an injury victim.  As a resource to our clients, we have provided an example below of what an actual complaint looks like when filing a Michigan car accident lawsuit.

 

STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND

JOHN DOE,

                                                                             Case No.  12- -NO

                             Plaintiff,                                     Hon.

-vs-

RICHARD ROE,

                             Defendant,

___________________________________/

LAWRENCE J. BUCKFIRE (P42841)

Attorney for Plaintiff

25800 Northwestern Highway, Ste. 890

Southfield, MI  48075

(248) 569-4646

___________________________________/

 

PLAINTIFF’S COMPLAINT AND JURY DEMAND

          NOW COMES the Plaintiff, JOHN DOE, by and through his attorneys, BUCKFIRE & BUCKFIRE, P.C., and for his Complaint against the Defendants states as follows:

1. That at all times herein, the Plaintiff, JOHN DOE, was an individual residing in the City of West Bloomfield, County of Oakland, State of Michigan.

2. That at all times herein, Defendant, RICHARD ROE, was an individual residing in the City of Commerce Township, County of Oakland, State of Michigan.

3. That at all times, herein, Defendant, AUTO-CLUB INSURANCE ASSOCIATION, was a Domestic Corporation, (hereinafter "AAA"), and at all times pertinent hereto, does business in the State of Michigan.  At all times pertinent to this litigation, AAA was doing business in the County of Oakland.

4. That the incident that is the subject of this litigation occurred in Oakland County, Michigan.

5. On June 21, 2012, at approximately 5:30 P.M., Plaintiff, JOHN DOE, was driving a 2008 Honda Fit motor vehicle, on east bound I-696, at or near the merge of I-275.

6. That at said time and place, Defendant, RICHARD ROE, was the owner of the 2000 Mercedes ML320 (Michigan License Place No. D344).  At the said date and time, RICHARD ROE, was the operator and owner of the 2000 Mercedes ML320.  Defendant, RICHARD ROE, struck the Plaintiff's vehicle on the passenger's side while attempting to enter and merge from I-275 to I-696 at a negligent rate of speed and otherwise operating his vehicle in a negligent manner.

7. That the amount in controversy, exclusive of interest, costs, and attorney's fees, exceeds the Twenty Five Thousand ($25,000.00) Dollar jurisdictional requirement of this court.

COUNT I

NEGLIGENCE STATUTORY LIABILITY OF RICHARD ROE

          8. Plaintiff hereby reiterates paragraphs 1-7 as though incorporated herein.

9. The said collision was caused by the Defendant RICHARD ROE's careless actions and failure to use reasonable care, this being negligence by the Defendant who had a duty to operate his vehicle in a careful and non-negligent manner which would not endanger other persons; this duty was owed to the general public and to this Plaintiff in particular.

10. Defendant, RICHARD ROE, by his actions and omissions, violated his duty to the public in general, and to Plaintiff in particular; each and every act of negligence by Defendant being a direct and proximate cause of Plaintiff's damages and injuries as follows:

(a)  In operating said motor vehicle in a reckless, careless, negligent and heedless manner without due regard for the rights of others, and more particularly, the Plaintiff herein; and without caution and circumspection as required by law; and at a speed and in a manner so as to endanger or be likely to endanger property and persons, in violation of state statutes, local ordinances and the common law;

(b)  In operating said vehicle in willful or wanton disregard for the safety of persons or property and in a manner without making proper observation; and in failing to have said motor vehicle under control to avoid such a collision, contrary to common law and state statutes.

(c)  In failing to maintain a proper lookout ahead, or make proper observation; and in failing to see what was there to be seen; as a reasonable and prudent person would have if he had the proper observations, contrary to common law.

(d)  In operating his vehicle at an excessive rate of speed for the conditions existing contrary to state statutes and common law;

(e)  In failing to operate the vehicle with due care and caution;

(f)  In failing to have the vehicle under control;

(g)  In failing to drive his motor vehicle at the time of and immediately prior to the aforementioned collision in a careful and prudent manner in violation of MCLA 257.626(b), applicable local ordinances and the common law.

(f)  In driving his motor vehicle recklessly and in a manner which was in willful and wanton disregard for the safety of persons lawfully on the highway, all in violation of MCLA 257.626, applicable local ordinances and the common law.

(i)  In failing to drive his motor vehicle at a careful and prudent speed not greater than nor less than was reasonable and proper with due regard to traffic, surface and width of roadway and other relevant conditions then and there existing, and in a manner which would enable him to stop within the assured, safe, clear distance ahead, all in violation of MCLA 257.627, applicable local ordinances and the common law.

(j)  In failing to maintain a proper lookout, failed to keep a proper observation, failed to maintain proper control of his vehicle and otherwise failed to maintain proper control of this vehicle and otherwise failed to comply with his common law of duty to use reasonable and ordinary care under the circumstances then and there existing.

(k)  Other acts of negligence that will become known through discovery.

11.  As a direct and proximate result of the statutory violations, and negligence of Defendant, the Plaintiff, JOHN DOE, sustained severe and permanent injuries; including but not limited to a fractured spine at L4 requiring surgery, transverse fracture of his sternum with retrosternal hematoma; aggravation of previous hip and knee injury, injury to his back, neck and side.  He has suffered and continues to suffer from physical and mental pain and suffering, physical disability, incapacity and loss of function; denial of everyday social pleasures and enjoyments; diminished quality of life, mental anguish, emotional distress, fright and shock, embarrassment and humiliation; and probable economic loss damages in excess of those compensable by the Michigan No-Fault Law.

12.  That because of the injuries set forth herein as well as others, the Plaintiff's bodily functions have been seriously impaired.  Said injuries constitute an objectively manifested impairment of an important body function that affects the Plaintiff's ability to lead his normal life.

13.  That because of the injuries set forth herein, as well as others, Plaintiff's injuries have resulted in serious impairment.

14.  That because of the injuries set forth herein, as well as to others, Plaintiff has sustained permanent serious disfigurements.

15.  As a direct and proximate result of the statutory violations and negligence of Defendant, Plaintiff, JOHN DOE, has been compelled to seek medical treatment and will continue to do so in the future.

          WHEREFORE, Plaintiff, JOHN DOE, prays for a judgment against Defendant in an amount in excess of Twenty-Five Thousand ($25,000.00), exclusive of interest, costs, and attorneys fees.

PLAINTIFF DEMANDS A TRIAL BY JURY IN THIS MATTER

 

Respectfully submitted,

                                                       BUCKFIRE & BUCKFIRE, P.C.

 

                                                BY:__________________________________

                                                          LAWRENCE J. BUCKFIRE  (P42841))

                                                          BUCKFIRE & BUCKFIRE P.C.

                                   Attorneys for Plaintiff

                                                          25800 Northwestern Highway, Ste. 890

                                                          Southfield, MI  48075

                                                          (248) 569-4646

Dated:  April 1, 2013

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