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Michigan Motorcycle Accident Lawsuit Sample | MI Motorcycle Accident Complaint

Our bike accident attorneys at Buckfire & Buckfire, P.C. have significant experience when it comes to filing a Michigan motorcycle 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 motorcycle accident lawsuit.

STATE OF MICHIGAN

                            IN THE CIRCUIT COURT FOR THE COUNTY OF IONIA

 

John Doe, as personal

representative of the estate of

JANE DOE,

                        Plaintiffs,                                                        Case No. 11-             -NI

                                                                                                Hon.

vs.

RICHARD ROE and

MARY ROE,

                        Defendants.

_______________________________________/

BUCKFIRE & BUCKFIRE, P.C.

Attorneys for Plaintiff

25800 Northwestern Highway, Ste. 890

Southfield, MI  48075

(248) 569-4646

_______________________________________/

 

There is no other pending or resolved civil

action arising out of same transaction or

occurrence as alleged in this complaint.

___________________________

 

COMPLAINT AND JURY DEMAND

 

            NOW COMES the Plaintiff, JOHN DOE, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JANE DOE, by and through his attorneys, BUCKFIRE & BUCKFIRE, P.C., and in his Complaint and Jury Demand against the above named Defendants, states unto this Honorable Court as follows:

 

COMMON ALLEGATIONS

            1.  That at all times herein, the Plaintiff JOHN DOE is the duly appointed and qualified Personal Representative of the Estate of JANE DOE, deceased, and is a resident of the City of Woodland, Barry County, State of Michigan.

            2.  That at all times herein, the Plaintiff’s Decedent JANE DOE was a resident of the City of Woodland, Barry County, State of Michigan.

            3.  That at all times herein, the Defendants JOHN DOE and  MARY ROE, are individuals residing in the City of Bellevue, Eaton County, State of Michigan.

4.  That the amount in controversy, exclusive of interest, costs, and attorney’s fees, is in excess of Twenty-Five Thousand ($25,000.00) Dollars and is otherwise within the jurisdiction of this Court.

            5.  That on or about October 11, 2011, at approximately 7:27 p.m., the Plaintiff’s Decedent JANE DOE, was riding on the back of Plaintiff’s JOHN DOE’S motorcycle westbound on M-66 by Goodemont Road in the City of Ionia, Ionia County, Michigan.

            6.  That Defendant RICHARD ROE was operating a 2003 Oldsmobile Van heading southbound on M-66 near Goodemont Road

            7.  That at the aforementioned date, time and place, Plaintiff JOHN DOES served to avoid striking a deer and both Plaintiff JOHN DOES and Plaintiff’s Decedent JANE DOE were thrown from the motorcycle and landed in the middle of the road.

           8. As Plaintiff’s Decedent JANE DOE was getting up and moving to the side of the road, Defendant, RICHARD ROE, struck Plaintiff’s Decedent JANE DOE causing the Plaintiff’s Decedent JANE DOE to suffer massive injuries that caused her death.

9.  That this is a wrongful death action pursuant to the Michigan Wrongful Death Act, MCLA 600.2921-2922.

           10. That this accident was caused by Defendant RICHARD ROE’S careless actions and failure to use reasonable care; this being negligence by Defendant RICHARD ROE who had a duty to operate his vehicle in a careful and non-negligent manner; this duty owed to the general public and to the Plaintiff’s decedent, in particular.

           11. That Defendant RICHARD ROE, by his actions and omissions, violated his duty to the public in general, and to the Plaintiff’s decedent in particular, each and every act of negligence and gross negligence by Defendant RICHARD ROE being a direct and proximate cause of the Plaintiff’s decedent’s damages and death as follows:

(a) In operating said motor vehicle in a reckless, careless, negligent and heedless manner without due regard for the rights and safety of others, and more particularly, the Plaintiff’s decedent 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 and under control to avoid such an accident, 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 she had made 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)  Defendant RICHARD ROE failed to drive his motor vehicle and at the time of and immediately prior to the aforesaid collision in a careful and prudent manner, in violation of MCLA 257.626b, applicable local ordinances and the common law.

                                         (h) Defendant RICHARD ROE drove his motor vehicle recklessly and in a manner which was in willful and wanton disregard for the safety of persons lawfully on the roadway in violation of MCLA 257.626, applicable local ordinances and the common law.

              (i)  Other acts of negligence to be determined through discovery.

 

12.  That as a direct and proximate result of the aforesaid negligence of Defendant RICHARD ROE, the Plaintiff’s Decedent JANE DOE suffered serious injuries which resulted in her tragic and untimely death.

13.    That the aforementioned 2003 Oldsmobile Van motor vehicle driven by Defendant RICHARD ROE, at the time of the aforesaid accident, was owned in whole or in part by Defendant MARY ROE and was being operated by Defendant RICHARD ROE with the actual, implied and/or constructive knowledge and consent of Defendant MARY ROE thereby rendering Defendant MARY ROE vicariously liable for the aforesaid negligence and/or gross negligence of Defendant RICHARD ROE, pursuant to the Owner Liability provisions of the Michigan Motor Vehicle Code (MCL 257.401), applicable local ordinances, and the common law.

            14. That as a result of the negligence, gross negligence and recklessness of  Defendant RICHARD ROE, the Estate of JANE DOE is entitled to recover damages against the Defendant RICHARD ROE for the wrongful death of Plaintiff’s Decedent JANE DOE pursuant to the provisions of the Michigan Wrongful Death Act (MCL 600.2922, et seq) which damages include, but are not limited to the following:

a. Reasonable funeral and burial expenses in excess of those compensable by the Michigan No-Fault Statute;

b. Reasonable compensation for the pain and suffering undergone by the Plaintiff’s Decedent JANE DOE during the time between the collision and his subsequent death, including pre-impact fright and terror.

c. The loss suffered by those persons who survived the Plaintiff’s Decedent GROOTERS, and who are permitted by law to claim a loss, including, but not limited to, the following enumerated losses and damages:

i.  Loss of society, companionship, consortium, love, affection, care and comfort, of the Plaintiff’s decedent;

  1. Loss of future services and loss of future financial support of Plaintiff’s decedent including contributions which could have been made to the Plaintiff’s decedent’s family during his lifetime and support of his family and other economic losses.

 

  1. Loss of gifts and other valuable gratuities of the Plaintiff’s decedent.

 

  1. All other damages allowed under the Michigan Wrongful Death Act.

 

            WHEREFORE, the Plaintiff, JOHN DOES, PERSONAL REPRESENTATIVE OF THE ESTATE OF JANE DOE pray for a Judgment against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, plus costs, interest and attorney fees.

 

COUNT II.    NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS

            14. Plaintiff incorporates Paragraphs 1 through 13 of said Complaint.

            15. In the collision described above, Plaintiff Decedent, JANE DOE, suffered brain damage and other catastrophic injuries, including death, and these injuries and the subject collision, including, but not limited to, the sound of the collision, were of a nature that caused severe/mental disturbance to her husband, Plaintiff, JOHN DOES.

            16. As a result of his witnessing the collision, Plaintiff, JOHN DOES, suffered shock resulting in actual physical harm. This harm includes, without limitation, depression, weight changes, inability to perform normal activities, crying spells and sleeplessness.

            17. Plaintiff, JOHN DOES, suffered the shock contemporaneously with the collision between Plaintiff Decedent, JANE DOE, and Defendant’s van.

            18. In connection with this negligent operation of his van, Defendant, RICHARD ROE, negligently inflicted emotional distress upon Plaintiff, JOHN DOES.

            WHEREFORE, the Plaintiff, JOHN DOES, PERSONAL REPRESENTATIVE OF THE ESTATE OF JANE DOE pray for a Judgment against the Defendants in an amount in excess of Twenty-Five Thousand ($25,000.00) Dollars, plus costs, interest and attorney fees.

            DEMAND FOR TRIAL BY JURY IS HEREBY MADE.

                                                                        Respectfully submitted,

 

                                                                        BUCKFIRE & BUCKFIRE, P.C.

         

                                                                        ____________________________________

                                                                        LAWRENCE J. BUCKFIRE (P42841)

                                                                        Attorney for Plaintiff

                                                                        25800 Northwestern Highway, Ste. 890

                                                                        Southfield, MI  48075

Dated:                                                             (248) 569-4646

 

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