Sample Truck Accident Wrongful Death Complaint

IN THE CIRCUIT COURT FOR PRINCE GEORGE’S COUNTY, MARYLAND
Civil Division

COMPLAINT

Plaintiffs, the Estate of Steve E. Monterer, by and through David Monterer as Personal Representative, Beverly Monterer, mother of the decedent, Steve E. Monterer and Sandy McEnroe, as Mother and Next Friend of Stacy Rae McEnroe, surviving minor child of Steve E. Monterer, by and through their attorneys, Ronald V. Miller, Jr., Laura G. Zois and Miller & Zois, LLC, bring suit against Defendants, Carlos Demetrius Pastor (hereinafter “Defendant Pastor”), Sevents Sales Service of Pennsylvania, Inc., d/b/a Mike & Mike Ice Cream Co. (hereinafter “Defendant Sevents Sales”) and Penske Truck Leasing Corporation (hereinafter “Defendant Penske”), and state as follows:

VENUE AND JURISDICTION

1. The accident took place in Prince George’s County, Maryland.
2. The Estate of Steve E. Monterer, was opened by his brother and Personal Representative of the Estate, David Monterer, with the Prince George’s County Registrar of Wills, Estate No. 72973.
3. Plaintiff Beverly Monterer is the mother of the decedent, Steve E. Monterer, and is a resident of Temple Hills in Prince George’s County, Maryland.
4. Plaintiff Stacy Rae McEnroe is the minor daughter of the decedent, Steve E. Monterer, and suit has been brought on her behalf by and through her mother, Sandy McEnroe, as Mother and Next Best Friend of Stacy Rae McEnroe, and they are residents of Washington, DC.
5. Plaintiffs Beverly Monterer and Stacy Rae McEnroe are primary beneficiaries in this action for wrongful death claims pursuant to §3-904(a) of the Courts and Judicial Proceedings Article.
6. The claim for Plaintiff, The Estate of Steve E. Monterer, has been brought by his brother and Personal Representative of the Estate, David Monterer, pursuant to §7-401 of the Estates and Trusts Article. The Estate of Steve E. Monterer has been opened with the Prince George’s County Registrar of Wills, Estate No. 77173.
7. Defendant Pastor is a resident of Baltimore County, Maryland.
8. Defendant Sevents Sales is a corporation that regularly conducts business in the State of Maryland.
9. Defendant Penske is a corporation that regularly conducts business in the State of Maryland.

FACTS OF THE ACCIDENT

The Plaintiffs incorporate herein by reference all preceding paragraphs.

1. On August 13, 2007, at approximately 1:30 p.m., the Decedent, Steve E. Monterer, was lawfully operating his motorcycle on the favored roadway, traveling northbound on Route 301 approaching its intersection with Missouri Avenue.
2. Defendant Pastor was operating a 2005 Freightliner Truck, traveling westbound on Missouri Avenue, the unfavored roadway.
3. Defendant Pastor failed to yield to Steve E. Monterer and his right-of-way when Defendant Pastor entered the intersection of Missouri Avenue and Route 301.
4. Steve E. Monterer took evasive action to avoid a collision with Defendant Pastor, however, Steve E. Monterer was unable to avoid crashing into the rear of the truck operated by Defendant Pastor.
5. Defendant Pastor fled the scene of the accident and was later arrested.
6. Steve E. Monterer was taken by ambulance to Southern Maryland Hospital, and pronounced dead at approximately 3:30 p.m.
7. Steve E. Monterer suffered from pre-impact fright and conscious pain and suffering as a result of the accident.
8. Steve E. Monterer, at the time of his death, was survived by his minor child, Stacy Rae McEnroe, and his mother, Beverly Monterer, among other immediate family members.

COUNT I – WRONGFUL DEATH

The Plaintiffs incorporate herein by reference all preceding paragraphs.

1. Defendant Pastor owed Steve E. Monterer a duty to use reasonable care in operating and controlling his vehicle.
2. Defendant Pastor failed to use reasonable care in operating his vehicle when he failed to yield the right-of-way to Steve E. Monterer, and taking his right-of-way by entering the intersection from the unfavored road onto the favored road when it was unsafe to do so.
3. Defendant Pastor caused the collision between Steve E. Monterer’s vehicle and his vehicle, and breached his duties owed to Steve E. Monterer.
4. As a direct and proximate result of Defendant Pastor’s negligence and breach of duties owed to Steve E. Monterer, Steve E. Monterer sustained fatal bodily injuries, was admitted to Southern Maryland Hospital at approximately 2:23 p.m. and was pronounced dead at 3:30 p.m.
5. As a direct and proximate result of Defendant Pastor’s negligence in causing the death of Steve E. Monterer, Plaintiffs Beverly Monterer and Stacy Rae McEnroe have sustained pecuniary loss, economic damages and loss, mental anguish, emotional pain and suffering, loss of society, loss of companionship, loss of comfort, loss of protection, loss of parental care, loss of advice, loss of counsel, loss of training, loss of guidance, loss of education and loss of filial care.
6. This Complaint was timely filed within three years of the death of Steve E. Monterer pursuant to §3-904 of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland.

WHEREFORE, Plaintiffs, Beverly Monterer, mother of Steve E. Monterer, and Stacy Rae McEnroe, by Sandy McEnroe, as Mother and Next Friend of Stacy Rae McEnroe, demand judgment against the Defendants for their wrongful death claims, jointly and severally pursuant to §3-904(c), in the amount of FIVE MILLION DOLLARS ($5,000,000.00) in economic and non-economic damages, compensatory damages, plus costs, pre-judgment interest and post-judgment interest.

COUNT II – SURVIVAL ACTION

The Plaintiffs incorporate herein by reference all preceding paragraphs.

1. Defendant Pastor owed Steve E. Monterer a duty to use reasonable care in operating and controlling his vehicle.
2. Defendant Pastor breached his duty owed to Steve E. Monterer when he failed to use reasonable care in operating his vehicle when he failed to yield the right-of-way to Steve E. Monterer and took his right-of-way by entering the intersection from the unfavored road onto the favored road when it was unsafe to do so.
3. Defendant Pastor caused the collision between Steve E. Monterer’s vehicle and his vehicle, and breached his duties owed to Steve E. Monterer.
4. As a direct and proximate result of Defendant Pastor’s breach of duties owed to Steve E. Monterer, Steve E. Monterer suffered from pre-impact fright and conscious pain and suffering until he was pronounced dead at 3:30 p.m. at Southern Maryland Hospital, approximately two hours after the accident.
5. As a direct and proximate result of Defendant Pastor’s breach of duty owed to Steve E. Monterer, the Estate or Steve E. Monterer has incurred funeral expenses and medical bills.
6. Plaintiffs bring a survival action pursuant to §7-401 of the Estates and Trusts Article for the aforementioned expenses, conscious pain and suffering and pre-impact fright suffered by Steve E. Monterer.

WHEREFORE, Plaintiff, Estate of Steve E. Monterer, by David Monterer as personal representative of the Estate of Steve E. Monterer, demands judgment against the Defendants, jointly and severally, in the amount of FIVE MILLION DOLLARS ($5,000,000.00) in economic and non-economic damages, compensatory damages, plus costs, pre-judgment interest and post-judgment interest.

COUNT III – NEGLIGENCE

The Plaintiffs incorporate herein by reference all preceding paragraphs.

1. Defendant Pastor had a duty to act reasonably and use due care while driving. Defendant Pastor had a duty to pay attention to pedestrians, to pay attention to traffic, to maintain a proper lookout, to obey traffic control devices, to obey the laws and rules of the State of Maryland, to maintain proper speed for the conditions, to reduce speed to avoid an accident and to control his vehicle to avoid a collision.
2. Defendant Pastor breached that duty of due care by failing to pay proper attention to the roadway, pedestrians and traffic, failing to maintain a proper lookout, failing to obey the traffic control device, failing to obey the laws and rules of the State of Maryland, failing to maintain proper speed for the conditions, failing to reduce speed to avoid an accident, failing to maintain a proper distance between vehicles and failing to control his vehicle in order to avoid a collision.
3. As a direct result of the automobile collision and the negligence of Defendant Pastor, Steve E. Monterer suffered conscious pain and suffering, sustained fatal bodily injuries, was admitted to Southern Maryland Hospital at approximately 2:23 p.m., and pronounced dead at 3:30 p.m.
4. As a direct result of the automobile collision and the negligence of Defendant Pastor, the Plaintiffs have suffered conscious pain and suffering, incurred medical expenses, funeral expenses and other damages.
5. All of the above damages were directly and proximately caused by the aforementioned negligence of Defendant Pastor, and were incurred without contributory negligence or assumption of the risk on the part of the decedent, Steve E. Monterer, or an opportunity for Steve E. Monterer to avoid the accident.

WHEREFORE, Plaintiff, Estate of Steve E. Monterer, by David Monterer as personal representative of the Estate of Steve E. Monterer, demands judgment against Defendant Pastor in the amount of FIVE MILLION DOLLARS ($5,000,000.00) in economic and non-economic damages, compensatory damages, plus costs, pre-judgment interest and post-judgment interest.

COUNT IV – RESPONDEAT SUPERIOR

The Plaintiffs incorporate herein by reference all preceding paragraphs.

1. At all times relevant hereto, Defendant Pastor was employed by, and was an agent, servant and/or employee of Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske.
2. The above-described acts of Defendant Pastor were committed within the scope of his employment with Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske, in that they were committed while on duty and in furtherance of Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske.
3. As Defendant Pastor’s employer, Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske are responsible for all of the negligent acts committed by Defendant Pastor within the scope of his employment.

WHEREFORE, Plaintiffs demand judgment against Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske, jointly and severally, in the amount of FIVE MILLION DOLLARS ($5,000,000.00), plus costs, pre-judgment interest and post-judgment interest.

COUNT V – NEGLIGENT ENTRUSTMENT

The Plaintiffs incorporate herein by reference all preceding paragraphs.

1. Defendant Pastor was employed by Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske.
2. The aforementioned acts described herein were committed within the scope of his employment with Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske, and Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske are responsible for those acts performed within the scope of Defendant Pastor’s employment.
3. Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske supplied and arranged for the use of equipment to Defendant Pastor.
4. Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske hired Defendant Pastor as a truck driver. Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske had a duty to investigate Defendant Pastor’s driving record and driving history.
5. Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske failed to properly investigate Defendant Pastor’s driving history and made insufficient efforts to investigate whether or not Defendant Pastor was a safe, fit and competent driver.
6. Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske knew, had reason to know or should have known, that Defendant Pastor had a record of dangerous, reckless and incompetent driving and that he would be likely to use the equipment provided in a manner involving unreasonable risk of physical harm.
7. Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske knew, had reason to know or should have known, that by contracting with Defendant Pastor, his use of a truck could involve the risk of physical harm to others.
8. The Decedent, Steve E. Monterer, was a member of a foreseeable class of persons who would be at risk of suffering physical harm as a result of Defendant Pastor’s operation of a truck.
9. The negligence of Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske in entrusting the equipment to Defendant Pastor concurrently and proximately caused injury to the Plaintiffs.

WHEREFORE, the Plaintiffs demand judgment against Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske, jointly and severally, in the amount of FIVE MILLION DOLLARS ($5,000,000.00), plus costs, pre-judgment interest and post-judgment interest.

COUNT VI – NEGLIENT HIRING AND RETENTION

The Plaintiffs incorporate herein by reference all preceding paragraphs.

1. Defendant Pastor was employed by Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske.
2. The aforementioned acts described herein were committed within the scope of his employment with Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske.
3. Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske are responsible for those negligent acts performed within the scope of Defendant Pastor’s employment.
4. Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske hired Defendant Pastor as a truck driver.
5. Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske had a duty to investigate Defendant Pastor’s driving record and driving history.
6. Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske failed to properly investigate Defendant Pastor’s driving history, and made insufficient efforts to investigate whether or not Defendant Pastor was a safe, fit and competent driver.
7. Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske knew, had reason to know or should have known, that Defendant Pastor had a record of dangerous, reckless and incompetent driving, and he would be likely to use the equipment provided in an unsafe manner involving unreasonable risk of physical harm.
8. Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske knew, had reason to know or should have known, that by contracting with Defendant Pastor, his use of a truck could involve the risk of physical harm to others. The acts and omissions of Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske caused the Plaintiffs’ injuries.
9. The negligence of Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske in hiring and/or retaining Defendant Pastor was a proximate cause of the Plaintiffs’ injuries.

WHEREFORE, the Plaintiffs demand judgment against Defendant Sevents Sales, d/b/a Mike & Mike Ice Cream Co and/or Defendant Penske in the amount of FIVE MILLION DOLLARS ($5,000,000.00), plus costs, pre-judgment interest and post-judgment interest.

Respectfully submitted,
MILLER & ZOIS, LLC

Laura G. Zois (ZO3111)
Ronald V. Miller, Jr. (MI4092)
Empire Towers, Suite 1001
7310 Ritchie Highway
Glen Burnie, Maryland 21061
(410)553-6000
(410)760-8922 (Fax)
Attorney for the Plaintiff

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