ABOUT THIS FORM
This is a sample Complaint for a pedestrian accident wrongful death case in Maryland Circuit Court. The plaintiff was a pedestrian crossing through a crosswalk when she was hit and killed by a passing motorist. This sample complaint names the at-fault driver as the sole defendant and asserts one count for negligence. This lawsuit also has an additional count for wrongful death. (Her estate did not file a lawsuit for tactical reasons.)
IN THE CIRCUIT COURT OF MARYLAND FOR BALTIMORE CITY
Case No. 10-C-11-000219 OT
COMPLAINT – WRONGFUL DEATH
MARK HANSON, as Parent and Guardian of, DAVID HANSON, a Minor, (hereinafter referred to as “David”) by and through his attorneys, brings suit against the Defendant Wayne Duggers (hereinafter referred to as “Defendant”), and in support thereofstate as follows:
1. On or about, April 25, 2021, Susan Lattimore (“Ms. Lattimore”), deceased, was lawfully standing and waiting for the pedestrian signal to turn green on a pedestrian walkway island with minor David in his stroller, at the intersection of Philadelphia Road and Golden Ring Center in the State of Maryland.
2. At the same time and place, Defendant was operating a motor vehicle on eastbound Philadelphia Road at its intersection with Golden Ring Center in the State of Maryland.
3. At all times herein mentioned Ms. Lattimore (and, of course, David) acted in a reasonable and prudent manner, with due caution and regard for the motor vehicle laws of the State of Maryland. Ms. Lattimore was simply a mother waiting to safely cross the street with her son.
4. Defendant failed to control the vehicle he was operating and struck Ms. Lattimore with awful force, causing her great pain and, eventually, death. David was thrown in the roadway but, by some miracle, emerged without serious injury.
5. Steve and Sarah Lattimore are the surviving parents of Ms. Lattimore and are listed as Plaintiffs herein pursuant to Maryland Rule of Civil Procedure, 15-101, but are not represented by counsel.
Count I – Negligence
Plaintiff hereby incorporates paragraphs No. 1 through No. 5 of this Complaint fully as if the allegations were repeated at length herein.
6. Defendant had a duty to act reasonably and use due care while driving. Defendant had a duty 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, to maintain a proper distance between vehicles and to control the vehicle to avoid a collision.
7. Defendant breached that duty of due care by failing to pay proper attention to the roadway and the 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 his vehicle and the pedestrian walkway island and failing to control the vehicle in order to avoid a collision.
8. As a direct and proximate result of the negligence of Defendant, Ms. Lattimore suffered and died. David suffered some limited physical injuries. But David has the pain and suffering of losing his mother in this pedestrian accident, causing him to suffer mental anguish for the rest of his life.
9. All of the above damages were directly and proximately caused by the aforementioned negligence of the Defendant and were incurred without contributory negligence or assumption of the risk on the part of anyone.
WHEREFORE, MARK HANSON, as Parent and Guardian of, DAVID HANSON, a Minor, demands judgment against Defendant Duggers, in the amount of FOUR MILLION DOLLARS ($4,000,000.00) plus costs, pre-judgment interest, and post-judgment interest as this Court deems appropriate.
Count II – Wrongful Death
Plaintiff hereby incorporates paragraphs No. 1 through No. 9 of this Complaint fully as if the allegations were repeated at length herein.
10. That the death of Ms. Lattimore on April 25, 2021, was directly and proximately caused by the negligent actions of the Defendant.
11. That David, the surviving son of the late Ms. Lattimore, sustained pecuniary loss, mental anguish, emotional pain and suffering and other damages arising out of the death of Ms. Lattimore. Said differently, he has lost his mother in this tragic pedestrian accident.
WHEREFORE, MARK HANSON, as Parent and Guardian of DAVID HANSON, a Minor, demands judgment against Defendant Duggers, in the amount of Four Million Dollars ($4,000,000.00) in compensatory damages, plus interest and costs as this Court deems appropriate.
PLAINTIFFS’ REQUEST FOR JURY TRIAL
The Plaintiff, MARK HANSON, as Parent and Guardian of Minor Plaintiff David, pursuant to Maryland Rule 2-325, prays a trial by jury on all issues.
MILLER & ZOIS, LLC