Complaint – Motorcycle Accident Case

ABOUT THIS FORM: Complaint in Motorcycle Accident Case

This is a Complaint for a personal injury case involving a motorcycle accident. The plaintiff in this complaint is a motorcycle rider who was injured when the defendant’s vehicle turned into him. The complaint asserts a single count of negligence against one defendant (the at-fault driver).


IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY

JOHN BIKER
123 Main Street
Annapolis, MD 21784

Plaintiff,

v.

JANICE TORTFEASOR
12 Baddriver Lane
Columbia, MD 21045

Defendant.

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COMPLAINT

Plaintiff, John Biker, by and through his attorneys, Ronald Justice and Justice, White & Smith, bring suit against the Defendant, Janice Tortfeasor, and states as follows:

PARTIES

    1.   That at all times relevant to this claim, Plaintiff, John Biker, was/is an adult resident of Berkeley County, West Virginia.

    2.   That at all times relevant to this claim, the Defendant was/is an adult resident of Anne Arundel County, Maryland.

PARTIES

    3.   Venue is proper in Anne Arundel County pursuant to Md. Cts. & Jud. Pro. Code § 6-201(a) because the Defendant resides in Anne Arundel County and pursuant to Md. Cts. & Jud. Pro. Code § 6-202(8) because the tort which is the cause of this action arose in Anne Arundel County.

    4.    There is personal jurisdiction pursuant to Md. Cts. & Jud. Pro. Code § 6-102 and
6-103.

    5.   The collision occurred in Anne Arundel County, Maryland on W. Potomac Street.

FACTS

Plaintiff incorporates the foregoing paragraphs of this Complaint as though they are fully repeated herein.

    6.    On or about March 16, 2016, Plaintiff, John Biker, was traveling on W. Potomac Street in Williamsport, Maryland.

    7.    Plaintiff, John Biker, operated his vehicle in a reasonable and prudent manner, with due caution and regard for the motor vehicle laws of the State of Maryland.

    8.    At the same time and place, the Defendant was operating a motor vehicle, which she owned, and made an illegal U-turn in front of Mr. Crabtree’s motorcycle.

    9.    Defendant, Janice Tortfeasor’s front bumper struck the front tire of Plaintiff, John Biker’s front tire causing him to crash to the ground.

    10.    As a direct and proximate result of this collision, Plaintiff, John Biker, sustained severe and permanent injuries.

    11.    As a direct and proximate result of the collision, Plaintiff, John Biker, incurred medical expenses in the past, medical expenses into the future, lost wages in the past, and future loss of earning capacity, inconvenience, disfigurement, mental anguish in the past, mental anguish into the future, physical pain and suffering in the past, and physical pain and suffering that he is expected to endure into the future.

COUNT I
(Negligence)

Plaintiff, John Biker, incorporates the foregoing paragraphs of this Complaint as though they are fully repeated herein.

    12.   Defendant had a duty to act reasonably and use due care while driving her vehicle. This duty included but was not limited to reasonably paying attention to traffic and other vehicles on the roadway; maintaining a proper lookout; obeying traffic control devices; obeying the laws and rules of the state of Maryland; maintaining proper speed for the conditions; reducing speed or stopping to avoid a collision; maintaining a proper distance between vehicles; and controlling her vehicle to avoid a collision with other vehicles on the roadway.

    13.   Defendant breached that duty when she failed to reasonably control her vehicle resulting in a collision with the Plaintiff. Defendant breached that duty when she failed to act reasonably and use due care while driving her vehicle; failed to reasonably pay attention to traffic and other vehicles on the roadway; failed to maintain a proper lookout; failed to obey traffic control devices; failed to obey the laws and rules of the state of Maryland; failed to maintain proper speed for the conditions; failed to reduce speed or stopping to avoid a collision; failed to maintain a proper distance between vehicles; and failed to control her vehicle to avoid a collision with other vehicles on the roadway.

    14.   As a direct and proximate cause of the negligence of Defendant, Plaintiff, John Biker, sustained severe and permanent injuries.  Plaintiff’s damages include but are not limited to: medical expenses in the past, medical expenses into the future, lost wages in the past, and future loss of earning capacity, inconvenience, disfigurement, mental anguish in the past, mental anguish into the future, physical pain and suffering in the past, and physical pain and suffering that he is expected to endure into the future.

    15.    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 the Plaintiff John Biker.

            WHEREFORE, Plaintiff, John Biker, demands judgment against Defendant in an amount greater than $75,000.00, plus costs, pre-judgment interest, and post judgment interest as this honorable Court deems appropriate.

 

JUSTICE, WHITE & SMITH, LLC

                                           
Ronald Justice
2 Hopkins Plaza
Baltimore, MD 21201
p: 410-555-5000
f:  410-444-5566

 

REQUEST FOR JURY TRIAL

Plaintiff hereby requests a jury trial on the issues presented in this matter.

                                           
Ronald Justice