West Palm Beach Complaint - Rear-End Collision for Mother and Children as Passengers

Now come the plaintiffs, by and through counsel, who complain against the defendant as follows:
COUNT ONE

1. The plaintiffs, at all times relevant to this complaint, were residents of the City of West Palm Beach, Palm Beach County, Florida.
2. The defendant, at all times relevant to this complaint, was a resident of City of West Palm Beach, Palm Beach County, Florida.
3. On or about October 9, 2002, the plaintiff, Mary Smith, was operating a vehicle in the southerly direction on School Street, in the City of West Palm Beach, Palm Beach County, Florida., and was stopped to make a left-hand turn at the address of 120 School Street.
4. At the above mentioned time and place, the defendant was also traveling in a southerly direction on School Street and caused his vehicle to collide with significant force with the rear of the vehicle operated by the plaintiff, Mary Smith.
5. The defendant was negligent in failing to maintain a proper lookout, failing to maintain proper speed, failing to have control of his vehicle, and his negligence was the proximate cause of the collision between the vehicles as set forth above.
6. The collision caused the plaintiff to be violently thrown within the vehicle and caused injuries to her body including, but not necessarily limited to, injuries to her head, neck, and back.
7. As a direct and proximate result of the negligence of the defendant, the plaintiff incurred, and will incur in the future, expenses for medical treatment, has lost wages, and in the future will continue to lose wages, has suffered and will in the future continue to suffer pain, mental anguish, and loss of enjoyment of life.
8. The plaintiff, Mary Smith, believes, and therefore alleges, that the injuries received in the above mentioned automobile collision are permanent and that she will incur permanent impairment.
9. As a result of the negligence of the defendant alleged in Count One, the plaintiff, Mary Smith, has suffered the loss of care, comfort, society, and companionship of her husband, Gary Smith.
WHEREFORE, the plaintiff, Mary Smith, demands judgment against the defendant for damages which are reasonable and just under the circumstances, together with interest, costs and such other and further relief as to this Honorable Court seems just and proper.
COUNT TWO
10. The plaintiffs repeat and reallege all of the allegations contained in paragraphs 1 through 8 of Count One of Plaintiffs’ Complaint as if set forth herein.
11. The plaintiff, Gary Smith, is and was at all times relevant to this complaint, the husband of the above mentioned, Mary Smith.
12. As a result of the negligence of the defendant alleged in Count One, the plaintiff, Gary Smith, has suffered the loss of care, comfort, society, and companionship of his wife, Mary Smith.
WHEREFORE, the plaintiff, Gary Smith, demands judgment against the defendant for damages which are reasonable and just under the circumstances, together with interest, costs and such other and further relief as to this Honorable Court seems just and proper.
COUNT THREE
13. The plaintiffs repeat and reallege all of the allegations contained in paragraphs 1 through 9 of Count One and paragraphs 10 through 12 of Count Two of Plaintiffs’ Complaint as if set forth herein.
14. The plaintiff, Susan Smith, is a minor and at all times relevant to this complaint, was the daughter of the above mentioned Gary Smith and was also a passenger in the vehicle at the time of the incident which is the subject of this claim.
15. As a direct and proximate result of the collision which has been set forth above, the plaintiff, Susan Smith, was violently thrown within the vehicle causing her to sustain severe and permanent injuries to her body including her shoulder, chest, elbow, and arms.
16. As a result of the carelessness and negligence of the defendant as set forth above, the plaintiff, Susan Smith, has incurred expenses for medical treatment, experienced pain and suffering, and will incur further pain and suffering into the future.
17. The plaintiff, Mary Smith, believes, and therefore alleges, that her daughter, Susan Smith, has sustained injuries which are permanent and will also incur permanent impairment.
WHEREFORE, the plaintiff, Susan Smith, demands judgment against the defendant for damages which are reasonable and just under the circumstances, together with interest, costs and such other and further relief as to this Honorable Court seems just and proper.
COUNT FOUR
19. The plaintiffs repeat and reallege all of the allegations contained in paragraphs 1 through 9 of Count One, paragraphs 10 through 12 of Count Two, and paragraphs 13 through 18 of Count Three of Plaintiffs’ Complaint as if set forth herein.
20. The plaintiff, Tommy Smith, is a minor and at all times relevant to this complaint, was the son of the said Gary Smith and was also a passenger in the vehicle which is the subject of this claim.
21. As a direct and proximate result of the negligence of the defendant, the plaintiff, Tommy Smith, was violently thrown within the vehicle and was struck on the head by the rear window of the vehicle which became dislodged by the collision causing him to suffer severe and permanent injuries to his head, neck, and back including, but not limited it, injuries to his occipital nerve area.
22. As a result of the carelessness and negligence of the defendant as set forth above, the plaintiff, Tommy Smith, has incurred and will in the future incur, expenses for medical treatment, has suffered great pain of body and mind, and has been permanently impaired.
WHEREFORE, the plaintiff, Tommy Smith, demands judgment against the defendant for damages which are reasonable and just under the circumstances, together with interest, costs and such other and further relief as to this Honorable Court seems just and proper.