West Palm Beach, Florida - Automobile Accident Complaint—Whiplsh Injury

West Palm Beach, Florida - Automobile Accident Complaint—Whiplsh Injury

SUPERIOR COURT FOR THE STATE OF ______
COUNTY OF __________
HENRY WILLIAMS,
Plaintiff

v. C.A. No. ______

DAVID GREEN,
Defendant.

COMPLAINT

1. Plaintiff, Henry Williams (“Williams”), is a resident of (city/town), County of (county), State of (state).

2. Defendant, David Green (“Green”), is a resident of (city/town), County of (county), State of (state).

3. The amount of controversy satisfies the jurisdictional requirements of this Court and venue is proper in this Court as this action arose within (county and state or other applicable basis for venue).

COUNT I

4. Williams incorporates by reference paragraphs 1 through 3 above as if again set forth in full.

5. On or about (insert date) at approximately (insert time), Williams was driving a motor vehicle owned and operated by him (the “Williams Vehicle”) in an easterly direction on First Avenue.

6. At that time and place, Green was also operating a motor vehicle owned by him (the “Green Vehicle”) and Green operated the Green Vehicle negligently so as to cause it to strike the Williams Vehicle, sideswiping it as the Green Vehicle attempted to pass the Williams Vehicle on the right-hand side.

7. Green owed Williams the duty to exercise reasonable care in the operation of the Green Vehicle and Green breached that duty when he failed to operate the Green Vehicle in a safe, reasonable and prudent manner.

8. As a direct and proximate result of Green’s breach of duty and the resulting impact and collision of the Green Vehicle with the Williams Vehicle, Williams suffered and sustained severe injuries and damages including a hyperextension reaction in the cervical spine causing a deceleration injury impact to Williams’ body as the Williams Vehicle was sideswiped and struck from the rear and rear quarter, causing Williams’ neck’s musculature to extend beyond normal physiological limits, leading to hemorrhage, edema, spasm and pain. Williams also sustained and suffered persistent symptoms that have been documented by clinical objective medical findings, x-ray, CT and MRI changes, including loss of lordotic curvature, permanent physical impairment, and the loss of physical function to the cervical spine. Williams’ injuries include subluxation, dislocation and fracture.

9. The aforementioned injuries have caused Williams to incur substantial medical treatment, a loss of earning capacity, a loss of earnings and other perquisites and fringe benefits, pain, suffering and other incidental consequential damages.
WHEREFORE, Williams demands judgment against Green in an amount that exceeds the jurisdictional requirements of this Court plus interest and costs, and Williams demands such other and further relief as this Court may deem just, proper and equitable.

PLAINTIFF, HENRY WILLIAMS
By his attorneys,

_________________________

Plaintiff, Henry Williams, demands a trial by jury on all issues triable as a right by a jury in the within action.

PLAINTIFF, HENRY WILLIAMS
By his attorneys,

___________________________