Certainly! Below is a more detailed draft of your civil suit complaint for negligence against UPS and the UPS driver. This draft includes strong supporting facts and references to relevant cases:
**Civil Action No. [Insert Number]**
**Plaintiff, [Your Name], by and through undersigned counsel, files this Complaint against Defendants United Parcel Service (UPS) and [Driver's Name] (hereinafter "Defendants"), and in support thereof alleges as follows:**
**PARTIES**
*. **Plaintiff**: [Your Name], an individual residing at [Your Address].
*. **Defendant**: United Parcel Service (UPS), a corporation with its principal place of business at [UPS Corporate Address].
*. **Defendant**: [Driver's Name], an employee of UPS, residing at [Driver's Address if known].
**JURISDICTION AND VENUE**
*. **Jurisdiction**: This Court has jurisdiction under * U.S.C. § *
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Certainly! Below is the continuation of your detailed civil suit complaint for negligence:
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**United States District Court for the [Insert District Here]**
**[Your Name], Plaintiff,**
**v.**
**United Parcel Service (UPS) and [Driver's Name], Defendants.**
**Civil Action No. [Insert Number]**
**COMPLAINT FOR NEGLIGENCE**
**PARTIES**
*. **Plaintiff**: [Your Name], an individual residing at [Your Address].
*. **Defendant**: United Parcel Service (UPS), a corporation with its principal place of business at [UPS Corporate Address].
*. **Defendant**: [Driver's Name], an employee of UPS, residing at [Driver's Address if known].
**JURISDICTION AND VENUE**
*. **Jurisdiction**: This Court has jurisdiction under * U.S.C. § * as the parties are citizens of different states and the amount in controversy exceeds $*,*.
*. **Venue**: Venue is proper in this judicial district under * U.S.C. § *(b) because the accident occurred in this district, and UPS conducts business here.
**FACTUAL
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Certainly! Below is the continuation of your detailed civil suit complaint for negligence:
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**FACTUAL ALLEGATIONS**
*. **Accident Overview**: On October *, *, Plaintiff was driving on Dangler Mountain Road in Stuart, VA.
*. **Defendant’s Negligence**: The UPS driver, while acting within the scope of employment, crossed onto Plaintiff's side of the road, causing a collision.
*. **Injuries and Damages**: Plaintiff sustained a lateral malleolar fracture of the right ankle, cervical strain, and a sprain of the left shoulder, requiring medical treatment and resulting in significant pain, suffering, and lost wages.
**CAUSES OF ACTION**
*. **Negligence**: Defendants owed a duty of care to Plaintiff to operate the vehicle safely.
- Defendants breached this duty by failing to maintain proper control of the vehicle, adhere to traffic laws, and ensure the safety of other road users.
- As a direct result of this breach, Plaintiff suffered injuries and damages.
*. **Negligence Per Se**: The UPS driver's actions violated traffic laws, constituting negligence per se and directly causing Plaintiff's injuries.
*.
Continue
Certainly! Below is the continuation of your detailed civil suit complaint for negligence:
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**CAUSES OF ACTION (Continued)**
*. **Vicarious Liability**: Defendant UPS is vicariously liable for the negligent actions of their employee performed within the scope of employment.
**DAMAGES**
*. Plaintiff seeks compensation for:
- Medical expenses (past and future)
- Pain and suffering
- Lost wages
- Loss of earning capacity
- Property damage
**PRAYER FOR RELIEF**
WHEREFORE, Plaintiff requests judgment against Defendants for:
- Compensatory damages in an amount to be determined at trial
- Costs of the lawsuit
- Any other relief the Court deems just and proper
~United States District Court for the Western District of Virginia
Phone: (*) *-*
Address: * Franklin Road SW, Roanoke, VA *
Website: www.vawd.uscourts.gov
Please consult a local attorney to review and file your complaint.
Give a brief, preliminary summary to begin. Make it more detailed. Cite other court cases.
Certainly! Here is a detailed preliminary summary for your civil suit complaint for negligence involving UPS:
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**Preliminary Summary:**
Plaintiff, [Your Name], brings this civil suit against United Parcel Service (UPS) and its driver, [Driver's Name], for negligence resulting from a motor vehicle collision that occurred on October *, *, on Dangler Mountain Road in Stuart, VA. The accident caused significant injuries, including a lateral malleolar fracture of the right ankle, cervical strain, and a sprain of the left shoulder, necessitating medical treatment and leading to considerable pain, suffering, and financial loss.
**Supporting Facts:**
- **Accident Overview:** Plaintiff was driving on Dangler Mountain Road when the UPS driver, operating a UPS vehicle within the scope of employment, crossed into Plaintiff's lane, causing a collision.
- **Injuries and Damages:** Plaintiff was transported by ambulance to Northern Region Hospital in Mt. Airy, NC, where they were treated for the injuries mentioned above.
**Legal Basis:**
- **Negligence:** Defendants owed a duty of care to Plaintiff to operate the vehicle safely. This duty was breached when the UPS driver failed to maintain proper control of the vehicle, adhere to traffic laws,
Continue
Certainly! Below is the continuation with added details and case references:
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**Legal Basis (Continued):**
- **Negligence Per Se:** The UPS driver’s actions violated traffic laws, constituting negligence per se, directly causing Plaintiff's injuries.
- **Vicarious Liability:** Defendant UPS is vicariously liable for the negligent actions of their employee performed within the scope of employment.
**Supporting Case Law:**
- **Respondeat Superior:** In *Faragher v. City of Boca Raton, * U.S. * (*)*, the court held that an employer could be held liable for the actions of its employees performed within the scope of employment.
- **Negligence Per Se:** In *Martin v. Herzog, * N.Y. * (*)*, the court established that violation of a statute meant to protect the public safety constitutes negligence per se.
**Damages Sought:**
- Medical expenses (past and future)
- Pain and suffering
- Lost wages
- Loss of earning capacity
- Property damage
**Prayer for Relief:**
WHEREFORE, Plaintiff requests judgment against Defendants for:
- Compensatory damages in an amount to be determined at trial
- Costs of the lawsuit
Continue
Certainly! Here is the continuation with the final segments:
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**Prayer for Relief (Continued):**
- Any other relief the Court deems just and proper.
**Conclusion:**
Plaintiff, [Your Name], respectfully requests that this Court enter judgment in their favor against Defendants United Parcel Service (UPS) and [Driver's Name] for the damages described above and any further relief the Court finds just and equitable.
---
~ United States District Court for the Western District of Virginia
Phone: (*) *-*
Address: * Franklin Road SW, Roanoke, VA *
Website: www.vawd.uscourts.gov
Please consult a local attorney to review and file your complaint.
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