Fill and Sign the Individually and as Administrator of the Estate of Form

CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFF VS. CIVIL ACTION NO. DEFENDANT COMPLAINT , individually and as Administrator of the Estate of , files this Complaint against and in support would show the following: I. PARTIES. 1. , an adult resident of The State of , is the only child of , deceased. is the duly appointed administrator of the Estate of , which has been opened in County, Mississippi. 2. is a corporation organized and existing under the laws of the State of Mississippi with its principal place of business in County, Mississippi. sold a mobile home on or about , . later delivered and installed that mobile home for . The above transaction and installation occurred within County, Mississippi. 3. 's agent for service of process is who may be served at . PLAINTIFF’S COMPLIANTS 4. This Court has jurisdiction over this cause and venue is proper. II. FACTS. 4. sold a mobile home on or about , . As part of that transaction, also delivered and installed the mobile home. 5. Installation of the mobile home included, among other things, constructing and setting up stairs leading to the front and back doors of the mobile hone. 6. installed the front stairs on mobile home so that one would walk up the stairs beside and parallel to the hone rather than perpendicular to and facing the home. Installation of the stairs in this way left a large "gap" at the top of the stairs which one had to jump over in order to enter the mobile home. A photograph accurately depicting the way in which installed the stairs is attached hereto as Exhibit 1. 7. As a result of the improper construction and installation of the stairs, fell from the stairs and sustained severe injuries. III. CLAIM ONE - NEGLIGENCE. 8. had a duty to exercise due care in installing the stairs to the mobile home of . breached that duty in the manner in which they installed the stairs and as a proximate result, sustained severe injury. IV. CLAIM TWO - WRONGFUL DEATH 9. Pursuant to Miss. Code Ann. 11-7-13, is a statutory beneficiary and entitled to bring this claim against for the wrongful death of . As a direct and proximate result of the aforementioned negligent, wanton and reckless conduct of , sustained severe injuries which proximately resulted in his/her death. Thus, pursuant to Miss. Code Ann. 11-17-13, a cause of action for wrongful death exists and , as the only child of , is entitled to damages. V. CLAIM THREE - PUNITIVE DAMAGES. 10. The manner in which constructed and installed the stairs to the mobile home of evidenced a willful, wanton and/or reckless disregard for the rights of and entitles the plaintiffs to receive punitive damages in an amount sufficient to punish for such conduct and deter it from committing similar acts in the future. VI. RELIEF. 11. demands the following relief from : (a) actual damages including, without limitation, medical expenses, pain and suffering, and all other damages sustained by the deceased; (b) punitive damages in an amount sufficient to punish and deter similar conduct in the future; (c) any and all other damages, costs or other charges which the Court deems appropriate. Respectfully submitted, _____________________________________ OF COUNSEL: ____________________________________