Fill and Sign the Amended Complaint 497426648 Form

IN THE ______________ COURT OF ______________ COUNTY STATE OF ________________       ) )       ) Petitioner/Plaintiff, ) ) ) NO.       Vs. ) )       ) Respondent/Defendant ) ) AMENDED COMPLAINT _______________, ("_______________"), individually and as Administrator of the Estate of _______________, files this Complaint against _______________, ("_______________"), and _______________, ("_______________") 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 _______________, which has been opened in ________ County, ________. 2. _______________ is a corporation organized and existing under the laws of the State of __________ with its principal place of business in __________ County, __________. _______________ sold _______________ a mobile home on or about the ______ day of ____________, 20____. The purchase price of that home paid to _______________ by _______________ included the price of complete installation of the mobile home. The above transaction and installation occurred within __________ County, __________. - 1 - 3. _______________'s agent for service of process is _______________, who may be served at ______________________________, ________. 4. ________________, ("_______________"), is a corporation organized and existing under the laws of the State of __________, with its principal place of business in __________ County, __________. At the request of _______________, _______________ undertook activities to completely install the mobile home purchased by _______________ from _______________, including the installation of stairs necessary for ingress to and egress from the mobile home. _______________ acted as the agent of _______________ for the purpose of installing the mobile home purchased by _______________. The above installation occurred within __________ County, __________. 5. _______________'s agent for service of process is _______________, who may be served at ______________________________, _________. 6. This Court has jurisdiction over this cause and venue is proper. II. FACTS. 7. _______________ sold _______________ a mobile home on or about the ______ day of ____________, 20____. Included in the purchase price paid by _______________ to _______________ was the price for the delivery and complete installation of the mobile home. As agent of _______________, _______________ undertook the job to deliver and install the mobile home. 8. Installation of the mobile home included, among other things, constructing and setting up stairs leading to the front and back doors of the mobile home. 9. _______________, as agent of _______________, installed the front stairs on _______________’s mobile home so that one would walk up the stairs beside and parallel to the home, rather than perpendicular to and facing the home. Installation of the stairs in this way - 2 - 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. 10. As a result of the improper construction and installation of the stairs, _______________ fell from the stairs and sustained severe injuries, which proximately caused his death. III. CLAIM ONE - NEGLIGENCE 11. _______________ 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 injuries. 12. _______________ acted as the agent of _______________ for the purpose of delivering and installing the mobile home purchased by _______________, and installing the stairs necessary for ingress to and egress from _______________'s mobile home through the front door of the mobile home. 13. Delivery and installation of the mobile home purchased by _______________ and installation of the stairs necessary for ingress to and egress from _______________'s mobile home through the front door of the mobile home is within the scope of the agency relationship between _______________, as principal, and _______________, as agent. 14. _______________, as principal, is vicariously liable for the negligence of _______________, its agent for the purpose of delivering and installing the mobile home purchased by _______________, and installing the stairs necessary for ingress to and egress from _______________'s mobile home through the front door of the mobile home. - 3 - IV. CLAIM TWO - WRONGFUL DEATH 15. Pursuant to _________ Sec. ______, _______________ is a statutory beneficiary and entitled to bring this claim against _______________ and _______________ for the wrongful death of _______________. As a direct and proximate result of the aforementioned negligent, wanton and reckless conduct of _______________ and _______________, _______________ sustained severe injuries, which proximately resulted in his death. Thus, pursuant to __________ Sec. ______, a cause of action for wrongful death exists, and _______________, as the only child of _______________, is entitled to damages. V. CLAIM THREE - PUNITIVE DAMAGES 16. 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 _______________ and _______________ for such conduct and deter it from committing similar acts in the future. VI. CLAIM FOUR - BREACH OF IMPLIED WARRANTY 17. _______________ is a "merchant" under _________ Sec. _______ with respect to mobile homes. Mobile homes are "goods" under _________ Sec. ______. Stairs which are necessary for ingress to and egress from the mobile home are a necessary component of the overall "good". In accordance with _________ Sec. ______, an implied warranty by _______________ that the mobile home was merchantable accompanied the sale of the mobile home to _______________. 18. For the mobile home to be merchantable, the mobile home must be fit for the ordinary purpose of use as a dwelling by its purchaser and intended inhabitant and permit the inhabitant to live free of serious defects to health and safety. Failure to provide stairs installed in - 4 - such a manner as to permit safe ingress to and egress from the mobile home by _______________ renders this good unfit for the ordinary purpose of use as a dwelling by _______________ and constitutes a breach of the warranty of merchantability by _______________. 19. As the proximate result from this breach of the implied warranty of merchantability, _______________ fell from the stairs installed on the mobile home and suffered personal injury. Accordingly, the Estate of _______________ is entitled to damages for this breach of the implied warranty of merchantability pursuant to _________ Secs. _____ and _______. VII. RELIEF 20. _______________ demands the following relief from the Defendants: (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, Dated: Name:       Title:       Address: Address: City, State, Zip: Phone: Fax: E-Mail: Attorney No.: - 5 - CERTIFICATE OF SERVICE I, ______________________________, do hereby certify that I have this day mailed, U.S. Mail, postage prepaid, a true and correct copy of the above and foregoing to __________________________________, at the following address; ___________________________________________________________________ THIS the ____ day of _____________, 20____. _________________________________ - 6 -