Fill and Sign the Complaint Mississippi 497314712 Form

IN THE CIRCUIT COURT OF       COUNTY, MISSISSIPPI       , PLAINTIFF VS. NO.             AND       , DEFENDANTS COMPLAINT COMES NOW,       , PLAINTIFF, and files this his/her complaint against       and       , DEFENDANTS, and for cause would show unto the Court the following, to - wit: I. That Plaintiff,       , is an adult resident citizen of       County, Mississippi who resides at       ,       , Mississippi       . II. That Defendants,       and       are adult resident citizens of the state of       who may be served with the process of this court at       ,       ,       ,       ; that these Plaintiffs are the true owners of the real property, located at       ,       ,       County, Mississippi, more particularly       . III. That Defendant,       , is an adult resident citizen of       County, Mississippi, who can be served with process of this Court at his/her residence located at       ,       , Mississippi       . IV. That the Defendant,       , is an adult resident citizen of       County, Mississippi, who may be served with process of this Court at his/her place of Business which is       ,       , Mississippi,       . V. That Defendant,       , is a Limited Partnership which is duly registered with the Secretary of State of Mississippi and has as agent for process,       , who may be served with process of this Court at       ,       , Mississippi       . VI. That Defendant,       , is an adult resident citizen of       County, Mississippi who may be served with the process of this Court at his/her residence       ,       , MS       . VII. That Defendant,       , is a foreign corporation formed under the laws of the state of       which is qualified to do business in the State of Mississippi, and which is doing business herein as a       and is registered by the       . Process against Defendant,       may be had on Honorable       , Commissioner of Insurance of the State of Mississippi, at his/her office in the       ,       ,       ,       Judicial District of       County, Mississippi, said defendant's statutory agent for process in this state. VIII. That there are other "       " Defendants numbers 1 through 25, which are, at this time, unknown to Plaintiff; that said "       " Defendants consist of the sub - contractors that built, installed or maintained the home which is the subject of this lawsuit; that Plaintiff is making diligent search and inquiry to determine the identity and whereabouts of these "       " Defendants and will, with leave of Court, join them as Defendants in this action by Supplemental Pleading in accord with Rule 15 (d) of the Mississippi Rules of Civil Procedure as soon as they are identified, with their service relating back to the original date of the filing of this action. IX. That Plaintiff is the record owner of certain real property located at       , more particularly described as lot       , in       ,       County, Mississippi; that Plaintiff purchased the lot and the home thereon from Defendant,       , a Mississippi Corporation, hereinafter       with said deed of Conveyance being signed and delivered to plaintiff by       in his/her capacity as an officer of said Corporation; that the home situated on said lot was constructed by       , hereinafter       , under the personal supervision of       , hereinafter       and other       Defendants which have yet to be named and said residence was sold to Plaintiff by       ; that the layout and grading for the Subdivision in which the home is located was designed by       ; hereinafter       ; that the home on said lot was protected under a Warranty from       hereinafter       . X. That Defendants,       and husband/wife ,       , hereinafter       are the record owners of certain real property located at       , more particularly described as Lot       , in       ,       County, Mississippi which property is adjacent to the property described in Paragraph VIII, which belongs to Plaintiff, and both parcels of property share a common boundary which is delineated by       ; and that Defendant,       , hereinafter       is the resident of said lot and home and has been the resident of said lot and home at all time pertinent to this lawsuit. COUNT I XI. That Defendants       by and through Defendant       have made changes and continue to change the drainage pattern on Lot       in such a way that the entire flow of water from Defendant's back yard fails to drain causing flooding in Plaintiff's back yard and Plaintiff's home and such changes in the drainage of the land are a nuisance to the enjoyment of Plaintiff's property and as a proximate result of said nuisance, has impaired the value of said property. XII. That, as a direct and proximate result of the actions of Defendants       , Plaintiff's back yard, which has flooded on a regular basis causing water to enter Plaintiff's home and damaging the walls, floors and furnishings contained therein; that, as a direct and proximate result of the flooding in Plaintiff's back yard, the residence of Plaintiff has developed problems in the foundation of the home causing the value of the home to decline and causing damage to the interior walls, floors, frame and other structures in the home. COUNT II XIII. That Defendants,       and       and certain       yet to be named, constructed the home of Plaintiff in a negligent manner which does not conform to the accepted standards of the industry; that said Defendants owed a duty to Plaintiff to construct the home in a workmanlike manner; that said Defendants have breached this duty by constructing the home in a shabby manner; that the shabby construction has manifested itself through visible defects as well as latent defects in the home; that the negligent construction of the foundation of the home has resulted in shifting of the foundation causing structural damage to the home which has resulted in a decline in the value of the home; that said Defendants have been notified of the condition of the home and have failed to correct the problems with the home. XIV. That as a direct and proximate result of the negligent construction by said Defendants of the home in question, Plaintiff has suffered the loss of value in said home, mental pain and anguish, lost wages and the loss of the use and enjoyment of his/her home; COUNT III XV. That Defendants,       and       , designed and implemented the drainage scheme that exists in the       Subdivision and, as such had a duty to Plaintiff, as a purchaser of one of the lots therein to design and implement a drainage scheme that would reasonable protect the interests of all homeowners in the Subdivision; that said Defendants failed to develop a drainage system which would reasonably be expected to drain the lot of Plaintiff; XVI. That, as a direct and proximate cause of the failure of said Defendants to provide for adequate, drainage according to industry standards, Plaintiff’s home has flooded on a regular basis causing severe structural damage as well as damage to the interior of the said home and damage to the personal effects of Plaintiff which inhabit the ground floor of the home; that as a direct and proximate cause of the failure of said Defendants to provide adequate drainage, Plaintiff has suffered mental pain and anguish, lost wages and loss of personal property. COUNT IV XVII. That at all times material herein, Plaintiff was insured under the terms and conditions of a Warranty contract with Defendant,       , Home Enrollment Number       ; that all premiums due pursuant to said contract were fully paid and Plaintiff has fully and materially performed all acts precedent to collection of benefits under the terms of said contract. XVIII. That notwithstanding the terms and provisions of the Warranty contract, Defendant       has obstinately failed and refused to abide by the terms and conditions of said contract of insurance by failing to pay the benefits under the terms of said warranty contract; As a direct and proximate result,       has breached the contract existing between it and the Plaintiff, thereby resulting in actual damages to Plaintiff. XIX. That the Defendant,       , through its agents, servants and employees has wrongfully and without just cause or arguable reason denied the payment of the Plaintiff's claim without basis or justification; that the Defendant,       , has breached the contract on a tortious basis and has abused the Plaintiff and has caused his/her to endure emotional distress, suffering and financial hardship and has exerted superior economic and financial pressure upon the Plaintiff by virtue of their wrongful Allegations levied against his/her in refusing to pay the just and warranted claim under and pursuant to the Warranty; that, in addition to the contract damages and prejudgment interest herein demanded, the Defendant is liable to the Plaintiff for actual compensatory damages for emotional distress and mental suffering, financial deprivation and for punitive damages in willful and reckless disregard of the rights of the Plaintiff under and pursuant to said Warranty. COUNT V. XX. That, in order to avoid duplicity, Plaintiff adopts and realleges all jurisdictional and factual allegations contained above. XXI. That as a separate claim against Defendant,       , Plaintiff would show that said company willfully recklessly and maliciously failed to abide by the terms of the Warranty Contract mentioned above insofar as the same requires payment of losses suffered by Plaintiff with regard to structural defects and damage to Plaintiff's home; That said Defendant had a duty to deal in good faith with the Plaintiff considering his/her interests and to negotiate in good faith. Each of the aforementioned duties were obligations of the Defendants pursuant to the terms of the warranty contract and the common law of contracts. XXII. That notwithstanding the duties and obligations of the said Defendant, said Defendant has committed a willful and tortuous breach of said contract, has failed to deal in good faith with Plaintiff and has arbitrarily, capriciously and willfully breached the terms of said contract by failing to pay Plaintiff for the damages to his/her home. XXIII. That as a direct and proximate result of the misconduct of Defendant       , Plaintiff has suffered actual damages of $       or more. By reason of the willful, capricious and arbitrary misconduct of said Defendant, Plaintiff demands exemplary and punitive damages as against defendant in the amount to be assessed by the Court. DAMAGES XXIV. That, as a direct and proximate result of the intentional actions as well as the negligent actions of the Defendants named herein, Plaintiff has suffered a decline in the value of his/her home, damage to his/her possessions, his/her loss of enjoyment in his/her residence, and much mental pain and anguish; that these losses result in an actual monetary loss to Plaintiff of well over $       . WHEREFORE, PREMISES CONSIDERED, Plaintiff demands Judgment of, from and against the Defendants,       and       in the total sum of       ($       ) together with interest and all costs of court. WHEREFORE, PREMISES CONSIDERED, Plaintiff demands judgment of, from and against the Defendant,       and certain       Defendants as yet unnamed, in the total sum of       Dollars ($       ) together with interest and all costs of court. WHEREFORE, PREMISES CONSIDERED, Plaintiff demands judgment of, from and against the Defendant,       and       in the total sum of       Dollars ($       ) together with interest and all costs of court. WHEREFORE, PREMISES CONSIDERED, Plaintiff demands judgment of, from and against the Defendant,       , in the total sum of       Dollars ($       ) for actual damages and       Dollars ($       ) in punitive damages together with prejudgment interest, post - judgment interest attorney fees and all costs of Court. Respectfully submitted, _______________________________________       Attorney for       Of Counsel:                         Telephone:       MSB #       Attorney for