Fill and Sign the Faulty Construction Form

IN THE CIRCUIT COURT OF_________ COUNTY, ____________ NAME OF PLAINTIFF )       ) ) V. ) NO. ) ) NAME OF 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, _______. 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 ______________ ______, 20_____. _____________________ later delivered and installed that mobile home for _____________________. The above transaction and installation occurred within ___________ County, ___________. 3. _____________________'s agent for service of process is __________________ who may be served at _____________________. II. FACTS. 4. This Court has jurisdiction over this cause and venue is proper. 5. _____________________ sold _____________________ a mobile home on or about ______________ ______, 20___. As part of that transaction, _____________________ also delivered and installed the mobile home. 6. 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. - 1 - 7. _____________________ 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 hone. 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. 8. As a result of the improper construction and installation of the stairs, _____________________ fell from the stairs and sustained severe injuries. III. CLAIM ONE - NEGLIGENCE. 9. _____________________ 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 10. Pursuant to ________________ Code Ann. Sec. ____________________, _____________________ ______________ 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 death. Thus, pursuant to ___________ Code Ann. Sec. _________, a cause of action for wrongful death exists and _____________________, as the only child of _____________________, is entitled to damages. V. CLAIM THREE - PUNITIVE DAMAGES. 11. 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. 12. _____________________ demands the following relief from ________________: - 2 - (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: _____________________ - 3 -