Fill and Sign the Partial Personal Form

IN THE ______________ COURT OF ______________ COUNTY STATE OF ________________       ) )       ) Petitioner/Plaintiff, ) ) ) NO.       Vs. ) )       ) Respondent/Defendant ) ) PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT PURSUANT TO RULE __________ Comes the Plaintiff, _______________, Administrator of the Estate of _______________, Deceased, and files this her Motion for Partial Summary Judgment against the Defendants _______________, a Minor and _______________, on the issue of negligence and proximate causation as to the wreck and the death of _______________, pursuant to Rule ____ of the _______________ Rules of Civil Procedure. Plaintiff charges and will show that there exists no genuine issue of material fact as to the liability of the Defendants as to the cause of the wreck and the death of _______________ being a proximate result of the wreck which is the subject of this action. In support of her Motion for Partial Summary Judgment, Plaintiff specifies the following undisputed facts: 1. That _______________ died as a direct result of the wreck which occurred on the ______ day of ____________, 20____, when her _______________ Automobile - 1 - was collided with by the _______________ Pickup Truck being driven by the Defendant, _______________, a minor, on __________ road, _______________, _______________, _______________. (Answer of Defendants to Complaint Paragraph 4) 2. That the collision which caused the death of _______________ occurred entirely within the lane of travel of _______________. (Answer of Defendants to Complaint, Paragraph 4). 3. That the collision with _______________'s vehicle occurred entirely within the lane of travel for northbound traffic on _______________ road, which was the lane of travel in which _______________ was traveling before the Collision. (Response to Plaintiff's Request for Admission No.5 Admitted.) 4. That immediately before the collision _______________ crossed the centerline of _______________, which at said point there was a solid double yellow line. (Response of Defendants to Plaintiff's Request for Admission No. 4, Admitted). 5. That _______________'s vehicle was struck by _______________'s vehicle while _______________ was entirely in her proper lane of travel. (Defendants' Response to Plaintiff's Request for Admission No.13, Admitted.) 6. That _______________, _______________'s natural father, signed _______________'s application for _______________ Driver's License agreeing to be responsible for _______________'s negligence until _______________ reached his seventeenth (17th) birthday. (Defendant's Response to Plaintiff's Request for Admission No. 11, Admitted). 7. Plaintiff's Interrogatory Number 4 to the Defendants reads: "State in specific factual detain how you contend the collision between the _______________ pickup truck driven - 2 - by _______________ and the _______________ automobile driven by _______________ occurred, and state the reasons why the collision occurred." Defendants' Response: "Just before the accident happened I remember seeing the car coming toward me dim its lights. As I was coming up to that curve I remember touching my brakes and the rear tires started sliding to the left. That's the last thing I remember." Plaintiff submits that the sole proximate cause of the collision and the death of _______________ is as a matter of law, the negligence of _______________ in failing to have his vehicle under control, driving it over across a double yellow line and into the lane of travel for _______________, causing the collision to occur entirely within her lane of travel. That the negligence of _______________, a minor under the age of 17 years is chargeable to the Defendant, _______________, pursuant to law and the _______________ Drivers License Application signed by _______________ for _______________. Wherefore, Plaintiffs Move the Court to grant unto them a Partial Summary Judgment that the sole proximate cause of the wreck was the negligence of _______________, for which the Defendant, _______________ is responsible, and that the death of _______________ proximately resulted from the collision and the negligence of the Defendant, _______________. This the ____ day of ______________, 20___. Respectfully submitted, Dated: Name: Title: Address: Address: City, State, Zip: Phone: Fax: E-Mail: Attorney No.: CERTIFICATE OF SERVICE - 3 - 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____. _________________________________ - 4 -