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

IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI VS. CIVIL ACTION NO. 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 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 mobil e home on or about , . The purchase price of that home paid to by included the price of complete installation of the mobile home. The above transaction and inst allation occurred within County, Mississippi. 3. 's agent for service of process is who may be served at , Mississippi . 4. (" ") is a corporation organized and existing under the laws of the State of Mississippi with its principal place of business in County, Mississippi. 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. a cted as the agent of for the purpose of installing the mobile home purchased by . The above installation occurred within County, Mississippi. 5. 's agent for service of process is who may be served at , , Mississippi . 6. This Court has jurisdiction over this cause and venue is proper. II. FACTS. 7. sold a mobile home on or about , . 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 mobile home so that one would walk up the stairs beside and parallel to the home rather than perpendicular t o 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 t he 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/her death. III. CLAIM ONE - NEGLIGENCE 11. had a duty to exercise due care in installing the stairs to the mobile hom e of . breached that duty in the manner in which they installed the stairs and a s 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 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 mobile home through the front door of the mobile home is within the scope of the agency relationship between , as principal, a nd , 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. IV. CLAIM TWO - WRONGFUL DEATH 15. Pursuant to Miss. Code Ann. Sec. 11-7-13, 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 Miss. Code Ann. Sec. 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 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 Miss Code Ann. Sec. 75-2-104(1) with respect to mobile homes. Mobile homes are "goods" under Miss. Code Ann. Sec. 75-2-105(1). Stairs which are necessary for ingress to and egress from the mobile home are a necessary component of the overall "good". In accordance with Miss. Code Ann. Sec. 75-2-314, 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 t he inhabitant to live free of serious defects to health and safety. Failure to provide stai rs installed in such a manner as to permit safe ingress to and egress from the mobile home by renders this mobile home 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 pe rsonal injury. Accordingly, the Estate of is entitled to damages for this breach of the im plied warranty of merchantability pursuant to Miss. Code Ann. Secs. 75-2-714(3) and 75-2-715(2)(b). 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, ___________________________________ ATTORNEYS FOR AND FOR THE ESTATE OF OF COUNSEL:_________________________________ CERTIFICATE OF SERVICE I, certify that I have this day caused the above to be hand delivered as follows: THIS, the day of , 20 . __________________________________