Complaint and Summons Capstone
IN THE SUPERIOR DISTRICT COURT
FOR THE CONNECTICUT DISTRICT OF KAMPOO DIVISION 12
RETURN DATE: AUGUST 30, 2013 : SUPERIOR COURT :
SHAYLA SMITH, A MINOR CHILD
AND MARY SMITH N/O/F : Plaintiff, : J. D. OF CONNECTICUT v. : AT NEW HAMSHIRE
OD FAMILY CAMPGROUND, INC. :
ROBERT TUTTLE :
SUSAN TUTTLE : Defendants. : August 24, 2013
COMPLAINT
COUNT ONE – NEGLIGENCE (OD Family Campground)
1. The Plaintiff, Shayla Smith a minor child by and through Mary Smith N/O/F, (Plaintiff), is a resident of New Hartford, Connecticut. 2. Upon information and belief, Defendant, Owen and Dolly Jones Operate the OD Family Campground. 3. On or about August 16, 2012, Shayla Smith sustained an Injury while jumping into the pool at OD Family Campground. 4. The Defendant knew or should have known of the aforesaid conditions on their property. 5. As the property owner, the Defendant was in control of the property and had a duty to remediate the conditions and make sure the warning signs of the pool were listed and the dangers of no life guard on duty but failed to do so prior to the Plaintiff’s Injury. 6. On or about August 16, 2012, Tamara Jones and Shayla Smith decided to jump into the pool whereas Tamara saved Shayla by jumping in the pool to pull Shayla Smith out once she realized that Shayla had sustained the Injury. 7. The damages and losses sustained by the Plaintiff were directly and proximately caused by the negligence in carelessness of the Defendant, their agents, servants and/or employees, in one or more of the following ways: a. They allowed and permitted an unreasonably, dangerous, hazardous and unsafe condition to exist in the in the pool area of OD Campground; b. They failed to use reasonable care to maintain and inspect the pool area where the Plaintiff got injured; c. They failed and neglected to provide for adequate warning signs at the pool area where
FOR THE CONNECTICUT DISTRICT OF KAMPOO DIVISION 12
RETURN DATE: AUGUST 30, 2013 : SUPERIOR COURT :
SHAYLA SMITH, A MINOR CHILD
AND MARY SMITH N/O/F : Plaintiff, : J. D. OF CONNECTICUT v. : AT NEW HAMSHIRE
OD FAMILY CAMPGROUND, INC. :
ROBERT TUTTLE :
SUSAN TUTTLE : Defendants. : August 24, 2013
COMPLAINT
COUNT ONE – NEGLIGENCE (OD Family Campground)
1. The Plaintiff, Shayla Smith a minor child by and through Mary Smith N/O/F, (Plaintiff), is a resident of New Hartford, Connecticut. 2. Upon information and belief, Defendant, Owen and Dolly Jones Operate the OD Family Campground. 3. On or about August 16, 2012, Shayla Smith sustained an Injury while jumping into the pool at OD Family Campground. 4. The Defendant knew or should have known of the aforesaid conditions on their property. 5. As the property owner, the Defendant was in control of the property and had a duty to remediate the conditions and make sure the warning signs of the pool were listed and the dangers of no life guard on duty but failed to do so prior to the Plaintiff’s Injury. 6. On or about August 16, 2012, Tamara Jones and Shayla Smith decided to jump into the pool whereas Tamara saved Shayla by jumping in the pool to pull Shayla Smith out once she realized that Shayla had sustained the Injury. 7. The damages and losses sustained by the Plaintiff were directly and proximately caused by the negligence in carelessness of the Defendant, their agents, servants and/or employees, in one or more of the following ways: a. They allowed and permitted an unreasonably, dangerous, hazardous and unsafe condition to exist in the in the pool area of OD Campground; b. They failed to use reasonable care to maintain and inspect the pool area where the Plaintiff got injured; c. They failed and neglected to provide for adequate warning signs at the pool area where