Preview

PA205

Satisfactory Essays
Open Document
Open Document
428 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
PA205
Unit 3: Assignment

PA110: Civil Litigation I

10/14/2013

Tajada Anderson

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS

JUSTIN WILLIAM KING, ) )
Plaintiff. ) ) )
v. ) )
ANHEUSER-BUSCH COMPANIES, INC. ) )
Defendant. )
____________________________________)

COMPLAINT

Comes now the plaintiff, Justin King, by and through his attorney, states as follows:

PARTIES AND JURISDICTION

1. Plaintiff, for all times mentioned herein, was and is a resident of Cook County, State of Illinois.

2. Defendant is a corporation with is principal place of business in Missouri and carries on business in Illinois.

This court has subject matter jurisdiction over the claims presented in this complaint under 28 U.S.C. § 1332 because plaintiff is a resident of Illinois and the defendant is a citizen of Missouri and the amount in controversy exceeds $75,000, exclusive of fees and costs.

Personal jurisdiction and venue are proper in this District pursuant to 28 U.S.C. § 1391 because the acts of defendant caused harm to plaintiff in Ford County, in the Northern District of Illinois.

COUNT I

On or about April 8, 2013, the plaintiff was en route back to his home after signing a three-year contract with MCI records after winning National Idol. The plaintiff was riding his motorcycle southbound on Highway 57 going a speed of 60-65 miles per hour. The defendant’s driver flashed his lights signaling the need to pass which the plaintiff obliged to. The plaintiff swerved to avoid falling cases of beer but was struck.

On the occasion in question, defendant, Anheuser-Busch Companies, Inc., the defendant failed to secure the cargo on his truck causing them to fall into the plaintiff’s path.

The load that fell off of the defendant's truck caused the plaintiff to swerve and be struck by a beer case.

Defendant had a duty to secure the load to their truck.

You May Also Find These Documents Helpful

  • Satisfactory Essays

    In the early morning hours of September 18, 1992, a police officer employed by defendant Town of Cheektowaga pulled over an automobile owned by plaintiff's decedent, Jacqueline Walsh. An acquaintance of Walsh was driving and she was a passenger. As the result of the traffic stop, the acquaintance was placed under arrest for driving while intoxicated. Based upon his observations of Walsh, the officer determined that Walsh was also intoxicated and unable to drive safely. The officer testified that he offered to call a cab or give Walsh a ride to any destination she chose, but Walsh…

    • 522 Words
    • 3 Pages
    Satisfactory Essays
  • Better Essays

    In the case of White v. Patrick Gibbs and O’Malley’s Tavern, Mrs. White is suing Mr. Gibbs and O’Malley’s Tavern in the death of her husband, Mr. White. Mr. Edward Hard was a patron of the tavern the night of the accident with Mr. and Mrs. White. Mr. Hard was in a relationship with Mrs. White before she married Mr. White. Mr. Hard saw Mr. and Mrs. White leave the tavern on this night and followed them out the door. Mrs. White observed Mr. Hard drinking several alcoholic beverages while they were there. When Mr. and Mrs. White where leaving Mr. Hard confronted Mr. White telling him that “she should be my wife” and “this is not over.” After Mr. and Mrs. White got in their car and were leaving the establishment, Mr. Hard followed them driving recklessly. He was swerving across the road, driving in the opposite lane, and hitting mailboxes. His recklessness and inability to drive due to being intoxicated resulted in him crashing into Mr. and Mrs. White’s vehicle ultimately killing Mr. White and severely injuring Mrs. White. This court case took place in United States District Court in the Northern District of Indiana. This is court case number 82A04-8876-CB285, White vs. Patrick Gibbs and O’Malley’s Tavern. The lawyers in this case are Benjamin Walton, Jordan Van Meter who represent the defendants Patrick Gibbs and O’Malley’s Tavern and Jackson Welch, Amanda Babot who represent the plaintiff Debbie White.…

    • 1382 Words
    • 4 Pages
    Better Essays
  • Good Essays

    Citation- Legal Brief

    • 1352 Words
    • 4 Pages

    The appellant signed a form releasing Kevin’s night club from any liability that might occur when riding the mechanical bull. Kevin’s placed mattresses around the mechanical bull to help cushion the fall when riders where thrown from the bull. However, it was found at the time of the appellant’s injuries the mattresses where not pushed adequately together. The appellant was thrown off the mechanical bull hitting his head on the floor where there was a gap in the mattresses causing serious head and other injuries.…

    • 1352 Words
    • 4 Pages
    Good Essays
  • Good Essays

    This is an action for damages in excess of the minimal jurisdictional limits of this court.…

    • 833 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    c. the plaintiff and the defendant reside in different states and the amount of the claim is under $75,000.…

    • 2589 Words
    • 11 Pages
    Satisfactory Essays
  • Good Essays

    Mr. Leighe Case Study

    • 390 Words
    • 2 Pages

    Mr. Leighe is charged with a hit and run, that caused a pedestrian to lose his life. Mr. Hall was riding his bike down the road, in front of Leighe, with his front and rear lights working properly, following all the rules. Leighe hit him with the front of his car, then drove away from the accident scene immediately. He had not only been drinking wine that evening, but also drove home, and hid his car at the back of his property. Leighe fled from the crime scene, had alcohol in his system, and hid the evidence. However, his driving record only consisted of two speeding tickets made more than 10 years ago. Leighe claims his car was frosted over making it visibly difficult to see and therefore had no intention of harming Mr. Hall. He also pleaded…

    • 390 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Mr. Class V.: Case Study

    • 1180 Words
    • 5 Pages

    (#4-7) According to the case, the plaintiff should not be held as semi liable for his injuries while attending the Daytona International Speedway. My client should receive a decision in his favor because NASCAR and the Daytona International Speedway were and are negligent in how races are conducted, the design of the speedway, and the lack of safety barriers to protect spectators, such as my client, from being severely injured during an event. There were several issues that NASCAR and the Daytona International Speedway are responsible for that resulted in the traumatic injury my client sustained. According to my client the numerous problems that resulted in the plaintiff’s injuries are:…

    • 1180 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    The violation of tailgating will also be applied as a defense, if the plaintiff was not following closely behind the truck he could have moved out of the way to avoid being injured. As representatives for the defendant Anheuser Bausch, our client did their duty in following traffic safety law by driving within the posted speed limit. Following too closely behind the truck was a breach of plaintiff’s duty in following the no tailgating law, thereby failing to exercise care for his own safety and that of other motorists. The posted speed limit is 55 miles per house plaintiff stated that he was riding 60 to 65 miles per hour which is well above the speed limit thereby constituting recklessness.…

    • 518 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Stephen assignment draft

    • 828 Words
    • 3 Pages

    rectify substantial injury to the financial interests or property of another”, Ill. Sup. Ct. R.…

    • 828 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    COME NOW, PLAINTIFF, by and through her attorney of record, Corey Lightner, Esq.. of YOUNG’S LAW FIRM, and hereby files their Motion for Summary Judgment. The rule governing this matter is Rule 1.510(c) of the Florida Rules of Civil Procedure.…

    • 2504 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    Justin King Answer

    • 1720 Words
    • 7 Pages

    Answer to paragraph 3. Defendants deny allegations that’s this court has proper jurisdiction to hear diversity cases as cited by Article III, §2 of the United States Constitution. The proper United States District is Northern District of Illinois.…

    • 1720 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    TCPA 227

    • 622 Words
    • 3 Pages

    This Court has federal question subject matter jurisdiction over Plaintiff’s TCPA claims pursuant to 28 U.S.C. § 1331; Mims v. Arrow Fin. Ser., Inc., 132 S.Ct. 740 (2012).…

    • 622 Words
    • 3 Pages
    Good Essays
  • Good Essays

    THIS CAUSE having come on to be heard before the Court upon the Wife’s Complaint for Divorce, and the Husband’s Counter Complaint for Divorce, and the Court having scheduled a Final Hearing for June 17, 2012, and the parties and their respective counsel having appeared before the Court on said date, and the parties having established residency during the Final Hearing, and the Court being otherwise fully advised the premises finds that:…

    • 1143 Words
    • 5 Pages
    Good Essays
  • Good Essays

    1. Whether the plaintiff was guilty of contributory negligence and assume the risk of particular accident?…

    • 488 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Business Law

    • 394 Words
    • 2 Pages

    Steve often purchases office supplies from Supplymax. a company with stores in many states, but none in Steve home state of Missouri. Supplymax does, however, maintain a distribution center in Kansas City. Missouri. Supplymax does not advertise in Missouri except that it places a few advertisements in national magazines. Some of which are sold in Missouri. Steve has an agreement with their store in Chicago. and Steve will often contact the Chicago store and have them hold items for him to pick up when he is on one of his frequent business trips to Chicago. Last year. Steve purchased eight chairs from Supplymax to use with his Conference table at his business. At a recent meeting with his local sales staff. One of the chairs collapsed injuring Steve. Steve has sued Supplyimax in state court in his hometown of St Louis. Supplymax does not want to have this case heard in Si. Louis. Or anywhere in Missouri for that matter. But if it must be in Missouri. Supplymax demands that the case be heard in Kansas City. Discuss the issues and likely outcome of his situation.…

    • 394 Words
    • 2 Pages
    Good Essays