IN THE COURT OF COMMON PLEAS
BLACKACRE
CAIN ABRAHAMSON
123 Main St.
Blackacre, Homestate, 37373
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Case No. 15-3728
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Judge Markhamson
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COMPLAINT; JURY DEMAND
ENDORSED HEREON
Plaintiff
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v.
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ABEL ABRAHAMSON
47477 Innocent Ave.
Blackacre, Homestate, 33333
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Jeff Rey
123 Apple Street
Blackacre, Homestate 12345
Telephone: (417) 867-5309
Facsimile: (417) 555-0111
Attorneys for Plaintiff
Defendant
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NOW COMES Plaintiff, Cain Abrahamson, with his counsel Jeff Rey, bringing a claim
against Abel Abrahamson for the following reasons:
CLAIM FOR RELIEF - NEGLIGENCE
1.
On January 31, 2011, at approximately 7:30 AM, Plaintiff, Cain Abrahamson was
traveling southbound on Interstate 75 at the 205 mile marker in Blackacre.
2.
Plaintiff was stopped behind numerous other cars in heavy traffic in the right lane.
3.
At that time, Defendant, Abel Abrahamson negligently crashed into Plaintiff, rear ending
his vehicle when his auto rolled forward.
4.
The Blackacre Police Department arrived on the scene at 7:47AM and filed a police
report related to the crash.
5.
As a result of the crash, Plaintiff has endured severe spinal trauma and had to undergo
neck surgery, damage to his automobile, and has been unable to return to his career as a
Personal Trainer.
6.
The Defendant had a general duty to the safety and welfare of other drivers on the
roadway.
7.
The Defendant breached its duty of due care by failing to retain control of his vehicle and
by crashing into the rear end of Plaintiff’s vehicle.
8.
As a result of Defendant’s negligence, Plaintiff suffered back and spine injuries.
9.
As a proximate result of Defendant’s negligence, Plaintiff was burdened with medical
expenses in excess of $10,000.00.
10.
Furthermore, as a proximate result of Defendant’s negligence, Plaintiff has been
damaged with pain and suffering and the loss of his career.
WHEREFORE, Plaintiff prays for judgment in an amount exceeding the sum of
$25,000.00 for damages proximately caused by Defendant’s negligence, and for all other relief to
which Plaintiff may be entitled.
Respectfully submitted,
__/s/ Jeff Rey____________________________________
Jeff Rey
123 Apple Street
Blackacre, Homestate 12345
Telephone: (417) 867-5309
Facsimile: (417) 555-0111
Attorney for Plaintiff
JURY DEMAND
Plaintiff demands a jury trial as to all issues so triable in the within cause.
_/s/ Jeff Rey___________________________
IN THE COURT OF COMMON PLEAS
BLACKACRE
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Case No.
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Judge
Plaintiff
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PLAINTIFF’S FIRST SET OF
INTERROGATORIES TO DEFENDANT
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Attorney contact information goes here:
v.
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Defendant
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TO DEFENDANT: Name of Defendant:
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Now comes the Plaintiff and propounds the following interrogatories, which are to be
answered by the defendant under oath within twenty-eight (28) days of the service hereof
pursuant to Rules 26 and 33, of the Blackacre Rules of Civil Procedure.
INSTRUCTIONS
1.)
In answering these interrogatories, Defendant must furnish all requested
information, not subject to a valid objection, that is known by, possessed by, or available to
Defendant or any of Defendant’s attorneys, consultants, representatives, agents, and all others
acting on behalf of defendant.
2.)
If Defendant is unable to answer fully any of these interrogatories, Defendant must
answer then to the fullest extent possible, specifying the reason(s) for Defendant’s inability to
answer the remainder and stating whatever information, knowledge or belief Defendant has
concerning the unanswerable portion. An evasive or incomplete answer may be deemed to be a
failure to answer, and may render Defendant and Defendant’s attorneys liable for the expenses of
a motion to compel responsible or complete answer, including reasonable attorney fees.
3.)
Each subpart of a numbered interrogatory is to be considered a separate
interrogatory for the purpose of answer and objection. Defendant must object separately to each
subpart, and if Defendant objects to less than all of the subparts of numbered interrogatory, then
Defendant must answer the remaining subparts.
In addition, if Defendant objects to an
interrogatory or a subpart thereof as calling for information which is beyond the scope of
discovery (e.g., “not reasonably calculated to lead to the discovery of admissible evidence,”
“work product,” “attorney/client privilege,” etc.) Defendant must, nevertheless, answer the
interrogatory or subpart thereof to the extent that it is not objectionable.
3.)
All of the following interrogatories call for continuous answers and, as much,
require timely supplemental answers by Defendant in the event that, prior to final disposition of
this action, additional relevant information comes to the attention of, or becomes available to
Defendant, Defendant’s attorneys, consultants, representatives, agents or any other person acting
on behalf of Defendant. Without being requested by Plaintiff, Defendant must promptly amend
any answer when it is discovered to have been incorrect when made, or it is discovered to be no
longer true circumstances are such that failure to amend is in substance a knowing concealment.
5.)
For each interrogatory and subpart of each interrogatory, if the information
furnished in your answer is not within your personal knowledge, identify each person to whom
the information is a matter of personal knowledge if known.
DEFINITIONS
As used herein, the following terms shall have the meanings indicated.
1.)
“Identify” (or “state the identity of”) with respect to a natural person means to state
the person’s full name, current or last known residence and business address and telephone
number, current or last known employer, such employer address and the current or last known
position or job title of the person with such employer.
2.)
“Identify” (or “state the identity of”)with respect to an entity (not a natural person)
means to state its full name, the address of its principle place of business, and its telephone
number.
3.)
“Identify” (or “state the identity of”) with respect to a document means to state the
date of such document, if any; a general description thereof; state its present location and identify
its custodian; and state descriptive information of sufficient particularity to enable same to be
subject to a subpoena duces tecum or request for production thereof.
4.)
“Document” means any writing of any kind, including originals and all non-
identical copies (whether different from the originals by reason of any notation made on such
copies or otherwise), including without limitation, correspondence, memoranda, notes, desk
calendars, diaries, statistics, letters, telegrams, contracts, reports, returns, summaries, pamphlets,
books, inter-office and intra-office communications, notations of any sort of conversations or
other communications, bulletins, magazines, publications, printed matter, photographs, computer
printouts, teletypes, telefax, invoices, worksheets and all drafts, alterations and amendments of
any of the foregoing, tape recordings, transcripts, graphic or oral records or representations of
any kind, and electronic or mechanical records or representation of any kind, of which you have
knowledge or which are now or were formerly in your actual or constructive possession, custody
or control (including (I) materials on or in computer tapes, disks, and memory and (ii) backup
copies and “deleted” files on a computer or computer storage device or media) whether located
on-site or off-site. All drafts, copies or preliminary material which are different in any way from
the executed or final document shall be considered to be additional documents as that term is
used herein.
5.)
“You” (or “your) refers to the party to whom these interrogatories are addressed, but
the use of such term shall not be construed to limit the information provided to that which is
within the personal knowledge of such party.
6.)
“Entity” refers to any corporation, partnership, proprietorship, associated or
unassociated group cooperative and any federal, state or local body, agency, department, bureau,
division, office or any subpart thereof.
INTERROGATORY NO. 1:
Please state the name, business address and the title or
office of the person(s) answering these interrogatories for Defendant.
RESPONSE:
INTERROGATORY NO. 2:
Respectfully submitted,
By: ________________________________
Attorneys Name
Attorney for Defendant, Jon Doe
Dated: May 25, 2012
PROOF OF SERVICE
I hereby certify that on DATE a copy of the foregoing Plaintiff’s Frist Set of Interrogatories to
Defendant was sent via ordinary U.S. Mail to Jackson Trust, 432 Fifth St, Blackacre, Minnesota,
18181, Attorney for Plaintiff.
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Attorney Name
Attorney for Defendant
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