How To Sue A Truck Driver For Causing A Car Accident In New Jersey

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1 Gregg D. Trautmann, Esq. TRAUTMANN PRYOR & LUTHER, LLC 262 East Main Street Rockaway, NJ (973) Attorney for Plaintiff ROBYN KLEINHANS Plaintiff vs. RALPH CLAYTON AND SONS, INC. (A New Jersey Corporation); BRUCE S. DAVIDSON; MICHAEL J. MACIEJCZYK; JOHN DOE 1-10 (fictitious persons responsible for the damages suffered by the plaintiff) SUPERIOR COURT OF NEW JERSEY LAW DIVISION MIDDLESEX COUNTY Docket No.: MID-L CIVIL ACTION COMPLAINT Defendants Plaintiff, ROBYN KLEINHANS, residing at 113 South Triangle Road, in the Township of Hillsboro, County of Somerset, and the State of New Jersey, by way of Complaint against the above named Defendants, says: FIRST COUNT 1. Plaintiff, ROBYN KLEINHANS, is an individual residing at 113 South Triangle Road, in the Township of Hillsboro, County of Somerset, and the State of New Jersey. 2. Defendant RALPH CLAYTON AND SONS, INC. is a corporation of the State of New Jersey with its principle place of business at 1025 Route 1 South, Township of Edison, County of Middlesex, and State of New Jersey. 3. Defendant, BRUCE S. DAVIDSON, is an individual residing at 3453 Reading Avenue, in the Town of Hammonton, County of Atlantic, and State of New Jersey.

2 4. Defendant, MICHAEL J. MACIEJCZYK, is an individual residing at 815 Peachtree Village, in the Township of Hackettstown, County of Warren, State of New Jersey. 5. At all times mentioned, Route 18 was a public roadway, a portion of which is located in the Borough of Tinton Falls, County of Monmouth, and the State of New Jersey. 6. On or about November 3, 2004, plaintiff, ROBYN KLEINHANS, was a passenger in a certain Jeep automobile, bearing a New Jersey license plate number PGF33A, that was being operated along Route 18, southbound by defendant MICHAEL J. MACIEJCZYK. 7. At that time and place, defendant, BRUCE S. DAVIDSON, operated a certain ADA Cement Truck, owned and maintained for a business purpose by defendant RALPH CLAYTON AND SONS, INC., bearing a New Jersey license plate number AD402C, along Route 18, southbound. 8. At all times mentioned defendant Bruce S. Davidson was an agent, servant and/or employee of defendant RALPH CLAYTON AND SONS, INC. 9. At the aforesaid time and place defendants BRUCE S. DAVIDSON and MICHAEL J. MACIEJCZYK so negligently operated their respective automobiles that the defendants vehicles were caused to, and did violently crash into one another, severely and permanently injuring the plaintiff. 10. At the time and place mentioned above the defendants owed plaintiff a duty to provide the standard of care that an ordinary prudent person would provide in similar circumstances. By negligently and carelessly operating their automobiles, the defendants breached their duty of care.

3 11. As the direct and proximate cause of defendants negligence as stated above, the plaintiff has suffered severe permanent physical injury. 12. The injuries that the plaintiff has sustained are permanent in nature. The plaintiff has suffered great physical and mental pain and anguish, and in all reasonable probability, will continue to suffer in this manner for a long time in the future, if not for the balance of her natural life. 13. As a further result of the above negligent acts committed by the defendants, the plaintiff has incurred substantial medical expenses for medical care and attention and will continue to incur additional medical expenses into the foreseeable future. 14. In addition, the plaintiff has suffered economic injury and will likely continue to suffer such economic injury. WHEREFORE, the Plaintiff demands judgment against the defendants, RALPH CLAYTON AND SONS, INC.; BRUCE S. DAVIDSON; and MICHAEL J. MACIEJCZYK, on the First Count for: (a) (b) (c) (d) Compensatory damages; Cost of suit; Attorneys fees; For such other relief as the court may deem proper. SECOND COUNT 15. Plaintiff, ROBYN KLEINHANS, repeats and re-alleges each and every allegation of the First Count as if set forth in full herein.

4 16. Defendants, John Doe 1-10, are individuals whose identities are not yet known to the plaintiff, but whose actions caused sever and permanent injury to the plaintiff. 17. At the time and place mentioned above the defendants, John Doe 1-10, owed the plaintiff a duty to provide the standard of care that an ordinary prudent person would provide in similar circumstances. By negligently and carelessly operating their automobiles, the defendants breached their duty of care. 18. As the direct and proximate cause of defendants negligence as stated above, the plaintiff has suffered severe permanent physical injury. 19. The injuries that the plaintiff has sustained are permanent in nature. The Plaintiff s has suffered great physical and mental pain and anguish, and in all reasonable probability, will continue to suffer in this manner for a long time in the future, if not for the balance of her natural life. 20. As a further result of the above negligent acts committed by the defendants, the plaintiff has incurred substantial medical expenses for medical care and attention and will continue to incur additional medical expenses into the foreseeable future. 21. In addition, the plaintiff has suffered economic injury and will likely continue to suffer such economic injury. WHEREFORE, the Plaintiff demands judgment against the Defendants, JOHN DOE 1-10, on the Third Count for: (a) (b) (c) (d) Compensatory damages; Cost of suit; Attorneys fees; For such other relief as the court may deem proper.

5 CERTIFICATION PURSUANT TO R. 4:5-1 I hereby certify that the matter in controversy is not the subject of any other action pending in any Court, is not the subject of a pending arbitration proceeding, and is not the subject of any other contemplated action or arbitration proceeding. JURY DEMAND The plaintiff, ROBYN KLEINHANS, hereby demands trial by jury as to all issues in the above matter. DESIGNATION OF TRIAL ATTORNEY In accordance with R. 4:25-4, Gregg D. Trautmann, is hereby designated as trial counsel for the plaintiff, ROBYN KLEINHANS, in the above matter. Date: December 3, 2005 By: Gregg D. Trautmann, Esq. Attorney for Plaintiff