Justin King Complaint
IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR FORD COUNTY, 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: JURISDICTION AND VENUE Plaintiff, for all times mentioned herein, was and is a resident of the County of Jackson, State of Missouri. The cause of action took place in Ford County, Illinois.
This is an action for damages in excess of the minimal jurisdictional limits of this court. This court has original jurisdiction “of all justiciable matters” under Ill. Const. 1970, art. VI, § 1. 01 because the matter in controversy exceeds $75,000, the Plaintiff, Justin King, is a resident of the State of Missouri, and the Defendant, Anheuser-Busch Companies, Inc. (Anheuser-Busch), although headquartered in the State of Missouri, is authorized to do, and in fact does, business in the State of Illinois where the accident took place.
This court has appropriate venue under 735 ILCS 5/2-619 because the events leading to the Plaintiff’s claim and cause of action occurred in this judicial district, and because the Defendant was subject to personal jurisdiction in this judicial district at the time of the occurrence. FACTUAL ALLEGATIONS TO ALL COUNTS COUNT I: Negligence 1. Plaintiff Justin King is a resident of Kansas City, Missouri. 2. Defendant Anheuser-Busch is a Missouri-based corporation and also does business in the State of Illinois. 3.
On or about April 8, 2004, Plaintiff was driving a 2006 black Harley Davidson motorcycle, License No. 07 MO 327-HP8, owned by Plaintiff. 4. On or about April 8, 2004, Frank Cuellar, an employee of Defendant, was operating a 1992 White Nissan beer truck, License No. 07 MO 968-7RL, owned by defendant. 5. Frank Cuellar at all times material herein was employed by Defendant Anheuser-Busch as a truck driver. 6. On the occasion in question, Plaintiff was driving his motorcycle traveling southbound on Interstate 57 in Ford County, Paxton, Illinois. 7.
On the occasion in question, Frank Cuellar, employee of Defendant, was operating his employer’s beer truck, traveling southbound on Interstate 57 in Ford County, Paxton, Illinois. 9. On the occasion in question, Defendant was traveling behind Plaintiff in the left hand lane of Interstate 57 when Plaintiff noticed Defendant’s lights flashing. Plaintiff moved over to the right hand lane to allow Defendant to pass, at which time he saw beer cases falling from Defendant’s truck towards him. Plaintiff swerved left in an attempt to avoid the beer cases when the accident occurred. 0. On or before the date in question, Defendant, Anheuser-Busch, negligently and in violation of proper safety standards failed to employ competent and careful employees to load, secure and inspect the cargo, resulting in the freight to disembark from the truck while in transit. 11. It was the duty of the Defendant to ensure safe and proper loading, securing and inspection of cargo prior to transit. Defendant breached that duty of due care by failing to use proper procedures and failed to ensure safe conditions for the shipment of their freight. 12.
As a direct and proximate cause of the negligent acts of Defendant Anheuser-Busch or its employees as set forth above, Plaintiff has suffered serious and permanent injuries to his face and jaw. The left side of his face is permanently higher than the right side. Plaintiff has also incurred the loss of a recording contract, incurred medical bills and suffered pain in an amount to be determined at trial. 13. As a direct and proximate cause of the negligent acts of Defendant Anheuser-Busch or its employees as set forth above, Plaintiff has incurred the following expenses for medical care and attention: a.
Physicians’ fees: amount to be determined at trial; b. Medical supplies, appliances, and medicine: amount to be determined at trial; c. Hospitalization: amount to be determined at trial; d. Physical therapy: amount to be determined at trial; e. Nursing services: amount to be determined at trial; All of the above charges are reasonable and customary in the City of Paxton, Ford County. 14. As a further result of the injuries sustained by Plaintiff, there is a reasonable probability that Plaintiff will require further medical care and attention and will incur future reasonable and necessary expenses for medical care and attention.
Plaintiff’s doctors estimated over $100,000 in future medical bills, plastic surgery, and counseling to be incurred by Plaintiff. DEMAND FOR JURY TRIAL Plaintiff demands a trial by jury. PRAYER FOR RELIEF WHEREFORE, plaintiff requests judgment against defendant as follows: 1. General damages in an amount to be determined at trial. 2. Interest on such damages awarded as allowed by law; 3. Reasonable attorney fees and costs of suit. 4. Such other and further relief as the Court may deem just and proper. Dated: June 21, 2011 Jane Doe IL Attorney License # 12345 Law Office of Jane Doe 123 Main Street Chicago, IL 60601 Attorney for Plaintiff