Amended Complaint Drunk Driver | Aurora Colorado | D.J. Banovitz

Plaintiff, for his Amended Complaint, states as follows:

Parties

The Plaintiff is a citizen and resident of Aurora, State of Colorado.
Upon information and belief, Defendant Darrell Drunk Driver (hereafter Drunk Driver) has committed a tort in Denver County Colorado.
Upon information and belief, Drunk Driver is a resident of the city of and county of Denver Colorado, and lives at the address:

General Allegations

On or about June 4, 2007 at approximately 11:20 p.m. the Defendant was traveling westbound on East 6th Avenue.
At that time the Plaintiff, traveling westbound on E. 6th Avenue, was stopped at the stop light at East Del Mar Circle and the 12300 block of E. 6th Avenue.
At that time the Defendant was operating his vehicle after having consumed several alcoholic beverages.
At that time the Defendant was severely impaired by the effects of alcohol consumption.
At that time Defendant’s car struck Plaintiff’s car with great force and violence.
As a direct and proximate result of his negligent operation of a motor vehicle, the Defendant caused the collision with the Plaintiff.
Defendant’s operated his vehicle heedlessly, recklessly, and without regard to the consequences or the safety of others.
Defendant operated his vehicle in a willful and wanton manner without regard to the consequences or the safety of others.
Defendant’s negligent operation of a motor vehicle directly and proximately caused the collision, and injuries, damages and losses set forth below.

First Cause Of Action Negligence:

Plaintiff incorporates any and all prior allegations herein.
As a result of the collision, the Plaintiff incurred injuries.
Defendants was negligent in the operation of a motor vehicle.
Plaintiff was not comparatively negligent.
As a direct and proximate result of the Defendant’s negligence, Plaintiff sustained permanent injuries, and/or loss of earnings, and/or has or will incur reasonable and necessary medical expenses.
As a direct and proximate result of the Defendant’s negligence, Plaintiff has suffered traumatic physical, and/or garden variety emotional, and/or disabilities and/or economic losses and injuries which injuries, damages and losses are permanent in nature and which losses the Plaintiff has suffered in the past and will suffer in the future.
As a direct and proximate result of the Defendant’s negligence, Plaintiff has and will continue to endure, pain and suffering, loss of enjoyment of life, expenses for the services of doctors and other health care providers and medical supplies, and other such losses.
As a direct and proximate result of Plaintiff’s injuries, Plaintiff will be prevented or hindered from engaging in certain social and recreational activities normal to her lifestyle prior to this incident and will otherwise be prevented from participating in and enjoying the benefits of a full and complete life.

Second Cause Of Action: Negligence Per Se
Violation Of C.R.S. 42-4-1301(1)(A)

Plaintiff restates, realleges and incorporates by reference any and all allegations herein.
Defendant is negligent per se for driving under the influence of drugs alcohol or both pursuant to C.R.S. 42-4-1301(1)(a)
Defendant’s, violation of certain statutes, codes, and/or ordinances constitutes negligence per se.As a direct and proximate result of the Defendant’s negligence per se, Plaintiff sustained the injuries damages and losses as set forth above.

Third Cause Of Action: Negligence Per Se
Violation Of C.R.S. 42-4-1301(2)(A)

Plaintiff restates, realleges and incorporates by reference any and all allegations herein.
Defendant is negligent per se for driving with excessive alcohol content pursuant to C.R.S. 42-4-1301(2)(a)
Defendant’s, violation of certain statutes, codes, and/or ordinances constitutes negligence per se.
As a direct and proximate result of the Defendant’s negligence per se, Plaintiff sustained the injuries damages and losses as set forth above.

Fourth Cause Of Action: Negligence Per Se
Violation Of C.R.S. 1008(1)

Plaintiff restates, realleges and incorporates by reference any and all allegations herein.
Defendant is negligent per se for following too closely pursuant to C.R.S. 42-4-1008(1)
Defendant’s, violation of certain statutes, codes, and/or ordinances constitutes negligence per se.
As a direct and proximate result of the Defendant’s negligence per se, Plaintiff sustained the injuries damages and losses as set forth above.

Fifth Claim For Damages
Punitive And/Or Exemplary Damages

Plaintiff restates, realleges and incorporates by reference any and all allegations herein.
Mr. Drunk Driver’s conduct while driving under the influence, driving with excessive alcohol content, and his reckless and careless driving, showed total disregard for the safety of Plaintiff and other citizens, which subjects him to a claim for punitive and/or exemplary damages

WHEREFORE, Plaintiff requests that judgment be entered in favor of the Plaintiff and against the Defendant, in an amount to fairly compensate him for the injuries as set forth above, court costs, expert witness fees, statutory interest from the date this cause of action accrued or as otherwise permitted under Colorado law and for such other and further relief as this Court deems just and proper including:

For an amount which will reasonably compensate the Plaintiff for any past, present and future economic loss;
For an amount which will reasonably compensate the Plaintiff for any medical expenses, past and future;
For an amount which will reasonably compensate the Plaintiff for any permanent impairment, limitation, injuries, and/or disfigurement;
For an amount which will reasonably compensate the Plaintiff for any pain and suffering, past and future;
For an amount which will reasonably compensate the Plaintiff for any loss of enjoyment of life and/or the capacity to live a full life;
For interest as provided by Statute from the date of the collision which forms the basis of the complaint to the date of verdict or judgment, and for costs and fees incurred in the prosecution of the matter;
For an amount for exemplary and/or punitive damages.