sample complaint for MA motor vehicle accident

Despite all of the articles we post, sometimes I think it helps people to look at actual documents filed in real cases. Even as a lawyer, when I attend a seminar or research a particular topic, I always find myself looking for more. Hopefully, some of you will find this helpful. This is a fairly straightforward complaint which involves straight claims for negligence and includes a claim against the defendant vehicle owner’s insurance company for bad faith and violations of Massachusetts General Laws c. 93A and 176D. Those provisions make it illegal for insurance companies to delay settlement of insurance claims where liability is reasonably clear and where the insurance company forces the injured party to file a lawsuit due to the insurance company’s failure to settle or do to its tactics of making “low ball” offers. All names have been changed for the purposes of this blog. Of course, there are many variations of this complaint which will depend on the facts of each case. Some claims may have other claims such as claims for negligent infliction of emotional distress depending on the circumstances. We will continue to post other samples that may help people get a better understanding of the process. COMMONWEALTH OF MASSACHUSETTS PLYMOUTH, ss                                   SUPERIOR COURT CIVIL ACTION NO. ______________________ JOHN HURT, Plaintiffs, v. ACME CORP and THE ABC INSURANCE COMPANY Defendants _______________________ COMPLAINT and JURY DEMAND PARTIES 1.         The Plaintiff, John Hurt (“Hurt”) is an individual residing in Abington, Plymouth County, Massachusetts. 2.         The Defendant, Acme Corp.  (“Acme”) is on information and belief a Massachusetts Corporation, which has a principal place of business at 20 Main Street, Suite 202, Anywhere, Massachusetts. 3.         The Defendant, George Catalunia (“Mr. Catalunia”), is an individual residing in Everett, Massachusetts. 4.         The Defendant, The ABC Insurance Company (“ABC Insurance”) is a Massachusetts corporation with a principal place of business located at 50 Main Street, Anywhere, Massachusetts. 5.         At all relevant times, ABC Insurance was acting as the authorized insurer of Defendant ACME relative to this claim. COUNT I Negligence (John Hurt v. ACME)  6.         The Plaintiff repeats and realleges the preceding paragraphs of this Complaint and incorporates same herein. 7.         At all relevant times including on October 19, 2011, Plaintiff John Hurt was the owner/operator of an automobile, which was stopped in the northbound lane at a flashing yellow traffic control signal on Bedford Street (Route 18), a public way in Abington, Plymouth County, Massachusetts. 8.         At all relevant times including October 19, 2011, Defendant ACME. was the owner of the motor vehicle being operated by Joe Employee on Bedford Street (Route 18) in Abington, Plymouth County, Massachusetts. The Defendant ACME’s vehicle was being operated in an unsafe manner when it slammed into the rear of Plaintiff’s vehicle. After the collision, the operator of the Defendant ACME’s vehicle, Joe Employee, was issued Citation #R1098XXX for failure to yield by the Abington Police and operating without a license. 9.         The Defendants ACME and Joe Employee owed a duty of care to the Plaintiff John Hurt to ensure that the vehicle owned by ACME was being operated in a safe and careful manner. 10.       Defendants, ACME and John Hurt did breach said duty of care by allowing its vehicle to be operated in a negligent and careless manner. 11.       As a direct and proximate result of the negligence of the Defendant, ACME its employees, agents and for those whose actions it is responsible for, the Plaintiff John Hurt has been caused to suffer, and continues to suffer severe and permanent injuries including but not limited bulging disk, nerve impingement, radiculopathy and other injuries.  The Plaintiff has suffered great pain of body and mind, and has been caused to incur substantial medical expenses for his care.  These losses are continuing in nature and Plaintiff will continue to suffer from said losses in the future.  He does not enjoy life as he did prior to the occurrence and has incurred substantial medical bills and costs. WHEREFORE, the Plaintiff demands judgment and damages against the Defendant, ACME in a sum to be determined at trial, but sufficient to meet the jurisdictional requirements of this Honorable Court, plus interest, costs and attorneys’ fees. COUNT II Chapter 93A/176D (John Hurt v. The ABC Insurance Company) 12.       The Plaintiff repeats and re-alleges the preceding paragraphs of this Complaint and incorporate same herein. 13.       At all relevant times, ABC Insurance was acting as the authorized insurance company of its insured, ACME Corp. 14.       Plaintiffs provided in a timely fashion to ABC Insurance all requested medical bills, reports, photographs and additional materials in their possession to allow ABC Insurance to properly investigate the claim. 15.       Plaintiff submitted a demand package to ABC on or about June 11 2011, which clearly outlined Plaintiff, John Hurt’s medical status and appropriate course of treatment. 16.       ABC has nevertheless refused to offer any reasonable settlement of this claim. 17.       On December 10, 2011, Plaintiff served a demand for relief under G.L. c. 93A and 176D to ABC.  A copy of the letter of demand is attached hereto as Exhibit “A”. 18.       Despite being provided with a detailed written demand for settlement on June 11, 2011, a written demand for relief pursuant to M.G.L. c. 93A/176D on December 10, 2011, and despite numerous follow-up correspondences ABC has nevertheless refused to make a reasonable and good faith offer to settle the claim. 19.       The ongoing unfair and deceptive acts and practices of ABC have now forced the Plaintiff to file suit, as ABC refuses to tender any reasonable settlement offer. 20.       ABC has committed an unfair claims settlement practice in violation of G.L. c. 93A and 176D, §3, which include the following unfair practices: a.         Section 3(9)(d):  “Refusing to pay claims without conducting a reasonable investigation based upon all information.” b.         Section 3(9)(f):  “Failing to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear.” Section 3(9)(n):  “Failing to provide a reasonable explanation of the basis in the insurance policy in relation to the facts or applicable law for denial of a claim or for the offer of a compromise settlement.” 21.       ABC’s refusal to grant relief upon demand was made in bad faith with knowledge or reason to know that the acts and practices complained of violated Chapter 93A and 176D. 22.       The acts of ABC were willful and knowing acts in violation of G.L. c. 93A and     176D. 23.       The failure of ABC to make a reasonable offer of settlement is a willful and           knowing violation of G.L. c. 93A and 176D. 24.       As a result of said Defendant’s unfair and deceptive acts and practices, the Plaintiff has   incurred substantial damages and costs. WHEREFORE, the Plaintiff, prays that the Court grant the following relief against Defendant ABC: a.         Find that the conduct of the Defendant was a violation of Chapter 93A and 176D. b.         Find that the actions of Defendant were willful and knowing violations of Chapter 93A and 176D and/or that its refusal to grant relief upon demand was made in bad faith. Award damages to the Plaintiff in an amount to be determined at trial, plus interest and costs as provided by law; Award Plaintiff double/treble damages and attorneys’ fees on his claims. Grant other such relief as the Court deems just and appropriate  DEMAND FOR JURY TRIAL Plaintiffs hereby make demand for trial by jury on all issues so triable. The Plaintiffs, John Hurt By his Attorney, Joseph K. Curran, Jr., Esq. Curran & Desharnais, P.C. 11 Front Street, Suite One Weymouth, MA 02189 781-331-3811 Telephone 781-331-3866 Facsimile jkcurran@verizon.net Dated: Plaintiff reserves his right to file additional counts.

Motorcycle Accidents, Personal Injury, Trucking Accidents, Uncategorized, wrongful death

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