Motor Vehicle Negligence Complaint in North Carolina Court

This is a complaint of motor vehicle negligence in North Carolina court. The plaintiff, a California citizen, suffered physical and property damages due to the defendant's failure to obey traffic signals. The plaintiff is seeking compensation for medical expenses, loss of earnings, and damages for losing earning ability.

Motor Vehicle Negligence 1
MOTOR VEHICLE NEGLIGENCE
By Name
Course
Instructor
Institution
Location
Date

Motor Vehicle Negligence 2
NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
GUILFORD COUNTY 13 CVS ________________
Robert S. Payne )
)
Plaintiff, )
)
Vs. ) COMPLAINT
) (MOTOR VEHICLE NEGLIGENCE)
Danielle Nicole Conaway )
)
Defendant. )
The Plaintiff, Robert S. Payne, complaining of the Defendants, allege and say as follows:
1. Plaintiff, Robert S. Payne, is an individual and is now, and at all times stated in this
complaint was, an occupant of Greensboro city of North California. The defendant,
Danielle Nicole Conaway, is at all times cited in this complaint was a firm that is
organized and is existing under the laws of northern California and, always alleged
herein, was undertaking business in Guilford County, North Carolina.
2. This is an exploit for personal injury and property loss following a car accident near
Greensboro city on W Market Street on September 8, 2016. The plaintiff who is a
California citizen was on board a commercial vehicle of make MAZDA with plate
numbers JYJ6249, NC 2008 travelling south on Green Valley Road and was in the
middle lane going through the intersection of W. Market. The plaintiff had the green
traffic to proceed through the intersection. At the same, the defendant was also travelling
west on W. Market Street also in the middle lane going through the intersection. The
traffic signal for the westbound traffic on the W. Market Street had just turned solid red
but the defendant proceeded on and entered the intersection. The resulting scene was the
defendant hitting the plaintiff. Owing to the negligence of the defendant, the plaintiff
suffered several properties and physical damages (Coggin, 2014).
3. From the accident, plaintiff suffered serious, painful and permanent body injuries, great
pain of body and mind and was therefore unable to normally transact his business as well
as losing the capacity for enjoying life. This is because he suffered a concussion, torn
rotator cuff, fractured left scapula, two fractured left ribs and badly bruised left rib area
and left knee.
COUNT 1
Negligence
4. The defendant, being a driver, has the duty of ensuring that all the traffic rules are well
followed without selection. It is also his duty to ensure that his and other road user’s
safety are well observed and equally protected.

Motor Vehicle Negligence 3
5. The defendant was the genuine and proximate cause of the damages and subsequent
injuries suffered by the plaintiff. In particular, the defendant’s failure to observe and obey
the traffic signal and thus his carelessness was the substantial factor leading to the
accident.
6. The defendant had a duty of ensuring he is a qualified and competent driver to operate the
vehicle. The actions therefore alleged above constitute negligence by the defendant
7. The incurred medical expenses of the plaintiff totalled to $7,500
8. The plaintiff's car which was then valued at $12,000 was completely destroyed
(Showers, 2010).
COUNT 2
N.C. Gen. Stat. § 75-1.1
Unfair and deceptive practices affecting life
9. The defendant was the genuine cause of the accident being he did not care following the
well laid out traffic rules that ensure safety of all road users. Being a victim of the
occurrences, the plaintiff ought to be subjected to compensation for the damages and
injuries suffered as stated in the above paragraphs.
10. On account of Defendants’ Unfair and Deceptive Practices Affecting life, the plaintiff is
entitled to recover damages and injuries suffered in the amount of $35,000
WHEREFORE, Plaintiff hope for judgment against defendant as follows;
1. General damages in a sum to be proven at trial;
2. Medical damages and related expenditure rendering to proof;
3. Loss or earnings damages according to proof;
4. Incurred suit costs;
5. Damages for losing earning ability rendering to proof;
6. Loss of earnings damages according to proof and
7. For such other and further relief as to the Court may seem just and proper.
This the 9th day of April 2018.
_________________________________
Robert S. Payne
Attorney for Plaintiff
226 East Avondale Drive
Greensboro, NC 27403
[phone]
N.C. State Bar Number 6329
NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
GUILFORD COUNTY 13 CVS ______________

Motor Vehicle Negligence 4
Robert S. Payne )
)
Plaintiff, )
)
Vs. ) VERIFICATION
)
Danielle Nicole Conaway )
)
Defendant. )
[Robert S. Payne], first being accordingly sworn, says that he is the Plaintiff in the action
foregoing, he has read the foregoing Grievance, and knows the contents thereof, and the same is
true of his own knowledge, except those matters and things alleged upon information and belief,
and as to those matters and things, he believes them to be true.
__________________________________
[Robert S. Payne]
SWORN TO and subscribed before me this the 9th day of April 2018.
________________________________________
Notary Public
My Commission Expires: __________________
REFERENCES
Coggin, R.G., 2014. Attorney Negligence... A Suit within a Suit. W. Va. L. Rev., 60, p.225.
Showers, J.L., 2010. What you need to know about negligence lawsuits. Nursing, 30(2), p.45.