The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this automobile accident lawsuit and its proceedings.)
●Defendant Susan Lee, M.D., failed to use reasonable care appropriate to avoid driving on public roads, streets and highways in a sleep-deprived and fatigued state and also acted wantonly, recklessly and with malice and oppression at the time of the incident. She admitted to the police at the scene of the incident that she had fallen asleep at the wheel.
Also, in Paragraph 32 Plaintiff pled a detailed factual account of Dr. Lee’s training at National Hospital, which was taken from the deposition of Caleb Smith, M.D., who was Dr. Lee’s superior at National Hospital and administered many of the residency trainings. These facts build the foundation for Dr. Lee’s malicious and oppressive conduct on the date of the incident. These facts take up approximately four pages of the entire First Amended Complaint. In the interest of brevity, Plaintiff has not repeated the lengthy allegations herein.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
In Paragraph 37, Plaintiff pled the litany of state motor vehicle laws that Dr. Lee violated at the time of the incident, including 13 C.C.R. 1214 [no driver shall operate a motor vehicle while the driver’s ability or alertness is so impaired], and Cal. Veh, Code sections 21209, 21663, 21952 and 22107.
Further allegations supporting punitive damages are contained in Paragraph 42 of the Complaint. (See Part 5 of 11.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.