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Defendant is Required to Answer Within 28 Days

Defendant is required to answer within 28 days after the publication: In The Court of Common Pleas, Montgomery County, 41 N. Perry Street, Dayton, Ohio 45422 Case No.: 2020CV03809 Tracey King, 811 Dixie Street, Bristol, VA 24201, Plaintiff, vs. Christopher N. Holland, 844 Revere Village Court, Centerville, Ohio 45458ALT: 524 Thoma Place, Apt. D, Vandalia, Ohio 45377-1461 and XYZ Corporations, 1-10, Name Unknown, Address Unknown and John Does, 1-10, Name Unknown, Address Unknown, Defendants. Complaint First Claim 1. Plaintiff Tracey King states that on or about October 9th, 2018, she was operating a motor vehicle northbound on I-75 in Montgomery County, Ohio when the vehicle being operated by Plaintiff was struck from behind by the vehicle being operated by Defendant Christopher N. Holland ["the collision"]. 2. Defendant was negligent and such negligence directly and proximately caused the collision. 3. Defendant's negligence includes but is not limited to failure to maintain an assured clear distance. 4. Defendant's negligence includes but is not limited to falling asleep while driving on an Ohio roadway. 5. Plaintiff was not negligent regarding the cause of the collision. 6. As a direct and proximate result of the negligence of Defendant, Plaintiff was caused to suffer both economic and non-economic damages. 7. As a direct and proximate result of the above, Plaintiff has been injured in an amount exceeding $25,000 but which cannot be stated with specificity. Second Claim 8. Plaintiff hereby incorporates the allegations of the above Claims. 9. Plaintiff brings this action against Defendants John Does 1-10 and XYZ Corporations 1-10 whose names and addresses are currently unknown to Plaintiff but who may be responsible for Plaintiff's injuries as alleged herein. Plaintiff will amend this Complaint once such parties are identified. 10. Defendants John Does 1-10 and XYZ Corporations 1-10 identities are currently unknown and cannot, presently, be reasonably ascertained with due diligence. Ohio Civ. R. 15 is expressly referenced and, by such reference, incorporated herein. 11. The collision causing injury to Plaintiff was a direct and proximate result of the negligence of Defendants. 12. As a direct and proximate result of the negligence of Defendants, Plaintiff was caused to suffer those injuries described in the above ΒΆ's. 13. As a direct and proximate result of the above, Plaintiff has been injured in an amount exceeding $25,000 but which cannot be stated with specificity. Third Claim 14. Plaintiff hereby incorporates the allegations of the above Claims. 15. To the extent the evidence establishes that Defendant Holland: a. fell asleep or dozed off while actively driving, or b. was using any electronic devices immediately prior to the collision including but not limited to cellular devices, radio, GPS, DVD player, gaming system, ETC., and/or c. was otherwise engaged in distracted driving immediately prior to the collision including but not limited to eating or drinking, smoking, talking to other passengers, grooming, reading (including maps), ETC., then Defendant Holland's conduct may merit the imposition of punitive damages. 16. As a direct and proximate result of the above, Plaintiff has been injured in an amount exceeding $25,000 but which cannot be stated with specificity. WHEREFORE, Plaintiff demands judgment against the Defendants for compensatory damages, punitive damages against Defendant Holland, attorney's fees, costs and expenses incurred, herein. Plaintiff requests all relief which justice may require. /s/ David A. Bressman David A. Bressman (0047128) Jedidiah I. Bressman (0096637) Law Office of David A. Bressman 5186 Paul G. Blazer Parkway Dublin, Ohio 43017 (614)538-1116 Fax: (614)761-8399 David@Bressmanlaw.com Attorneys for Plaintiff Defendant is required to answer within 28 days after the publication. 1-8, 1-15, 1-22, 1-29, 2-5, 2-12/2021
January 8, 2021
March 12, 2021
January 25, 2021 11:45am