Complaint and Summons Capstone

Upon information and belief, Defendant, Owen and Dolly Jones Operate the OD Family Campground. 3. On or about August 16, 2012, Shayla Smith sustained an Injury while jumping into the pool at OD Family Campground. 4. The Defendant knew or should have known of the aforesaid conditions on their property. 5. As the property owner, the Defendant was in control of the property and had a duty to remediate the conditions and make sure the warning signs of the pool were listed and the dangers of no life guard on duty but failed to do so prior to the Plaintiff’s Injury. . On or about August 16, 2012, Tamara Jones and Shayla Smith decided to jump into the pool whereas Tamara saved Shayla by jumping in the pool to pull Shayla Smith out once she realized that Shayla had sustained the Injury. 7. The damages and losses sustained by the Plaintiff were directly and proximately caused by the negligence in carelessness of the Defendant, their agents, servants and/or employees, in one or more of the following ways: a. They allowed and permitted an unreasonably, dangerous, hazardous and unsafe ondition to exist in the in the pool area of OD Campground; b. They failed to use reasonable care to maintain and inspect the pool area where the Plaintiff got injured; c. They failed and neglected to provide for adequate warning signs at the pool area where the Plaintiff fell; d. They failed and neglected to post the warning signs at the pool as well as the depth of the pool where the Plaintiff fell; and e. They failed to provide adequate security to ensure the safety of the park; and f.

They failed and neglected to give the Plaintiff any warning that said pool area constituted a safety hazard by placing a sign upon the gate of the pool area where said warning could be seen; and/or failed to give the Plaintiff any manner or form of warning whatsoever that said dangerous and unsafe conditions existed. 8. As a result of the aforesaid negligence and carelessness of the Defendant, the Plaintiff suffered the following personal injuries, some or all of which may be permanent in nature: a. Injury to her arm. 9.

As a result of the Defendant’s negligence and carelessness, the Plaintiff has incurred and may incur in the future expenses for medical services and attention, tests, ex-rays, physical therapy and the like, all to her loss and financial detriment. 10. As a result of the Defendant’s negligence and carelessness, the Plaintiff will continue to incur expenses for physical therapy sessions all to her loss and financial detriment. 11. As a result of the Defendant’s negligence and carelessness, the Plaintiff’s next of friend was unable to work for a period of time causing lost wages and a loss to her earning capacity. 2. As a further result of the Defendant’s negligence and carelessness, the Plaintiff has been restricted and prevented from pursuing certain activities in which she engaged and/or participated in prior to the date of the accident complained of, and her ability to enjoy life’s activities has been impaired. COUNT TWO – NEGLIGENCE (Mr. Tuttle) 1 – 4. Paragraphs 1 through 4 of Count One are incorporated as Paragraphs 1 through 4 of Count Two as if fully set forth herein. 5. Upon information and belief, the Defendant, Mr. Tuttle is a Connecticut esident with a residence at 30 High Street, New Hartford, Connecticut, 01111. 6. On or about August 16, 2012, Mr. Tuttle, was caring for the Plaintiff. 7. On or about August 16, 2012, Mr. Tuttle allowed the Plaintiff to become in dangerous and unsupervised activities in that she was allowed to go swimming without adult supervision. 8. The Defendant knew or should have known that allowing a minor child to engage in such activities required supervision. 9. As the caretaker of the Plaintiff, Defendant Tuttle had a duty to supervise the Plaintiff but failed to do so prior to the Plaintiff’s injury 10.

On or about August 16, 2012, the Plaintiff jumped into the swimming pool and sustained injury. 11. The damages and losses sustained by the Plaintiff were directly and proximately caused by the negligence in carelessness of the Defendant in one or more of the following ways: a. He allowed and permitted an unreasonably dangerous, hazardous and unsafe condition to result in an injury by the lack of supervision; b. He failed to use reasonable care to supervise the Plaintiff during her time that he was caring for her; c.

He failed and neglected to provide for substitute care for the Plaintiff when he was unable to watch her, d. He failed and neglected to give the Plaintiff any warning that said pool constituted a safety hazard by telling her that she was not allowed to use it, without supervision; and/or failed to give the Plaintiff any manner or form of warning whatsoever that said dangerous and unsafe conditions existed. 12. As a result of the aforesaid negligence and carelessness of Mr. Tuttle, the Plaintiff suffered the following personal injuries, some or all of which may be permanent in nature: a. Injury to her arm; and 3. As a result of the Defendant’s negligence and carelessness, the Plaintiff has incurred and may incur in the future expenses for medical services and attention, tests, ex-rays, physical therapy and the like, all to her loss and financial detriment. 14. As a result of the Defendant’s negligence and carelessness, the Plaintiff will continue to incur expenses for physical therapy sessions all to her loss and financial detriment. 15. As a result of the Defendant’s negligence and carelessness, the Plaintiff was unable to attend school for a period of time causing expenses to be incurred for her education. 6. As a further result of the Defendant’s negligence and carelessness, the Plaintiff has been restricted and prevented from pursuing certain activities in which she engaged and/or participated in prior to the date of the accident complained of, and her ability to enjoy life’s activities has been impaired. COUNT THREE – NEGLIGENCE (Mrs. Tuttle) 1 – 4. Paragraphs 1 through 4 of Count One are incorporated as Paragraphs 1 through 4 of Count Three as if fully set forth herein. 5. Upon information and belief, the Defendant, Mrs.

Tuttle is a Connecticut resident with a residence at 30 High Street, New Hartford, Connecticut, 01111. 6. On or about August 16, 2012, Mrs. Tuttle, was caring for the Plaintiff. 7. On or about August 16, 2012, Mrs. Tuttle allowed the Plaintiff to become in dangerous and unsupervised activities in that she was allowed to go swimming without adult supervision. 8. The Defendant knew or should have known that allowing a minor child to engage in such activities required supervision. 9.

As the caretaker of the Plaintiff, Defendant Tuttle had a duty to supervise the Plaintiff but failed to do so prior to the Plaintiff’s injury 10. On or about August 16, 2012, the Plaintiff jumped into the swimming pool and sustained injury. 11. The damages and losses sustained by the Plaintiff were directly and proximately caused by the negligence in carelessness of the Defendant in one or more of the following ways: a. She allowed and permitted an unreasonably dangerous, hazardous and unsafe condition to result in an injury by the lack of supervision; b.

She failed to use reasonable care to supervise the Plaintiff during her time that he was caring for her; c. She failed and neglected to provide for substitute care for the Plaintiff when he was unable to watch her, d. She failed and neglected to give the Plaintiff any warning that said pool constituted a safety hazard by telling her that she was not allowed to use it, without supervision; and/or failed to give the Plaintiff any manner or form of warning whatsoever that said dangerous and unsafe conditions existed. 12. As a result of the aforesaid negligence and carelessness of Mrs.

Tuttle, the Plaintiff suffered the following personal injuries, some or all of which may be permanent in nature: e. Injury to her arm; and 13. As a result of the Defendant’s negligence and carelessness, the Plaintiff has incurred and may incur in the future expenses for medical services and attention, tests, ex-rays, physical therapy and the like, all to her loss and financial detriment. 14. As a result of the Defendant’s negligence and carelessness, the Plaintiff will continue to incur expenses for physical therapy sessions all to her loss and financial detriment. 5. As a result of the Defendant’s negligence and carelessness, the Plaintiff was unable to attend school for a period of time causing expenses to be incurred for her education. 16. As a further result of the Defendant’s negligence and carelessness, the Plaintiff has been restricted and prevented from pursuing certain activities in which she engaged and/or participated in prior to the date of the accident complained of, and her ability to enjoy life’s activities has been impaired. WHEREFORE, the Plaintiff prays: . That judgment be entered against the Defendants; 2. That money damages be awarded; 3. For such further relief as may be just, equitable, and proper. Dated at Somewhere, Connecticut this 11th day of September, 2011. THE PLAINTIFF, SHAYLA SMITH, A MINOR CHILD By:__________________________________ Don Miller Miller and Associates, LLC. 596 Hunter Way New Hampshire, CT 86259 Juris No. 123456 (985) 952 – 1000 RETURN DATE: AUGUST 30, 2011:SUPERIOR COURT : SHAYLA SMITH, A MINOR CHILD AND MARY SMITH N/O/F:

Plaintiff,:J. D. CONNECTICUT v. :AT NEW HAMPSHIRE OD FAMILY CAMPGROUND, INC. : ROBERT TUTTLE: SUSAN TUTTLE: Defendants. :August 24, 2013 STATEMENT RE: AMOUNT IN DEMAND The Plaintiff, SHAYLA SMITH, A MINOR CHILD, claims that the amount in demand is in excess of Fifteen Thousand ($15,000. 00) dollars. THE PLAINTIFF, SHAYLA SMITH, A MINOR CHILD By:__________________________________ Don Miller Miller and Associates, LLC. 596 Hunter Way New Hampshire, CT 86259 Juris No. 123456 (985) 952 – 1000