IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. _________________________________

R. D. and I. D., minors, by and through JOHN ROE and JANE DOE, their parents, All Idaho residents, With their principal place of residence at 123 Fiction Dr Madeup, ID 12345,

Plaintiffs,

v. FANTASY TRUCKING CO., A Colorado Corporation With its principal place of business at 123 Balderdash Plaza Malarkey, CO 54321 Defendant.

______________________________________________________________________________ COMPLAINT ______________________________________________________________________________

PARTIES

1. Plaintiffs R. D., I. D, JOHN DOE, and JANE DOE, are citizens of the state of Idaho who presently reside at the following address: 123 Fiction Dr Madeup, ID 12345. 2. Defendant FANTASY TRUCKING CO. is a Colorado corporation who is located at the following address: 123 Balderdash Plaza Malarkey, CO 54321

JURISDICTION

3. Jurisdiction is asserted pursuant to following statutory authorities: The plaintiffs are citizens of Idaho. The defendant is a corporation incorporated under the laws of Colorado with its principal place of business in Colorado. The amount in controversy, without interest and costs, exceeds the sum or value specified by 28 U.S.C. 1332(a). 4. Venue in the state of Colorado is proper under 28 U.S.C. 1391(b).

FIRST CLAIM FOR RELIEF AND SUPPORTING FACTUAL ALLEGATIONS 5. On or about 4PM MDT 1 April 2012, R. D. and I. D., Plaintiffs, boarded the last school bus of the day home from Imaginary Consolidated Secondary School in Madeup, ID. Both children were seated safely in the rear of the school bus when it left the parking lot. 6. On or about 4:30PM MDT the school bus carrying R. D. and I. D. turned onto I-15 from the Nonesuch entrance ramp, headed southbound. At the same time, a FANTASY TRUCKING CO.owned truck driven by Jack Noe, an employee of the Defendant on FANTASY company business, was approaching the nonesuch ramp. 7. As the school bus attempted to merge into the right lane, Mr. Noe attempted to slow down to allow it to do so. However, when he applied the air brakes, the truck did not slow down as it ought to have. 8. Although Mr. Noe attempted to halt the truck via the emergency brake and to veer away from the school bus, and despite the school bus driver recognizing the potential collision and also attempting to steer away as much as possible, the passenger side of the trucks cab collided with the rear end of the school bus at approximately 45 mph.

9. The accident resulted in serious injuries to several passengers, including the Plaintiffs. R. D. suffered multiple fractured bones in his legs, a ruptured spleen, and a concussion. He has incurred medical expenses in excess of $75,000 with followup treatment continuing to this day. He was unable to participate in high school or club basketball for the rest of the season and has endured considerable mental pain and suffering since the traumatic incident. 10. His sister, I. D., has also incurred medical expenses in excess of $75,000, due to a broken arm, crushed fingers, and a head injury that has resulted in temporary mental impairment and lingering headaches, requiring continued medical attention. She has also endured mental pain and suffering due to memories of the accident and disorientation from the head injury. Since the accident she has suffered from performance anxiety and has been unable to continue participating in the school chorus. 11. After the highway accident, the National Transportation Safety Board investigated both vehicles and questioned witnessed. It came to the conclusion that the most probable cause was a failure of the air brakes on the truck belonging to the Defendants. 12. The NTSBs other research into highway accidents shows that the most common cause of air brake failure is inadequate or infrequent inspection and maintenance of the mechanism. 13. Mr. Noes statement to the police and his subsequent statement to the NTSB indicated that he was not personally responsible for maintenance on the truck, which was left to the company mechanics, who he trusted to keep it good running order as they always had in the past. 14. When Plaintiffs counsel sought documentation of the operation maintenance records for the vehicle involved in the crash at the local Idaho offices of FANTASY TRUCKING CO., they were informed that all such records were in electronic format and were stored at company headquarters in Malarkey, CO, and that the branch office was not authorized to release them. 15. FANTASY TRUCKING CO. has denied liability for Plaintiffs damages but has not been able to put forth a reasonable alternate explanation for the accident that accounts for the evidence presented in the NTSB report. 16. WHEREFORE, in absence of exculpating evidence beyond FANTASY TRUCKING CO.s flat denial of liability, Plaintiffs bring forth the following allegations: COUNT 1, NEGLIGENCE. Defendants negligent maintenance and/or maintenance documentation violated their duty of care and resulted in the sudden failure of the air brakes, the proximate cause of the accident that cause Plaintiffs injuries. COUNT 2, INFLICTION OF MENTAL DISTRESS. The accident caused by Defendants negligence resulted in mental pain and suffering on the part of the Plaintiffs. 17. In addition, the inaccessibility of the maintenance and operation records may constitute a violation of the recordkeeping requirements set out in 49 CFR 379 for commercial motor carriers.

REQUEST FOR RELIEF

18. Plaintiffs request the following relief: a. Compensatory damages of $150,000 for medical costs to date. b. Future damages of $50,000 for rehabilitative care and loss of extracurricular opportunities. c. Compensatory damages of $20,000 for mental pain and suffering. d. Punitive damages of $50,000 for the violation of federal recordkeeping requirements.

Date: 21 Oct. 2012

Jane Solicitor
Jane Solicitor, Attorney for Plaintiff 123 Nonesuch Ave Dontexist, ID 23456 (999)555-1111