Court File No.

000123/14 ONTARIO SUPERIOR COURT OF JUSTICE BETWEEN: JAMES KING and PATRICIA KING Plaintiffs -and-

FRANKLIN ROSE and BRIDGET ROSE Defendants STATEMENT OF CLAIM

TO THE DEFENDANT(S): A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the plaintiffs. The claim made against you is set out in the following pages. IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting for you must prepare a Statement of Defence in Form 18A prescribed by the Rules of Civil Procedure, serve it on the Plaintiffs lawyer or, where the Plaintiff does not have a lawyer, serve it on the Plaintiff, and file it, with proof of service in this court office, WITHIN TWENTY DAYS after this Statement of Claim is served on you, if you are served in Ontario. If you are served in another province or territory of Canada or in the United States of America, the period for serving and filing your statement of defence is forty days. If you are served outside Canada and the United States of America, the period is sixty days. Instead of serving and filing a statement of defence, you may serve and file a notice of intent to defend in Form 18B prescribed by the Rules of Civil Procedure. This will entitle you to ten more days within which to serve and file your statement of defence. IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU. IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE.

-2DATED: February 14, 2014 The Registrar Registrar 102 East Main Street Welland, ON L3B 3W6

Issued by: Address of Court Office:

TO

Franklin Rose 123 South Street Welland, ON L3C 3B3 Bridget Rose 123 South Street Welland, ON L3C 3B3

AND TO:

-3CLAIM

1.

The plaintiffs claim: (a) for the plaintiff, James King: (i) general damages in the amount of $100,000.00; (ii) damages for past and future loss of income, and, economic loss, in the amount of $200,000.00; (iii) damages for out-of-pocket expenses in an amount to be quantified at a reasonable time prior to court; (b) for the plaintiff, Patricia King: (i) damages in the amount of $15,000.00, pursuant to section 61 of the Family Law Act of Ontario, R.S.O. 1990, c. 3, as amended; (c) (i) for all the plaintiffs: prejudgment and post judgment interest pursuant sections 128 and 129 of the Courts of Justice Act, R.S.O. 1990, c. C-43; (ii) the costs of this action on a substantial indemnity scale, and;

such further and other relief as this Honourable Court may deem just.

-42. The plaintiff, James King, is an individual, ordinarily resident in the City of Welland, in the Regional Municipality of Niagara, in the Province of Ontario. 3. The plaintiff, Patricia King, is an individual, ordinarily resident in the City of Welland, in the Regional Municipality of Niagara, in the Province of Ontario. Patricia Ling is the mother of the plaintiff, James King. 4. The defendant, Franklin rose, is an individual, ordinarily resident in the City of Welland, in the Regional Municipality of Niagara, in the Province of Ontario. At all material times, the defendant Franklin Rose, was the operator, with the consent of the defendant, Bridget rose, of a 2010 Honda Goldwing, bearing license plate number BBB10 (hereafter referred to as the defendants motor vehicle). 5. The defendant, Bridget Rose, is an individual, ordinarily resident in the City of Welland, in the Regional Municipality of Niagara, in the Province of Ontario. At all material times, Bridget Rose was the owner of the defendants motor vehicle. 6. The plaintiffs state that on August 10, 2013, the plaintiff, James King was a passenger riding on the back of the defendants motor vehicle, in the City of Welland, in the Province of Ontario, travelling in a northerly direction along South Street, at or near 572 South Street (herein after referred to as the subject location). 7. The plaintiffs state that on the above date, the defendants motor vehicle, attempting to travel along South Street in a northerly direction, struck a curb, causing the plaintiff, James King, and Franklin Rose, to be ejected from the defendants motor vehicle, (the subject accident)

-58. The plaintiffs state that at all material times, the defendant, Bridget Rose, was the owner of the motor vehicle, as that term is defined at Section192 (2) of the Highway Traffic Act, R.S.O. 1990, c. H.8. 9. The plaintiffs state that the defendant, Franklin Rose, was the driver of the motor vehicle, as that term is defined at Section 192 (1) of the Highway Traffic Act, R.S.O. 1990, c. H.8. 10. The plaintiffs state that the subject accident was caused by the negligence of the defendant, Franklin Rose, for wh.8.ose negligence the defendant, Bridget Rose is at law responsible. Particulars of that negligence are as follows: (a) (b) (c) he consumed alcohol prior to the subject accident he failed to acknowledge lack of experience driving the subject motor vehicle he failed to provide appropriate safety equipment, required for operating the subject

motor vehicle (d) 11. he failed to operate the defendants motor vehicle with due care and attention

The plaintiffs state that the defendant, Franklin Rose, was charged with careless driving pursuant to Section 130 of the Highway Traffic Act of Ontario, (see citation above).

12.

The plaintiffs state that as a result of the subject accident, James King suffered personal injury as follows: (a) (b) (c) severe fracture to his wrist, requiring surgery, mild traumatic brain injury, and; post-concussion syndrome.

-613. The plaintiff, James King, states as a result of his injuries, he has experienced and will continue to experience pain, suffering and a diminution in his enjoyment of life, as that term is defined at Section 267.1 of the Insurance Act, R.S.O. 1990, c.I.8. 14. The plaintiff, James King, further states that he had finished his third year of a four year program in physics. As a result of the injuries he has incurred and will continue to incur, his cognitive difficulties have left him uncertain of his anticipated career in academics. James King states that such expenses will be quantified at a reasonable time prior to the trail of this action. 15. The plaintiff, Patricia King, states as a result of the injuries to the plaintiff James King, she has suffered a loss of income. Patricia King works full time. During the initial three month period, post-accident; she took an unpaid leave of absence from work, to take care of the plaintiff, James King. Patricia King also states as a result of the injuries to the Plaintiff James King, she has suffered a loss of the care, guidance and companionship she otherwise would have received from James King. In addition, Patricia King states that as a result of the injuries to James King, she has provided and will continue to provide nursing, housekeeping and other services to James King, and, has incurred expenses on behalf of James King. Patricia King states such expenses will be quantified at a reasonable time prior to trial. 16. The plaintiffs propose that this action be tried in the City of Welland, in the Province of Ontario.

DATED: February 14, 2014 BELLANTINO AND DROZDOSKI BARRISTERS AND SOLICITORS 10 John Street St. Catharines, ON L4R 5R5 Tel: Fax: 905-564-9876 905-564-9999

NANCY BELLANTINO (LSUC #4578)

Lawyers for the plaintiffs