Summons – SUMMONS THIRD AMENDED COMPLAINT

STATE OF WISCONSIN

PIERCE COUNTY

CIRCUIT COURT

Case No.: 16-CV-137

Case Code- 30101

Claim exceeds $50,000.00

SALMA ATROON

998 LeRoy Lane

River Falls, WI 54022,

Plaintiff,

v.

GEICO General Insurance Company

One Geico Center

Macon, GA 31296-0001, and

THOMAS B. HENRY, a/k/a Thomas Coleman Henry, a/k/a Thomas Brian Henry, a/k/a Thomas C. Henry, a/k/a Thomas Henry, a/k/a Tom Henry, a/k/a Henry B. Thomas, a/k/a Henry Thomas Brian, a/k/a Henry Thomas Coleman, a/k/a Brian Henry Thomas, a/k/a Henry Thomas 1331 White Oak Drive Chaska, Minnesota 55318

Defendants.

NOW COMES the above-named plaintiff, Salma Atroon, by and through their attorneys, David L. Sienko and B. J. Hammarback, of Hammarback Law Offices, S.C, as and for a cause of action against the above-named defendants, claims, and alleges to the Court as follows:

1. Plaintiff, Salma Atroon, is an adult resident of St. Croix County, Wisconsin, residing at 998 LeRoy Lane, River Falls, WI 54022.

2. Defendant, GEICO General Insurance Company, is an insurance company with its principal office located at One Geico Center, Macon, GA 31296-0001, and is engaged in the business inter alia, of issuing liability insurance policies and whose registered agent is Emile H Banks, Jr, Emile Banks & Associates, LLC 1200 N. Mayfair Rd, STE 290, Milwaukee, WI 53226.

3. Defendant Thomas B. Henry, a/k/a Thomas Coleman Henry, a/k/a Thomas Brian Henry, a/k/a Thomas C. Henry, a/k/a Thomas Henry, a/k/a Tom Henry, a/k/a Henry B. Thomas, a/k/a Henry Thomas Brian, a/k/a Henry Thomas Coleman, a/k/a Brian Henry Thomas, a/k/a Henry Thomas, is an adult resident of Carver County, Minnesota, residing at 1331 White Oak Drive Chaska, Minnesota 55318.

4. On or about August 14,2014, plaintiff was traveling in her vehicle eastbound on E. Walnut Street waiting to turn into a parking spot in the City of River Falls, Pierce County, Wisconsin. Defendant, Thomas B. Henry, was backing out of a parking spot onto E. Walnut Street in the City of River Falls, Pierce County, Wisconsin. Defendant, Thomas B. Henry, struck plaintiffs vehicle. Plaintiff suffered injuries and her vehicle was damaged.

5. Plaintiff alleges on information and belief that there was in force at the time of said accident, an insurance policy of the vehicle operated by Thomas B. Henry, issued by the defendant, GEICO General Insurance Company, whereby the insurer insured and agreed to indemnity and save harmless the insured named in said policy and any person operating said vehicle with the permission of the named insured, against all liability and damage suffered or alleged to have been suffered by any third person by reason of the negligent operation of said automobile; that said policy contained a provision whereby said insurer reserved the right to defend any person operating said vehicle with the permission of the named insured, and to control the handling, settling and adjustment of claims as the result of any such negligent operation; that said vehicle at the time of said accident was being operated by/or with the permission of the named insured, and by reason of said policy and said accident, said insurer is liable to plaintiffs for the damages hereinbefore set forth.

CLAIM I – NEGLIGENCE

6. On or about August 14, 2014, plaintiff was traveling in her vehicle eastbound on E. Walnut Street in the City of River Falls, Pierce County, Wisconsin. That Plaintiff was struck by Thomas B. Henry and suffered injuries.

7. Thomas B. Henry had a common law duty to operate a vehicle in a non-negligent manner, as a reasonable and prudent proprietor would in the same or similar circumstances.

8. Thomas B. Hemy deviated from the common law standard of care by negligently operating a vehicle by colliding with. another vehicle and that the defendant knew or should have known of the driving hazard.

9. As a proximate cause and result of Thomas B. Hemy and of said accident, the plaintiff sustained real and actual personal injuries for which plaintiff required and received medical attention. These injuries caused the plaintiff temporary and permanent pain, suffering and disability, medical expenses, past and future, car rental expenses, damages to her vehicle, and missed work all to the plaintiffs damage. The damages are in excess of $50,000.00.

CLAIM II – NEGLIGENCE PER SE

10. Reallege and incorporate by reference to the same force and effect as though set forth at length all previous paragraphs in this complaint.

11. Thomas B. Henry had a statutory duty to operate at a speed that is reasonable and prudent under the conditions pursuant to WIS. STAT. 346.57(2).

12. WIS. STAT. 346.57(2) is a safety statute that was designed to prevent the harm inflicted in this case. The plaintiff, Salma Atroon, was in the protected class under WIS. STAT. 346.57(2). And the legislature intended that WIS. STAT. 346.57(2) serve as a basis for the imposition of civil liability.

13. Thomas B. Henry breached said statutory duty by failing to operate the vehicle at a speed that is reasonable and prudent under the conditions and having regard for the actual and potential hazards then existing.

14. Thomas B. Henrys breach was the direct and proximate cause of the plaintiffs temporary and permanent pain, suffering and disability, medical expenses, past and future, car rental expenses, damages to her vehicle, and missed work all to the plaintiffs damage. The damages are in excess of $50,000.00.

15. Thomas B. Henry had a statutory duty to operate safely and attentively pursuant to WIS. STAT. 346.89(1).

16. WIS. STAT. 346.89(1) is a safety statute that was designed to prevent the harm inflicted in this case. The plaintiff, Salma Atroon, was in the protected class under WIS. STAT. 346.89(1). And the legislature intended that WIS. STAT. 346.89(1) serve as a basis for the imposition of civil liability.

17. Thomas B. Henry breached said statutory duty by failing to operate the vehicle safely and attentively.

18. Thomas B. Henrys breach was the direct and proximate cause of the plaintiffs temporary and permanent pain, suffering and disability, medical expenses, past and future, car rental expenses, damages to her vehicle, and missed work all to the plaintiffs damage. The damages are in excess of $50,000.00.

19. Thomas B. Henry had a statutory duty to not cause great bodily harm to another by the negligent operation of a vehicle pursuant to WIS. STAT. 346.62(4).

20. WIS. STAT. 346.62(4) is a safety statute that was designed to prevent the harm inflicted in this case. The plaintiff, Salma Atroon, was in the protected class under WIS. STAT. 346.62(4). And the legislature intended that WIS. STAT. 346.62(4) serve as a basis for the imposition of civil liability.

21. Thomas B. Henry breached said statutory duty by operating a motor vehicle in a negligent manner that caused great bodily harm and property damage.

22. Thomas B. Henrys breach was the direct and proximate cause of the plaintiffs temporary and permanent pain, suffering and disability, medical expenses, past and future, car rental expenses, damages to her vehicle, and missed work all to the plaintiffs damage. The damages are in excess of $50,000.00.

23. Thomas B. Henry had a statutory duty to back a vehicle reasonably safe pursuant to WIS. STAT. 346.87.

24. WIS. STAT. 346.87 is a safety statute that was designed to prevent the harm inflicted in this case. The plaintiff, Salma Atroon, was in the protected class under WIS. STAT. 346.87. And the legislature intended that WIS. STAT. 346.87 serve as a basis for the imposition of civil liability.

25. Thomas B. Henry breached said statutory duty by failing to back a vehicle reasonably safe.

26. Thomas B. Henrys breach was the direct and proximate cause of the plaintiffs temporary and permanent pain, suffering and disability, medical expenses, past and future, car rental expenses, damages to her vehicle, and missed work all to the plaintiffs damage. The damages are in excess of $50,000.00.

WHEREFORE, plaintiff demands judgment against the defendants as follows:

1. For negligence and negligence per se damages as stated in the complaint;

2. For costs, disbursements and reasonable attorneys fees;

3. For such further orders as justice may require.

Dated this 2nd day of June, 2017.

HAMMARBACK LAW OFFICES,

S.C.

By: /s/ David L. Sienko

David L. Sienko, 1081403

B. J. Hammarback, 1018314

Attorneys for plaintiff

714 N. Main Street

PO Box 467

River Falls, WI54022

715.425.8180

Published in the

Carver County News

July 13, 2017

709988

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