Free Amended Complaint - District Court of Delaware - Delaware

Case 1 :07-cv—00007-GIVIS Document 17 Filed 06/21 /2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT .
EoR T1-1E DISTRICT or DELAWARE F I L E D
WILLIAM C. CONAWAY and ) J IN Gm
RICHARD L. PUICAN, As Executor ) [ 2 1 4/07
Of the Estate of ROBERT PUICAN, )
) u.s. DISTRICT count
Plaintiffs, ) C.A. No.: 07-007 GMS °'ST“‘CT OF DELAWARE
)
v. )
) TRIAL BY JURY DEMANDED
HEANNEN HARRISON, )
)
Defendant. )
AMENDED COMPLAINT
1. Plaintiff, William C. Conaway, is a resident of the State of Delaware,
residing at 300 West Franklin Avenue, New Castle, DE 19720. U
2. At all times relevant herein, Plaintiff, Roberta Puican, @ a resident of
the State of Delaware, residing at 37 Ellen Devine Avenue, Newark, DE 19713.
3. On F ebrug 26, 2007, Plaintiff Roberta Puican passed away. Her son,
Richard L. Puican, has been named Executor of her Estate for pigposes of this litigation.
3. Defendant, Heannen Harrison, is a resident of the Commonwealth of
Pennsylvania, residing at 432 Ashley Court, Newtown, PA 18940. Service of process may be
made upon the Secretary of State ofthe State of Delaware, pursuant to 10 Del. C. § 3112.
4. There is complete diversity of citizenship between Plaintiffs and the
Defendant, and the amount in controversy exceeds $75,000. This Court has jurisdiction pursuant
to 28 USC. § 1332 (a)(2).
5. On July 16, 2006, the Defendant was operating a 2005 white Chevrolet
A Corvette on southbound U.S. Route 13 near Wilmington, Delaware at an excessive rate of speed.
At approximately the same time, Plaintiff Conaway was attempting to exit the parking lot of the
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Golden Dove Dinner, located off of U.S. Route 13, just south, of the Franklin Avenue. Plaintiff
Puican was a passenger in the Conaway vehicle. After checking for southbound Route
13 traffic, Plaintiff Conaway proceeded across the southbound lanes of Route 13 towards the far
left turn lane. Just prior to clearing the southbound travel lanes of Route 13, the Harrison vehicle
suddenly and without warning violently struck the left rear passenger side of the Conaway
vehicle, pushing the Conaway vehicle approximately one hundred feet. The Harrison vehicle left
approximately one hundred and eighteen feet of skid mark. Upon information and belief, the
Defendant Harrison vehicle was traveling at an extremely high rate of speed, as high as ninety
(90) miles an hour just prior to the collision. .
6. The aforesaid collision was proximately caused by the negligence of
defendant, in that he:
(a) drove at a highly excessive rate of speed in violation of
21 Del. C. § 4169;
_ (b) Operated his vehicle in a careless, impmdent, and/or reckless and
grossly negligent manner without due regard for road and traffic conditions then existing, in
violation of 21 Del. C. § 4169;
(c) Failed to give full time and attention to the operation of his vehicle
in violation of2l Del. C. § 4l76(b);
(d) Failed to keep a proper lookout; and
(e) Failed to keep his vehicle under proper control.
7. As a direct and proximate result of the Defendant’s negligence and/or
gross negligence, Plaintiff, William C. Conaway, suffered personal injuries including, but not
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limited to his neck, back, extremities and head. At the scene of the accident, Plaintiff Conaway
experienced horror, terror and entrapment. Some or all of his injuries are permanent.
8. As a direct and proximate result of the Defendant Ha1·rison’s negligence
and/or gross negligence, Plaintiff, Roberta Puican, suffered personal injuries including, but not
limited to her neck, back, extremities and head. At the scene of the accident, Plaintiff a I
Puican experienced horror, terror and fear. Some or all of her injuries yy pe1ma11ent@
continued to the time of her death.
C 9. As a direct_ and proximate consequence of their injuries, Plaintiffs,
William C. Conaway and Roberta Puican, have experienced substantial pain, suffering and
discomfort, both physical and mental in nature.
lO. As a direct and proximate consequence of their injuries, Plaintiffs,
William C. Conaway and Roberta Puican, have been required to undergo prolonged medical
treatment and incurred medical bills, and will be required to undergo medical treatment and incur
medical bills in the future.
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Case 1 :07-cv—00007-GIVIS Document 17 Filed 06/21/2007 Page 4 of 4
WHEREFORE, Plaintiffs, William C. Conaway and Richard L. Puican, as
Executor of the Estate of Roberta Puican, demand judgment against Defendant, Heannen
Harrison, jointly for their respective general, punitive, and special damages, including pain and
suffering, the cost of this action, pre- and post—judgment interest, and any other award the Court
deems just and proper. U
YOUNG CONAWAY STARGATT & TAYLOR, LLP
Timothy E. Lenglceek (#41 16)
1000 West Street, 17m Floor
P.O. Box 391
Wilmington, DE 19899-0391
(302) 571-6605
[email protected]
_ Attorneys for Plaintiffs
Dated:
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