Free Complaint - District Court of Delaware - Delaware

Case 1:08-cv-00038-JJF

Document 1

Filed 01/18/2008

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ELIZABETH SAKELLARIS, Plaintiff, v. SAMUEL MILLER and GOLDEN RING TRAVEL & TRANSPORTATION, INC. Defendants. ) ) ) ) C.A. No.: ) ) ) ) ) ) ) ) TRIAL BY JURY DEMANDED

Case 1:08-cv-00038-JJF

Document 1

Filed 01/18/2008

Page 2 of 5

COMPLAINT 1. Plaintiff Elizabeth Sakellaris is a resident of the State of Maryland,

currently residing at 12916 Gent Road, Reisterstown, Maryland 21136 2. At all times relevant herein, Defendant Samuel Miller (hereinafter

"Miller") was a resident of the State of Maryland with a last known address of 2852 Beckon Drive, Edgewood, Maryland 21040. 3. Defendant Golden Ring Travel & Transportation, Inc., (hereinafter

"Golden") is a Maryland corporation. Service of process may be made upon its registered agent, Simon Shea, Route 16, Box 396, Baltimore, Maryland 21220, pursuant to the provisions of 10 Del. C. § 3112. 4. At all times relevant herein, Defendant Miller was acting in the course and

scope of his employment as an agent, servant and/or employee of Defendant Golden. Defendant Golden is responsible for the acts of Defendant Samuel Miller pursuant to the doctrine respondeat superior. 5. There is complete diversity of citizenship between Plaintiff and the

Defendants, and the amount in controversy exceeds $75,000. 6. On or about April 16, 2006, Plaintiff Sakellaris was a passenger in a

vehicle that was traveling on southbound Interstate I-95 in Newark, Delaware. 7. At approximately the same time and place, Defendant Miller was

operating a bus owned by Defendant Golden, directly behind the Sakellaris vehicle. 8. As the Sakellaris vehicle slowed and stopped for traffic, Defendant Miller

continued forward in the Golden bus, thereby causing Defendants' vehicle to collide into the rear of the Sakellaris vehicle.

2
DB02:6491733.1 066976.1001

Case 1:08-cv-00038-JJF

Document 1

Filed 01/18/2008

Page 3 of 5

9.

The aforesaid collision was proximately caused by the negligence of

Defendant Miller in that he: (a) failed to give full time and attention to the operation of his motor

vehicle and failed to keep a proper lookout in violation of 21 Del. Code § 4176(b); (b) operated his vehicle in a careless and imprudent manner without

due regard for the traffic conditions then existing, in violation of 21 Del. Code § 4176(a); (c) failed to exercise and maintain control of his vehicle at all times so

as to keep it from colliding with another vehicle; (d) followed another more closely than was reasonable and prudent in

violation of 21 Del. Code § 4123; (e) 10. violated the common law duty of lookout.

Defendant Golden Ring Travel & Transportation, Inc. is liable under the

doctrine of respondeat superior for the aforesaid negligence of Defendant Samuel Miller. 11. The aforesaid collision was proximately caused by the negligence and/or

gross negligence of the defendant, Golden Ring Travel & Transportation, Inc., in that Golden: (a) Hired defendant, Samuel Miller, when it knew or should have

known that Miller was unfit or incompetent to operate a commercial motor vehicle; (b) Retained defendant, Samuel Miller, when they knew or should

have known that Miller was unfit or incompetent to operate a commercial motor vehicle; (c) Failed to adequately train defendant, Samuel Miller, when they

knew or should have known that Miller was unfit or incompetent to operate a commercial motor vehicle; and

3
DB02:6491733.1 066976.1001

Case 1:08-cv-00038-JJF

Document 1

Filed 01/18/2008

Page 4 of 5

(d)

Failed to adequately supervise, monitor and control defendant,

Samuel Miller, when they knew or should have known that Miller was unfit or incompetent to operate a commercial vehicle. 12. As a direct and proximate result of the defendants, Golden Ring Travel &

Transportation Inc., and Samuel Miller's, negligence and/or gross negligence, plaintiff, Elizabeth Sakellaris suffered severe personal injuries including but not limited to her head, neck, and back. 13. As a direct and proximate consequence of her injuries, Plaintiff Elizabeth

Sakellaris has experienced severe pain and suffering with discomfort, both physical and mental in nature. 14. As a direct and proximate consequence of her injuries, Plaintiff Elizabeth Sakellaris has

been hospitalized, has been required to undergo extensive medical treatment and will be required to undergo such treatment in the future.15. As a direct and proximate consequence of her injuries, Plaintiff Elizabeth Sakellaris has incurred medical, pharmaceutical, therapeutic, and related bills and will continue to incur such bills in the future.16. As a direct and proximate

consequence of her injuries, Plaintiff Elizabeth Sakellaris has incurred in the past and will continue to incur in the future lost wages and/or diminished earning capacity.WHEREFORE, Plaintiff demands judgment against all defendants, jointly, severally and individually, for the 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. YOUNG CONAWAY STARGATT & TAYLOR, LLP

Timothy E. Lengkeek (No. 4116) The Brandywine Building 1000 West Street, 17th Floor P.O. Box 391 4
DB02:6491733.1 066976.1001

Case 1:08-cv-00038-JJF

Document 1

Filed 01/18/2008

Page 5 of 5

Wilmington, Delaware 19899-0391 Telephone: (302) 571-6605 Facsimile: (302) 576-3308 [email protected] Attorneys for Plaintiff Dated: __________________

5
DB02:6491733.1 066976.1001

JS 44 (Rev. 12/96)

Case 1:08-cv-00038-JJF

Document 1-2

Filed 01/18/2008

Page 1 of 2

CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

I. (a) PLAINTIFFS
ELIZABETH SAKELLARIS

DEFENDANTS
SAMUEL MILLER and GOLDEN RING TRAVEL & TRANSPORTATION, INC. COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT: HARFORD COUNTY, MD (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED ATTORNEYS (IF KNOWN)

(b)

COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF: BALTIMORE COUNTY, MD (EXCEPT IN U.S. PLAINTIFF CASES)

(c)

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER) Timothy E. Lengkeek (#4116) YOUNG CONAWAY STARGATT & TAYLOR, LLP 1000 West Street, 17th Floor P.O. Box 391 Wilmington, Delaware 19899-0391 (302) 571-6605
(PLACE AN X IN ONE BOX ONLY)

II. BASIS OF JURISDICTION
1 U.S. Government Plaintiff

III. CITIZENSHIP OF PRINCIPAL PARTIES

2 U.S. Government Defendant

(For Diversity Cases Only) PTF DEF 3 Federal Question Citizen of This State (U.S. Government Not a Citizen of Another State Party) Citizen or Subject of a Foreign Nation 4 Diversity Incorporated or Principal Place (Indicate Citizenship of of Business in This State Incorporated and Principal Place Parties in Item III) of Business in This State Foreign Country

(PLACE AN X IN ONE BOX FOR PLAINTIFF AND ONE BOX FOR DEFENDANT) PTF DEF 1 1 2 2 3 3 4 5 6 4 5 6

IV. ORIGIN
1 Original Proceeding

(PLACE AN "X" IN ONE BOX ONLY) to District Appeal 2 Removed from State Court 3 Remanded from Appellate Court Transferred from 4 Reinstated or 5 another district Reopened (specify) Judge from 6 Multidistrict Litigation 7 Magistrate Judgment

V. NATURE OF SUIT
CONTRACT Insurance Marine Miller Act Negotiable Instrument Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veteran's Benefits 160 Stockholders' Suits 190 Other Contract 195 Contract Product Liability 110 120 130 140 150 REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

(PLACE AN X IN ONE BOX ONLY) TORTS PERSONAL INJURY 362 Personal Injury Med Malpractice 365 Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability FORFEITURE/PENALTY 610 Agriculture 620 Other Food & Drug 625 Drug Related Seizure of Property 21 U.S.C. 881 630 Liquor Laws 640 R R & Truck 650 Airline Regs 660 Occupational Safety/Health 690 Other BANKRUPTCY 422 Appeal 28 U.S.C. 158 423 Withdrawal 28 U.S.C. 157 OTHER STATUTES 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce/ICC Rates, etc. 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 U.S.C. 3410 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900 Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes 890 Other Statutory Actions

TORTS PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury

PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark

CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 440 Other Civil Rights

PRISONER PETITIONS 510 Motions to Vacate Sentence Habeas Corpus 530 General 535 Death Penalty 540 Mandamus & Other 550 Other

LABOR 710 Fair Labor Standards Act 720 Labor/Mgmt Relations 730 Labor/Mgmt Reporting & Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl Ret Inc Security Act

SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g))

FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRS - Third Party 26 U.S.C. 7609

VI. CAUSE OF ACTION
28 U.S.C. § 1332

(CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE BRIEF STATEMENT OF CAUSE DO NOT CITE JURISDICTIONAL STATUTSE UNLESS DIVERSITY.)

VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY
DATE ____________________ FOR OFFICE USE ONLY

CHECK IF THIS IS A UNDER F.R.C.P. 23
(See instructions)

CLASS ACTION

DEMAND $ in excess of $75,000 only if demanded in complaint Check YES JURY DEMAND: YES NO

JUDGE ___________________________________ DOCKET NUMBER ______________________________ SIGNATURE OF ATTORNEY OF RECORD ___________________________________________________________

RECEIPT # _______________________ AMOUNT ________________________ APPLYING IFP ________________________ JUDGE _________________________ MAG. JUDGE _________________________

DB02:6492505.1

066976.1001

JS 44 Reverse (Rev. 12/96)

Case 1:08-cv-00038-JJF

Document 1-2

Filed 01/18/2008

Page 2 of 2

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-44 Authority For Civil Cover Sheet
The JS-44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs - Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved). (c) Attorneys. Enter firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)." II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction is based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS-44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section IV above, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. Origin. Place an "X" in one of the seven boxes.

IV. V.

VI.

Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C. Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate's decision. VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS-44 is used to reference relating pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.

DB02:6492505.1

066976.1001

Case 1:08-cv-00038-JJF

Document 1-3

Filed 01/18/2008

Page 1 of 1