Wrongful Death Complaint; Motorcycle Accident; Vicarious Liability

Posted by: on Fri, Oct 24, 2014

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COMPLAINT

G. MARK ALBRIGHT, ESQ           .

Nevada Bar No. 00394

WHITNEY B. WARNICK,
ESQ.

Nevada Bar No.
001573

ALBRIGHT, STODDARD,
WARNICK & ALBRIGHT

801 South Rancho
Drive, Suite D-4

Las Vegas,
Nevada  89106

(702) 384-7111

fax: (702) 384-0605

wbw@albrightstoddard.com

Attorneys for
Plaintiff

 

 

DISTRICT COURT

 

CLARK COUNTY, NEVADA

 

 

BECKY WOODRUFF, individually,                                                            )           Case
No.         A-14-708243-C

and BECKY WOODRUFF, as                                                                      )           Dept No.         XVIII

Administratrix of the Estate of                                   )

ROBERT MICHAEL BUCHANAN,                       )

Deceased,                                                        )

)

Plaintiffs,        )            COMPLAINT
FOR WRONGFUL

)           DEATH

                                                                        )

v.                                                                                                                                             )           (Arbitration Exemption Claimed)

)           (Probable Jury Verdict in Excess

ROY COZART, an individual;                                                                      )           of $50,000)

TRI STATE LOGISTICS, LLC, a                             )

Nevada limited liability company; and           )

DOES I through X, inclusive; and ROE        )

BUSINESS ENTITIES I through X,             )

inclusive,                                                                                                         )

)

Defendants..   )


__  
    )

 

            COMES NOW, Plaintiffs BECKY WOODRUFF, an individual, and as
Administratrix of the Estate of ROBERT MICHAEL BUCHANAN, by and through her
undersigned counsel, and for their causes of action against the Defendants, and
each of them, Plaintiffs allege as follows:

GENERAL ALLEGATIONS

            1.         Plaintiff,
Becky Woodruff, is and at all times mentioned herein was a resident of the
County of Clark, State of Nevada.

2.         Plaintiff,
Becky Woodruff, as Administratrix of the Estate of Robert Michael Buchanan,
deceased (“Buchanan”), appointed on September 26, 2014 in Case No.
P-14-082204-E as evidenced by the Order attached hereto as Exhibit “A,” is and
was, at all times relevant to these proceedings, a resident of the County of
Clark, State of Nevada.

3.         At
all times relevant hereto, Defendant Roy Cozart (hereinafter”Cozart) is and was
a resident of the County of Clark, State of Nevada.

4.         Defendant,
Tristate Logistics LLC (hereinafter “Tristate”) was and is a domestic limited
liability company duly organized and existing under the laws of the State of
Nevada, and at all relevant times hereto, was located at 71 North Pecos Road,
Las Vegas, Nevada 89101.

5.         The
true names and capacities, whether individual, corporate, associate, or
otherwise of DOES I through X, inclusive, and/or ROE BUSINESS ENTITIES I
through X, inclusive, are unknown to Plaintiffs, who therefore sue said
Defendants by such fictitious names.
Plaintiffs are informed and believe and thereon allege that the
Defendants designated as DOE and/or ROE BUSINESS ENTITIES are any one of the
following:

a.         A party responsible in some manner for
the events and happenings herein referred to, and which party in some manner
caused the injuries and damages proximately thereby to the Plaintiffs as herein
alleged;

b.         Parties that were the agents, servants,
employees and contractors of the Defendants, and each of them, acting within
the course and scope of their agency, employment, or contract;

c.         Parties that owned, leased, managed,
operated, secured, inspected, repaired, maintained, entrusted and/or were
responsible for Defendants’ vehicles at the time of this incident;

d.         Parties that were responsible for the
supervision of one or more of the Defendants herein; and

e.         Parties that have assumed or retained
the liabilities of any of the Defendants’ vehicles by virtue of an agreement,
sale, transfer or otherwise.

Plaintiffs specifically complain and
allege one or more causes of action against these parties, However, as of the
filing of this Complaint, Plaintiffs are not sure as to whether those entities
are individuals, partnerships, limited partnerships, corporations, associations
of individuals and businesses, or some other form of business ownership.  When the same has been ascertained by the
Plaintiffs, together with the appropriate charging allegations, Plaintiff will
ask leave of this Court to amend this Complaint to insert the true names and
capacities of said Defendants, DOES I through X and/or ROE BUSINESS ENTITIES I
through X, inclusive, and to join such in this action.

6.         Upon
information and belief, at all times mentioned in this Complaint, Defendants,
and each of them, were the agents, servants, partners, employers, and employees
of each and every other Defendant, and were acting within the course and scope
of their agency, partnership and employment.

7.         At
all times material to this Complaint, the acts and omissions giving rise to
this action occurred in Clark County, Nevada.

8.         On
or about July 29, 2014, Buchanan was riding his Honda motorcycle and traveling
westbound on Spring Mountain Road between Decatur Boulevard and Lindell Road,
in Clark County, Nevada.

9.         At
about the same time, Cozart, in the scope and course of his employment with
Tristate, driving an F150 Ford pickup truck belonging to his sister, pulled out
of a parking lot located at 5320 Spring Mountain Road, onto Spring Mountain
Road in front of a moving CAT bus, and failed to look left

for approaching
traffic in the second lane, thus colliding with Buchanan on his motorcycle, who
was traveling westbound on Spring Mountain Road in the second lane adjacent to
the CAT bus.

10.       As
a result of Cozart’s extreme negligence and failure to yield the right-of-way,
Buchanan sustained serious bodily injury, eventually resulting in his untimely
death.

11.       As
a result of Cozart’s negligence, Plaintiff Woodruff lost her son.

12.       As
a result of Cozart’s negligence, Buchanan suffered extreme pain and suffering,
damages, injuries and medical expenses.

13.       As
a result of Cozart’s negligence, the Estate of Robert Michael Buchanan (who
suffered extreme pain, suffering and other personal injuries resulting in his
eventual death) has sustained damages and claims of creditors.

/ / /

/ / /

FIRST CAUSE OF ACTION

(Wrongful Death; Negligence – Against All Defendants)

            14.       Plaintiffs
hereby repeat and reallege each and every fact set forth in the preceding
paragraphs, as though set forth in full at this time,

15.       It
was the duty of Cozart to drive in a safe manner, and not to negligently,
carelessly and/or recklessly cause injury or damage to other persons, including
the Plaintiffs and Buchanan.

16.       Cozart
drove negligently and recklessly due to the following:

a.         Cozart failed to keep his vehicle under
proper control at all times;

b.         Cozart was inattentive and failed to
keep a proper lookout for other vehicles lawfully using the roadways;

c.         Cozart failed to stop his vehicle in
sufficient time to avoid colliding with Buchanan causing his death;

d.         Cozart failed to afford Buchanan proper
and sufficient notice and warning of the approach of Cozart’s vehicle
encroaching into Buchanan’s travel lane, sufficient for Buchanan to stop or
otherwise to properly protect himself, or avoid the collision;

e.         Cozart failed to use due care and to
yield the right of way to oncoming traffic while exiting a small parking lot,
which had the right of way on Spring Mountain Road, including Buchanan;

f.          Cozart made an intentional but
dangerous decision to cut in front of the moving CAT bus without being able to
see if vehicles were traveling next to the bus; and

g.         Cozart made the erroneous and dangerous
assumption that no other vehicles were traveling in the number 2 travel lane
next to the bus, which was the major cause of Buchanan’s death.

17.       As
a direct and proximate result of the aforesaid negligence, carelessness and
recklessness of the Defendants, and each of them, Plaintiff Woodruff has
suffered the wrongful death of her son, Robert Michael Buchanan, and has
thereby suffered, and continues to suffer, grief, loss of guidance, sorrow, severe
emotional distress, mental pain, loss of companionship, society, and comfort
and also damages for pain and suffering and disfigurement of her son as
contemplated by law in NRS 41.085, all of which caused Plaintiff’s damages in
excess of $10,000.

18.       As
a direct result of the negligence of the Defendants, and each of them,
Plaintiff Woodruff suffered personal injuries, including, but not limited to,
severe emotional distress, mental pain, loss of companionship, society, pain
and suffering medical bills past and future in excess of $10,000.

19.       Plaintiffs
have been forced to retain the services of ALBRIGHT, STODDARD, WARNICK &
ALBRIGHT to prosecute this action, and Plaintiffs are entitled to recover the
reasonable attorneys’ fees and costs of those services.

SECOND CAUSE OF ACTION

(TRISTATE LOGISTICS LLC (Respondeat Superior);

Negligence and Wrongful Death)

            20.       Plaintiffs
incorporate by reference herein the foregoing paragraphs as though fully set
forth herein.

21.       Plaintiffs
are informed and believe that at the time of the subject accident, Tristate was
the employer and/or had control of its agent Buchanan.

22.       Cozart
was acting within the course and scope of his duties for Tristate delivering
auto parts and other packages for and on behalf of Tristate at the time of the
collision with Buchanan.

23.       Under
the doctrine of Resondeat Superior, Defendant Tristate is vicariously liable,
jointly and severally, for the damages suffered by Buchanan and Plaintiff as a
direct and proximate result of its employees and/or agents’ negligence while
driving in the course and scope of his employment as a delivery driver and/or
courier employee of Tristate.

24.
Tristate, through its employees and/or agents, owed a duty to Buchanan and
Plaintiff to drive safely and to avoid dangerous and/or reckless conduct.

25.       Tristate,
by and through its employees and/or agents, breached its duties of due care by
negligently, carelessly and recklessly failing to drive in a safe manner which
caused Buchanan’s death and damages to Plaintiffs.

26.       As
the direct and proximate consequences of Tristate’s negligent, careless and
reckless breach of duty, Plaintiff Woodruff suffered the loss and wrongful
death of her son, Buchanan, all of which caused Plaintiff damages in excess of
$10,000.

27.       As
the direct and proximate consequences of Tristate’s negligent, careless and
reckless breach of duty, Plaintiff Woodruff has suffered, and continues to
suffer, emotional damage, and pain and suffering to her general damage in
excess of $10,000.

28.       Plaintiffs
have been forced to retain the services of ALBRIGHT, STODDARD, WARNICK &
ALBRIGHT to prosecute this action, and Plaintiffs are entitled to recover the
reasonable attorneys’ fees and costs of those services.

WHEREFORE, Plaintiff Becky
Woodruff, expressly reserving her right to amend this Complaint to set forth
causes of action and/or items of damages not yet known, prays for judgment for
each of these causes of action as follows:

1.         For
compensatory damages for medical expense in the amount in an amount in excess
of $10,000;

2.         For
general damages for past, present and future pain and suffering, distress, loss
of life activities, and other damages in an amount in excess of $10,000;

3.         For
past, present and future special and general damages, as set forth above,
including, but not limited to, bodily injury, medical expenses, loss of life,
other out-of-pocket expenses and consequential damages, physical pain and
suffering, loss of enjoyment of life in an amount in excess of $10,000; and

4.         For pre-judgment and post-judgment
interest, reasonable attorneys’ fees, costs of court, and such other and future
relief that the court may deem just and proper.

 

DATED this _____ day of October, 2014.

 

ALBRIGHT,
STODDARD, WARNICK

&
ALBRIGHT

 

 

By:______________________________

G. MARK ALBRIGHT, ESQ.

Nevada Bar No. 01394

WHITNEY B. WARNICK, ESQ.

Nevada Bar No. 001573

801 South Rancho Drive, Suite D-4

Las Vegas, Nevada  89106

(702) 384-7111

Attorneys for Plaintiffs

About the Authors: The law firm of Albright, Stoddard, Warnick & Albright is an A-V Rated Nevada-based full-service law firm having attorneys licensed in Nevada, California and Utah. Our firm’s practice includes a strong emphasis on personal injury accidents. Call us at 702-384-7111.

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