1.         At the time of the subject incident the Plaintiff, was a resident of Illinois.

2.         At the time of the subject incident the Defendant, was a resident of Illinois.   

3.         The amount in controversy exceeds $50,000 exclusive of interest and costs.    

4.         Venue is appropriate in St Clair County, State of Illinois as the parties are both residents of Illinois and the subject incident occurred in St Clair County, Illinois.

5.         On August 25, 2006, Plaintiff was a passenger in a vehicle traveling West on Highway 161 that was at a complete, full, and legal stop pursuant to an electric signal at the intersection of Highway 161 and Greenmount Road.

6.         At the same time, a vehicle operated by Defendant was also traveling Westbound on Highway 161 and approaching its intersection with Greenmount Road.  

COUNT I - NEGLIGENCE

7.         Plaintiff hereby incorporates by reference paragraphs 1 through 6 of this 
Complaint as if fully set forth herein.

8.         The Defendant was negligent and caused a collision between Defendants 
vehicle and the vehicle Plaintiff was a passenger in.  

9.         Defendant breached the duty he owed Plaintiff in the following respects:

                        A)        Defendant failed to keep a lookout;

                        B)        Defendant failed to obey an electric traffic signal;

                        C)        Defendant failed to operate her vehicle in a safe manner;

                        D)        Defendant failed to avoid the collision;

                        E)         Defendant failed to keep a safe distance from the vehicle in                                         front of him;

                        F)         Defendant failed to safely bring his vehicle to a stop; and

                        G)        Defendant operated his vehicle while legally intoxicated.

10.       As a direct and proximate result of Defendant’s negligence Plaintiff was caused to suffer severe physical injuries, past and future pain and suffering, loss of enjoyment of life, and past and future lost wages and medical expenses.   

WHEREFORE, Plaintiff requests the Court to enter judgment in her favor and against the Defendant, and award her compensatory damages in an amount to be proven at trial to be fair and reasonable in excess of $50,000; to award her prejudgment interest, attorney fees, and the costs of this action; and to grant such other relief as the Court may deem necessary and proper.

COUNT II – PUNITIVE DAMAGES - DRUNK DRIVING

11.       Plaintiff hereby incorporates by reference paragraphs 1 through 10 of this 
Complaint as if fully set forth herein.

12.       Defendant’s conduct of operating his vehicle while legally intoxicated has direct and proximate causation to the said collision and resultant injuries and constitutes extreme and outrageous conduct that constitutes a conscious disregard for the safety of others.  Said conduct justifies the imposition of punitive damages against Defendant.

WHEREFORE, Plaintiff prays for judgment against Defendant for punitive damages in an amount necessary to deter and punish Defendant of $500,000, and whatever other relief the Court deems just and proper.