MOTION FOR LEAVE TO FILE PUNITIVE DAMAGES

COME NOW all Plaintiffs, by and through their attorneys and for their Motion for Leave to File Punitive Damages against Defendants REDACTED, state as follows:

1.         August 11, 2007, Plaintiffs were passengers in REDACTED's vehicle that was being operated by REDACTED on Birmingham Road in Adams County.  At this same time Defendant REDACTED was also traveling down Birmingham Road.

2.         REDACTED DEFEDANTS engaged in a high speed race down Birmingham Road additionally both drivers were under the age of 21 and intoxicated, as a result of the high speed race and intoxication, the vehicles collided violently.

3.         REDACTED received a zero tolerance suspension and was convicted of failure to give stop or turn signal, both arose from the August 11, 2007 collision.  See Exhibit A, Driving Record.

4.         REDACTED received a zero tolerance suspension and was convicted of illegal transportation of alcohol, and speeding too fast for conditions, all charges arose from the August 11, 2007 collision.  See Exhibit B, REDACTED Driving Record.

5.         Defendants’ conduct of engaging in a high speed race as well as being legally intoxicated minors had a 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 Defendants.

WHEREFORE, Plaintiffs prays that this Court grant leave to file a punitive damages claim against Defendants.