LISA WINNETT

ATTORNEY FOR PETITIONER

100 East 100 North
Salt Lake City, Utah 84000
801-987-6543

IN THE THIRD DISTRICT COURT, SALT LAKE DEPARTMENT

IN AND FOR THE COUNTY OF SALT LAKE, STATE OF UTAH

ANN FORRESTER and

WILLIAM FORRESTER,

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-vs!

Plaintiffs,

RICHARD HART and

MERCURY PARCEL SERVICE, INC.,

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Case No. 54321
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COMPLAINT
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DEMAND FOR JURY TRIAL
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Defendants.

JURISDICTION

1.The district court has original jurisdiction under UCA 78A-5-102.

VENUE
2. Venue is proper pursuant to UCA 78B-3-307 because the events giving rise to this complaint
happened in this district and the Plaintiff is a resident of this county.
PARTIES
3. Plaintiff Ann Forrester is a teacher and Homemaker and resides at 1533 N. Capital Drive, Salt
Lake City, Utah.
4. Plaintiff William Forrester is the husband of Ann Forrester and resides with her.

Compliant

Page 1 of 3

Defendant Richard Hart is a driver employed by Defendant Mercury Parcel Services, Inc., and
resides at 1049 S. Prince Dr., Littleton, Colorado.
5. Defendant Mercury Parcel Service, Inc. is incorporated in the state Colorado with its principle
place of business located at 1005 N. Logan Ave, Denver, Colorado.
FACTS
6. On February 26, 2013, at approximately 7:30 A.M., The Plaintiff Ann Forrester was walking
across a hilly and partially icy section of Highway 89 in Salt Lake City, County of Salt Lake, in
the State of Utah.
7. At that time, Defendant Hart was driving a van on behalf of his employer and the owner of the
van, Defendant Mercury Parcel Service, Inc.
8. Defendant hart operated the van negligently by:
(a) driving the vehicle at an excessive rate of speed under the circumstances;
(b) failing to exercise a proper lookout;
(c) failing to exercise adequate control of said vehicle; and
(d) otherwise failing to exercise due and adequate care under the circumstances.
9. As a direct consequence of the Defendants negligence, the Plaintiff was struck down by the
defendants van and seriously injured.
CAUSE OF ACTION
10. The Defendant Hart had a duty to to operate his vehicle in a safe manner. This duty was
breeched because of said negligence, the Plaintiff suffered fractures of the left leg and hip;
damage to the lower spine; torn muscles, tendons, tissue and nerves; insomnia; paralysis that
confines her to a wheelchair; depression; and other maladies, causing her intense pain and great
suffering and considerable inconvenience which will continue in the future.
11. As a consequence of the Defendants negligence and the aforesaid injuries, the plaintiff has
incurred and will incur substantial monetary losses for hospital and medical care, lose of income
and benefits, domestic services, and property damage to her coat and clothing.
REQUEST FOR RELIEF

Compliant

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12. WHEREFORE, the Plaintiff demands judgement in the amount of seven million dollars
($7,000,000), together wight he costs and disbursements of this action and for such other relief as
this court may deem just and proper.

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COUNT TWO
13. The Plaintiffs hereby allege and incorporate by reference paragraphs 1 through 9 of Count
One.
14. Because of the Defendants negligence, Plaintiff William Forrester has suffered the lose of
consortium with his wife, Ann Forrester, in the amount of twenty thousand dollars ($20,000).
REQUEST FOR RELIEF
15. WHEREFORE, the Plaintiff William Forrester demands judgment against the defendants in
the sum of twenty thousand dollars ($20,000) and cost and for such other relief as this court may
deem just and proper.

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LISA WINNETT
ATTORNEY AT LAW
100 East 100 North
Salt Lake City, Utah 84000
801-987-6543

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Ann Forrester and William Forrester, being duly sworn on oath according to law, depose and
state that they have read the foregoing complaint and that the matters stated therein are true to
the best of their knowledge, information and belief.

Ann Forrester

William Forrester

Compliant

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