Case 2:10-cv-11028-NGE-PJK Document 1 Filed 03/15/2010 Page 1 of 6

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JACQUELINE PISCITELLO, Personal

Representative of the Estate of Chad
Piscitello, deceased

Plaintiff,

Case No.

BOMBARDIER RECREATIONAL PRODUCTS,

INC., a Quebec Canada corporation.

Defendant.

Ronald F. DeNardis (P23268)

DeNardis, McCandless & Miller, P.C.
10 South Main Street, Suite 307
Mt. Clemens, MI 48043
(586) 469-9191

COMPLAINT AND DEMAND FOR TRIAL BY JURY

There is no other civil action between these parties arising out of the
same transaction or occurrence as alleged in this Complaint pending in
this Court, nor has any such action been previously filed and dismissed
or transferred after having been assigned to a Judge.

/s Ronald F. DeNardis
RONALD F. DeNARDIS (P23268)

NOW COMES the Plaintiff, JACQUELINE PISCITELLO, Personal Representative of

the Estate of Chad Piscitello, deceased, by and through her attorneys, DeNardis, McCandless &

Miller, P.C., and complaining against the above-named Defendant states as follows:

COUNT I

1. That Plaintiff, JACQUELINE PISCITELLO, and Plaintiff decedent, CHAD

PISCITELLO, were at all times pertinent hereto residents and citizens of the State of Michigan.
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2. That Defendant, Bombardier Recreational Products, Inc. ("Bombardier") is a

Quebec, Canada corporation which does continuous and systematic business in the State of

Michigan.

3. The amount in controversy herein is in excess of $75, 000.00 exclusive of costs,

interest and attorney fees.

4. In approximately November 2009, Plaintiff s decedent purchased a 600 cc 2009

Bombardier Ski Doo REV XP50, VINT 2BPSMP9A49V000448, which was designed,

manufactured and placed into the stream of commerce by Bombardier.

5. That for all relevant times, Defendant designed, manufactured, sold, and supplied

a wide variety of recreational products in the United States, including, but not necessarily limited

to, Bombardier Ski Doo identified above.

6. On or about February 6, 2010, Plaintiff s decedent was in the process of operating

the Ski Doo when the vehicle malfunctioned causing Plaintiff s decedent to crash into a tree and

suffer massive blunt chest wall trauma which resulted in his death. The incident herein occurred

in Roscommon County, State of Michigan.

7. The Ski Doo being used by Plaintiff on said date was designed, manufactured,

sold, tested and distributed by Defendant was defective.

8. Through the negligence and/or gross negligence of Defendant, Plaintiff s

decedent sustained massive blunt chest wall trauma which resulted in his death.

9. Defendant owed certain duties to Plaintiff s decedent, notwithstanding Defendant

violated one or more of the same by various acts or omissions, including, but not limited to:

a. Failure to use reasonable care to properly design and

manufacture the Ski Doo and its component parts and sub
assemblies;

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b. Sale of the Ski Doo and its component parts in a dangerous

and defective condition;

c. Failure to design, manufacture, test, inspect and sell the Ski

Doo in a conditionreasonably fit and safe for its intended
uses;

d. Failure to adequately warn and instruct as to the use, operation

and performance of said Ski Doo under foreseeable
conditions;

e. Failure to Doo and its component parts so that

design the Ski
they could withstand foreseeable forces, internal and external,
in operating conditions that were reasonably anticipated;

f. Failure to properly and adequately manufacture said Ski Doo

so that they could withstand foreseeable forces, internal and

external and operating conditions without catastrophic failure;

g. Sale and supply of a defectively designed and manufactured

Ski Doo that was not safe and not reasonable fit for its
intended purposes;

h. Failure to properly and adequately test component parts and

assemblies manufactured by vendors and/or outside suppliers;
and

i. Other acts of negligence and/or gross negligence.

10. That as a direct and proximate result of the aforementioned

negligence of Defendant, Plaintiff sustained injuries which lead to his death.

11. That as a result of the wrongful death of Plaintiff's decedent,

Plaintiff brings this action pursuant to the Wrongful Death Statute of the State of

Michigan, MCL 600.2922 et seq.

12. That Plaintiff JACQUELINE PISCITELLO, personal

representative of the estate of Chad Piscitello, deceased, is entitled to recover

herein such damages as shall be deemed fair and just pursuant to the dictates of

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the Michigan wrongful death statute MCL600.2922 et seq including but not

limited to and by way of illustration only the following damages:

a. Conscious pain and suffering of the deceased;

b. Medical and burial expenses;

c. Loss of society, companionship, care, comfort, protection,

counsel, guidance and support Plaintiff s decedent would
have provided;

cl. Loss of personal services;

e. All other damages allowable under the Michigan Wrongful

Death Statute.

WHEREFORE, Plaintiff, JACQUELINE PISCITELLO, prays for a judgment in excess

of Seventy-Five ($75, 000) Dollars, exclusive of costs, interest and attorney fees in an amount to

be determined by a jury to be fair and reasonable.

COUNT II

13. Plaintiff, JACQUELINE PISCITELLO, repeats, re-alleges, and incorporates

herein by reference each and every allegation set forth in paragraphs l through 12 of this

Complaint as though same were fully set forth herein, word for word and paragraph by

paragraph.
14 Defendant expressly and impliedly warranted and represented that said Ski Doo

would be fit and safe for its intended use.

15. Said representations and warranties were false and said Ski Doo was not safe and

fit for the intended purposes and uses.

16. That as a direct and proximate result of Defendant's breaches of warranties,

Plaintiff's decedent died from massive blunt chest wall trauma.

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WHEREFORE, Plaintiff JACQUELINE PISCITELLO, personal representative of the

Estate of Chad Piscitello, prays for a judgment in excess of Seventy-Five ($75, 000) Dollars,

exclusive of costs, interest and attorney fees in an amount to be determined by a jury to be fair

and reasonable.

COUNT III

17. Plaintiff, JACQUELINE PISCITELLO, repeats, re-alleges, and incorporates

herein by reference each and every allegation set forth in paragraphs 1 through 16 of this

Complaint as though same were fully set forth herein, word for word and paragraph by

paragraph.

18. Said Ski Doo was in defective condition when it left the control of Defendant and

was unreasonably dangerous and not safe for its intended use.

19. As a direct and proximate result of said unreasonable, dangerous and defective

conditions; Plaintiff's decedent was caused to suffer massive blunt chest wall trauma which lead

to his death.

WHEREFORE, Plaintiff, JACQUELINE PISCITELLO, prays for a judgment in excess

of Seventy-Five ($75, 000) Dollars, exclusive of costs, interest and attorney fees in an amount to

be determined by a jury to be fair and reasonable.

Respectfully submitted,

By: s/ Ronald F. DeNardis

DeNardis, McCandless & Miller
Attorneys for Plaintiffs
10 South Main Street, Suite 307
Mt. Clemens, MI 48043
(586) 469-9191
rdenardis@dnun-law.corn
Dated: March 11, 2010 (P23268)

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JACQUELINE PISCITELLO, Personal

Representative of the Estate of Chad
Piscitello, deceased

Plaintiff,

Case No.

BOMBARDIER RECREATIONAL PRODUCTS,

INC., a Quebec Canada corporation.

Defendant.

Ronald F. DeNardis (P23268)

DeNardis, McCandless & Miller, P.C.
10 South Main Street, Suite 307
Mt. Clemens, MI 48043
(586) 469-9191

DEMAND FOR TRIAL BY JURY

NOW COMES the Plaintiff, by and through her attorneys, DeNardis, McCandless &

Miller, P.C., and hereby demands a trial by jury of the above-captioned cause of action.

Respectfully submitted,

By: si Ronald F. DeNardis

DeNardis, McCandless & Miller
Attorneys for Plaintiffs
10 South Main Street, Suite 307
Mt. Clemens, MI 48043
(586) 469-9191
rdenardis@dmm-law.com
(P23268)
Dated: March 11, 2010