IN THE SUPERIOR DISTRICT COURT
FOR THE CONNECTICUT DISTRICT OF KAMPOO DIVISION 12
RETURN DATE: AUGUST 30, 2013
SHAYLA SMITH, A MINOR CHILD
AND MARY SMITH N/O/F
J. D. OF CONNECTICUT
AT NEW HAMSHIRE
OD FAMILY CAMPGROUND, INC.
August 24, 2013
COUNT ONE – NEGLIGENCE (OD Family Campground)
1. The Plaintiff, Shayla Smith a minor child by and through Mary Smith N/O/F, (Plaintiff), is a resident of New Hartford, Connecticut. 2. Upon information and belief, Defendant, Owen and Dolly Jones Operate the OD Family Campground. 3. On or about August 16, 2012, Shayla Smith sustained an Injury while jumping into the pool at OD Family Campground. 4. The Defendant knew or should have known of the aforesaid conditions on their property. 5. As the property owner, the Defendant was in control of the property and had a duty to remediate the conditions and make sure the warning signs of the pool were listed and the dangers of no life guard on duty but failed to do so prior to the Plaintiff’s Injury. 6. On or about August 16, 2012, Tamara Jones and Shayla Smith decided to jump into the pool whereas Tamara saved Shayla by jumping in the pool to pull Shayla Smith out once she realized that Shayla had sustained the Injury. 7. The damages and losses sustained by the Plaintiff were directly and proximately caused by the negligence in carelessness of the Defendant, their agents, servants and/or employees, in one or more of the following ways: a. They allowed and permitted an unreasonably, dangerous, hazardous and unsafe condition to exist in the in the pool area of OD Campground; b. They failed to use reasonable care to maintain and inspect the pool area where the Plaintiff got injured; c. They failed and neglected to provide for adequate warning signs at the pool area where the Plaintiff fell; d. They failed and neglected to post the warning signs at the pool as well as the depth of the pool where the Plaintiff fell; and e. They failed to provide adequate security to ensure the safety of the park; and f. They failed and neglected to give the Plaintiff any warning that said pool area constituted a safety hazard by placing a sign upon the gate of the pool area where said warning could be seen; and/or failed to give the Plaintiff any manner or form of warning whatsoever that said dangerous and unsafe conditions existed. 8. As a result of the aforesaid negligence and carelessness of the Defendant, the Plaintiff suffered the following personal injuries, some or all of which may be permanent in nature: a. Injury to her arm.
9. As a result of the Defendant’s negligence and carelessness, the Plaintiff has incurred and may incur in the future expenses for medical services and attention, tests, ex-rays, physical therapy and the like, all to her loss and financial detriment. 10. As a result of the Defendant’s negligence and carelessness, the Plaintiff will continue to incur expenses for physical therapy sessions all to her loss and financial detriment. 11. As a result of the Defendant’s negligence and carelessness, the Plaintiff’s next of friend was unable to work for a period of time causing lost wages and a loss to her earning capacity. 12. As a further result of the Defendant’s negligence and carelessness, the Plaintiff has been restricted and prevented from pursuing certain activities in which she engaged and/or participated in prior to the date of the accident complained of, and her ability to enjoy life’s activities has been impaired. COUNT TWO – NEGLIGENCE (Mr. Tuttle)
1 – 4.
Paragraphs 1 through 4 of Count One are incorporated as Paragraphs 1 through 4 of Count Two as if fully set forth herein.
5. Upon information and belief, the Defendant, Mr. Tuttle is a Connecticut resident with a...
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