No. 95-2-11171-8Plaintiffs,
COME NOW the plaintiffs, by and through her attorney, THOMAS C. BIERLEIN, P.S., and for cause of action against Defendants, and each of them, and state, allege, and aver, as follows:
I. PLAINTIFFS
At all times relevant Deborah Ann Weaver and her minor sons resided in King County, State of Washington.
II. DEFENDANTS
At all times relevant, Defendants Johnson were husband and wife residing in King County, State of Washington, and comprising a marital community under the laws of Washington. All acts described herein by Robert C. Johnson were in furtherance and for the benefit of said marital community.
At all times relevant, Defendants Cynthia Lynn Gebhart and Steven E. Lynn were husband and wife residing in King County, State of Washington, and comprising a marital community under the laws of Washington. All acts or omissions described herein by defendants were in furtherance and for the benefit of said marital community.
III. FACTS
On or about June 2, 1994, Ms. Weaver had backed out of her driveway at street address 9771 NE 12th Place, Kirkland, Washington when defendant Robert C. Johnson negligently operated his vehicle, without due care and caution, and violently crashed into the rear of the Volkswagen Rabbit owned by Ms. Weaver. Ms. Weaver was at all times relevant operating her vehicle in a lawful and reasonable manner and was the favored driver. Ms. Weaver’s minor children, Trevor and Tyler, were passengers in the Weaver vehicle when Mr. Johnson crashed into the rear.
At all times relevant Cynthia Lynn Gebhart and Steven Lynn owned the property adjacent to the Weavers’ residence. Defendants’ street address was 9765 NE 126th Place, Kirkland, Washington. Defendants negligently maintained their property which resulted in an obstruction of view from and into Ms. Weaver’s driveway and the ability to see on NE 126th Place.
IV. DAMAGES
Solely by reason of the negligence of Defendants, and as a direct and proximate result thereof, the plaintiffs sustained serious personal injuries, some or all of which are permanent. Plaintiffs have suffered continuous physical pain and mental distress; have suffered a diminished capacity to enjoy life; have incurred medical bills for treatment and care; and will continue to do so in the future; all to plaintiffs’ damage in an amount to be proven at trial.
V. PROPERTY DAMAGE
As a direct and proximate result of the negligence of defendants, and each of them, plaintiff Deborah Weaver has suffered damages in the form of the expense to repair her vehicle and loss of use of said vehicle from June 2, 1994, until replaced, all in an amount to be proven at trial.
VI. NO COMPARATIVE FAULT
The injuries inflicted on plaintiffs as herein before mentioned, were not caused by any fault, carelessness, or negligence on plaintiffs’ part, but the same were caused solely and proximately by the negligence of Defendants.
VII. PRAYER
WHEREFORE, plaintiffs pray for judgment against Defendants in an amount sufficient to compensate them for their damages as described above, costs of this action, attorney's fees, interest on the judgment until satisfaction thereon, and such other and further relief as the court deems just and equitable.
DATED this 27th day of April, 1995.
___________________________
THOMAS C. BIERLEIN, WSBA #13425
Attorney for plaintiff
5837 221st Place SE
Issaquah, WA 98027
(206)
557-0301