UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS

Civil Cover Sheet
This automated JS-44 conforms generally to the manual JS-44 approved by the Judicial Conference of the United States in September 1974. The data is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. The information contained herein neither replaces nor supplements the filing and service of pleadings or other papers as required by law. This form is authorized for use only in the Northern District of Illinois.

Plaintiff(s): CURT MARCEILLE County of Residence: COOK Plaintiff's Atty: Earl E. Riser ATTORNEY AT LAW 1620 S. MICHIGAN AVE., SUITE 611, CHICAGO, IL 60616 (312) 566-0678 II. Basis of Jurisdiction:

Defendant(s):KENNETH GALVIN County of Residence: MARATHON Defendant's Atty: Sarah Sealy 123 ASSISTANCE WAY, CHICAGO, IL 60604 (312) 123-4567

4. Diversity (complete item III)

III. Citizenship of Principal Parties (Diversity Cases Only) Plaintiff:- 1 Citizen of This State Defendant:- 2 Citizen of Another State IV. Origin : V. Nature of Suit: VI.Cause of Action: 1. Original Proceeding 350 Motor Vehicle NEGLIGENCE

VII. Requested in Complaint Class Action: No Dollar Demand: Jury Demand: No VIII. This case IS NOT a refiling of a previously dismissed case.

Signature: Date:
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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION CURT MARCEILLE, Plaintiff, v. KENNETH GALVIN, Defendant.

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COMPLAINT AT LAW

CIVIL ACTION NO. __________

Plaintiff, CURT MARCEILLE, by his attorney, Earl E. Riser, claims as follows: 1. This is an action for negligence. 2. The Plaintiff, CURT MARCEILLE, is a resident of Cook County, in the state of Illinois. 3. The Defendant, KENNETH GALVIN, is a resident of Marathon County, in the state of Wisconsin. 4. That on or about August 29, 2008, Plaintiff, CURT MARCEILLE, operated a car in an easterly direction on Washington Street at or near the intersection with Dearborn Street, in the City of Chicago. 5. That at said time and place, Defendant, KENNETH GALVIN, operated and maintained a car in a northerly direction on Dearborn Street at or near the intersection with Washington Street, in the City of Chicago. 6. That at said time and place, the car operated by the Defendant, KENNETH GALVIN, collided with the car operated by the Plaintiff. 7. That at said time and place it was the duty of the Defendant to exercise ordinary care and caution for the safety of the Plaintiff and his property. 8. That Defendant breached said duty as follows:
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a. Failed to keep the car under proper control in violation of 625 ILCS 5/11-601; b. Failed to keep a proper lookout; c. Failed to reduce speed so as to avoid collision, in violation of 625 ILCS 5/11-601; d. Failed to sound the horn or otherwise warn of impending danger of collision, in violation of the statute. e. Operated the car in excess of the speed limit, in violation of 625 ILCS 5/12-601 and Sec. 27-212 of the Municipal Code of Chicago; f. Operated the car at an excessive rate of speed in light of prevailing traffic conditions, in violation of 625 ILCS 5/12-301. g. Drove the car with defective brakes, in violation of 625 ILCS 5/12-301. h. Failed to stop or slow the car or take other evasive action, when danger to Plaintiff was imminent; i. Operated the car too closely behind the car occupied by Plaintiff in violation of 625 ILCS 5/11-710; j. Drove the car un an unsafe condition, in violation of 625 ILCS 5/12-101 and Sec. 27258 of the Municipal Code of Chicago; k. Drove the car negligently in violation of Sec. 27-225 of the Municipal Code of Chicago. l. Otherwise owned, operated, and maintained the car in a dangerous and hazardous manner contrary to the Statutes of the State of Illinois and the Ordinances of the City of Chicago. 9. That as a direct and proximate result of one or more of the foregoing acts of negligence of Defendant, Plaintiff suffered the following past, present, and future losses and damages: a. Pain and suffering; b. Bodily injuries, disability, and disfigurement;
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c. Mental anguish; d. Expenses for medical and hospital care and treatment; e. Loss of earnings and injury to earning capacity; f. Property Damage. 10. This court has jurisdiction over the parties due to diversity of citizenship. 11. The Plaintiff has an excess of seventy-five thousand dollars ($75,000) worth of damages, including to his property and person. WHEREFORE, Plaintiff, CURT MARCEILLE, prays judgment against Defendant, KENNETH GALVIN, in an amount in excess of the jurisdictional limit of this court, plus the costs of this suit, with additional amounts accrued to the date of trail, an accounting, and reimbursements for all costs and disbursements herein, including attorney¶s fees, and accrued interest therein. Respectfully submitted, CURT MARCEILLE By: __________________ Dated: January 1, 2009 Earl E. Riser Attorney Code: 1234 1620 S. Michigan Ave. Chicago, IL 60616 (312) 566-0678

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CERTIFICATE OF SERVICE The undersigned declares as follows: On January 1st , 2009, I, Curt Marceille, by and through my attorney, served the foregoing Complaint at Law for the action of Negligence on the Defendant¶s attorney of record in this action: SARAH SEALY Attorney Code: 5678 123 Assistance Way Chicago, IL 60604 (312) 123-4567 by placing a true copy enclosed in an envelope for mailing to the above address on the date shown above to be deposited with the United States Postal Service that same day in the ordinary course of business. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed on January 1st, 2009 ________________________________________ Curt Marceille Earl E. Riser Attorney for Plaintiffs Attorney Code: 1234 1620 S. Michigan Ave. Chicago, IL 60616 (312) 566-0678

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