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 Defendant(s):KENNETH GALVIN

County of Residence: COOK County of Residence: MARATHON
Plaintiff's Atty: Earl E. Riser Defendant's Atty:
Sarah Sealy
ATTORNEY AT LAW
1620 S. MICHIGAN AVE.,
123 ASSISTANCE WAY,
SUITE 611, CHICAGO, IL
CHICAGO, IL 60604
60616
(312) 123-4567
(312) 566-0678

II. Basis of Jurisdiction: 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 : 1. Original Proceeding
 
V. Nature of Suit: 350 Motor Vehicle
 
VI.Cause of Action: 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, CIVIL ACTION

v. NO. __________

KENNETH GALVIN,

Defendant.

COMPLAINT AT LAW

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. 27-

258 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