1 IKENNA & ASSOCIATES

Cole C. Crush
2 attorneycrush@ikelaw.com
Attorney of John Paul
3 1101 Jeroboam Street
Calabasas, CA 91302
4 Tel: (515) 555-5555
Fax: (515) 555-8955
5

8
CENTRAL DISTRICT COURT OF CALIFORNIA
9
VENTURA COUNTY
10
JOHN PAUL,
11
Plaintiff,
12
vs.
13
MELISSA SAMUELS,
14
MICHAEL KOLAR, Case No.: 05 AS8152354
15
AND JOHN MELLS
16 COMPLAINT FOR DAMAGES FOR:
Defendant(s)
1. BODILY INJURIES
17 2. NEGLIGENCE
3. LOSS OF WAGES
18
TRIAL DATE: AUGUST 1, 2018
19

20 THE PARTIES

21 Plaintiff John (“Plaintiff”) hereby complains and alleges as follows:

22 1. Plaintiff is a citizen of State Z.

23 2. Defendant Melissa Samuels (“Samuels”) is a citizen of State X.

24 3. Defendant Michael Kolar (“Kolar”) is the sole proprietor of a pub called “The Dungeon” located in City,

25 State Y.

26 4. Defendant John Mells (“Mells”), the owner of the building in which “The Dungeon” is located, is a citizen

27 of State A.

28 COMPLAINT FOR DAMAGES FOR:1. BODILY INJURIES2. NEGLIGENCE3. LOSS OF WAGESTRIAL

DATE: AUGUST 1, 2018 - 1
1 5. Plaintiff alleges that at the time mentioned herein, all the defendants acted or participated in whole or in

2 part directly or indirectly to the damages which the plaintiff is suffering from.

3 STATEMENT OF FACTS

4 6. On April 3, 2016 at approximately 10 PM, the Plaintiff was driving on Route 1 near City, State Y when he

5 was struck by Defendant Samuels car.

6 7. At the time of the collision, Defendant Samuels had a blood alcohol level that was twice the legal limit.

7 8. At the time of the accident Defendant Samuels was on medication that has been known to enhance the

8 effect of alcohol.

9 9. Both Defendant Samuels and the Plaintiff sustained injuries from the accident. Defendant Samuels suffered

10 a traumatic brain injury leaving her permanently disabled. And Plaintiff suffered a broken pelvis and

11 crushed vertebrae.

12 10. Due to the Plaintiff’s injuries from the accident he has been unable to work. In addition to his inability to

13 work he has not been able to pay his medical bills as a result of not working. Consequently, he now has

14 damages in excess of $200,000 which include both the medical bills and loss of wages combined.

15 11. On the night of the accident Defendant Samuels attended a birthday party at a pub called “The Dungeon”

16 where she consumed alcohol over the course of the 4 hours she was there.

17 12. An employee of “The Dungeon” recalls Defendant Samuels spilling a pitcher of beer that he poured for her

18 during the course of the night.

19 13. Samuels had a bar tab over $200 which included several types of alcoholic beverages and appetizers.

20 14. Defendant Kolar is the sole proprietor of The Dungeon, the pub that Defendant Samuels attended and

21 consumed alcohol the night of the accident.

22 15. Defendant Mells is the owner of the building in which “The Dungeon” is located.

23 FIRST CAUSE OF ACTION

24 (Bodily Injuries: Against Defendant Samuels)

25 16. Plaintiff incorporates herein by reference paragraphs 1 through 15 of this complaint.

26 17. Defendant Samuels has a duty under the state law of California to not operate a moving vehicle while under

27 the influence of alcohol.

28 COMPLAINT FOR DAMAGES FOR:1. BODILY INJURIES2. NEGLIGENCE3. LOSS OF WAGESTRIAL

DATE: AUGUST 1, 2018 - 2
1 18. Defendant breached this duty of care owed to the Plaintiff, and were negligent, in at least the following

2 way:

3 a. Failure to ensure her safety and the safety of Plaintiff who also drove on the same road the night

4 the accident occurred.

5 19. Samuels whom is over the age of 21 and is of legal drinking age had an affirmative duty not to take her

6 medication while consuming alcohol because of the danger of enhancing the effects of the alcohol.

7 20. Defendant breached this duty of care owed to the Plaintiff, and were negligent, in at least the following

8 way;

9 a. Failure to not take her medication while consuming alcohol which may have contributed in whole

10 or in part to the cause of the accident the night the accident occurred.

11 21. Plaintiff has damages caused by the accident which was caused by the Defendant on April 3rd.

12 SECOND CAUSE OF ACTION

13 (Negligence: Against Defendant Kolar and Defendant Mells)

14 22. Plaintiff incorporates herein by reference paragraphs 1 through 20 of this complaint.

15 23. Defendant Kolar had a duty under §501 Unlawful sale of intoxicating liquors; civil action for damages

16 (a)(1) not to sell or furnish alcohol to a person apparently under the influence of intoxicating liquor, which

17 Samuels was intoxicated (2 times the legal limit) on the night the accident happened.

18 24. Defendant Kolar breached this duty of care by failing to ensure all servers and staff of The Dungeon were

19 properly trained to prevent such instances of patrons whom are apparently under the influence of

20 intoxicating liquor from being served alcohol by The Dungeons employees.

21 25. Defendant Mells had a duty under §501 Unlawful sale of intoxicating liquors; civil action for damages

22 (c)(2) to use care when choosing a tenant to rent his building out to especially if they intended to be selling

23 or furnishing alcohol. His duty was to ensure that tenants do not violate the law that prohibits the furnishing

24 or selling of alcohol to any personal who is apparently under the influence of intoxicating liquor.

25 26. Defendant Mells breached this duty of care and was negligent in at least the following way:

26 a. Failing to take reasonable steps to prevent the sale of liquor by his tenant to those persons who are

27 apparently under the influence of intoxicating liquor.

28 COMPLAINT FOR DAMAGES FOR:1. BODILY INJURIES2. NEGLIGENCE3. LOSS OF WAGESTRIAL

DATE: AUGUST 1, 2018 - 3
1 b. Failing to produce evidence that shows his duty of care was met in at least the following ways:

2 i. Instruction of servers as to laws governing the sale of alcoholic beverages

3 ii. Training of servers regarding intervention techniques.

4 iii. Evicting the tenant

5 27. Defendants’ negligence was the legal and proximate cause for some if not all of Plaintiff’s damages.

6 THIRD CAUSE OF ACTION

7 (Loss of Wages: Against Defendant Samuels)

8 28. Plaintiff incorporates herein by reference paragraphs 1 through 27 of this complaint

9 29. Defendant Samuels negligent actions (driving under the influence of alcohol and drinking alcohol while

10 taking effect enhancing medication) on the night of April 3, 2016 lead wholly or in part to the accident

11 which caused the Plaintiff to sustain bodily injuries in the form of a crushed vertebrae and broken pelvic

12 subsequently preventing him from working or paying his medical bills.

13

14 PRAYER FOR RELIEF

15 WHEREFORE, Plaintiff prays that a judgement be entered against the named defendants as

16 follows:

17 For the First Cause of Action

18 1. For compensatory damages in the amount of $200,000 plus pre- and post prejudgment interest

19 pursuant to Civil Code Section 3291.

20 For the Second Cause of Action

21 2. For damages according to proof at trial but no less than the jurisdictional minimum of this

22 Court; and

23 3. For punitive damages.

24 For all Causes of Action

25 4. For attorneys’ fees and cost of suit incurred herein; and

26 5. For such other and further relief as the Court deems just and proper.

27

28 COMPLAINT FOR DAMAGES FOR:1. BODILY INJURIES2. NEGLIGENCE3. LOSS OF WAGESTRIAL

DATE: AUGUST 1, 2018 - 4
1 Dated this February of 25, 2018.

3
Cole C. Crush (Ikenna & Associates)
Attorneys for Plaintiff
4 John Paul
5

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28 COMPLAINT FOR DAMAGES FOR:1. BODILY INJURIES2. NEGLIGENCE3. LOSS OF WAGESTRIAL

DATE: AUGUST 1, 2018 - 5