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Plaintiff,
Case No.
Defendant.
There is no other civil action between these parties arising out of the
same transaction or occurrence as alleged in this Complaint pending in
this Court, nor has any such action been previously filed and dismissed
or transferred after having been assigned to a Judge.
/s Ronald F. DeNardis
RONALD F. DeNARDIS (P23268)
the Estate of Chad Piscitello, deceased, by and through her attorneys, DeNardis, McCandless &
Miller, P.C., and complaining against the above-named Defendant states as follows:
COUNT I
PISCITELLO, were at all times pertinent hereto residents and citizens of the State of Michigan.
Case 2:10-cv-11028-NGE-PJK Document 1 Filed 03/15/2010 Page 2 of 6
Quebec, Canada corporation which does continuous and systematic business in the State of
Michigan.
Bombardier Ski Doo REV XP50, VINT 2BPSMP9A49V000448, which was designed,
5. That for all relevant times, Defendant designed, manufactured, sold, and supplied
a wide variety of recreational products in the United States, including, but not necessarily limited
the Ski Doo when the vehicle malfunctioned causing Plaintiff s decedent to crash into a tree and
suffer massive blunt chest wall trauma which resulted in his death. The incident herein occurred
7. The Ski Doo being used by Plaintiff on said date was designed, manufactured,
decedent sustained massive blunt chest wall trauma which resulted in his death.
violated one or more of the same by various acts or omissions, including, but not limited to:
2
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Plaintiff brings this action pursuant to the Wrongful Death Statute of the State of
herein such damages as shall be deemed fair and just pursuant to the dictates of
3
Case 2:10-cv-11028-NGE-PJK Document 1 Filed 03/15/2010 Page 4 of 6
the Michigan wrongful death statute MCL600.2922 et seq including but not
of Seventy-Five ($75, 000) Dollars, exclusive of costs, interest and attorney fees in an amount to
COUNT II
herein by reference each and every allegation set forth in paragraphs l through 12 of this
Complaint as though same were fully set forth herein, word for word and paragraph by
paragraph.
14 Defendant expressly and impliedly warranted and represented that said Ski Doo
15. Said representations and warranties were false and said Ski Doo was not safe and
4
Case 2:10-cv-11028-NGE-PJK Document 1 Filed 03/15/2010 Page 5 of 6
Estate of Chad Piscitello, prays for a judgment in excess of Seventy-Five ($75, 000) Dollars,
exclusive of costs, interest and attorney fees in an amount to be determined by a jury to be fair
and reasonable.
COUNT III
herein by reference each and every allegation set forth in paragraphs 1 through 16 of this
Complaint as though same were fully set forth herein, word for word and paragraph by
paragraph.
18. Said Ski Doo was in defective condition when it left the control of Defendant and
was unreasonably dangerous and not safe for its intended use.
19. As a direct and proximate result of said unreasonable, dangerous and defective
conditions; Plaintiff's decedent was caused to suffer massive blunt chest wall trauma which lead
to his death.
of Seventy-Five ($75, 000) Dollars, exclusive of costs, interest and attorney fees in an amount to
Respectfully submitted,
5
Case 2:10-cv-11028-NGE-PJK Document 1 Filed 03/15/2010 Page 6 of 6
Plaintiff,
Case No.
Defendant.
NOW COMES the Plaintiff, by and through her attorneys, DeNardis, McCandless &
Miller, P.C., and hereby demands a trial by jury of the above-captioned cause of action.
Respectfully submitted,