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__Nicholas Wagner
Stat
\HJ
b
Barn
r,
PLD-PI-001
nda
5):
LLP
Fresno
CA
TELEPHONE N0:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Ne):
93 72 O
5 5 9/ 4 4 9 l 8 O O
FAX NO.
(Optional):
ks Chemen@wagnerj one s c om
DART ENE JENKINS
.
STREET ADDRESS: 1 I 3 0
MAILING ADDRESS:
BRANCH NAME:
PLAINTIFF:
Fre sno
O " Street
CA
ILED
I.._J
DARLENE JENKINS
:3
FEB
"-33
2016
SUPER|%RUE%I%I Ur
BY
u. -_II:ORNIA
FRESNO
DEP
'
MOTOR VEHICLE
OTHER (specify):
CI Wrongful Death
Property Damage
Personal Injury
[:I
Exemplary Damages
(specify):
1.
aE
CASE NUMBER:
Hermann?
Plaintiff
JENKINS
INC.
Each
a.
[3
I:
(1)
(2)
(3)
(4)
named above
a competent adult
except plaintiff (name):
a corporation qualied to do business
an unincorporated entity (describe):
plaintiff
ED
ECI
a public
a minor
number of pages:
in
entity (describe):
CI
an adult
(b)
ED
EE
(5)
b.
except
(1)
(2)
(3)
[:I
I:I
(4)
(a)
(b)
(5)
I:I
1:]
1GCECG 00332
CFL
Complaint
210 3 8
Civil
Iliad
(name):
a corporation qualied to do business in California
an unincorporated entity (describe):
~
.III/IIIIIIIIIIIIIIIIIIIIIIIII
a public entity (describe):
a minor
an
adult
I:I
for whom a guardian or conservator of the estate or a guardian ad litem has been appointed
plaintiff
I: other (specify):
other (specify):
(0
LIN/H /
California
(a
is
Councilmamomia
PLD-PI-OOI [Rev.January1.2007)
who are
is
shown
in
Property
Attachment
3.
0a]
S0 ut" ns~
EST-us
~
Page
of 3
PLD-Pl-001
MCDONALDS
CASE NUMBER:
K
r
f,
4.
[1
is
5.
(name):
doing business under the ctitious
name
(specify):
o.
(3)
I:
(4)
[:1
(4)
other (specify):
(5)
1:]
(2)
(5)
b.
(1)
(2)
{:1
(4)
I:!
(4)
(5)
I:
other (specify):
(5)
who
(1)
(2)
(3)
Doe defendants
1:]
b.
d.
(0
Doe numbers):
{:3
D
D
is
an unincorporated
entity (describe):
contained
in
Attachment
5.
of other
or employment.
1-100
are persons
plaintiff.
whose
capacities are
unknown
to
Defendants who are joined under Code of Civil Procedure section 382 are (names):
EE
This court
c.
(specify
entity (describe):
other (specify):
L] a corporation
an unincorporated
(3)
(2)
a corporation
(3)
(1)
a.
(1)
b.
Plaintiff
{3
is
at least
is in its
jurisdictional area.
a.
b.
is
1I
2007]
COMPLAINTPersonal
Injury,
Property
Page 2 of 3
,77
r N,
r'
PLD-Pl-001
CASE NUMBER:
10.
the statements above apply to each (each complaint must have one or more
General Negligence
Intentional Tort
SUBBED
Products
Liability
Premises Liability
Other (specify): Exemplary Damages
11. Plaintiff
a.
b.
tomcat-.0
has suffered
wage
:1
D
I:
general damage
property damage
loss of earning capacity
other damage (specify):
1:] The damages claimed for wrongful death and the relationships
a.
b.
13.
E
E]
use of property
and medical expenses
hospital
C]
12.
loss
loss of
The
a.
sought
in this
complaint
prays forjudgment
punitive damages
of damages is (in
(2)
15.
Date:
deceased are
The amount
(2)
is
compensatory damages
(1 )
(1)
of plaintiff to the
as follows:
relief
14. Plaintiff
Attachment 12.
listed in
relief
as
is fair, just.
and
equitable;
and
for
cases for personal injury or wrongful death, you must check ( 1)):
according to proof
in the amount of: $ 0.00
I:
The paragraphs
February
1,
Nicholas Waqner
PLD-PI-001 [Rev. January
such
and
belief are
2016
(TYPE
1.
2007]
OR PRINT NAME)
COMPLAINTPersonal
Injury,
Property
Page 3 of 3
9
SHORT TITLE: [JENKINS v. MCDONALDS
PLD-PI-001 (2)
CASE NUMBER:
D
~
FIRST
(number)
ATTACHMENT TO
CAUSE OF ACTIONGeneral
Complaint
Negligence
Page
CrossComplaint
Plaintiff
(name):
DARLENE JENKINS
El Does
was the
to
100
negligently
As a direct and proximate result of the Defendants' actions and/or omissions, the Plaintiff incurred, and
continues to incur, economic and non-economic damages, including but not limited to medical special damages,
personal injury, burns to Plaintiff's abdomen and both inner thighs, physical pain, suffering, mental anguish
and emotional distress, in an amount according to proof.
The actions and/or omissions of the Defendants, by and through their agents and employees, was a substantial
factor in causing Plaintiff's harm.
Form Approved
for Optional
Use
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SO was.
as ns
~
Page 1 of1
Code of Civil Procedure 425.12
"
SHORT TITLE:
PLD-Pl-001(5)
JENKINS V. MCDONALDS
CASE NUMBER:
SECOND
CAUSE OF ACTIONProducts
(number)
Liability
page
Cl
ATTACHMENT TO ll]
Cross-Complaint
Complaint
(Use a separate cause of action form for each cause of action.)
DARLENE JENKINS
Plaintiff(name):
Prod. L-1.
Prod. L-2.
Each of the defendants knew the product would be purchased and used without inspection for defects.
The product was defective when it left the control of each defendant. The product at the time of injury
was being
used in the manner intended by the defendants.
used in a manner that was reasonably foreseeable by defendants as involving a substantial danger not
readily apparent. Adequate warnings of the danger were not given.
Plaintiff was a
Prod. L-3.
I:
1::
Prod. L-4.
[a
a.
b.
DoesSl toL
to
70
80
Does 71
to
Count Two--Negligence of the following defendants who owed a duty to
INC.,-
plaintiff
(names):
Does 81
to 90
Count Three-Breach of warranty by the following defendants (names): MCDONALD' S RESTAURANTS OF
Prod. L-6.
CALIFORNIA, INC.
a.
b.
,-
0.
Prod. L-7.
THE FOLLOWING:
D09361
Prod. L5.
other (specify):
[3
who
who
,-
MCDONALD s CORPORATION
'
Does 91
,-
100
breached an implied warranty
breached an express warranty which
written
:1 oral
to
was
l:] The defendants who are liable to plaintiffs for other reasons and the reasons for the liability are
as follows:
\:| listed in Attachment-Prod. L-7
'
IU 5
j;';},?gg;1,jg,%;f;g;,a
1,
2007]
CAUSE OF ACTIONProducts
Liability
Page 1 of 1
def~"Predurev42512
Soflgagw
~
Pus
PLD-Pl-001 (6)
CASE NUMBER
w
~
Page
ATTACHMENT TO
EX-1.
As
additional
Complaint
damages
Plaintiff alleges
{Z}
[:1
CI
C] Cross-Complaint
6-
defendant was
guilty of
malice
fraud
oppression
in
addition to actual
damages, damages
to
plaintiffs
Defendants, and eachof them, by and through their officers, directors, or managing agents and/or
employees, acted with malice and/or oppression when Defendants' agents/employees spilled a scalding hot
cup of coffee on Plaintiff while handing it to Plaintiff at Defendants' drive-thru window. Defendants
had prior knowledge that McDonalds restaurants were found liable in personal injury lawsuits for burns
caused by scalding hot coffee, the type of injury incured by Plaintiff. Notwithstanding Defendants'
prior knowledge, Defendants, by and through their agents and employees, failed to properly secure the
lid on the coffee, failed to deliver the coffee to Plaintiff in a safe manner, failed to warn
Plaintiff, and failed to ensure that the coffee was not unreasonably hot so as to cause burns of the
type received by Plaintiff.
Defendants acted with malice because their conduct was despicable and was done with a willful and
knowing disregard of the rights or safety of Plaintiff, and was aware of the probable dangerous
consequences of Defendants' conduct and deliberately failed to avoid those consequences.
Defendants acted with oppression because their conduct was despicable and subjected Plaintiff to
cruel and unjust hardship in knowing disregard of her rights.
As a direct and proximate result of the Defendants' actions and/or omissions the Plaintiff
incurred, and continues to incur, economic and noneconomic damages, including but not limited to
medical special damages, personal injury, burns to Plaintiff's abdomen and both inner thighs, physical
pain, suffering, mental anguish and emotion distress, in an amount according to proof.
The actions and/or omissions of the Defendants, by and through their agents and employees, was a
substantial factor in causing Plaintiff's harm.
EX-3.
The amount
a.
b.
of exemplary
damages sought is
Civil
$0.00
'
F33d;{zt,:n;{32133:?
PLD-PI-001(6) [Rev. January
1,
2007]
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