COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL

Transcription

1 76D PL Steuben Superior Court Filed: 12/3/2018 1:06 PM Clerk Steuben County, Indiana IN THE STEUBEN CIRCUIT/SUPERIOR COURT STATE OF INDIANA TAYLOR BOLIN, ) ) ) Plaintiff, ) ) v. ) CAUSE NO. ) DOMINIQUE EFFINGER, ) DONALD EFFINGER and ) LISA EFFINGER, ) ) Defendants. ) COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL The Plaintiff, Taylor Bolin, by counsel, for her Complaint for Damages against the Defendants, Dominique Effinger, Donald Effinger and Lisa Effinger, states and alleges: 1. At all times relevant, the Plaintiff, Taylor Bolin (hereinafter Bolin ) was an Indiana resident living in Noblesville, Indiana. 2. At all relevant times herein, the Defendant, Dominique Effinger, was an Indiana resident residing at 6315 Hursh Road, Fort Wayne, Allen County, Indiana, At all times relevant, the Defendants, Donald and Lisa Effinger, were Indiana residents residing at 6315 Hursh Road, Fort Wayne, Allen County, Indiana, At all times relevant, Donald and Lisa Effinger owned real estate on Lake Gage in Steuben County located at 6645 W North Lake Gage Drive, Angola, Steuben County, Indiana (hereinafter Lakehouse ). 5. On July 15, 2017, Bolin was a social guest, invited by one or all the Defendants, to spend time at the Lakehouse. 6. On July 15, 2017, the Defendant, Dominique Effinger, was twenty years old. 1

2 7. Dominique Effinger consumed alcohol throughout the day. 8. Donald and Lisa Effinger knew or should have known Dominique Effinger was not 21 years old. 9. Throughout the day of July 15, 2017, the Defendants, Donald Effinger and Lisa Effinger, knowingly provided alcohol to their guests, including to Bolin, who was only twenty years old at that time and under Indiana s legal drinking age. 10. Donald and Lisa Effinger knew or should have known the Plaintiff was not 21 years old. 11. Sometime in the early evening of July 15, 2017, Dominique Effinger invited nine guests, including Bolin, to ride with her as she operated Donald and Lisa Effinger s speedboat on Lake Gage. 12. The speedboat was registered to Donald Effinger and was owned by both Donald and Lisa Effinger. 13. Donald and Lisa Effinger witnessed their daughter, Dominique Effinger, consume alcohol before leaving to operate the speedboat. 14. Donald and Lisa Effinger authorized Dominique Effinger to operate their speedboat. 15. Dominique Effinger drove the speedboat under the influence of alcohol and was found to have a BAC of above.08 (above Indiana s legal limit). 16. While driving the speedboat on Lake Gage, Dominique Effinger lost control of the speedboat, which violently rocked from one side to the other. 17. All ten occupants were ejected from the boat into Lake Gage. 18. After landing in the water, the speedboat violently struck Bolin at least twice causing serious and life-threatening injuries. 2

3 injuries. 19. Bolin was life-lined via helicopter to a nearby hospital due to the severity of her 20. Due to the impact and collision, Bolin sustained traumatic and life-threatening injuries, including, but not limited to, a head wound, traumatic brain injury and significant right forearm and shoulder injury, nearly resulting in amputation of the arm and resulting in loss of use of her dominant arm and hand. COUNT I - NEGLIGENCE (DOMINIQUE EFFINGER) 21. Plaintiff hereby incorporates and realleges the allegations contained in the preceding paragraphs 1 through 20 as if fully restated herein. 22. At all times relevant hereto, Dominique Effinger owed a duty of reasonable care to the passengers on the speedboat she was driving. 23. Dominique Effinger breached that duty. 24. At all times relevant hereto, Dominique Effinger was negligent by one or more of the following acts and omissions: a. Operating a speedboat while under the influence of alcohol; b. Failing to operate the speedboat in a safe manner; c. Failing to comply with the basic rules of operating a speedboat including capacity and speed limits; d. Operating the speedboat recklessly at a high speed; and e. Otherwise failing to control, operate, and manage the speedboat she drove. 25. As a direct and proximate result of Dominique Effinger s negligence, the Plaintiff, Taylor Bolin, suffered severe personal injuries 3

4 26. As a direct and proximate result of Dominique Effinger s negligence, Bolin required evaluation and treatment for severe injuries and residual symptoms associated with the incident. 27. As a direct and proximate result of the Dominique Effinger s negligence, Bolin required the services of medical personnel including, but not limited to, physicians, hospitals, physical therapists, and medical technicians for medical care, treatment, medication, x-rays, evaluations and testing, for which she incurred reasonable and significant medical expenses to treat her severe injuries and lessen her pain and suffering. 28. As a direct and proximate result of Dominique Effinger s negligence, Bolin required numerous surgical procedures. 29. As a direct and proximate result of Dominique Effinger s negligence, Bolin continues to suffer adverse effects from the injuries she sustained in the July 15, 2017 speedboat collision, and will require future medical care, surgeries and treatment for her injuries, for which she will incur additional medical treatment and expenses. 30. As a direct and proximate result of Dominique Effinger s negligence, Bolin suffered a traumatic brain injury. 31. As a direct and proximate result of Dominique Effinger s negligence, Bolin suffered and will suffer an impairment of her earning capacity. 32. As a direct and proximate result of Dominique Effinger s negligence, Bolin sustained and will continue to sustain a loss of enjoyment of life. 33. As a direct and proximate result of Dominique Effinger s negligence, Bolin sustained and will continue to sustain pain and suffering. 34. As a direct and proximate result of Dominique Effinger s negligence, Bolin suffered permanent and lasting injury, pain and suffering, and large visible scars. 4

5 35. Additionally, Dominique Effinger, at all times relevant hereto, was negligent per se as evidenced by the following acts and omissions: a. On July 15, 2017, Dominique Effinger was 20 years old, and, therefore, it was unlawful for her to consume alcohol. b. Sometime before and at the time of the accident, Dominique Effinger consumed and was under the influence of alcohol, in violation of Indiana law. c. The Indiana statute prohibiting consumption of alcohol by minors was enacted, at least in part, to ensure the safety of others. d. Under Indiana law, violation of a statute which was enacted to ensure the safety of others constitutes negligence per se. Rubin v. Johnson, 550 N.E.2d 324, 329 (Ind. Ct. App. 1990). e. As a minor under the influence of alcohol, Dominique Effinger was negligent per se. 36. As a direct and proximate result of Dominique Effinger s negligence per se, the Plaintiff suffered those damages more fully set forth above. 37. That Plaintiff should be awarded punitive damages due to Dominique Effinger s gross negligence and/or reckless, willful and wanton misconduct in an amount sufficient to deter Dominique Effinger, and others similarly situated, from engaging in such misconduct in the future and to serve the public s interest in preventing injuries caused by the intoxicated operation of boats. WHEREFORE, the Plaintiff, Taylor Bolin, by counsel, demands judgment against Dominique Effinger for permanent injuries in a reasonable amount to be determined at the trial of this cause, for medical expenses, pain and suffering, mental anguish, impairment of earning capacity, loss of enjoyment of life and other special expenses, punitive damages, court costs, and all other proper relief in the premises. 5

6 COUNT II NEGLIGENT ENTRUSTMENT (DONALD EFFINGER) 38. Plaintiff hereby incorporates and realleges the allegations contained in the preceding paragraphs 1 through 37 as if fully restated herein. 39. At all times relevant, the speedboat in question was registered to Donald Effinger, and owned jointly by himself and his wife, Lisa Effinger. 40. On July 15, 2017, Donald and Lisa Effinger entrusted their speedboat to their daughter, Dominique Effinger, for use on Lake Gage. 41. Dominique Effinger was incapacitated or impaired by her consumption of alcohol throughout that day. 42. Donald Effinger possessed actual and specific knowledge Dominique Effinger was incapacitated by alcohol shortly before she began driving his speedboat. 43. Donald Effinger negligently entrusted Dominique Effinger to drive his speedboat. 44. As a direct and proximate result of Donald Effinger s negligent entrustment, Bolin suffered the damages more fully set forth above. 45. Additionally, it was negligent entrustment per se for Donald Effinger to entrust the speedboat to Dominique Effinger under the following circumstances: a. Donald Effinger possessed actual and specific knowledge his daughter, Dominique Effinger, was a minor under Indiana law; b. Donald Effinger possessed actual and specific knowledge his daughter, Dominique Effinger, consumed alcohol prior to him allowing her to drive the speedboat; and, c. Therefore, by entrusting his daughter to drive his speedboat after he knew she consumed alcohol as a minor, he is negligent per se. 46. As a direct and proximate result of Donald Effinger s negligent entrustment per se, Bolin suffered those damages more fully set forth above. 6

7 47. Bolin should be awarded punitive damages due to Donald Effinger s gross negligence and/or malicious, reckless, willful and wanton misconduct in an amount sufficient to deter Donald Effinger, and others similarly situated, from engaging in such misconduct in the future and to serve the public s interest in preventing injuries caused by drunk operation of boats. WHEREFORE, Taylor Bolin, by counsel, demands judgment against Donald Effinger for severe and permanent injuries in a reasonable amount to be determined at the trial of this cause, for medical expenses, pain and suffering, mental anguish, impairment of earning capacity, loss of enjoyment of life and other special expenses, punitive damages, court costs, and all other proper relief in the premises. COUNT III DRAM SHOP (DONALD EFFINGER) 48. Plaintiff hereby incorporates and realleges the allegations contained in the preceding paragraphs 1 through 47 as if fully restated herein. 49. The speedboat collision caused Taylor Bolin serious and permanent injuries. 50. At the time of the injuries suffered by the Bolin, Dominique Effinger was intoxicated; specifically, at the time of the collision, Dominique Effinger was operating the speedboat with a BAC above Prior to the collision, Donald Effinger carelessly, negligently and recklessly served alcoholic beverages to Dominique Effinger, who he knew was a minor. 52. Donald Effinger knowingly, negligently and, with reckless disregard of the consequences, served alcoholic beverages to the underage and intoxicated Dominique Effinger, contrary to the laws of the State of Indiana. 53. Donald Effinger knew or should have known the intoxicated Dominique Effinger would be operating the speedboat in an intoxicated condition after leaving the Lakehouse. 7

8 54. The acts as alleged, among other things, violated I.C and I.C Donald Effinger failed to monitor and supervise Dominique Effinger s activities in his Lakehouse. 56. Donald Effinger s negligence, carelessness, recklessness and statutory violations, specifically by serving alcoholic beverages to the intoxicated and under age Dominique Effinger, proximately caused Taylor Bolin to suffer serious and permanent injuries. 57. As a result of the Donald Effinger s gross negligence, Bolin incurred and continues to incur medical expenses, loss of enjoyment of life, impairment of earning capability, pain and mental anguish, and other special expenses, in an amount to be proven at the trial of this cause. 58. Taylor Bolin should be awarded punitive damages on the grounds of Donald Effinger s gross negligence and/or reckless, willful and wanton misconduct in an amount sufficient to deter Donald Effinger, and others similarly situated, from engaging in such misconduct in the future and to serve the public s interest in preventing injuries caused by drunk operation of boats. WHEREFORE, Taylor Bolin, by counsel, demands judgment against Donald Effinger for permanent injuries in a reasonable amount to be determined at the trial of this cause, for medical expenses, pain and suffering, mental anguish, impairment of earning capacity, loss of enjoyment of life and other special expenses, punitive damages, court costs, and all other proper relief in the premises. 8

9 COUNT IV NEGLIGENT ENTRUSTMENT (LISA EFFINGER) 59. Plaintiff hereby incorporates and realleges the allegations contained in the preceding paragraphs 1 through 58 as if fully restated herein. 60. At all times relevant hereto, Lisa Effinger jointly owned the speedboat registered to her husband, Donald Effinger. 61. On July 15, 2017, Donald and Lisa Effinger entrusted their speedboat to Dominique Effinger for use on Lake Gage. 62. Dominique Effinger was incapacitated or impaired by her consumption of alcohol throughout that day. 63. Lisa Effinger possessed actual and specific knowledge Dominique Effinger was incapacitated, and, in fact, encouraged further consumption of alcohol by providing alcohol to Dominique Effinger shortly before she began driving the speedboat. 64. Lisa Effinger negligently entrusted Dominique Effinger to drive the speedboat. 65. As a direct and proximate result of Lisa Effinger s negligent entrustment, Bolin suffered those damages more fully set forth above. 66. Additionally, it was negligent entrustment per se for Lisa Effinger to entrust the speedboat to Dominique Effinger under these circumstances: a. Lisa Effinger possessed actual and specific knowledge her daughter, Dominique Effinger, was a minor under Indiana law; b. Lisa Effinger possessed actual and specific knowledge her daughter, Dominique Effinger, consumed alcohol prior to her allowing her to drive the speedboat; and, c. Therefore, by entrusting her daughter to drive the speedboat after she knew she consumed alcohol as a minor, she is negligent per se. 9

10 67. As a direct and proximate result of Lisa Effinger s negligent entrustment per se, Bolin suffered the damages more fully set forth above. 68. Taylor Bolin should be awarded punitive damages on the grounds of Lisa Effinger s gross negligence and/or reckless, willful and wanton misconduct in an amount sufficient to deter Lisa Effinger, and others similarly situated, from engaging in such misconduct in the future and to serve the public s interest in preventing injuries caused by intoxicated operation of boats. WHEREFORE, Taylor Bolin, by counsel, demands judgment against Lisa Effinger for permanent injuries in a reasonable amount to be determined at the trial of this cause, for medical expenses, pain and suffering, mental anguish, impairment of earning capacity, loss of enjoyment of life and other special expenses, punitive damages, court costs, and all other proper relief in the premises. COUNT V DRAM SHOP (LISA EFFINGER) 69. Plaintiff hereby incorporates and realleges the allegations contained in the preceding paragraphs 1 through 68 as if fully restated herein. injuries. 70. The speedboat collision caused the Taylor Bolin to suffer serious and permanent 71. At the time of the injuries suffered by Bolin, Dominique Effinger was intoxicated; specifically, at the time of the collision, Dominique Effinger was operating the speedboat with a BAC above Prior to the collision, Lisa Effinger carelessly, negligently and recklessly served alcoholic beverages to Dominique Effinger. 10

11 73. Lisa Effinger knowingly and negligently and with reckless disregard of the consequences served alcoholic beverages to the underage and intoxicated Dominique Effinger, contrary to the laws of the State of Indiana. 74. Lisa Effinger knew or should have known the intoxicated Dominique Effinger would be operating the speedboat in an intoxicated condition after leaving the Lakehouse. 75. The acts as alleged, among other things, violated I.C and I.C Lisa Effinger failed to monitor and supervise Dominique Effinger s activities in his Lakehouse. 77. Lisa Effinger s negligence, carelessness, recklessness and statutory violations, specifically by serving alcoholic beverages to the intoxicated, under age Dominique Effinger, proximately caused Taylor Bolin to suffer serious and permanent injuries. 78. As a result of the Lisa Effinger s gross negligence, Taylor Bolin incurred medical expenses, loss of enjoyment of life, impairment of earning capability, pain and mental anguish, and other special expenses, in an amount to be proven at the trial of this cause. 79. Taylor Bolin should be awarded punitive damages on the grounds of Lisa Effinger s gross negligence and/or reckless, willful and wanton misconduct in an amount sufficient to deter Lisa Effinger, and others similarly situated, from engaging in such misconduct in the future and to serve the public s interest in preventing injuries caused by the intoxicated operation of boats. WHEREFORE, Taylor Bolin, by counsel, demands judgment against Lisa Effinger for permanent injuries in a reasonable amount to be determined at the trial of this cause, for medical expenses, pain and suffering, mental anguish, impairment of earning capacity, loss of enjoyment of life and other special expenses, punitive damages, court costs, and all other proper relief in the premises. 11

12 DREWRY SIMMONS VORNEHM, LLP By: /s/ Paul (Rick) Rauch PAUL (RICK) RAUCH, Atty. No.: ANTHONY M. ELEFTHERI, Atty. No.: Attorneys for Plaintiff, Taylor Bolin REQUEST FOR TRIAL BY JURY The Plaintiff, Taylor Bolin, requests this matter be tried by jury. DREWRY SIMMONS VORNEHM, LLP By: /s/ Paul (Rick) Rauch PAUL (RICK) RAUCH, Atty. No.: ANTHONY M. ELEFTHERI, Atty. No.: Attorneys for Plaintiff, Taylor Bolin Rick Rauch Anthony Eleftheri Drewry Simmons Vornehm, LLP 736 Hanover Place, Suite 200 Carmel, IN (317) (main) (317) (direct) (317) (fax) 12