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PA205
Unit 3: Assignment

PA110: Civil Litigation I

10/14/2013

Tajada Anderson

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS

JUSTIN WILLIAM KING, ) )
Plaintiff. ) ) )
v. ) )
ANHEUSER-BUSCH COMPANIES, INC. ) )
Defendant. )
____________________________________)

COMPLAINT

Comes now the plaintiff, Justin King, by and through his attorney, states as follows:

PARTIES AND JURISDICTION

1. Plaintiff, for all times mentioned herein, was and is a resident of Cook County, State of Illinois.

2. Defendant is a corporation with is principal place of business in Missouri and carries on business in Illinois.

This court has subject matter jurisdiction over the claims presented in this complaint under 28 U.S.C. § 1332 because plaintiff is a resident of Illinois and the defendant is a citizen of Missouri and the amount in controversy exceeds $75,000, exclusive of fees and costs.

Personal jurisdiction and venue are proper in this District pursuant to 28 U.S.C. § 1391 because the acts of defendant caused harm to plaintiff in Ford County, in the Northern District of Illinois.

COUNT I

On or about April 8, 2013, the plaintiff was en route back to his home after signing a three-year contract with MCI records after winning National Idol. The plaintiff was riding his motorcycle southbound on Highway 57 going a speed of 60-65 miles per hour. The defendant’s driver flashed his lights signaling the need to pass which the plaintiff obliged to. The plaintiff swerved to avoid falling cases of beer but was struck.

On the occasion in question, defendant, Anheuser-Busch Companies, Inc., the defendant failed to secure the cargo on his truck causing them to fall into the plaintiff’s path.

The load that fell off of the defendant's truck caused the plaintiff to swerve and be struck by a beer case.

Defendant had a duty to secure the load to their truck.

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