Running head: Draft Complaint
Tom Smith Client Complaint
Questions to ask the client Tom Smith
What kind of medication are you on for your lower back pain?
When is the last time that you took that medication for your lower back?
Are you seeing a doctor for your pain management?
How long were you in pain before you decided to go to La Grande Fromage?
Have you ever mixed medication with alcohol in the past?
Did you have any alcohol up until you arrived at La Grande Fromage?
How many glasses of alcohol did you have at La grande Fromage?
Did you feel impaired after you last glass of wine?
Did you hear the busboy yell to the hostess about the butter that fell on the floor?
Did you see the butter packs on the floor on your way to the restroom?
IN THE CIRCUIT COURT OF POTTAWATTAMIE COUNTY, IOWA
LA GRANDE FROMAGE,)
Plaintiff Tom Smith, a resident of Pottawattamie County, Council Bluffs, Iowa, sues the Defendant La Grande Fromage restaurant a business of Pottawattamie County, Iowa, a corporation organized under the laws of the State of Iowa and having a place at 2765 Broadway, Council Bluffs, Iowa. In cause of action for damages in the sum of Seventy-Five Thousand Dollars ($75,000) and for the cause of action would show.
1. That on June 7, 2019 Tom Smith went to La Grande Fromage restaurant for dinner with his wife Mary Smith. The plaintiff had a few glasses of wine before dinner at La Grande Fromage and had to use the restroom. The plaintiff then slip and fell on a butter packet located in the walkway to the restroom.
2. Witnesses will say that the busboy dropped the butter packet and then yelled to the hostess that it needed to be picked up, but never was.
3. Solely as a result of the failure of the Defendant to pick up and clean up the butter packet the Plaintiff slip and fell and sustained injuries to his back; and other serious and severe personal injuries.
4. Solely as a result of the injuries aforementioned, the plaintiff has incurred damages, including:
a. Medical expenses;
b. Lost wages;
c. He has, may and probably will for a certain amount of time in the future suffer great pain, inconvenience, embarrassment, and mental anguish;
d. His overall health, strength, and vitality have been greatly impaired.
5. Said State statute are set in the Iowa code, which are incorporated fully herein by reference and will be read in their entirety at the trial of this cause of action, said code sections being:
IA ST § 88.5 “Occupational safety and health standards”.
IA ST § 88.4 “Duites”.
IA ST § 327D.186 “Liability for Negligence of Employees”.