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RETURN DATE: FEBRUARY 7, 2023 : SUPERIOR COURT
RAHSEAN HEARD &
RODNEY HEARD &
SCHMARA MCKIVER : J.D. OF NEW HAVEN
Vv. AT NEW HAVEN
DIANE CHAMBERY : DECEMBER 27, 2022
COMPLAINT
COUNT ONE ~ RAHSEAN HEARD V. DIANE CHAMBERY
1.
On or about January 11, 2021 at approximately 5:55 p.m., the plaintiff, Rahsean Heard,
was operating a motor vehicle on Spring Street in West Haven, Connecticut.
At all times relevant hereto, the plaintiffs, Rodney Heard and Schmara McKiver, were
passengers in the vehicle operated by Rahsean Heard.
At the same time and place, the defendant, Diane Chambery, was operating a motor vehicle
in a private driveway located on Spring Street in West Haven, Connecticut.
At said time and place, as the plaintiffs were stopped for a red traffic control signal, the
defendant suddenly and without warning backed her vehicle onto Spring Street and
collided with the plaintiffs’ vehicle.
The aforementioned collision was caused by the negligence of the defendant in one or more
of the following ways:
a. In that she failed to keep her automobile under reasonable and proper control;
b. In that she failed to maintain a proper look out for other vehicles or conditions on
the roadway or to pay attention to where she was heading;
c. In that she failed to apply her brakes in time or in a sufficient fashion so as to avoid
the collision;
d. In that she failed to sound her horn or to make any attempt whatsoever to give the
Plaintiff a timely warning of the impending collision;In that she failed to turn her vehicle in order to avoid the collision;
In that she failed to otherwise use proper precautions or measures to avoid the
collision;
In that she failed to remain awake and alert during her operation of said vehicle;
In that she operated her motor vehicle at a rate of speed greater than what was
reasonable in light of the width, traffic and use of the highway in violation of the
common law;
In that she operated her motor vehicle at a rate of speed greater than what was
yeasonable in light of the width, traffic and use of the highway in violation of
Connecticut General Statute Section 14-218a;
In that she failed to operate her motor vehicle as nearly as practicable entirely within
a single lane of travel and moved her vehicle from such lane when such movement
could not be made with safety in violation of the common law;
In that she failed to operate her motor vehicle as nearly as practicable entirely within
a single lane of travel and moved her vehicle from such lane when such movement
could not be made with safety in violation of Connecticut General Statutes Section
14-236;
In that she backed her vehicle when it was not reasonably safe to do so in violation
of Connecticut General Statutes Section 14-243.
6. Asa direct and proximate result of the defendant’s negligence, the plaintiff did suffer the
following injuries and damages some or all of which may be permanent in nature:
a.
b.
c.
d.
Cervical spine injury;
Thoracic spine injury;
Lumbar spine injury;
Right hip injury;
Radiculopathy;
Associated physical pain and suffering.7. Asa direct and proximate result of the aforesaid negligence of the defendant, the Plaintiff,
Rahsean Heard, has suffered and continues to suffer mental anguish, frustration and anxiety
over the fact that he was and remains injured.
8. Asa direct and proximate result of the aforesaid negligence of the defendant, the Plaintiff,
Rahsean Heard, has been forced to expend sums of money for medical care and treatment,
medications and therapy and may be forced to incur additional sums in the future.
9, Asa direct and proximate result of the aforesaid negligence of the defendant, the Plaintiff,
Rahsean Heard, has been limited in his ability to engage in his usual occupation as he had
prior thereto and may be so limited in the future.
10. As a further result of the defendant’s negligence, the Plaintiff, Rahsean Heard, has been
limited in his ability to enjoy and engage in all of life’s activities as he had prior thereto
and may be so limited in the future.
COUNT TWO - RODNEY HEARD V. DIANE CHAMBERY
1-5. Paragraphs 1 through 5 of Count One are hereby incorporated by reference and made
corresponding paragraphs 1 through 5 of this Count Two.
6. Asa direct and proximate result of the defendant’s negligence, the plaintiff did suffer the
following injuries and damages some or all of which may be permanent in nature:
a. Cervical spine injury;
b. Thoracic spine injury;
c. Lumbar spine injury;
d. Headaches;
e. Radiculopathy;
f. Associated physical pain and suffering.7. Asa direct and proximate result of the aforesaid negligence of the defendant, the Plaintiff,
Rodney Heard, has suffered and continues to suffer mental anguish, frustration and anxiety
over the fact that he was and remains injured.
8. Asa direct and proximate result of the aforesaid negligence of the defendant, the Plaintiff,
Rodney Heard, has been forced to expend sums of money for medical care and treatment,
medications and therapy and may be forced to incur additional sums in the future.
9, Asa direct and proximate result of the aforesaid negligence of the defendant, the Plaintiff,
Rodney Heard, has been limited in his ability to engage in his usual occupation as he had
prior thereto and may be so limited in the future.
10. As a further result of the defendant’s negligence, the Plaintiff, Rodney Heard, has been
limited in his ability to enjoy and engage in all of life’s activities as he had prior thereto
and may be so limited in the future.
COUNT THREE — SCHMARA MCKIVER V. DIANE CHAMBERY
1-5, Paragraphs 1 through 5 of Count One are hereby incorporated by reference and made
corresponding paragraphs 1 through 5 of this Count Three.
6. Asa direct and proximate result of the defendant’s negligence, the plaintiff did suffer the
following injuries and damages some or all of which may be permanent in nature:
a. Cervical spine injury;
b. Thoracic spine injury;
¢. Lumbar spine injury;
d. Head injury;
e. Headaches;
f. Radiculopathy;g. Associated physical pain and suffering.
7. Asa direct and proximate result of the aforesaid negligence of the defendant, the Plaintiff,
Claire Zeidenberg, has suffered and continues to suffer mental anguish, frustration and
anxiety over the fact that she was and remains injured.
8. Asa direct and proximate result of the aforesaid negligence of the defendant, the Plaintiff,
Claire Zeidenberg, has been forced to expend sums of money for medical care and
treatment, medications and therapy and may be forced to incur additional sums in the
future.
9, Asa direct and proximate result of the aforesaid negligence of the defendant, the Plaintiff,
Claire Zeidenberg, has been limited in her ability to engage in her usual occupation as she
had prior thereto and may be so limited in the future.
10. Asa further result of the defendant’s negligence, the Plaintiff, Claire Zeidenberg, has been
limited in her ability to enjoy and engage in all of life’s activities as she had prior thereto
and may be so limited in the future.WHEREFORE, the plaintiff claims:
1. Compensatory damages;
2. Such other relief the court deems appropriate.
THE PLAINTIFF,
By:
RJ. ER, III, ESQ
Webef & Rubano, L -
401 Center Street
Wallingtord, CT 06492
Phone: (203) 626-9172
Fax: (203) 626-9175
Juris No.: 432211RETURN DATE: FEBRUARY 7, 2023
RAHSEAN HEARD &
RODNEY HEARD &
SCHMARA MCKIVER
V.
DIANE CHAMBERY
SUPERIOR COURT
J.D. OF NEW HAVEN
AT NEW HAVEN
DECEMBER 27, 2022
STATEMENT OF AMOUNT IN DEMAND
The plaintiff claims money damages in excess of $15,000.00.
By:
THE PLAINTIFF,
y
co
RJ. WEBER, III, ESQ.
Weber & Rubano, LLC)
401 Center Street
Wallingford, CT 06492
Phone: (203) 626-9172
Fax: (203) 626-9175
Juris No.: 432211
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RETURN DATE: FEBRUARY 7, 2023 : SUPERIOR COURT RAHSEAN HEARD & RODNEY HEARD & SCHMARA MCKIVER : J.D. OF NEW HAVEN Vv. AT NEW HAVEN DIANE CHAMBERY : DECEMBER 27, 2022 COMPLAINT COUNT ONE ~ RAHSEAN HEARD V. DIANE CHAMBERY 1. On or about January 11, 2021 at approximately 5:55 p.m., the plaintiff, Rahsean Heard, was operating a motor vehicle on Spring Street in West Haven, Connecticut. At all times relevant hereto, the plaintiffs, Rodney Heard and Schmara McKiver, were passengers in the vehicle operated by Rahsean Heard. At the same time and place, the defendant, Diane Chambery, was operating a motor vehicle in a private driveway located on Spring Street in West Haven, Connecticut. At said time and place, as the plaintiffs were stopped for a red traffic control signal, the defendant suddenly and without warning backed her vehicle onto Spring Street and collided with the plaintiffs’ vehicle. The aforementioned collision was caused by the negligence of the defendant in one or more of the following ways: a. In that she failed to keep her automobile under reasonable and proper control; b. In that she failed to maintain a proper look out for other vehicles or conditions on the roadway or to pay attention to where she was heading; c. In that she failed to apply her brakes in time or in a sufficient fashion so as to avoid the collision; d. In that she failed to sound her horn or to make any attempt whatsoever to give the Plaintiff a timely warning of the impending collision;In that she failed to turn her vehicle in order to avoid the collision; In that she failed to otherwise use proper precautions or measures to avoid the collision; In that she failed to remain awake and alert during her operation of said vehicle; In that she operated her motor vehicle at a rate of speed greater than what was reasonable in light of the width, traffic and use of the highway in violation of the common law; In that she operated her motor vehicle at a rate of speed greater than what was yeasonable in light of the width, traffic and use of the highway in violation of Connecticut General Statute Section 14-218a; In that she failed to operate her motor vehicle as nearly as practicable entirely within a single lane of travel and moved her vehicle from such lane when such movement could not be made with safety in violation of the common law; In that she failed to operate her motor vehicle as nearly as practicable entirely within a single lane of travel and moved her vehicle from such lane when such movement could not be made with safety in violation of Connecticut General Statutes Section 14-236; In that she backed her vehicle when it was not reasonably safe to do so in violation of Connecticut General Statutes Section 14-243. 6. Asa direct and proximate result of the defendant’s negligence, the plaintiff did suffer the following injuries and damages some or all of which may be permanent in nature: a. b. c. d. Cervical spine injury; Thoracic spine injury; Lumbar spine injury; Right hip injury; Radiculopathy; Associated physical pain and suffering.7. Asa direct and proximate result of the aforesaid negligence of the defendant, the Plaintiff, Rahsean Heard, has suffered and continues to suffer mental anguish, frustration and anxiety over the fact that he was and remains injured. 8. Asa direct and proximate result of the aforesaid negligence of the defendant, the Plaintiff, Rahsean Heard, has been forced to expend sums of money for medical care and treatment, medications and therapy and may be forced to incur additional sums in the future. 9, Asa direct and proximate result of the aforesaid negligence of the defendant, the Plaintiff, Rahsean Heard, has been limited in his ability to engage in his usual occupation as he had prior thereto and may be so limited in the future. 10. As a further result of the defendant’s negligence, the Plaintiff, Rahsean Heard, has been limited in his ability to enjoy and engage in all of life’s activities as he had prior thereto and may be so limited in the future. COUNT TWO - RODNEY HEARD V. DIANE CHAMBERY 1-5. Paragraphs 1 through 5 of Count One are hereby incorporated by reference and made corresponding paragraphs 1 through 5 of this Count Two. 6. Asa direct and proximate result of the defendant’s negligence, the plaintiff did suffer the following injuries and damages some or all of which may be permanent in nature: a. Cervical spine injury; b. Thoracic spine injury; c. Lumbar spine injury; d. Headaches; e. Radiculopathy; f. Associated physical pain and suffering.7. Asa direct and proximate result of the aforesaid negligence of the defendant, the Plaintiff, Rodney Heard, has suffered and continues to suffer mental anguish, frustration and anxiety over the fact that he was and remains injured. 8. Asa direct and proximate result of the aforesaid negligence of the defendant, the Plaintiff, Rodney Heard, has been forced to expend sums of money for medical care and treatment, medications and therapy and may be forced to incur additional sums in the future. 9, Asa direct and proximate result of the aforesaid negligence of the defendant, the Plaintiff, Rodney Heard, has been limited in his ability to engage in his usual occupation as he had prior thereto and may be so limited in the future. 10. As a further result of the defendant’s negligence, the Plaintiff, Rodney Heard, has been limited in his ability to enjoy and engage in all of life’s activities as he had prior thereto and may be so limited in the future. COUNT THREE — SCHMARA MCKIVER V. DIANE CHAMBERY 1-5, Paragraphs 1 through 5 of Count One are hereby incorporated by reference and made corresponding paragraphs 1 through 5 of this Count Three. 6. Asa direct and proximate result of the defendant’s negligence, the plaintiff did suffer the following injuries and damages some or all of which may be permanent in nature: a. Cervical spine injury; b. Thoracic spine injury; ¢. Lumbar spine injury; d. Head injury; e. Headaches; f. Radiculopathy;g. Associated physical pain and suffering. 7. Asa direct and proximate result of the aforesaid negligence of the defendant, the Plaintiff, Claire Zeidenberg, has suffered and continues to suffer mental anguish, frustration and anxiety over the fact that she was and remains injured. 8. Asa direct and proximate result of the aforesaid negligence of the defendant, the Plaintiff, Claire Zeidenberg, has been forced to expend sums of money for medical care and treatment, medications and therapy and may be forced to incur additional sums in the future. 9, Asa direct and proximate result of the aforesaid negligence of the defendant, the Plaintiff, Claire Zeidenberg, has been limited in her ability to engage in her usual occupation as she had prior thereto and may be so limited in the future. 10. Asa further result of the defendant’s negligence, the Plaintiff, Claire Zeidenberg, has been limited in her ability to enjoy and engage in all of life’s activities as she had prior thereto and may be so limited in the future.WHEREFORE, the plaintiff claims: 1. Compensatory damages; 2. Such other relief the court deems appropriate. THE PLAINTIFF, By: RJ. ER, III, ESQ Webef & Rubano, L - 401 Center Street Wallingtord, CT 06492 Phone: (203) 626-9172 Fax: (203) 626-9175 Juris No.: 432211RETURN DATE: FEBRUARY 7, 2023 RAHSEAN HEARD & RODNEY HEARD & SCHMARA MCKIVER V. DIANE CHAMBERY SUPERIOR COURT J.D. OF NEW HAVEN AT NEW HAVEN DECEMBER 27, 2022 STATEMENT OF AMOUNT IN DEMAND The plaintiff claims money damages in excess of $15,000.00. By: THE PLAINTIFF, y co RJ. WEBER, III, ESQ. Weber & Rubano, LLC) 401 Center Street Wallingford, CT 06492 Phone: (203) 626-9172 Fax: (203) 626-9175 Juris No.: 432211