Preview
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LAW OFFICES OF JOHN L. KEMENCZY, LLC
West Caldwell Office Park
175 Fairfield Avenue - Suite 3D
West Caldwell, New Jersey 07006-6415
(973) 364-7700
Attorney for Plaintiff, Zakia Days
NJ Attorney ID No. 005691988
(21-0043 Complaint)
ZAKIA DAYS SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
Plaintiff, UNION COUNTY
VS. Docket No.
Civil Action
KENNETH YOUNGER, ROSHEA YOUNGER,
MARIE LOUISSAINT, JOHN DOE (1-99 Said
name being fictitious), COMPLAINT & JURY DEMAND;
REQUEST FOR JUDICIAL NOTICE &
Defendants. TIME UNIT CHARGE; DEMAND
FOR INTERROGATORIES,
PRODUCTION OF DOCUMENTS
AND INSURANCE COVERAGE.
Plaintiff, Zakia Days, (hereinafter “Plaintiff” or “Zakia”) residing at 21 Cottonwood Court,
Township of Hardyston, County of Sussex, State of New Jersey, by way of complaint against the
Defendants, say:
BACKGROUND AND PARTIES
1. The subject matter of this complaint arises from a dog bite accident occurring on or
about June 10, 2021 (hereinafter “date of accident.”)
2. The subject accident occurred at, nearor upon 1411 Munn Street, Township of Hillside,
County of Union, State of New Jersey (hereinafter “place of accident.”)
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3. On or about the date of accident, and continuing up to the present, Defendant Marie
Louissaint (hereinafter “Defendant” or “Marie”) resides at 1411 Munn Street, Township of
Hillside, County of Union, State of New Jersey.
4. Based upon information and belief Marie Louissaint is the legal owner of the place of
accident.
5. On or about the date of accident, and continuing up to the present, Defendant Kenneth
Younger (hereinafter “Defendant” or “Kenneth”) resides at 401 North Arlington Avenue, City of
East Orange, County of Essex, State of New Jersey.
6. On or about the date of accident, and continuing up to the present, Defendant Roshea
Younger (hereinafter “Defendant” or “Roshea”) resides at 401 North Arlington Avenue, City of
East Orange, County of Essex, State of New Jersey.
7. Defendant John Doe 1-99 is identified as a fictitious property owner, lessee, lessor,
dog owner, or any other fictitious Defendant that may be identified through continuing
investigation and discovery, responsible for the place of accident on the date of accident.
8. On the date of accident and place of accident, Plaintiff was observing dog training
when the Defendants’ dog identified as “Rigzby” approached Zakia and bit her left hand causing
her to fall forward and sustain injuries to her left shoulder and left hand.
FIRST COUNT KENNETH YOUNGER — NEGLIGENCE
9 Plaintiff repeats each and every allegation referenced above of this complaint and
incorporates same as if fully set forth at length.
10. On the date of accident and at the place of accident, Defendant Kenneth had the duty
to of care owed to Plaintiff to control and supervise Rigzby.
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11. On the date of accident Plaintiff was lawfully at the place of accident.
12. On the date of accident and at the place of accident, Defendant breached his duty of
care owed to Plaintiff when Defendant failed to contro! and/or supervise Rigzby which resulted
in attacking and biting Plaintiff.
13. As a direct and proximate result of the carelessness and negligence of Defendant,
Plaintiff suffered severe and permanent bodily injuries and disfigurement, has incurred and will
continue to incur extensive medical bills, has been and will continue to be disabled, and has been
and continues to be prevented from engaging in her usual activities.
WHEREFORE, Plaintiff demands judgment against this Defendant for damages together
with lawful interest and costs of suit.
SECOND COUNT KENNETH YOUNGER — STATUTORY DOG BITE LIABILITY
14. Plaintiff repeats each and every allegation referenced above of this complaint and
incorporates same as if fully set forth at length.
15. On the date of accident, Plaintiff was lawfully at the place of accident.
16.At all relevant times, Defendant Kenneth Younger owed a duty to comply with
applicable statues, regulations and rules related to dog bites in the State of New Jersey.
17. Defendant breached his duty to Plaintiff when he failed to comply with such statues,
regulations and rules regarding dog bites, as required by N.J.S.A. 4:19-16.
18. Plaintiff was, at the time of the attack, within the class of persons whom
N.J.S.A. 4:19-16 was designed to protect.
19. Defendant’s failure to comply with N.J.S.A. 4:19-16 was direct and proximate cause of
Plaintiff's injuries and damages and thus constitutes negligence per se.
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20. As a direct and proximate result of the Defendant's negligence per se, Plaintiff suffered
severe and permanent bodily injuries and disfigurement, has incurred and will continue to incur
extensive medical bills, has been and will continue to be disabled, and has been and continues to
be prevented from engaging in her usual activities.
WHEREFORE, Plaintiff demands judgment against this Defendant for damages together
with lawful interest and costs of suit.
THIRD COUNT ROSHEA YOUNGER — NEGLIGENCE
21. Plaintiff repeats each and every allegation referenced above of this complaint and
incorporates same as if fully set forth at length.
22. On the date of accident and at the place of accident, Defendant Roshea Younger had
the duty to of care owed to Plaintiff to control and supervise Rigzby.
23. On the date of accident, Plaintiff was lawfully at the place of accident.
24. On the date of accident and at the place of accident, Defendant breached her duty of
care owed to Plaintiff when Defendant failed to control and/or supervise Rigzby which resulted
in attacking and biting Plaintiff.
25. As a direct and proximate result of the carelessness and negligence of Defendant,
Plaintiff suffered severe and permanent bodily injuries and disfigurement, has incurred and will
continue to incur extensive medical bills, has been and will continue to be disabled, and has been
and continues to be prevented from engaging in her usual activities.
WHEREFORE, Plaintiff demands judgment against this Defendant for damages together
with lawful interest and costs of suit.
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FOURTH COUNT ROSHEA YOUNGER — STATUTORY DOG BITE LIABILITY
26. Plaintiff repeats each and every allegation referenced above of this complaint and
incorporates same as if fully set forth at length.
27. On the date of accident, Plaintiff was lawfully at the place of accident.
28. At all relevant times, Defendant Roshea Younger owed a duty to comply with
applicable statues, regulations and rules related to dog bites in the State of New Jersey.
29. Defendant breached her duty to Plaintiff when she failed to comply with such statues,
regulations and rules regarding dog bites, as required by N.J.S.A. 4:19-16.
30. Plaintiff was, at the time of the attack, within the class of persons whom
N.J.S.A. 4:19- 16 was designed to protect.
31. Defendant's failure to comply with N.J.S.A. 4:19-16 was direct and proximate cause of
Plaintiff's injuries and damages and thus constitutes negligence per se.
32. As a direct and proximate result of the Defendant’s negligence per se, Plaintiff suffered
severe and permanent bodily injuries and disfigurement, has incurred and will continue to incur
extensive medical bills, has been and will continue to be disabled, and has been and continues to
be prevented from engaging in her usual activities.
WHEREFORE, Plaintiff demands judgment against this Defendant for damages together
with lawful interest and costs of suit.
FIFTH COUNT MARIE LOUISSAINT — NEGLIGENCE
33. Plaintiff repeats each and every allegation referenced above of this complaint and
incorporates same as if fully set forth at length.
34. Defendant Marie Louissaint is the property owner of the place of accident.
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35. On the date of accident and at the place of accident, Defendant Marie Louissaint had
the duty to of care owed to Plaintiff to control and supervise Rigzby.
36. On the date of accident, Plaintiff was lawfully at the place of accident.
37. On the date of accident and at the place of accident, Defendant breached her duty of
care owed to Plaintiff when Defendant failed to control and/or supervise Rigzby which resulted
in attacking and biting Plaintiff.
38. As a direct and proximate result of the carelessness and negligence of Defendant,
Plaintiff suffered severe and permanent bodily injuries and disfigurement, has incurred and will
continue to incur extensive medical bills, has been and will continue to be disabled, and has been
and continues to be prevented from engaging in her usual activities.
WHEREFORE, Plaintiff demands judgment against this Defendant for damages together
with lawful interest and costs of suit.
SIXTH COUNT MARIE LOUISSAINT — ANIMAL
WITH VICIOUS OR DANGEROUS TRAIT OR PROPENSITY
39, Plaintiff repeats each and every allegation referenced above of this complaint and
incorporates same as if fully set forth at length.
40. Defendant Marie Louissaint is the property owner of the place of accident.
41. On the date of accident and at the place of accident, Defendant Marie Louissaint had
the duty to of exercise of reasonable care and should have known Rigzby particular vicious or
dangerous traits or propensity.
42. On the date of accident, Plaintiff was lawfully at the place of accident.
43. On the date of accident and at the place of accident, Defendant breached her duty of
reasonable care owed to Plaintiff when Defendant failed to protect Plaintiff from the vicious or
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dangerous traits or propensity of Rigzby which resulted in an attack and biting of Plaintiff.
44. As a direct and proximate result of this Defendant's failure to exercise reasonable
care, Plaintiff suffered severe and permanent bodily injuries and disfigurement, has incurred and
will continue to incur extensive medical bills, has been and will continue to be disabled, and has
been and continues to be prevented from engaging in her usual activities.
WHEREFORE, Plaintiff demands judgment against this Defendant for damages together
with lawful interest and costs of suit.
SEVENTH FIFTH COUNT JOHN DOE (1-99) — NEGLIGENCE
45. Plaintiff repeats each and every allegation referenced above of this complaint and
incorporates same as if fully set forth at length.
46. On the date of accident and at the place of accident, Defendant John Doe (1-99), had
the duty to of care owed to Plaintiffto contro! and supervise Rigzby.
47. On the date of accident, Plaintiff was lawfully at the place of accident.
48. On the date of accident and at the place of accident, Defendant John Doe (1-99),
breached his/her/its duty of care owed to Plaintiff when Defendant failed to control and/or
supervise Rigzby which resulted in attacking and biting Plaintiff.
49. As a direct and proximate result of the carelessness and negligence of Defendant,
Plaintiff suffered severe and permanent bodily injuries and disfigurement, has incurred and will
continue
to incur extensive medical bills, has been and will continueto be disabled, and has been
and continues to be prevented from engaging in her usual activities.
WHEREFORE, Plaintiff demands judgment against this Defendant for damages together
with lawful interest and costs of suit.
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EIGHTH SIXTH COUNT JOHN DOE (1-99) — STATUTORY DOG BITE LIABILITY
50. Plaintiff repeats each and every allegation referenced above of this complaint and
incorporates same as if fully set forth at length.
51. On the date of accident, Plaintiff was lawfully at the place of accident.
52. At all relevant times, Defendant John Doe (1-99) owed a duty to comply with applicable
statues, regulations and rules related to dog bites in the State of New Jersey.
53. Defendant breached his/her/its duty to Plaintiff when he/she failed to comply with
such statues, regulations and rules regarding dog bites, as required by N.J.S.A. 4:19-16.
54. Plaintiff was, at the time of the attack, within the class of persons whom
N.J.S.A. 4:19- 16 was designed to protect.
55. Defendant's failure to comply with N.J.S.A. 4:19-16 was direct and proximate cause of
Plaintiff's injuries and damages and thus constitutes negligence per se.
56. As a direct and proximate result of the Defendant's negligence per se, Plaintiff suffered
severe and permanent bodily injuries and disfigurement, has incurred and will continue to incur
extensive medical bills, has been and will continue to be disabled, and has been and continues to
be prevented from engaging in her usual activities.
WHEREFORE, Plaintiff demands judgment against this Defendant for damages together
with lawful interest and costs of suit.
NINTH COUNT JOHN DOE (1-99) — ANIMAL
WITH VICIOUS OR DANGEROUS TRAIT OR PROPENSITY
57. Plaintiff repeats each and every allegation referenced above of this complaint and
incorporates same as if fully set forth at length.
58. Defendant John Doe (1-99) is the property owner of the place of accident.
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59. On the date of accident and at the place of accident, Defendant John Doe (1-99) had
the duty to of exercise of reasonable care and should have known Rigzby particular vicious or
dangerous traits or propensity.
60. On the date of accident, Plaintiff was lawfully at the place of accident.
61. On the date of accident and at the place of accident, Defendant breached his/her duty
of reasonable care owed to Plaintiff when Defendant failed to protect Plaintiff from the vicious
or dangerous traits or propensity of Rigzby which resulted in an attack and biting of Plaintiff.
62. As a direct and proximate result of this Defendant’s failure to exercise reasonable
care, Plaintiff suffered severe and permanent bodily injuries and disfigurement, has incurred and
will continue to incur extensive medical bills, has been and will continue to be disabled, and has
been and continues to be prevented from engaging in her usual activities.
WHEREFORE, Plaintiff demands judgment against this Defendant for damages together
with lawful interest and costs of suit.
TRIAL ATTORNEY DESIGNATION
In accordance with R.4:25-4, John L. Kemenczy, Esq. is hereby designated as trial attorney
for this matter.
DEMAND FOR TRIAL BY JURY
Plaintiff hereby demands a trial by jury of six (6) persons as to all issues.
CERTIFICATION PURSUANT TO R. 4:5-1
| hereby certify, that the within action is not the subject of any other action or arbitration,
nor is any other action or arbitration pending.
| further certify that | am unaware of any other parties who should be joined in
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this action.
| am aware that if any of the foregoing statements made by me are willfully false,
lam subject to punishment.
LAW OFFICES OF JOHN L. KEMENCZY, LLC
Attorney for Plaintiff, Zakia Days
By 4
HN L. KEMENCZY, SQ,
Dated: May 31, 2023
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CERTIFICATION OF NO CONTROVERSIAL PERSONAL IDENTIFIERS
Confidential personal identifiers from any documents now submitted to the Court and
will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b).
LAW OFFICES OF JOHN L. KEMENCZY, LLC
Attorney for Plaintiff, Zakia Days
/
By: (lun k : Coco.
a L. KEMENCZY, ESQ.
Dated: May 31, 2023
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REQUEST FOR JUDICIAL NOTICE
Plaintiff by way of request to the Court and Notice to all counsel pursuant to New Jersey
Rules of Evidence, Rule 201 et als, requests the Court to take judicial notice of the life expectancy
table and the content thereof as referred to by New Jersey Court Rule 1:13-5.
LAW OFFICES OF JOHN L. KEMENCZY, LLC
Attorney for Plaintiff, Zakia Days
y,
By
L. KEM ENCZY, SQ.
Dated: May 31, 2023
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NOTICE OF TIME UNIT CHARGE
TAKE FURTHER NOTICE that the Plaintiff requests a charge on the modified time unit
instructions pursuant to Henker v. Prebyulowski, 216 N.J. Super. 513 (App. Div. 1987).
LAW OFFICES OF JOHN L. KEMENCZY, LLC
Attorney for Plaintiff, Zakia Days
cae
By:
HNL. KEMEN SQ.
Dated: May 31, 2023
DEMAND FOR UNIFORM FORM C, AND INTERROGATORIES
Demand is herein made for each Defendants to supply fully responsive answers to
Uniform Interrogatories from Appendix II of the Current New Jersey Court Rules as required by
R.4:17-1(b)(1) as to Interrogatories Form C and C(2).
LAW OFFICES OF JOHN L. KEMENCZY, LLC
Attorney for Plaintiff, Zakia Days
Abad Le. HIN L. KEMENCZY, ESQ.
(
Dated: May 31, 2023
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DEMAND FOR SUPPLEMENTAL INTERROGATORIES
Demand is herein made for each named Defendant to supply fully responsive answers to
the following supplemental interrogatories as required by R.4:17-1(b)(1):
$1. Was any written report of the accident or any circumstances relating to the
accident made by the Defendant or to the Defendant or any servant, agent or employee of the
Defendant and if so, set forth the substance of the report and attach a copy hereto.
$2. Does the Defendant have possession of any photographs, motion pictures,
videotapes or surveillance reports of the Plaintiff and, if so, identify the contents of each and
attach a copy hereto.
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$3. Does the Defendant or anyone in the Defendants behalf have knowledge of any
other personal injury claims or lawsuits made by the Plaintiff, either prior to or subsequent to
the date of the accident and, if so, set forth the nature of each and attach a copy of all written
documents relating thereto that are in the possession of the Defendant.
$4. Does the Defendant or anyone in the Defendant’s behalf have knowledge of any
other injuries, illnesses or medical conditions sustained by the Plaintiff, either prior to or
subsequent to the date of this accident and, if so, set forth the nature of each and attach a copy
of all medical records or other written documents relating thereto that are in possession of the
Defendant.
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S5. Does the Defendant or anyone in the Defendant’s behalf have possession of any
medical records, reports, radiographs or diagnostic tests of any nature concerning the injuries
sustained by the Plaintiffin this accident and, if so, attach a copy of each document that is in the
possession of the Defendant.
S6. Does the Defendant contend that the Plaintiff's injuries were caused by another
accident or some other physical condition, disease or injury and, if so, set forth the nature of and
attach a copy of all written documents relating hereto that are in the possession of the
Defendant.
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CERTIFICATION
| hereby certify that the copies of the written reports or complete summaries or any oral
reports of treating physicians or expert witnesses, annexed hereto, are exact copies of the entire
written report or reports or complete summaries of any oral report or reports rendered by them;
that the existence of other reports of treating physicians or expert witnesses either written or
oral are unknown to me; and that if such reports become later known or available, | shall serve
them promptly upon the propounding party, but in no case later than the time prescribed by the
court rules.
| hereby certify that the foregoing statements made by me are true. | am aware that if
any of the foregoing statements made by me are willfully false, | am subject to punishment.
, Defendant
Dated:
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DEMAND FOR PRODUCTION OF DOCUMENTS
PLEASE TAKE NOTICE, that pursuant to Rule 4:18-1, we hereby request that Defendant
Kenneth Younger, Roshea Younger, and Marie Louissaint to produce true and complete copies
within thirty (30) days of service of this request, at Kemenczy Law, LLC, 175 Fairfield Avenue,
Suite 3D, West Caldwell, NJ 07006, or at such other location as is reasonable and convenient for
the parties, for examination and for copying, the documents, records and/or tangible things listed
below that are within your actual or constructive possession, custody or control.
DOCUMENTS TO PRODUCE
1. Any and all statements made prior to the date of filing of Plaintiff's complaint, by
any party to this lawsuit, their agents, representatives or employees, whether written or oral.
2. Any and all statements made prior to the date of filing of Plaintiff's complaint, by
any witness to the events described in any and all of the paragraphs of the cause of action.
3 Any and all statements made prior to the date of filing of Plaintiff's complaint, by
any persons other than witnesses or parties which relates or refers in any way to the cause of
action.
4. Any and all written reports rendered by Defendant’s proposed expert witnesses,
including, but not limited to any medical expert witnesses intended or not intended to be called
at the time of trial.
5 Any and all books, treaties, commentaries, reports, statutes, codes, ordinances,
rules, regulation or other published documents referred to and utilized by or relied upon by any
expert witness whom Defendant intends to call at trial.
6 Any and all blue prints, charts diagrams, drawing, graphs, maps, plats, plans,
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photographs, models or other visual reproductions of any object, place or thing prepared or
utilized by, referred to or relied upon by any expert witnesses whom Defendant intends to call at
time of trial.
7 Acopy of any photographs or surveys of the scene of the accident or of any objects
or persons involved therein whether in the possession of the attorney, or in the possession of
any representatives of the insurance carriers, as well as photo static copies of any photographs
taken of any damaged parts of any vehicle that may have been involved in the accident in
question.
8 A copy of any and all written reports or summaries or oral reports, as well as a
copy of the curriculum vitae, of any and all experts that have been supplied to Defendant’s
attorneys, whose testimony will be offered at the time of trial in the above captioned matter.
9. All liability expert reports. If oral, supply a complete summary of same.
10. Copies of any statements obtained from any witnesses, any party to this action,
any parties investigators, agents, servants or employees; if oral, supply a complete summary of
same.
uu, Copies of any and all medical reports and bills from treating, consulting or
examining physicians of Plaintiff or Defendant.
12. Copies of any and all diagnostic tests, reports, summaries and bills relating to
Plaintiff or Defendant.
13. Copies of any and all interrogatories and responses thereto propounded or
received by or from the other party with regard to this action.
14. Provide a detailed summary and/or any supporting documents relating to or
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demonstrating any and all insurance policies which would cover any and all claims referred to in
the Plaintiffs complaint.
15. Attach hereto copies of any and all documents demonstrating any and all benefits
received of any kind and from any source to which the Plaintiff or Defendant were entitled as a
result of the incident which is the subject of this lawsuit together with a summary or documents
indicating benefits paid to date.
16. A complete copy of each and every document which Defendant may rely upon at
the time of trial.
17. A complete copy of any and all expert reports in the possession of the Defendant
regarding the subject matter of the lawsuit.
18. All documents not produced pursuant to the above that the Defendant may refer
to at the time of trial, mark for identification or offer into evidence during the trial of this matter.
19. All documents referred to or identified in Defendants answer to interrogatories.
20. A copy of the insurance declaration page for each and every insurance policy
mentioned in Defendant’s answer to interrogatories.
21. A copy of any and all contracts or agreements Defendant entered into with any
other party named in this action which relates, refer or reflects the operation of Defendant’s
business or the employment of any Defendant.
22. A copy of each and every document of other item obtained by subpoena which
reflects, relates or refers to any named party or any other item at issue in this action.
23. A copy of each and every document or other item obtained with Plaintiff's
authorization which reflects, relates or refers to any party named in this action.
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24. Statements concerning the action or subject matter previously made by the
Defendant pursuant to R.4:10-2(c}.
25. The reports of any examining experts who have conducted an examination
pursuant to R.4:10-2 whether or not said expert is expected to testify as per R.4:10-2.
26. All photographs in your possession which depicts the sites of the event and/or
accident and/or persons and/or objects connected to the subject matter of the instant
controversy.
27. Copies of all liability and/or damages expert reports in your possession of any
person you may call at trial as an expert pursuant to R.4:2(d).
28. All other correspondence, memoranda, notes, diaries, photographs, videotapes or
other documents not specifically requested above which refer or relate in any way to the
incident.
23; Any and all literature, articles, textbooks and written material related to the
opinions of your respective expert witness(es) in this action.
30. Any and all literature, articles, textbooks and written material upon which your
respective expert witness(es):
a relied in forming their opinion in this matter;
b recognize as authorities or a standard authority, and/or;
c recognize as trustworthy.
31, Any and all literature, articles textbooks, and written material upon which you
may and/or will rely at time of trial or on the cross-examination of Defendant’s witnesses.
32. Your expert’s complete file that he/she accumulated in the course of formulating
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his/her opinion concerning the injuries sustained by Plaintiff including, but not limited to, the
following:
All written reports rendered relating to the injuries sustained by Plaintiff;
All documents relief upon in arriving at the opinions contained in your expert’s
written report(s);
All correspondence and documents sent by counsel to your expert;
All correspondence and documents sent by your expert to counsel;
All drafts or written reports;
All written summaries of oral reports;
All notes of conversations concerning this matter;
Your expert’s curriculum vitae.
33. A list of all lawsuits in which your expert has been consulted.
34, Any and all literature, articles or published material that your expert has authored
or co-authored.
85. Any and all literature, articles, textbooks and other written material (as defined
under the New Jersey Rules of Evidence) related to your expert’s opinions.
36. Any and all literature, articles, textbooks and other written material (as defined
under the New Jersey Rules of Evidence) upon which you may and/or will rely during the course
of this litigation up to and including time of trial.
37. Any and all reports made by any person concerning
the subject matter of Plaintiff's
Complaint.
38. All public records identifying Rigzby, including but not limited to: police reports
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and zoning officer records health Department records dog licensing records meniscal court
records.
39. Any and all veterinarian records for Rigzby.
40. Any and all ownership records for Rigzby.
LAW OFFICES OF JOHN L. KEMENCZY, LLC
Attorney for Plaintiff, Zakia Days
By
HN L. KEMENCZ ES
Dated: May 31, 2023
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DEMAND FOR DISCOVERY OF INSURANCE COVERAGE
Pursuant to R.4:10-2(b), the Plaintiff hereby demands that the Defendant provided the
following information with respect to the existence and contents of any insurance agreement
under which any person carrying on an insurance business may be liable to satisfy part or all of a
judgment which may be entered in this action or to indemnify or reimburse for payments made
to satisfy the judgment:
1 On the date of the accident, did the Defendant have a liability insurance policy
and, if so, set forth the name of the insurance company, the policy number, the effective date,
the policy limits and attached a copy of the Declaration page.
2. On the date of the accident, did the Defendant have any excess insurance liability
coverage and, is so, set forth the name of the insurance company, the policy number, the
effective date, the policy limits and attach a copy of the Declaration page.
3 On the date of the accident, were there any other insurance agreements of
policies not otherwise provided above under which any person or firm carrying on an insurance
business may be liable to satisfy part of all of a judgment which may be entered in this action or
to indemnify or reimburse for payments made to satisfy the judgment and, if so, set forth the
name of the insurance company, the policy number, the effective date, the policy limits and
attach a copy of the Declaration page.
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| hereby certify, under penalty of law, that that information set forth above in response
to Plaintiff's Demand for Discovery of Insurance Coverage is correct and that | will notify Plaintiff's
attorney immediately if | obtain any additional information.
, Defendant
Dated:
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Civil Case Information Statement
Case Details: UNION | Ci | Part Docket# L-001731-23
Case Caption: DAYS ZAKIA VS YOUNGER KENNETH Case Type: PERSONAL INJURY
Case Initiation Date: 05/31/2023 Document Type: Complaint with Jury Demand
Attorney Name: JOHN L KEMENCZY Jury Demand: YES - 6 JURORS
Firm Name: JOHN L KEMENCZY, LLC Is this a professional malpractice case? NO
Address: 175 FAIRFIELD AVE STE 3D Related cases pending: NO
WEST CALDWELL NJ 070066415 If yes, list docket numbers:
Phone: 9733647700 Do you anticipate adding any parties (arising out of same
Name of Party: PLAINTIFF : Days, Zakia transaction or occurrence)? NO
Name of Defendant's Primary Insurance Company Does this case involve claims related to COVID-19? NO
(if known): Unknown
Are sexual abuse claims alleged by: Zakia Days? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? YES
If yes, is that relationship: Friend/Neighbour
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
| certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
05/31/2023 /s/ JOHN L KEMENCZY
Dated Signed
Preview
UNN-L-001731-23 05/31/2023 11:18:29 AM Pglof25 Trans ID: LCV20231672328 LAW OFFICES OF JOHN L. KEMENCZY, LLC West Caldwell Office Park 175 Fairfield Avenue - Suite 3D West Caldwell, New Jersey 07006-6415 (973) 364-7700 Attorney for Plaintiff, Zakia Days NJ Attorney ID No. 005691988 (21-0043 Complaint) ZAKIA DAYS SUPERIOR COURT OF NEW JERSEY LAW DIVISION Plaintiff, UNION COUNTY VS. Docket No. Civil Action KENNETH YOUNGER, ROSHEA YOUNGER, MARIE LOUISSAINT, JOHN DOE (1-99 Said name being fictitious), COMPLAINT & JURY DEMAND; REQUEST FOR JUDICIAL NOTICE & Defendants. TIME UNIT CHARGE; DEMAND FOR INTERROGATORIES, PRODUCTION OF DOCUMENTS AND INSURANCE COVERAGE. Plaintiff, Zakia Days, (hereinafter “Plaintiff” or “Zakia”) residing at 21 Cottonwood Court, Township of Hardyston, County of Sussex, State of New Jersey, by way of complaint against the Defendants, say: BACKGROUND AND PARTIES 1. The subject matter of this complaint arises from a dog bite accident occurring on or about June 10, 2021 (hereinafter “date of accident.”) 2. The subject accident occurred at, nearor upon 1411 Munn Street, Township of Hillside, County of Union, State of New Jersey (hereinafter “place of accident.”) UNN-L-001731-23 05/31/2023 11:18:29 AM Pg2of25 Trans ID: LCV20231672328 3. On or about the date of accident, and continuing up to the present, Defendant Marie Louissaint (hereinafter “Defendant” or “Marie”) resides at 1411 Munn Street, Township of Hillside, County of Union, State of New Jersey. 4. Based upon information and belief Marie Louissaint is the legal owner of the place of accident. 5. On or about the date of accident, and continuing up to the present, Defendant Kenneth Younger (hereinafter “Defendant” or “Kenneth”) resides at 401 North Arlington Avenue, City of East Orange, County of Essex, State of New Jersey. 6. On or about the date of accident, and continuing up to the present, Defendant Roshea Younger (hereinafter “Defendant” or “Roshea”) resides at 401 North Arlington Avenue, City of East Orange, County of Essex, State of New Jersey. 7. Defendant John Doe 1-99 is identified as a fictitious property owner, lessee, lessor, dog owner, or any other fictitious Defendant that may be identified through continuing investigation and discovery, responsible for the place of accident on the date of accident. 8. On the date of accident and place of accident, Plaintiff was observing dog training when the Defendants’ dog identified as “Rigzby” approached Zakia and bit her left hand causing her to fall forward and sustain injuries to her left shoulder and left hand. FIRST COUNT KENNETH YOUNGER — NEGLIGENCE 9 Plaintiff repeats each and every allegation referenced above of this complaint and incorporates same as if fully set forth at length. 10. On the date of accident and at the place of accident, Defendant Kenneth had the duty to of care owed to Plaintiff to control and supervise Rigzby. UNN-L-001731-23 05/31/2023 11:18:29 AM Pg3of25 Trans ID: LCV20231672328 11. On the date of accident Plaintiff was lawfully at the place of accident. 12. On the date of accident and at the place of accident, Defendant breached his duty of care owed to Plaintiff when Defendant failed to contro! and/or supervise Rigzby which resulted in attacking and biting Plaintiff. 13. As a direct and proximate result of the carelessness and negligence of Defendant, Plaintiff suffered severe and permanent bodily injuries and disfigurement, has incurred and will continue to incur extensive medical bills, has been and will continue to be disabled, and has been and continues to be prevented from engaging in her usual activities. WHEREFORE, Plaintiff demands judgment against this Defendant for damages together with lawful interest and costs of suit. SECOND COUNT KENNETH YOUNGER — STATUTORY DOG BITE LIABILITY 14. Plaintiff repeats each and every allegation referenced above of this complaint and incorporates same as if fully set forth at length. 15. On the date of accident, Plaintiff was lawfully at the place of accident. 16.At all relevant times, Defendant Kenneth Younger owed a duty to comply with applicable statues, regulations and rules related to dog bites in the State of New Jersey. 17. Defendant breached his duty to Plaintiff when he failed to comply with such statues, regulations and rules regarding dog bites, as required by N.J.S.A. 4:19-16. 18. Plaintiff was, at the time of the attack, within the class of persons whom N.J.S.A. 4:19-16 was designed to protect. 19. Defendant’s failure to comply with N.J.S.A. 4:19-16 was direct and proximate cause of Plaintiff's injuries and damages and thus constitutes negligence per se. UNN-L-001731-23 05/31/2023 11:18:29 AM Pg4of25 Trans ID: LCV20231672328 20. As a direct and proximate result of the Defendant's negligence per se, Plaintiff suffered severe and permanent bodily injuries and disfigurement, has incurred and will continue to incur extensive medical bills, has been and will continue to be disabled, and has been and continues to be prevented from engaging in her usual activities. WHEREFORE, Plaintiff demands judgment against this Defendant for damages together with lawful interest and costs of suit. THIRD COUNT ROSHEA YOUNGER — NEGLIGENCE 21. Plaintiff repeats each and every allegation referenced above of this complaint and incorporates same as if fully set forth at length. 22. On the date of accident and at the place of accident, Defendant Roshea Younger had the duty to of care owed to Plaintiff to control and supervise Rigzby. 23. On the date of accident, Plaintiff was lawfully at the place of accident. 24. On the date of accident and at the place of accident, Defendant breached her duty of care owed to Plaintiff when Defendant failed to control and/or supervise Rigzby which resulted in attacking and biting Plaintiff. 25. As a direct and proximate result of the carelessness and negligence of Defendant, Plaintiff suffered severe and permanent bodily injuries and disfigurement, has incurred and will continue to incur extensive medical bills, has been and will continue to be disabled, and has been and continues to be prevented from engaging in her usual activities. WHEREFORE, Plaintiff demands judgment against this Defendant for damages together with lawful interest and costs of suit. UNN-L-001731-23 05/31/2023 11:18:29 AM Pg5of25 Trans ID: LCV20231672328 FOURTH COUNT ROSHEA YOUNGER — STATUTORY DOG BITE LIABILITY 26. Plaintiff repeats each and every allegation referenced above of this complaint and incorporates same as if fully set forth at length. 27. On the date of accident, Plaintiff was lawfully at the place of accident. 28. At all relevant times, Defendant Roshea Younger owed a duty to comply with applicable statues, regulations and rules related to dog bites in the State of New Jersey. 29. Defendant breached her duty to Plaintiff when she failed to comply with such statues, regulations and rules regarding dog bites, as required by N.J.S.A. 4:19-16. 30. Plaintiff was, at the time of the attack, within the class of persons whom N.J.S.A. 4:19- 16 was designed to protect. 31. Defendant's failure to comply with N.J.S.A. 4:19-16 was direct and proximate cause of Plaintiff's injuries and damages and thus constitutes negligence per se. 32. As a direct and proximate result of the Defendant’s negligence per se, Plaintiff suffered severe and permanent bodily injuries and disfigurement, has incurred and will continue to incur extensive medical bills, has been and will continue to be disabled, and has been and continues to be prevented from engaging in her usual activities. WHEREFORE, Plaintiff demands judgment against this Defendant for damages together with lawful interest and costs of suit. FIFTH COUNT MARIE LOUISSAINT — NEGLIGENCE 33. Plaintiff repeats each and every allegation referenced above of this complaint and incorporates same as if fully set forth at length. 34. Defendant Marie Louissaint is the property owner of the place of accident. UNN-L-001731-23 05/31/2023 11:18:29 AM Pg6of25 Trans ID: LCV20231672328 35. On the date of accident and at the place of accident, Defendant Marie Louissaint had the duty to of care owed to Plaintiff to control and supervise Rigzby. 36. On the date of accident, Plaintiff was lawfully at the place of accident. 37. On the date of accident and at the place of accident, Defendant breached her duty of care owed to Plaintiff when Defendant failed to control and/or supervise Rigzby which resulted in attacking and biting Plaintiff. 38. As a direct and proximate result of the carelessness and negligence of Defendant, Plaintiff suffered severe and permanent bodily injuries and disfigurement, has incurred and will continue to incur extensive medical bills, has been and will continue to be disabled, and has been and continues to be prevented from engaging in her usual activities. WHEREFORE, Plaintiff demands judgment against this Defendant for damages together with lawful interest and costs of suit. SIXTH COUNT MARIE LOUISSAINT — ANIMAL WITH VICIOUS OR DANGEROUS TRAIT OR PROPENSITY 39, Plaintiff repeats each and every allegation referenced above of this complaint and incorporates same as if fully set forth at length. 40. Defendant Marie Louissaint is the property owner of the place of accident. 41. On the date of accident and at the place of accident, Defendant Marie Louissaint had the duty to of exercise of reasonable care and should have known Rigzby particular vicious or dangerous traits or propensity. 42. On the date of accident, Plaintiff was lawfully at the place of accident. 43. On the date of accident and at the place of accident, Defendant breached her duty of reasonable care owed to Plaintiff when Defendant failed to protect Plaintiff from the vicious or UNN-L-001731-23 05/31/2023 11:18:29 AM Pg7of25 Trans ID: LCV20231672328 dangerous traits or propensity of Rigzby which resulted in an attack and biting of Plaintiff. 44. As a direct and proximate result of this Defendant's failure to exercise reasonable care, Plaintiff suffered severe and permanent bodily injuries and disfigurement, has incurred and will continue to incur extensive medical bills, has been and will continue to be disabled, and has been and continues to be prevented from engaging in her usual activities. WHEREFORE, Plaintiff demands judgment against this Defendant for damages together with lawful interest and costs of suit. SEVENTH FIFTH COUNT JOHN DOE (1-99) — NEGLIGENCE 45. Plaintiff repeats each and every allegation referenced above of this complaint and incorporates same as if fully set forth at length. 46. On the date of accident and at the place of accident, Defendant John Doe (1-99), had the duty to of care owed to Plaintiffto contro! and supervise Rigzby. 47. On the date of accident, Plaintiff was lawfully at the place of accident. 48. On the date of accident and at the place of accident, Defendant John Doe (1-99), breached his/her/its duty of care owed to Plaintiff when Defendant failed to control and/or supervise Rigzby which resulted in attacking and biting Plaintiff. 49. As a direct and proximate result of the carelessness and negligence of Defendant, Plaintiff suffered severe and permanent bodily injuries and disfigurement, has incurred and will continue to incur extensive medical bills, has been and will continueto be disabled, and has been and continues to be prevented from engaging in her usual activities. WHEREFORE, Plaintiff demands judgment against this Defendant for damages together with lawful interest and costs of suit. UNN-L-001731-23 05/31/2023 11:18:29 AM Pg8of25 Trans ID: LCV20231672328 EIGHTH SIXTH COUNT JOHN DOE (1-99) — STATUTORY DOG BITE LIABILITY 50. Plaintiff repeats each and every allegation referenced above of this complaint and incorporates same as if fully set forth at length. 51. On the date of accident, Plaintiff was lawfully at the place of accident. 52. At all relevant times, Defendant John Doe (1-99) owed a duty to comply with applicable statues, regulations and rules related to dog bites in the State of New Jersey. 53. Defendant breached his/her/its duty to Plaintiff when he/she failed to comply with such statues, regulations and rules regarding dog bites, as required by N.J.S.A. 4:19-16. 54. Plaintiff was, at the time of the attack, within the class of persons whom N.J.S.A. 4:19- 16 was designed to protect. 55. Defendant's failure to comply with N.J.S.A. 4:19-16 was direct and proximate cause of Plaintiff's injuries and damages and thus constitutes negligence per se. 56. As a direct and proximate result of the Defendant's negligence per se, Plaintiff suffered severe and permanent bodily injuries and disfigurement, has incurred and will continue to incur extensive medical bills, has been and will continue to be disabled, and has been and continues to be prevented from engaging in her usual activities. WHEREFORE, Plaintiff demands judgment against this Defendant for damages together with lawful interest and costs of suit. NINTH COUNT JOHN DOE (1-99) — ANIMAL WITH VICIOUS OR DANGEROUS TRAIT OR PROPENSITY 57. Plaintiff repeats each and every allegation referenced above of this complaint and incorporates same as if fully set forth at length. 58. Defendant John Doe (1-99) is the property owner of the place of accident. UNN-L-001731-23 05/31/2023 11:18:29 AM Pg9of25 Trans ID: LCV20231672328 59. On the date of accident and at the place of accident, Defendant John Doe (1-99) had the duty to of exercise of reasonable care and should have known Rigzby particular vicious or dangerous traits or propensity. 60. On the date of accident, Plaintiff was lawfully at the place of accident. 61. On the date of accident and at the place of accident, Defendant breached his/her duty of reasonable care owed to Plaintiff when Defendant failed to protect Plaintiff from the vicious or dangerous traits or propensity of Rigzby which resulted in an attack and biting of Plaintiff. 62. As a direct and proximate result of this Defendant’s failure to exercise reasonable care, Plaintiff suffered severe and permanent bodily injuries and disfigurement, has incurred and will continue to incur extensive medical bills, has been and will continue to be disabled, and has been and continues to be prevented from engaging in her usual activities. WHEREFORE, Plaintiff demands judgment against this Defendant for damages together with lawful interest and costs of suit. TRIAL ATTORNEY DESIGNATION In accordance with R.4:25-4, John L. Kemenczy, Esq. is hereby designated as trial attorney for this matter. DEMAND FOR TRIAL BY JURY Plaintiff hereby demands a trial by jury of six (6) persons as to all issues. CERTIFICATION PURSUANT TO R. 4:5-1 | hereby certify, that the within action is not the subject of any other action or arbitration, nor is any other action or arbitration pending. | further certify that | am unaware of any other parties who should be joined in UNN-L-001731-23 05/31/2023 11:18:29 AM Pg10o0f25 Trans ID: LCV20231672328 this action. | am aware that if any of the foregoing statements made by me are willfully false, lam subject to punishment. LAW OFFICES OF JOHN L. KEMENCZY, LLC Attorney for Plaintiff, Zakia Days By 4 HN L. KEMENCZY, SQ, Dated: May 31, 2023 UNN-L-001731-23 05/31/2023 11:18:29AM Pg1lof25 Trans ID: LCV20231672328 CERTIFICATION OF NO CONTROVERSIAL PERSONAL IDENTIFIERS Confidential personal identifiers from any documents now submitted to the Court and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b). LAW OFFICES OF JOHN L. KEMENCZY, LLC Attorney for Plaintiff, Zakia Days / By: (lun k : Coco. a L. KEMENCZY, ESQ. Dated: May 31, 2023 UNN-L-001731-23 05/31/2023 11:18:29 AM Pg12o0f25 Trans ID: LCV20231672328 REQUEST FOR JUDICIAL NOTICE Plaintiff by way of request to the Court and Notice to all counsel pursuant to New Jersey Rules of Evidence, Rule 201 et als, requests the Court to take judicial notice of the life expectancy table and the content thereof as referred to by New Jersey Court Rule 1:13-5. LAW OFFICES OF JOHN L. KEMENCZY, LLC Attorney for Plaintiff, Zakia Days y, By L. KEM ENCZY, SQ. Dated: May 31, 2023 UNN-L-001731-23 05/31/2023 11:18:29 AM Pg130f25 Trans ID: LCV20231672328 NOTICE OF TIME UNIT CHARGE TAKE FURTHER NOTICE that the Plaintiff requests a charge on the modified time unit instructions pursuant to Henker v. Prebyulowski, 216 N.J. Super. 513 (App. Div. 1987). LAW OFFICES OF JOHN L. KEMENCZY, LLC Attorney for Plaintiff, Zakia Days cae By: HNL. KEMEN SQ. Dated: May 31, 2023 DEMAND FOR UNIFORM FORM C, AND INTERROGATORIES Demand is herein made for each Defendants to supply fully responsive answers to Uniform Interrogatories from Appendix II of the Current New Jersey Court Rules as required by R.4:17-1(b)(1) as to Interrogatories Form C and C(2). LAW OFFICES OF JOHN L. KEMENCZY, LLC Attorney for Plaintiff, Zakia Days Abad Le. HIN L. KEMENCZY, ESQ. ( Dated: May 31, 2023 UNN-L-001731-23 05/31/2023 11:18:29 AM Pg140f25 Trans ID: LCV20231672328 DEMAND FOR SUPPLEMENTAL INTERROGATORIES Demand is herein made for each named Defendant to supply fully responsive answers to the following supplemental interrogatories as required by R.4:17-1(b)(1): $1. Was any written report of the accident or any circumstances relating to the accident made by the Defendant or to the Defendant or any servant, agent or employee of the Defendant and if so, set forth the substance of the report and attach a copy hereto. $2. Does the Defendant have possession of any photographs, motion pictures, videotapes or surveillance reports of the Plaintiff and, if so, identify the contents of each and attach a copy hereto. UNN-L-001731-23 05/31/2023 11:18:29 AM Pg15o0f25 Trans ID: LCV20231672328 $3. Does the Defendant or anyone in the Defendants behalf have knowledge of any other personal injury claims or lawsuits made by the Plaintiff, either prior to or subsequent to the date of the accident and, if so, set forth the nature of each and attach a copy of all written documents relating thereto that are in the possession of the Defendant. $4. Does the Defendant or anyone in the Defendant’s behalf have knowledge of any other injuries, illnesses or medical conditions sustained by the Plaintiff, either prior to or subsequent to the date of this accident and, if so, set forth the nature of each and attach a copy of all medical records or other written documents relating thereto that are in possession of the Defendant. UNN-L-001731-23 05/31/2023 11:18:29 AM Pg16o0f25 Trans ID: LCV20231672328 S5. Does the Defendant or anyone in the Defendant’s behalf have possession of any medical records, reports, radiographs or diagnostic tests of any nature concerning the injuries sustained by the Plaintiffin this accident and, if so, attach a copy of each document that is in the possession of the Defendant. S6. Does the Defendant contend that the Plaintiff's injuries were caused by another accident or some other physical condition, disease or injury and, if so, set forth the nature of and attach a copy of all written documents relating hereto that are in the possession of the Defendant. UNN-L-001731-23 05/31/2023 11:18:29 AM Pg17o0f25 Trans ID: LCV20231672328 CERTIFICATION | hereby certify that the copies of the written reports or complete summaries or any oral reports of treating physicians or expert witnesses, annexed hereto, are exact copies of the entire written report or reports or complete summaries of any oral report or reports rendered by them; that the existence of other reports of treating physicians or expert witnesses either written or oral are unknown to me; and that if such reports become later known or available, | shall serve them promptly upon the propounding party, but in no case later than the time prescribed by the court rules. | hereby certify that the foregoing statements made by me are true. | am aware that if any of the foregoing statements made by me are willfully false, | am subject to punishment. , Defendant Dated: UNN-L-001731-23 05/31/2023 11:18:29 AM Pg18o0f25 Trans ID: LCV20231672328 DEMAND FOR PRODUCTION OF DOCUMENTS PLEASE TAKE NOTICE, that pursuant to Rule 4:18-1, we hereby request that Defendant Kenneth Younger, Roshea Younger, and Marie Louissaint to produce true and complete copies within thirty (30) days of service of this request, at Kemenczy Law, LLC, 175 Fairfield Avenue, Suite 3D, West Caldwell, NJ 07006, or at such other location as is reasonable and convenient for the parties, for examination and for copying, the documents, records and/or tangible things listed below that are within your actual or constructive possession, custody or control. DOCUMENTS TO PRODUCE 1. Any and all statements made prior to the date of filing of Plaintiff's complaint, by any party to this lawsuit, their agents, representatives or employees, whether written or oral. 2. Any and all statements made prior to the date of filing of Plaintiff's complaint, by any witness to the events described in any and all of the paragraphs of the cause of action. 3 Any and all statements made prior to the date of filing of Plaintiff's complaint, by any persons other than witnesses or parties which relates or refers in any way to the cause of action. 4. Any and all written reports rendered by Defendant’s proposed expert witnesses, including, but not limited to any medical expert witnesses intended or not intended to be called at the time of trial. 5 Any and all books, treaties, commentaries, reports, statutes, codes, ordinances, rules, regulation or other published documents referred to and utilized by or relied upon by any expert witness whom Defendant intends to call at trial. 6 Any and all blue prints, charts diagrams, drawing, graphs, maps, plats, plans, UNN-L-001731-23 05/31/2023 11:18:29 AM Pg19o0f25 Trans ID: LCV20231672328 photographs, models or other visual reproductions of any object, place or thing prepared or utilized by, referred to or relied upon by any expert witnesses whom Defendant intends to call at time of trial. 7 Acopy of any photographs or surveys of the scene of the accident or of any objects or persons involved therein whether in the possession of the attorney, or in the possession of any representatives of the insurance carriers, as well as photo static copies of any photographs taken of any damaged parts of any vehicle that may have been involved in the accident in question. 8 A copy of any and all written reports or summaries or oral reports, as well as a copy of the curriculum vitae, of any and all experts that have been supplied to Defendant’s attorneys, whose testimony will be offered at the time of trial in the above captioned matter. 9. All liability expert reports. If oral, supply a complete summary of same. 10. Copies of any statements obtained from any witnesses, any party to this action, any parties investigators, agents, servants or employees; if oral, supply a complete summary of same. uu, Copies of any and all medical reports and bills from treating, consulting or examining physicians of Plaintiff or Defendant. 12. Copies of any and all diagnostic tests, reports, summaries and bills relating to Plaintiff or Defendant. 13. Copies of any and all interrogatories and responses thereto propounded or received by or from the other party with regard to this action. 14. Provide a detailed summary and/or any supporting documents relating to or UNN-L-001731-23 05/31/2023 11:18:29 AM Pg 20o0f25 Trans ID: LCV20231672328 demonstrating any and all insurance policies which would cover any and all claims referred to in the Plaintiffs complaint. 15. Attach hereto copies of any and all documents demonstrating any and all benefits received of any kind and from any source to which the Plaintiff or Defendant were entitled as a result of the incident which is the subject of this lawsuit together with a summary or documents indicating benefits paid to date. 16. A complete copy of each and every document which Defendant may rely upon at the time of trial. 17. A complete copy of any and all expert reports in the possession of the Defendant regarding the subject matter of the lawsuit. 18. All documents not produced pursuant to the above that the Defendant may refer to at the time of trial, mark for identification or offer into evidence during the trial of this matter. 19. All documents referred to or identified in Defendants answer to interrogatories. 20. A copy of the insurance declaration page for each and every insurance policy mentioned in Defendant’s answer to interrogatories. 21. A copy of any and all contracts or agreements Defendant entered into with any other party named in this action which relates, refer or reflects the operation of Defendant’s business or the employment of any Defendant. 22. A copy of each and every document of other item obtained by subpoena which reflects, relates or refers to any named party or any other item at issue in this action. 23. A copy of each and every document or other item obtained with Plaintiff's authorization which reflects, relates or refers to any party named in this action. UNN-L-001731-23 05/31/2023 11:18:29 AM Pg 21of25 Trans ID: LCV20231672328 24. Statements concerning the action or subject matter previously made by the Defendant pursuant to R.4:10-2(c}. 25. The reports of any examining experts who have conducted an examination pursuant to R.4:10-2 whether or not said expert is expected to testify as per R.4:10-2. 26. All photographs in your possession which depicts the sites of the event and/or accident and/or persons and/or objects connected to the subject matter of the instant controversy. 27. Copies of all liability and/or damages expert reports in your possession of any person you may call at trial as an expert pursuant to R.4:2(d). 28. All other correspondence, memoranda, notes, diaries, photographs, videotapes or other documents not specifically requested above which refer or relate in any way to the incident. 23; Any and all literature, articles, textbooks and written material related to the opinions of your respective expert witness(es) in this action. 30. Any and all literature, articles, textbooks and written material upon which your respective expert witness(es): a relied in forming their opinion in this matter; b recognize as authorities or a standard authority, and/or; c recognize as trustworthy. 31, Any and all literature, articles textbooks, and written material upon which you may and/or will rely at time of trial or on the cross-examination of Defendant’s witnesses. 32. Your expert’s complete file that he/she accumulated in the course of formulating UNN-L-001731-23 05/31/2023 11:18:29 AM Pg 22 0f25 Trans ID: LCV20231672328 his/her opinion concerning the injuries sustained by Plaintiff including, but not limited to, the following: All written reports rendered relating to the injuries sustained by Plaintiff; All documents relief upon in arriving at the opinions contained in your expert’s written report(s); All correspondence and documents sent by counsel to your expert; All correspondence and documents sent by your expert to counsel; All drafts or written reports; All written summaries of oral reports; All notes of conversations concerning this matter; Your expert’s curriculum vitae. 33. A list of all lawsuits in which your expert has been consulted. 34, Any and all literature, articles or published material that your expert has authored or co-authored. 85. Any and all literature, articles, textbooks and other written material (as defined under the New Jersey Rules of Evidence) related to your expert’s opinions. 36. Any and all literature, articles, textbooks and other written material (as defined under the New Jersey Rules of Evidence) upon which you may and/or will rely during the course of this litigation up to and including time of trial. 37. Any and all reports made by any person concerning the subject matter of Plaintiff's Complaint. 38. All public records identifying Rigzby, including but not limited to: police reports UNN-L-001731-23 05/31/2023 11:18:29 AM Pg 23 0f25 Trans ID: LCV20231672328 and zoning officer records health Department records dog licensing records meniscal court records. 39. Any and all veterinarian records for Rigzby. 40. Any and all ownership records for Rigzby. LAW OFFICES OF JOHN L. KEMENCZY, LLC Attorney for Plaintiff, Zakia Days By HN L. KEMENCZ ES Dated: May 31, 2023 UNN-L-001731-23 05/31/2023 11:18:29 AM Pg 24o0f25 Trans ID: LCV20231672328 DEMAND FOR DISCOVERY OF INSURANCE COVERAGE Pursuant to R.4:10-2(b), the Plaintiff hereby demands that the Defendant provided the following information with respect to the existence and contents of any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment: 1 On the date of the accident, did the Defendant have a liability insurance policy and, if so, set forth the name of the insurance company, the policy number, the effective date, the policy limits and attached a copy of the Declaration page. 2. On the date of the accident, did the Defendant have any excess insurance liability coverage and, is so, set forth the name of the insurance company, the policy number, the effective date, the policy limits and attach a copy of the Declaration page. 3 On the date of the accident, were there any other insurance agreements of policies not otherwise provided above under which any person or firm carrying on an insurance business may be liable to satisfy part of all of a judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment and, if so, set forth the name of the insurance company, the policy number, the effective date, the policy limits and attach a copy of the Declaration page. UNN-L-001731-23 05/31/2023 11:18:29 AM Pg 25o0f25 Trans ID: LCV20231672328 | hereby certify, under penalty of law, that that information set forth above in response to Plaintiff's Demand for Discovery of Insurance Coverage is correct and that | will notify Plaintiff's attorney immediately if | obtain any additional information. , Defendant Dated: UNN-L-001731-23 05/31/2023 11:18:29AM Pglof1 Trans ID: LCV20231672328 Civil Case Information Statement Case Details: UNION | Ci | Part Docket# L-001731-23 Case Caption: DAYS ZAKIA VS YOUNGER KENNETH Case Type: PERSONAL INJURY Case Initiation Date: 05/31/2023 Document Type: Complaint with Jury Demand Attorney Name: JOHN L KEMENCZY Jury Demand: YES - 6 JURORS Firm Name: JOHN L KEMENCZY, LLC Is this a professional malpractice case? NO Address: 175 FAIRFIELD AVE STE 3D Related cases pending: NO WEST CALDWELL NJ 070066415 If yes, list docket numbers: Phone: 9733647700 Do you anticipate adding any parties (arising out of same Name of Party: PLAINTIFF : Days, Zakia transaction or occurrence)? NO Name of Defendant's Primary Insurance Company Does this case involve claims related to COVID-19? NO (if known): Unknown Are sexual abuse claims alleged by: Zakia Days? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? YES If yes, is that relationship: Friend/Neighbour Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO | certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 05/31/2023 /s/ JOHN L KEMENCZY Dated Signed