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02D03-2304-CT-000285 Filed: 4/19/2023 4:21 PM
Clerk
Allen Superior Court 3 Allen County, Indiana
BB
STATE OF INDIANA } IN THE ALLEN SUPERIOR COURT
} S S:
COUNTY OF ALLEN } CAUSE NO.:
MISHA'LE A. NAGEL }
}
Plaintift",
-Vs _
}
}
JACK E. HINKSON }
Defendant. }
COMPLAINT FOR DAMAGES AND JURY DEMAND
Comes 110W MISHA'LE A. NAGEL (hereinafter "Misha'le"), by counsel, Robert
J. Boughter and Kenneth J. Sinak of BOUGHTER SINAK, LLC and for her cause of
action against the Defendant, JACK E. HINKSON, (hereinafier "Defendant" , alleges
and states as follows:
GENERAL NEGLIGENCE
1. On November 12, 2021, Defendant Jack E. Hinkson resided at 5312
Hoagland Avenue, Fort Wayne, IN 46807, County of Allen.
2. On November 12, 2021, the Defendant owed a duty to Misha'le and others
on the Indiana roadways to operate his motor vehicle in a reasonably safe and prudent
manner. Notwithstanding, the Defendant breached this duty by, inter alia, failing to keep
a proper lookout, failing to maintain control of his vehicle, and failing to yield to traffic,
instead suddenly and without warning driving his vehicle into the path of Misha'le's
vehicle thereby causing a violent and forcefi11 collision, all of which occurred on West
Paulding Road at the intersection of South Harrison Street in Fort Wayne, IN, County of
Allen.
3. At the time of the subject collision, Misha'le had the right-of-way, was
operating her vehicle in a safe and prudent manner, and she bears no fault for the subject
collision.
4. As a direct and proximate result of the subject collision, occasioned by the
Defendant's negligence, Misha'le suffered personal injuries; incurred and will incur
hospital, diagnostic, therapeutic, pharmaceutical, psychological, and other medical
eXpenses; suffered and will continue to suffer physical pain, mental suffering, loss of
enjoyment of life, lost wages, out of pocket expenses and other injuries and damages of a
personal and pecuniary nature.
5. Venue is proper in Allen County pursuant to Trial Rule 75 (A)(3), which
provides that venue is proper in the county where the collision occurred, if the Complaint
includes a claim for personal injuries.
WHEREFORE, MISHA'LE A. NAGEL, by counsel, Robert J. Boughter and
Kenneth J. Sinak of BOUGHTER SINAK, LLC prays for judgment against the
Defendant, JACK E. HINKSON, in an amount sufficient to compensate her for her
injuries and damages, for the costs of this action, and for all other just and proper relief in
the premises.
2
Respectfully submitted,
BOUGHTER SINAK, LLC
Robert J. Boughter, #23512-53
Kenneth J. Sinak, #308 5 7-02
5150 West Jefferson Boulevard
Fort Wayne, Indiana 46804
Tel: 260-420-4878
Fax: 260-420-0600
Attorneys for Plaintifj'
JURY DEMAND
Comes now the Plaintiff, by counsel, Robert J. Boughter and Kenneth J. Sinak of
BOUGHTER SINAK, LLC and demands trial by jury against the Defendant on all
issues set forth in this cause of action.
Respectfully submitted,
BOUGHTER SINAK, LLC
Robert J. Boughter, #2351253
Kenneth J. Sinak, #308 5 7-02
5150 West Jefferson Boulevard
Fort Wayne, Indiana 46804
Tel: 260-420-4878
Fax: 2604200600
Attorneys for Plaintifl
Preview
02D03-2304-CT-000285 Filed: 4/19/2023 4:21 PM Clerk Allen Superior Court 3 Allen County, Indiana BB STATE OF INDIANA } IN THE ALLEN SUPERIOR COURT } S S: COUNTY OF ALLEN } CAUSE NO.: MISHA'LE A. NAGEL } } Plaintift", -Vs _ } } JACK E. HINKSON } Defendant. } COMPLAINT FOR DAMAGES AND JURY DEMAND Comes 110W MISHA'LE A. NAGEL (hereinafter "Misha'le"), by counsel, Robert J. Boughter and Kenneth J. Sinak of BOUGHTER SINAK, LLC and for her cause of action against the Defendant, JACK E. HINKSON, (hereinafier "Defendant" , alleges and states as follows: GENERAL NEGLIGENCE 1. On November 12, 2021, Defendant Jack E. Hinkson resided at 5312 Hoagland Avenue, Fort Wayne, IN 46807, County of Allen. 2. On November 12, 2021, the Defendant owed a duty to Misha'le and others on the Indiana roadways to operate his motor vehicle in a reasonably safe and prudent manner. Notwithstanding, the Defendant breached this duty by, inter alia, failing to keep a proper lookout, failing to maintain control of his vehicle, and failing to yield to traffic, instead suddenly and without warning driving his vehicle into the path of Misha'le's vehicle thereby causing a violent and forcefi11 collision, all of which occurred on West Paulding Road at the intersection of South Harrison Street in Fort Wayne, IN, County of Allen. 3. At the time of the subject collision, Misha'le had the right-of-way, was operating her vehicle in a safe and prudent manner, and she bears no fault for the subject collision. 4. As a direct and proximate result of the subject collision, occasioned by the Defendant's negligence, Misha'le suffered personal injuries; incurred and will incur hospital, diagnostic, therapeutic, pharmaceutical, psychological, and other medical eXpenses; suffered and will continue to suffer physical pain, mental suffering, loss of enjoyment of life, lost wages, out of pocket expenses and other injuries and damages of a personal and pecuniary nature. 5. Venue is proper in Allen County pursuant to Trial Rule 75 (A)(3), which provides that venue is proper in the county where the collision occurred, if the Complaint includes a claim for personal injuries. WHEREFORE, MISHA'LE A. NAGEL, by counsel, Robert J. Boughter and Kenneth J. Sinak of BOUGHTER SINAK, LLC prays for judgment against the Defendant, JACK E. HINKSON, in an amount sufficient to compensate her for her injuries and damages, for the costs of this action, and for all other just and proper relief in the premises. 2 Respectfully submitted, BOUGHTER SINAK, LLC Robert J. Boughter, #23512-53 Kenneth J. Sinak, #308 5 7-02 5150 West Jefferson Boulevard Fort Wayne, Indiana 46804 Tel: 260-420-4878 Fax: 260-420-0600 Attorneys for Plaintifj' JURY DEMAND Comes now the Plaintiff, by counsel, Robert J. Boughter and Kenneth J. Sinak of BOUGHTER SINAK, LLC and demands trial by jury against the Defendant on all issues set forth in this cause of action. Respectfully submitted, BOUGHTER SINAK, LLC Robert J. Boughter, #2351253 Kenneth J. Sinak, #308 5 7-02 5150 West Jefferson Boulevard Fort Wayne, Indiana 46804 Tel: 260-420-4878 Fax: 2604200600 Attorneys for Plaintifl