Preview
FILED: TOMPKINS COUNTY CLERK 01/08/2021 10:12 AM INDEX NO. EF2021-0016
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2021
CI2021-00321 Index # : EF2021-0016
STATE OF NEW YORK
SUPREME COURT: COUNTY OF TOMPKINS
CATHERINE STRAMBA, SUMMONS
Plaintiff, Index No.:
- vs. -
MICHAEL AYERS,
Defendants.
TOTHEABOVENAMEDDEFENDANT:
YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a
copy of your answer, or ifthe Complaint is not served with this Summons, to serve a
Notice of Appearance on Plaintiff's attorney within twenty days after service of this
Summons, exclusive of the day of service, or within thirty days after service is complete if
this Summons is not personally delivered to you within the State of New York. In case of
your failure to appear or answer, judgment will be taken against you for the relief
demanded in the Complaint.
The basis of the venue designated is that the action arose in Tompkins County, New
York State.
Dated:
Ithaca, New York
uciano L. Lama, Esq.
The Lama Law Firm, LLP
Attorneys for Plaintiff
2343 North Triphammer Road
Ithaca, New York 14850
Phone: (607) 275-3425
Fax: (607) 257-2602
Email: nino@lamalaw.com
TheLamaLaw
Firm,LLP
thac, NY 4
0
1 of 6
FILED: TOMPKINS COUNTY CLERK 01/08/2021 10:12 AM INDEX NO. EF2021-0016
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2021
Cl2021-00321 Index #: EF2021-0016
STATE OF NEW YORK
SUPREME COURT: COUNTY OF TOMPKINS
CATHERINE STRAMBA, COMPLAINT
Plaintiff, Index No.:
- vs.-
MICHAEL AYERS,
Defendants.
Plaintiff Catherine Stramba alleges the following in support of her complaint
against Defendant Michael Ayers:
PARTIES
1. Catherine Stramba (hereiñafter Plaintiff) is above the age of 65 years old and
resides in the city of Ithaca, New York. Plaintiff used a support walker to aid her
mobility prior to the incident.
2. Defendant, Michael Ayers, is above the age of 18 years old and resides in the city
of Freeville, New York.
COUNT I: NEGLIGENCE
3. Plaintiff restates and re-alleges paragraphs 1-2 as fully set forth herein and further
alleges that:
4. On or about May 15th, 2020, Plaintiff was a pedestrian walking in the proper
malmer through the parking lot with the aid of her support walker. Defendant failed
to look behind him as he backed up, his vehicle inevitably struck the Plaintiff to the
TheLamaLaw
Firm,LLP
2343N.Triphammer
Rd.
NY I4850
1thaca,
2 of 6
FILED: TOMPKINS COUNTY CLERK 01/08/2021 10:12 AM INDEX NO. EF2021-0016
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2021
Cl2021-00321 Index #: EF2021-0016
ground with force. Plaintiff has suffered months of anguish due to injuries caused
from Defendant.
5. From hitting the ground with such force, Plaintiff split her head causing a large
laceration clearly seen through her hairline.
6. Plaintiff's injuries sustained iñclude a serious concussica which caused chronic
migraine headaches, neck pain, and stiffness.
7. The incident has spiked chronic degenerative changes showing posterior disc
bulges in the Plaintiff's C3-4, C4-5, and C5-6 vertebrae as well as heightened
parenthesia of both hands. These injuries are almost certainly permanent.
8. Defendet had a duty to act reaconably and use due care while driving. Defendant
had a duty to pay attention to traffic, to iñaiñtain a proper lookout, to observe
surrcündiñg conditions, to be alert for pedestrians, and to back out slowly.
9. Solely as a result of the failure of the Defendants to properly adhere to itsduties,
Plaintiff suffered significant damages.
10. It was likely, and foreseeable that if the Defendant breached the above-enumerated
duties to Plaintiff, there would be an accident and the Plaintiff would be seriously
injured, and, in fact, as a direct and foreseeable result of Defendant's breach of said
duties, Plaintiff suffered serious injuries, causing Plaintiff excruciatiñg pain, mental
anguish, suffering and disability, ongoing to this day.
11. No injury between Plaintiff and Defendant would have occurred but for
Defendant's said ñegligence, and failure to exercise reasonable care in operating his
vehicle.
TheLamaLaw
Firm,LLP
2343N.Triphammer
Rd.
Ithaca,NY 14850
3 of 6
FILED: TOMPKINS COUNTY CLERK 01/08/2021 10:12 AM INDEX NO. EF2021-0016
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2021
Cl2021-00321 Index #: EF2021-0016
12. Defeñdet failed to property adhere to the reasonable degree of care, thereby
seriously injuring Plaintiff.
_C_QUNT H: NEGLIGENCE PER SE
13. Plaintiff restates and re-alleges paragraphs 1-12 as fully set forth herein and further
alleges that:
14. New York Vehicle and Traffic § 1162 states, inter alia, "No person shall move a
vehicle which is stopped, stañdiñg, or parked unless and until such movement can
safety."
be made with reasonable
15. New York Vehicle & Traffic Law § 1211 states, inter alia, "The driver of a vehicle
shall not back the same unless such movement can be made with safety and without
traffic."
interfering with other
"traffic"
16. Pursuant to New York Vehicle & Traffic Law § 152, the term constitutes a
protected class of "pedestrians, ridden or herded animals, vehicles, bicycles, and
other conveyances either singly or together while using any highway for purposes
travel."
of
17. The intent of such statues is to certainly prevent bodily injury, to the protected class
of pedestrians, from the actions of an automobilist.
18. Upon information and belief, Defendant had certain knowledge of such specific
statues as a licensed driver.
19. As a direct, proximate, immediate and foreseeable result of the Defendant's
conduct, he violated such statüês and is responsible for the Plaintiff's injuries.
TheLamaLaw
Firm,LLP
2343N.Triphammer
Rd.
Ithaca,NY 14850
4 of 6
FILED: TOMPKINS COUNTY CLERK 01/08/2021 10:12 AM INDEX NO. EF2021-0016
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2021
Cl2021-00321 Index #: EF2021-0016
PRAYER
WHEREFORE, Plaintiff requests that judgment be entered against the defendant and in
favor of Plaintiff as follows:
1. For actual and Special Damages; and
2. For future and actual and Special Damages; and
3. Punitive Damages; and
4. The costs of this action; and
5. Any other legal or equitable relief to which Plaintiff may be entitled.
Dated:
Ithaca, New York
Respectfully Submitted,
Luciano L. Lama, Esq.
The Lama Law Firm, LLP
Attorneys for Plaintiff
2343 North Triphammer Road
Ithaca, New York 14850
Phone: (607) 275-3425
Fax: (607) 257-2602
Email: nino@lamalaw.com
TheLamaLaw
Firm,LLP
2343N.Triphammer
Rd.
NY 14850
1thaca,
5 of 6
FILED: TOMPKINS COUNTY CLERK 01/08/2021 10:12 AM INDEX NO. EF2021-0016
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2021
Cl2021-00321 Index #: EF2021-0016
VERIFICATION
STATE OF NEW YORK }
COUNTY OF TOMPKINS } ss.:
Catherine Stramba, being duly sworn, deposes and says; that I am the Petitioner in the
within proceeding, that I have read the foregoing Summons and Complaint and know the
contents thereof and the same are true to my own knowledge, except as to the matters therein
stated to be alleged upon information and belief, and as to those matters I believe them to be true.
Catherine Stramba
Sworn to ore nie, a. otary Public,
on this day of E (_, 2021.
LUCIANO L LAMA
Notary Public, State ofNew York
No. 02LA5024245
Qualified In Tcmpk!ne County
Comm!ee!en Ex Iros March 07,2022
6 of 6
Preview
FILED: TOMPKINS COUNTY CLERK 01/08/2021 10:12 AM INDEX NO. EF2021-0016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2021 CI2021-00321 Index # : EF2021-0016 STATE OF NEW YORK SUPREME COURT: COUNTY OF TOMPKINS CATHERINE STRAMBA, SUMMONS Plaintiff, Index No.: - vs. - MICHAEL AYERS, Defendants. TOTHEABOVENAMEDDEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or ifthe Complaint is not served with this Summons, to serve a Notice of Appearance on Plaintiff's attorney within twenty days after service of this Summons, exclusive of the day of service, or within thirty days after service is complete if this Summons is not personally delivered to you within the State of New York. In case of your failure to appear or answer, judgment will be taken against you for the relief demanded in the Complaint. The basis of the venue designated is that the action arose in Tompkins County, New York State. Dated: Ithaca, New York uciano L. Lama, Esq. The Lama Law Firm, LLP Attorneys for Plaintiff 2343 North Triphammer Road Ithaca, New York 14850 Phone: (607) 275-3425 Fax: (607) 257-2602 Email: nino@lamalaw.com TheLamaLaw Firm,LLP thac, NY 4 0 1 of 6 FILED: TOMPKINS COUNTY CLERK 01/08/2021 10:12 AM INDEX NO. EF2021-0016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2021 Cl2021-00321 Index #: EF2021-0016 STATE OF NEW YORK SUPREME COURT: COUNTY OF TOMPKINS CATHERINE STRAMBA, COMPLAINT Plaintiff, Index No.: - vs.- MICHAEL AYERS, Defendants. Plaintiff Catherine Stramba alleges the following in support of her complaint against Defendant Michael Ayers: PARTIES 1. Catherine Stramba (hereiñafter Plaintiff) is above the age of 65 years old and resides in the city of Ithaca, New York. Plaintiff used a support walker to aid her mobility prior to the incident. 2. Defendant, Michael Ayers, is above the age of 18 years old and resides in the city of Freeville, New York. COUNT I: NEGLIGENCE 3. Plaintiff restates and re-alleges paragraphs 1-2 as fully set forth herein and further alleges that: 4. On or about May 15th, 2020, Plaintiff was a pedestrian walking in the proper malmer through the parking lot with the aid of her support walker. Defendant failed to look behind him as he backed up, his vehicle inevitably struck the Plaintiff to the TheLamaLaw Firm,LLP 2343N.Triphammer Rd. NY I4850 1thaca, 2 of 6 FILED: TOMPKINS COUNTY CLERK 01/08/2021 10:12 AM INDEX NO. EF2021-0016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2021 Cl2021-00321 Index #: EF2021-0016 ground with force. Plaintiff has suffered months of anguish due to injuries caused from Defendant. 5. From hitting the ground with such force, Plaintiff split her head causing a large laceration clearly seen through her hairline. 6. Plaintiff's injuries sustained iñclude a serious concussica which caused chronic migraine headaches, neck pain, and stiffness. 7. The incident has spiked chronic degenerative changes showing posterior disc bulges in the Plaintiff's C3-4, C4-5, and C5-6 vertebrae as well as heightened parenthesia of both hands. These injuries are almost certainly permanent. 8. Defendet had a duty to act reaconably and use due care while driving. Defendant had a duty to pay attention to traffic, to iñaiñtain a proper lookout, to observe surrcündiñg conditions, to be alert for pedestrians, and to back out slowly. 9. Solely as a result of the failure of the Defendants to properly adhere to itsduties, Plaintiff suffered significant damages. 10. It was likely, and foreseeable that if the Defendant breached the above-enumerated duties to Plaintiff, there would be an accident and the Plaintiff would be seriously injured, and, in fact, as a direct and foreseeable result of Defendant's breach of said duties, Plaintiff suffered serious injuries, causing Plaintiff excruciatiñg pain, mental anguish, suffering and disability, ongoing to this day. 11. No injury between Plaintiff and Defendant would have occurred but for Defendant's said ñegligence, and failure to exercise reasonable care in operating his vehicle. TheLamaLaw Firm,LLP 2343N.Triphammer Rd. Ithaca,NY 14850 3 of 6 FILED: TOMPKINS COUNTY CLERK 01/08/2021 10:12 AM INDEX NO. EF2021-0016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2021 Cl2021-00321 Index #: EF2021-0016 12. Defeñdet failed to property adhere to the reasonable degree of care, thereby seriously injuring Plaintiff. _C_QUNT H: NEGLIGENCE PER SE 13. Plaintiff restates and re-alleges paragraphs 1-12 as fully set forth herein and further alleges that: 14. New York Vehicle and Traffic § 1162 states, inter alia, "No person shall move a vehicle which is stopped, stañdiñg, or parked unless and until such movement can safety." be made with reasonable 15. New York Vehicle & Traffic Law § 1211 states, inter alia, "The driver of a vehicle shall not back the same unless such movement can be made with safety and without traffic." interfering with other "traffic" 16. Pursuant to New York Vehicle & Traffic Law § 152, the term constitutes a protected class of "pedestrians, ridden or herded animals, vehicles, bicycles, and other conveyances either singly or together while using any highway for purposes travel." of 17. The intent of such statues is to certainly prevent bodily injury, to the protected class of pedestrians, from the actions of an automobilist. 18. Upon information and belief, Defendant had certain knowledge of such specific statues as a licensed driver. 19. As a direct, proximate, immediate and foreseeable result of the Defendant's conduct, he violated such statüês and is responsible for the Plaintiff's injuries. TheLamaLaw Firm,LLP 2343N.Triphammer Rd. Ithaca,NY 14850 4 of 6 FILED: TOMPKINS COUNTY CLERK 01/08/2021 10:12 AM INDEX NO. EF2021-0016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2021 Cl2021-00321 Index #: EF2021-0016 PRAYER WHEREFORE, Plaintiff requests that judgment be entered against the defendant and in favor of Plaintiff as follows: 1. For actual and Special Damages; and 2. For future and actual and Special Damages; and 3. Punitive Damages; and 4. The costs of this action; and 5. Any other legal or equitable relief to which Plaintiff may be entitled. Dated: Ithaca, New York Respectfully Submitted, Luciano L. Lama, Esq. The Lama Law Firm, LLP Attorneys for Plaintiff 2343 North Triphammer Road Ithaca, New York 14850 Phone: (607) 275-3425 Fax: (607) 257-2602 Email: nino@lamalaw.com TheLamaLaw Firm,LLP 2343N.Triphammer Rd. NY 14850 1thaca, 5 of 6 FILED: TOMPKINS COUNTY CLERK 01/08/2021 10:12 AM INDEX NO. EF2021-0016 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 01/08/2021 Cl2021-00321 Index #: EF2021-0016 VERIFICATION STATE OF NEW YORK } COUNTY OF TOMPKINS } ss.: Catherine Stramba, being duly sworn, deposes and says; that I am the Petitioner in the within proceeding, that I have read the foregoing Summons and Complaint and know the contents thereof and the same are true to my own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters I believe them to be true. Catherine Stramba Sworn to ore nie, a. otary Public, on this day of E (_, 2021. LUCIANO L LAMA Notary Public, State ofNew York No. 02LA5024245 Qualified In Tcmpk!ne County Comm!ee!en Ex Iros March 07,2022 6 of 6