STATE OF WISCONSIN CIRCUIT COURT OCONTO COUNTY

BRANCH I

Janice Kahn

507 Congress Street

Oconto, WI 54153

Plaintiff Case No. 02CV

v. Personal Injury: 30107

Ronnie Randall

417 Brazeau Avenue

Oconto, WI 54153

Defendant

________________________________________________________________________ COMPLAINT

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Plaintiff, Janice Kahn, by her attorney, Christina Wilde, Wilde Law Firm, alleges:

Plaintiff Janice Kahn, hereinafter referred to as Plaintiff, is an adult who resides at 507 Congress Street, Oconto County, Oconto, WI 54153.

2. Defendant Ronnie Randall hereinafter referred to as Defendant, upon information and belief, is an adult who resides at 417 Brazeau Avenue, Oconto County, Oconto, WI 54153.

3. On June 1, 2000, at approximately 5:00 p.m., it was a clear and bright day.

4. At approximately 5:00 p.m., on June 1, 2000, the defendant drove down the 500 block of Congress Street.

5. At approximately 5:00 p.m., on June 1, 2000, Defendant drove his vehicle into the plaintiff’s son, Xavier, who was playing in the street on the 500 block of Congress Street.

6. On May 18, 2000, Defendant was charged with drunk driving and had his license suspended after the vehicle he was driving struck a different child in the vicinity of the 500 block of Congress Street.

7. Immediately after the incident on June 1 2000, defendant gave officer Jacquart permission to do a breathalyzer.

8. Defendant’s breathalyzer test verified his blood-alcohol level at .11.

9. As a result of the breathalyzer test, the defendant was cited for drunk driving and driving with a suspended license.

10. Following the incident, several witnesses verify that the defendant was upset and wobbled when he walked.

11. One witness stated that the defendant intentionally turned the steering wheel to hit the plaintiff’s son.

12. Defendant has a known history of driving under the influence.

13. As a result of this incident, the plaintiff’s son had several broken bones, and was unable to participate in many summer related activities.

14. Xavier is still in pain, both physically and emotionally.

15. Plaintiff’s minor child, Xavier, has incurred hospitalization and other medical care exceeding $75,000.

16. Plaintiff vomits daily and has nightmares as a result of this incident.

Plaintiff and Defendant were in an intimate relationship together for 10 years, until the Plaintiff terminated said relationship.

FIRST CLAIM

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS

Plaintiff reincorporates paragraphs 1 – 17 of her complaint as though fully set forth herein.

The defendant’s conduct was intended to cause emotional distress.

20. The defendant’s conduct was extreme and outrageous.

21. The defendant’s conduct was a cause of the plaintiff’s emotional distress.

22. The emotional distress the plaintiff suffered was extreme and disabling.

SECOND CLAIM

NEGLIGENT INFLICTION OF SEVERE EMOTIONAL DISTRESS (BYSTANDER)

23. Plaintiff reincorporates paragraphs 1 – 22 of her complaint as though fully set forth herein.

24. The plaintiff suffered severe emotional distress.

25. The plaintiff’s emotional distress was caused by the defendant’s negligence in the underlying incident.

WHEREFORE, Plaintiff demands judgment against Defendant for:

Punitive damages;

Compensatory damages;

Future damages;

Costs of this action;

Attorney fees;

Such further relief as may be appropriate.

Dated: This ____ day of ___________ in the year of __________.

_______________________________

Christina Wilde

State Bar No. 8675309

Wilde Law firm

1234 Main Street

Oconto, WI 54153

(920) 834-2757