Motion for Summary Judgment
STATE OF NEW JERSEY
IN COUNTY COURT
) SS:
COUNTY OF Camden
HADDONFIELD, NEW JERSEY
Dana Marsh,
Plaintiffs
Cause No.: 45G01-0604-CT-00025
Herbert Killington,
A1 Delivery Service, Inc.,
Defendant
MOTION FOR SUMMARY JUDGMENT
The Plaintiff, Dana Marsh, by her attorney, Will Bendt Move for summary Judgment against Defendant pursuant to Indiana Trial Rule, Rule 56 and as grounds for this motion, states follows:
The pleadings, exhibits and affidavits on file show that there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.
Defendant, A1 Delivery Service, Inc. is a New Jersey corporation, doing business in the state of New Jersey. The address of its principal place of business is Haddon, New Jersey. (A1 Delivery Service, Inc. Affidavit, Mar. 4, 2013, p.2, ¶ 4.)
Dana Marsh lives in New Jersey. Thereby, granting Jurisdiction to the Camden County Court System. (Dana Marsh Affidavit, Mar. 3, 2013, p.3, ¶ 4.)
On April, 26, 2006, A1 Delivery Service, Inc. made a delivery to Mrs. Marsh house at 323 Garfield Lane, Haddonfield, New Jersey. (A1 Delivery Service, Inc. Deposition, Feb. 14, 2013, p.5.)
Herbert Killington was acting as an agent for A1 Delivery Services, Inc. on April 26, 2006 during the delivery to Mrs. Marsh. (Herbert Killington Interrogatories, Feb. 6, 2013, q.5.)
During the delivery to Mrs. Dana Marshs house, Mr. Herbert Killington drank a fifth of vodka. (Herbert (Herbert Killington Deposition, Feb. 12, 2013, p.10.)
Herbert Killington saw the cat sitting under the drivers side front tire and proceeded to back the truck out of the driveway. (Herbert Killington Deposition, Feb. 12, 2013, p.4.)
As Herbert Killington was backing out of the driveway, he knowingly and negligently drove over Mrs. Marshs cat, Buttons. (Herbert Killington Deposition, Feb. 12, 2013, p.2.)
Buttons, the cat, was killed during the incident. (Donna Neighbor Deposition, Feb. 1, 2013, p.2.)
CONCLUSION
WHEREFORE, pursuant to Rule 56, the Plaintiff, Dana Marsh, requests that this court