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FIRST JUDICIAL DISTRICT COURT COUNTY OF SANTA FE STATE OF NEW MEXICO Cause No: D101CV201800799 CASE ASSIGNED TO SHAFFER, GREGORY S. BARBARA JIMENEZ, Plaintiff vs. DAVID PONCE, Defendant COMPLAINT FOR DAMAGES AND PERSONAL INJURIES COMES NOW, Plaintiff, Barbara Jimenez, by and through her attorney, Daniel R. Marlowe and for her complaint against Defendant, David Ponce, she alleges as follows: JURISDICTION AND VENUE 1. The Plaintiff Barbara Jimenez, is an all times material hereto, has been a resident of the City of Santa Fe in Santa Fe County, State of New Mexico. 2. The Defendant, David Ponce, was, at all times material hereto, a resident of the City of Albuquerque, the County of Bernalillo, State of New Mexico. 3. The incident that gave rise to Plaintiff's claims occurred in the City of Santa Fe, Santa Fe. MATERIAL FACTS 4. On May 10, 2015 at approximately 1709 hours, Plaintiff was operating a 2015 Hyundai, Lic # HSB 725, driving South on State Road 14. 5. Plaintiff's Hyundai was proceeding in a Southern direction when Vehicle 2, the red pickup truck turned illegally and carelessly from the Southern direction of traffic to the Northern lane of traffic. 6. Plaintiff observed that Mr. Ponce did not appear to see her and that he drove into the passenger side of the her 2015 Hyundai. Pushing her all the way across state Road 14 to the north bound shoulder of state road 14. The police report describes the front end damage to the Red Truck (v1) as heavy front end damage. Plaintiff was traveling approximately 40 MPH. 7. The damage to Plaintiff's car was described as moderate. As it turned out plaintiff's vehicle sustained severe damage and loss of value. 8. The driver of the red truck admitted he did not see Plaintiff's vehicle. 9. Defendant was cited for careless driving and failure to yield to on coming traffic. 10. As a direct and proximate result of the high impact crash caused by the negligent action of Defendant, and his reckless disregard for the safety of Plaintiff, Plaintiff was injured and has suffered pain and suffering, injury to her back and extensive property damage, medical damages and treatment expenses, all in an amount as shall be proven at trial. WHEREFORE, Plaintiff prays for an award of damages against the Defendant in an amount of actual Damages to be proven at trial, for an award of pain and suffering due to physical injury, and costs of treatment, and for any lost wages caused to Plaintiff as a result of Defendant's actions, and for property damages and devaluation of her vehicle as a result of this motor vehicle crash and for such other relief to Plaintiff as to the Court Deems mete and just in the premises. NEGLIGENCE 11. Plaintiff incorporates and re-alleges allegations in Paragraphs 1 through 10 into this claim. 12. Defendant had a duty to operate his vehicle in conformance with the law and in a manner that was not negligent and in a safe and careful manner to protect citizens using the roadways. 13. Defendant breached that duty by driving his vehicle in a negligent manner and caused the complained of injuries. 14. As a direct and proximate result of Defendant's negligence Plaintiff suffered medical damages, treatment and rehabilitation costs, property damages, damages for pain and suffering, lost wages, and emotional distress, costs of bringing this to suit and in an additional amount as shall be proven at trial. WHEREFORE, Plaintiff prays for an award of damages against Defendant for: A. The amount of actual damages to be proven at trial; B. For an award of pain and suffering; C. For an award of property damages including the devaluation of her vehicle and costs in bringing this suit; D. And for such other relief to the Plaintiff as to the Court deems mete and just in the premises. Respectfully submitted: /s/ Daniel R. Marlowe DANIEL R. MARLOWE Attorney for Plaintiff THE MARLOWE LAW FIRM 1640 Old Santa Fe Trail #A P.O. Box 8207 Santa Fe, New Mexico 87507 505.988.1144 dan@danmarlowelaw.com Journal: September 11, 18, 25, 2019 Left-red    Print Legal   Email-red   Published on: Wed September 11, 2019