RET. 3RD TUESDAY, JULY 2013 KENNETH R. JORDAN, SR.

AND KIMBERLY BARBERA-SPENCER, CO-ADMINISTRATORS OF THE ESTATE OF KOREY F. JORDAN VS. MANUEL J. ESTEVES, JOSEPH FERACA, AND JORDAN BALLOLLI

SUPERIOR COURT

: : :

J.D. OF WATERBURY AT WATERBURY JUNE 11, 2013

COMPLAINT FIRST COUNT: (NEGLIGENCE - As to the Defendant, MANUEL J. ESTEVES) 1. On December 3, 2012, KENNETH R. JORDAN, SR., and

KIMBERLY BARBERA-SPENCER, were duly appointed by the Court of Probate, District of Naugatuck, as Co-Administrators of the

Estate of Korey F. Jordan, deceased, and brings this claim in their capacity as Co-Administrators of said Estate. 2. The subject cause of action is brought pursuant to

Connecticut General Statutes 52-555. 3. On or about October 31, 2012, at approximately 1:07

a.m., the Defendant, MANUEL J. ESTEVES, was operating his 1991 Honda Civic hatchback vehicle in a northerly direction on South Main Street, a public highway, in Seymour, Connecticut.

4.

The

decedent,

Korey

F.

Jordan

was

front

seat

passenger in the Defendant, ESTEVES vehicle. 5. JOSEPH On the same date, and at the same time, the Defendant, FERACA, was also operating a vehicle in a northerly

directly on South Main Street, directly behind and to the rear of the Defendant, MANUEL J. ESTEVES vehicle. 6. At all times mentioned herein, the vehicle operated by

the Defendant, JOSEPH FERACA, was owned by the Defendant, JORDAN BALLOLLI, and at the above time and place, it was being operated by the Defendant, JOSEPH FERACA, with his permission and/or

under his general authority to drive it as her agent, servant and/or employee. 7. As the Defendant, MANUEL J. ESTEVES was operating his

vehicle, as aforesaid, he was racing his vehicle against the vehicle driven by the Defendant, JOSESPH FERACA, and thereby negligently and carelessly lost control of his vehicle whereupon it left the travel portion of South Main Street and was caused to violently crash into a utility pole head-on resulting in fatal injuries to the Plaintiffs decedent, Korey F. Jordan.

8.

The Plaintiffs decedents injuries were caused by the

negligence and carelessness of the Defendant, MANUEL J. ESTEVES, in one or more of the following ways: (a) in that he violated the provisions of Connecticut

General Statutes 14-227a by operating said motor vehicle while under the influence of liquor, drugs and/or other controlled substances, when he knew or should have known that such conduct was reckless and would endanger the lives of his passengers, and which did take the life of the Plaintiffs decedent; (b) in that he violated the provisions of Connecticut 14-224(c) by racing his vehicle with the

General Statutes

vehicle driven by the defendant, JOSEPH FERACA, and intending said vehicle to race; (c) in that he violated the provisions of Connecticut

General Statutes 14-218a by operating said motor vehicle at an unreasonable rate of speed having due regard for the width, traffic and use of said highway; (d) General in that he violated the provisions of Connecticut 14-230 by failing to operate said motor

Statutes

vehicle on the right side of the road;

(e)

in that he violated the provisions of Connecticut

General Statutes 14-236 by failing to drive said motor vehicle in his designated lane of travel; (f) in that he was inattentive and failed to keep a

proper lookout ahead of him; (g) in that he failed to keep his vehicle under

reasonable and proper control; (h) in that he failed to stop and/or turn his vehicle

so as to avoid its collision with the utility pole; and, (i) in that he did not have upon said automobile

brakes adequate and sufficient to slow or stop it in violation of violated the provisions of Connecticut General Statutes 1480; and /or he failed to apply his brakes reasonably and in time to avoid said collision when he could have or should have done so in the exercise of reasonable care.

9.

As

result

of

the

Defendant,

MANUEL

J.

ESTEVES

negligence and carelessness, the Plaintiffs' decedent, Korey F. Jordan, suffered fear of impending injury and death, conscious

pain

and

suffering,

multiple

fractures

to

his

entire

body,

traumatic hemorrhaging and death itself. 10. As a further result of the Defendants negligence and

carelessness, the capacity of the Plaintiffs decedent, KOREY F. JORDAN, to earn wages, enjoy life and carry out lifes

activities has been permanently destroyed. 11. As a further result of the Defendants negligence and the decedents Estate has incurred medical,

carelessness,

funeral and burial expenses and claims for expenses so incurred have been duly presented to the Co-Administrators of the Estate.

SECOND COUNT: ESTEVES)

(RECKLESSESS

As to the Defendant, MANUEL J.

1-6. Paragraphs 1 through 6, inclusive, of the First Count are hereby incorporated as paragraphs 1 through 6, inclusive, of the Second Count. 7. As the Defendant was operating his vehicle, as

aforesaid, he recklessly and in wanton disregard for the safety of his passengers, including the Plaintiffs decedent, lost

control of the vehicle whereupon it left the travel portion of

South

Main

Street

and

was

caused

to in

violently fatal

crash

into to

utility

pole

head-on

resulting

injuries

the

Plaintiffs decedent, Korey F. Jordan. 8. The Plaintiffs decedents injuries were caused by the

recklessness of the Defendant, MANUEL J. ESTEVES, in one or more of the following ways: (a) in that he violated the provisions of Connecticut

General Statutes 14-219(a)(1) by operating said motor vehicle as such a rate of speed so as to endanger the life of his passengers, vehicle; (b) in that he violated the provisions of Connecticut including the Plaintiffs decedent, of his motor

General Statutes 14-219(a)(2) by operating said motor vehicle at a rate of speed greater than the posted speed limit and greater than the speed limit posted on Connecticut highways; (c) in that he violated the provisions of Connecticut

General Statutes 14-222 by operating said motor vehicle in a reckless and dangerous manner having regard to the width,

traffic and use of said highway and its conditions;

(d)

in that he violated the provisions of Connecticut 14-224(c) by racing his vehicle with the

General Statutes

vehicle driven by the Defendant, JOSEPH FERACA, and intending said vehicle to race; (e) in that he violated the provisions of Connecticut

General Statutes 14-227a by operating said motor vehicle while under the influence of liquor, drugs and/or other controlled substances, when he knew or should have known that such conduct was reckless and would endanger the lives of his passengers, and which did take the life of the Plaintiffs decedent; (f) in that he violated the provisions of Connecticut

General Statutes 14-240a by following the Feraca vehicle more closely than is reasonable and prudent having regard for the speed of such vehicle, the traffic upon and the condition of the highway, weather conditions, with the intent to harass and/or intimidate the driver of the Feraca vehicle; and, (g) in that under all circumstances then and there

existing acted in complete reckless and wanton disregard for the lives of the other passengers in his vehicle while operating his motor vehicle.

9.

The injuries and damages suffered by the Plaintiffs

decedent were the result of the recklessness of the Defendant in that he deliberately or with reckless disregard operated his automobile at an unreasonable, improper and excessive rate of speed having regard to the curves, width, traffic and use of said highway and the intersection of said streets and weather conditions then and there existing in violation of 14-218a and/or 14-222 of the violated the provisions of Connecticut General Statutes decedents safety. 10. As a result the of the defendant, decedent, MANUEL Korey J. F. ESTEVES Jordan, death which was a substantial factor in causing the in reckless disregard for the decedents

recklessness,

Plaintiffs'

suffered fear of impending injury and death, conscious pain and suffering, multiple fractures to his entire body, traumatic

hemorrhaging and death itself. 11. As a further result of the Defendants recklessness,

the capacity of the Plaintiffs decedent, Korey F. Jordan, to earn wages, enjoy life and carry out lifes activities have been permanently destroyed.

12.

As a further result of the Defendants recklessness,

the decedents Estate has incurred medical, funeral and burial expenses and claims for expenses so incurred have been duly presented to the Co-Administrators of the Estate.

THIRD COUNT: (NEGLIGENCE - As to the Defendants, JOSEPH FERACA AND JORDAN BALLOLLI) 1-6. Paragraphs 1 through 6, inclusive, of the First Count are hereby incorporated as paragraphs 1 through 6, inclusive, of the Third Count. 7. Defendant, As the JORDAN Defendant, BALLOLLIs JOSEPH FERACA as was operating he the was

vehicle,

aforesaid,

racing his vehicle against the vehicle driven by the Defendant, MANUEL J. ESTEVES, thereby contributing to and provoking the Defendant, MANUEL J. ESTEVES, to lose control of his vehicle whereupon it left the travel portion of South Main Street and was caused to violently crash into a utility pole head-on

resulting in fatal injuries to the Plaintiffs decedent, Korey F. Jordan.

8.

The Plaintiffs decedents injuries were caused by the

negligence and carelessness of the Defendant, JOSEPH FERACA, in one or more of the following ways: (a) in that he violated the provisions of Connecticut

General Statutes 14-232(2) by passing the Defendant, MANUEL J. ESTEVES, vehicle without regard to the right of way to other vehicles traveling on the highway; (b) in that he violated the provisions of Connecticut

General Statutes 14-236 by failing to drive said motor vehicle in his designated lane of travel; (c) in that he violated the provisions of Connecticut

General Statutes 14-218a by operating said motor vehicle at an unreasonable rate of speed having due regard for the width, traffic and use of said highway; (d) in that he violated the provisions of Connecticut

General Statutes 14-36g by operating said motor vehicle at an age of sixteen (16) and/or seventeen (17) with more passengers than required by statute and outside of the lawful hours of operation; and,

10

(e)

in that he violated the provisions of violated

the provisions of Connecticut General Statutes 14-224(c) by racing his vehicle with the vehicle driven by the Defendant, MANUEL J. ESTEVES, and intending said vehicle to race. 9. As a result the of the Defendants decedent, negligence F. and

carelessness,

Plaintiffs'

Korey

Jordan,

suffered fear of impending injury and death, conscious pain and suffering, multiple fractures to his entire body, traumatic

hemorrhaging and death itself. 10. As a further result of the Defendants negligence and

carelessness, the capacity of the Plaintiffs decedent, Korey F. Jordan, to earn wages, enjoy life and carry out lifes

activities have been permanently destroyed. 11. As a further result of the Defendants negligence and the decedents Estate has incurred medical,

carelessness,

funeral and burial expenses and claims for expenses so incurred have been duly presented to the Co-Administrators of the Estate.

FOURTH COUNT: (RECKLESSNESS FERACA AND JORDAN BALLOLLI)

As

to

the

Defendants,

JOSEPH

11

1-6. Paragraphs 1 through 6, inclusive, of the First Count are hereby incorporated as paragraphs 1 through 6, inclusive, of the Fourth Count. 7. Defendant, As to the Defendant, JOSEPH FERACA was operating the JORDAN BALLOLLIs vehicle, as aforesaid, he

recklessly and with wanton disregard was pulling close to and passing the vehicle driven by the Defendant, MANUEL J. ESTEVES, thereby contributing to and provoking the Defendant, MANUEL J. ESTEVES, to lose control of his vehicle whereupon it left the travel portion of South Main Street and was caused to violently crashed into a utility pole head-on resulting in fatal injuries to the Plaintiffs decedent, Korey F. Jordan. 8. The Plaintiffs decedents injuries were caused by the

recklessness of the Defendant, JOSEPH FERACA, in one or more of the following ways: (a) in that he violated the provisions of Connecticut

General Statutes 14-219(a)(1) by operating said motor vehicle as such a rate of speed so as to endanger the lives of others, including the Plaintiffs decedent;

12

(b)

in that he violated the provisions of Connecticut

General Statutes 14-219(a)(2) by operating said motor vehicle at a rate of speed greater than the posted speed limit and greater than the speed limit posted on Connecticut highways; (c) in that he violated the provisions of Connecticut

General Statutes 14-222 by operating said motor vehicle in a reckless and dangerous manner having regard to the width,

traffic and use of said highway and its conditions; (d) in that he violated the provisions of Connecticut by 14-224(c) by racing his vehicle with the the Defendant, MANUEL J. ESTEVES, and

General Statutes vehicle driven

intending said vehicle to race; (e) in that he violated the provisions of Connecticut

General Statutes 14-227a by operating said motor vehicle while under the influence of liquor, drugs and/or other controlled substances, when he knew or should have known that such conduct was reckless and would engager the lives of others, and which did take the life of the Plaintiffs decedent; (f) in that he violated the provisions of Connecticut

General Statutes 14-240a by following the Defendant, MANUEL J.

13

ESTEVES' vehicle more closely than is reasonable and prudent having regard for the speed of such vehicle, the traffic upon and the condition of the highway, weather conditions, with the intent to harass or intimidate the MANUEL J. ESTEVES' vehicle; and, (g) in that under all circumstances then and there driver of the Defendant,

existing acted in complete reckless and wanton disregard for the lives of the other passengers in vehicles driving upon the road. 9. As a result of the Defendants F. Jordan, recklessness, suffered pain and fear the of

Plaintiffs' impending

decedent, injury and

Korey death,

conscious

suffering,

multiple fractures to his entire body, traumatic hemorrhaging and death itself. 10. As a further result of the defendants recklessness,

the capacity of the Plaintiffs decedent, Korey F. Jordan, to earn wages, enjoy life and carry out lifes activities have been permanently destroyed. 11. As a further result of the Defendants recklessness,

the decedents Estate has incurred medical, funeral and burial

14

expenses and claims for expenses so incurred have been duly presented to the Co-Administrators of the Estate.

15

WHEREFORE, the Plaintiffs claim: (1) (2) (3) Fair, just and reasonable damages; Double/treble and, Any and apply. all damages remedies pursuant which in to C.G.S. and 14-295; may

law

equity

THE PLAINTIFF, KENNETH R. JORDAN, SR. CO-ADMINISTRATOR OF THE ESTATE OF KOREY F. JORDAN

THE PLAINTIFF, KIMBERLY BARBERA-SPENCER CO-ADMINISTRATOR OF THE ESTATE OF KOREY F. JORDAN

BY____________X_____________ KARA M. BURGARELLA FAULKNER & GRAVES, P.C. 216 Broad Street, P.O. Box 391 New London, CT 06320 J #103027;P: (860) 442-9900

BY_________________________ MICHAEL J. ROSNICK MILLER, ROSNICK, DAMICO, AUGUST & BUTLER, P.C. 1087 Broad Street Bridgeport, CT 06604 J #38116; P: (203) 334-0191

16

RET. 3RD TUESDAY, JULY 2013 KENNETH R. JORDAN, SR. AND KIMBERLY BARBERA-SPENCER, CO-ADMINISTRATORS OF THE ESTATE OF KOREY F. JORDAN VS. MANUEL J. ESTEVES, JOSEPH FERACA, AND JORDAN BALLOLLI

SUPERIOR COURT

: : :

J.D. OF WATERBURY AT WATERBURY JUNE 11, 2013

AMOUNT IN DEMAND The amount, legal interest or property in demand is FIFTEEN THOUSAND AND NO/100 DOLLARS ($15,000.00) DOLLARS or more exclusive of interest and costs. The Plaintiffs further claim double or treble damages pursuant to Connecticut General Statutes 14-295.

17

THE PLAINTIFF, KENNETH R. JORDAN, SR. CO-ADMINISTRATOR OF THE ESTATE OF KOREY F. JORDAN

THE PLAINTIFF, KIMBERLY BARBERA-SPENCER CO-ADMINISTRATOR OF THE ESTATE OF KOREY F. JORDAN

BY____________X_____________ KARA M. BURGARELLA FAULKNER & GRAVES, P.C. 216 Broad Street, P.O. Box 391 New London, CT 06320 J #103027;P: (860) 442-9900

BY_________________________ MICHAEL J. ROSNICK MILLER, ROSNICK, DAMICO, AUGUST & BUTLER, P.C. 1087 Broad Street Bridgeport, CT 06604 J #38116; P: (203) 334-0191

18