`Washington County Circuit Court
`Kyle Sylvester, Circuit Clerk
`2020-Dec-21 12:16:47
`72CV-20-2716
`C04D05 : 3 Pages
`
`
`IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS
`CIVIL DIVISION
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` PLAINTIFFS
`
` CASE NO. ___________________
`
`
`
`
`
`
`
`
`
`
`
`
`
` DEFENDANT
`
`
`
`
`
`
`
`
`
`
`JUSTIN MALONEY, and
`ELIZABETH POYNER
`
`
`
`v.
`
`
`
`JUSTIN BOOTHBY
`
`
`COMPLAINT
`
`COME NOW, the Plaintiffs, Justin Maloney and Elizabeth Poyner, by and through their
`
`
`
`attorney, Phil Votaw, of Phil Votaw & Associates, and for this cause of action against the
`
`Defendant, Justin Boothby, and state:
`
`1.
`
`That the Plaintiff, Justin Maloney, (hereinafter “Maloney”), is a resident citizen of
`
`Fayetteville, Washington County, Arkansas.
`
`2.
`
`That the Plaintiff, Elizabeth Poyner, (hereinafter “Poyner”), is a resident citizen of
`
`Fayetteville, Washington County, Arkansas.
`
`3.
`
`That the Defendant, Justin Boothby, (hereinafter “Boothby”), is a resident citizen
`
`of Fayetteville, Washington County, Arkansas.
`
`4.
`
`That the collision, described below, occurred in Fayetteville, Arkansas, and that
`
`jurisdiction and venue are proper herein.
`
`
`
`5.
`
`That on or about August 12, 2019, Plaintiff, Maloney, was stopped at a traffic light
`
`facing eastbound on US Hwy 62/ W. Martin Luther King Jr Boulevard, at intersection with Shiloh
`
`Drive. Plaintiff, Poyner was a passenger of Maloney’s vehicle. Defendant, Boothby, was traveling
`
`behind the Plaintiffs. Defendant negligently and carelessly struck the rear of Plaintiff Maloney’s
`
`vehicle.
`
`6.
`
`That the Defendant, Boothby, operated his vehicle in a negligent manner in that he:
`
`a) Failed to keep a proper lookout;
`
`b) Failed to keep his vehicle under control;
`
`c) Operated his vehicle in a negligent and careless manner;
`
`d) Generally failed to act as reasonably careful and prudent persons would
`
`have acted under the circumstances and failed to appreciate the great risk of
`
`harm their actions would have upon Plaintiff;
`
`e) Committed other unspecified acts of negligence to be set forth upon
`
`completion of discovery.
`
`7.
`
`That as a result of the August 12, 2019 incident, Plaintiffs were injured and have
`
`incurred to this date reasonable and necessary medical expenses and still suffer pain.
`
`8.
`
`That as a direct and proximate consequence of the negligent and careless acts of
`
`Defendant, Plaintiffs have sustained serious injuries, have endured pain and suffering in the past
`
`and will experience pain and suffering in the future; have undergone medical care and treatment
`
`and will certainly continue to undergo medical care and treatment in the future as a result of their
`
`injuries; have incurred medical expenses in the past and will certainly continue incurring medical
`
`expenses in the future, all to their detriment, and any and all other damages to which Plaintiffs are
`
`entitled under the law, in an amount to be determined by a jury.
`
`
`
`WHEREFORE, Plaintiffs pray that they be entitled to compensatory damages against the
`
`Defendant in an amount to be determined by a jury; that they be entitled to the costs of pursuing
`
`this action, and for all other just, proper and legal relief to which this Court deems fit.
`
`PLAINTIFF DEMANDS TRIAL BY JURY. ATTORNEY LIEN CLAIMED.
`
`PHIL VOTAW & ASSOCIATES
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`____________
`Phil Votaw, ABA #2000163
`9 North 9th Street
`Fort Smith, AR 72901
`T: 479.434.6200
`F: 479.649.9700
`phil@votawlaw.com
`Attorney for the Plaintiff
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
