Roderick Simmons, (Plaintiff), is a resident of GeorgiaTreman Spencer, (Accused), is a resident of Georgia
The accused regularly visits Poplar Pointe Apartment Communityand is an employee of Ventron Managent Co., LLC the Community Management Company. This complaint arises from an automobile collision that occurred on November 5 on 1875 East Pleasant Hill Road.
On November 5 the plaintiff, Roderick Simmons was carefully and prudently stopped in his vehicle in the center of the street waiting to make a left turn into the leasing office parking lot. His vehicle was violently struck by the accused as the accused backed out of the parking lot. Before impact the plaintiff attempted to blow his horn to worn Mr. Spencer's approaching vehicle. The plaintiff's vehicle was impacted on the left front bumper as he remained still in the street. The plaintiff then contacted Clayton County police. Within five seconds after impact the accused returned his vehicle into the parking lot, the space that he originally backed from. A young African American male between the age of 12-14 exited the passenger side of the accused vehicle and departed the area. The plaintiff contacted 911dispatch simultaneously while watching the events of the accused. The accused approached the plaintiff's automobile. Because of the magnitude of the impact the plaintiff remained in his automobile thinking that the impact had caused a great deal of damage. The accuser made an offer to disregard the incident; stating that there was not a lot of damage to either vehicle, the plaintiff's automobile air bags had not been ejected, and that he could lose his job over the incident. Approximately ten minutes following the incident Clayton county police officer J.M. Davis arrived at the location. This officer witness the plaintiff's and accusers vehicle locations. The officer indicated that it was unlawful to leave automobiles in the street even after accident's and to move my vehicle. The officer questioned both the accuser and the plaintiff. The officer's conclusion was that the accused was at fault and indicated this in his report. Furthermore the accused has offered a different account of the event dated November 5 to Progressive Insurance. Progressive Insurance adjusters listed above also have indicated to me that the accused would not be held at fault for the incident. The reasoning stated to me was to protect me and that his story sounded more like what happened. It was stated that to go to court was not in the best interest of Progressive Insurane or Roderick Simmons. The amount of damage to the plaintiff's car was estimated to be between $500-$600dollars. They would repair the accused vehicle.
The collision was caused by the recklessness, carelessness and negligence of the accused. Roderick Simmons alleges and incorporates all the facts and allegations mentioned above and further alleges that the accused:
A. Operated the motor vehicle at a high, dangerous and excessive rate of speed under the circumstances then and there existing;b. Failed to reduce speed to avoid a collision;c. Failed to observe due care and precaution and to maintain proper and adequate control of the motor vehicled. Failed to keep a proper lookout for other vehicles lawfully entering the parking lot e. Failed to exercise reasonable care in the operation of the motor vehicle under the circumstances then and there existing
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