Preview
CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 1 of 2 Trans ID: LCV20233359136
22-7205
HARK & HARK
1101 Route 70 West
Cherry Hill, NJ 08002
Phone (856) 354-0050
Fax (856) 354-0440
Jeffrey S. Hark, Esquire
Attorney ID #018281993
Attorney for Plaintiff
Plaintiff(s) SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
BRITTANY KEE, KARIN KEE AND CAMDEN COUNTY
HUNTER CHEW
DOCKET NO: CAM-L-001028-23
vs.
Civil Action
Defendant(s)
NOTICE OF MOTION TO AMEND
LARRY MCCAIN AND HORIZON PLAINTIFF KARIN KEE’S AND
SERVICES, LLC, et al HUNTER CHEW’S COMPLAINT
TO:
Gregory Pennington, Esquire
322 Highway 35 South
Red Bank, NJ 07701
James Nicholson
1720 S 9th Street
Camden, NJ 08104
Good2Go Ins.
P. O. Box 1890
Blue Bell, PA 19422
Attn: BI Claims
TAKE NOTICE that the undersigned will apply to the above named Court, on Friday, December
1, 2023, at 9:00 a.m. or as soon thereafter as counsel may be heard, for an Order for leave to file
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an Amended Complaint in the above action to add James Nicholson as a direct defendant in this
matter.
Reliance will be placed upon the attached Certification of Jeffrey S. Hark, Esquire.
Pursuant to Rule 1:6-2(d), the undersigned waives oral argument and consents to disposition on
the papers submitted UNLESS TIMELY OPPOSITION IS FILED.
HARK & HARK
A Partnership of Professional Corporations
Jeffrey S. Hark, Esquire
BY: Jeffrey S. Hark, Esquire
Dated: November 13, 2023
CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 1 of 1 Trans ID: LCV20233359136
22-7205
HARK & HARK
1101 Route 70 West
Cherry Hill, NJ 08002
Phone (856) 354-0050
Fax (856) 354-0440
Jeffrey S. Hark, Esquire
Attorney ID #018281993
Attorney for Plaintiff
Plaintiff(s) SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
BRITTANY KEE, KARIN KEE AND CAMDEN COUNTY
HUNTER CHEW
vs. DOCKET NO: CAM-L-001028-23
Defendant(s) Civil Action
LARRY MCCAIN AND HORIZON ORDER
SERVICES, LLC, et al
THIS MATTER, having been opened to the Court upon the application of Jeffrey S.
Hark, Esquire, attorney of record for plaintiff, Brittany Kee, the Court having read and
considered the moving papers submitted, having heard the arguments of counsel, no cause being
shown to the contrary, and for good cause demonstrated:
IT IS, on this _____ day of __________________________, 2023, ORDERED THAT
BRITTANY KEE, KARIN KEE AND HUNTER CHEW are allowed to amend their
complaint to add a direct cause of action against James Nicholson.
_________________________________
J.S.C.
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22-7205
HARK & HARK
1101 Route 70 West
Cherry Hill, NJ 08002
Phone (856) 354-0050
Fax (856) 354-0440
Jeffrey S. Hark, Esquire
Attorney ID #018281993
Attorney for Plaintiff
Plaintiff(s) SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
BRITTANY KEE, KARIN KEE AND CAMDEN COUNTY
HUNTER CHEW
vs. DOCKET NO: CAM-L-001028-23
Defendant(s) Civil Action
LARRY MCCAIN AND HORIZON CERTIFICATION OF JEFFREY S.
SERVICES, LLC, et al HARK, ESQUIRE, IN SUPPORT OF
MOTION TO BE RELIEVED AS
COUNSEL FOR PLAINTIFF
I, Jeffrey S. Hark, Esquire, attorney at law, admitted to practice in the State of New
Jersey, have been retained to represent the plaintiff in this matter.
1. Plaintiffs move to amend their complaint based on allegations that were initially made
in the police report and certified in interrogatory answers, provided by defend it. See
Exhibit “A” initial complaint.
2. The subject matter of this lawsuit arises out of a motor vehicle crash that took place
on August 1, 2022. See Exhibit B.
3. Therein defendant, Larry McCain of Horizon Services told Police that James
Nicholson, the driver of the vehicle, in which plaintiffs were located, was operating a
vehicle that the brake lights were inactive.
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4. In late October, early November 2023, defendant, Larry McCain, and Horizon
Services provided certified interrogatory answers, outlining the same allegations
regarding Mr. Nicholson’s vehicle, and the failure to operate a vehicle with brake
light. See Exhibit C.
5. Based upon the certified interrogatory answers, plaintiff now moves to make a direct
claim against Mr. Nicholson for failure to maintain his vehicle in a lawful manner,
and negligence. See Exhibit D.
6. A motion for leave to amend is to be liberally granted, and without consideration of
the ultimate merits of the amendment. Notte v. Merchants Mut. Ins. Co., 185 N.J.
490, 500-01 (2006). In determining whether to allow a party to amend a pleading, the
court asks (1) whether the nonmoving party will be prejudiced, and (2) whether
granting the amendment would nonetheless be futile. Notte, supra, 185 N.J. at 501.
7. Under Rule 4:9-1, "[a] party may amend any pleading as a matter of course at any time
before a responsive pleading is served." Any time after the responsive pleadings are
filed, "a party may amend a pleading only by written consent of the adverse party or by
leave of court[.]" R. 4:9-1.
8. The Rule directs that the court's permission to amend "shall be freely given in the
interest of justice." Ibid. If the amended complaint arises "out of the conduct,
transaction, or occurrence set forth . . . in the original pleading, the amendment relates
back to the date of the original pleading."
9. R. 4:9-3. In such cases, the statute of limitations will not bar the amended claim.
10. The decision to either allow or deny amended claims is a fact-sensitive one, and is
subject to a trial judge's sound discretion. Fisher v. Yates, 270 N.J. Super. 458, 467
(App. Div. 1994); see also Kernan v. One Wash. Park Urban Renewal Assocs., 154
N.J. 437, 457 (1998).
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11. Any objection to the filing of an amended complaint on the ground that it fails to state
a cause of action is measured by the motion to dismiss standard under Rule 4:6-2(e).
12. And Rule 4:6-2(e) dismissals are sustained if, after giving a plaintiff every reasonable
inference of fact, and reviewing the complaint with a “generous and hospitable
approach,” the allegations are nonetheless legally insufficient. Printing Mart-
Morristown v. Sharp. Elec. Corp., 116 N.J. 739, 746 (1989). Maxim Sewerage v.
Monmouth Ridings, 273 N.J. Super. 84, 90 (Law Div. 1993).
13. In reviewing the denial of a motion to amend a pleading, the Appellate Division
recognizes the decision rests in the court’s sound discretion. Kernan vs. One
Washington Park Urban Renewal Assocs., 154 N.J. 437, 456-57 (1998).
14. This matter has not been listed for Pre-Trial Conference, Calendar Call or Trial.
15. Wherefore, it is respectfully requested that the Court enter an Order allowing plaintiff
to amend their Complaint to add James Nicholas as a direct defendant in the above
matter.
16. I certify that the foregoing statements made by me are true and accurate. I am aware
that if any of the foregoing statements made by me are willfully false, I am subject to
punishment.
HARK & HARK
A Partnership of Professional Corporations
Jeffrey S. Hark, Esq.
BY: Jeffrey S. Hark, Esquire
Dated: November 13, 2023
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22-7205
HARK & HARK
1101 Route 70 West
Cherry Hill, NJ 08002
Phone (856) 354-0050
Fax (856) 354-0440
Jeffrey S. Hark, Esquire
Attorney ID #018281993
Attorney for Plaintiff
Plaintiff(s) SUPERIOR COURT OF NEW JERSEY
LAW DIVISION
BRITTANY KEE, KARIN KEE AND CAMDEN COUNTY
HUNTER CHEW
vs. DOCKET NO: CAM-L-001028-23
Defendant(s) Civil Action
LARRY MCCAIN AND HORIZON PROOF OF FILING AND SERVICE
SERVICES, LLC, et al
On Thursday, November 13, 2023, Jeffrey S. Hark, Esquire, the undersigned, sent by
Electronic Filing to the Clerk of the Civil Case Management of Camden County, and the Plaintiff
defendants (via regular/certified mail), the following:
NOTICE OF MOTION, SUPPORTING CERTIFICATION OF COUNSEL, PROOF OF
FILING AND SERVICE AND PROPOSED FORM OF ORDER
I certify that the foregoing statements made by me are true and accurate. I am aware that
if any of the foregoing statements made by me are willfully false, I am subject to punishment.
HARK & HARK
A Partnership of Professional Corporations
Jeffrey S. Hark, Esquire
BY: JEFFREY S. HARK, ESQUIRE
Date: November 13, 2023
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22-7205
HARK & HARK
1101 Route 70 West
Cherry Hill, NJ 08002
Phone (856) 354-0050
Fax (856) 354-0440
Jeffrey S. Hark, Esquire
Attorney ID #018281993
Attorney for Plaintiffs
Plaintiff(s) SUPERIOR COURT OF NEW JERSEY
BRITTANY KEE, KARIN KEE AND LAW DIVISION
HUNTER CHEW CAMDEN COUNTY
vs. Docket No:
Defendant(s) Civil Action
LARRY MCCAIN, HORIZON SERVICES, COMPLAINT AND DEMAND FOR
LLC, JOHN DOES 1-10, JOHN DOES, TRIAL BY JURY
INC. 1-10, JOHN DOES, LLC 1-10 AND
JOHN DOES LEASING 1-10.
Plaintiff, BRITTANY KEE and KARIN KEE, residing at 245 Pinebrook Drive, Mantua,
New Jersey 08051 and HUNTER CHEW, residing at 812 Justin Way, Williamstown, New
Jersey 08094, by way of Complaint against the Defendant(s) say(s):
FIRST COUNT
1. At all times material hereto, the Defendant, LARRY MCCAIN, was an
individual citizen residing at 309 Shawnee Trail, Browns Mills, New Jersey
08015.
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2. At all times material hereto, the Defendant, LARRY MCCAIN, was an
individual citizen residing at 309 Shawnee Trail, Browns Mills, New Jersey
08015. .
3. At all times material hereto, the Defendant, HORIZON SERVICES, LLC.
was a business entity located at 320 Century Boulevard, Wilmington, Delaware
19808.
4. At all times material hereto, the Defendants, JOHN DOES 1-10, JOHN DOES,
INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10 are
fictitious individuals, corporations, limited liability corporations and leasing
companies whose true identities cannot be determined at this time.
5.. On or about August 1, 2022, the Plaintiffs, BRITTANY KEE, KARIN KEE AND
HUNTER CHEW, were passengers in a motor vehicle which was proceeding in a northerly
direction on South Black Horse Pike at or near its intersection with East Browning Road in
Bellmawr Borough, New Jersey.
6. At the time and place aforesaid, the Defendant, LARRY MCCAIN, was the
operator of a motor vehicle owned by the Defendant, HORIZON SERVICES, LLC., AND/OR
JOHN DOES 1-10, JOHN DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES
LEASING 1-10. which was proceeding in a northerly direction on South Black Horse Pike at or
near its intersection with East Browning Road in Bellmawr Borough, New Jersey.
7.. At the time and place aforesaid, the Defendants, LARRY MCCAIN AND
HORIZON SERVICES, LLC, AND/OR JOHN DOES 1-10, JOHN DOES, INC. 1-10, JOHN
DOES, LLC 1-10 AND JOHN DOES LEASING 1-10. operated said motor vehicle in a careless
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and/or negligent manner and/or allowed said motor vehicles to be operated in a careless and/or
negligent manner so as to cause same to collide violently with each other with resultant serious
and permanent personal injuries to the Plaintiffs, BRITTANY KEE, KARIN KEE AND
HUNTER CHEW.
8. As a direct and proximate result of the carelessness and/or negligence of the
Defendant, as aforesaid, the Plaintiffs, BRITTANY KEE, KARIN KEE AND HUNTER
CHEW., were injured both grievously and irreversibly, they have in the past and will in the
future be plagued by great pain, shock and mental anguish. They have been forced to incur
ruinous diverse expenses for medical, hospital and nursing attention in an effort alleviate the
injuries from which they are suffering; they have in the past and will in the future be prevented
from attending to their lawful affairs and occupation.
WHEREFORE, Plaintiffs, BRITTANY KEE, KARIN KEE AND HUNTER CHEW,
demands judgment against the Defendant, LARRY MCCAIN AND HORIZON SERVICES,
LLC, AND/OR JOHN DOES 1-10, JOHN DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND
JOHN DOES LEASING 1-10. on this Count for damages together with interest and costs of
suit.
HARK & HARK
A Partnership of Professional Corporations
Jeffrey S. Hark
_________________________________
BY: JEFFREY S. HARK, ESQUIRE
Date: Wednesday, March 29, 2023
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DEMAND FOR JURY TRIAL
Plaintiffs, BRITTANY KEE, KARIN KEE AND HUNTER CHEW, demand a trial by
jury as to all issues in accordance with New Jersey Rules of Civil Practice.
CERTIFICATION UNDER RULE 4:5-1
It is hereby certified that this matter in controversy is not the subject of any other action
pending in any Court or of a pending arbitration proceeding, nor is any other action or arbitration
contemplated. Counsel is further unaware of any other parties who should be joined in this
action.
NOTICE OF DESIGNATION OF TRIAL COUNSEL
Please be notified that pursuant to Rule 4:25-4, JEFFREY S. HARK, ESQUIRE, is
hereby designated as trial counsel in the above-captioned litigation on behalf of the firm of
HARK & HARK.
HARK & HARK
A Partnership of Professional Corporations
Jeffrey S. Hark
__________________________________
BY: Jeffrey S. Hark, Esquire
Dated: Wednesday, March 29, 2023
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Civil Case Information Statement
Case Details: CAMDEN | Civil Part Docket# L-000935-23
Case Caption: KEE BRITTANY VS MCCAIN LARRY Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (NON-
Case Initiation Date: 03/29/2023 VERBAL THRESHOLD)
Attorney Name: JEFFREY HARK Document Type: Complaint with Jury Demand
Firm Name: HARK & HARK Jury Demand: YES - 6 JURORS
Address: 1101 ROUTE 70 WEST SUITE 100 Is this a professional malpractice case? NO
CHERRY HILL NJ 080020000 Related cases pending: NO
Phone: 8563540050 If yes, list docket numbers:
Name of Party: PLAINTIFF : Kee, Brittany Do you anticipate adding any parties (arising out of same
Name of Defendant’s Primary Insurance Company transaction or occurrence)? NO
(if known): CINCINATTI INSURANCE COMPANY Does this case involve claims related to COVID-19? NO
Are sexual abuse claims alleged by: Brittany Kee? NO
Are sexual abuse claims alleged by: Karin Kee? NO
Are sexual abuse claims alleged by: Hunter Chew? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
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03/29/2023 /s/ JEFFREY HARK
Dated Signed
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22-7205
HARK & HARK
1101 Route 70 West
Cherry Hill, NJ 08002
Phone (856) 354-0050
Fax (856) 354-0440
Jeffrey S. Hark, Esquire
Attorney ID #018281993
Attorney for Plaintiffs
Plaintiff(s) SUPERIOR COURT OF NEW JERSEY
BRITTANY KEE, KARIN KEE AND LAW DIVISION
HUNTER CHEW CAMDEN COUNTY
vs. DOCKET NO: CAM-L-001028-23
Defendant(s) Civil Action
LARRY MCCAIN, HORIZON SERVICES, 1ST AMENDED COMPLAINT AND
LLC, JOHN DOES 1-10, JOHN DOES, DEMAND FOR TRIAL BY JURY
INC. 1-10, JOHN DOES, LLC 1-10 AND
JOHN DOES LEASING 1-10.
Plaintiff, BRITTANY KEE and KARIN KEE, residing at 245 Pinebrook Drive, Mantua,
New Jersey 08051 and HUNTER CHEW, residing at 812 Justin Way, Williamstown, New
Jersey 08094, by way of Complaint against the Defendant(s) say(s):
FIRST COUNT
1. At all times material hereto, the Defendant, James Nicholson, was an individual citizen
residing at 1720 S 9th Street, Camden, New Jersey 08104.
2. At all times material hereto, the Defendant, LARRY MCCAIN, was an individual
citizen residing at 309 Shawnee Trail, Browns Mills, New Jersey 08015.
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3. At all times material hereto, the Defendant, HORIZON SERVICES, LLC. was a
business entity located at 320 Century Boulevard, Wilmington, Delaware 19808.
4. At all times material hereto, the Defendants, JOHN DOES 1-10, JOHN DOES,
INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10 are fictitious
individuals, corporations, limited liability corporations and leasing companies whose true
identities cannot be determined at this time.
5. On or about August 1, 2022, the Plaintiffs, BRITTANY KEE, KARIN KEE AND
HUNTER CHEW, were passengers in a motor vehicle which was proceeding in a northerly
direction on South Black Horse Pike at or near its intersection with East Browning Road in
Bellmawr Borough, New Jersey.
6. At the time and place aforesaid, the Defendant, LARRY MCCAIN, was the
operator of a motor vehicle owned by the Defendant, HORIZON SERVICES, LLC.,
AND/OR JOHN DOES 1-10, JOHN DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND
JOHN DOES LEASING 1-10. which was proceeding in a northerly direction on South
Black Horse Pike at or near its intersection with East Browning Road in Bellmawr Borough,
New Jersey.
7. At the time and place aforesaid, the Defendants, LARRY MCCAIN AND
HORIZON SERVICES, LLC, AND/OR JOHN DOES 1-10, JOHN DOES, INC. 1-10,
JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10. operated said motor vehicle
in a careless and/or negligent manner and/or allowed said motor vehicles to be operated in
a careless and/or negligent manner so as to cause same to collide violently with each other
with resultant serious and permanent personal injuries to the Plaintiffs, BRITTANY KEE,
KARIN KEE AND HUNTER CHEW.
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8. As a direct and proximate result of the carelessness and/or negligence of the
Defendant, as aforesaid, the Plaintiffs, BRITTANY KEE, KARIN KEE AND HUNTER
CHEW., were injured both grievously and irreversibly, they have in the past and will in the
future be plagued by great pain, shock and mental anguish. They have been forced to incur
ruinous diverse expenses for medical, hospital and nursing attention in an effort alleviate
the injuries from which they are suffering; they have in the past and will in the future be
prevented from attending to their lawful affairs and occupation.
WHEREFORE, Plaintiffs, BRITTANY KEE, KARIN KEE AND HUNTER CHEW,
demands judgment against the Defendant, LARRY MCCAIN AND HORIZON
SERVICES, LLC, AND/OR JOHN DOES 1-10, JOHN DOES, INC. 1-10, JOHN DOES,
LLC 1-10 AND JOHN DOES LEASING 1-10. on this Count for damages together with
interest and costs of suit.
SECOND COUNT
Plaintiffs, Brittany Kee, Karin Kee and Hunter Chew, incorporate the preceding
paragraphs of this Complaint as if the same were set forth herein at length.
9. At all times materials hereto defendants, HORIZON SERVICES, LLC, AND/OR JOHN
DOES 1-10, JOHN DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING
1-10, gave, loaned, allowed, or otherwise entrusted defendant, LARRY MCCAIN, with its
company vehicle for company and personal use.
10. As a direct and proximate result of the negligent entrustment, and/or negligent supervision,
and/or negligent hiring of the Defendant/employee, LARRY MCCAIN, by the Defendants
HORIZON SERVICES, LLC, AND/OR JOHN DOES 1-10, JOHN DOES, INC. 1- 10, JOHN
DOES, LLC 1-10 AND JOHN DOES LEASING 1-10, the Plaintiffs, Brittany Kee,
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Karin Kee and Hunter Chew, were injured both grievously and irreversibly, they have in the
past and will in the future be plagued by great pain, shock and mental anguish. They have been
forced to incur ruinous diverse expenses for medical, hospital and nursing attention in an effort
alleviate the injuries from which they are suffering; they have in the past and will in the future
be prevented from attending to their lawful affairs and occupation.
WHEREFORE, Plaintiff, Brittany Kee, Karin Kee and Hunter Chew, demands judgment
against the Defendant, HORIZON SERVICES, LLC, AND/OR JOHN DOES 1-10, JOHN
DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10, on this
Count for damages together with interest and costs of suit.
THIRD COUNT
Plaintiffs, Brittany Kee, Karin Kee and Hunter Chew, incorporates the preceding
paragraphs of this Complaint as if the same were set forth herein at length.
11. At the time and place aforesaid, the Defendants, HORIZON SERVICES, LLC,
AND/OR JOHN DOES 1-10, JOHN DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN
DOES LEASING 1-10,, entrusted Defendant, LARRY MCCAIN, with their vehicle and
failed to properly supervise him with reckless, wanton and willful disregard for the safety of
others on the road, including the safety of Plaintiffs, Brittany Kee, Karin Kee and Hunter
Chew.
12. As a direct and proximate result of the reckless, willful and wanton disregard by
HORIZON SERVICES, LLC, AND/OR JOHN DOES 1-10, JOHN DOES, INC. 1-10, JOHN
DOES, LLC 1-10 AND JOHN DOES LEASING 1-10, as aforesaid, the Plaintiffs, Brittany
Kee, Karin Kee and Hunter Chew, were injured both grievously and irreversibly, they have in
the past and will in the future be plagued by great pain, shock and mental anguish. They have
been forced to incur ruinous diverse expenses for medical, hospital and nursing attention in an
effort alleviate the injuries from which they are suffering; they have in the past and will in the future
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be prevented from attending to their lawful affairs and occupation.
WHEREFORE, Plaintiffs, Brittany Kee, Karin Kee and Hunter Chew, hereby demands
judgment against the Defendant, HORIZON SERVICES, LLC, AND/OR JOHN DOES 1-
10, JOHN DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10,
on this Count for punitive damages together with lawful interest, court costs, attorney's fees
and such other and further relief as the court shall deem equitable and just.
FOURTH COUNT
Plaintiffs, Brittany Kee, Karin Kee and Hunter Chew, incorporates the preceding
paragraphs of this Complaint as if the same were set forth herein at length.
13. At the time and place aforesaid, the Defendant, LARRY MCCAIN, operated said motor
vehicle with reckless, wanton and willful disregard for Plaintiffs’ safety.
14. As a direct and proximate result of the said reckless, willful and wanton conduct of
LARRY MCCAIN, as aforesaid, the Plaintiffs, Brittany Kee, Karin Kee and Hunter Chew,
were injured both grievously and irreversibly, they have in the past and will in the future be
plagued by great pain, shock and mental anguish. They have been forced to incur ruinous
diverse expenses for medical, hospital and nursing attention in an effort alleviate the injuries
from which they are suffering; they have in the past and will in the future be prevented from
attending to their lawful affairs and occupation.
WHEREFORE, Plaintiffs, Brittany Kee, Karin Kee and Hunter Chew, hereby demand
judgment against the Defendant, LARRY MCCAIN, on this Count for punitive damages
with lawful interest, court costs, attorney's fees and such other and further relief as the court
shall deem equitable and just.
FIFTH COUNT
15. Plaintiffs, Brittany Kee, Karin Kee and Hunter Chew, incorporate the preceding
paragraphs of this Complaint as if the same were set forth herein at length.
16. At all times materials hereto plaintiffs were passengers in defendants, James Nicolson
vehicle.
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17. At all times materials hereto plaintiffs were passengers in defendants, James Nicolson
vehicle which was being operated by James Nicholson without properly operating break lights
in violations of Title 39 of the New Jersey Motor Vehicle Code.
18. The motor vehicle statutes establish standards of conduct for motorists on our highways and, under
usual circumstances, the violation of motor vehicle statutes is evidence of negligence." Ewing v. Burke,
316 N.J. Super. 287, 293-94 (App. Div. 1998) (citing Paiva v. Pfeiffer, 229 N.J. Super. 276, 280 (App.
Div. 1988)).
19. No person shall drive, move, park or be in custody of on any highway any motor vehicle not
equipped and operable as herein required. N.J.S. § 39:3-66
20. As a direct and proximate result of the negligent maintenance, alleged herein, the Plaintiffs,
Brittany Karin Kee and Hunter Chew, were injured both grievously and irreversibly, they have in the
past and will in the future be plagued by great pain, shock and mental anguish. They have been forced
to incur ruinous diverse expenses for medical, hospital and nursing attention in an effort alleviate the
injuries from which they are suffering; they have in the past and will in the future be prevented from
attending to their lawful affairs and occupation.
WHEREFORE, Plaintiff, Brittany Kee, Karin Kee and Hunter Chew, demands judgment
against the Defendant, James Nicholas on this Count for damages together with interest and
costs of suit.
HARK & HARK
A Partnership of Professional Corporations
Jeffrey S. Hark
BY: JEFFREY S. HARK, ESQUIRE
Date: November 13, 2023
DEMAND FOR JURY TRIAL
Plaintiffs, BRITTANY KEE, KARIN KEE AND HUNTER CHEW, demand a trial by
jury as to all issues in accordance with New Jersey Rules of Civil Practice.
CERTIFICATION UNDER RULE 4:5-1
CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 7 of 7 Trans ID: LCV20233359136
It is hereby certified that this matter in controversy is not the subject of any other action
pending in any Court or of a pending arbitration proceeding, nor is any other action or arbitration
contemplated. Counsel is further unaware of any other parties who should be joined in this
action.
NOTICE OF DESIGNATION OF TRIAL COUNSEL
Please be notified that pursuant to Rule 4:25-4, JEFFREY S. HARK, ESQUIRE, is
hereby designated as trial counsel in the above-captioned litigation on behalf of the firm of
HARK & HARK.
HARK & HARK
A Partnership of Professional Corporations
Jeffrey S. Hark
BY: Jeffrey S. Hark, Esquire
Dated: November 13, 2023
Preview
CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 1 of 2 Trans ID: LCV20233359136 22-7205 HARK & HARK 1101 Route 70 West Cherry Hill, NJ 08002 Phone (856) 354-0050 Fax (856) 354-0440 Jeffrey S. Hark, Esquire Attorney ID #018281993 Attorney for Plaintiff Plaintiff(s) SUPERIOR COURT OF NEW JERSEY LAW DIVISION BRITTANY KEE, KARIN KEE AND CAMDEN COUNTY HUNTER CHEW DOCKET NO: CAM-L-001028-23 vs. Civil Action Defendant(s) NOTICE OF MOTION TO AMEND LARRY MCCAIN AND HORIZON PLAINTIFF KARIN KEE’S AND SERVICES, LLC, et al HUNTER CHEW’S COMPLAINT TO: Gregory Pennington, Esquire 322 Highway 35 South Red Bank, NJ 07701 James Nicholson 1720 S 9th Street Camden, NJ 08104 Good2Go Ins. P. O. Box 1890 Blue Bell, PA 19422 Attn: BI Claims TAKE NOTICE that the undersigned will apply to the above named Court, on Friday, December 1, 2023, at 9:00 a.m. or as soon thereafter as counsel may be heard, for an Order for leave to file CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 2 of 2 Trans ID: LCV20233359136 an Amended Complaint in the above action to add James Nicholson as a direct defendant in this matter. Reliance will be placed upon the attached Certification of Jeffrey S. Hark, Esquire. Pursuant to Rule 1:6-2(d), the undersigned waives oral argument and consents to disposition on the papers submitted UNLESS TIMELY OPPOSITION IS FILED. HARK & HARK A Partnership of Professional Corporations Jeffrey S. Hark, Esquire BY: Jeffrey S. Hark, Esquire Dated: November 13, 2023 CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 1 of 1 Trans ID: LCV20233359136 22-7205 HARK & HARK 1101 Route 70 West Cherry Hill, NJ 08002 Phone (856) 354-0050 Fax (856) 354-0440 Jeffrey S. Hark, Esquire Attorney ID #018281993 Attorney for Plaintiff Plaintiff(s) SUPERIOR COURT OF NEW JERSEY LAW DIVISION BRITTANY KEE, KARIN KEE AND CAMDEN COUNTY HUNTER CHEW vs. DOCKET NO: CAM-L-001028-23 Defendant(s) Civil Action LARRY MCCAIN AND HORIZON ORDER SERVICES, LLC, et al THIS MATTER, having been opened to the Court upon the application of Jeffrey S. Hark, Esquire, attorney of record for plaintiff, Brittany Kee, the Court having read and considered the moving papers submitted, having heard the arguments of counsel, no cause being shown to the contrary, and for good cause demonstrated: IT IS, on this _____ day of __________________________, 2023, ORDERED THAT BRITTANY KEE, KARIN KEE AND HUNTER CHEW are allowed to amend their complaint to add a direct cause of action against James Nicholson. _________________________________ J.S.C. CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 1 of 3 Trans ID: LCV20233359136 22-7205 HARK & HARK 1101 Route 70 West Cherry Hill, NJ 08002 Phone (856) 354-0050 Fax (856) 354-0440 Jeffrey S. Hark, Esquire Attorney ID #018281993 Attorney for Plaintiff Plaintiff(s) SUPERIOR COURT OF NEW JERSEY LAW DIVISION BRITTANY KEE, KARIN KEE AND CAMDEN COUNTY HUNTER CHEW vs. DOCKET NO: CAM-L-001028-23 Defendant(s) Civil Action LARRY MCCAIN AND HORIZON CERTIFICATION OF JEFFREY S. SERVICES, LLC, et al HARK, ESQUIRE, IN SUPPORT OF MOTION TO BE RELIEVED AS COUNSEL FOR PLAINTIFF I, Jeffrey S. Hark, Esquire, attorney at law, admitted to practice in the State of New Jersey, have been retained to represent the plaintiff in this matter. 1. Plaintiffs move to amend their complaint based on allegations that were initially made in the police report and certified in interrogatory answers, provided by defend it. See Exhibit “A” initial complaint. 2. The subject matter of this lawsuit arises out of a motor vehicle crash that took place on August 1, 2022. See Exhibit B. 3. Therein defendant, Larry McCain of Horizon Services told Police that James Nicholson, the driver of the vehicle, in which plaintiffs were located, was operating a vehicle that the brake lights were inactive. CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 2 of 3 Trans ID: LCV20233359136 4. In late October, early November 2023, defendant, Larry McCain, and Horizon Services provided certified interrogatory answers, outlining the same allegations regarding Mr. Nicholson’s vehicle, and the failure to operate a vehicle with brake light. See Exhibit C. 5. Based upon the certified interrogatory answers, plaintiff now moves to make a direct claim against Mr. Nicholson for failure to maintain his vehicle in a lawful manner, and negligence. See Exhibit D. 6. A motion for leave to amend is to be liberally granted, and without consideration of the ultimate merits of the amendment. Notte v. Merchants Mut. Ins. Co., 185 N.J. 490, 500-01 (2006). In determining whether to allow a party to amend a pleading, the court asks (1) whether the nonmoving party will be prejudiced, and (2) whether granting the amendment would nonetheless be futile. Notte, supra, 185 N.J. at 501. 7. Under Rule 4:9-1, "[a] party may amend any pleading as a matter of course at any time before a responsive pleading is served." Any time after the responsive pleadings are filed, "a party may amend a pleading only by written consent of the adverse party or by leave of court[.]" R. 4:9-1. 8. The Rule directs that the court's permission to amend "shall be freely given in the interest of justice." Ibid. If the amended complaint arises "out of the conduct, transaction, or occurrence set forth . . . in the original pleading, the amendment relates back to the date of the original pleading." 9. R. 4:9-3. In such cases, the statute of limitations will not bar the amended claim. 10. The decision to either allow or deny amended claims is a fact-sensitive one, and is subject to a trial judge's sound discretion. Fisher v. Yates, 270 N.J. Super. 458, 467 (App. Div. 1994); see also Kernan v. One Wash. Park Urban Renewal Assocs., 154 N.J. 437, 457 (1998). CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 3 of 3 Trans ID: LCV20233359136 11. Any objection to the filing of an amended complaint on the ground that it fails to state a cause of action is measured by the motion to dismiss standard under Rule 4:6-2(e). 12. And Rule 4:6-2(e) dismissals are sustained if, after giving a plaintiff every reasonable inference of fact, and reviewing the complaint with a “generous and hospitable approach,” the allegations are nonetheless legally insufficient. Printing Mart- Morristown v. Sharp. Elec. Corp., 116 N.J. 739, 746 (1989). Maxim Sewerage v. Monmouth Ridings, 273 N.J. Super. 84, 90 (Law Div. 1993). 13. In reviewing the denial of a motion to amend a pleading, the Appellate Division recognizes the decision rests in the court’s sound discretion. Kernan vs. One Washington Park Urban Renewal Assocs., 154 N.J. 437, 456-57 (1998). 14. This matter has not been listed for Pre-Trial Conference, Calendar Call or Trial. 15. Wherefore, it is respectfully requested that the Court enter an Order allowing plaintiff to amend their Complaint to add James Nicholas as a direct defendant in the above matter. 16. I certify that the foregoing statements made by me are true and accurate. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. HARK & HARK A Partnership of Professional Corporations Jeffrey S. Hark, Esq. BY: Jeffrey S. Hark, Esquire Dated: November 13, 2023 CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 1 of 1 Trans ID: LCV20233359136 22-7205 HARK & HARK 1101 Route 70 West Cherry Hill, NJ 08002 Phone (856) 354-0050 Fax (856) 354-0440 Jeffrey S. Hark, Esquire Attorney ID #018281993 Attorney for Plaintiff Plaintiff(s) SUPERIOR COURT OF NEW JERSEY LAW DIVISION BRITTANY KEE, KARIN KEE AND CAMDEN COUNTY HUNTER CHEW vs. DOCKET NO: CAM-L-001028-23 Defendant(s) Civil Action LARRY MCCAIN AND HORIZON PROOF OF FILING AND SERVICE SERVICES, LLC, et al On Thursday, November 13, 2023, Jeffrey S. Hark, Esquire, the undersigned, sent by Electronic Filing to the Clerk of the Civil Case Management of Camden County, and the Plaintiff defendants (via regular/certified mail), the following: NOTICE OF MOTION, SUPPORTING CERTIFICATION OF COUNSEL, PROOF OF FILING AND SERVICE AND PROPOSED FORM OF ORDER I certify that the foregoing statements made by me are true and accurate. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. HARK & HARK A Partnership of Professional Corporations Jeffrey S. Hark, Esquire BY: JEFFREY S. HARK, ESQUIRE Date: November 13, 2023 CAM-L-001028-23 CAM-L-000935-23 11/14/2023 03/29/202311:09:09 7:16:46 PM AM Pg Pg11of of46 Trans TransID: ID:LCV20231073020 LCV20233359136 22-7205 HARK & HARK 1101 Route 70 West Cherry Hill, NJ 08002 Phone (856) 354-0050 Fax (856) 354-0440 Jeffrey S. Hark, Esquire Attorney ID #018281993 Attorney for Plaintiffs Plaintiff(s) SUPERIOR COURT OF NEW JERSEY BRITTANY KEE, KARIN KEE AND LAW DIVISION HUNTER CHEW CAMDEN COUNTY vs. Docket No: Defendant(s) Civil Action LARRY MCCAIN, HORIZON SERVICES, COMPLAINT AND DEMAND FOR LLC, JOHN DOES 1-10, JOHN DOES, TRIAL BY JURY INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10. Plaintiff, BRITTANY KEE and KARIN KEE, residing at 245 Pinebrook Drive, Mantua, New Jersey 08051 and HUNTER CHEW, residing at 812 Justin Way, Williamstown, New Jersey 08094, by way of Complaint against the Defendant(s) say(s): FIRST COUNT 1. At all times material hereto, the Defendant, LARRY MCCAIN, was an individual citizen residing at 309 Shawnee Trail, Browns Mills, New Jersey 08015. CAM-L-001028-23 CAM-L-000935-23 11/14/2023 03/29/202311:09:09 7:16:46 PM AM Pg Pg22of of46 Trans TransID: ID:LCV20231073020 LCV20233359136 2. At all times material hereto, the Defendant, LARRY MCCAIN, was an individual citizen residing at 309 Shawnee Trail, Browns Mills, New Jersey 08015. . 3. At all times material hereto, the Defendant, HORIZON SERVICES, LLC. was a business entity located at 320 Century Boulevard, Wilmington, Delaware 19808. 4. At all times material hereto, the Defendants, JOHN DOES 1-10, JOHN DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10 are fictitious individuals, corporations, limited liability corporations and leasing companies whose true identities cannot be determined at this time. 5.. On or about August 1, 2022, the Plaintiffs, BRITTANY KEE, KARIN KEE AND HUNTER CHEW, were passengers in a motor vehicle which was proceeding in a northerly direction on South Black Horse Pike at or near its intersection with East Browning Road in Bellmawr Borough, New Jersey. 6. At the time and place aforesaid, the Defendant, LARRY MCCAIN, was the operator of a motor vehicle owned by the Defendant, HORIZON SERVICES, LLC., AND/OR JOHN DOES 1-10, JOHN DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10. which was proceeding in a northerly direction on South Black Horse Pike at or near its intersection with East Browning Road in Bellmawr Borough, New Jersey. 7.. At the time and place aforesaid, the Defendants, LARRY MCCAIN AND HORIZON SERVICES, LLC, AND/OR JOHN DOES 1-10, JOHN DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10. operated said motor vehicle in a careless CAM-L-001028-23 CAM-L-000935-23 11/14/2023 03/29/202311:09:09 7:16:46 PM AM Pg Pg33of of46 Trans TransID: ID:LCV20231073020 LCV20233359136 and/or negligent manner and/or allowed said motor vehicles to be operated in a careless and/or negligent manner so as to cause same to collide violently with each other with resultant serious and permanent personal injuries to the Plaintiffs, BRITTANY KEE, KARIN KEE AND HUNTER CHEW. 8. As a direct and proximate result of the carelessness and/or negligence of the Defendant, as aforesaid, the Plaintiffs, BRITTANY KEE, KARIN KEE AND HUNTER CHEW., were injured both grievously and irreversibly, they have in the past and will in the future be plagued by great pain, shock and mental anguish. They have been forced to incur ruinous diverse expenses for medical, hospital and nursing attention in an effort alleviate the injuries from which they are suffering; they have in the past and will in the future be prevented from attending to their lawful affairs and occupation. WHEREFORE, Plaintiffs, BRITTANY KEE, KARIN KEE AND HUNTER CHEW, demands judgment against the Defendant, LARRY MCCAIN AND HORIZON SERVICES, LLC, AND/OR JOHN DOES 1-10, JOHN DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10. on this Count for damages together with interest and costs of suit. HARK & HARK A Partnership of Professional Corporations Jeffrey S. Hark _________________________________ BY: JEFFREY S. HARK, ESQUIRE Date: Wednesday, March 29, 2023 CAM-L-001028-23 CAM-L-000935-23 11/14/2023 03/29/202311:09:09 7:16:46 PM AM Pg Pg44of of46 Trans TransID: ID:LCV20231073020 LCV20233359136 DEMAND FOR JURY TRIAL Plaintiffs, BRITTANY KEE, KARIN KEE AND HUNTER CHEW, demand a trial by jury as to all issues in accordance with New Jersey Rules of Civil Practice. CERTIFICATION UNDER RULE 4:5-1 It is hereby certified that this matter in controversy is not the subject of any other action pending in any Court or of a pending arbitration proceeding, nor is any other action or arbitration contemplated. Counsel is further unaware of any other parties who should be joined in this action. NOTICE OF DESIGNATION OF TRIAL COUNSEL Please be notified that pursuant to Rule 4:25-4, JEFFREY S. HARK, ESQUIRE, is hereby designated as trial counsel in the above-captioned litigation on behalf of the firm of HARK & HARK. HARK & HARK A Partnership of Professional Corporations Jeffrey S. Hark __________________________________ BY: Jeffrey S. Hark, Esquire Dated: Wednesday, March 29, 2023 CAM-L-000935-23 11/14/2023 CAM-L-001028-23 CAM-L-000935-23 03/29/202311:09:09 03/29/2023 7:16:46PM 7:16:46 PM AM Pg Pg15of of26Trans TransID: Trans ID:LCV20231073020 ID: LCV20231073020 LCV20233359136 Civil Case Information Statement Case Details: CAMDEN | Civil Part Docket# L-000935-23 Case Caption: KEE BRITTANY VS MCCAIN LARRY Case Type: AUTO NEGLIGENCE-PERSONAL INJURY (NON- Case Initiation Date: 03/29/2023 VERBAL THRESHOLD) Attorney Name: JEFFREY HARK Document Type: Complaint with Jury Demand Firm Name: HARK & HARK Jury Demand: YES - 6 JURORS Address: 1101 ROUTE 70 WEST SUITE 100 Is this a professional malpractice case? NO CHERRY HILL NJ 080020000 Related cases pending: NO Phone: 8563540050 If yes, list docket numbers: Name of Party: PLAINTIFF : Kee, Brittany Do you anticipate adding any parties (arising out of same Name of Defendant’s Primary Insurance Company transaction or occurrence)? NO (if known): CINCINATTI INSURANCE COMPANY Does this case involve claims related to COVID-19? NO Are sexual abuse claims alleged by: Brittany Kee? NO Are sexual abuse claims alleged by: Karin Kee? NO Are sexual abuse claims alleged by: Hunter Chew? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) CAM-L-000935-23 11/14/2023 CAM-L-001028-23 CAM-L-000935-23 03/29/202311:09:09 03/29/2023 7:16:46PM 7:16:46 PM AM Pg Pg26of of26Trans TransID: Trans ID:LCV20231073020 ID: LCV20231073020 LCV20233359136 03/29/2023 /s/ JEFFREY HARK Dated Signed CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 1 of 3 Trans ID: LCV20233359136 CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 2 of 3 Trans ID: LCV20233359136 CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 3 of 3 Trans ID: LCV20233359136 CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 1 of 3 Trans ID: LCV20233359136 CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 2 of 3 Trans ID: LCV20233359136 CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 3 of 3 Trans ID: LCV20233359136 CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 1 of 7 Trans ID: LCV20233359136 22-7205 HARK & HARK 1101 Route 70 West Cherry Hill, NJ 08002 Phone (856) 354-0050 Fax (856) 354-0440 Jeffrey S. Hark, Esquire Attorney ID #018281993 Attorney for Plaintiffs Plaintiff(s) SUPERIOR COURT OF NEW JERSEY BRITTANY KEE, KARIN KEE AND LAW DIVISION HUNTER CHEW CAMDEN COUNTY vs. DOCKET NO: CAM-L-001028-23 Defendant(s) Civil Action LARRY MCCAIN, HORIZON SERVICES, 1ST AMENDED COMPLAINT AND LLC, JOHN DOES 1-10, JOHN DOES, DEMAND FOR TRIAL BY JURY INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10. Plaintiff, BRITTANY KEE and KARIN KEE, residing at 245 Pinebrook Drive, Mantua, New Jersey 08051 and HUNTER CHEW, residing at 812 Justin Way, Williamstown, New Jersey 08094, by way of Complaint against the Defendant(s) say(s): FIRST COUNT 1. At all times material hereto, the Defendant, James Nicholson, was an individual citizen residing at 1720 S 9th Street, Camden, New Jersey 08104. 2. At all times material hereto, the Defendant, LARRY MCCAIN, was an individual citizen residing at 309 Shawnee Trail, Browns Mills, New Jersey 08015. CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 2 of 7 Trans ID: LCV20233359136 3. At all times material hereto, the Defendant, HORIZON SERVICES, LLC. was a business entity located at 320 Century Boulevard, Wilmington, Delaware 19808. 4. At all times material hereto, the Defendants, JOHN DOES 1-10, JOHN DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10 are fictitious individuals, corporations, limited liability corporations and leasing companies whose true identities cannot be determined at this time. 5. On or about August 1, 2022, the Plaintiffs, BRITTANY KEE, KARIN KEE AND HUNTER CHEW, were passengers in a motor vehicle which was proceeding in a northerly direction on South Black Horse Pike at or near its intersection with East Browning Road in Bellmawr Borough, New Jersey. 6. At the time and place aforesaid, the Defendant, LARRY MCCAIN, was the operator of a motor vehicle owned by the Defendant, HORIZON SERVICES, LLC., AND/OR JOHN DOES 1-10, JOHN DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10. which was proceeding in a northerly direction on South Black Horse Pike at or near its intersection with East Browning Road in Bellmawr Borough, New Jersey. 7. At the time and place aforesaid, the Defendants, LARRY MCCAIN AND HORIZON SERVICES, LLC, AND/OR JOHN DOES 1-10, JOHN DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10. operated said motor vehicle in a careless and/or negligent manner and/or allowed said motor vehicles to be operated in a careless and/or negligent manner so as to cause same to collide violently with each other with resultant serious and permanent personal injuries to the Plaintiffs, BRITTANY KEE, KARIN KEE AND HUNTER CHEW. CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 3 of 7 Trans ID: LCV20233359136 8. As a direct and proximate result of the carelessness and/or negligence of the Defendant, as aforesaid, the Plaintiffs, BRITTANY KEE, KARIN KEE AND HUNTER CHEW., were injured both grievously and irreversibly, they have in the past and will in the future be plagued by great pain, shock and mental anguish. They have been forced to incur ruinous diverse expenses for medical, hospital and nursing attention in an effort alleviate the injuries from which they are suffering; they have in the past and will in the future be prevented from attending to their lawful affairs and occupation. WHEREFORE, Plaintiffs, BRITTANY KEE, KARIN KEE AND HUNTER CHEW, demands judgment against the Defendant, LARRY MCCAIN AND HORIZON SERVICES, LLC, AND/OR JOHN DOES 1-10, JOHN DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10. on this Count for damages together with interest and costs of suit. SECOND COUNT Plaintiffs, Brittany Kee, Karin Kee and Hunter Chew, incorporate the preceding paragraphs of this Complaint as if the same were set forth herein at length. 9. At all times materials hereto defendants, HORIZON SERVICES, LLC, AND/OR JOHN DOES 1-10, JOHN DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10, gave, loaned, allowed, or otherwise entrusted defendant, LARRY MCCAIN, with its company vehicle for company and personal use. 10. As a direct and proximate result of the negligent entrustment, and/or negligent supervision, and/or negligent hiring of the Defendant/employee, LARRY MCCAIN, by the Defendants HORIZON SERVICES, LLC, AND/OR JOHN DOES 1-10, JOHN DOES, INC. 1- 10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10, the Plaintiffs, Brittany Kee, CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 4 of 7 Trans ID: LCV20233359136 Karin Kee and Hunter Chew, were injured both grievously and irreversibly, they have in the past and will in the future be plagued by great pain, shock and mental anguish. They have been forced to incur ruinous diverse expenses for medical, hospital and nursing attention in an effort alleviate the injuries from which they are suffering; they have in the past and will in the future be prevented from attending to their lawful affairs and occupation. WHEREFORE, Plaintiff, Brittany Kee, Karin Kee and Hunter Chew, demands judgment against the Defendant, HORIZON SERVICES, LLC, AND/OR JOHN DOES 1-10, JOHN DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10, on this Count for damages together with interest and costs of suit. THIRD COUNT Plaintiffs, Brittany Kee, Karin Kee and Hunter Chew, incorporates the preceding paragraphs of this Complaint as if the same were set forth herein at length. 11. At the time and place aforesaid, the Defendants, HORIZON SERVICES, LLC, AND/OR JOHN DOES 1-10, JOHN DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10,, entrusted Defendant, LARRY MCCAIN, with their vehicle and failed to properly supervise him with reckless, wanton and willful disregard for the safety of others on the road, including the safety of Plaintiffs, Brittany Kee, Karin Kee and Hunter Chew. 12. As a direct and proximate result of the reckless, willful and wanton disregard by HORIZON SERVICES, LLC, AND/OR JOHN DOES 1-10, JOHN DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10, as aforesaid, the Plaintiffs, Brittany Kee, Karin Kee and Hunter Chew, were injured both grievously and irreversibly, they have in the past and will in the future be plagued by great pain, shock and mental anguish. They have been forced to incur ruinous diverse expenses for medical, hospital and nursing attention in an effort alleviate the injuries from which they are suffering; they have in the past and will in the future CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 5 of 7 Trans ID: LCV20233359136 be prevented from attending to their lawful affairs and occupation. WHEREFORE, Plaintiffs, Brittany Kee, Karin Kee and Hunter Chew, hereby demands judgment against the Defendant, HORIZON SERVICES, LLC, AND/OR JOHN DOES 1- 10, JOHN DOES, INC. 1-10, JOHN DOES, LLC 1-10 AND JOHN DOES LEASING 1-10, on this Count for punitive damages together with lawful interest, court costs, attorney's fees and such other and further relief as the court shall deem equitable and just. FOURTH COUNT Plaintiffs, Brittany Kee, Karin Kee and Hunter Chew, incorporates the preceding paragraphs of this Complaint as if the same were set forth herein at length. 13. At the time and place aforesaid, the Defendant, LARRY MCCAIN, operated said motor vehicle with reckless, wanton and willful disregard for Plaintiffs’ safety. 14. As a direct and proximate result of the said reckless, willful and wanton conduct of LARRY MCCAIN, as aforesaid, the Plaintiffs, Brittany Kee, Karin Kee and Hunter Chew, were injured both grievously and irreversibly, they have in the past and will in the future be plagued by great pain, shock and mental anguish. They have been forced to incur ruinous diverse expenses for medical, hospital and nursing attention in an effort alleviate the injuries from which they are suffering; they have in the past and will in the future be prevented from attending to their lawful affairs and occupation. WHEREFORE, Plaintiffs, Brittany Kee, Karin Kee and Hunter Chew, hereby demand judgment against the Defendant, LARRY MCCAIN, on this Count for punitive damages with lawful interest, court costs, attorney's fees and such other and further relief as the court shall deem equitable and just. FIFTH COUNT 15. Plaintiffs, Brittany Kee, Karin Kee and Hunter Chew, incorporate the preceding paragraphs of this Complaint as if the same were set forth herein at length. 16. At all times materials hereto plaintiffs were passengers in defendants, James Nicolson vehicle. CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 6 of 7 Trans ID: LCV20233359136 17. At all times materials hereto plaintiffs were passengers in defendants, James Nicolson vehicle which was being operated by James Nicholson without properly operating break lights in violations of Title 39 of the New Jersey Motor Vehicle Code. 18. The motor vehicle statutes establish standards of conduct for motorists on our highways and, under usual circumstances, the violation of motor vehicle statutes is evidence of negligence." Ewing v. Burke, 316 N.J. Super. 287, 293-94 (App. Div. 1998) (citing Paiva v. Pfeiffer, 229 N.J. Super. 276, 280 (App. Div. 1988)). 19. No person shall drive, move, park or be in custody of on any highway any motor vehicle not equipped and operable as herein required. N.J.S. § 39:3-66 20. As a direct and proximate result of the negligent maintenance, alleged herein, the Plaintiffs, Brittany Karin Kee and Hunter Chew, were injured both grievously and irreversibly, they have in the past and will in the future be plagued by great pain, shock and mental anguish. They have been forced to incur ruinous diverse expenses for medical, hospital and nursing attention in an effort alleviate the injuries from which they are suffering; they have in the past and will in the future be prevented from attending to their lawful affairs and occupation. WHEREFORE, Plaintiff, Brittany Kee, Karin Kee and Hunter Chew, demands judgment against the Defendant, James Nicholas on this Count for damages together with interest and costs of suit. HARK & HARK A Partnership of Professional Corporations Jeffrey S. Hark BY: JEFFREY S. HARK, ESQUIRE Date: November 13, 2023 DEMAND FOR JURY TRIAL Plaintiffs, BRITTANY KEE, KARIN KEE AND HUNTER CHEW, demand a trial by jury as to all issues in accordance with New Jersey Rules of Civil Practice. CERTIFICATION UNDER RULE 4:5-1 CAM-L-001028-23 11/14/2023 11:09:09 AM Pg 7 of 7 Trans ID: LCV20233359136 It is hereby certified that this matter in controversy is not the subject of any other action pending in any Court or of a pending arbitration proceeding, nor is any other action or arbitration contemplated. Counsel is further unaware of any other parties who should be joined in this action. NOTICE OF DESIGNATION OF TRIAL COUNSEL Please be notified that pursuant to Rule 4:25-4, JEFFREY S. HARK, ESQUIRE, is hereby designated as trial counsel in the above-captioned litigation on behalf of the firm of HARK & HARK. HARK & HARK A Partnership of Professional Corporations Jeffrey S. Hark BY: Jeffrey S. Hark, Esquire Dated: November 13, 2023