Final Project

Part I:
Notice of Motion

Rutherford County Circuit Court

Jamie Blottner
Plaintiff,

NOTICE OF MOTION TO DISMISS

vs.
Dana Newton,
Defendant.

PLEASE TAKE NOTICE that upon the attached affidavit of Dana Newton, sworn on May
21, 2012, the exhibits attached to the affidavit, and upon proceedings in this case to date, the
defendant, Dana Newton will move this Court, at 8:30 A.M. on the 16th day of June, 2013,
Rutherford County Circuit Court, 20 North Public Square, Murfreesboro, Tennessee, for an Order
dismissing the Complaint on the grounds that the Complaint fails to state a cause of action
PLEASE TAKE FURTHER NOTICE that, answering papers if any must be served on the
undersigned no later than seven (7) days before the Motion s noticed to be heard.
Dated: New York, New York
May 16, 2013
Respectfully submitted,
(Signature)
Neven Domazet

Motion to Dismiss:
Rutherford County Circuit Court

Jamie Blottner
Plaintiff,

MOTION TO DISMISS

vs.
Dana Newton,
Defendant.
Pursuant to Tennessee Code Ann., Owner's Liability Section 471.20,), Defendant hereby moves
the Court to dismiss Plaintiffs Complaint for a failure to state a claim. The bases for this motion
to dismiss are provided in the accompanying memorandum for the Motion to Dismiss.
The plaintiff might prove his allegations, however the sufficient elements need to state a claim
have not been established by the complaint. Provided that the plaintiffs complaint does not
withhold the legal requirements needed for a claim to be valid, the defendant asserts that the
failure of the plaintiff to state a claim upon which relief can be granted.
Dated this 19th day of May, 2013.
____________________________
Attorney for Defendant

Order:

Rutherford County Circuit Court

Jamie Blottner
Plaintiff,

Order Granting Motion to Dismiss

vs.
Defendant.

Defendant moved this Court for an order to dismiss for failure to state a claim upon which
relief can be granted. Neven Domazet appeared for plaintiff and Mike Jankovich appeared for

defendant. Based on the arguments of the parties and the documents filed in support of the
motion, this Court finds good cause to grant the defendants motion because the plaintiff did not
state a claim against the defendant that can survive the motion;
IT IS ORDERED that the cause of action filed by the said plaintiff against the said defendant
shall be dismissed for the failure to state a claim on which relief can be approved because the
plaintiff has not alleged facts sufficient to fulfill each element of the state cause of action.
Signed this 19th day of May, 2013
________________________________________
Judge Steven Seagal

Part II:
Complaint:

Rutherford County Circuit Court

Jamie Blottner
Plaintiff,

COMPLAINT FOR DAMAGES

vs.
Dana Newton,
Defendant.

Jamie Blottner, plaintiff, complains against Dana Newton, defendant, and asserts the following in
support of his claim:
1. Jamie Blottner, the plaintiff is an adult residing at 433 N. Locust Street, Murfreesboro in
Portland County, Tennessee.
2. Dana Newtown, the defendant is an individual residing at N14587, County Road P.,
Roxbury in Portland County, Tennessee.
3. Jaime Blottner stepped into the almost finished house and started to look around. The
plaintiff turned around and noticed a large mixed breed dog running toward him.
4. Plaintiff alleges that dog stopped five feet from him. However the dog continued growling
and baring his teeth at the Plaintiff while moving slowly toward him.

5. Plaintiff alleges that due to the fall caused by the dog by acting viciously or mischievous,
by growling, and moving closer to the plaintiff, he has suffered two broken fingers, his leg
in two places, and suffered some contusions and cuts.
6. Plaintiff alleges that due to the fall his glasses had shattered which resulted in shards of
glass becoming implanted in both of his eyes as well as cheeks. To remove the glass from

his eyes and face as well as to position the broken leg the plaintiff had to undergo surgery.
As a result the plaintiff was not able to attend school for about two months.

7. Plaintiff alleges that the dog Scout receives shelter from the defendant in the back room
of the defendants house.
8. Plaintiff asserts that the neighbors of the defendant have seen the defendant provide the
dog Scout with dog food as well as scraps when the defendant butchers pigs or cattle.
9. Thus the plaint asserts that the defendant (Dana Newton) is the owner of the dog Scout,
and should be responsible for the damages stated above that were caused by the dog to the
plaintiff.
The Plaintiff requests that the court:
1. Award the plaintiff for the damages he has suffered as stated above.
Dated May 16, 2013
Latham and Watkins LLP
By__________________
Stevan Seagal
Part III:
Rutherford County Circuit Court
Jamie Blottner
Plaintiff,
vs.
Dana Newton,
Defendant.

COMPLAINT FOR DAMAGES

INTERROGATORIES

The plaintiff, requests that the defendant answer under oath, in accordance with civil procedure
the following interrogatories.

1. State your full name, age, residence and post office address, social security number, date
of birth and marital status.
2. Please state whether you are the owner of the farm located on N14587, County Road P.,
Roxbury in Portland County, Tennessee.
3. Are you familiar with the accident that took place on the evening of the April 3, this year?

4. Identify any person that you are aware of that may have knowledge of the facts and
circumstances of this case.
.
5. Please provide a statement that is clear, of the facts as to how you think the accident took
place.
6. Please identify who Billy Smathers is, and whether he is an employee on your farm.
7.

Please identified whether the dog responsible for the damages sustained by the plaintiff is
Scout.

8. Please state whether the dog responds when you call out Scout.

9. Please state whether you have provided the dog shelter by having the dog stay in the room
of the house.

10. Please provide an explanation from your point of view on what the relationship is
between you and the dog.
11. Please state whether the dog was tied at the night of the accident at the construction site.
12. Please state whether the dog runs free at night without any barriers of leaving the property
you own.

13. Please state whether the dog acts viciously or mischievously towards other individuals
other then the people living on the farm.
14. Please state whether you have provided the dog with food by feeding the dog food to the
dog.

Respectfully submitted by,

Neven Domazet
Dated: May 16, 2013
Attorney for Jamie Blottner