I was so pissed off at the following incident I wrote up a lawsuit but never filed. Not an attorney but sometimes play one:
COMES NOW, the plaintiff, John Doe and for his COMPLAINT against the Defendant, state, allege and aver the following:
1. Plaintiff is and has been a duly licensed fisherman in the State of Colorado since 2009 and at all times material to this complaint has maintained his address at xxx, Boulder CO 80303.
2. At all times material to this Complaint, Defendant was a resident of the State of Colorado, with an address at xxx.
3. On July 17th 2011, John Doe was fishing on the North side of Big Creek Lakes with 2 fishing poles, a BIG red cooler, a chair and tackle box.
4. At around 11:30am Defendant driving a motor boat with registration number CL 1580 FR carelessly sped full speed into the shoreline where Plaintiff was fishing and docked sideways in front of plaintiff and his fishing poles.
5. Immediately upon docking 2 large dogs and 2 other individuals stormed the beach by jumping out of the boat and swarming the Plaintiff.
6. Plaintiff notified the Defendant that his boat just ran over the area where he was fishing and that lines were out and that he could not park his boat there.
7. Defendant told Plaintiff that the Plaintiff did not own the lake and that he was going to dock and offload his equipment whereas Defendant started throwing 25 -30 bags of gear if front of the plaintiff.
8. Plaintiff continued in no uncertain terms to tell Defendant he was not welcome at the spot and to use 1 of 2 boat ramps provided for the lake. Defendant refused citing that they have been camping for 5 days and that there was 6 of them and they had a lot of gear and that he was going to come back 2 more times to unload, which he did.
9. Plaintiff pointed out to defendant that they could back the boat trailer into the water at the boat ramp and pull forward to offload there. Defendant refused to do this.
10. Plaintiff told Defendant that he was going to report his boat registration number to the authorities. Defendant told Plaintiff that the authorities could not do anything about it.
11. The Defendant is in clear violation of 2011 Colorado Boating Regulation #218 paragraph 5.
#218 - PROHIBITED OPERATION
5 – No person shall operate or anchor a vessel within one hundred fifty feet of any person on shore engaged in fishing, except where narrow passages or coves make such operation restrictions impractical.
12. The Defendant is in clear violation of CRS 33-6-115.5 (b) and (c) by intentional interfering with lawful fishing activities by harassing Plaintiff and preventing a barrier with his boat and did this on 3 separate occasions between the hours of 11:30am and 1:30pm on July 17th, 2011.
CRS 33-6-115.5 (3) Any person who violates this section commits a misdemeanor and, upon conviction, shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars and an assessment of twenty license suspension points.
13. CRS 33-6-115.5 (4) states that any person convicted of a violation of this section shall be liable for all damages incurred by the individual whose lawful activity was obstructed and for all court costs of prosecution.
Claim For Relief
(Intentional interference of lawful fishing activities)
14. The Defendant by words and physical conduct prevented the Plaintiff from lawfully fishing.
15. The words and action by the Defendant were willful and wanton and motivated by sheer laziness.
16. Defendants malicious and unwarranted actions caused the Plaintiff emotional stress, fear, anxiety, humiliation, indignity, economic and other damages in an amount to be ascertained at trial.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests the Court to enter judgment in his favor and against defendant for the following relief:
a. Non-economic loses
b. Economic loses
c. Fees and costs as allowed by law
d. Pre and post judgment interest on all amounts as allowed by law and
e. such other and further relief as the Court deems just and appropriate in the premises.
PLAINTIFF DEMANDS TRIAL BY JURY ON ALL ISSUES HEREIN SO TRIABLE
DATED this _____ day of ________ July 2011.