…… TO THE HONORABLE COURT
Request for Provisional Measures
…….
PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANT: …….
SUBJECT: Subject to our right to claim additional damages, we request the collection of material damages with legal interest from the date of the incident and request precautionary measures.
EXPLANATIONS: 1-The single-story masonry building belonging to our client at the address ……. was not damaged in the earthquake that occurred in our region on August 17, 1999. However, after the earthquake, the defendant company, which was carrying out debris removal work in the area, caused damage to our client’s single-story building and rendered it uninhabitable when the heavily damaged building under construction next to our client’s house collapsed onto it during demolition.
2-Upon learning of this situation, our client applied to the ……. Civil Court of Peace for an assessment. The Expert Report issued in the file numbered ……. D. İş Esas and ……. D. İş Karar of the ……. Civil Court of Peace dated ……. stated that the building belonging to our client had load-bearing brick walls that retained their rigidity and that damage had occurred to the walls and roof as a result of the collapse of the adjacent building.
3-Not satisfied with this report, our client applied to the ……. Municipality on ……. date, and upon this application, our client was given a report signed by the ……. Municipality Debris Manager, Civil Engineer ……. This report states that it was determined that the single-story building belonging to our client collapsed due to the adjacent building under construction collapsing on top of it.
4-As can be understood from the Expert Report and the Report, the defendant company caused damage to our client’s building during the demolition of the building under construction and rendered it uninhabitable.
5-As a result of the defendant company’s wrongful act, it has become necessary to file this lawsuit to compensate our client for the damage caused and to request a precautionary measure to secure our claim and prevent further victimization due to the defendant company’s abandonment of the work.
LEGAL GROUNDS: BK., HUMK. And Relevant Legislation
EVIDENCE:
1-….. SHM ../…. D. Case File Number,
2-Minutes dated …….
3-Discovery and Expert Examination,
4-Witnesses,
5-Legal and Discretionary Other Evidence, etc.
RESPONSE PERIOD: 10 days
RESULT OF THE CLAIM: Subject to our right to claim and sue for excess, we request that ……. material compensation be collected from the defendant with legal interest from the date of the incident, and that our claim be secured by placing a lien on the defendant’s …… Provincial Directorate of Public Works and Housing, and that the defendant be ordered to pay the costs of the proceedings, and that the opposing party’s attorney’s fees be awarded to us as attorneys, pursuant to the last paragraph of Article 164 of the Attorney Act No. 1136, as amended by Act No. 4667.
PLAINTIFF’S ATTORNEY