Chapter 27 - EXHIBIT 27A • SAMPLE COMPLAINT FOR NEGLIGENCE — AUTO ACCIDENT — WITH CLAIMS FOR NEGLIGENCE PER SE, RESPONDEAT SUPERIOR, AND DIRECT CLAIM AGAINST EMPLOYER
| Jurisdiction | Colorado |
EXHIBIT 27A • SAMPLE COMPLAINT FOR NEGLIGENCE — AUTO ACCIDENT — WITH CLAIMS FOR NEGLIGENCE PER SE, RESPONDEAT SUPERIOR, AND DIRECT CLAIM AGAINST EMPLOYER
| [ ] District Court [ ] County Court __________ County, Colorado Court Address: | COURT USE ONLY |
| Plaintiff(s): v. Defendant(s): | |
| Attorney or Party Without Attorney (Name and Address) Phone Number: FAX Number: E-mail: Atty. Reg. #: | Case Number: Div.: Ctrm.: |
| COMPLAINT AND JURY DEMAND[1 ] | |
Plaintiff, by his/her/its counsel, complains against Defendant(s) as follows:
1. Plaintiff [name] is, and at all times pertinent to this cause was [a resident of (county) County, Colorado OR a (type of business entity) organized under the laws of (state) with its principal place of business at (street address), (city), (state and zip code)].
2. Defendant [name of defendant driver] is a resident of the [county] County, Colorado.
3. [If applicable: Defendant [name of defendant company] is a [specify, such as: (type of business entity) organized under the laws of (state) with its principal place of business at (street address), (city), (state and zip code).] [If Defendant is not organized under Colorado law, add: Defendant is subject to the jurisdiction of this court pursuant to the Colorado Long-Arm Statute, because (insert applicable reasons under C.R.S. § 13-1-124, such as the transacted business and/or commission of a tort within this State).]
4. [If applicable: Defendant (name of defendant driver) was an employee of Defendant (name of defendant company) at all relevant times.]
5. This court has jurisdiction over the subject matter at issue because this is a civil action for damages and/or equitable relief. Colo. Const. Art. VI, § 9(1). [Adjust as needed to address requirements of federal rules or statutes.]
6. Venue in this court is proper pursuant to [specify basis for venue, per C.R.C.P. 98, and cite relevant subsection of C.R.C.P. 98]. [Adjust as needed to address requirements of federal rules or statutes.]
7. On [date], Defendant [name of defendant driver] was the driver of a [describe vehicle by make and model] owned by Defendant [name of defendant company], traveling [specify direction of travel, such as: southbound] on [name of street or highway] in [county] County, Colorado, when Defendant collided with the [specify part of plaintiff's vehicle struck by defendant, such as: rear or passenger side] of a [describe vehicle by make and model] owned or operated by Plaintiff causing substantial damage to that vehicle.
8. Defendant [name of defendant driver] owed duties to Plaintiff and others to operate the [describe vehicle, such as: tractor-trailer] with reasonable care.
9. Defendant [name of defendant driver] breached those duties and negligently operated the [describe vehicle, such as: tractor-trailer] causing property damage to Plaintiff's vehicle [if applicable, add: and the loss of use of the vehicle in plaintiff's business].
10. As a result of Defendant's negligent operation of the vehicle, Plaintiff suffered personal physical injuries and damages including [describe, such as: injuries to his face, head, and neck, a concussion, lacerations].
11. [If applicable] As a direct and proximate result of Defendant's conduct, Plaintiff incurred economic losses, including [specify economic losses, including hospitalizations, medical treatment, physical therapy, prescription medication, lost income, loss of earning capacity, etc.].
12. [If applicable] As a direct and proximate result of Defendant's conduct, Plaintiff has been permanently impaired in [his or her] ability to [specify impairments either in employment, or activities of daily living].
13. [If applicable] As a direct and proximate result of Defendant's conduct, Plaintiff has incurred non-economic losses, including [specify pain and suffering, emotional distress, psychological diagnoses or trauma, etc.].
14. Plaintiff incorporates the foregoing allegations.
15. Defendant owed...
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