Chapter 28 - EXHIBIT 28A • SAMPLE COMPLAINT FOR NEGLIGENT ENTRUSTMENT
| Jurisdiction | Colorado |
| District 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 as follows:
1. Plaintiff is, and at all relevant times was, a resident of [county] County, Colorado.
2. Defendant is, and at all relevant times was, a resident of [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. This Court has subject matter jurisdiction 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.]
5. Venue is proper in this Court 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.]
6. On or about [insert date(s)], Defendant entrusted and supplied a [firearm or motor vehicle] to [Defendant's minor child (name) or name of other third party].
7. Due to his youth and inexperience, Defendant's minor child, [name], was unfit to be entrusted with a [firearm or motor vehicle].
8. At the time that he entrusted [name] with the [firearm or motor vehicle], Defendant knew or had reason to know of [name]'s unfitness.
9. At the time that he entrusted [name] with the [firearm or motor vehicle], it was foreseeable that [name] would negligently injure a third party with the [firearm or motor vehicle].
10. Thereafter, [name] did, in fact, injure Plaintiff, due to his/her negligent operation of the [firearm or motor vehicle].
11. Under these circumstances, Defendant's act of entrusting [name] with the [firearm or motor vehicle] constituted the cause-in-fact and proximate cause of Plaintiff's injuries.
12. As a result of Defendant's act of entrustment of the [firearm or motor vehicle] to [name], Plaintiff suffered injuries, including [describe, such as: injuries to his face, head, and neck, a concussion, lacerations].
13. [If applicable] As a direct and proximate result of Defendant's act of entrustment, Plaintiff incurred economic losses, including [specify economic losses, including hospitalizations, medical treatment, physical therapy, prescription medication, lost income, loss of earning capacity, etc.].
14. [If applicable] As a direct and proximate result of Defendant's act of entrustment, Plaintiff has been permanently impaired...
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