Chapter 32 - EXHIBIT 32A • SAMPLE COMPLAINT FOR PREMISES LIABILITY — AGAINST RETAIL STORE — WITH CLAIM FOR NEGLIGENCE AGAINST ANOTHER CUSTOMER
| Jurisdiction | Colorado |
| [ ] 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 is a resident of [county] County, Colorado.
2. Defendant [name of defendant owner] is a [specify type of entity, such as: foreign corporation licensed to do business in the State of Colorado] and at all times pertinent operated a retail business store named [name of retail store] in [county] County at [street address] in [city], Colorado. [If defendant does not reside in or 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).]
3. Defendant [name of defendant customer] is a resident of [county] County, Colorado. [If defendant does not reside in Colorado, 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 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.]
5. 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.]
6. On [date], Plaintiff was a customer of the [name of retail store] store at [street address], and Plaintiff was shopping in the [department of store, such as: garden center] of that store when another customer, [name of defendant customer], [describe negligent act of defendant customer, such as: pushed a (name of retail store) lumber cart through an aisle, hit a water hose that had been placed across the aisle, lost control of the lumber cart and struck plaintiff across her lower legs, causing her to fall onto the cart and thereafter onto the cement floor].
7. As a result of [describe how plaintiff became injured, such as: the impact with the cart and the floor], Plaintiff suffered injuries and damages, including [describe injuries and damages, such as: injuries to her cervical spine and injuries to her discs, spinal cord, nerves and spine at L3-4 and L4-5 and L5-S1 as well as her sacroiliac joint and nerves, resulting in severe and disabling pain, loss of mobility, mental stress and loss of function in daily life, etc.].
8. [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.].
9. [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...
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