Chapter 32 - EXHIBIT 32B • SAMPLE AMENDED COMPLAINT FOR PREMISES LIABILITY — MINOR CHILD INJURED BY DANGEROUS CONDITION (AMENDED TO ADD REQUEST FOR EXEMPLARY| PUNITIVE DAMAGES AFTER C.R.C.P. 26 DISCLOSURES DEMONSTRATING WILLFUL AND WANTON CONDUCT)
| 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.: |
| FIRST AMENDED COMPLAINT AND JURY DEMAND[1 ] | |
Plaintiffs, by their counsel, complain against Defendant(s) as follows:
1. Plaintiffs [names of parents of injured child] are residents of [county] County of and are the natural parents, legal guardians, and next friends of [name of injured child], a minor, whose date of birth is [date].
2. Plaintiffs [names of parents of injured child] bring this action on their own behalf and on behalf of [name of injured child], a minor.
3. Defendant is [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)]. [If Defendant is not a resident of Colorado, add: As a nonresident of Colorado, Defendant is subject to the jurisdiction of this court pursuant to the Colorado Long-Arm Statute, as it has (if applicable, add: transacted business and) committed tortious acts within this State pursuant to C.R.S. § 13-1-124].
4. [If Defendant is a business, add: Defendant is a (type of business, such as: lodge and spa facility) with its principle place of business in (county) County, Colorado. 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 transaction of business and/or commission of a tort within this State).]
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], Plaintiffs and their minor child [name of injured child] were guests on the premises of Defendant, in particular to the [describe area of premises to which Plaintiffs were invited, such as: health club and swim and hot tub area of that facility].
8. On [date], [describe how minor child came to be injured, such as: (Name of injured child) approached one of the hot tubs and removed the cover in order for him and his family to enter and use the hot tub and, upon inserting his foot into the hot water at the entry steps of the hot tub, he received a scalding sensation, lost his footing, and slipped into the hot tub water up to his chest and was burned].
9. On [date], [describe dangerous condition on Defendant's premises, such as: Defendant operated and maintained a hot tub, in which (name of injured child) was injured,for use by its guests. On (date), there was no notice to (name of injured child) or to others that the hot tub was not to be used on (date). The temperature of the hot tub at the time (name of injured child) entered the water was in excess of 150 degrees F.].
10. As a result of [describe child's contact with dangerous condition, such as: entering and slipping into the hot tub] on [date], [name of injured child] sustained [describe injuries and damages, such as: first- and...
To continue reading
Request your trial