Construction Accident Complaint - Wyoming

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. First Cause of Action — Negligence
6. Second Cause of Action — Premises Liability
7. Third Cause of Action — Construction Safety Negligence
8. Fourth Cause of Action — Statutory Negligence
9. Fifth Cause of Action — Third-Party Liability
10. Damages
11. Comparative Fault
12. Jury Demand
13. Prayer for Relief
14. Verification
15. State-Specific Notes

CAPTION

IN THE DISTRICT COURT OF THE [____] JUDICIAL DISTRICT
IN AND FOR [________________________________] COUNTY, WYOMING

Civil Action No.: [________________________________]

COMPLAINT FOR DAMAGES — CONSTRUCTION ACCIDENT

I. PARTIES

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing at [PLAINTIFF ADDRESS], County of [____], State of Wyoming.

2. Defendant [DEFENDANT — GENERAL CONTRACTOR NAME] ("General Contractor") is a [corporation/LLC/partnership] organized under the laws of [STATE OF INCORPORATION], with its principal place of business at [DEFENDANT ADDRESS], and was at all relevant times the general contractor for the construction project described herein.

3. Defendant [DEFENDANT — PROPERTY OWNER NAME] ("Property Owner") is [an individual/a corporation/an LLC] [with its principal place of business at / residing at] [ADDRESS], and was at all relevant times the owner of the premises where the construction accident occurred.

4. Defendant [DEFENDANT — SUBCONTRACTOR NAME] ("Subcontractor") is a [corporation/LLC/partnership] organized under the laws of [STATE], with its principal place of business at [ADDRESS], and was at all relevant times a subcontractor performing work at the construction site.

II. JURISDICTION AND VENUE

5. Subject-matter jurisdiction is alleged under Wyo. Const. art. 5, § 10 because the supported claim and prayer exceed the circuit court's exclusive original civil jurisdiction limit in Wyo. Stat. § 5-9-128(a)(i).

6. Venue is proper in [____] County pursuant to Wyo. Stat. § 1-5-109 because [the cause of action arose in this county / one or more Defendants reside or may be summoned in this county].

7. Plaintiff seeks recovery exceeding $50,000, exclusive of court costs, based on [IDENTIFY SUPPORTED INJURY LOSSES AND AMOUNTS]. Confirm these facts in good faith before filing in district court; an action with a prayer at or below that limit belongs in circuit court.

III. FACTUAL ALLEGATIONS

8. On or about [DATE OF ACCIDENT], Plaintiff was employed by [PLAINTIFF'S EMPLOYER] as a [JOB TITLE/TRADE] and was performing construction work at a construction site located at [CONSTRUCTION SITE ADDRESS], County of [____], Wyoming (the "Project").

9. The Project involved [BRIEF DESCRIPTION OF CONSTRUCTION PROJECT].

10. At the time of the accident, Plaintiff was engaged in [DESCRIPTION OF PLAINTIFF'S WORK ACTIVITY AT TIME OF ACCIDENT].

11. On the date of the accident, [DESCRIBE THE ACCIDENT IN DETAIL].

12. As a direct and proximate result of the accident, Plaintiff sustained the following injuries: [DESCRIBE INJURIES].

13. Before pleading a safety-standard theory, classify each Defendant's role, each employer and employee relationship, the worksite, the activity, the cited hazard, Wyoming State Plan coverage, and any federal-enforcement exception. Identify the exact current Wyoming OSHA chapter and provision—or the exact federal provision where federal OSHA retains enforcement—that applied to that Defendant and conduct on the incident date.

14. Defendants knew or should have known of the dangerous conditions at the construction site and failed to take reasonable steps to remedy or warn of such conditions.

IV. FIRST CAUSE OF ACTION — NEGLIGENCE

(Against All Defendants)

15. Plaintiff incorporates by reference all preceding paragraphs as though fully set forth herein.

16. Defendants owed Plaintiff a duty of reasonable care to maintain a safe construction site, to provide adequate safety equipment, to properly supervise work activities, and to ensure compliance with all applicable safety standards.

17. Defendants breached their duty of care by, among other things:

☐ Failing to provide adequate fall protection systems
☐ Failing to properly secure scaffolding and elevated work platforms
☐ Failing to maintain the construction site in a reasonably safe condition
☐ Failing to provide proper safety equipment and personal protective gear
☐ Failing to adequately train and supervise workers
☐ Failing to conduct adequate safety inspections
☐ Failing to warn of known hazardous conditions
☐ Failing to comply with applicable OSHA standards (29 C.F.R. Part 1926)
☐ Failing to comply with Wyoming OSHA standards
☐ [OTHER SPECIFIC NEGLIGENT ACTS OR OMISSIONS]

18. Defendants' negligence was the direct and proximate cause of Plaintiff's injuries and damages.

V. SECOND CAUSE OF ACTION — PREMISES LIABILITY

(Against Property Owner and General Contractor)

19. Plaintiff incorporates by reference all preceding paragraphs as though fully set forth herein.

20. At all relevant times, Defendant Property Owner owned, controlled, managed, and/or maintained the premises located at [CONSTRUCTION SITE ADDRESS].

21. Defendant General Contractor exercised control over the construction site and the means and methods of the work performed thereon.

22. Defendants had a duty to maintain the premises in a reasonably safe condition and to warn of known or discoverable hazards.

23. Defendants breached their duty by permitting dangerous conditions to exist on the premises, including but not limited to: [DESCRIBE UNSAFE CONDITIONS].

24. The dangerous conditions were the direct and proximate cause of Plaintiff's injuries and damages.

VI. THIRD CAUSE OF ACTION — CONSTRUCTION SAFETY NEGLIGENCE

(Against Defendants with a Supported Duty and Role)

25. Plaintiff incorporates by reference all preceding paragraphs as though fully set forth herein.

26. Defendant [NAME] controlled [DESCRIBE WORK OR SAFETY RESPONSIBILITY]. Plaintiff alleges that Defendant failed to use reasonable care in that work.

27. Defendant's alleged safety failures included [SELECT ONLY FACTS SUPPORTED BY EVIDENCE]:

☐ Unsafe scaffolding or platforms: [DESCRIBE]
☐ Missing fall protection: [DESCRIBE]
☐ Unsafe equipment operation: [DESCRIBE]
☐ Unsafe excavation: [DESCRIBE]
☐ Other unsafe conduct: [DESCRIBE]

28. Identify any Wyoming or federal safety standard only after confirming that it governed this Defendant, activity, and worksite on the incident date. Alleging a regulatory violation here does not itself establish a private regulatory damages claim or automatic negligence effect. See 29 U.S.C. § 653(b)(4).

29. The safety conduct alleged above supports Plaintiff's negligence claim and directly and proximately caused Plaintiff's injuries and damages.

VII. FOURTH CAUSE OF ACTION — STATUTORY NEGLIGENCE

(Against All Defendants)

30. Plaintiff incorporates by reference all preceding paragraphs as though fully set forth herein.

31. Defendant [________________________________] violated [insert the exact current provision] by [________________________________], after the employer, worksite, jurisdiction, effective-version, and protected-class gates above were confirmed.

32. Plaintiff was a member of the class of persons intended to be protected by such statutes and regulations.

33. The injuries suffered by Plaintiff are of the type the statutes and regulations were designed to prevent.

34. The legal effect of the proven violation is [________________________________], under current Wyoming authority [________________________________]. Delete this separate count if the cited law supplies no private claim or independent negligence-per-se route.

VIII. FIFTH CAUSE OF ACTION — THIRD-PARTY LIABILITY

(Against Defendants Other Than Plaintiff's Employer)

35. Plaintiff incorporates by reference all preceding paragraphs as though fully set forth herein.

36. At all relevant times, Plaintiff's direct employer was [EMPLOYER NAME], and Plaintiff was covered by workers' compensation insurance pursuant to Wyo. Stat. Title 27, Chapter 14 and the Wyoming Constitution, Art. 10, § 4.

37. Defendant [NAME] was [ROLE]. Defendant does not qualify for the exclusive remedy protection in Wyo. Stat. § 27-14-104(a) because [FACTS SHOWING DEFENDANT WAS NEITHER A CONTRIBUTING EMPLOYER NOR A CONTRIBUTING JOINT EMPLOYER; IF AN INDIVIDUAL, ADDRESS COEMPLOYEE STATUS AND CONDUCT]. Defendant's legal liability as a third party is alleged under Wyo. Stat. § 27-14-105(a).

38. These Defendants owed Plaintiff an independent duty of care that was separate and distinct from any duty owed by Plaintiff's direct employer.

39. These Defendants breached their independent duty of care, and such breach was a direct and proximate cause of Plaintiff's injuries and damages.

IX. DAMAGES

40. As a direct and proximate result of the Defendants' negligent, wrongful, and unlawful conduct, Plaintiff has suffered and continues to suffer the following categories of damages:

Economic Damages:

☐ Past medical expenses in the amount of $[AMOUNT]
☐ Future medical expenses estimated at $[AMOUNT]
☐ Past lost wages and earnings in the amount of $[AMOUNT]
☐ Future lost wages and diminished earning capacity estimated at $[AMOUNT]
☐ Rehabilitation and therapy costs in the amount of $[AMOUNT]
☐ Property damage in the amount of $[AMOUNT]
☐ Other economic losses: [DESCRIBE]

Noneconomic Damages:

☐ Physical pain and suffering
☐ Mental anguish and emotional distress
☐ Loss of enjoyment of life
☐ Permanent disability and disfigurement
☐ Loss of consortium (if applicable)

X. COMPARATIVE FAULT

41. Plaintiff alleges that any negligence attributable to Plaintiff, if any, was not more than fifty percent (50%) of the total fault and therefore does not bar recovery under Wyo. Stat. § 1-1-109.

42. Plaintiff's damages, if any comparative fault is found, shall be reduced in proportion to Plaintiff's percentage of fault pursuant to Wyo. Stat. § 1-1-109.

XI. JURY DEMAND

43. Plaintiff hereby demands a trial by jury on all issues so triable pursuant to Wyo. R. Civ. P. 38.

XII. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendants, each severally liable in proportion to that Defendant's percentage of fault as determined under Wyo. Stat. Ann. § 1-1-109(e) (Wyoming has abolished joint and several liability, subject to any applicable exception such as vicarious liability), as follows:

1. Compensatory damages, both economic and noneconomic, exceeding $50,000 exclusive of court costs, in an amount to be determined at trial;
2. Punitive damages where Defendants' conduct is shown to be willful, wanton, or reckless;
3. Pre-judgment and post-judgment interest as allowed by law;
4. Costs of suit and reasonable attorney's fees as permitted by law;
5. Such other and further relief as this Court deems just and proper.

XIII. VERIFICATION

STATE OF WYOMING
COUNTY OF [________________________________]

I, [PLAINTIFF FULL NAME], being first duly sworn, state that I am the Plaintiff in the above-entitled action, that I have read the foregoing Complaint, and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________________
[PLAINTIFF FULL NAME]

Subscribed and sworn to before me this [____] day of [________], [____].

_________________________________________
Notary Public
My Commission Expires: [__/__/____]

Respectfully submitted,

_________________________________________
[ATTORNEY NAME], Bar No. [____]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Wyoming [ZIP]
Telephone: [____]
Email: [____]

Attorney for Plaintiff

STATE-SPECIFIC NOTES — WYOMING

SOURCES AND REFERENCES

• Wyo. Stat. § 1-3-105(a)(iv)(C) — Four-year residual category
• Wyo. Stat. § 1-1-109 — Modified comparative fault
• Wyo. Stat. Title 27, Chapter 14 — Workers' Compensation Act
• Wyoming Constitution, Art. 10, § 4 — Workers' compensation
• Wyoming OSHA Standards / Rules — https://dws.wyo.gov/dws-division/osha/resources/osha-standards/
• Wyoming Secretary of State Rules Database — https://rules.wyo.gov/
• OSHA Wyoming State Plan — https://www.osha.gov/stateplans/wy
• McGarvin-Moberly Constr. Co. v. Welden, 897 P.2d 1310 (Wyo. 1995)
• Quin Blair Enterprises, Inc. v. Julien Constr. Co., 597 P.2d 945 (Wyo. 1979)
• 29 C.F.R. Part 1926 — Federal OSHA construction safety standards