Dram Shop Liability Complaint - North Dakota

IN THE DISTRICT COURT OF [COUNTY] COUNTY, NORTH DAKOTA

[JUDICIAL DISTRICT] JUDICIAL DISTRICT

Civil No. [________________]

COMPLAINT FOR FAULT RESULTING FROM INTOXICATION

Parties, jurisdiction, and venue

1. Plaintiff [NAME] is an individual residing in [COUNTY, STATE] who was injured by the obviously intoxicated individual identified below. Plaintiff's claim is not brought on behalf of the intoxicated individual, that individual's estate or personal representative, or an adult passenger in an automobile driven by the intoxicated individual or that passenger's estate or personal representative. N.D. Cent. Code § 5-01-06.1(3).
2. Defendant [NAME] is [an individual residing in / a business organized under the law of] [STATE]. Defendant [sold / disposed of / bartered / gave away] alcoholic beverages at [PLACE].
3. This Court has civil jurisdiction under N.D. Cent. Code § 27-05-06.
4. Venue is proper in [COUNTY] County because [an individual Defendant resided here when this action commenced under § 28-04-05 / a domestic corporate or LLC Defendant transacts business here under § 28-04-04]. [If relying on another venue route, identify its statute and facts.]

Statutory claim

5. On [DATE], Defendant knowingly [sold / disposed of / bartered / gave away] alcoholic beverages to [INTOXICATED INDIVIDUAL NAME] when that individual was [obviously intoxicated / under twenty-one years old / incompetent]. Facts showing Defendant's knowledge and the applicable condition are [OBSERVED SIGNS, AGE EVIDENCE, COMMUNICATIONS, AND OTHER SPECIFIC FACTS].
6. [NAME] was obviously intoxicated when [DESCRIBE CONDUCT AND OBSERVED SIGNS]. That individual injured Plaintiff by [DESCRIBE INJURIOUS ACT, DATE, PLACE, AND CAUSAL SEQUENCE].
7. Defendant's knowing provision of alcohol under the circumstances alleged contributed to the intoxication and resulting injury. Plaintiff suffered [DESCRIBE ACTUAL INJURIES AND LOSSES].
8. Under N.D. Cent. Code § 5-01-06.1(1), Plaintiff seeks relief for Defendant's fault in knowingly providing alcohol to an individual in the statutory category who, while obviously intoxicated, injured Plaintiff.

Fault and damages

9. Plaintiff denies comparative fault. If Plaintiff is found at fault, N.D. Cent. Code § 32-03.2-02 reduces damages proportionally and bars recovery only if Plaintiff's fault is as great as the combined fault of all other persons who contributed to the injury.
10. Plaintiff seeks proven economic damages for [MEDICAL CARE / LOST EARNINGS / OTHER MONETARY LOSS] and noneconomic damages for [PAIN / IMPAIRMENT / EMOTIONAL DISTRESS / OTHER NONPECUNIARY LOSS], as applicable under § 32-03.2-04.

Prayer for relief

Plaintiff requests judgment against Defendant for:

A. Economic damages in the amount proved at trial;
B. Noneconomic damages [in a specific amount below $50,000: AMOUNT / if seeking $50,000 or more: a reasonable sum but not less than fifty thousand dollars], as required by § 32-03.2-07;
C. Interest and taxable costs to the extent allowed by applicable law; and
D. Other relief the Court finds proper.

Jury demand

Under N.D.R.Civ.P. 38, Plaintiff demands a jury trial on all issues triable of right by a jury. Plaintiff will serve and file this demand as Rule 38 requires.

Dated: [__/__/____]

[ATTORNEY NAME]
State Board of Law Examiners ID: [NUMBER]
[LAW FIRM, IF ANY]
[ADDRESS]
[CITY, STATE, ZIP]
Telephone: [NUMBER]
Email for electronic service: [EMAIL]

By: ____________________________
[ATTORNEY NAME], attorney for Plaintiff