Personal Injury Complaint - Auto Accident

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [COUNTY]

[PLAINTIFF FULL LEGAL NAME], an individual,
  Plaintiff,

v.

[DEFENDANT DRIVER FULL LEGAL NAME], an individual;
[DEFENDANT OWNER FULL LEGAL NAME] (if different), an individual;
JOHN/JANE DOES I–X; ABC CORPORATIONS I–X; and XYZ PARTNERSHIPS I–X,
  Defendants.

Case No. _____________

COMPLAINT

(Personal Injury – Motor Vehicle Collision)

JURY TRIAL DEMANDED
CERTIFICATE REGARDING COMPULSORY ARBITRATION ATTACHED

TABLE OF CONTENTS

1. Definitions …………………………………………………………… §1
2. Parties ……………………………………………………………… §2
3. Jurisdiction and Venue ………………………………………… §3
4. General Allegations …………………………………………… §4

5. Causes of Action ………………………………………………… §5
   5.1 Count I – Negligence
   5.2 Count II – Negligence Per Se (optional)

6. Comparative Fault Statement ……………………………… §6

7. Damages …………………………………………………………… §7
8. Reservation of Rights & Amendments ………………… §8
9. Prayer for Relief ………………………………………………… §9
10. Demand for Jury Trial ………………………………………… §10
11. Certificate Re: Compulsory Arbitration ……………… §11
12. Signature Block ………………………………………………… §12

§1 DEFINITIONS

For purposes of this Complaint, the following terms have the meanings set forth below. Terms defined herein appear with Initial Capital Letters throughout this pleading.

1.1 “Accident” means the motor-vehicle collision that occurred on [DATE] at or near [ADDRESS / INTERSECTION], in [CITY], Arizona.

1.2 “Plaintiff” means [PLAINTIFF FULL LEGAL NAME], including all permitted successors and assigns.

1.3 “Defendant Driver” means [DEFENDANT DRIVER FULL LEGAL NAME].

1.4 “Defendant Owner” means [DEFENDANT OWNER FULL LEGAL NAME], if different from Defendant Driver and as the titled/registered owner of the Vehicle operated at the time of the Accident.

1.5 “Vehicle(s)” means the motor vehicles operated by Plaintiff and Defendant Driver at the time of the Accident.

§2 PARTIES

2.1 Plaintiff is, and at all relevant times was, a resident of [COUNTY], Arizona.

2.2 Defendant Driver is, on information and belief, a resident of [COUNTY/STATE] and may be served at [SERVICE ADDRESS].

2.3 Defendant Owner is, on information and belief, a resident of [COUNTY/STATE] and may be served at [SERVICE ADDRESS].

2.4 The fictitiously-named Doe / ABC / XYZ defendants are persons or entities whose identities are presently unknown. Plaintiff will amend this Complaint to allege their true names and capacities when ascertained.

§3 JURISDICTION AND VENUE

3.1 This Court has subject-matter jurisdiction pursuant to Ariz. Const. art. VI, § 14 and A.R.S. §§ 12-123 et seq., because the amount in controversy exceeds the jurisdictional minimum for the Superior Court and is not otherwise exclusively within the jurisdiction of any other court or tribunal.

3.2 Venue is proper in this County under A.R.S. § 12-401 because the Accident occurred in this County and/or Defendants reside or conduct business here.

3.3 Pursuant to Ariz. Rev. Stat. § 12-2505 (2023), Arizona follows a pure comparative-fault regime. Plaintiff brings this tort action consistent with that statutory framework.

§4 GENERAL ALLEGATIONS

4.1 On [DATE] at approximately [TIME] a.m./p.m., Plaintiff was lawfully operating the Plaintiff Vehicle in a [northbound/southbound/eastbound/westbound] direction on [STREET/ROUTE].

4.2 At the same time and place, Defendant Driver, operating the Defendant Vehicle owned by Defendant Owner, negligently [describe conduct – e.g., “failed to yield the right-of-way,” “ran a red light,” “drove at an excessive speed,” etc.].

4.3 Defendant Driver’s negligent acts and omissions caused a collision with Plaintiff’s Vehicle, resulting in severe personal injuries and property damage to Plaintiff.

4.4 At all material times, Plaintiff acted with due care, obeyed all applicable traffic laws, and was free of comparative fault. Nevertheless, should comparative fault become an issue, Plaintiff pleads in the alternative as set forth in §6 below.

4.5 As a direct and proximate result of Defendants’ negligence, Plaintiff sustained:

a. Past and future medical expenses;
b. Past and future pain, suffering, and emotional distress;
c. Lost wages and diminished earning capacity;
d. Property damage;
e. Incidental and consequential damages; and
f. Any other damages available under Arizona law.

4.6 Arizona’s Constitution forbids statutory caps on personal-injury damages. Ariz. Const. art. II, § 31.

§5 CAUSES OF ACTION

5.1 Count I – Negligence

5.1.1 Duty. Defendants owed Plaintiff a duty of reasonable care in the operation, ownership, maintenance, and/or control of the Defendant Vehicle.

5.1.2 Breach. Defendants breached that duty by, inter alia, [SPECIFIC BREACH DETAILS].

5.1.3 Causation. Defendants’ breach was the but-for and proximate cause of the injuries and damages alleged herein.

5.1.4 Damages. Plaintiff incorporates §4.5 by reference.

5.2 Count II – Negligence Per Se (Optional)

5.2.1 Defendants violated [INSERT SPECIFIC STATUTE/REGULATION], constituting negligence per se.
5.2.2 The statute was enacted to protect against the type of harm suffered by Plaintiff, and Plaintiff is within the class of persons the statute was designed to protect.
5.2.3 Plaintiff’s damages are the direct and proximate result of Defendants’ statutory violation(s).

§6 COMPARATIVE FAULT STATEMENT

6.1 Pursuant to A.R.S. § 12-2505, Plaintiff denies any comparative fault. In the alternative, if comparative fault is asserted, Plaintiff claims it does not exceed Defendants’ fault and will reduce damages only in the proportion determined by the trier of fact.

§7 DAMAGES

7.1 Plaintiff seeks all legally compensable damages, including exemplary or punitive damages if supported by clear and convincing evidence of aggravated or outrageous conduct.

7.2 No statutory cap applies to the damages sought herein. Ariz. Const. art. II, § 31.

§8 RESERVATION OF RIGHTS & AMENDMENTS

8.1 Plaintiff reserves the right to amend this Complaint pursuant to Ariz. R. Civ. P. 15 to conform to the evidence and to add additional parties or claims as discovery proceeds.

§9 PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendants, jointly and severally, for:

1. General damages in an amount to be proven at trial;
2. Special damages, including but not limited to medical expenses, lost wages, and property damage, in an amount to be proven at trial;
3. Punitive or exemplary damages as permitted by Arizona law;
4. Pre- and post-judgment interest at the maximum lawful rate;
5. Plaintiff’s costs incurred herein and, where applicable, reasonable attorney’s fees;
6. Such other and further relief as the Court deems just and proper.

§10 DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Ariz. R. Civ. P. 38 and the Seventh Amendment to the United States Constitution.

§11 CERTIFICATE REGARDING COMPULSORY ARBITRATION

Pursuant to Rule 72, Ariz. R. Civ. P., the undersigned certifies that the amount in controversy [exceeds / does not exceed] the jurisdictional limit for compulsory arbitration in [COUNTY] County. Accordingly, this case [is not / is] subject to compulsory arbitration.

§12 SIGNATURE BLOCK

Respectfully submitted this ___ day of [MONTH], [YEAR].

[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]

By: ___________________________________
   [ATTORNEY NAME], Esq.
   Arizona Bar No. [BAR #]
   Attorneys for Plaintiff

END OF COMPLAINT

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