Personal Injury Complaint - Auto Accident

STATE OF CONNECTICUT

SUPERIOR COURT

JUDICIAL DISTRICT OF [JUDICIAL DISTRICT] AT [COURTHOUSE LOCATION]

CIVIL ACTION NO.: [DOCKET NO.]
RETURN DATE: [TUESDAY, MONTH DAY, YEAR]

COMPLAINT – MOTOR VEHICLE PERSONAL INJURY ACTION

I. PARTIES

1. Plaintiff, [PLAINTIFF NAME] (“Plaintiff”), is an individual residing at [PLAINTIFF ADDRESS], Connecticut.

2. Defendant, [DRIVER DEFENDANT NAME] (“Driver”), is an individual residing at [DRIVER ADDRESS], Connecticut, and at all relevant times was the operator of the motor vehicle described herein.

3. Defendant, [OWNER DEFENDANT NAME] (“Owner”), is an individual/entity with a principal place of business/residence at [OWNER ADDRESS], and at all relevant times was the owner of said motor vehicle and permitted Driver to operate it.

II. JURISDICTION AND VENUE

4. This Court has subject-matter jurisdiction under Conn. Gen. Stat. § 51-164s (Superior Court is the sole court of original jurisdiction) and, pursuant to Conn. Gen. Stat. § 52-91, the amount, legal interest, or property in demand is fifteen thousand dollars ($15,000.00) or more, exclusive of interest and costs.

5. Venue is proper in this Judicial District pursuant to Conn. Gen. Stat. § 51-345 because one or more defendants reside in, or the cause of action arose within, this District.

III. FACTUAL ALLEGATIONS

6. On or about [DATE], at approximately [TIME], Plaintiff was lawfully operating a [YEAR/MAKE/MODEL] motor vehicle eastbound on [ROADWAY], in [TOWN], Connecticut.

7. At that same time and place, Driver was operating a [YEAR/MAKE/MODEL] motor vehicle owned by Owner in the same vicinity.

8. Driver, suddenly and without warning, [STRUCK/REAR-ENDED/FAILED TO YIELD TO] Plaintiff’s vehicle, causing a collision (the “Collision”).

9. As a direct and proximate result of the Collision, Plaintiff sustained serious and painful personal injuries, incurred medical expenses, experienced lost wages and impairment of earning capacity, and endured significant physical and emotional pain and suffering, all of which are either permanent or likely to continue into the future.

10. Connecticut is a fault (tort liability) state, not a no-fault state; Plaintiff has complied with all conditions precedent to the initiation of this action, including, without limitation, exhaustion of any applicable first-party medical-payments (MedPay) benefits under Plaintiff's own policy and any pre-suit notice requirements where applicable.

IV. COUNT ONE – NEGLIGENCE (Against Driver)

11. Plaintiff repeats and realleges ¶¶1–10 as if fully set forth herein.

12. Driver owed Plaintiff a duty to operate the motor vehicle with reasonable care, to obey all applicable traffic laws, and to maintain proper control and lookout.

13. Driver breached that duty in one or more of the following ways:

a. Operating the vehicle at an unreasonable, improper, and unsafe speed;
b. Failing to keep a proper lookout for other vehicles lawfully upon the roadway;
c. Following Plaintiff’s vehicle more closely than was reasonable and prudent;
d. Failing to apply brakes in time to avoid the Collision;
e. Failing to remain within a single lane;
f. Otherwise operating the vehicle in violation of Connecticut motor-vehicle statutes and the common law duty of reasonable care.

14. Driver’s negligence was the direct and proximate cause of the injuries and damages described in ¶9.

V. COUNT TWO – NEGLIGENCE PER SE (Statutory Violations Against Driver)

15. Plaintiff repeats and realleges ¶¶1–14 as if fully set forth herein.

16. At the time of the Collision, Driver was violating one or more Connecticut motor-vehicle statutes enacted for the safety of persons such as Plaintiff, including but not limited to statutes regulating speed, following distance, lane usage, right-of-way, and operation under the influence.

17. Such statutory violations constitute negligence per se, directly and proximately causing Plaintiff’s injuries and damages.

VI. COUNT THREE – RECKLESS DISREGARD (Conn. Gen. Stat. § 14-295)

18. Plaintiff repeats and realleges ¶¶1–17 as if fully set forth herein.

19. Driver’s conduct was in violation of the specific statutes enumerated in Conn. Gen. Stat. § 14-295 and was performed with reckless disregard for the rights and safety of others, including Plaintiff.

20. Pursuant to Conn. Gen. Stat. § 14-295, Plaintiff seeks an award of double or treble damages.

VII. COUNT FOUR – VICARIOUS LIABILITY (Against Owner)

21. Plaintiff repeats and realleges ¶¶1–20 as if fully set forth herein.

22. At all relevant times, Owner owned the vehicle operated by Driver and expressly or impliedly gave Driver permission to operate it.

23. Under the doctrine of vicarious liability and Conn. Gen. Stat. § 52-183, Owner is legally responsible for Driver’s negligence and recklessness alleged herein.

VIII. DAMAGES

24. As a direct and proximate result of Defendants’ acts and omissions, Plaintiff has sustained:

a. Past and future medical expenses;
b. Past and future lost wages and impairment of earning capacity;
c. Permanent and/or temporary disability;
d. Physical pain and suffering;
e. Mental anguish and emotional distress;
f. Loss of enjoyment of life and usual activities;
g. Property damage; and
h. Other economic and non-economic damages to be proven at trial.

25. The amount in demand is greater than Fifteen Thousand Dollars ($15,000.00), exclusive of interest and costs.

IX. COMPARATIVE NEGLIGENCE NOTICE

26. Pursuant to Conn. Gen. Stat. § 52-572h(b), Plaintiff’s recovery shall be diminished by the percentage of negligence, if any, attributable to Plaintiff, but recovery shall not be barred unless Plaintiff’s negligence is greater than the combined negligence of the person or persons against whom recovery is sought (i.e., Plaintiff is barred only if Plaintiff's own fault exceeds 50%).

27. Pursuant to Conn. Gen. Stat. § 52-572h(c)–(d), if more than one Defendant is found negligent, each such Defendant is liable to Plaintiff only for that Defendant's proportionate share of both the recoverable economic damages and the recoverable noneconomic damages (several, not joint-and-several, liability among multiple negligent tortfeasors), except as otherwise provided by subsection (g) of that statute (e.g., certain reallocation among defendants unable to pay their share) or other applicable law.

X. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendants — with Owner's vicarious liability for Driver's conduct coextensive with Driver's own liability, and with liability among any additional negligent Defendants apportioned in accordance with Conn. Gen. Stat. § 52-572h (several liability for each Defendant's proportionate share of economic and noneconomic damages, except as otherwise provided by law) — and award:

1. Compensatory damages in an amount to be determined by the trier of fact;
2. Double or treble damages under Conn. Gen. Stat. § 14-295 (Count Three);
3. Pre-judgment and post-judgment interest as allowed by law;
4. Costs of suit;
5. Such other and further relief as the Court deems just and proper.

XI. JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable.

XII. DESIGNATION FOR COURT-ANNEXED ARBITRATION

☐ Plaintiff elects to submit this case to court-annexed arbitration in accordance with Conn. Gen. Stat. § 52-549u et seq.
☐ Plaintiff does not elect arbitration at this time.

XIII. NOTICE REGARDING PRE-JUDGMENT REMEDIES

Plaintiff reserves the right to seek a pre-judgment remedy pursuant to Conn. Gen. Stat. § 52-278a et seq.

XIV. SIGNATURE BLOCK

Respectfully submitted,

PLAINTIFF,
[PLAINTIFF FULL LEGAL NAME]

By: ____________________________________
[ATTORNEY NAME] (Juris No. ______)
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY, STATE, ZIP]
Tel: [PHONE] | Fax: [FAX]
Email: [EMAIL]
Its Attorney

XV. CERTIFICATION OF SERVICE

I hereby certify that a copy of the foregoing Complaint was or will be mailed or delivered electronically to all counsel and pro se parties of record in accordance with Practice Book § 10-14 on this [DAY] day of [MONTH], [YEAR].

/s/ [ATTORNEY NAME]
[ATTORNEY NAME]

END OF DOCUMENT