Personal Injury Complaint - Auto Accident - Kentucky

COMMONWEALTH OF KENTUCKY

[___] CIRCUIT COURT – DIVISION [___]

CIVIL ACTION NO. __________________

______________________________________________________________________________

COMPLAINT
(Personal Injury – Auto Accident)
______________________________________________________________________________

JURY TRIAL DEMANDED
[OPTIONAL] ALTERNATIVE DISPUTE RESOLUTION REQUESTED
______________________________________________________________________________

TABLE OF CONTENTS

1. Preliminary Statement
2. Jurisdiction & Venue
3. Parties
4. Definitions
5. Factual Allegations

6. Causes of Action
   6.1 Negligence
   6.2 Negligence Per Se – Statutory Violations

7. Comparative Fault Allegations

8. Damages
9. Reservation of Rights & Conditions Precedent
10. Prayer for Relief
11. Demand for Jury Trial
12. Verification
13. Certificate of Service

1. Preliminary Statement

1. Plaintiff brings this civil action for personal injuries and related damages arising out of a motor-vehicle collision that occurred on [DATE] on [ROADWAY/LOCATION], within the Commonwealth of Kentucky (the “Accident”).
2. Plaintiff’s medical expenses exceed the tort threshold under KRS § 304.39-060(2)(b) (benefits payable as "medical expense" exceeding one thousand dollars ($1,000)), and/or Plaintiff sustained a qualifying injury under KRS § 304.39-060(2)(b) (permanent disfigurement, bone fracture, permanent injury, permanent loss of bodily function, or death), and/or Defendant had rejected the no-fault tort limitations under KRS § 304.39-060(4), thereby permitting this tort action outside Kentucky’s Motor Vehicle Reparations Act (“MVRA”) no-fault limitations.
3. This action is timely filed within the two-year limitations period applicable to motor-vehicle personal-injury actions under KRS § 304.39-230(6), which runs from the date of the Accident or the date of the last basic or added reparation (PIP) benefit payment, whichever is later.

2. Jurisdiction & Venue

4. This Court has subject-matter jurisdiction pursuant to Ky. Const. § 112(5) and KRS § 23A.010, as the Circuit Court is a court of general jurisdiction over justiciable causes not exclusively vested in another court.
5. Venue is proper in this Circuit under KRS § 452.460 because Defendant resides in this county and/or the Accident (injury) occurred in this county. [IF DEFENDANT IS A CORPORATION: Venue is alternatively proper under KRS § 452.450 in the county of Defendant's office, place of business, or registered agent.]

3. Parties

6. Plaintiff [PLAINTIFF NAME] is an individual residing at [ADDRESS], and at all relevant times was a “person” under KRS § 446.010(33).
7. Defendant [DEFENDANT NAME] is an individual residing at [ADDRESS] and may be served with process at [SERVICE ADDRESS].
8. [OPTIONAL] Defendant [DEFENDANT CORPORATE NAME] is a corporation organized under the laws of [STATE] with its principal place of business at [ADDRESS] and may be served through its registered agent, [AGENT NAME], at [AGENT ADDRESS].

4. Definitions

9. “Accident” means the motor-vehicle collision described in Section 5 below.
10. “Vehicle” means the [MAKE/MODEL/YEAR/LIC. NO.] operated by Defendant at the time of the Accident.
11. “Injuries” means the bodily injury, pain, suffering, mental anguish, medical expenses, lost wages, and other losses sustained by Plaintiff as a direct and proximate result of the Accident.

5. Factual Allegations

12. On [DATE] at approximately [TIME], Plaintiff was lawfully operating [PLAINTIFF VEHICLE] in a [north-/south-]bound direction on [ROADWAY] near mile-marker [MM] in [COUNTY], Kentucky.
13. Defendant, driving the Vehicle in the same vicinity, failed to [e.g., maintain control/yield the right-of-way/obey a traffic signal] and collided with Plaintiff’s vehicle.
14. At all times relevant, Plaintiff exercised due care and obeyed all applicable traffic laws.
15. The Accident occurred solely due to Defendant’s negligence and statutory violations, set forth more fully below.
16. As a direct and proximate result of Defendant’s conduct, Plaintiff sustained the Injuries and damages described herein.

6. Causes of Action

6.1 Count I – Negligence

17. Plaintiff realleges Paragraphs 1–16 as if fully restated.
18. Defendant owed Plaintiff a duty to operate the Vehicle with reasonable care under the circumstances.
19. Defendant breached that duty by, inter alia, failing to keep a proper lookout, traveling at an excessive speed, and violating applicable traffic regulations.
20. Defendant’s breach was the direct and proximate cause of the Accident and Plaintiff’s Injuries.
21. Plaintiff has incurred, and will continue to incur, medical expenses, lost wages, pain and suffering, and other damages.

6.2 Count II – Negligence Per Se (Violation of Statutory Duties)

22. Plaintiff realleges Paragraphs 1–21.
23. At the time of the Accident, Defendant violated one or more provisions of the Kentucky Revised Statutes and/or Kentucky Administrative Regulations, including but not limited to KRS § 189.290 (reckless driving) and KRS § 189.390 (speeding).
24. Such statutory violations constitute negligence per se, establishing Defendant’s breach of duty as a matter of law.
25. These statutory violations proximately caused Plaintiff’s Injuries and damages.

7. Comparative Fault Allegations

26. Under Kentucky’s pure comparative fault system, KRS § 411.182, Plaintiff’s recovery shall be diminished only by any proportion of fault, if any, attributable to Plaintiff, which Plaintiff denies. Kentucky imposes no percentage-of-fault bar to recovery; a plaintiff may recover a proportionate award even if found more than fifty percent (50%) at fault.
27. Plaintiff affirmatively pleads that the Accident was caused wholly or predominantly by Defendant’s negligence and statutory violations.

8. Damages

28. Plaintiff seeks all compensatory damages permitted under Kentucky law, including:
    a. Past and future medical expenses (estimated at $[___]);
    b. Past and future pain, suffering, and mental anguish;
    c. Past and future lost wages and diminished earning capacity;
    d. Property damage to Plaintiff’s vehicle and personal property;
    e. Pre-judgment and post-judgment interest as allowed by law; and
    f. Court costs and any other relief the Court deems just.

29. Plaintiff seeks punitive damages if clear and convincing evidence shows Defendant's conduct amounted to gross negligence, including wanton or reckless disregard for the lives, safety, or property of others. KRS § 411.184(2); Williams v. Wilson, 972 S.W.2d 260 (Ky. 1998). The restrictive malice definition in KRS § 411.184(1)(c) does not exclude a supported gross-negligence claim.

30. Kentucky imposes no statutory dollar cap on compensatory or punitive damages for personal injury. Ky. Const. § 54 provides that "[t]he General Assembly shall have no power to limit the amount to be recovered for injuries resulting in death, or for injuries to person or property," and no such cap presently exists in Kentucky law.

9. Reservation of Rights & Conditions Precedent

31. All conditions precedent to the filing of this action, including compliance with MVRA notice requirements, have been performed or have occurred.
32. Plaintiff reserves the right to amend this Complaint to assert additional claims and parties as discovery warrants.
33. Plaintiff reserves the right to engage in voluntary mediation or binding/non-binding arbitration pursuant to Ky. CR 1 and local ADR rules.

10. Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that the Court:
A. Enter judgment in favor of Plaintiff and against Defendant in an amount exceeding the jurisdictional minimum, to be determined by the jury;
B. Award compensatory and, where proven, punitive damages;
C. Award pre- and post-judgment interest;
D. Award costs of this action and reasonable attorney fees as permitted by law;
E. Issue all other and further relief, legal or equitable, to which Plaintiff may appear entitled.

11. Demand for Jury Trial

Pursuant to Ky. Const. § 7 and Ky. CR 38.02, Plaintiff hereby demands a trial by a fair and impartial jury on all issues so triable.

12. Verification

I, [PLAINTIFF NAME], verify under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.
[DATE]

_____________________________________
[PLAINTIFF NAME]

13. Certificate of Service

I hereby certify that on this ____ day of __________, 20___, a true and correct copy of the foregoing was served via [method of service] upon:

[DEFENSE COUNSEL NAME]
[LAW FIRM]
[ADDRESS]
[EMAIL]

_____________________________________
[ATTORNEY NAME], Esq.
[KBA No. _________]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff