Personal Injury Complaint - Auto Accident - Maine

STATE OF MAINE

[___] COUNTY, SUPERIOR COURT

Docket No.: CV-_____/_____

COMPLAINT AND DEMAND FOR JURY TRIAL

TABLE OF CONTENTS

1. Parties.............................................................................. 2
2. Jurisdiction and Venue............................................................... 2
3. General Allegations (Common to All Counts)........................................... 3
4. Count I – Negligence................................................................ 5
5. Count II – Negligence Per Se........................................................... 6
6. Comparative Fault Allegations (M.R.S. tit. 14, § 156)................................. 7
7. Damages.............................................................................. 7
8. Prayer for Relief.................................................................... 8
9. Jury Demand.......................................................................... 9
10. Reservation of Rights................................................................. 9
11. Verification & Rule 11 Certification................................................ 10
12. Signature Block..................................................................... 10

1. PARTIES

1.1 Plaintiff [PLAINTIFF FULL LEGAL NAME] (“Plaintiff”) is an individual resident of [CITY/TOWN], [COUNTY] County, Maine, with a principal address of [ADDRESS].

1.2 Defendant [DEFENDANT FULL LEGAL NAME] (“Defendant”) is an individual resident of [CITY/TOWN], [COUNTY] County, Maine / a business entity organized under the laws of [STATE] with its principal place of business at [ADDRESS].

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction pursuant to 4 M.R.S. § 105, as this action involves tort claims arising under the laws of the State of Maine. The Superior Court is Maine's trial court of general jurisdiction and has no monetary threshold for civil actions.

2.2 Personal jurisdiction is proper because Defendant resides in, maintains its principal place of business in, and/or committed the tortious acts giving rise to this action within the State of Maine.

2.3 Venue is proper in this Court under 14 M.R.S. § 501 because a substantial part of the events or omissions giving rise to these claims occurred in [___] County.

3. GENERAL ALLEGATIONS (COMMON TO ALL COUNTS)

3.1 On or about [DATE OF ACCIDENT] (the “Accident Date”), at approximately [TIME] a.m./p.m., Plaintiff was lawfully operating a [YEAR, MAKE, MODEL] motor vehicle (the “Plaintiff Vehicle”) in an easterly/westerly direction on [NAME OF ROAD/HIGHWAY] in [CITY/TOWN], Maine.

3.2 At the same time and place, Defendant was operating a [YEAR, MAKE, MODEL] motor vehicle (the “Defendant Vehicle”) in a[n] easterly/westerly direction on the same roadway.

3.3 Defendant, acting negligently, carelessly, and in violation of Maine motor-vehicle statutes and the common law duty of reasonable care, failed to keep a proper lookout, failed to maintain proper control, and collided with the Plaintiff Vehicle (the “Collision”).

3.4 As a direct and proximate result of Defendant’s conduct, Plaintiff sustained personal injuries, including but not limited to [LIST PHYSICAL INJURIES], incurred medical expenses, suffered lost wages, experienced pain and suffering, mental anguish, permanent impairment, and loss of enjoyment of life (collectively, the “Injuries and Damages”).

3.5 Plaintiff has complied with all conditions precedent to the filing of this action, if any were required.

4. COUNT I – NEGLIGENCE

4.1 Plaintiff realleges and incorporates by reference Paragraphs 1.1 through 3.5 as though fully set forth herein.

4.2 Defendant owed Plaintiff a duty to operate the Defendant Vehicle with reasonable care, to obey all applicable traffic laws, and to refrain from operating the vehicle in a negligent or reckless manner.

4.3 Defendant breached these duties by, inter alia:
a. Exceeding the posted speed limit;
b. Failing to maintain a proper lookout;
c. Failing to yield the right-of-way;
d. Operating the vehicle while distracted and/or fatigued; and
e. Otherwise violating applicable provisions of Title 29-A of the Maine Revised Statutes.

4.4 Defendant’s breaches were the direct and proximate cause of the Collision and Plaintiff’s resulting Injuries and Damages.

4.5 Plaintiff is entitled to recover all compensatory damages permitted by Maine law in an amount to be determined by the jury.

5. COUNT II – NEGLIGENCE PER SE

5.1 Plaintiff realleges and incorporates by reference Paragraphs 1.1 through 3.5 as though fully set forth herein.

5.2 At the time of the Collision, Defendant violated one or more safety statutes, including but not limited to 29-A M.R.S. § 2074 (failure to keep vehicle under control) and/or 29-A M.R.S. § 2075 (failure to yield right-of-way).

5.3 Such statutory violations constitute negligence per se under Maine law.

5.4 Defendant’s statutory violations directly and proximately caused Plaintiff’s Injuries and Damages.

6. COMPARATIVE FAULT ALLEGATIONS (14 M.R.S. § 156)

6.1 Plaintiff alleges that Defendant’s fault exceeds any fault attributable to Plaintiff, if any.

6.2 Pursuant to 14 M.R.S. § 156, Plaintiff’s claim may not be defeated by reason of Plaintiff’s own fault, but the damages recoverable must be reduced (in dollars and cents, not by percentage) to the extent the jury finds just and equitable having regard to Plaintiff’s share of responsibility for the damage. If Plaintiff is found by the jury to be equally at fault with Defendant, Plaintiff may not recover. Each defendant found liable is jointly and severally liable to Plaintiff for the full amount of Plaintiff’s damages, subject to any defendant’s right to request special interrogatories apportioning fault among defendants.

7. DAMAGES

7.1 Pursuant to Rule 8(a) of the Maine Rules of Civil Procedure, Plaintiff seeks an award of damages in an amount to be determined by the jury that is sufficient to fully and fairly compensate Plaintiff for the Injuries and Damages described herein, including but not limited to:

a. Past and future medical expenses;
b. Past and future lost wages and loss of earning capacity;
c. Past and future physical pain and mental suffering;
d. Permanent impairment and disfigurement;
e. Loss of enjoyment of life;
f. Property damage to the Plaintiff Vehicle and contents;
g. Pre-judgment interest pursuant to 14 M.R.S. § 1602-B and post-judgment interest pursuant to 14 M.R.S. § 1602-C;
h. Costs of suit pursuant to Rule 54(d); and
i. Any other relief the Court deems just and equitable.

7.2 Plaintiff reserves the right to seek punitive damages under Maine common law. Punitive damages are available only upon proof, by clear and convincing evidence, that Defendant acted with express or implied malice. See Tuttle v. Raymond, 494 A.2d 1353 (Me. 1985). Maine has no general statutory cap on punitive damages in private tort actions.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:

A. Awarding Plaintiff all compensatory damages proven at trial;
B. Awarding punitive damages as permitted by law;
C. Awarding pre- and post-judgment interest;
D. Awarding costs and reasonable attorney fees as allowed by law; and
E. Granting such other and further relief as the Court deems just and proper.

9. DEMAND FOR JURY TRIAL

Pursuant to Rule 38(b) of the Maine Rules of Civil Procedure and Article I, Section 20 of the Maine Constitution, Plaintiff hereby demands a trial by jury on all issues so triable.

10. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to assert additional claims or to name additional parties as discovery progresses, consistent with the Maine Rules of Civil Procedure.

11. VERIFICATION & RULE 11 CERTIFICATION

I, the undersigned counsel, hereby certify that I have read the foregoing Complaint, that to the best of my knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose. See Me. R. Civ. P. 11.

[PLAINTIFF may, but is not required to, verify the Complaint under oath. If verification is desired, insert a jurat here and have Plaintiff sign before a notary.]

12. SIGNATURE BLOCK

Respectfully submitted this ___ day of __________, 20__.

____________________________________
[ATTORNEY NAME], Esq.
Maine Bar No. [BAR #]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff

EXHIBITS

Exhibit A Police Accident Report (if available)
Exhibit B Medical Record Summary (if available)

SERVICE LIST

Serve a copy of the Summons and Complaint upon:

• Defendant [FULL NAME] – [ADDRESS FOR SERVICE]
• Any additional defendants or agents for service of process