STATE OF MAINE
[__] COUNTY SUPERIOR COURT
_______
)
[PLAINTIFF FULL LEGAL NAME], )
Plaintiff, )
) Docket No.: CV-_/___
v. )
) COMPLAINT AND DEMAND
[DEFENDANT FULL LEGAL NAME], ) FOR JURY TRIAL
Defendant. )
__________ )
[// GUIDANCE: Insert the appropriate county (e.g., “Cumberland”) and obtain a docket number from the Clerk when filing.]
TABLE OF CONTENTS
- Parties.............................................................................. 2
- Jurisdiction and Venue............................................................... 2
- General Allegations (Common to All Counts)........................................... 3
- Count I – Negligence................................................................ 5
- Count II – Negligence Per Se........................................................... 6
- Comparative Fault Allegations (M.R.S. tit. 14, § 156)................................. 7
- Damages.............................................................................. 7
- Prayer for Relief.................................................................... 8
- Jury Demand.......................................................................... 9
- Reservation of Rights................................................................. 9
- Verification & Rule 11 Certification................................................ 10
- 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].
[// GUIDANCE: If multiple defendants, duplicate and label “Defendant A,” “Defendant B,” etc.]
2. JURISDICTION AND VENUE
2.1 This Court has subject-matter jurisdiction pursuant to 4 M.R.S. § 105 and 14 M.R.S. § 5951, as the amount in controversy exceeds the jurisdictional minimum and involves tort claims arising under the laws of the State of Maine.
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.
[// GUIDANCE: If a police report exists, reference it here and attach as “Exhibit A”. Consider preservation-of-evidence letters for vehicle data recorders and dash-cam footage.]
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, any damages awarded to Plaintiff shall be diminished only by the percentage, if any, of Plaintiff’s comparative negligence determined by the trier of fact, provided that Plaintiff’s fault, if any, is less than or equal to 49%.
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- and post-judgment interest as allowed by 14 M.R.S. § 1602-B;
h. Costs of suit pursuant to Rule 54(d); and
i. Any other relief the Court deems just and equitable.
7.2 To the extent punitive damages are permitted, Plaintiff reserves the right to seek punitive damages, subject to the statutory cap contained in 14 M.R.S. § 861.
[// GUIDANCE: Maine prohibits including a specific dollar amount of compensatory damages in the Complaint unless necessary for jurisdiction. If punitive damages are pursued, a separate count alleging malicious or reckless conduct is recommended.]
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__.
text
[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)
[// GUIDANCE: Do not attach original medical records to the public filing—use summaries or file under seal where appropriate.]
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
[// GUIDANCE: Confirm the correct registered agent for any corporate defendant via the Maine Secretary of State’s database.]