[YOUR FIRM LETTERHEAD]
[Street Address] • [City, State ZIP] • [Telephone] • [Email]
STATE OF NORTH CAROLINA
[COUNTY NAME] COUNTY – SUPERIOR COURT
IN THE GENERAL COURT OF JUSTICE
CIVIL ACTION FILE NO. ___
[PLAINTIFF’S FULL LEGAL NAME], )
)
Plaintiff, )
)
v. ) VERIFIED
) COMPLAINT
[DEFENDANT DRIVER’S FULL LEGAL NAME], ) (PERSONAL INJURY – AUTO)
and )
[DEFENDANT OWNER’S FULL LEGAL NAME], )
)
Defendants. )
)
Plaintiff, complaining of Defendants, alleges and says as follows:
// GUIDANCE: Tailor the numbered paragraphs to conform to N.C. R. Civ. P. 8(a) notice-pleading requirements while supplying sufficient detail to avoid a 12(b)(6) dismissal. Maintain single-subject paragraphs and consecutively number each for clarity and future reference (Rule 10).
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PARTIES, JURISDICTION, AND VENUE
1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is a citizen and resident of [County], North Carolina, and was so at all relevant times.
1.2 Defendant [DRIVER NAME] (“Driver”) is a citizen and resident of [County/State] and may be served pursuant to N.C. R. Civ. P. 4 at [Service Address].
1.3 Defendant [OWNER NAME] (“Owner”) is a citizen and resident of [County/State] and is the titled owner of the vehicle operated by Driver at the time of the collision.
1.4 The amount in controversy exceeds $25,000.00, exclusive of interest and costs, vesting subject-matter jurisdiction in the Superior Court Division pursuant to N.C. Gen. Stat. § 7A-243.
1.5 All acts or omissions complained of herein occurred in [County], North Carolina. Venue is therefore proper under N.C. Gen. Stat. § 1-82. -
BACKGROUND FACTS
2.1 On [DATE] at approximately [TIME], Plaintiff was lawfully operating a [YEAR/MAKE/MODEL] motor vehicle in a [direction, lane, roadway] on [STREET/ROAD] in [MUNICIPALITY], North Carolina (“Collision”).
2.2 At that same time and place, Defendant Driver, operating a [YEAR/MAKE/MODEL] owned by Defendant Owner, negligently [describe conduct—e.g., failed to yield, exceeded the posted speed limit, ran a red light].
2.3 Defendant Driver’s vehicle violently collided with the driver-side/passenger-side of Plaintiff’s vehicle, causing Plaintiff serious bodily injury and property damage.
2.4 Plaintiff was wearing a seatbelt, obeying all traffic laws, and exercised due care at all material times.
2.5 The North Carolina State Highway Patrol/[Local Police Department] determined that Defendant Driver was at fault and cited Defendant Driver for violation of [Traffic Statute Cited] (“Traffic Violation”).
2.6 Plaintiff incurred ambulance and emergency-room care at [HOSPITAL] and has since undergone [medical treatment summary]. -
COUNT I – NEGLIGENCE (Against Defendant Driver)
3.1 Plaintiff realleges and incorporates Paragraphs 1.1 through 2.6.
3.2 Defendant Driver owed Plaintiff a duty of reasonable care to operate the vehicle in accordance with North Carolina traffic laws and ordinary prudence.
3.3 Defendant Driver breached that duty by, inter alia:
a. Failing to keep a proper lookout;
b. Operating the vehicle at an unlawful speed;
c. Disregarding a [traffic control device/sign];
d. Failing to yield the right of way.
3.4 Defendant Driver’s breaches were the proximate cause of the Collision and of Plaintiff’s injuries and damages described herein.
3.5 As a direct and proximate result, Plaintiff has sustained past and future: medical expenses, lost wages or diminished earning capacity, physical pain, mental anguish, permanent impairment, and property damage. -
COUNT II – NEGLIGENCE PER SE (Against Defendant Driver)
4.1 Plaintiff realleges and incorporates Paragraphs 1.1 through 3.5.
4.2 The Traffic Violation constitutes a violation of N.C. Gen. Stat. § 20-[SECTION] enacted for the protection of persons similarly situated to Plaintiff.
4.3 Defendant Driver’s statutory violation constitutes negligence per se, and such negligence was a proximate cause of the Collision and Plaintiff’s damages. -
COUNT III – VICARIOUS LIABILITY/NEGLIGENT ENTRUSTMENT (Against Defendant Owner)
5.1 Plaintiff realleges and incorporates Paragraphs 1.1 through 4.3.
5.2 Defendant Owner entrusted the vehicle to Defendant Driver with actual or constructive knowledge of Driver’s incompetence, inexperience, or reckless propensities.
5.3 Alternatively, Defendant Owner is vicariously liable under the family-purpose and/or agency doctrines recognized in North Carolina.
5.4 Accordingly, Defendant Owner is jointly and severally liable for the damages proximately caused by Defendant Driver. -
DAMAGES
6.1 Economic Damages (special): medical expenses to date approximately $[AMOUNT]; future medical expenses to be proven at trial; lost wages of $[AMOUNT]; diminished earning capacity to be proven at trial; and property damage of $[AMOUNT].
6.2 Non-Economic Damages (general): pain and suffering, permanent injury, scarring, disfigurement, emotional distress, and loss of enjoyment of life.
6.3 Punitive Damages: Pursuant to N.C. Gen. Stat. § 1D-15, Plaintiff seeks punitive damages for Defendant Driver’s willful and wanton conduct, subject to the cap contained in N.C. Gen. Stat. § 1D-25.
// GUIDANCE: North Carolina is one of four pure contributory-negligence jurisdictions. Allegations in ¶ 2.4 are drafted to negate any future affirmative defense. Include additional facts (e.g., speed data, witness corroboration) as available.
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PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully demands:
A. Judgment against Defendants, jointly and severally, for compensatory damages in excess of $25,000.00, in an amount to be determined by a jury;
B. Punitive damages in the maximum amount allowed by N.C. Gen. Stat. § 1D-25;
C. Pre-judgment and post-judgment interest as allowed by law;
D. Costs of this action, including reasonable attorney’s fees where permitted;
E. Such other and further relief the Court deems just and proper. -
DEMAND FOR TRIAL BY JURY
Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to N.C. R. Civ. P. 38.
// GUIDANCE: A jury demand may be placed either in the caption per Rule 38(b) or as a separate filing within ten (10) days after service of the last pleading. Including it within the Complaint is a safe practice to avoid inadvertent waiver.
- RESERVATION OF RIGHTS
Plaintiff reserves the right to further amend this Complaint to assert additional claims or add parties as discovery may reveal.
// GUIDANCE: This paragraph preserves flexibility while still complying with N.C. R. Civ. P. 15(a). Courts typically “freely give leave” to amend.
Date: [DATE]
Respectfully submitted,
[LAW FIRM NAME]
By: _____
[ATTORNEY NAME], N.C. State Bar No. [####]
Counsel for Plaintiff
[Street Address]
[City, State ZIP]
Telephone: [NUMBER]
Email: [EMAIL]
VERIFICATION
STATE OF NORTH CAROLINA
COUNTY OF [COUNTY]
I, [PLAINTIFF NAME], being first duly sworn, depose and say that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint and know the contents thereof; and that the same is true to my own knowledge except as to those matters stated upon information and belief, and as to those I believe them to be true.
[PLAINTIFF NAME]
Sworn to and subscribed before me this ___ day of ____, 20__.
Notary Public
(My Commission Expires: _____)
CERTIFICATE OF SERVICE
I hereby certify that on this the ___ day of ____, 20__, I have served the foregoing VERIFIED COMPLAINT upon Defendants by depositing a copy, enclosed in a postage-paid, properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Postal Service as follows:
[SERVICE LIST WITH ADDRESSES]
[ATTORNEY NAME]
[// GUIDANCE:
1. Replace all [PLACEHOLDER] items before filing.
2. Confirm venue selection—actions exceeding $25 K belong in Superior Court; otherwise District Court.
3. If punitive damages are not pursued, omit ¶ 6.3 and prayer sub-paragraph B.
4. Consider asserting a claim for negligent infliction of emotional distress (NIED) or loss of consortium if facts permit.
5. For corporate defendants, add Rule 7 certification and corporate disclosure if required.
6. Review local rules for electronic filing signatures and page-limit formatting.
]