Personal Injury Complaint - Auto Accident - New Jersey

Before filing: Complete the separate New Jersey Civil Case Information Statement (Civil CIS) and submit it with this initial Law Division complaint. Complete the form's required case, party, and attorney information and signature.

SUPERIOR COURT OF NEW JERSEY

LAW DIVISION — [COUNTY] COUNTY

TABLE OF CONTENTS

I. Preliminary Allegations (¶¶ 1-12)
II. Statement of Facts (¶¶ 13-25)
III. Counts
    Count I – Negligence (Driver) (¶¶ 26-32)
    Count II – Negligent Entrustment / Vicarious Liability (Owner/Employer) (¶¶ 37-43)
    Count III – Punitive Damages (¶¶ 44-48)
IV. Damages (¶¶ 49-55)
V. Prayer for Relief & Jury Demand (¶¶ 56-59)
VI. Certification Pursuant to R. 4:5-1(b)(2)
VII. Redaction Certification (R. 1:38-7(b))
VIII. Designation of Trial Counsel
IX. Signature Block

COMPLAINT & JURY DEMAND

Plaintiff, [PLAINTIFF NAME] ("Plaintiff"), by and through the undersigned counsel, alleges upon knowledge, information and belief as follows:

I. PRELIMINARY ALLEGATIONS

1. Plaintiff is an individual residing at [ADDRESS], County of [COUNTY], State of New Jersey.

2. Defendant [DEFENDANT-DRIVER NAME] ("Defendant Driver") resides at [ADDRESS] and, at all times relevant, operated a motor vehicle in New Jersey.

3. Defendant [DEFENDANT-OWNER/EMPLOYER NAME] ("Defendant Owner/Employer") is a [corporation/LLC/individual] with its principal place of business at [ADDRESS] and owned and/or maintained the subject vehicle.

4. The amount in controversy exceeds the jurisdictional threshold of the Special Civil Part and this matter is properly filed in the Law Division; the matter is designated to Track II pursuant to R. 4:5A-1.

5. Venue is proper in this Court pursuant to R. 4:3-2 because the cause of action arose in [COUNTY] County and/or Defendants reside or conduct business here.

6. This action sounds in tort and is not barred by New Jersey's No-Fault Law because Plaintiff has sustained bodily injuries that satisfy one or more of the six threshold categories under N.J.S.A. 39:6A-8(a) — namely: (i) death; (ii) dismemberment; (iii) significant disfigurement or significant scarring; (iv) displaced fracture; (v) loss of a fetus; or (vi) a permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement.

7. To the extent the limitation-on-lawsuit (verbal threshold) option applies to Plaintiff's policy, Plaintiff shall, within 60 days following Defendant's answer, provide Defendant with a physician's certification meeting the requirements of N.J.S.A. 39:6A-8(a).

8. Allocation of fault, if any, shall be determined in accordance with New Jersey's Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.3.

9. Pursuant to N.J.S.A. 2A:15-5.12, punitive damages, if awarded, must be supported by clear and convincing evidence of actual malice or wanton and willful disregard, and any such award is ordinarily subject to N.J.S.A. 2A:15-5.14(b), with the subsection (c) exceptions.

10. This matter is subject to compulsory, non-binding arbitration under R. 4:21A-1; Plaintiff reserves all rights to a de novo trial.

11. Plaintiff demands trial by jury as of right under N.J. Const. art. I, ¶ 9 and R. 1:8-2(b) and R. 4:35-1(a).

12. Plaintiff designates [ATTORNEY NAME] as trial counsel in accordance with R. 4:25-4.

13. All conditions precedent to the filing of this action have been performed, satisfied, or waived.

II. STATEMENT OF FACTS

14. On [DATE] at approximately [TIME] a.m./p.m., Plaintiff was operating a [YEAR/MAKE/MODEL] motor vehicle eastbound on [ROADWAY] in [MUNICIPALITY], New Jersey.

15. Defendant Driver, operating a [YEAR/MAKE/MODEL] owned by Defendant Owner/Employer, was traveling [direction] on the same roadway.

16. Defendant Driver failed to keep a proper lookout, disregarded traffic conditions, and violently collided with Plaintiff's vehicle.

17. At the time of impact, Plaintiff was lawfully operating his/her vehicle, obeying all traffic laws, and exercising due care.

18. The collision was solely and proximately caused by the negligence, carelessness, and recklessness of Defendant Driver.

19. As a direct result, Plaintiff sustained severe and permanent injuries, including but not limited to [LIST DIAGNOSED INJURIES].

20. Plaintiff's injuries satisfy the "permanent injury" threshold category, and/or another enumerated category, within the meaning of N.J.S.A. 39:6A-8(a).

21. Plaintiff has incurred and will continue to incur medical expenses, lost wages, diminished earning capacity, and other economic damages.

22. Plaintiff has also suffered pain, suffering, disability, impairment, loss of enjoyment of life, and other non-economic damages.

23. Plaintiff's Personal Injury Protection ("PIP") benefits under his/her automobile policy apply to covered medical expenses. Under N.J.S.A. 39:6A-12, Plaintiff does not seek to introduce losses paid or collectible as PIP benefits and seeks recovery only for economic losses otherwise recoverable in this tort action.

24. At all times relevant, Defendant Driver was acting within the course and scope of his/her employment with Defendant Owner/Employer and/or with its permission, knowledge, and consent.

25. Defendant Owner/Employer negligently entrusted its vehicle to Defendant Driver despite knowing—or having reason to know—of Defendant Driver's incompetence or unfitness.

26. The aforesaid acts and omissions constitute common-law negligence, negligent entrustment, and vicarious liability.

III. COUNTS

Count I – Negligence (Against Defendant Driver)

27. Plaintiff incorporates Paragraphs 1-26 as if fully set forth herein.

28. Defendant Driver owed Plaintiff a duty of reasonable care in the operation of a motor vehicle.

29. Defendant Driver breached that duty by, inter alia:

a. Operating the vehicle at an unsafe speed;

b. Failing to maintain a proper lookout;

c. Disregarding traffic control devices;

d. Violating New Jersey motor-vehicle statutes and regulations.

30. Defendant Driver's breaches were the direct and proximate cause of the collision and Plaintiff's injuries.

31. Plaintiff did not assume the risk of injury and was free from comparative negligence; alternatively, any negligence attributable to Plaintiff is no greater than the negligence of Defendant or the combined negligence of the Defendants against whom recovery is sought, so N.J.S.A. 2A:15-5.1 does not bar recovery. Any award remains subject to reduction by Plaintiff's percentage of negligence.

32. As a result, Plaintiff suffered the damages described herein.

33. WHEREFORE, Plaintiff demands judgment against Defendant Driver as set forth below.

Count II – Negligent Entrustment / Vicarious Liability (Against Defendant Owner/Employer)

34. Plaintiff realleges Paragraphs 1-33.

35. Defendant Owner/Employer owned the subject vehicle and knowingly permitted Defendant Driver to operate it.

36. Defendant Driver was unfit, inexperienced, or incompetent, which Defendant Owner/Employer knew or should have known.

37. Defendant Owner/Employer is vicariously liable for Defendant Driver's negligence under the doctrine of respondeat superior and/or agency principles.

38. Defendant Owner/Employer's own negligence in entrustment was a proximate cause of Plaintiff's injuries.

39. Plaintiff suffered damages as previously described.

40. WHEREFORE, Plaintiff demands judgment against Defendant Owner/Employer as set forth below.

Count III – Punitive Damages

41. Plaintiff realleges Paragraphs 1-40.

42. Defendant Driver's conduct exhibited actual malice or wanton and willful disregard for the safety of others, justifying punitive damages under N.J.S.A. 2A:15-5.12.

43. Plaintiff seeks punitive damages consistent with the Punitive Damages Act, N.J.S.A. 2A:15-5.9 et seq., ordinarily subject to the cap under N.J.S.A. 2A:15-5.14(b) (the greater of $350,000 or five times compensatory damages), except where subsection (c) applies.

44. Plaintiff reserves the right to amend proofs to conform with the evidence.

45. WHEREFORE, Plaintiff demands punitive damages in an amount permitted by law.

IV. DAMAGES

46. Economic Damages: past and future medical expenses, lost wages, loss of earning capacity, and out-of-pocket costs.

47. Non-Economic Damages: pain, suffering, disability, disfigurement, mental anguish, and loss of enjoyment of life.

48. Property Damage: repair or replacement costs of Plaintiff's vehicle and personal property.

49. Prejudgment interest in this tort action under R. 4:42-11(b), and postjudgment interest under R. 4:42-11(a), as allowed by law.

50. Costs of suit and statutory fees.

51. Reasonable attorney's fees where permitted by contract or statute.

52. Such other relief as the Court deems equitable and just.

V. PRAYER FOR RELIEF & JURY DEMAND

53. WHEREFORE, Plaintiff demands judgment, jointly and severally to the extent permitted under N.J.S.A. 2A:15-5.3, against all Defendants for compensatory damages, punitive damages, interest, costs of suit, and such further relief as the Court may deem just.

54. Plaintiff demands trial by jury on all issues so triable.

55. Plaintiff specifically demands that comparative negligence and allocation of fault, if any, be determined pursuant to N.J.S.A. 2A:15-5.2.

56. Plaintiff reserves all rights to submit the matter to binding arbitration or settlement consistent with court rules.

VI. CERTIFICATION (Rule 4:5-1(b)(2))

I, [ATTORNEY NAME], certify that, to my knowledge and belief, the matter in controversy is not the subject of any other pending or contemplated action in any court or arbitration proceeding, and the following non-parties, if any, should be joined under R. 4:28 or are subject to joinder under R. 4:29-1(b) because of potential liability to any party arising from the same transactional facts: [NAMES OR NONE]. I recognize the continuing obligation to file and serve an amended certification if facts change.

VII. CONFIDENTIAL PERSONAL IDENTIFIERS REDACTION CERTIFICATION (R. 1:38-7(b))

I certify that confidential personal identifiers have been redacted from documents submitted to the court and will be submitted separately where required.

VIII. DESIGNATION OF TRIAL COUNSEL

Pursuant to R. 4:25-4, [ATTORNEY NAME], Esq., is hereby designated as trial counsel for Plaintiff.

IX. SIGNATURE BLOCK

Respectfully submitted,

DATED: [DATE]

______________________________________
[ATTORNEY NAME], ESQ.
Attorney for Plaintiff
[NJ Attorney ID No.]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]

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