Personal Injury Complaint - Auto Accident

IN THE COURT OF COMMON PLEAS

[COUNTY] COUNTY, OHIO

[PLAINTIFF FULL LEGAL NAME],
an individual,
Plaintiff,

v.

[DEFENDANT DRIVER FULL LEGAL NAME],
an individual, and, if applicable,
[DEFENDANT OWNER/EMPLOYER LEGAL NAME],
a [corporation/partnership/LLC] organized under the laws of [STATE],
Defendant(s).

Case No.: ___________
Judge: ___________

COMPLAINT FOR PERSONAL INJURY – MOTOR-VEHICLE COLLISION

(Ohio Tort Action – O.R.C. Title 23)

JURY DEMAND ENDORSED HEREON

TABLE OF CONTENTS

1. Parties .................................................................................... 2
2. Jurisdiction and Venue ........................................................ 2
3. Factual Allegations ............................................................... 3
4. First Cause of Action – Negligence .................................... 4
5. Second Cause of Action – Negligence Per Se (Optional) ........ 5
6. Damages ............................................................................. 6
7. Prayer for Relief ................................................................ 7
8. Jury Demand ...................................................................... 7
9. Verification (Optional) .................................................... 8
10. Certificate of Service ..................................................... 8

1. PARTIES

1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is a resident of [COUNTY] County, Ohio, and was operating a motor vehicle lawfully on [DATE] at the time of the collision described herein.

1.2 Defendant [DEFENDANT DRIVER NAME] (“Driver Defendant”) is a resident of [COUNTY/STATE] who may be served at [ADDRESS] or wherever found.

1.3 If applicable, Defendant [DEFENDANT OWNER/EMPLOYER NAME] (“Owner/Employer Defendant”) is the owner of the vehicle operated by Driver Defendant and/or Driver Defendant’s employer, with its principal place of business at [ADDRESS].

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction over this tort action pursuant to Article IV, § 1 of the Ohio Constitution and O.R.C. § 2305.01.

2.2 Venue is proper in this Court under Ohio Civ. R. 3(B)(1) and (3) because Defendants reside in, maintain their principal place of business in, and/or the cause of action arose in [COUNTY] County, Ohio.

2.3 No party to this action is subject to mandatory no-fault provisions; Ohio is a tort-based jurisdiction for motor-vehicle collisions.

3. FACTUAL ALLEGATIONS

3.1 On [DATE] at approximately [TIME], Plaintiff was operating a [YEAR/MAKE/MODEL] eastbound on [STREET/HIGHWAY] near its intersection with [CROSS-STREET] in [CITY], Ohio.

3.2 Driver Defendant, operating a [YEAR/MAKE/MODEL & LICENSE PLATE], traveled [direction] on the same roadway.

3.3 Driver Defendant negligently [describe conduct: e.g., “failed to stop at a red traffic signal,” “followed too closely,” “operated the vehicle while distracted”], causing a collision with Plaintiff’s vehicle (the “Subject Accident”).

3.4 At all relevant times, Plaintiff was operating her vehicle in a prudent and lawful manner.

3.5 As a direct and proximate result of Defendants’ conduct, Plaintiff sustained serious bodily injuries, medical expenses, lost wages, pain and suffering, and other damages as further detailed below.

4. FIRST CAUSE OF ACTION – NEGLIGENCE

4.1 Plaintiff incorporates by reference Paragraphs 1.1 through 3.5 as though fully rewritten herein.

4.2 Duty. Defendants owed Plaintiff the duty to operate the subject vehicle with reasonable care, obey all traffic laws, and maintain proper control of the vehicle so as not to cause injury to others lawfully upon the roadway.

4.3 Breach. Defendants breached said duty by, inter alia, [specify breaches].

4.4 Causation. Defendants’ breaches were the direct and proximate cause of the Subject Accident and Plaintiff’s resulting injuries.

4.5 Damages. Plaintiff suffered damages as pled in § 6, the amount of which exceeds the jurisdictional minimum of this Court and will be proven at trial.

4.6 Comparative Negligence. Pursuant to O.R.C. § 2315.33 (modified comparative negligence), Plaintiff’s recovery shall be diminished, if at all, only by any percentage of negligence attributable to Plaintiff that is 50 percent or less. Plaintiff denies any contributory or comparative negligence.

5. SECOND CAUSE OF ACTION – NEGLIGENCE PER SE (Optional)

5.1 Plaintiff incorporates by reference Paragraphs 1.1 through 4.6.

5.2 At the time of the Subject Accident, Driver Defendant was in violation of [cite specific Ohio traffic statute or municipal ordinance, e.g., O.R.C. § 4511.21 (speed limits)].

5.3 Said statute/ordinance was enacted to protect persons such as Plaintiff from the type of harm suffered herein.

5.4 Driver Defendant’s statutory violation constitutes negligence per se, directly and proximately causing Plaintiff’s damages.

6. DAMAGES

6.1 Economic Damages. Past and future medical expenses, lost wages, loss of earning capacity, and other special damages currently estimated to exceed $[AMOUNT].

6.2 Noneconomic Damages. Past and future pain, suffering, mental anguish, and loss of enjoyment of life. Plaintiff acknowledges the applicability of O.R.C. § 2315.18, which may cap noneconomic damages at the greater of (a) $250,000 or (b) three times economic damages, up to $350,000 per plaintiff and $500,000 per occurrence, subject to statutory exceptions.

6.3 Punitive Damages. If discovery reveals conscious disregard or other conduct warranting punitive damages under O.R.C. § 2315.21, Plaintiff reserves the right to seek such relief and will move to amend this Complaint as required by Civ. R. 15.

6.4 Pre- and Post-Judgment Interest. As permitted under O.R.C. § 1343.03.

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, as follows:

A. Compensatory damages in an amount to be determined at trial, but in excess of $25,000, exclusive of interest and costs;
B. Noneconomic damages consistent with O.R.C. § 2315.18;
C. Punitive damages as allowed by law (if later pled);
D. Pre- and post-judgment interest;
E. Costs of this action; and
F. All other legal and equitable relief to which Plaintiff may be entitled.

8. JURY DEMAND

Pursuant to Article I, § 5 of the Ohio Constitution and Civ. R. 38(B), Plaintiff demands a trial by jury on all issues so triable.

9. VERIFICATION (Optional)

I, [PLAINTIFF NAME], verify under penalty of perjury that the factual allegations contained in the foregoing Complaint are true and correct to the best of my knowledge and belief.

Date: _____________

______________________________
[PLAINTIFF NAME]

10. CERTIFICATE OF SERVICE

I hereby certify that a true and accurate copy of the foregoing Complaint was served upon the following party(ies) this ___ day of ____________, 20__, by [method: certified mail, personal service, etc.] pursuant to Civ. R. 4(A):

[DEFENDANT DRIVER NAME]
[ADDRESS]

[DEFENDANT OWNER/EMPLOYER NAME] (if any)
[ADDRESS]

______________________________
[ATTORNEY NAME] (Ohio Bar # ________)
Counsel for Plaintiff
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]