IN THE DISTRICT COURT OF __________________ COUNTY

STATE OF OKLAHOMA

[PLAINTIFF FULL LEGAL NAME],

Plaintiff,

v. Case No.: _________

[DEFENDANT FULL LEGAL NAME],

Defendant.

PETITION FOR DAMAGES—MOTOR VEHICLE NEGLIGENCE

(JURY TRIAL DEMANDED)

TABLE OF CONTENTS

1. Parties, Jurisdiction, and Venue
2. Factual Allegations
3. Cause of Action—Negligence
4. Damages
5. Prayer for Relief
6. Jury Demand
7. Reservation of Additional Claims & Comparative Negligence Notice
8. Certification of Counsel & Service

1. PARTIES, JURISDICTION, AND VENUE

1.1 Plaintiff.
 a. [PLAINTIFF NAME] (“Plaintiff”) is an individual residing at [ADDRESS], __________ County, Oklahoma.

1.2 Defendant.
 a. [DEFENDANT NAME] (“Defendant”) is an individual/business entity with residence/principal place of business at [ADDRESS], __________ County, Oklahoma.
 b. If Defendant is a foreign corporation or LLC, it is authorized to transact business in Oklahoma and may be served via its registered agent, [AGENT NAME], at [AGENT ADDRESS].

1.3 Jurisdiction.
 a. This Court has subject-matter jurisdiction under Okla. Const. art. VII, § 7 and 12 O.S. § 2001 et seq.
 b. The amount in controversy exceeds $10,000, placing this matter within the District Court’s original jurisdiction.

1.4 Venue.
 Venue is proper in this County under 12 O.S. § 141 because (i) Defendant resides here and/or (ii) the motor vehicle collision giving rise to these claims occurred within this County.

2. FACTUAL ALLEGATIONS

2.1 On or about [DATE OF ACCIDENT] at approximately [TIME], Plaintiff was operating a [YEAR/MAKE/MODEL] traveling [DIRECTION] on [ROADWAY/INTERSECTION] in __________ County, Oklahoma.

2.2 Defendant, operating a [YEAR/MAKE/MODEL] traveling [DIRECTION], negligently [describe act—e.g., “failed to yield the right-of-way,” “drove left of center,” “followed too closely,” etc.] and violently collided with Plaintiff’s vehicle (the “Collision”).

2.3 At all relevant times Plaintiff was lawfully upon the roadway, obeying applicable traffic laws, and exercising due care for his/her own safety.

2.4 Defendant’s acts and omissions violated, inter alia,
 a. Oklahoma’s basic duty of reasonable care; and
 b. Oklahoma Uniform Vehicle Code provisions, including but not limited to 47 O.S. § 11-___ (specify), each constituting negligence per se.

2.5 As a direct and proximate result of Defendant’s negligence, Plaintiff sustained bodily injuries, endured pain and suffering, incurred medical expenses, lost wages, suffered property damage, and will continue to incur such losses in the future.

3. CAUSE OF ACTION—NEGLIGENCE

3.1 Plaintiff realleges ¶¶ 1.1–2.5 as if fully set forth herein.

3.2 Duty. Defendant owed Plaintiff a duty to operate his/her/its motor vehicle with reasonable care and in compliance with Oklahoma traffic laws.

3.3 Breach. Defendant breached that duty by, inter alia, [specific negligent acts].

3.4 Causation. Defendant’s breach was the direct and proximate cause of the Collision and Plaintiff’s resulting injuries.

3.5 Damages. Plaintiff has suffered the damages specified in § 4 below.

4. DAMAGES

4.1 Economic Damages
 a. Past medical expenses: $[AMOUNT] (and continuing).
 b. Future medical expenses: To be proven at trial.
 c. Lost wages and diminished earning capacity: $[AMOUNT] (and continuing).
 d. Property damage: $[AMOUNT].

4.2 Non-Economic Damages
 a. Past and future pain, suffering, mental anguish, and loss of enjoyment of life, in an amount to be determined by the jury.

4.3 Punitive Damages
 Pursuant to 23 O.S. § 9.1, Plaintiff reserves the right to seek punitive damages upon proper evidentiary showing of Defendant’s reckless disregard for the rights of others.

5. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in favor of Plaintiff and against Defendant for:

a. Actual damages in excess of $[AMOUNT] to be determined at trial;
b. Punitive damages as permitted by law;
c. Pre- and post-judgment interest as allowed by 12 O.S. § 727;
d. Costs of this action, including reasonable attorneys’ fees where recoverable; and
e. Such other and further relief as the Court deems just and proper.

6. JURY DEMAND

Pursuant to Okla. Const. art. II, § 19 and 12 O.S. § 591, Plaintiff demands a trial by jury on all issues so triable.

7. RESERVATION OF ADDITIONAL CLAIMS & COMPARATIVE NEGLIGENCE NOTICE

7.1 Plaintiff reserves the right to amend this Petition to assert additional claims or to name additional parties as discovery proceeds, in accordance with 12 O.S. § 2015.

7.2 Comparative Negligence. Oklahoma follows a modified comparative negligence scheme, 23 O.S. § 13 (51 % bar). Plaintiff’s negligence, if any, was less than that of Defendant and will not bar recovery; damages should be reduced only in proportion to any proven contributory fault.

8. CERTIFICATION OF COUNSEL & SERVICE

I certify that, to the best of my knowledge, information, and belief formed after reasonable inquiry, this pleading is not presented for an improper purpose and the claims are warranted by existing law or by a non-frivolous argument for its modification, reversal, or extension, consistent with 12 O.S. § 2011.

A copy of this Petition has been served on Defendant contemporaneously with filing via [method—e.g., certified mail, process server] as set forth in the attached Proof of Service.

Respectfully submitted,

______________________________
[PLAINTIFF ATTORNEY NAME]
OBA No. ______
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
ATTORNEY FOR PLAINTIFF

VERIFICATION (Optional but Recommended)

STATE OF OKLAHOMA )
) ss.
COUNTY OF ________ )

I, [PLAINTIFF NAME], being duly sworn, state that I have read the foregoing Petition and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

______________________________
[PLAINTIFF NAME]

Subscribed and sworn to before me this ___ day of __________, 20__.

______________________________
Notary Public
My Commission Expires: __________

PROOF/RETURN OF SERVICE

[Attach sheriff’s return, private process server affidavit, or certified-mail receipt pursuant to 12 O.S. § 2004(F).]