Personal Injury Complaint - Auto Accident - South Dakota

IN THE CIRCUIT COURT OF THE ☐ JUDICIAL CIRCUIT

[___] COUNTY, STATE OF SOUTH DAKOTA

[PLAINTIFF NAME],
  Plaintiff,

v. Civil No. ________

[DEFENDANT NAME],
  Defendant.
______________________________________________________________________________

COMPLAINT AND JURY DEMAND
______________________________________________________________________________

TABLE OF CONTENTS

1. Parties
2. Jurisdiction and Venue
3. General Allegations (Background Facts)
4. Cause of Action – Negligence
5. Comparative Negligence Allegation
6. Damages
7. Prayer for Relief
8. Jury Demand
9. Verification
10. Certificate of Service

1. PARTIES

1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an individual and resident of [COUNTY], South Dakota, who at all relevant times was operating a motor vehicle lawfully on [ROAD/HIGHWAY].

1.2 Defendant. [DEFENDANT NAME] (“Defendant”) is an individual and resident of [COUNTY/STATE] who may be served at [SERVICE ADDRESS] or wherever found.

2. JURISDICTION AND VENUE

2.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction under S.D. Const. art. V, § 5 and S.D. Codified Laws (“SDCL”) § 16-6-9 because the amount in controversy exceeds the jurisdictional minimum and the action involves a tort committed within the State of South Dakota.

2.2 Personal Jurisdiction. Defendant resides in, conducts business in, and/or committed the tortious acts complained of within the State of South Dakota, rendering the exercise of personal jurisdiction proper.

2.3 Venue. Venue is proper in this Court under SDCL § 15-5-6 because Defendant resides in, or (if a nonresident) may be sued in any county Plaintiff designates in the Complaint, [___] County.

3. GENERAL ALLEGATIONS (BACKGROUND FACTS)

3.1 On or about [DATE], at approximately [TIME a.m./p.m.], Plaintiff was lawfully operating a [YEAR/MAKE/MODEL] (the “Plaintiff Vehicle”) in a [northbound/southbound/etc.] lane of [STREET/HIGHWAY] near [MILE MARKER/INTERSECTION], South Dakota (the “Accident Scene”).

3.2 At the same time and place, Defendant was operating a [YEAR/MAKE/MODEL] (the “Defendant Vehicle”) in the same vicinity.

3.3 Defendant negligently, recklessly, and carelessly operated the Defendant Vehicle by, inter alia:
 (a) failing to keep a proper lookout;
 (b) traveling at an unreasonable speed for conditions;
 (c) failing to maintain proper control;
 (d) [OTHER SPECIFIC ACTS OR OMISSIONS].

3.4 As a direct and proximate result of Defendant’s negligence, the Defendant Vehicle collided with the Plaintiff Vehicle (the “Accident”).

3.5 Plaintiff suffered bodily injuries, property damage, pain and suffering, lost wages, and other damages described herein.

4. CAUSE OF ACTION – NEGLIGENCE

4.1 Plaintiff realleges and incorporates by reference all preceding paragraphs as if fully set forth herein.

4.2 Defendant owed Plaintiff a duty of reasonable care in the operation of a motor vehicle on South Dakota roadways.

4.3 Defendant breached that duty through the acts and omissions set forth above.

4.4 Defendant’s breach was the direct and proximate cause of the Accident and Plaintiff’s injuries and damages.

4.5 Plaintiff has suffered and will continue to suffer special damages (including medical expenses and lost earnings) and general damages (including pain, suffering, and mental anguish) in an amount to be proved at trial.

4.6 This action is timely commenced within the three-year limitations period for personal-injury actions under SDCL § 15-2-14(3).

5. COMPARATIVE NEGLIGENCE ALLEGATION

5.1 Pursuant to SDCL § 20-9-2, any contributory negligence attributable to Plaintiff, if any, was “slight” in comparison to the negligence of Defendant, which was “gross” and substantially greater.

5.2 To the extent Plaintiff is found to have been negligent, such negligence was less than slight, and Plaintiff is therefore not barred from recovery.

6. DAMAGES

6.1 Economic Damages. Plaintiff seeks past and future medical expenses, property damage, loss of earnings, and loss of earning capacity estimated to exceed $[___].

6.2 Non-Economic Damages. Plaintiff seeks compensation for past and future pain, suffering, emotional distress, loss of enjoyment of life, and other non-economic damages in an amount to be determined by the jury.

6.3 Punitive Damages. If the evidence supports oppression, fraud, or malice under SDCL § 21-3-2, Plaintiff seeks punitive damages subject to § 21-1-4.1's hearing and clear-and-convincing reasonable-basis finding before punitive discovery or submission to the factfinder.

6.4 Damage Caps. Plaintiff is unaware of any statutory cap applicable to these claims, except as may apply to any governmental defendant or other statutorily limited defendant. Plaintiff reserves the right to seek the full measure of damages permitted by law.

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:

A. For compensatory damages, both economic and non-economic, in an amount to be determined at trial;
B. For prejudgment and post-judgment interest as allowed by law;
C. For costs of suit herein incurred;
D. For such other and further relief as the Court deems just and proper.

8. JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable as a matter of constitutional right.

9. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of South Dakota that the foregoing is true and correct to the best of my knowledge, information, and belief.

DATED: ___________, 20___ __________________________________
[PLAINTIFF NAME]

10. CERTIFICATE OF SERVICE

I certify that the summons and Complaint and Jury Demand were served as stated in the separate proof of service required by SDCL § 15-6-4(g):

[DEFENDANT/COUNSEL NAME & ADDRESS]
by [METHOD AUTHORIZED FOR THIS DEFENDANT UNDER SDCL § 15-6-4: ________________________________]. Rule 5 does not govern service of the summons or other process.

__________________________________
[NAME], [TITLE]

SIGNATURE BLOCK

Respectfully submitted,

__________________________________
[ATTORNEY NAME], Esq.
[LAW FIRM NAME]
[BAR NUMBER]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff