STATE OF VERMONT

SUPERIOR COURT ─ [COUNTY] UNIT

CIVIL DIVISION

DOCKET NO. ___________

___________________________________
[PLAINTIFF NAME(S)],
Plaintiff(s),

v.

[DEFENDANT NAME(S)],
Defendant(s).
___________________________________

VERIFIED COMPLAINT AND DEMAND FOR JURY TRIAL

TABLE OF CONTENTS

1. Parties ..................................................................................... 2
2. Jurisdiction and Venue ............................................................... 2
3. Factual Allegations ................................................................ 3
4. Causes of Action
   4.1 Count I – Negligence .............................................................. 4
   4.2 Count II – Negligent Infliction of Emotional Distress (Optional) .... 5
5. Comparative Negligence Allegations ...................................... 6
6. Damages ................................................................................ 6
7. Prayer for Relief ...................................................................... 7
8. Jury Demand .......................................................................... 8
9. Certification of Counsel (V.R.C.P. 11) ................................. 8
10. Verification ............................................................................ 8

1. PARTIES

1.1 Plaintiff [PLAINTIFF FULL LEGAL NAME] (“Plaintiff”) is an individual residing at [ADDRESS], [CITY], Vermont.

1.2 Upon information and belief, Defendant [DEFENDANT FULL LEGAL NAME] (“Defendant”) is an individual residing at [ADDRESS], [CITY], [STATE].
   OR
1.2 Upon information and belief, Defendant [DEFENDANT BUSINESS ENTITY NAME], a [STATE] corporation/LLC, maintains its principal place of business at [ADDRESS].

1.3 At all relevant times, Defendant owned, operated, or controlled the motor vehicle described herein and owed statutory and common-law duties of care to Plaintiff and to the motoring public.

2. JURISDICTION AND VENUE

2.1 This Court possesses subject-matter jurisdiction over this action pursuant to 4 V.S.A. § 31 and Vt. R. Civ. P. 3.

2.2 Venue is proper in this Unit under 12 V.S.A. § 402 because the collision occurred in [COUNTY] County and/or Defendant resides or conducts business here.

2.3 Personal jurisdiction over Defendant exists because Defendant (a) resides in Vermont, (b) committed tortious acts within Vermont, and/or (c) regularly transacts business in Vermont, thereby purposefully availing [him/her/itself] of the privilege of conducting activities within the State.

3. FACTUAL ALLEGATIONS

3.1 On [DATE] at approximately [TIME], Plaintiff was lawfully operating a [YEAR, MAKE, MODEL] motor vehicle eastbound on [ROAD/STREET] in [TOWN/CITY], Vermont.

3.2 At the same time and place, Defendant was operating a [YEAR, MAKE, MODEL] motor vehicle [direction/lane] on the same roadway.

3.3 Without warning, Defendant [describe negligent conduct—e.g., failed to stop at a red light, crossed the centerline, drove at an excessive speed, used a handheld device in violation of 23 V.S.A. § 1095, etc.].

3.4 Defendant’s vehicle collided with Plaintiff’s vehicle (the “Accident”), causing Plaintiff to suffer serious bodily injuries and property damage.

3.5 Plaintiff was wearing a seatbelt, was otherwise in compliance with all applicable traffic regulations, and did not contribute to the Accident.

3.6 As a direct and proximate result of Defendant’s conduct, Plaintiff has incurred and will continue to incur medical expenses, lost earnings, pain and suffering, emotional distress, loss of enjoyment of life, and other damages in an amount to be proven at trial.

4. CAUSES OF ACTION

4.1 Count I – Negligence

4.1.1 Plaintiff realleges and incorporates Paragraphs 1 through 3.6 as if fully set forth herein.

4.1.2 Defendant owed Plaintiff a duty to operate [his/her/its] vehicle with reasonable care, to observe traffic laws, and to avoid injury to others.

4.1.3 Defendant breached that duty by, inter alia:
 a. Failing to keep a proper lookout;
 b. Operating at an unreasonable or unlawful speed;
 c. Failing to maintain lane position/control;
 d. Violating one or more provisions of Title 23, Vermont Statutes Annotated; and/or
 e. Operating a vehicle while distracted and/or impaired.

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

4.1.5 Plaintiff seeks all compensatory damages allowed by Vermont law, including but not limited to past and future medical expenses, lost wages and earning capacity, pain and suffering, loss of consortium (if applicable), and property damage.

4.2 Count II – Negligent Infliction of Emotional Distress (Optional)

4.2.1 Plaintiff realleges and incorporates Paragraphs 1 through 4.1.5 herein.

4.2.2 Defendant’s negligent conduct placed Plaintiff in immediate risk of serious physical harm, which resulted in serious emotional distress that is medically diagnosable and significant.

4.2.3 Plaintiff is entitled to recover damages for said emotional distress as permitted by Vermont law.

5. COMPARATIVE NEGLIGENCE ALLEGATIONS

5.1 Pursuant to 12 V.S.A. § 1036, any recovery of damages shall be diminished by the percentage of negligence attributable to Plaintiff, if any.

5.2 Plaintiff denies any comparative fault; however, to the extent Defendant alleges comparative negligence, the burden of proof rests with Defendant.

6. DAMAGES

6.1 Special Damages (Economic):
 a. Past medical expenses: $[AMOUNT] (to date)
 b. Estimated future medical expenses: $[AMOUNT]
 c. Past lost wages: $[AMOUNT]
 d. Future diminished earning capacity: $[AMOUNT]
 e. Property damage (vehicle and personal property): $[AMOUNT]

6.2 General Damages (Non-Economic):
 a. Past and future pain and suffering
 b. Emotional distress
 c. Loss of enjoyment of life
 d. [Loss of consortium – identify spouse/partner if claimed]

6.3 Punitive Damages:
Plaintiff reserves the right to seek punitive damages should discovery reveal Defendant’s conduct was willful, wanton, or in reckless disregard of the rights of others.

7. PRAYER FOR RELIEF

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

A. Awarding compensatory damages in an amount to be determined by the trier of fact;
B. Awarding punitive damages where warranted;
C. Awarding pre-judgment and post-judgment interest at the legal rate;
D. Awarding taxable costs and allowable disbursements;
E. Awarding such other and further relief as the Court deems just and proper.

8. DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right pursuant to Vt. Const. ch. I, art. 12 and V.R.C.P. 38.

9. CERTIFICATION OF COUNSEL (V.R.C.P. 11)

The undersigned counsel certifies that he/she has read the foregoing Complaint, that to the best of counsel’s knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose.

10. VERIFICATION

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

_________________________________
[PLAINTIFF NAME]

State of Vermont
County of __________, ss.

Subscribed and sworn before me on this ___ day of __________, 20__, by [Plaintiff Name].

_________________________________
Notary Public
My Commission Expires: ___________

EXECUTION BLOCK

Respectfully submitted,

DATED: _____________, 20__.

____________________________________
[ATTORNEY NAME], Esq.
[LAW FIRM NAME]
[BAR ID NO.]
[ADDRESS]
[PHONE] • [EMAIL]
Counsel for Plaintiff