IN THE DISTRICT COURT OF THE ☐ JUDICIAL DISTRICT

IN AND FOR [___] COUNTY, STATE OF WYOMING

[PLAINTIFF FULL LEGAL NAME],
  Plaintiff,

v.

[DEFENDANT FULL LEGAL NAME],
  Defendant.

Civil Action No.: [___]

COMPLAINT AND JURY DEMAND

TABLE OF CONTENTS

1. Preliminary Statement
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I – Negligence (Premises Liability – Slip and Fall)
6. Damages
7. Comparative Fault & Reservation of Rights
8. Prayer for Relief
9. Demand for Jury Trial
10. Verification

1. PRELIMINARY STATEMENT

1. This personal-injury action arises from a slip-and-fall incident that occurred on or about [DATE OF INCIDENT] at [PREMISES ADDRESS / DESCRIPTION] in [___] County, Wyoming.
2. Plaintiff seeks monetary damages proximately caused by Defendant’s breach of its duty to maintain its premises in a reasonably safe condition for invitees under Wyoming premises-liability law.

2. PARTIES

3. Plaintiff [PLAINTIFF NAME] is an individual resident of [COUNTY, STATE] and was an invitee lawfully present on Defendant’s premises at all times relevant.
4. Defendant [DEFENDANT NAME] is a [ENTITY TYPE & STATE OF ORGANIZATION] authorized to conduct business in Wyoming, with its principal place of business at [ADDRESS].
     a. Defendant may be served through its registered agent: [AGENT NAME & ADDRESS].

3. JURISDICTION AND VENUE

5. This Court has subject-matter jurisdiction pursuant to Wyo. Const. art. 5, § 10 and Wyo. Stat. Ann. § 5-9-125.
6. Venue is proper in this County under Wyo. Stat. Ann. § 1-5-101 because Defendant resides and/or the events giving rise to Plaintiff’s claims occurred here.
7. The amount in controversy exceeds the minimum jurisdictional limit of this Court.

4. FACTUAL ALLEGATIONS

8. On [DATE OF INCIDENT], Plaintiff entered Defendant’s premises as a business invitee for the purpose of [PURPOSE, e.g., shopping].
9. While traversing [LOCATION WITHIN PREMISES, e.g., the main aisle near the produce section], Plaintiff encountered [DESCRIBE HAZARDOUS CONDITION, e.g., a pool of clear liquid] (the “Hazard”).
10. The Hazard was not open or obvious and was not marked by warning cones, signage, or barriers.
11. Defendant, acting through its employees and agents, knew or should have known of the Hazard because:
      a. The Hazard existed for a sufficient time that Defendant, in the exercise of reasonable care, should have discovered and remedied it; and/or
      b. Defendant caused or affirmatively created the Hazard.
12. Plaintiff slipped on the Hazard, fell violently to the floor, and suffered [DESCRIBE INJURIES, e.g., a comminuted fracture of the right ankle].
13. As a direct and proximate result, Plaintiff incurred medical expenses, lost wages, pain and suffering, emotional distress, loss of enjoyment of life, and other damages to be proven at trial.

5. COUNT I – NEGLIGENCE (PREMISES LIABILITY – SLIP AND FALL)

14. Plaintiff incorporates paragraphs 1 through 13 as though fully set forth herein.
15. Defendant owed Plaintiff, an invitee, a duty to exercise reasonable care to inspect, maintain, and keep its premises free from dangerous conditions and to warn of hazards it knew or reasonably should have known existed.
16. Defendant breached that duty by:
      a. Failing to inspect and maintain the premises in a reasonably safe condition;
      b. Failing to clean, remove, or repair the Hazard;
      c. Failing to provide adequate warnings; and
      d. Otherwise acting and/or omitting to act in a manner constituting negligence.
17. Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries and damages.

6. DAMAGES

18. Pursuant to W.R.C.P. 8(a), Plaintiff seeks damages in an amount to be determined by the jury, but in excess of [“$50,000” or other jurisdictional statement].
19. Categories of recoverable damages include, without limitation:
      a. Past and future medical expenses;
      b. Past and future lost earnings and earning capacity;
      c. Past and future physical pain and mental suffering;
      d. Permanent impairment and loss of enjoyment of life; and
      e. Pre- and post-judgment interest as allowed by law.

7. COMPARATIVE FAULT & RESERVATION OF RIGHTS

20. Wyoming follows modified comparative fault, Wyo. Stat. Ann. § 1-1-109(b), whereby Plaintiff’s recovery is barred only if Plaintiff’s fault exceeds fifty percent (50%).
21. Plaintiff denies any comparative fault but pleads compliance with § 1-1-109(b) and reserves the right to amend this Complaint to address affirmative defenses raised by Defendant.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant as follows:
a. Compensatory damages in an amount to be determined at trial;
b. Costs of suit herein incurred;
c. Pre- and post-judgment interest at the maximum rate allowed by law;
d. Such other and further relief as the Court deems just and proper.

9. DEMAND FOR JURY TRIAL

Pursuant to Wyo. Const. art. 1, § 9 and W.R.C.P. 38(b), Plaintiff hereby demands a trial by jury on all issues so triable.

10. VERIFICATION

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

Date: [___]                 ____________________________
                      [PLAINTIFF NAME]

RESPECTFULLY SUBMITTED,

[LAW FIRM NAME]
Address: [___]
Phone: [___]
Email: [___]

By: __________________________________
  [ATTORNEY NAME], Wyo. Bar No. [___]
  Attorney for Plaintiff