State Court Complaint - Personal Injury

SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF [COUNTY]

Case No. __________
COMPLAINT (Personal Injury – Negligence)
[JURY TRIAL DEMANDED]
[TIER ___ DISCOVERY]
[NOT SUBJECT / SUBJECT] TO COMPULSORY ARBITRATION

TABLE OF CONTENTS

1. Parties .......................................................................................................................... 2
2. Jurisdiction and Venue ......................................................................................... 2
3. Factual Allegations ................................................................................................. 3

4. Counts
   4.1 Count I – Negligence ....................................................................................... 5
   4.2 Count II – Negligence Per Se (optional) ...................................................... 6

5. Damages .................................................................................................................. 7

6. Reservation of Comparative Fault and Joint Liability Issues ........................ 8
7. Prayer for Relief ...................................................................................................... 8
8. Jury Demand ........................................................................................................... 9
9. Certification re Compulsory Arbitration ............................................................ 9
10. Verification .......................................................................................................... 10
11. Signature Block ................................................................................................... 10

1. PARTIES

1.1 Plaintiff [PLAINTIFF NAME] (“Plaintiff”) is and was at all relevant times a resident of [COUNTY], Arizona.

1.2 Defendant [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/etc.] duly organized under the laws of [STATE] with its principal place of business at [ADDRESS] and was, at all relevant times, conducting business or activities in [COUNTY], Arizona.

1.3 At all relevant times, Defendant owed duties of reasonable care to persons, including Plaintiff, lawfully present at [LOCATION/PROPERTY/ROADWAY].

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction pursuant to Ariz. Const. art. 6, § 14(3) (superior court original jurisdiction over cases in which the amount in controversy is $1,000 or more) and A.R.S. § 22-201(B) (justice courts have exclusive original jurisdiction of civil actions only where the amount involved is $10,000 or less), because the amount in controversy here exceeds the Justice Courts' $10,000 jurisdictional ceiling.

2.2 Venue is proper in this Court under A.R.S. § 12-401(10) (tort actions may be brought in the county where the wrong was committed or where Defendant resides or may be found) and, because Defendant is a business entity, § 12-401(18) (actions against corporations and similar entities may be brought in the county where the cause of action arose or where Defendant conducts business), in that the events giving rise to these claims occurred in [COUNTY], Arizona, and/or Defendant conducts business or may be found in this County.

2.3 This action is timely filed within the applicable two-year statute of limitations for personal injury claims. See A.R.S. § 12-542(1).

3. FACTUAL ALLEGATIONS

3.1 On or about [DATE], Plaintiff was lawfully [describe activity – e.g., driving eastbound on Main Street / shopping at Defendant’s premises / etc.].

3.2 At that time and place, Defendant, by and through its agents, employees, or representatives acting within the course and scope of their employment, negligently [describe conduct – e.g., failed to stop at a red light / failed to maintain the premises in a reasonably safe condition / violated safety statute X, etc.].

3.3 Defendant’s negligent acts and omissions include, without limitation:
a. Failure to exercise reasonable care under the circumstances;
b. Violation of [specific safety statute or ordinance, if applicable];
c. Failure to warn of or correct dangerous conditions;
d. Failure to train and supervise employees; and
e. Any additional acts of negligence revealed through discovery.

3.4 As a direct and proximate result of Defendant’s negligence, Plaintiff suffered severe bodily injuries, incurred medical expenses, experienced pain and suffering, lost wages, lost earning capacity, property damage [if applicable], and will incur future damages in amounts to be proven at trial.

3.5 Plaintiff complied with all conditions precedent to the bringing of this action.

4. COUNTS

4.1 Count I – Negligence

4.1.1 Plaintiff realleges and incorporates by reference ¶¶ 1.1–3.5 as though fully set forth herein.

4.1.2 Defendant owed Plaintiff a duty to exercise reasonable care in [operation of a motor vehicle / maintaining its premises / etc.].

4.1.3 Defendant breached that duty through the negligent acts and omissions described above.

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

4.1.5 Plaintiff is therefore entitled to recover compensatory damages in an amount to be determined by the trier of fact.

4.2 Count II – Negligence Per Se (Optional)

[Include if Defendant violated a specific statute or ordinance enacted for public safety.]

4.2.1 [Name of statute/ordinance] imposes a duty for the protection of persons such as Plaintiff.

4.2.2 Defendant violated the statute/ordinance by [describe violation].

4.2.3 Under Arizona law, violation of such a statute constitutes negligence per se.

4.2.4 Plaintiff suffered damages as a direct and proximate result of that statutory violation.

5. DAMAGES

5.1 Pursuant to Ariz. Const. art. 18, § 6, there is no statutory or constitutional cap on damages for personal injury in Arizona.

5.2 Plaintiff seeks all categories of damages allowed by Arizona law, including but not limited to:
a. Past and future medical expenses;
b. Past and future lost wages and loss of earning capacity;
c. Past and future physical pain and mental anguish;
d. Loss of enjoyment of life;
e. Property damage (if applicable);
f. Pre- and post-judgment interest as allowed by law;
g. Taxable costs and reasonable attorney fees where authorized; and
h. Punitive damages for Defendant’s conscious disregard of the rights and safety of others, if warranted.

6. RESERVATION OF COMPARATIVE FAULT & JOINT LIABILITY ISSUES

6.1 Arizona follows a pure comparative fault regime, with no bar to recovery at any percentage of claimant fault (subject to the intentional/wilful/wanton-conduct exception). See A.R.S. § 12-2505.

6.2 Pursuant to A.R.S. § 12-2506, each Defendant is severally liable only for the percentage of fault allocated to that Defendant, except under circumstances enumerated in the statute (e.g., acting in concert or an agency/servant relationship).

6.3 Plaintiff expressly denies any comparative negligence but, pursuant to A.R.S. § 12-2505, any damages awarded to Plaintiff shall be reduced only by any percentage of fault, if any, attributable to Plaintiff as determined by the trier of fact.

6.4 Pursuant to Ariz. Const. art. 18, § 5, the defense of contributory negligence or assumption of risk is in all cases a question of fact that must be left to the jury and may not be decided by the Court as a matter of law.

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that judgment be entered in Plaintiff’s favor and against Defendant as follows:

A. For compensatory damages in a fair and reasonable amount proven at trial;
B. For punitive damages, if the evidence so warrants;
C. For pre- and post-judgment interest as allowed by law;
D. For Plaintiff’s taxable costs and, where authorized, reasonable attorney fees; and
E. For all other and further relief the Court deems just and proper.

8. JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable as a matter of right pursuant to Ariz. Const. art. 2, § 23, Ariz. R. Civ. P. 38, and relevant Arizona law.

9. CERTIFICATION REGARDING COMPULSORY ARBITRATION

The undersigned certifies that, based on information presently known, the amount in controversy [exceeds / does not exceed] the jurisdictional limit for compulsory arbitration in [COUNTY] pursuant to Ariz. R. Civ. P. 72–77 and applicable local rules.

10. VERIFICATION

[OPTIONAL – include if required by local practice or to support punitive-damage allegations]

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I have read the foregoing Complaint and that the statements made herein are true and correct to the best of my knowledge, information, and belief.

______________________________
[PLAINTIFF NAME]

Subscribed and sworn to before me this ___ day of [MONTH], 20__.

______________________________
Notary Public
My Commission Expires: __________

11. SIGNATURE BLOCK

DATED this ___ day of [MONTH], 20__.

Respectfully submitted,

[LAW FIRM NAME]

By: ___________________________
[ATTORNEY NAME]
[AZ BAR NO.]
[ADDRESS]
[PHONE] | [EMAIL]

Attorney for Plaintiff