IOWA DISTRICT COURT – STATE COURT COMPLAINT (PETITION AT LAW)

Personal Injury – Negligence
[// GUIDANCE: This template is drafted for use in any judicial district of the Iowa District Court system. Replace bracketed placeholders, delete inapplicable options, and conform formatting to local rules (e.g., font size, margins, caption formatting).]

CAPTION

IN THE IOWA DISTRICT COURT FOR [___ COUNTY]

[PLAINTIFF FULL LEGAL NAME],
  Plaintiff,

v.

[DEFENDANT #1 FULL LEGAL NAME] and
[DEFENDANT #2 FULL LEGAL NAME],
  Defendants.

Case No. ____

PETITION AT LAW, JURY DEMAND, AND REQUEST FOR SERVICE

TABLE OF CONTENTS

1. Parties ................................................................................................. 2
2. Jurisdiction and Venue ................................................................... 3
3. Factual Allegations .......................................................................... 3
4. Cause of Action – Negligence .................................................... 5
5. Damages ............................................................................................ 6
6. Comparative Fault / Joint & Several Liability ........................... 7
7. Reservation of Rights re: Damage Caps .................................... 7
8. Preservation of Evidence ................................................................7
9. Injunctive Relief (Limited) ............................................................8
10. Jury Demand ................................................................................. 8
11. Prayer for Relief ............................................................................ 8
12. Conditions Precedent & Compliance Statement .................... 9
13. Verification / Certification ........................................................ 9
14. Signature Block ............................................................................ 10

1. PARTIES

1.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an individual domiciled in [COUNTY], Iowa, and at all relevant times was a resident of the State of Iowa.

1.2 Defendant(s).
 (a) [DEFENDANT #1 LEGAL NAME] (“Defendant #1”) is a [corporation/LLC/individual/etc.] organized under the laws of [STATE] with its principal place of business in [CITY, STATE] and transacting business in Iowa.
 (b) [DEFENDANT #2 LEGAL NAME] (“Defendant #2”) is a [corporation/LLC/individual/etc.] organized under the laws of [STATE] with its principal place of business in [CITY, STATE] and transacting business in Iowa.

[// GUIDANCE: Add additional defendants as necessary and include agency/alters-ego allegations if you intend to pierce separate liability protections.]

2. JURISDICTION AND VENUE

2.1 This Court has subject-matter jurisdiction pursuant to Iowa Code § 602.6101 and Iowa Code § 602.6103 because the amount in controversy exceeds the jurisdictional limit of the small claims division and involves a claim at law for personal injuries.

2.2 Personal jurisdiction is proper because each Defendant committed tortious acts in Iowa or purposefully availed itself of Iowa markets, satisfying Iowa’s long-arm statute and constitutional due-process requirements.

2.3 Venue is proper in [___] County under Iowa R. Civ. P. 1.801(2) because the cause of action arose in this county and/or Defendants reside or maintain a principal place of business herein.

3. FACTUAL ALLEGATIONS

3.1 On or about [DATE] (the “Incident”), Plaintiff was lawfully present at/on [LOCATION] when Defendants, by themselves, their employees, and/or their agents, negligently caused Plaintiff to suffer serious bodily injuries.

3.2 [Insert detailed narrative of events: e.g., Defendants’ driver [NAME] operated a [TYPE OF VEHICLE] eastbound on [ROAD] at an excessive speed, failed to maintain a proper lookout, and collided with Plaintiff’s vehicle/pedestrian position.]

3.3 At all material times, Defendants owed Plaintiff a duty of reasonable care under Iowa common law, statutory law, and applicable regulations, including but not limited to maintaining premises/operating vehicles in a reasonably safe manner.

3.4 Defendants breached that duty by, inter alia:
 (a) [Specific negligent act or omission #1];
 (b) [Specific negligent act or omission #2];
 (c) Failing to comply with [relevant statute/regulation/industry standard].

3.5 As a direct and proximate result of Defendants’ breaches, Plaintiff sustained the following injuries (collectively, the “Injuries”):
 (a) [Physical injury #1];
 (b) [Physical injury #2];
 (c) Emotional distress, pain, and suffering;
 (d) Loss of earnings and future earning capacity; and
 (e) Past and future medical expenses.

3.6 Plaintiff has incurred medical bills to date in excess of $[AMOUNT] and anticipates future medical care and related expenses.

3.7 All conditions precedent to bringing this action have been performed, waived, or have otherwise occurred.

4. CAUSE OF ACTION – NEGLIGENCE

4.1 Plaintiff realleges and incorporates by reference paragraphs 1.1 through 3.7 as though fully set forth herein.

4.2 Under Iowa law, negligence consists of a duty, breach, causation, and damages. Defendants owed Plaintiff a duty of reasonable care, breached that duty as described herein, and that breach was a proximate cause of Plaintiff’s Injuries and damages.

4.3 Accordingly, Plaintiff seeks judgment against Defendants jointly and severally for all damages allowed by law.

5. DAMAGES

5.1 Economic Damages (Iowa Code ch. 668):
 (a) Past medical expenses: $[AMOUNT] (to be proven at trial).
 (b) Future medical expenses: $[AMOUNT] (life-care plan to be provided).
 (c) Past lost wages: $[AMOUNT].
 (d) Future loss of earning capacity: $[AMOUNT].

5.2 Non-Economic Damages:
 (a) Past and future pain and suffering;
 (b) Loss of enjoyment of life;
 (c) Emotional distress;
 (d) [Consortium damages, if applicable].

5.3 Punitive/Exemplary Damages (if warranted by willful and wanton conduct per Iowa Code § 668A.1).

[// GUIDANCE: Insert itemization per Iowa R. Civ. P. 1.403(1) if required to plead special damages with specificity.]

6. COMPARATIVE FAULT / JOINT & SEVERAL LIABILITY

6.1 Plaintiff affirmatively alleges that each Defendant’s percentage of fault will equal or exceed fifty percent (50%).

6.2 Therefore, pursuant to Iowa Code § 668.4, Defendants are jointly and severally liable to Plaintiff for all economic damages and, given their respective fault, for non-economic damages as provided by law.

6.3 Plaintiff denies any comparative fault. In the alternative, should comparative fault be asserted, Plaintiff’s fault, if any, is less than fifty-one percent (51%), thereby preserving Plaintiff’s right to recover damages under Iowa’s modified comparative-fault scheme (Iowa Code § 668.3).

7. RESERVATION OF RIGHTS RE: DAMAGE CAPS

7.1 To the extent any statutory cap on damages—including but not limited to Iowa Code § 147.136E (medical malpractice noneconomic damages) or any other limitation—may be asserted by Defendants, Plaintiff:
 (a) Puts Defendants on notice of intent to challenge the constitutionality, applicability, and/or scope of any such cap; and
 (b) Pleases in the alternative recovery up to the maximum amount permitted should the cap be deemed applicable.

[// GUIDANCE: Delete § 147.136E reference if the matter is not a medical-malpractice claim.]

8. PRESERVATION OF EVIDENCE

8.1 Defendants are hereby placed on notice to preserve all evidence relevant to the Incident, including but not limited to surveillance footage, electronic data recorder (“black-box”) information, maintenance logs, employment/personnel files, incident reports, and any electronically stored information (“ESI”). Failure to do so may result in sanctions under Iowa R. Civ. P. 1.517 and governing case law.

9. INJUNCTIVE RELIEF (LIMITED)

9.1 Pursuant to Iowa R. Civ. P. 1.602(1), Plaintiff seeks such limited injunctive relief as the Court deems just and proper to abate ongoing dangerous conditions at/on [LOCATION] that pose an immediate threat of injury to the public.

[// GUIDANCE: Injunctive relief is rarely sought in traditional personal-injury cases. Delete this section if not applicable.]

10. JURY DEMAND

10.1 Plaintiff demands a trial by jury of all issues so triable as a matter of right under Article I, § 9 of the Iowa Constitution and Iowa R. Civ. P. 1.904(2).

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendants, jointly and severally, for:

a. Economic damages in an amount to be proven at trial;
b. Non-economic damages as allowed by law;
c. Punitive/exemplary damages where proven;
d. Pre-judgment and post-judgment interest as provided by Iowa Code § 535.3;
e. Costs of this action pursuant to Iowa R. Civ. P. 1.602(5);
f. Any limited injunctive relief deemed appropriate; and
g. Such other and further relief as the Court deems just and equitable.

12. CONDITIONS PRECEDENT & COMPLIANCE STATEMENT

12.1 All statutory and procedural prerequisites to maintaining this action have been satisfied, including satisfaction of any pre-suit notice requirements, service prerequisites under Iowa R. Civ. P. 1.305, and payment of requisite filing fees.

12.2 This Petition complies with Iowa R. Civ. P. 1.402(2) (short and plain statement of the claim) and Iowa R. Civ. P. 1.403(1) (pleading of special matters).

13. VERIFICATION / CERTIFICATION

[// GUIDANCE: Iowa does not require verified pleadings in ordinary negligence actions. Insert verification language if desired or if local rules require. Example below.]

I, [PLAINTIFF NAME], declare under penalty of perjury that the factual allegations contained in paragraphs 1.1 through 3.7 are true and correct to the best of my knowledge, information, and belief.

Date: _  _______
                  [PLAINTIFF NAME]

14. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
[Street Address]
[City], Iowa [ZIP]
Telephone: [--_]
Facsimile: [--_]
Email: [PRIMARY COUNSEL EMAIL]

By: __________
[ATTORNEY NAME], AT000[BAR #]
ATTORNEY FOR PLAINTIFF

REQUEST FOR SERVICE

Please issue Original Notices for each Defendant pursuant to Iowa R. Civ. P. 1.302 and 1.305, to be served at the following addresses:

• [DEFENDANT #1 NAME & ADDRESS]
• [DEFENDANT #2 NAME & ADDRESS]

Return the executed Proofs of Service to the undersigned counsel.

[// GUIDANCE:
1. Electronic Filing: Iowa courts utilize EDMS; verify formatting (e.g., PDF, OCR, bookmarks).
2. Local Rules: Some districts require a civil cover sheet; check Seventh Judicial District rule 2.2 or applicable local rule.
3. Expert Affidavits (Med-Mal): If this is a medical-malpractice case, attach the certificate of merit required by Iowa Code § 147.140.
4. Comparative Fault & Spoliation: Early preservation letters can strengthen spoliation claims; consider serving immediately with the Petition.
5. Damage Caps Strategy: Preserve constitutional challenges early to avoid waiver.
6. Settlement Allocation: For multiple defendants, remember Iowa Code § 668.7 (settlement secrecy) and § 668.11 (expert disclosures 180 days before trial).
7. Timeliness: Personal injury actions in Iowa generally have a two-year statute of limitations (Iowa Code § 614.1(2)). Verify accrual date before filing.
]