STATE OF MICHIGAN

___ JUDICIAL CIRCUIT COURT

COUNTY OF [COUNTY]

[PLAINTIFF FULL LEGAL NAME],
an individual,
Plaintiff,

v.

[DEFENDANT FULL LEGAL NAME],
a [corporation/limited liability company/individual],
Defendant.

Case No. _
Hon. _______

COMPLAINT AND DEMAND FOR JURY TRIAL

[// GUIDANCE: Caption follows MCR 2.113(A). Insert venue-appropriate circuit court (most PI matters exceed district-court jurisdictional limit).]

TABLE OF CONTENTS

1. Parties ................................................................. ¶¶ 1-4
2. Jurisdiction and Venue .................................... ¶¶ 5-7
3. General Allegations ............................................ ¶¶ 8-17
4. Count I – Negligence ............................................ ¶¶ 18-28
5. Damages .............................................................. ¶¶ 29-33
6. Reservation of Rights ........................................ ¶ 34
7. Jury Demand ....................................................... ¶ 35
8. Prayer for Relief ................................................. p. 8
9. Verification & Signature Block ........................ p. 9

[// GUIDANCE: Delete Table for shorter complaints; Michigan courts accept but do not require TOCs.]

PARTIES

1. Plaintiff [PLAINTIFF] (“Plaintiff”) is a resident of ______ County, Michigan, and at all relevant times was lawfully present in the State of Michigan.

2. Defendant [DEFENDANT] (“Defendant”) is a [Michigan/foreign] [corporation/LLC/individual] with its principal place of business at ____ and does business in ____ County, Michigan.

3. Upon information and belief, Defendant owns, operates, manages, and/or controls the premises, instrumentality, or activity that gave rise to Plaintiff’s injuries.

4. At all relevant times Defendant owed legal duties to Plaintiff arising under Michigan common and statutory law, including the duty to exercise reasonable care to avoid foreseeable harm.

JURISDICTION AND VENUE

5. This Court has subject-matter jurisdiction pursuant to Mich. Comp. Laws § 600.605 because the amount in controversy exceeds $25,000, exclusive of costs, interest, and attorney fees.

6. Venue is proper in this Court under Mich. Comp. Laws § 600.1621(a) because Defendant resides, has a registered office, and/or conducts business in this county, and/or § 600.1629 because the acts or omissions giving rise to this action occurred in this county.

7. Personal jurisdiction is proper pursuant to Mich. Comp. Laws § 600.705 because Defendant transacted business and committed tortious acts within the State of Michigan.

GENERAL ALLEGATIONS

8. On or about [DATE], Plaintiff was lawfully present at [LOCATION].

9. At that time and place, Defendant [describe act/omission—e.g., “failed to maintain a reasonably safe premises by allowing liquid to accumulate on the floor”].

10. Defendant knew or, in the exercise of reasonable care, should have known of the dangerous condition and the foreseeable risk of harm to lawful visitors such as Plaintiff.

11. Defendant failed to remedy the hazard, warn Plaintiff, or otherwise exercise reasonable care.

12. As a direct and proximate result, Plaintiff [describe injury—e.g., “slipped and fell, sustaining serious bodily injuries”].

13. Plaintiff sought and received medical treatment beginning on [DATE] and continuing to the present.

14. Plaintiff has incurred past medical expenses of approximately $____ and will incur additional future medical expenses.

15. Plaintiff has suffered lost wages and impairment of earning capacity estimated at $____.

16. Plaintiff has experienced pain, suffering, emotional distress, loss of enjoyment of life, and other noneconomic damages.

17. All conditions precedent to filing this action have occurred, been satisfied, or have been waived.

[// GUIDANCE: For auto cases, certify statutory threshold per MCL 500.3135(1); for medical-malpractice, attach Notice of Intent and Affidavit of Merit per MCL 600.2912b & 600.2912d.]

COUNT I – NEGLIGENCE

18. Plaintiff realleges and incorporates ¶¶ 1-17 as though fully set forth herein.

19. Defendant owed Plaintiff a duty of reasonable care under Michigan law to maintain the premises and/or operate its activities so as to prevent foreseeable injury.

20. Defendant breached that duty by, inter alia:
     a. Failing to correct a hazardous condition;
     b. Failing to warn Plaintiff of the condition;
     c. Failing to implement reasonable inspection protocols; and
     d. Other acts or omissions to be proven at trial.

21. Michigan follows a comparative-fault regime, Mich. Comp. Laws §§ 600.2956 & 600.6304; however, Defendant’s negligence constitutes more than 50% of the total fault and subjects Defendant to joint and several liability for Plaintiff’s economic damages.

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

23. As a foreseeable consequence, Plaintiff suffered damages as previously described.

24. Defendant’s conduct was willful, wanton, reckless, and/or showed a complete disregard for the safety of others, entitling Plaintiff to exemplary damages as permitted by law.

25. Plaintiff’s damages include both economic and noneconomic losses. Noneconomic damages, if any, shall be awarded up to the maximum amount allowed by any applicable statutory cap, including but not limited to Mich. Comp. Laws §§ 600.1483 (medical-malpractice) or 600.2946a (certain product liability actions).

26. Plaintiff expressly preserves the right to recovery of the full measure of damages permitted under Michigan law, together with prejudgment interest under Mich. Comp. Laws § 600.6013 and taxable costs.

27. WHEREFORE, Plaintiff demands judgment against Defendant as set forth below.

28. Plaintiff reserves the right to amend this Count as discovery dictates.

DAMAGES

29. Past medical expenses: $____ (approx.).

30. Future medical expenses: $____ (to be proven at trial).

31. Lost wages and loss of earning capacity: $____.

32. Noneconomic damages (pain, suffering, mental anguish, loss of enjoyment of life): in an amount the jury deems fair and reasonable, subject to any applicable statutory limitations.

33. Exemplary damages, costs, interest, and such further relief as the Court deems just.

RESERVATION OF RIGHTS

34. Plaintiff expressly reserves the right to amend this Complaint to add additional parties, claims, or damages, and to conform the pleadings to the evidence pursuant to MCR 2.118.

JURY DEMAND

35. Pursuant to Mich. Const. 1963, art. 1, § 14 and MCR 2.508, Plaintiff demands trial by jury on all issues so triable.

PRAYER FOR RELIEF

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

A. Economic damages in whatever amount the evidence shows at trial;
B. Noneconomic damages consistent with Michigan law and any statutory caps;
C. Exemplary damages where allowed;
D. Pre- and post-judgment interest as provided by Mich. Comp. Laws § 600.6013;
E. Taxable costs and attorney fees as permitted by law; and
F. Such other and further relief as this Court deems just and equitable.

VERIFICATION

I, [PLAINTIFF], verify that the foregoing statements are true to the best of my knowledge, information, and belief.

Date: __ 202__

[PLAINTIFF NAME]

[// GUIDANCE: Verification optional in Michigan civil practice; include if client will sign. Remove if counsel signs alone.]

SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME]
Attorneys for Plaintiff

By: _____
[ATTORNEY NAME] (P-_)
[Street Address]
[City], MI [ZIP]
Tel: () -_
Email: ______

Date: __ 202__

[// GUIDANCE: MCR 1.109(E) requires attorney’s bar number and contact information with every filing.]

NOTICE RE: APPORTIONMENT OF FAULT

[// GUIDANCE: Consider serving a Notice of Non-Party Fault within 91 days of filing (MCR 2.112(K)) if you may later seek to allocate fault to non-parties.]

END OF DOCUMENT

[// GUIDANCE SUMMARY:
1. Statutory citations limited to well-established provisions (MCL §§ 600.605, 600.1621, 600.1629, 600.2956, 600.6304, 600.6013, 600.1483, 600.2946a).
2. Joint-and-several liability language aligns with Michigan’s modified several-liability scheme.
3. Damage-cap language covers medical-malpractice and certain product-liability scenarios; practitioners should adjust based on claim type.
4. Remove guidance comments before filing with the court.]