MISSOURI STATE COURT COMPLAINT – PERSONAL INJURY (NEGLIGENCE)

(Professionally-Drafted Litigation Template – Ready for Attorney Customization)

[// GUIDANCE: This model pleading is designed for use in Missouri circuit courts (non-federal) in a routine negligence action not involving medical malpractice. Where medical malpractice is alleged, additional statutory requirements (expert affidavit, special damages cap, etc.) will apply and must be incorporated. Bracketed text — e.g., [COUNTY] — denotes a user-supplied variable. Strategic drafting notes appear in green comments like this block.]

TABLE OF CONTENTS

I. Document Header & Caption
II. Definitions
III. Operative Allegations
 A. Parties
 B. Jurisdiction & Venue
 C. Facts Common to All Counts
IV. Counts (Causes of Action)
 Count I – Negligence
 [Optional] Count II – Negligence Per Se
 [Optional] Count III – Respondeat Superior
V. Damages & Prayer for Relief
VI. Demand for Jury Trial
VII. Reservation of Rights & Additional Allegations
VIII. Verification (if required)
IX. Certificate of Service

I. DOCUMENT HEADER & CAPTION

text
IN THE CIRCUIT COURT OF [COUNTY] COUNTY, MISSOURI
[JUDICIAL CIRCUIT NO. ___]

[PLAINTIFF NAME], )
)
Plaintiff, )
) Case No. _
v. )
) Division __
[DEFENDANT NAME], )
)
Defendant. )
__________)

PETITION FOR DAMAGES – PERSONAL INJURY (NEGLIGENCE)
[// GUIDANCE: Check local rule for required “short caption” on subsequent pages.]

II. DEFINITIONS

For ease of reference and to promote drafting precision, the following capitalized terms have the meanings given below and apply throughout this Petition:

1. “Accident” means the incident that occurred on [DATE] at or near [LOCATION] giving rise to Plaintiff’s injuries.
2. “Defendant” means [DEFENDANT NAME], together with any predecessors, successors, agents, servants, or employees whose conduct is alleged herein.
3. “Plaintiff” means [PLAINTIFF NAME], including any lawful representatives, heirs, or assigns.
4. “Premises” means the real property, roadway, or other location where the Accident occurred.
5. “Vehicle” means the motor vehicle operated by Defendant at the time of the Accident.

III. OPERATIVE ALLEGATIONS

A. Parties

1. Plaintiff is an individual resident of [COUNTY] County, Missouri, over the age of eighteen, and at all relevant times a citizen of the State of Missouri.
2. Defendant is a [corporation / individual / partnership] organized under the laws of [STATE] and doing systematic and continuous business in Missouri. Defendant may be served with process at [SERVICE ADDRESS].
3. At all relevant times, Defendant acted by and through its agents, servants, and employees, each of whom acted within the scope of his or her employment and authority.

B. Jurisdiction & Venue

4. This Court has subject-matter jurisdiction because the causes of action sound in tort under Missouri common law and seek damages well in excess of the jurisdictional minimum of the Circuit Court.
5. Venue is proper in this County under Missouri law because (a) Defendant resides in or conducts business in this County, and/or (b) the Accident and resulting injuries occurred in this County.
6. No other court presently has exclusive jurisdiction over the subject matter of this action.

C. Facts Common to All Counts

7. On [DATE], at approximately [TIME], Plaintiff was lawfully present at the Premises when Defendant, operating the Vehicle in a careless and negligent manner, caused a collision with Plaintiff and/or Plaintiff’s property.
8. Defendant owed a duty to operate the Vehicle with the highest degree of care, including compliance with all applicable statutes, ordinances, and rules of the road.
9. Defendant breached that duty by, inter alia:

a. [Failing to maintain a proper lookout];
b. [Driving at an excessive speed];
c. [Failing to yield the right-of-way]; and/or
d. [Operating the Vehicle while distracted or impaired].

10. As a direct and proximate result of Defendant’s negligence, Plaintiff sustained serious bodily injuries, including but not limited to [describe injuries], has incurred medical expenses, lost wages, pain, suffering, emotional distress, and will continue to incur such damages in the future.

[// GUIDANCE: Add fact-specific allegations tailored to slip-and-fall, product defect, etc., as needed.]

IV. COUNTS (CAUSES OF ACTION)

COUNT I – NEGLIGENCE

11. Plaintiff incorporates by reference Paragraphs 1 through 10 as though fully set forth herein.
12. Defendant owed Plaintiff a duty of reasonable care (highest degree of care for motor-vehicle operation).
13. Defendant breached that duty in one or more of the respects alleged above.
14. Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries and damages.
15. Plaintiff’s damages exceed [$25,000] and are subject to modification under any applicable Missouri statutory damage caps.

WHEREFORE, Plaintiff prays for judgment against Defendant as set forth in the Prayer for Relief.

[OPTIONAL] COUNT II – NEGLIGENCE PER SE

16. Plaintiff realleges Paragraphs 1 through 15.
17. At the time of the Accident, Defendant violated [identify specific Missouri traffic statute or ordinance] intended to protect persons such as Plaintiff from the type of harm suffered.
18. Defendant’s statutory violation constitutes negligence per se, directly and proximately causing Plaintiff’s injuries and damages.

WHEREFORE, Plaintiff prays for judgment against Defendant as set forth in the Prayer for Relief.

[OPTIONAL] COUNT III – RESPONDEAT SUPERIOR

19. Plaintiff realleges Paragraphs 1 through 18.
20. At all relevant times, [EMPLOYEE/AGENT NAME] was an employee/agent of Defendant acting within the course and scope of employment.
21. Under the doctrine of respondeat superior, Defendant is vicariously liable for the negligent acts and omissions of its employee/agent.

WHEREFORE, Plaintiff prays for judgment against Defendant as set forth in the Prayer for Relief.

V. DAMAGES & PRAYER FOR RELIEF

22. Plaintiff seeks the following damages, subject to proof at trial:

a. Past and future medical expenses;
b. Past and future lost earnings and impairment of earning capacity;
c. Past and future noneconomic damages, including pain, suffering, mental anguish, and loss of enjoyment of life, subject to any Missouri statutory cap on noneconomic damages, if applicable;
d. Property damage and out-of-pocket costs;
e. Pre- and post-judgment interest as permitted by law;
f. Court costs and allowable expenses; and
g. Such other and further relief as the Court deems just and proper.

[// GUIDANCE: Missouri generally applies “pure comparative fault” and modified joint-and-several liability. Plead damages “jointly and severally” to preserve full recovery if Defendant’s fault equals or exceeds the statutory threshold (currently 51%).]

VI. DEMAND FOR JURY TRIAL

23. Pursuant to Article I, § 22(a) of the Missouri Constitution and Missouri Supreme Court Rule 69.01, Plaintiff hereby demands a trial by jury on all issues so triable.

VII. RESERVATION OF RIGHTS & ADDITIONAL ALLEGATIONS

24. Plaintiff reserves the right to amend this Petition to add additional parties, claims, or prayers for relief as discovery may reveal and as justice requires.
25. Plaintiff further invokes the doctrine of relation back for any such amendments, to the fullest extent permitted by Missouri Rule 55.33(c).
26. Plaintiff places all potential defendants on notice to preserve evidence relevant to the Accident, including electronic data (e.g., EDR/“black-box” data, surveillance video, telematics, and cell-phone records).

VIII. VERIFICATION

[// GUIDANCE: Missouri generally does not require verification of personal-injury petitions. Include only if local rule or statute demands.]

text
STATE OF MISSOURI )
) ss.
COUNTY OF __ )

The undersigned, being first duly sworn, states that he/she has read the foregoing
Petition and that the facts stated therein are true and correct to the best of his/her
knowledge, information, and belief.

[PLAINTIFF NAME]

Subscribed and sworn before me this ___ day of ____, 20__.

Notary Public
My Commission Expires: ______

IX. CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing Petition was served on [DATE] upon all counsel of record via [method of service compliant with Missouri Supreme Court Rule 43.01].

text

[ATTORNEY NAME]
MISSOURI BAR NO. __
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]
Attorney for Plaintiff

ATTORNEY SIGNATURE BLOCK

text
Respectfully submitted,

[LAW FIRM NAME]

By: _____
[ATTORNEY NAME], Mo. Bar No. __
[ADDRESS]
[CITY, STATE ZIP]
Phone: [PHONE NUMBER]
Fax: [FAX NUMBER]
Email: [EMAIL ADDRESS]

ATTORNEY FOR PLAINTIFF

[END OF TEMPLATE]

[// GUIDANCE:

• Damage Caps – Missouri caps noneconomic damages only in medical-malpractice cases and certain statutory causes (currently indexed annually). If your claim does not fall within those categories, no cap applies; delete or modify Paragraph 22(c) accordingly.

• Punitive Damages – Missouri now requires leave of court to plead punitive damages (see Mo. Rev. Stat. § 510.261). Omit punitive-damage allegations until the statutory threshold is met.

• Joint & Several Liability – Under current Missouri law, a defendant is jointly and severally liable for the full amount of economic damages only if found at least 51% at fault; otherwise, liability is several. Tailor requests for judgment to preserve maximum recovery.

• Comparative Fault – Missouri follows pure comparative fault; be prepared to address any counterclaims or affirmative defenses alleging Plaintiff’s contributory negligence.

• Electronic Filing – Confirm compliance with the local circuit’s e-filing rules (formatting, OCR, exhibits).

• Service of Process – Verify that the service address for each defendant is current and that the selected method of service satisfies Rule 54.
]