STATE COURT COMPLAINT – PERSONAL INJURY
(New Mexico)
[// GUIDANCE: This template tracks the pleading requirements of the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-001 et seq.) and incorporates New-Mexico-specific negligence standards, joint-and-several liability limitations, and statutory damages caps. All bracketed items MUST be customized before filing.]
TABLE OF CONTENTS
- Caption
- Preliminary Statement
- Parties
- Jurisdiction and Venue
- Factual Allegations
- Causes of Action
• Count I – Negligence (General)
• Count II – Premises Liability (optional) - Damages Allegations & Statutory Caps
- Comparative Fault / Joint‐and‐Several Liability Allegations
- Prayer for Relief
- Demand for Jury Trial
- Reservation of Rights
- Verification
- Certificate of Service
1. CAPTION
STATE OF NEW MEXICO
COUNTY OF [COUNTY_NAME]
[ ] JUDICIAL DISTRICT COURT
[PLAINTIFF_FULL_NAME],
Plaintiff,
v. Case No. D--CV-_
[DEFENDANT_FULL_NAME],
Defendant.
2. PRELIMINARY STATEMENT
- Plaintiff, [PLAINTIFF_FULL_NAME] (“Plaintiff”), brings this civil action for personal injuries sustained on or about [DATE_OF_INCIDENT] as a direct and proximate result of Defendant’s negligent acts and omissions.
- Plaintiff seeks compensatory damages, punitive damages (where legally permissible), pre- and post-judgment interest, costs, and such other relief as the Court deems just and proper, subject to any applicable statutory limitations.
3. PARTIES
3.1 Plaintiff.
a. Plaintiff is a resident of the State of New Mexico, residing at [PLAINTIFF_ADDRESS].
3.2 Defendant.
a. [DEFENDANT_FULL_NAME] (“Defendant”) is a [corporation / limited liability company / individual / governmental entity] with its principal place of business at [DEFENDANT_ADDRESS] and may be served with process via [REGISTERED_AGENT_NAME & ADDRESS / personal service].
[// GUIDANCE: Insert additional defendants or fictitious parties (John Does 1-5) if necessary under Rule 1-010(C), NMRA.]
4. JURISDICTION AND VENUE
4.1 Subject-Matter Jurisdiction.
This Court has subject-matter jurisdiction pursuant to N.M. Const. art. VI, § 13 and Rule 1-001 NMRA.
4.2 Personal Jurisdiction.
Defendant transacts business, commits tortious acts, and/or maintains continuous and systematic contacts within the State of New Mexico sufficient to confer personal jurisdiction.
4.3 Venue.
Venue is proper in this County under N.M. Stat. Ann. § 38-3-1(A) (2023) because the cause of action arose in this County and Defendant resides/does business here.
5. FACTUAL ALLEGATIONS
5.1 On [DATE_OF_INCIDENT], Plaintiff was lawfully present at [DESCRIPTION_OF_PREMISES].
5.2 At the time and place aforesaid, Defendant owed Plaintiff a duty of reasonable care, including but not limited to the duty to:
a. Maintain the premises in a reasonably safe condition;
b. Inspect for, discover, and correct dangerous conditions; and
c. Warn lawful visitors of latent hazards.
5.3 Defendant breached said duties by:
a. [DESCRIPTION_OF_NEGLIGENT_ACT];
b. [ADDITIONAL_BREACHES].
5.4 As a direct and proximate result of Defendant’s breaches, Plaintiff sustained severe bodily injuries, including [DESCRIPTION_OF_INJURY], incurred medical expenses, lost wages, pain and suffering, and other damages as will be proved at trial.
6. CAUSES OF ACTION
COUNT I – NEGLIGENCE
6.1 Plaintiff realleges and incorporates Paragraphs 1 through 5.4 as if fully set forth herein.
6.2 Duty. Defendant owed Plaintiff the duties described above and the general duty of reasonable care recognized under New Mexico common law.
6.3 Breach. Defendant breached its duties by the acts and omissions described in Paragraph 5.3.
6.4 Causation. Defendant’s breach was the actual and proximate cause of Plaintiff’s injuries.
6.5 Damages. Plaintiff has suffered damages exceeding [$$DOLLAR_AMOUNT], subject to proof at trial.
COUNT II – PREMISES LIABILITY (optional)
6.6 Plaintiff realleges and incorporates Paragraphs 1 through 6.5.
6.7 Defendant had actual or constructive knowledge of the dangerous condition, failed to remedy it, and failed to warn Plaintiff, thereby breaching duties owed under premises-liability principles.
6.8 The dangerous condition was a cause in fact and a proximate cause of Plaintiff’s injuries and damages.
[// GUIDANCE: Delete Count II if the incident does not arise from premises liability; add motor-vehicle, product-liability, or other counts as appropriate.]
7. DAMAGES ALLEGATIONS & STATUTORY CAPS
7.1 Compensatory Damages. Plaintiff seeks past and future:
a. Medical and rehabilitative expenses;
b. Lost earnings and diminished earning capacity;
c. Physical pain and suffering;
d. Emotional distress;
e. Loss of enjoyment of life; and
f. Any other damages allowed by law.
7.2 Punitive Damages. Plaintiff reserves the right to seek punitive damages upon a showing of Defendant’s willful, wanton, or reckless conduct.
7.3 Statutory Damage Caps.
a. To the extent this action constitutes a medical malpractice claim, Plaintiff acknowledges the damages limitations set forth in N.M. Stat. Ann. § 41-5-6 (2023).
b. To the extent Defendant is a governmental entity, Plaintiff’s recovery is subject to the caps of the New Mexico Tort Claims Act, N.M. Stat. Ann. § 41-4-19 (2023).
c. Plaintiff pleads in the alternative and seeks the maximum recovery allowable under any applicable cap.
8. COMPARATIVE FAULT / JOINT-AND-SEVERAL LIABILITY ALLEGATIONS
8.1 Under New Mexico’s pure comparative-fault system and the Several Liability Act, N.M. Stat. Ann. § 41-3A-1 (2023), Defendant is liable for damages in proportion to its percentage of fault; however, should Defendant be found ≥ 50 % at fault, Defendant will be jointly and severally liable for all damages.
8.2 Plaintiff affirmatively pleads comparative fault to preclude unfair apportionment to unnamed tortfeasors and preserves the right to amend this Complaint to add such persons or entities upon discovery.
9. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:
- Compensatory damages in an amount to be determined at trial;
- Punitive damages as allowed by law;
- Pre- and post-judgment interest as permitted by N.M. Stat. Ann. § 56-8-4;
- Costs of suit pursuant to Rule 1-054(D) NMRA;
- Such limited injunctive relief as may be necessary to abate the hazardous condition described herein; and
- Any other and further relief the Court deems just and proper.
10. DEMAND FOR JURY TRIAL
Pursuant to N.M. Const. art. II, § 12 and Rule 1-038 NMRA, Plaintiff demands a trial by jury on all issues so triable.
11. RESERVATION OF RIGHTS
Plaintiff reserves the right to amend this Complaint to conform to the evidence, add additional parties or causes of action, and increase or modify the damages sought, as justice may require.
12. VERIFICATION
I, [PLAINTIFF_FULL_NAME], being first duly sworn, state 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.
[PLAINTIFF_FULL_NAME]
Date: _______
[// GUIDANCE: Notarization of the verification is customary but not mandatory; check local practice in the filing county.]
13. CERTIFICATE OF SERVICE
I hereby certify that on this ___ day of ____, 20__, I caused a true and correct copy of the foregoing Complaint to be served upon:
[DEFENSE_COUNSEL_NAME & ADDRESS]
via [method of service consistent with Rule 1-005 NMRA].
[ATTORNEY_NAME], Esq.
[NM Bar No. _]
[LAWFIRM_NAME]
[ADDRESS]
Tel: [PHONE] | Email: [EMAIL]
Counsel for Plaintiff
[// GUIDANCE:
1. File electronically via Odyssey® e-File & Serve where mandated.
2. Pay filing fee per N.M. Judiciary fee schedule.
3. Obtain summons(es) under Rule 1-004 NMRA and serve Defendant(s) within 30 days of filing to avoid dismissal for untimely service (Rule 1-041(E)(2)).]