STATE COURT COMPLAINT – PERSONAL INJURY
Vermont Superior Court – Civil Division
[// GUIDANCE: This template is drafted to comply with the Vermont Rules of Civil Procedure (“V.R.C.P.”) and Vermont statutory law, including the comparative negligence statute, 12 V.S.A. § 1036. Bracketed text in ALL‐CAPS indicates information the preparer must customize. Inline comments beginning “[// GUIDANCE: …]” should be deleted before filing.]
TABLE OF CONTENTS
- Document Header
- Parties
- Jurisdiction and Venue
- Factual Allegations
- Cause of Action – Negligence
- Comparative Fault Allegation (12 V.S.A. § 1036)
- Damages
- Prayer for Relief
- Jury Demand
- Certification and Verification
- Demand for Jury Draw List (optional)
- Certificate of Service
1. DOCUMENT HEADER
STATE OF VERMONT
SUPERIOR COURT—[COUNTY] UNIT
CIVIL DIVISION
DOCKET NO.: [DOCKET NO.]
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,
v.
[DEFENDANT FULL LEGAL NAME],
Defendant.
COMPLAINT AND JURY DEMAND
[// GUIDANCE: Insert additional defendants or fictitious “John/Jane Doe” defendants if necessary under V.R.C.P. 15(c).]
2. PARTIES
2.1 Plaintiff. Plaintiff, [PLAINTIFF NAME] (“Plaintiff”), is an individual residing at [ADDRESS], County of [COUNTY], State of Vermont.
2.2 Defendant. Defendant, [DEFENDANT NAME] (“Defendant”), is
☐ an individual residing at [ADDRESS], County of [COUNTY], State of [STATE]; or
☐ a [corporation / LLC / partnership] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and authorized to do business in Vermont.
[// GUIDANCE: For corporate defendants, add registered agent information per 12 V.S.A. § 851 where service will be made.]
3. JURISDICTION AND VENUE
3.1 Subject‐Matter Jurisdiction. This Court has subject‐matter jurisdiction pursuant to 4 V.S.A. § 31 and V.R.C.P. 3 because this action is a civil matter sounding in tort and the amount in controversy exceeds the jurisdictional threshold of the Small Claims Division.
3.2 Personal Jurisdiction. Defendant is subject to personal jurisdiction in Vermont because:
(a) Defendant resides in, is incorporated in, or maintains its principal place of business in Vermont; or
(b) Defendant committed the tortious acts alleged herein within Vermont, satisfying Vermont’s long‐arm statute, 12 V.S.A. § 913.
3.3 Venue. Venue is proper in this Unit pursuant to 12 V.S.A. § 402 because Defendant resides in this County or because the cause of action arose here.
4. FACTUAL ALLEGATIONS
4.1 On [DATE], at approximately [TIME], Plaintiff was lawfully present at [LOCATION] in [TOWN/CITY], Vermont.
4.2 At that time and place, Defendant [describe specific negligent act or omission—e.g., “operated a motor vehicle eastbound on Main Street while texting.”]
4.3 Defendant owed Plaintiff a duty of reasonable care under Vermont common law and 12 V.S.A. § 1036.
4.4 Defendant breached that duty by [specific conduct, citing any statutory/regulatory duties if known].
4.5 As a direct and proximate result of Defendant’s breach, Plaintiff suffered the following injuries and damages:
(a) Physical injuries, including [list];
(b) Past and future medical expenses presently estimated at [$ AMOUNT];
(c) Past and future lost wages/loss of earning capacity estimated at [$ AMOUNT];
(d) Pain, suffering, emotional distress, and loss of enjoyment of life;
(e) Property damage to [describe property] in the amount of [$ AMOUNT];
(f) Other damages to be proven at trial.
5. CAUSE OF ACTION – NEGLIGENCE
5.1 Plaintiff re-alleges and incorporates by reference Paragraphs 4.1–4.5.
5.2 Duty. Defendant owed Plaintiff a duty to exercise reasonable care to avoid foreseeable risk of harm.
5.3 Breach. Defendant breached that duty by the acts and omissions set forth above.
5.4 Causation. Defendant’s breach was the actual and proximate cause of Plaintiff’s injuries.
5.5 Damages. Plaintiff suffered damages as more fully described in Section 7 below.
6. COMPARATIVE FAULT ALLEGATION
[Optional—include if Plaintiff anticipates comparative negligence defense.]
6.1 Pursuant to 12 V.S.A. § 1036, Plaintiff’s negligence, if any, was less than the negligence of Defendant; therefore, Plaintiff is entitled to recover the full amount of damages diminished only by any percentage of negligence properly attributed to Plaintiff.
6.2 Defendant bears the burden of proof on any allegation of comparative negligence.
7. DAMAGES
7.1 Compensatory Damages. Plaintiff seeks recovery for all past and future economic and noneconomic losses allowable under Vermont law.
7.2 Punitive Damages. Defendant’s conduct was willful, wanton, or in reckless disregard of Plaintiff’s rights, entitling Plaintiff to punitive damages under Vermont common law.
7.3 Statutory Damage Caps. Vermont presently imposes no general cap on compensatory or punitive damages in personal-injury actions.
[// GUIDANCE: If statutory caps apply (e.g., certain governmental defendants), insert specific limitations here.]
7.4 Joint and Several Liability. To the extent multiple tortfeasors are found liable, Plaintiff seeks entry of judgment imposing joint and several liability consistent with Vermont law.
8. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in Plaintiff’s favor and against Defendant as follows:
A. Compensatory damages in an amount to be determined at trial, but believed to exceed [$ AMOUNT];
B. Punitive damages, if proven;
C. Pre- and post-judgment interest as permitted by 12 V.S.A. § 2903;
D. Costs recoverable under V.R.C.P. 54(d) and 12 V.S.A. § 453;
E. Such other and further relief as the Court deems just and proper.
9. JURY DEMAND
Pursuant to V.R.C.P. 38, Plaintiff demands trial by jury on all issues so triable.
10. CERTIFICATION AND VERIFICATION
I, [PLAINTIFF NAME], certify under V.R.C.P. 11 that I have read the foregoing Complaint, that to the best of my knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and that it is not interposed for any improper purpose.
[PLAINTIFF SIGNATURE]
[DATE]
11. DEMAND FOR JURY DRAW LIST (OPTIONAL)
Pursuant to V.R.C.P. 47(a), Plaintiff requests that the Clerk prepare and provide a list of potential jurors prior to voir dire.
12. CERTIFICATE OF SERVICE
I hereby certify that on [DATE], I caused a true and correct copy of this Complaint to be served upon Defendant by:
☐ Personal service by a sheriff or constable pursuant to V.R.C.P. 4(d); or
☐ First-class mail, postage prepaid, to Defendant’s counsel of record, [NAME & ADDRESS], pursuant to V.R.C.P. 5(b).
[PLAINTIFF’S COUNSEL SIGNATURE BLOCK]
[ATTORNEY NAME] (Bar No. [####])
[LAW FIRM NAME]
[ADDRESS] – Tel: [PHONE] – Email: [EMAIL]
Counsel for Plaintiff
[// GUIDANCE: Add notarization or verification under oath if the specific claim type requires it (e.g., claims against the State).]