Wrongful Death Complaint - North Dakota

IN THE DISTRICT COURT OF THE STATE OF NORTH DAKOTA

[JUDICIAL DISTRICT] JUDICIAL DISTRICT — [COUNTY] COUNTY

COMPLAINT FOR WRONGFUL DEATH AND SURVIVAL ACTION

(N.D.C.C. ch. 32-21; N.D.C.C. § 28-01-26.1)

JURY TRIAL DEMANDED

TABLE OF CONTENTS

1. Introductory Allegations & Parties
2. Jurisdiction, Venue & Governing Law
3. General Factual Allegations
4. Count I – Wrongful Death (N.D.C.C. ch. 32-21)
5. Count II – Survival Action (N.D.C.C. § 28-01-26.1)
6. Damages Sought & Statutory Caps
7. Demand for Jury Trial
8. Prayer for Relief
9. Certification & Verification
10. Signature Block

1. INTRODUCTORY ALLEGATIONS & PARTIES

1.1 Plaintiff. [PLAINTIFF NAME] ("Plaintiff") is the duly appointed Personal Representative of the Estate of [DECEDENT NAME] (the "Decedent") pursuant to Letters Testamentary/Letters of Administration issued by the [COUNTY] County District Court, file no. [PROBATE FILE NUMBER], and is authorized to prosecute this action for the exclusive benefit of the statutory beneficiaries identified in North Dakota Century Code ("N.D.C.C.") § 32-21-03.

1.2 Statutory Beneficiaries. Under N.D.C.C. § 32-21-03, the action is brought by, and any recovery inures to, the following persons in the order named (each subsequent category taking priority only if no person in a prior category exists or brings the action within 30 days of demand):
a. The surviving spouse, if any: [NAME];
b. The surviving children, if any: [NAME(S)];
c. The surviving parent(s): [NAME(S)];
d. A surviving grandparent: [NAME], if applicable;
e. The personal representative of Decedent's Estate (if different from Plaintiff): [NAME];
f. A person who had primary physical custody of Decedent before the wrongful act, if applicable: [NAME].

1.3 Defendant. [DEFENDANT NAME] ("Defendant") is a [corporation/individual/other] organized under the laws of [STATE] with its principal place of business/residence at [ADDRESS] and transacting business in [COUNTY] County, North Dakota.

1.4 Relationship. At all relevant times, Defendant owed Decedent duties of reasonable care as more fully set forth herein.

2. JURISDICTION, VENUE & GOVERNING LAW

2.1 Subject-Matter Jurisdiction. This Court has subject-matter jurisdiction under N.D. Const. art. VI, § 8 and N.D.C.C. § 27-05-06, which vest the district courts of North Dakota with general jurisdiction to hear and determine all civil actions and proceedings, including this action arising under North Dakota's wrongful-death and survival statutes. North Dakota district courts are courts of general jurisdiction with no minimum amount-in-controversy requirement.

2.2 Personal Jurisdiction. Defendant is subject to personal jurisdiction in North Dakota pursuant to N.D.R.Civ.P. 4(b) because Defendant [is domiciled in / maintains its principal place of business in / transacted business in / committed a tort within] North Dakota causing injury within this state.

2.3 Venue. Venue is proper in this County under N.D.C.C. § 28-04-05 because Defendant resides or transacts business in this County [or, for motor-vehicle cases, under N.D.C.C. § 28-04-03.1 because the action arose in this County].

2.4 Governing Law. This action is governed exclusively by North Dakota state wrongful-death and survival statutes, decisional law, and the North Dakota Rules of Civil Procedure.

3. GENERAL FACTUAL ALLEGATIONS

3.1 On [DATE], at approximately [TIME], Decedent was [brief factual narrative: location, circumstances, and mechanism of injury].

3.2 Defendant [describe negligent, reckless, or intentional conduct], breaching duties of care owed to Decedent.

3.3 As a direct and proximate result of Defendant's conduct, Decedent sustained severe injuries causing death on [DATE OF DEATH].

3.4 All statutory prerequisites to suit have been satisfied or waived, including the timely appointment of Plaintiff as Personal Representative and compliance with the two-year statute of limitations prescribed by N.D.C.C. § 28-01-18(4), which runs from the date of Decedent's death (or, if death resulted from malpractice, from the date of discovery of the malpractice).

4. COUNT I – WRONGFUL DEATH

(Against All Defendants)

4.1 Plaintiff realleges and incorporates paragraphs 1.1 through 3.4 as though fully set forth herein.

4.2 Under N.D.C.C. § 32-21-01, whenever the death of a person is caused by the wrongful act, neglect, or default of another, and the act, neglect, or default is such as would have entitled the party injured, if death had not ensued, to maintain an action and recover damages, the person or entity who would have been liable if death had not ensued is liable to an action for damages, notwithstanding the death of the person injured or of the tort-feasor.

4.3 Defendant's wrongful acts and omissions constitute negligence/negligence per se/[other theory], directly causing Decedent's death.

4.4 Pursuant to N.D.C.C. § 32-21-02, the jury shall give such damages as it finds proportionate to the injury resulting from the death to the persons entitled to recovery under N.D.C.C. § 32-21-03. Consistent with N.D.C.C. § 32-03.2-04, Plaintiff, for the exclusive benefit of the statutory beneficiaries, seeks all recoverable economic and noneconomic damages, including but not limited to:
a. Pecuniary loss, including loss of support, services, and prospective inheritance;
b. Noneconomic damages for loss of society, companionship, comfort, guidance, and consortium;
c. Reasonable funeral, burial, and related expenses; and
d. Pre- and post-judgment interest as allowed by law.

4.5 Pursuant to N.D.C.C. § 32-21-04, any amount recovered is exempt from Decedent's debts and inures to the exclusive benefit of Decedent's heirs at law in such shares as the Court shall fix.

5. COUNT II – SURVIVAL ACTION

(Against All Defendants)

5.1 Plaintiff realleges and incorporates paragraphs 1.1 through 4.5.

5.2 Under N.D.C.C. § 28-01-26.1, no action or claim for relief (except for breach of promise, alienation of affections, libel, and slander) abates by the death of a party or of a person who might have been a party had death not occurred. Separately, N.D.C.C. § 32-21-05 confirms that a wrongful-death action itself is not abated by the death of the injured party or the tort-feasor.

5.3 Prior to death, Decedent endured conscious pain, suffering, and mental anguish as a result of Defendant's conduct.

5.4 Plaintiff, on behalf of the Estate, seeks all damages recoverable under the survival action, including but not limited to:
a. Decedent's pre-death pain and suffering;
b. Medical and hospitalization expenses incurred prior to death;
c. Lost wages and loss of earning capacity between injury and death; and
d. Any property damage arising from the incident.

6. DAMAGES SOUGHT & STATUTORY CAPS

6.1 Economic and Noneconomic Damages. Plaintiff seeks judgment for all economic and noneconomic damages recoverable under N.D.C.C. § 32-03.2-04, N.D.C.C. ch. 32-21, and common law. North Dakota imposes no general statutory cap on compensatory damages in an ordinary wrongful-death action.

6.2 Statutory Damage Cap (Health Care Malpractice Claims Only). [IF APPLICABLE] To the extent this action constitutes a health care malpractice action or claim against a health care provider as defined in N.D.C.C. § 32-42-01, the total compensation for noneconomic damages awarded to Plaintiff and members of Plaintiff's family may not exceed $500,000 under N.D.C.C. § 32-42-02, regardless of the number of health care providers or other defendants against whom the action is brought. Plaintiff hereby places Defendant on notice of Plaintiff's intent to seek the maximum amount allowable by law and to reserve all rights to challenge the constitutionality or applicability of any such cap.

6.3 Punitive Damages. Plaintiff reserves the right to move to amend this Complaint to assert exemplary (punitive) damages pursuant to N.D.C.C. § 32-03.2-11 upon a showing, supported by affidavit or deposition testimony, sufficient for the trier of fact to find by clear and convincing evidence that Defendant is guilty of oppression, fraud, or malice. Any exemplary damages awarded may not exceed the greater of two times compensatory damages or $250,000.

7. DEMAND FOR JURY TRIAL

Pursuant to N.D.R.Civ.P. 38 and Article I, § 13 of the North Dakota Constitution, Plaintiff demands a trial by jury on all issues so triable.

8. PRAYER FOR RELIEF

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

a. Compensatory damages in an amount to be proven at trial, allocated among statutory beneficiaries as determined by the Court;
b. Survival damages payable to the Estate;
c. Costs of suit, including expert-witness fees as permitted;
d. Pre- and post-judgment interest at the highest lawful rate;
e. Such other and further relief, legal or equitable, as the Court deems just.

9. CERTIFICATION & VERIFICATION

9.1 Rule 11 Certification. The undersigned counsel certifies that he/she has read the foregoing Complaint and, to the best of counsel's knowledge, information, and belief, formed after reasonable inquiry, it is well-grounded in fact and warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and it is not interposed for any improper purpose.

9.2 Verification. [OPTIONAL – include if client verification desired or required.]

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of North Dakota that the foregoing factual allegations are true and correct to the best of my knowledge, information, and belief.

Date: _________ _________________________________
[PLAINTIFF NAME]

10. SIGNATURE BLOCK

Respectfully submitted this ___ day of __________, 20__.

[LAW FIRM NAME]
[ADDRESS]
[PHONE] / [FAX]
[EMAIL]

By: _________________________________
[ATTORNEY NAME] (#________)
Attorneys for Plaintiff

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