Sample Complaint in a Failure to Yield Case: 1-800-74-TRIAL

Now comes the plaintiff, by and through counsel, who complains against the defendant as follows:
1. The plaintiff, John Jones, is or was a resident of the City West Palm Beach, County of Palm Beach, and State of Florida at all times relevant to this complaint.
2. The defendant, Mary Smith, is believed to reside in the City West Palm Beach, County of Palm Beach, and State of Florida at all times relevant to this complaint.
3. This court has jurisdiction over the subject matter of this complaint and the parties to this cause of action.
4. Because the automobile collision, which is the subject of this complaint, occurred in the County of Acme, Acme County is the proper and appropriate venue.
5. On or about January 12, 2003, the plaintiff was operating his motor vehicle along Forest Avenue in the City West Palm Beach, County of Palm Beach, and State of Florida.
6. At the above mentioned time and place, an automobile operated by the defendant negligently exited the parking lot of Brown Mall at the intersection of the Brown Mall entrance/exit and Forest Avenue and struck the right front portion of the plaintiff’s vehicle.
7. The defendant was negligent by failing to yield to the right of way to the plaintiff, failing to stop at the intersection above mentioned, and by failing to look out for traffic which was proceeding along Forest Avenue.
8. As a result of the defendant’s negligence, the plaintiff incurred injuries including, but not limited to, injuries to his neck, back, shoulder, and arm.
9. As a further result of the defendant’s negligence in failing to yield, the plaintiff sustained injuries which caused medical treatment and the plaintiff has incurred medical bills and will incur further medical bills into the future.
10. As a further result of the defendant’s negligence, the plaintiff sustained loss of income and will sustain further loss of income into the future.
11. As a further result of the defendant’s negligence, the plaintiff incurred pain and suffering and will incur further pain and suffering into the future.
12. As a further result of the defendant’s negligence in failing to yield, the plaintiff believes, and therefore alleges, that he sustained injuries which may become permanent in nature and will also incur permanent impairment.
13. At all times relevant to this complaint, the plaintiff, who was proceeding in traffic along Forest Avenue, was in the exercise of due care.
WHEREFORE, the plaintiff prays for judgment against the defendant in an amount which is reasonable and just under the circumstances, [or a figure amount] together with interests, costs, and such other and further relief as to this Honorable Court seems just and proper.