West Palm Beach Florida Automobile Accident Complaint

SUPERIOR COURT FOR THE STATE OF _______________
County OF _______________
Plaintiff :
:
vs. : C.A. No. __________
:
DEFENDANT ONE; :
DEFENDANT TWO; AND :
DEFENDANT THREE :

COMPLAINT

1. Plaintiff is a resident of the Town of (city/town), County of (county), State of (state).

2. Defendant One is a resident of the Town of (city/town), County of (county), State of (state).

3. Defendant Two is a resident of the Town of (city/town), County of (county), State of (state).

4. Defendant Three is a resident of the Town of (city/town), County of (county), State of (state).

5. The amount in controversy exceeds the jurisdictional requirements of this Court and the venue is proper in this Court in that this action arose within (county and state).

COUNT I

6. On or about (date) at approximately (time) Plaintiff was a passenger in a motor vehicle, described as a (automobile description), which was owned by Defendant One and which was being operated by Defendant One on (location of accident) (“the First Vehicle”).

7. At that time and place, Defendant One negligently operated the First Vehicle, causing it to be struck by a vehicle described as (automobile description), owned by Defendant Two and operated by Defendant Three (“the Second Vehicle”).

8. Defendant One owed the plaintiff a duty to exercise reasonable care in the operation of the First Vehicle. Defendant breached her duty in that she failed to operate the First Vehicle in a safe and reasonable manner.

9. As a direct and proximate result of Defendant One’s breach of duty, Plaintiff sustained severe injuries and damages including, but not limited to, physical and emotional injuries, costs of medical treatment for such injuries, loss of earning capacity, loss of earnings, pain and suffering, and other consequential damages.

WHEREFORE, plaintiff demands judgment against Defendant One in an amount which exceeds the jurisdictional requirements of this Court, plus interest and costs; and further demands such other and further relief as this Court may deem just, proper and equitable.

COUNT II

10. The allegations set forth in paragraphs 1 through 9 are incorporated herein as if set forth again in full.

11. Defendant Three negligently operated the Second Vehicle causing it to collide with the First Vehicle.

12. As a direct and proximate result of Defendant Three’s negligence, Plaintiff suffered injuries and damages, including, but not limited to, physical and emotional injuries, costs of medical treatment for such injuries, loss of earning capacity, loss of earnings, pain and suffering, and other consequential damages.

WHEREFORE, Plaintiff demands judgment against Defendants One and Three, jointly and severally, in an amount which exceeds the jurisdictional requirements of this Court, plus interest and costs; and further demands such other and further relief as this Court may deem just, proper and equitable.

COUNT III

13. The allegations set forth in paragraphs l through 12 are incorporated herein as if set forth again in full.

14. Defendant Two is the registered owner of the Second Vehicle. Defendant Two allowed and authorized Defendant Three to operate the Second Vehicle and Defendant Three operated the Second Vehicle with the knowledge and consent of Defendant Two.

15. Defendant Two knew, or reasonably should have known, that Defendant Three would operate the Second Vehicle and would drive it without wearing corrective lenses Defendant Three was required by law to wear.

16. Defendant Two owed Plaintiff the duty to exercise due care when allowing individuals, such as Defendant Three, to operate the Second Vehicle and should have required Defendant Three to operate the Second Vehicle wearing appropriate corrective lenses as required by law.

17. Defendant Two breached that duty of due care when he allowed Defendant Three to operate the Second Vehicle without wearing corrective lenses as required by law.

18. Defendant Two’s breach of duty was a direct and proximate cause of Plaintiff’s damages.

19. As a direct and proximate result of Defendant Two’s negligence, Plaintiff suffered injuries and damages, including, but not limited to, physical and emotional injuries, costs of medical treatment for such injuries, loss of earning capacity, loss of earnings, pain and suffering, and other consequential damages.

WHEREFORE, Plaintiff demands judgment against Defendants One, Two and Three, jointly and severally, in an amount which exceeds the jurisdictional requirements of this Court, plus interest and costs; and further demands such other and further relief as this Court may deem just, proper and equitable.

COUNT IV

20. The allegations set forth in paragraphs l through 19 are incorporated herein as if set forth again in full.

21. Defendant Two, as owner of the Second Vehicle, is liable to Plaintiff under law for any injuries and damages sustained as a result of the negligence of the operator of the Second Vehicle, Defendant Three.

WHEREFORE Plaintiff demands judgment against Defendants One, Two and Three, jointly and severally, in an amount which exceeds the jurisdictional requirements of this Court, plus interest and costs; and further demands such other and further relief as this Court may deem just, proper and equitable.

Plaintiff
By His Attorneys,

__________________

PLAINTIFF DEMANDS A TRIAL BY JURY ON ALL ISSUES TRIABLE OF RIGHT BY A JURY.

Plaintiff
By His Attorneys,