Form 2:40-2 Complaint – Negligence, Motor Vehicle

IN THE CIRCUIT COURT OF THE ##

JUDICIAL CIRCUIT IN AND FOR
[COUNTY], FLORIDA

[PLAINTIFF], CASE NO.: ##-##### ## ##

Plaintiff, GENERAL JURISDICTION

vs.

[DEFENDANT #1], [DEFENDANT #2],

and [DEFENDANT CORPORATION],
a [STATE] corporation,

Defendants.
______________________________________/

COMPLAINT

Plaintiff [PLAINTIFF] hereby sues the Defendants, [DEFENDANT #1], [DEFENDANT

#2], and [DEFENDANT CORPORATION], and alleges as follows:

INTRODUCTION

1. This is an action for negligence.

2. While operating a motor vehicle owned, maintained or controlled by

[DEFENDANT #2] and hauling goods on behalf of [DEFENDANT CORPORATION],

[DEFENDANT #1] caused a collision with [PLAINTIFF]’s vehicle. As a result of

[DEFENDANT #1]’s negligent operation of the motor vehicle, [PLAINTIFF] suffered

permanent injuries.

3. [DEFENDANT #1] is directly liable for [PLAINTIFF]’s damages.

4. [DEFENDANT #2] is directly and vicariously liable for [PLAINTIFF]’s

damages.

5. [DEFENDANT CORPORATION] is directly and vicariously liable for

[PLAINTIFF]’s damages.

JURISDICTION AND VENUE

6. This Court has jurisdiction over this dispute because this complaint seeks

damages in excess of $15,000.00 dollars, exclusive of interest and attorneys’ fees.

7. [DEFENDANT #1] is amenable to jurisdiction in Florida as he resides in

[COUNTY], Florida.

8. [DEFENDANT #2] is amenable to jurisdiction in Florida as he resides in

[COUNTY], Florida.

9. [DEFENDANT CORPORATION] is amenable to jurisdiction in Florida as it

regularly conducts business in [COUNTY] and throughout Florida and maintains a [BUSINESS]

in [COUNTY].

10. Venue is proper in [COUNTY], Florida because the motor vehicle accident from

which this cause of action arises occurred in [COUNTY], Florida.

PARTIES

11. [PLAINTIFF] was, at all times material hereto, a resident of [COUNTY], Florida,

was over the age of eighteen (18) years, and is otherwise sui juris.

12. [DEFENDANT #1] was, at all times material hereto, a resident of [COUNTY],

Florida, and is otherwise sui juris. [DEFENDANT #1] is one of [DEFENDANT

CORPORATION]’s owner-operators, and he regularly performs [BUSINESS] on

[DEFENDANT CORPORATION]’s behalf.

13. [DEFENDANT #2] was, at all times material hereto, a resident of [COUNTY],

Florida, and is otherwise sui juris.

14. [DEFENDANT CORPORATION] is a [STATE] corporation engaged in

[BUSINESS] in [COUNTY], throughout Florida, and nationwide.

GENERAL ALLEGATIONS

15. At all times material, [DEFENDANT #1] was the operator of a [YEAR] truck

tractor vehicle bearing the Florida license plate number “######” and bearing a motor carrier

placard in the name of [DEFENDANT CORPORATION] bearing [DEFENDANT

CORPORATION]’s Federal Motor Carrier Number ###### and its United States Department of

Transportation Number ###### (“the Subject Vehicle”). The subject vehicle was an

instrumentality that is peculiarly dangerous in its operation.

16. At all times material, [DEFENDANT #2] owned, maintained and controlled the

Subject Vehicle. The subject vehicle was an instrumentality that is peculiarly dangerous in its

operation.

17. At all times material, the Subject Vehicle was being used for the purpose of

[BUSINESS] at the direction of [DEFENDANT CORPORATION], on [DEFENDANT

CORPORATION]’s behalf, and under the motor carrier authority granted to [DEFENDANT

CORPORATION] by the Federal Motor Carrier Safety Administration, a division of the United

States Department of Transportation. The Subject Vehicle was an instrumentality that is

peculiarly dangerous in its operation.

18. On [DATE], and at all times material, [DEFENDANT #1], [DEFENDANT #2],

and [DEFENDANT CORPORATION] owed a duty to exercise reasonable care in the

ownership, operation, maintenance, control and/or use of the Subject Vehicle for the benefit of

other individuals on the public roadways.

19. On [DATE], Plaintiff was traveling [DIRECTION] on [STREET] in [LANE].

20. Defendant [DEFENDANT #1] was also traveling [DIRECTION] on [STREET]

directly behind Plaintiff’s vehicle.

21. With [DEFENDANT #2]’s knowledge and consent, [DEFENDANT #1]

negligently operated the subject vehicle and caused an accident when [DEFENDANT #1]

attempted to change lanes and, as a result, collided with Plaintiff’s vehicle.

22. Plaintiff’s vehicle sustained substantial damage.

23. [DESCRIPTION OF PLAINTIFF’S INJURIES].

COUNT I- NEGLIGENCE
(As to [DEFENDANT #1])

24. Plaintiff realleges the allegations set forth above in paragraphs one (1) through

twenty-three (23) as if set forth herein in full.

25. On [DATE], and at all times material, [DEFENDANT #1] was in possession,

custody and control of the Subject Vehicle.

26. At all material times, [DEFENDANT #1] owed a duty to exercise reasonable care

in the ownership, operation and/or use of the Subject Vehicle for the benefit of other individuals

on public roadways.

27. At all material times, [DEFENDANT #1] breached his duty of care to other

individuals on the above-described public roadways, and in particular to Plaintiff, as he was

negligent and careless in the ownership, operation and/or maintenance and/or use of the Subject

Vehicle.

28. [DEFENDANT #1], was negligent in his:

a. Failure to operate the subject vehicle in a safe and reasonable manner;

b. Failure to operate the subject vehicle in compliance with state and local
traffic laws;

c. Failure to keep an adequate and proper lookout;

 d. Failure to stop for vehicles in the road;

e. Failure to avoid the collision with Plaintiff’s vehicle; and

f. Other acts of negligence to be determined through discovery.

29. As a direct, foreseeable, and proximate result of [DEFENDANT #1]’s negligence,

[DESCRIBE PLAINTIFF’S INJURIES].

30. As a further direct and proximate result of [DEFENDANT #1]’s negligence,

Plaintiff has incurred medical expenses for his care and treatment in an effort to alleviate and

cure his injuries, and will continue to incur additional expenses in the future.

31. [DEFENDANT #1] damaged Plaintiff’s vehicle.

WHEREFORE, [PLAINTIFF] demands judgment for damages against [DEFENDANT

#1] in excess of the minimal jurisdictional limits of this Court, as well as post-judgment interest

and the costs of bringing this action as allowed by law, and any other relief this Honorable Court

deems just and proper.

COUNT II- NEGLIGENCE

(As to [DEFENDANT #2])

32. Plaintiff realleges the allegations set forth above in paragraphs one (1) through

twenty-three (23) as if set forth herein in full.

33. On [DATE], and at all times material, [DEFENDANT #2] was in possession,

custody and/or control of the Subject Vehicle.

34. At all material times, [DEFENDANT #2] owed a duty to exercise reasonable care

in the ownership, operation and/or use of the subject vehicle for the benefit of other individuals

on public roadways.

35. At all material times, [DEFENDANT #2] breached his duty of care to other

individuals on the above described public roadways, and in particular to Plaintiff, as he was
negligent and careless in the ownership, operation and/or maintenance and/or use of the Subject

Vehicle.

36. [DEFENDANT #2] was negligent, individually and/or through the conduct of

[DEFENDANT #1], in his:

a. Failure to operate the subject vehicle in a safe and reasonable manner;

b. Failure to operate the subject vehicle in compliance with state and local
traffic laws;

c. Failure to keep an adequate and proper lookout;

d. Failure to stop for vehicles in the road;

e. Failure to avoid the collision with Plaintiff’s vehicle; and

f. Other acts of negligence to be determined through discovery.

37. As a direct, foreseeable, and proximate result of [DEFENDANT #2]’s negligence,

[DESCRIBE PLAINTIFF’S INJURIES].

38. As a further direct and proximate result of [DEFENDANT #2]’s negligence,

Plaintiff has incurred medical expenses for his care and treatment in an effort to alleviate and

cure his injuries, and will continue to incur additional expenses in the future.

39. [DEFENDANT #2], individually and through the conduct of [DEFENDANT #1],

damaged Plaintiff’s vehicle.

WHEREFORE, [PLAINTIFF] demands judgment for damages against [DEFENDANT

#2] in excess of the minimal jurisdictional limits of this Court, as well as post-judgment interest

and the costs of bringing this action as allowed by law, and any other relief this Honorable Court

deems just and proper.

COUNT III- NEGLIGENCE

(As to [DEFENDANT CORPORATION])
 40. Plaintiff realleges the allegations set forth above in paragraphs one (1) through

twenty-three (23) as if set forth herein in full.

41. On [DATE], and at all times material, the Subject Vehicle was being used by

[DEFENDANT #1] while engaging in [BUSINESS ACTIVITY] at the direction of

[DEFENDANT CORPORATION], on [DEFENDANT CORPORATION]’s behalf, and under

the motor carrier authority granted to [DEFENDANT CORPORATION] by the Federal Motor

Carrier Safety Administration.

42. At all material times, [DEFENDANT CORPORATION] owed a duty to exercise

reasonable care in the operation and/or use of the subject vehicle for the benefit of other

individuals on public roadways.

43. At all material times, [DEFENDANT CORPORATION] breached its duty of care

to other individuals on the above described public roadways, and in particular to Plaintiff, it was

negligent and careless in the operation and/or maintenance and/or use of the Subject Vehicle.

44. [DEFENDANT CORPORATION] was negligent, directly and/or through the

conduct of [DEFENDANT #1].

45. As a direct, foreseeable, and proximate result of [DEFENDANT

CORPORATION]’s negligence, [DESCRIBE PLAINTIFF’S INJURIES].

46. As a further direct and proximate result of [DEFENDANT CORPORATION]’s

negligence, Plaintiff has incurred medical expenses for his care and treatment in an effort to

alleviate and cure his injuries, and will continue to incur additional expenses in the future.

47. [DEFENDANT CORPORATION], directly and through the conduct of

[DEFENDANT #1], damaged Plaintiff’s vehicle.

WHEREFORE, [PLAINTIFF] demands judgment for damages against [DEFENDANT

CORPORATION] in excess of the minimal jurisdictional limits of this Court, as well as post-

judgment interest and the costs of bringing this action as allowed by law, and any other relief this

Honorable Court deems just and proper.

DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury of all issues so triable.

DATED THIS [DATE].

Respectfully Submitted,