COMMONWEALTH OF KENTUCKY

[_] CIRCUIT COURT – [_] DIVISION

CIVIL ACTION NO. ______

[PLAINTIFF FULL LEGAL NAME],
Plaintiff,

v.

[DEFENDANT FULL LEGAL NAME],
Defendant.

COMPLAINT
(Personal Injury – Auto Accident)

JURY TRIAL DEMANDED
[OPTIONAL] ALTERNATIVE DISPUTE RESOLUTION REQUESTED

[// GUIDANCE: This template is drafted for use in Kentucky state-court motor-vehicle personal‐injury litigation. Check all bracketed items, add fact-specific allegations, and conform paragraph numbering if additional counts are added.]

TABLE OF CONTENTS

1. Preliminary Statement
2. Jurisdiction & Venue
3. Parties
4. Definitions
5. Factual Allegations
6. Causes of Action
   6.1 Negligence
   6.2 Negligence Per Se – Statutory Violations
7. Comparative Fault Allegations
8. Damages
9. Reservation of Rights & Conditions Precedent
10. Prayer for Relief
11. Demand for Jury Trial
12. Verification
13. Certificate of Service

1. Preliminary Statement

1. Plaintiff brings this civil action for personal injuries and related damages arising out of a motor-vehicle collision that occurred on [DATE] on [ROADWAY/LOCATION], within the Commonwealth of Kentucky (the “Accident”).
2. Plaintiff’s medical expenses exceed the no-fault threshold under KRS § 304.39-060(2)(b), and/or Plaintiff sustained qualifying injuries under KRS § 304.39-060(2)(a), thereby permitting this tort action outside Kentucky’s Motor Vehicle Reparations Act (“MVRA”) no-fault limitations.

2. Jurisdiction & Venue

3. This Court has subject-matter jurisdiction pursuant to Ky. Const. § 112(5) and KRS § 23A.010.
4. Venue is proper in this Circuit under KRS § 452.400 because the Accident occurred in, and/or Defendant resides in, this county.

3. Parties

5. Plaintiff [PLAINTIFF NAME] is an individual residing at [ADDRESS], and at all relevant times was a “person” under KRS § 446.010(33).
6. Defendant [DEFENDANT NAME] is an individual residing at [ADDRESS] and may be served with process at [SERVICE ADDRESS].
7. [OPTIONAL] Defendant [DEFENDANT CORPORATE NAME] is a corporation organized under the laws of [STATE] with its principal place of business at [ADDRESS] and may be served through its registered agent, [AGENT NAME], at [AGENT ADDRESS].

4. Definitions

8. “Accident” means the motor-vehicle collision described in Section 5 below.
9. “Vehicle” means the [MAKE/MODEL/YEAR/LIC. NO.] operated by Defendant at the time of the Accident.
10. “Injuries” means the bodily injury, pain, suffering, mental anguish, medical expenses, lost wages, and other losses sustained by Plaintiff as a direct and proximate result of the Accident.
    [// GUIDANCE: Add or remove defined terms as appropriate; ensure consistent capitalization.]

5. Factual Allegations

11. On [DATE] at approximately [TIME], Plaintiff was lawfully operating [PLAINTIFF VEHICLE] in a [north-/south-]bound direction on [ROADWAY] near mile-marker [MM] in [COUNTY], Kentucky.
12. Defendant, driving the Vehicle in the same vicinity, failed to [e.g., maintain control/yield the right-of-way/obey a traffic signal] and collided with Plaintiff’s vehicle.
13. At all times relevant, Plaintiff exercised due care and obeyed all applicable traffic laws.
14. The Accident occurred solely due to Defendant’s negligence and statutory violations, set forth more fully below.
15. As a direct and proximate result of Defendant’s conduct, Plaintiff sustained the Injuries and damages described herein.

6. Causes of Action

6.1 Count I – Negligence

16. Plaintiff realleges Paragraphs 1–15 as if fully restated.
17. Defendant owed Plaintiff a duty to operate the Vehicle with reasonable care under the circumstances.
18. Defendant breached that duty by, inter alia, failing to keep a proper lookout, traveling at an excessive speed, and violating applicable traffic regulations.
19. Defendant’s breach was the direct and proximate cause of the Accident and Plaintiff’s Injuries.
20. Plaintiff has incurred, and will continue to incur, medical expenses, lost wages, pain and suffering, and other damages.

6.2 Count II – Negligence Per Se (Violation of Statutory Duties)

21. Plaintiff realleges Paragraphs 1–20.
22. At the time of the Accident, Defendant violated one or more provisions of the Kentucky Revised Statutes and/or Kentucky Administrative Regulations, including but not limited to KRS § 189.290 (reckless driving) and KRS § 189.390 (speeding).
23. Such statutory violations constitute negligence per se, establishing Defendant’s breach of duty as a matter of law.
24. These statutory violations proximately caused Plaintiff’s Injuries and damages.

7. Comparative Fault Allegations

25. Under Kentucky’s pure comparative fault system, KRS § 411.182, Plaintiff’s recovery shall be diminished only by any proportion of fault, if any, attributable to Plaintiff, which Plaintiff denies.
26. Plaintiff affirmatively pleads that the Accident was caused wholly or predominantly by Defendant’s negligence and statutory violations.

8. Damages

27. Plaintiff seeks all compensatory damages permitted under Kentucky law, including:
    a. Past and future medical expenses (estimated at $[___]);
    b. Past and future pain, suffering, and mental anguish;
    c. Past and future lost wages and diminished earning capacity;
    d. Property damage to Plaintiff’s vehicle and personal property;
    e. Pre-judgment and post-judgment interest as allowed by law; and
    f. Court costs and any other relief the Court deems just.
28. Plaintiff reserves the right to seek punitive damages pursuant to KRS § 411.184 upon evidentiary showing of gross negligence or reckless disregard.
29. Plaintiff is unaware of any applicable statutory cap on compensatory damages under Kentucky law. Punitive damages, if awarded, shall comply with constitutional limitations.

9. Reservation of Rights & Conditions Precedent

30. All conditions precedent to the filing of this action, including compliance with MVRA notice requirements, have been performed or have occurred.
31. Plaintiff reserves the right to amend this Complaint to assert additional claims and parties as discovery warrants.
32. Plaintiff reserves the right to engage in voluntary mediation or binding/non-binding arbitration pursuant to Ky. CR 1 and local ADR rules.

10. Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that the Court:
A. Enter judgment in favor of Plaintiff and against Defendant in an amount exceeding the jurisdictional minimum, to be determined by the jury;
B. Award compensatory and, where proven, punitive damages;
C. Award pre- and post-judgment interest;
D. Award costs of this action and reasonable attorney fees as permitted by law;
E. Issue all other and further relief, legal or equitable, to which Plaintiff may appear entitled.

11. Demand for Jury Trial

Pursuant to Ky. Const. § 7 and Ky. CR 38, Plaintiff hereby demands a trial by a fair and impartial jury on all issues so triable.

12. Verification

I, [PLAINTIFF NAME], verify under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.
[DATE]

[PLAINTIFF NAME]

[// GUIDANCE: Kentucky does not strictly require plaintiff verification; include if desired for strategic effect. Remove if attorney will sign solely under CR 11.]

13. Certificate of Service

I hereby certify that on this _ day of _, 20___, a true and correct copy of the foregoing was served via [method of service] upon:

[DEFENSE COUNSEL NAME]
[LAW FIRM]
[ADDRESS]
[EMAIL]

[ATTORNEY NAME], Esq.
[KBA No. ___]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Plaintiff