**[DRAFT] COMPLAINT FOR PERSONAL INJURIES AND DAMAGES

(Automobile Collision – New Mexico Tort Action)**
[// GUIDANCE: This template is designed for use in the New Mexico District Courts under the New Mexico Rules of Civil Procedure for the District Courts (NMRA). Customize all bracketed items and confirm factual allegations before filing.]

DOCUMENT HEADER

IN THE DISTRICT COURT OF [COUNTY] COUNTY
STATE OF NEW MEXICO

Date of filing: [DATE]
Assigned Judge: __________

TABLE OF CONTENTS

1. Preliminary Statement
2. Jurisdiction and Venue
3. Parties
4. Facts Common to All Claims
5. Causes of Action
   5.1 Count I – Negligence
   5.2 Count II – Negligence Per Se
   5.3 Count III – Respondeat Superior (Optional)
6. Damages
7. Prayer for Relief
8. Jury Demand
9. Reservation of Rights
10. Verification
11. Certificate of Service

1. PRELIMINARY STATEMENT

1.1 This is a tort action arising from a motor‐vehicle collision that occurred on [DATE] at or near [LOCATION], within [COUNTY] County, New Mexico, in which Plaintiff sustained severe personal injuries and property damage.
1.2 New Mexico follows a fault‐based tort system for automobile collisions. See N.M. Stat. Ann. § 66-5-301(A) (requiring proof of fault for liability).
1.3 Under New Mexico’s pure comparative negligence doctrine, any recovery shall be reduced only by the percentage of fault, if any, attributable to Plaintiff.
1.4 No statutory general damage cap applies to automobile negligence actions in New Mexico; however, to the extent any cap is later determined to apply, Plaintiff seeks the maximum amount permitted by law.
1.5 Pursuant to Rule 1-008(N) NMRA, Plaintiff does not state a specific dollar amount of damages in this pleading but avers that the amount in controversy exceeds the jurisdictional minimum of this Court.

2. JURISDICTION AND VENUE

2.1 This Court has subject‐matter jurisdiction under N.M. Const. art. VI, § 13 and NMSA 1978, § 34-6-1, as this is a civil action for damages exceeding the jurisdictional threshold.
2.2 Venue is proper in this Court under NMSA 1978, § 38-3-1(A) because the collision occurred in [COUNTY] County and/or Defendant resides, does business, or may be served here.
2.3 Personal jurisdiction over Defendant(s) exists pursuant to NMSA 1978, §§ 38-1-16 to -18, because Defendant(s) committed tortious acts in New Mexico and/or maintain continuous and systematic contacts with the state.

3. PARTIES

3.1 Plaintiff [FULL NAME] is a natural person residing at [ADDRESS], [CITY], New Mexico, and was at all relevant times the owner/operator/occupant (choose one) of the vehicle involved.
3.2 Defendant [FULL NAME] is a resident of [STATE] and may be served at [SERVICE ADDRESS].
3.3 (Optional Employer) Defendant [EMPLOYER LLC] is a [STATE] limited liability company authorized to transact business in New Mexico and may be served through its registered agent, [NAME], at [ADDRESS].

[// GUIDANCE: Add or delete party subsections to match case specifics.]

4. FACTS COMMON TO ALL CLAIMS

4.1 On [DATE] at approximately [TIME] a.m./p.m., Plaintiff was lawfully operating a [YEAR, MAKE, MODEL] traveling [DIRECTION] on [STREET/HIGHWAY].
4.2 Defendant was operating a [YEAR, MAKE, MODEL] traveling [DIRECTION] on [STREET/HIGHWAY].
4.3 At or near the intersection/location of [SPECIFY], Defendant negligently [describe act/omission – e.g., “failed to yield the right of way,” “crossed the center line,” “drove at an excessive speed,” “texted while driving”], causing a collision with Plaintiff’s vehicle (“Collision”).
4.4 As a direct and proximate result of Defendant’s conduct, Plaintiff sustained physical injuries including but not limited to [LIST INJURIES], incurred medical expenses, lost wages, loss of earning capacity, property damage, pain and suffering, emotional distress, and loss of enjoyment of life.
4.5 At all material times, Plaintiff exercised due care and complied with all applicable traffic laws.

5. CAUSES OF ACTION

5.1 Count I – Negligence

5.1.1 Plaintiff realleges Paragraphs 1 through 4 as though fully set forth herein.
5.1.2 Defendant owed Plaintiff a duty of reasonable care to operate the vehicle in a safe manner.
5.1.3 Defendant breached that duty by the acts/omissions described above.
5.1.4 Defendant’s breach was the direct and proximate cause of Plaintiff’s injuries and damages.
5.1.5 Plaintiff is entitled to recover all compensatory damages allowed under New Mexico law.

5.2 Count II – Negligence Per Se (Statutory Violations)

5.2.1 Plaintiff realleges Paragraphs 1 through 4.
5.2.2 At the time of the Collision, Defendant violated one or more provisions of the New Mexico Motor Vehicle Code, including but not limited to NMSA 1978, § 66-7-301 (speed restrictions), § 66-7-328 (failure to yield), and/or § 66-8-114 (careless driving) (collectively, the “Safety Statutes”).
5.2.3 The Safety Statutes were enacted to protect motorists such as Plaintiff from the type of harm suffered.
5.2.4 Defendant’s statutory violations constitute negligence per se, entitling Plaintiff to damages without further proof of breach of duty.

5.3 Count III – Respondeat Superior (against Employer Defendant) (Optional)

5.3.1 Plaintiff realleges Paragraphs 1 through 4.
5.3.2 At all material times, Defendant [DRIVER] was an employee/agent of Defendant [EMPLOYER LLC] acting within the course and scope of employment.
5.3.3 Under the doctrine of respondeat superior, Defendant [EMPLOYER LLC] is vicariously liable for the negligence of its employee/agent.

6. DAMAGES

6.1 Plaintiff seeks the following categories of damages, subject to proof at trial:
(a) Past and future medical expenses;
(b) Past and future lost wages and loss of earning capacity;
(c) Property damage, including diminution in value and loss of use;
(d) Past and future physical pain and suffering;
(e) Past and future emotional distress and mental anguish;
(f) Loss of enjoyment of life;
(g) Loss of household services;
(h) Punitive damages for willful, wanton, or reckless conduct;
(i) Pre‐ and post‐judgment interest as allowed by law;
(j) Costs of suit and such other relief as the Court deems just and proper.

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that judgment be entered in favor of Plaintiff and against Defendant(s) jointly and severally as follows:
A. For compensatory damages in an amount to be determined by the trier of fact;
B. For punitive damages where legally and factually justified;
C. For costs, statutory fees, and allowable expenses pursuant to Rule 1-054(D) NMRA;
D. For pre‐ and post‐judgment interest under NMSA 1978, § 56-8-4;
E. For such other and further relief as the Court deems just and proper.

8. JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable as a matter of right under N.M. Const. art. II, § 12 and Rule 1-038 NMRA.

9. RESERVATION OF RIGHTS

Plaintiff reserves the right to amend this Complaint to assert additional claims, add parties, and/or conform to the evidence pursuant to Rule 1-015 NMRA.

10. VERIFICATION

I, [PLAINTIFF NAME], being duly sworn, state that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge and belief.

[PLAINTIFF NAME], Plaintiff

STATE OF NEW MEXICO )
) ss.
COUNTY OF [COUNTY] )

Subscribed and sworn before me on this ___ day of __ 20, by [PLAINTIFF NAME].

Notary Public
My Commission Expires: ____

[// GUIDANCE: Verification is optional but recommended to bolster credibility and support punitive‐damage allegations. Confirm local rule requirements.]

11. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of __ 20, a true and correct copy of the foregoing Complaint was [ ] mailed via U.S. First‐Class Mail, [ ] delivered via statutory overnight delivery, [ ] emailed, and/or [ ] served via the Court’s electronic filing system upon:

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

[PLAINTIFF’S ATTORNEY NAME]
[STATE BAR NO.]
[LAW FIRM]
[ADDRESS]
[PHONE] | [EMAIL]

ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

[ATTORNEY NAME] (NM Bar # __)
[LAW FIRM NAME]
[ADDRESS]
Telephone: (__) __‐____
Email: [EMAIL ADDRESS]
Attorney for Plaintiff

[// GUIDANCE:
1. Review all facts, statutes, and citations for accuracy.
2. Ensure compliance with Rule 1-088.1 NMRA (mandatory arbitration thresholds) if damages do not exceed $50,000.
3. Check local district court rules for electronic‐filing and caption formatting requirements.
4. If Uninsured/Underinsured Motorist (UM/UIM) or insurance bad‐faith claims are anticipated, consider severing those counts into a separate complaint to avoid bifurcation issues.
5. Adjust punitive‐damage allegations to satisfy the heightened pleading standard articulated in UJI 13-1827 NMRA commentary.]