STATE COURT COMPLAINT – PERSONAL INJURY

(Hawaiʻi)
[// GUIDANCE: Drafted to comply with Hawaiʻi Rules of Civil Procedure (“HRCP”), Hawaiʻi Revised Statutes (“HRS”), and all metadata supplied. Bracketed items are for user customization. Remove guidance comments prior to filing.]

TABLE OF CONTENTS

1. Caption & Document Title
2. Parties, Jurisdiction, and Venue
3. Definitions
4. General Allegations
5. Count I – Negligence
6. Comparative Fault Allegation (HRS § 663-31)
7. Damages Allegations & Statutory Caps (HRS § 663-8.7)
8. Prayer for Relief
9. Jury Demand
10. Attorneys’ Fees & Costs Reservation
11. Reservation of Rights & Amendments
12. Verification
13. Certificate of Service

1. CAPTION & DOCUMENT TITLE

IN THE CIRCUIT COURT OF THE [__] CIRCUIT
STATE OF HAWAIʻI

CIVIL NO. ____

[PLAINTIFF FULL LEGAL NAME],
Plaintiff,

vs.

[DEFENDANT FULL LEGAL NAME],
Defendant.

COMPLAINT; DEMAND FOR JURY TRIAL; DECLARATION; CERTIFICATE OF SERVICE

[// GUIDANCE: Insert Summons separately per HRCP Rule 4.]

2. PARTIES, JURISDICTION, AND VENUE

2.1 Plaintiff. [PLAINTIFF NAME] (“Plaintiff”) is an individual residing in [COUNTY], State of Hawaiʻi.

2.2 Defendant. [DEFENDANT NAME] (“Defendant”) is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business in [LOCATION] and conducting business in the State of Hawaiʻi.

2.3 Jurisdiction. This Court has subject-matter jurisdiction pursuant to article VI, § 1 of the Hawaiʻi Constitution and HRS § 603-21.5.

2.4 Amount in Controversy. The amount in controversy exceeds the jurisdictional minimums of this Court, exclusive of interest and costs.

2.5 Venue. Venue is proper in this Circuit under HRS § 603-36 because the incident giving rise to this action occurred in this Circuit and/or Defendant resides or does business herein.

3. DEFINITIONS

For ease of reference, the following capitalized terms shall have the meanings set forth below and shall apply throughout this Complaint:

“Incident” means the events occurring on or about [DATE] at or near [LOCATION] that are the subject of this action.

“Premises” means the property, facility, or area owned, leased, operated, or controlled by Defendant at [ADDRESS] where the Incident occurred.

“Injury” means the bodily injuries, emotional distress, pain and suffering, and other damages sustained by Plaintiff as a direct and proximate result of the Incident.

4. GENERAL ALLEGATIONS

4.1 On or about [DATE], Plaintiff was lawfully present upon the Premises.

4.2 Defendant owed Plaintiff a duty of reasonable care to maintain the Premises and/or operate its activities in a manner that avoided unreasonable risk of harm.

4.3 Defendant breached said duty by, inter alia, [describe hazardous condition / negligent act], thereby creating an unreasonable risk of foreseeable harm.

4.4 As a direct and proximate result of Defendant’s breach, Plaintiff suffered the Injury, incurring medical expenses, lost wages, and pain and suffering.

5. COUNT I – NEGLIGENCE

5.1 Plaintiff realleges and incorporates by reference Paragraphs 2.1 through 4.4 as though fully set forth herein.

5.2 Elements. Defendant owed Plaintiff a duty of care; breached that duty through the acts and omissions described above; and Defendant’s breach was the factual and legal cause of Plaintiff’s Injury.

5.3 Damages. Plaintiff sustained past and future:
a. Medical expenses;
b. Lost earnings and earning capacity;
c. Pain and suffering;
d. Emotional distress; and
e. Other damages to be proven at trial.

6. COMPARATIVE FAULT ALLEGATION (HRS § 663-31)

Pursuant to HRS § 663-31, Plaintiff’s recovery shall be diminished, if at all, only by the percentage of negligence legally attributable to Plaintiff, provided that recovery is not barred unless Plaintiff is found to be 51 percent or more at fault. Plaintiff affirmatively pleads comparative negligence to place the burden of proof regarding Plaintiff’s alleged fault upon Defendant.

7. DAMAGES ALLEGATIONS & STATUTORY CAPS

7.1 Noneconomic Damages. To the extent applicable, Plaintiff’s claim for noneconomic damages shall be subject to the statutory limitations contained in HRS § 663-8.7 (currently $375,000 for pain and suffering arising out of a medical tort).

7.2 Joint/Several Liability. Plaintiff pleads and seeks recovery in accordance with HRS § 663-10.9, acknowledging Hawaiʻi’s modified abolition of joint and several liability except as otherwise permitted by statute.

7.3 Punitive Damages. Plaintiff reserves the right to seek punitive damages upon a showing of Defendant’s willful, wanton, or reckless conduct, consistent with Hawaiʻi law.

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that judgment be entered in Plaintiff’s favor and against Defendant as follows:

a. General and special damages in amounts to be proven at trial, subject to any applicable statutory caps;
b. Pre-judgment and post-judgment interest as allowed by law;
c. Taxable costs and reasonable attorneys’ fees as permitted by contract or statute;
d. Punitive damages where legally and factually warranted;
e. Such further relief as the Court deems just and proper.

9. JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right under article I, § 13 of the Hawaiʻi Constitution and HRCP Rule 38.

10. ATTORNEYS’ FEES & COSTS RESERVATION

Plaintiff gives notice of intent to seek an award of reasonable attorneys’ fees and costs pursuant to contract, statute, or the common-fund doctrine, as applicable.

11. RESERVATION OF RIGHTS & AMENDMENTS

Plaintiff expressly reserves the right to amend this Complaint, add additional parties and causes of action, and to conform the pleadings to the evidence as justice requires pursuant to HRCP Rule 15.

12. VERIFICATION

[// GUIDANCE: Verification is optional in Hawaiʻi state court but may be added for strategic reasons (e.g., expedited discovery).]

I, [PLAINTIFF NAME], declare under penalty of perjury that I am the Plaintiff in the above-entitled action; I have read the foregoing Complaint and know the contents thereof; and the same is true and correct to the best of my knowledge, information, and belief.

DATED: [CITY], Hawaiʻi, [DATE].

[PLAINTIFF NAME]

13. CERTIFICATE OF SERVICE

I hereby certify that on the ___ day of ____, 20__, a true and correct copy of the foregoing Complaint was duly served on the following parties via [U.S. Mail / hand delivery / JEFS e-filing / email] addressed as follows:

[DEFENSE COUNSEL OR DEFENDANT CONTACT INFO]

DATED: [CITY], Hawaiʻi, [DATE].

[ATTORNEY NAME], Esq.
Attorney for Plaintiff
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL] | Hawaiʻi Bar No. [____]

END OF TEMPLATE

[// GUIDANCE:
1. Attach Summons form HAW-HRCP 1-2 when filing.
2. File electronically through JEFS where mandatory.
3. Consider early settlement disclosures under HRCP Rule 26(f).]