Sample Georgia Negligent Entrustment Complaint

In our injury law practice, I frequently have clients that ask what is the Complaint and what does it look like. Here is an example of one we used in a negligent entrustment case.

IN THE STATE COURT OF GWINNETT COUNTY
STATE OF GEORGIA


MICHELLE CORE, )
)
Plaintiff, ) CIVIL ACTION
vs. )
) FILE NO. ________________
JOSE ROSE and
CHRISTIAN JONES, )
)
) JURY TRIAL DEMANDED
Defendants.
)
)

COMPLAINT

COMES NOW Michelle CORE, Plaintiff, and makes and files this complaint against Defendants Jose Rose and Christian Jones as follows:

JURISDICTION AND VENUE

1.

Plaintiff is a resident of Georgia.

2.

Defendant Jose Rose(hereinafter referred to as “Rose”) resides at XXXXXXXX Drive, Lawrenceville, Gwinnett County, Georgia 30043, and may be served with a copy of the Summons and Complaint at this address.

3.

Defendant Christian Jones (hereinafter referred to as “Jones”) resides at XXXXXXX Boulevard, Norcross, Gwinnett County, Georgia 30093, and may be served with a copy of the Summons and Complaint at this address.

4.

Jurisdiction and venue are proper in this Court.
BACKGROUND

5.

On or about September 7, 2005, Plaintiff was driving a vehicle traveling eastbound on Duluth Highway in Lawrenceville, Georgia.

6.

Defendant Rose negligently collided with the rear of Plaintiff’s vehicle.

7.

Defendant Rose was cited at the scene for following too closely.

8.

As a result of the collision, Plaintiff suffered serious injuries.
LIABILITY OF CHRISTIAN JONES

9.

Defendant Jones had knowledge that Rose was incompetent to drive and allowed him to have access to the motor vehicle anyway. Accordingly, Defendant Jones is liable for the negligence of Rose.

NEGLIGENCE OF ROSE

10.

Plaintiff re-alleges and incorporates herein the allegations contained in paragraphs 1 through 9 above as if fully restated.

11.

Defendant Rose was negligent in following too closely to Plaintiff’s vehicle.

12.

Defendant Rose was the sole proximate cause of the collision.

13.

Plaintiff did nothing to contribute to causing the collision.

14.

As a result of Defendant Rose’s negligence, Plaintiff suffered injuries, incurred lost wages, incurred medical bills and suffered pain in an amount to be proven at trial.

WHEREFORE, Plaintiff prays that she have a trial on all issues and judgment against Defendants as follows:
a. That Plaintiff recover the full value of past and future medical expenses and past and future lost wages in an amount to be proven at trial;
b. That Plaintiff recover for physical pain and suffering, loss of enjoyment of life, and emotional distress in an amount to be determined by the enlightened conscience of the jury;
c. That Plaintiff recovers punitive damages, reasonable attorney’s fees and costs of litigation and any statutory penalties allowed by law;
d. That Plaintiff recovers such other and further relief as is just and proper;
e. That all issues be tried before a jury.

This ________ day of July, 2007.