Pleadings in Maryland Injury cases

Elements of a Complaint for Negligence

Every complaint in an action for negligence must state, all facts which are essential to the cause of action with a reasonable degree of certainty as is necessary to inform the defendant of the acts or omissions on which his or her liability is based. In order to state a cause of action in negligence, the complaint should state:

· a right on the part of the plaintiff,

· a duty on the part of the defendant with respect to that right,

· a breach of that duty by the defendant,

· the plaintiff has suffered an injury as a result of the breach of duty

A properly pleaded claim of negligence includes four elements: (1) that the defendant was under a duty to protect the plaintiff from injury, (2) that the defendant breached that duty, (3) that the plaintiff suffered actual injury or loss, and (4) that the loss or injury proximately resulted from the defendant's breach of the duty. Todd v. Mass Transit Admin., 373 Md. 149, 816 A.2d 930 (2003).

In the District Court you will use a pre-designed complaint form for filing. You are limited to filing suit for damages not in excess of $25,000.00 in the district court. Also note that you can file for lesser amounts and avoid being forced to the circuit court on the defendant's request for jury trial. The defendant can move you to a jury trial on a filing seeking damages in excess of $9,999.99.

In the Circuit Court you draft the complaint from scratch. There is no pre-designed form. You are not limited to the amount of damages in the circuit court. As such you can ask as much as you like.

In both circumstances after you file the complaint the court will issue a summons. Once you receive the summons you serve both summons and complaint on the defendant. I prefer to also file discovery to the defendant at the time I serve the complaint.

RULE 1-301. FORM OF COURT PAPERS

(a) Caption and Titling. Every pleading and paper filed shall contain a caption setting forth (1) the parties or, where appropriate, the matter, (2) the name of the court, (3) the assigned docket reference, and (4) a brief descriptive title of the pleading or paper which indicates its nature. An original pleading shall contain the names and addresses, including zip code, of all parties to the action if the names and addresses are known to the person filing the pleading. If the address of a party is unknown, the pleading shall so state. In other pleadings and papers, it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.

(b) Designation of Parties and Attorneys.

(1) Parties--Original Claim. Regardless of the nature of the action, the party bringing an action shall be called the plaintiff and the party against whom the action is brought shall be called the defendant except in a criminal action the party bringing the action shall be called the State.

(2) Parties--Subsequent Claims. The parties to a claim asserted after the plaintiff's original claim shall be called cross-plaintiff and cross-defendant as to a cross-claim; counter-plaintiff and counter-defendant as to a counterclaim; and third-party plaintiff and third-party defendant as to a third-party claim.

(3) Appeals to a Circuit Court. In appeals to a circuit court the parties shall retain their original designations.

(4) Attorney. Regardless of the nature of the action, the member of a bar who appears for a party shall be called attorney.

(c) Size of Papers--Backers Prohibited. Except as otherwise provided, any paper filed shall be 8 1/2 inches wide and 11 inches in length, shall have a top margin and left hand margin of not less than 1 1/2 inches, and shall be without a back or cover.

(d) Legibility and Durability. A paper and the writing on it shall be of permanent quality and the writing shall be legible.

(e) Existing Documents. Sections (a), (c), and (d) do not apply to any document already in existence which is filed as an exhibit to a pleading or paper. However, they do apply to any document prepared as an exhibit.

(f) Verification and Corporate Seal Unnecessary. Except when otherwise expressly provided by rule or statute, a pleading or paper need not be under affidavit, and, in the case of a pleading or paper filed by a corporation, need not be under the corporate seal.

RULE 2-302. PLEADINGS ALLOWED

There shall be a complaint and an answer. There may be a counterclaim, a cross-claim, and a third-party complaint. There shall be an answer to any counterclaim, cross-claim, or third-party complaint. No other pleading shall be allowed except that the court may order a reply to an answer. Demurrers, pleas, and replications are abolished.

Sample Complaint for negligence with negligent entrustment; respondeat superior, and loss of consortium

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