Fl. R. Civ. P. form 1.946

As amended through November 4, 2024

Form 1.946 - MOTOR VEHICLE NEGLIGENCE WHEN PLAINTIFF IS UNABLE TO DETERMINE WHO IS RESPONSIBLE

COMPLAINT

Plaintiff, A. B., sues defendants, C. D., and E. F., and alleges:

1. This is an action for damages that (insert jurisdictional amount).

2. On or about .....(date)....., defendant, C. D., or defendant, E. F., or both defendants, owned and operated motor vehicles at ....................in ...................., Florida.

3. At that time and place defendants, or one of them, negligently operated or maintained their motor vehicles so that one or both of them collided with plaintiff's motor vehicle.

4. As a result plaintiff suffered bodily injury and resulting pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of earnings, loss of ability to earn money, and aggravation of a previously existing condition. The losses are either permanent or continuing and plaintiff will suffer the losses in the future. Plaintiff's automobile was damaged and he/she lost the use of it during the period required for its repair or replacement.

WHEREFORE plaintiff demands judgment for damages against defendants.

Fl. R. Civ. P. form 1.946

Amended by 391 So.2d 165, effective 1/1/1981; added by 211 So.2d 174, effective 10/1/1968.

Allegations when owner and driver are different persons are omitted from this form and must be added when proper.

Committee Notes

1980 Amendment. Paragraph 4 is changed to paraphrase Standard Jury Instruction 6.2.