Fill and Sign the Attorney and Files This His Complaint Against Defendant Form

IN THE __________________________________COURT OF ____________________________________ (County), __________________________________________ (State) _______________________________________________ PLAINTIFF (Name of Plaintiff) V. CAUSE NO. ______,______ ________________________________________________ DEFENDANT (Name of Defendant) COMPLAINT COMES NOW ________________________________________________ (Name of Plaintiff), Plaintiff in the above-styled and numbered cause, by and through his Attorney, and files this his Complaint against Defendant, _________________________ ______________________ (Name of Defendant), and in support thereof would show unto the Court the following matters and facts: 1. Plaintiff is an adult resident citizen of ___________________________________ __________________________________________ (city, county, state). 2. Defendant is an adult resident citizen of _________________________________ _________________________________________ (city, county, state) and may be served with process at _____________________________________________________ ___________________________________________________________________________________________________________ (street address, city, county, state, zip code). 3 . At all times mentioned, Plaintiff owned real property located in ______________ ________________________________________ (city, county, state), as described in the Warranty Deed to Plaintiff dated _______________________________________ (date), a copy of which Deed is attached hereto as Exhibit A and incorporated herein by reference. 4. At all times mentioned, Defendant owned real property located in ____________ _______________________________________ (city, county, state), as described in the Warranty Deed to Plaintiff dated _______________________________________ (date), a copy of which Deed is attached hereto as Exhibit B and incorporated herein by reference. 5. Plaintiff and Defendant's properties are adjacent to each other in ______________ _________________________________________ (county and state), with Plaintiff's (e.g., northern) _______________________________ boundary also being Defendant's (e.g., southern) _______________________________ boundary. 6. Defendant has had a large dead tree on his property for at least _______________ ___________________ (period of time). The dead tree is located on the (e.g., southeast corner) _______________________________________ of Defendant's property, approximately _____________________________ (number of feet or inches) from the boundary between Plaintiff and Defendant's properties. The tree itself, while standing, was approximately ________________________________ (number of feet or inches) from Plaintiff's home (or other building damaged by tree) ________________________ _______________________________________________________________________. 7. Defendant had knowledge of the dead tree and the dangerous condition it was creating in that Plaintiff warned Defendant on or about ___________________________ ________________ (date), as well as several other occasions, that the tree was in a dangerous condition and could fall, thereby damaging Plaintiffs' property. 8. On or about ___________________________________ (date), and as a direct and proximate result of Defendant's negligence, the above-described tree fell onto Plaintiffs' property, damaging (describe damage to property and improvements) _______________________________________________________________________________________________________________________________________________________________________________________________________________________. THEREFORE, Plaintiff requests that: 1 . Plaintiff be awarded judgment against Defendant for damages in the sum of _________________________ (dollar amount), together with interest on that amount at the rate of _________________ (percentage) from ______________________________ __________ (date); 2. Plaintiff be awarded costs of suit; and 3. Plaintiff be granted such other and further relief as the Court deems just and proper. Respectfully submitted, ____________________________________ (Name of Plaintiff) By: ________________________________ (Name of Plaintiff’s Attorney) State Bar No. __________________ His Attorney OF COUNSEL: _________________________________________________ (Name of Plaintiff’s Attorney) Post Office Box ________-______________________________________________________________________________ City, State, Zip Code Telephone: ________-________-___________