Third Party Complaint Form

THIRD PARTY COMPLAINT

Court:   County:

Case Number:

Plaintiff:   Defendant (Original):

Third-Party Plaintiff:   Third-Party Defendant:

RECITALS

WHEREAS, Plaintiff commenced an action against Original Defendant in this action asserting claims arising out of the incident described below; and

WHEREAS, Third-Party Plaintiff alleges that on an occurrence took place which is the subject of Plaintiff's Complaint and that such occurrence was caused in whole or in part by the acts or omissions of the Third-Party Defendant; and

WHEREAS, Third-Party Plaintiff seeks contribution, indemnity, and declaratory relief against Third-Party Defendant for any damages, costs, or liabilities which Third-Party Plaintiff may be adjudicated to owe to Plaintiff.

NOW THEREFORE, Third-Party Plaintiff pleads as follows:

1. PARTIES

1.1 Third-Party Plaintiff is a existing under the laws of with its principal place of business at:

1.2 Third-Party Defendant is a organized under the laws of and may be served at:

2. JURISDICTION AND VENUE

2.1 This Court has jurisdiction over the subject matter of this Third-Party Complaint because the claims asserted herein arise out of the same transaction or occurrence that is the subject of the main action and present common questions of law and fact. Third-Party Plaintiff invokes the Court's supplemental jurisdiction for related claims.

2.2 Venue is proper in this Court because the events giving rise to the underlying action occurred in this County and Third-Party Defendant conducts business in this County.

3. FACTUAL ALLEGATIONS

3.1 At all relevant times, Third-Party Defendant owed duties to Third-Party Plaintiff and/or to Plaintiff relating to the operation, maintenance, design, or manufacture described above, and breached those duties by acts or omissions that were a proximate cause of Plaintiff's alleged injury or damage.

4. CAUSES OF ACTION

Count I — Indemnity (Contractual and/or Common Law). Third-Party Plaintiff realleges and incorporates the allegations in Sections 1 through 3. To the extent Third-Party Plaintiff is held liable to Plaintiff, Third-Party Defendant is contractually or legally obligated to indemnify Third-Party Plaintiff for all damages, losses, costs, and expenses arising out of the underlying claim, including but not limited to attorney fees and costs. Third-Party Plaintiff requests a judgment against Third-Party Defendant for the full amount of any liability, settlement, interest, costs, and reasonable attorneys' fees paid or incurred by Third-Party Plaintiff.

Count II — Contribution. Third-Party Plaintiff realleges and incorporates the allegations in Sections 1 through 3. If multiple parties are found to be responsible for the alleged harm to Plaintiff, Third-Party Defendant is liable to Third-Party Plaintiff for contribution in proportion to Third-Party Defendant's comparative fault, together with costs and interest.

Count III — Declaratory Relief. Third-Party Plaintiff seeks a declaration pursuant to applicable civil procedure that Third-Party Defendant's obligations to indemnify or contribute extend to all sums for which Third-Party Plaintiff may be found liable or obligated to pay to Plaintiff, including attorneys' fees and costs, and that Third-Party Defendant is responsible for defense of claims arising from the conduct alleged.

5. PRAYER FOR RELIEF

WHEREFORE, Third-Party Plaintiff respectfully requests that the Court enter judgment in its favor and against Third-Party Defendant as follows:

1. For compensatory damages in an amount to be proven at trial, together with interest;
2. For contribution and/or indemnity for any sums paid in satisfaction of Plaintiff's claims;
3. For costs of suit and reasonable attorneys' fees as permitted by law or contract;
4. For declaratory relief adjudging the rights and obligations of the parties as described above;
5. For such other and further relief as the Court deems just and proper.

Jury Demand: Third-Party Plaintiff hereby demands a trial by jury on all issues so triable.

6. SERVICE AND NOTICE

6.1 Service of process on the Third-Party Defendant may be made at the service address provided herein or at such other address as may be discovered. All notices required or permitted under this Third-Party Complaint shall be in writing and delivered to the addresses set forth below or to counsel of record.

7. MISCELLANEOUS PROVISIONS

Governing Law: This Third-Party Complaint shall be governed by and construed in accordance with the laws of the state in which this Court sits, without regard to conflict of laws principles.

Entire Agreement: This Third-Party Complaint, together with any express contractual obligations pleaded herein, constitutes the entire statement of third-party claims between the parties with respect to the matters pleaded and supersedes any inconsistent prior understandings to the extent applicable.

Severability: If any provision of this Third-Party Complaint is held unenforceable or invalid, such holding shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Amendments and Waiver: No amendment, waiver, or consent shall be effective unless in writing and signed by the party to be charged. The failure of any party to insist upon strict performance of any provision shall not be construed as a waiver of any subsequent default.

Counterclaims: Third-Party Defendant is hereby put on notice that Third-Party Plaintiff reserves the right to amend this pleading to assert additional claims or to add parties as discovery proceeds.

VERIFICATION

I, the undersigned, declare under penalty of perjury under the laws of this jurisdiction that I am authorized to file this Third-Party Complaint on behalf of Third-Party Plaintiff and that the factual allegations contained herein are true and correct to the best of my knowledge, information, and belief.

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