§ 9-11-110.Form of complaint for negligence when plaintiff is unable to determine responsible person

Accident victims do not always know, at the moment they file suit, exactly who was at fault — the vehicle’s owner, its driver, or both. This form addresses that uncertainty directly, letting a plaintiff sue two possible defendants together rather than guessing wrong and losing the claim against the real wrongdoer.

The structure closely follows this article’s general negligence form, with two changes. The factual allegation names both potential defendants — “defendant C.D. or defendant E.F., or both” — and broadens the conduct alleged to “willfully or recklessly or negligently,” covering more than one possible theory of fault until discovery sorts out what happened. The injuries and damages allegations otherwise track the general negligence form word for word.

The closing demand mirrors that flexibility: judgment against C.D., or against E.F., or against both, for the stated sum and costs. A bracketed note in the jurisdictional paragraph reminds the drafter to add a matching residency allegation for the second defendant, since the printed boilerplate covers only the first.

Georgia’s Civil Practice Act permits pleading claims and defenses in the alternative, even inconsistently, and this form puts that flexibility to work for a plaintiff who cannot yet pin down which of two people caused an injury.