§ 9-11-114.Form of complaint for negligence under Federal Employers’ Liability Act

Chapter 11. Civil Practice Act · Article 10. Forms · Last amended 1980 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-11-114 supplies a sample complaint for a railroad worker’s negligence claim under the federal Employers’ Liability Act, alleging that the railroad put the plaintiff to work in an unsupported section of a tunnel under repair, that a falling rock caused the resulting injuries, and seeking judgment for lost earning capacity and medical expenses.

Full Text of § 9-11-114

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IN THE ______________________ COURT OF ______________________ COUNTY STATE OF GEORGIA

A.B., ) ) Plaintiff ) ) Civil action v. ) File no.______________________ ) (Clerk will insert number.) C.D., ) Defendants COMPLAINT The defendant C.D., herein named, is a resident of ______________________ (street), ______________________ (city), ______________________County, Georgia, and is subject to the jurisdiction of this court.

During all the times herein mentioned defendant owned and operated in interstate commerce a railroad which passed through a tunnel located at ______________________ and known as Tunnel No. ______________________ 2.

On or about June 1, 1966, defendant was repairing and enlarging the tunnel in order to protect interstate trains and passengers and freight from injury and in order to make the tunnel more conveniently usable for interstate commerce.

In the course of thus repairing and enlarging the tunnel on said day, defendant employed plaintiff as one of its workmen and negligently put plaintiff to work in a portion of the tunnel which defendant had left unprotected and unsupported.

By reason of defendant’s negligence in thus putting plaintiff to work in that portion of the tunnel, plaintiff was, while so working pursuant to the defendant’s orders, struck and crushed by a rock which fell from the unsupported portion of the tunnel and was (here describe plaintiff ’s injuries).

Prior to these injuries, plaintiff was a strong, able-bodied man, capable of earning $ ______________________ per day. By these injuries he has been made incapable of any gainful activity, has suffered great physical and mental pain, and has incurred expense in the amount of $ ______________________ for medicine, medical attendance, and hospitalization. Wherefore, plaintiff demands judgment against defendant in the sum of $ ______________________ and costs.

______________________ Attorney for plaintiff ______________________ Address

End

Plain-English Summary

The federal Employers’ Liability Act governs injury claims by railroad workers hurt while their employer operates in interstate commerce. This section supplies a Georgia pleading template for bringing that federal claim in state court, built around a tunnel-repair accident typical of the era the form dates from.

Five numbered paragraphs lay out the claim in sequence: the railroad’s interstate operations and the tunnel involved; the repair and enlargement work, framed as protecting interstate trains, passengers, and freight; the railroad’s employment of the plaintiff and its negligent assignment of him to an unprotected, unsupported section of the tunnel; the resulting rock fall and injuries; and the plaintiff’s earning capacity before the accident against his incapacity, pain, and medical expenses after it.

The interstate-commerce allegations set this complaint apart from the article’s general negligence form. Ordinary negligence and injury still have to be pleaded, but because federal law rather than Georgia tort law supplies the underlying cause of action, the complaint also has to tie the railroad’s work to interstate commerce for the claim to fall within the federal statute’s reach.

The closing demand asks for a stated sum and costs, without a separate request for interest or attorney fees — consistent with how this article treats personal-injury claims generally.

Frequently Asked Questions

What federal law does this complaint enforce?

The federal Employers’ Liability Act, which governs railroad workers injured while employed in interstate commerce.

Why does the complaint emphasize interstate commerce?

Because liability under the federal Employers’ Liability Act turns on the railroad’s involvement in interstate commerce, so the complaint alleges the railroad operated the line and that the tunnel work served interstate trains, passengers, and freight.

How was the plaintiff injured according to the sample complaint?

A rock fell on him from an unsupported, unprotected section of a tunnel the railroad was repairing, after the railroad negligently assigned him to work there.

What damages does the model complaint describe?

Loss of the plaintiff’s earning capacity, physical and mental pain, and expenses for medicine, medical attendance, and hospitalization.

How does this complaint differ from the article’s general negligence form?

It adds allegations specific to the federal statute, particularly the railroad’s interstate-commerce operations and the employment relationship, on top of the basic negligence, injury, and damages allegations found in the general form.

Amendment History

Ga. L. 1966, p. 609, § 114; Ga. L. 1980, p. 649, § 12.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission. Last verified July 17, 2026. · Official source

Also known as: georgia form complaint FELA railroad injuryfederal employers liability act complaint sample georgiarailroad worker injury lawsuit template georgiaFELA negligence complaint tunnel accident