Lee’s Summit trucking accident – Petition for Damages – Wrongful Death – a CLE guide for Lawyers
Trucking accident lawyers handling wrongful death will benefit from the continuing education post. Matt Hamilton, Lee’s Summit’s auto accident attorney posts this to benefit personal injury lawyers desiring to know the proper way to draft a petition for damages in a Kansas City trucking accident wrongful death lawsuit.
Call Matt Hamilton at 816-540-4040 if you are a trucking accident victim or a member of their family.
Lee’s Summit trucking accidents and Kansas City wrongful death claims must be handled swiftly as evidence spoils quickly. The memories of witnesses dim. Other parties, most notably the insurance companies will quickly (within days of the trucking accident or wrongful death) get statements from the witnesses and attempt to commit them to testimony harmful to the victims. Also, the scene of the trucking accident or wrongful death will need to be photographed in detail and investigated as soon as possible.
The names of the persons a companies involved have been changed to protect the privacy of those involved.
IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI
AT KANSAS CITY
ELMER D. SMITH, JR.
v. Case No.: 11-CV-214352
SOLID TRANSPORT CORP.
Agent: Lola Windsor
3345 RD Mize Road
Lee’s Summit, MO 64063
PETITION FOR DAMAGES FOR
WRONGFUL DEATH TRUCKING ACCIDENT
COMES NOW, the plaintiff, Elmer D. Smith, Jr., by and through his undersigned trucking accident attorneys, and for his cause of action against defendant Solid Transport Corp. states and alleges as follows:
COUNT I – NEGLIGENCE
1. Plaintiff is a Lee’s Summit, Jackson County, Missouri citizen who does business in Lee’s Summit, Jackson County, Missouri.
2. Defendant is a Missouri corporation and does business in Lee’s Summit Jackson County, Missouri; its principal place of business is in Lee’s Summit, Missouri.
3. Mr. Eric Cline was employed by Solid Transport Corp. and acting within the scope of his employment at all times pertinent hereto on the date of the Kansas City Lee’s Summit trucking accident and wrongful death.
4. All of the acts, conduct and omissions, including the trucking accident and wrongful death herein alleged occurred within or near Lee’s Summit, in Jackson County, Missouri; at all times mentioned herein, Interstate 70, was a public highway and thoroughfare near Kansas City and Lee’s Summit, in Jackson County, Missouri, running in a general easterly and westerly direction.
5. On or about December 16, 2007, Plaintiff Elmer Smith, Jr. was driving his semi-tractor trailer truck eastbound on Interstate 70 on the Lewis and Clark viaduct not far from Lee’s Summit, Missouri and Kansas City, Missouri.
6. Mr. Cline was also a driver on Interstate 70 on the Lewis and Clark viaduct not far from Lee’s Summit, Missouri and Kansas City, Missouri and owed a duty of the highest degree of care to other truck drivers and vehicles on the roadway.
7. Defendant Solid Transport Corp. was careless and negligent during the Lee’s Summit trucking accident and wrongful death in the following respects:
(a) in placing an automobile/truck upon a public thoroughfare without working lights, and
(b) in placing an automobile/truck in tow upon a public thoroughfare that exceeded the maximum amount of weight allowed by Missouri law, and
(c) in allowing its employee to drive an automobile/truck in the scope of his employment without a valid driver’s license.
8. Defendant Solid Transport Corp., by and through its employee Mr. Cline, was also careless and negligent in the following respects:
(c) in driving a vehicle in willful or wanton disregard for the safety of other
truck drivers and automobiles on the road, and
(d) in failing to move its automobile/truck to the side of the road and out of the path of oncoming traffic when said move could be made with reasonable safety prior to the Lee’s Summit trucking accident in Kansas City, Missouri.
9. The careless and negligent acts of the Defendant Solid Transport Corp. caused a Lee’s Summit trucking accident to occur between Defendant Solid Transport Corp.’s vehicle and Plaintiff Elmer Smith’s vehicle, directly resulting in a wrongful death trucking accident and damages to Mr. Smith and the wrongful death of Mr. Cline during the Lee’s Summit trucking accident.
10. As a direct and proximate result of defendant’s Lee’s Summit trucking accident negligence, plaintiff Elmer D. Smith, Jr. has suffered over $50,105.54 in property damages, loss of profits, loss of earnings, and rental expenses.
COUNT II – NEGLIGENCE PER SE FOR
LEE’S SUMMIT TRUCKING ACCIDENT AND WRONGFUL DEATH
COMES NOW the plaintiff Elmer D. Smith, Jr., through his trucking accident lawyers and for Count II of his action against the defendant Solid Transport Corp. states that:
11. Plaintiff’s attorneys incorporate herein by reference each and every allegation set forth in Count I of this Petition including the Lee’s Summit trucking accident and wrongful death specifics as though fully set forth herein.
12. Missouri Revised Statute 307.075 provides that every truck, automobile, motor vehicle or motor-drawn vehicle shall be equipped with at least two working rear lamps that are plainly visible from a distance of five hundred feet to the rear.
13. Defendant violated Missouri Revised Statute 307.075 by failing to equip its truck vehicle with working lamps that were plainly visible to motorists on the road.
14. Missouri Revised Statute 307.075 was designed to prevent the damages sustained by the plaintiff Elmer Smith, Jr. during the Lee’s Summit trucking accident and wrongful death.
15. As a direct and proximate result of defendant’s violation of Missouri Revised Statute 307.075, plaintiff Elmer Smith, Jr. has suffered over $50,105.54 in property damages, loss of profits, loss of earnings, and rental expenses. Mr. Cline suffered a Lee’s Summit wrongful death in the trucking accident.
WHEREFORE, plaintiff Elmer D. Smith, Jr., through his Lee’s Summit trucking accident attorneys and wrongful death lawyers and prays for judgment against defendant Solid Transport Corp. in an amount that is fair and reasonable as determined by the jury, plus interest as provided by law, for his costs incurred herein, and for such other relief as the Court deems just and proper.
DEMAND FOR JURY TRIAL
COMES NOW, the plaintiff, Elmer D. Smith, Jr., by and through his Lee’s Summit trucking accident lawyers and wrongful death attorneys and respectfully demands a trial by jury of all issues raised herein from this Lee’s Summit trucking accident and wrongful death.
MATTHEW J. HAMILTON #48546
216 N. Highway 7
Post Office Box 215
Pleasant Hill, MO 64080
Fax: (816) 540-3147
LEE’S SUMMIT ATTORNEYS FOR TRUCKING ACCIDENTS
MJH: May 6, 2011\7047894