Section 14.24 Wrongful Death Petition in Vehicular Collision

• Library: Tort Law 2016

A. (§14.24) Wrongful Death Petition in Vehicular Collision

In the Circuit Court of ____________ County, Missouri

Parents of Deceased )

)

Plaintiffs, )

)

v. ) Case No.

)

Driver )

and )

Bar )

)

Defendants. )

Petition for Damages

Come now plaintiffs, by counsel, and state the following as and for their causes of action against defendants herein.

Allegations Common to All Counts

1. Plaintiffs are Missouri residents, residing at the address shown hereinabove. Plaintiffs are wife and husband, and are furthermore the parents of (deceased). They are the persons entitled under Missouri law to bring this action for the wrongful death of their son.

2. Defendant Driver is a resident of Liberty, Clay County, Missouri, residing at the address shown hereinabove. Defendant Bar is a Bar located at the address shown hereinabove, which serves liquor at said address.

3. An incident giving rise to liability herein took place in Jackson County, Missouri, such that venue is proper in Jackson County, Missouri.

4. On or about June 6, 2000, defendant Driver was operating a 1993 Chevrolet Van northbound on Missouri Highway 291. The deceased was a passenger in a 1992 Honda vehicle southbound on Missouri Highway 291.

5. At the time and place outlined above, defendant Driver veered first to the east, struck the guardrail along the shoulder, then traveled across the roadway into the southbound lane and struck the other vehicle head-on.

6. At said time and place, defendant Driver was careless and negligent in the operation of his vehicle, as follows:

a. Failing to keep a careful lookout.

b. Failing to yield the right-of-way.

c. Colliding with the other vehicle.

d. Failing to keep his vehicle on the roadway.

e. Failing to warn of his movement off of the roadway and into the southbound lane of traffic.

f. Failing to stay in the northbound lane of traffic.

g. Crossing the center line.

h. Negligence per se for driving his vehicle under the influence of intoxicating liquor and drugs, in violation of §§ 577.010 and 577.012, RSMo. Specifically, his blood alcohol content was .18%, exceeding the legal limit of .08%.

i. Failing to maintain proper control of his vehicle, thereby allowing it to go out of control and collide with another vehicle.

j. Driving his motor vehicle at an excessive rate of speed for the conditions then existing.

k. Driving at a speed that made it impossible for him to stop within the range of his visibility.

l. Failing to act, stop, swerve, or slacken his speed...