Section 14.25 Wrongful Death Petition in Nursing Home Negligence Case

• Library: Tort Law 2016

B. (§14.25) Wrongful Death Petition in Nursing Home Negligence Case

In the Circuit Court of __________ County, Missouri

Parents of Deceased )

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Plaintiffs, )

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v. ) Case No.

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Nursing Home )

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Defendant. )

Petition for Damages—Wrongful Death

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

1. Plaintiffs are citizens and residents of the State of Missouri, residing at the address shown hereinabove. Plaintiffs are wife and husband, and are furthermore the parents of the deceased, who are entitled under § 537.080, RSMo, to bring this lawsuit for wrongful death. The deceased was a resident of _______ County, Missouri, at the time of his death.

2. Defendant is a corporation that has done business and/or had significant contacts with the State of Missouri and, specifically, Cass County, Missouri. The cause of action set forth in Count I is brought by plaintiffs against defendant under Missouri law. All references to defendant herein shall include any predecessor or parent or division or subsidiary for whose acts and omissions the defendant is liable.

3. The actions and omissions of defendant described herein were accomplished by the actions and omissions of defendant’s agents, servants, and/or employees, all acting within the course and scope of their relationship with defendant.

4. On or about July 22, 1998, the deceased was admitted to defendant’s residential living facility in ___________ County, Missouri, as a resident.

5. The deceased had been born with Down Syndrome and had that condition for all of his life. This was a condition that required special care.

6. The deceased died on September 2, 1999, with the following anatomical diagnoses through autopsy:

a. Acute bronchopneumonia

b. Mental retardation

c. Bilateral hydroceles

The conditions leading to his...