Section 14.26 Wrongful Death Petition in Murder Case

• Library: Tort Law (2016 Forms)

C. (§14.26) Wrongful Death Petition in Murder Case

In the Circuit Court of __________ County, Missouri

Parents

Plaintiffs,

v.

Defendant I (son-in-law)

and

Defendant II (son-in-law’s girlfriend)

Defendants.

Case No.

Petition for Damages Wrongful Death

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 currently residents of _________ County, Missouri, residing at the address shown hereinabove. Plaintiffs are wife and husband, and are furthermore the parents of (deceased). The deceased had no children. As the deceased’s parents and because of the circumstances described herein, they are the only persons entitled by statute to file this wrongful death lawsuit and recover thereon.

2. Defendant I is an individual last known to reside in __________ County, Missouri, as indicated above.

3. Defendant II is an individual last known to reside in __________ County, Missouri, as indicated above.

4. The incident giving rise to liability herein was the death on or about December 18 or 19, 1998, in Clay County, Missouri, such that venue is proper in Clay County, Missouri.

5. On or about December 18 or 19, 1998, Defendant I was the husband of decedent. But he and Defendant II worked at the same establishment and were involved in a sexual affair.

6. Defendants conspired together, acted in concert, acted as agents of each other, took action in the form of a joint venture, and/or, in the alternative, acted within individual culpability to bring about the death of decedent by stabbing. They are jointly and severally liable for this death and are further liable for the actions of each other.

7. Information known about the death of decedent includes all of the following things:

a. A 13-inch knife with an 8-inch blade was found beneath decedent’s left leg when police arrived at her home.

b. Several open cut wounds in various lengths to decedent’s upper chest area were noted. Three open cut wounds in various lengths ranging from approximately 1 inch to 3 inches on the right arm were noted. Several small cuts on the inside of the fingers were noted. Ten open wounds ranging from approximately ½ inch to 3 inches on the back were noted. Four open wounds ranging from approximately ½ to 2½ inches on the lower side torso were noted. One open wound approximately 3 inches in length on the right ear cutting through the ear and into the head was

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