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Date: 12-13-2023
Case Style:
Case Number: 4:23-cv-00640
Judge: Greg Kays
Court: United States District Court for the Western District of Missouri (Jackson County)
Plaintiff's Attorney:
Defendant's Attorney: Brent Scott and Jaclyn Kinkade
Description: Kansas City, Missouri personal injury lawyer represented the Plaintiff who sued the Defendants on auto negligence theories claiming to have suffered less than $75,000 in damages and/or injuries as a direct result of a semi-tractor-trailed accident caused by Flaco Philippe while driving for Turtle Express Freight, Inc.
This case was filed in the Circuit Court of Jackson County, Missouri, 2316-CV00058, and was removed to federal court by the Defendants.
Missouri Auto Negligence Law: Key Points
Here's a breakdown of key points regarding Missouri auto negligence law:
1. Comparative Fault:
Pure Comparative Fault: Missouri follows a pure comparative fault system. This means even if you were partially at fault for the accident, you can still recover damages, proportionate to the other party's degree of fault.
Example: If you're found 30% responsible for the accident and the other driver is 70% responsible, you can recover 70% of your damages from the other driver.
2. Burden of Proof:
To recover damages, you must prove the other driver was negligent and their negligence caused your injuries.
Proving negligence involves demonstrating four elements:
Duty of care: The other driver owed you a duty to act reasonably under the circumstances.
Breach of duty: The other driver breached their duty of care by acting negligently.
Causation: The other driver's breach of duty directly caused your injuries.
Damages: You suffered actual damages (e.g., medical bills, lost wages, pain and suffering) as a result of the accident.
3. Statute of Limitations:
You have five years from the date of the accident to file a lawsuit for personal injury claims.
4. Additional Points:
Comparative negligence applies to multiple parties: In accidents involving multiple drivers, each party's share of fault is determined and damages are adjusted accordingly.
Missouri Traffic Laws: Following traffic laws strengthens your case by demonstrating your adherence to the standard of care.
Seeking Legal Counsel: Consulting an experienced Missouri auto accident attorney is crucial for navigating the legal complexities and maximizing your compensation.
Disclaimer: This information is for general knowledge only and does not constitute legal advice. Please consult with a qualified attorney in Missouri for specific legal guidance regarding your situation.
Outcome: 12/13/2023 20 GREEN CARD showing return of service re 19 Order on Motion to Remand. 16th Circuit Court of Jackson County, Missouri served on 12/11/2023. (Service date found on www.usps.com.) (Related document(s) 19 ) (Melvin, Greg) (Entered: 12/13/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: