Petition - Missouri Motorcycle Accident - Speeding, Inattention, and Failure to Yield
IN THE CIRCUIT COURT OF THE
STATE OF
1. On or about 8/30/2007 at approximately 11:45 p.m. Plaintiff was traveling on a motorcycle heading westbound on I-44 in the right lane.
2. Defendant was also traveling westbound on I-44 when Defendant, at an excessive rate of speed turned his vehicle into the lane of traffic Plaintiff was traveling in, causing a collision on the side and the rear of Plaintiff’s motorcycle. Said impact caused extensive damage to both property and person.
3. Defendant owed Plaintiff the highest degree of care in operating the vehicle he was driving prior to and during the previously-referenced collision.
4. Defendant breached the duty he owed Plaintiff in the following respects:
A) Defendant failed to keep a lookout;
B) Defendant was traveling at a high rate of speed well in excess of the posted speed limit;
C) Defendant failed to obey traffic signs;
D) Defendant failed to operate his vehicle in a safe manner;
E) Defendant failed to avoid the collision;
F) Defendant failed to yield; and
G) Defendant failed to drive in a single lane.
5. As a direct and proximate result of Defendant’s negligence, Plaintiff was caused to suffer injuries; including but not limited to: a broken back and hip, head injury, separated clavicle, severe road rash over more than half of Plaintiff’s body, hands, and feet, and injuries requiring multiple surgeries, traction, burn treatment, and complete bed restriction and complete non-mobility for several months. Additionally, Plaintiff has and will continue to suffer permanent scarring, disfigurement, and physical disability.
6. In addition to his injuries, the Plaintiff has and will endure relentless pain and suffering, substantial loss of enjoyment of life, considerable lost wages, and a great deal medical expenses, well in excess of $25,000.
WHEREFORE, Plaintiff requests the Court to enter judgment in his favor and against the Defendant, and award him compensatory damages in an amount to be proven at trial to be fair and reasonable and well in excess of $25,000; to award him pre and post judgment interest and the costs of this action; and to grant such other relief as the Court may deem just and proper.
Benjamin J. Sansone, #53852
Sansone Law, LLC
(314) 726-1817
(314) 726-6087 FAX
ATTORNEY FOR PLAINTIFF