IN THE CIRCUIT COURT OF THE CITY OF ST LOUIS
STATE OF MISSOURI

KRISTOPHER DANIEL                                

Plaintiff

vs.                                                       

NEIL THOMAS                                             

Defendant.                                           

 PETITION

COMES NOW Plaintiff, Kristopher Daniel, and for his Petition against Defendant, Neil Thomas, states as follows:

1.         At the time of the subject incident Plaintiff was a resident of Missouri.

2.         Defendant is a resident of Illinois.

3.       The amount in controversy exceeds $25,000, exclusive of interest and costs.    

4.         Venue is appropriate in St Louis City, State of Missouri pursuant to Mo. Stat. § 508.010(4).

5.         On 1/27/2004 Plaintiff was traveling east on Mexico Road when a vehicle driven by Defendant, also traveling eastbound on Mexico Road. The Defendant forced Plaintiff off the road and into a telephone pole head-on.  Said impact caused causing extensive damage to both property and persons.   

 
6.         Neil Thomas owed Plaintiff the highest degree of care in operating the vehicle he was driving prior to and during the previously-referenced collision.

7.         Neil Thomas breached the duty he owed Plaintiff in the following respects:

(a)        That Neil Thomas failed to keep a careful lookout;

(b)        That Neil Thomas drove at an excessive speed;

(c)        That Neil Thomas failed to maintain control of his vehicle;

(d)        That Neil Thomas was driving too closely behind Plaintiff’s vehicle under the conditions then existing;

(e)        That Neil Thomas operated his vehicle at an erratic and excessive speed weaving in and out of traffic with reckless disregard for the safety of other drivers, including Plaintiff;

(f)         Neil Thomas failed to stop and attempted to flee after knowing he caused an accident.

8.         As a direct and proximate result of Neil Thomas’ negligence, Plaintiff  struck his head and lost consciousness; suffered jaw pain; dizziness, nausea; severe neck and back injuries; injuries to his face, neck, and scalp, and injuries to his body.

9.         In addition to his injuries, the Plaintiff has endured pain and suffering, loss of enjoyment of life, lost wages, medical expenses, and damage to his property. 

WHEREFORE, Plaintiff requests the Court to enter judgment in their favor and against the Defendant, and award him compensatory damages in an amount to be proven at trial to be fair and reasonable in excess of $25,000; to award him prejudgment interest and the costs of this action; and to grant such other relief as the Court may deem necessary and proper.