MISSOURI BIKE ACCIDENT INJURY PETITION

COMES NOW Plaintiff, Erin Schulte, and for her Petition against Defendant, Nancy Viggers, states as follows:

1.         The cause of action accrued in St Louis County, State of Missouri.

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

3.         Venue is appropriate in St Louis County, State of Missouri.

4.         On or about 8/8/2007, Plaintiff was a bicyclist traveling on Grant’s Farm Trail and riding through its intersection with Union Road.  

5.         At the same time, a vehicle owned and operated by Defendant exited from the northeast exit of a gas station parking at or near the Union and Grant’s Farm Trial intersection.

6.         Defendant made an illegal right turn on red, turned onto Union and struck Plaintiff as she was crossing the pedestrian crosswalk. 

7.         The Defendant was negligent and caused a collision between her vehicle and the Plaintiff, a bicyclist. 

8.         The Defendant owed Plaintiff the highest degree of care in operating her vehicle prior to and during the previously-referenced turn and collision.

9.         Defendant breached the duty she owed Plaintiff in the following respects:

A)        Defendant failed to obey traffic signs;

B)        Defendant failed to yield to a pedestrian/cyclist;

C)        Defendant failed to keep a careful lookout; and

D)        Defendant failed to operate her vehicle in a safe manner.

10.       As a direct and proximate result of Defendant’s negligence, Plaintiff was caused to suffer severe physical injuries, including but not limited to a fractured left ankle causing permanent disabling injuries, permanent disfigurement, past and future pain and suffering, loss of enjoyment of life, and past and future lost wages and medical expenses.  

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