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Today's frivolous lawsuit story is....

D

DisgruntledVirus

Lifer
SEDALIA, Mo. (AP) ? The family of a 10-year-old Pettis County girl who died after her all-terrain vehicle collided with a pickup truck in Sedalia last year have sued the truck's driver.

The Missouri State Highway Patrol says Jordan Keith was driving the ATV off the road when she drove in front of a pickup just west of U.S. 65. She was thrown off the vehicle and later died at a hospital from her injuries.

The truck's driver, 61-year-old Richard L. Robertson of Sedalia, wasn't charged in the accident. Law enforcement said they determined Jordan swerved out in front of Richardson and he couldn't stop in time.

But Jordan's parents, Michael and Lesli Keith, filed a wrongful death lawsuit, accusing Robertson of being negligent and failing to drive more carefully or sound a warning to Jordan as he drove near her.
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http://www.fox2now.com/news/sn...vdeath,0,5638203.story

 
Text

Missouri follows a pure comparative negligence system. With this system, a judge or jury assigns a percentage of fault to each responsible party and then apportions the damage award accordingly. Using this system, an injured person may recover his or her damages even if the injured person was 99% at fault in causing the injury, with those damages reduced by his or her portion of the fault.
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So if the girl suffered $1,000,000 in damages and the court finds the driver 1% at fault, the family can still get $10K.
 
Originally posted by: isekii
wtf was a 10 year old girl doing on an ATV ?
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Nothing wrong with that, in my opinion. I got my first dirt bike at age 7.

Reading the story, it's implied the girl was riding along the highway, the guy was just driving along. She 'swerved out in front of him' and he hit her.

So the bottom line is that the parents were irresponsible in letting their child ride near the highway, and lax in teaching her to look before crossing the highway.
 
Originally posted by: RKS
Text

Missouri follows a pure comparative negligence system. With this system, a judge or jury assigns a percentage of fault to each responsible party and then apportions the damage award accordingly. Using this system, an injured person may recover his or her damages even if the injured person was 99% at fault in causing the injury, with those damages reduced by his or her portion of the fault.
Click to expand...

So if the girl suffered $1,000,000 in damages and the court finds the driver 1% at fault, the family can still get $10K.
Click to expand...

Yet another reason not to live in the shithole known as Misery.
 
Originally posted by: RKS
Text

Missouri follows a pure comparative negligence system. With this system, a judge or jury assigns a percentage of fault to each responsible party and then apportions the damage award accordingly. Using this system, an injured person may recover his or her damages even if the injured person was 99% at fault in causing the injury, with those damages reduced by his or her portion of the fault.
Click to expand...

So if the girl suffered $1,000,000 in damages and the court finds the driver 1% at fault, the family can still get $10K.
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So why not sue for $10billion and get 1% of that 😉
 
Umm... shouldn't the pick-up driver sue for the EXACT reason as the second bolded sentence? Of course, he'd sue for mental anguish.
 
Originally posted by: Beev
Originally posted by: RKS
Text

Missouri follows a pure comparative negligence system. With this system, a judge or jury assigns a percentage of fault to each responsible party and then apportions the damage award accordingly. Using this system, an injured person may recover his or her damages even if the injured person was 99% at fault in causing the injury, with those damages reduced by his or her portion of the fault.
Click to expand...

So if the girl suffered $1,000,000 in damages and the court finds the driver 1% at fault, the family can still get $10K.
Click to expand...

Yet another reason not to live in the shithole known as Misery.
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What state is your trailer parked in now?
 
Originally posted by: dquan97
Originally posted by: RKS
Text

Missouri follows a pure comparative negligence system. With this system, a judge or jury assigns a percentage of fault to each responsible party and then apportions the damage award accordingly. Using this system, an injured person may recover his or her damages even if the injured person was 99% at fault in causing the injury, with those damages reduced by his or her portion of the fault.
Click to expand...

So if the girl suffered $1,000,000 in damages and the court finds the driver 1% at fault, the family can still get $10K.
Click to expand...

So why not sue for $10billion and get 1% of that 😉
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Because the damage assessment has to have valid reason. But you knew that. 😛
 
Originally posted by: rivan
Originally posted by: isekii
wtf was a 10 year old girl doing on an ATV ?
Click to expand...

Nothing wrong with that, in my opinion. I got my first dirt bike at age 7.

Reading the story, it's implied the girl was riding along the highway, the guy was just driving along. She 'swerved out in front of him' and he hit her.

So the bottom line is that the parents were irresponsible in letting their child ride near the highway, and lax in teaching her to look before crossing the highway.
Click to expand...

So maybe they are implying that the driver should have slowed down, or trailed behind her, or maybe he tried to pass her without letting her know, and she went to make a left turn just as he was passing her. Who knows?
 
Originally posted by: Newbian
I would counter sue for the damage done to the truck after the idiot parents filed the suit first.
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I'd bet that the insurance company has already sued the atv family.

I had a client that was hit by a car while he was riding a bike. Among the many problems, he had a shattered leg/ankle and a traumatic head injury. He got a bill for about $2000 to cover the damages to the suv.
 
Originally posted by: Beev
Originally posted by: RKS
Text

Missouri follows a pure comparative negligence system. With this system, a judge or jury assigns a percentage of fault to each responsible party and then apportions the damage award accordingly. Using this system, an injured person may recover his or her damages even if the injured person was 99% at fault in causing the injury, with those damages reduced by his or her portion of the fault.
Click to expand...

So if the girl suffered $1,000,000 in damages and the court finds the driver 1% at fault, the family can still get $10K.
Click to expand...

Yet another reason not to live in the shithole known as Misery.
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Not going to get into this in depth, but let's just say it's not as easy to score big bucks off this as it's being made to sound.

Also, MO isn't alone. http://www.mwl-law.com/Practic...ibutory-Neglegence.asp
 
Hope about the driver suing the parents for emotional distress. He is going to have to live with the fact that he killed(however unintentionally) a little girl. He definitely needs to be compensated for his trauma.
 
If I were the defendent I wouldn't even respond to this suit. Yes, if it ever went to court I would show up, nicely dressed, WITHOUT a lawyer ... and when asked why I had no legal representation I would reply that the whole premise for having the proceeding was so utterly rediculous that it had to be a joke.
 
Originally posted by: dud
If I were the defendent I wouldn't even respond to this suit. Yes, if it ever went to court I would show up, nicely dressed, WITHOUT a lawyer ... and when asked why I had no legal representation I would reply that the whole premise for having the proceeding was so utterly rediculous that it had to be a joke.
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Uh, if you don't respond, you get a default judgment against you, and it'll cost you more to have it set aside.
 
Originally posted by: RKS
Text

Missouri follows a pure comparative negligence system. With this system, a judge or jury assigns a percentage of fault to each responsible party and then apportions the damage award accordingly. Using this system, an injured person may recover his or her damages even if the injured person was 99% at fault in causing the injury, with those damages reduced by his or her portion of the fault.
Click to expand...

So if the girl suffered $1,000,000 in damages and the court finds the driver 1% at fault, the family can still get $10K.
Click to expand...

So...how are damages assessed in cases of death? Just the costs of the ambulance/ER services? Fine. If the driver is 1% at fault for $100,000 of "damage", then he can pay $1,000.

Then I hope he turns right around sues them for 99% of the $5,000 damage to his truck.

(just making these numbers up)
 
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