Jamey Fuller v. Frederick Tagtmeier v. Jamey Fuller

Wichita, Kansas personal injury car wreck lawyer represented Plaintiff, who sued Defendant on a negligence theory claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of an accident.



Plaintiff Jamey Fuller was operating a motor vehicle westbound on X Road in Jewell County, Kansas, when Defendant, who was operating a motor vehicle eastbound on the same road and approaching Plaintiff crossed the centerline of the roadway and crashed head-on into Plaintiff's vehicle, thereby causing a collision which resulted in Plaintiff being injured in excess of $75,000.



Plaintiff was a resident of Florida and Defendant a resident of Kansas. Plaintiff filed suit in the United States District Court for the District of Kansas based on diversity of citizenship and the amount in question.



The elements of a car wreck negligence case are (1) failure to exercise due care in the operation of a motor vehicle, (2) injury or damage to the Plaintiff, and (3) a direct causal relationship between the negligence or the defendant and the injuries sustained by the Plaintiff.



Plaintiff claimed that the actions and/or omissions of Defendant are negligent for the following reasons:

a. Inattentive/distracted driving;

b. Improper lane change;

c. Driving on the wrong side of a roadway/in the wrong direction of traffic;

d. Speeding too fast for the then existing conditions;

e. Speeding;

f. Failing to brake;

g. Failing to keep a proper lookout;

h. Failing to warn;

i. Careless driving;

j. Reckless driving;

k. Upon information and belief, operating a motor vehicle while using a wireless

communications device to write (i.e., type), send, or read a written

communication including, but not limited to, a text message, instant message,

and/or email;

l. Negligence and negligence per se for violations of laws, ordinances, and/or statutes

of the State of Kansas; and/or

m. Other negligent actions and/or omissions to be supplemented after discovery



As a further direct and proximate result of the negligent actions and/or omissions of

Defendant, as aforesaid, Plaintiff receives injuries to his body, including, but not limited to,

his head, left ankle (which was fractured in the collision and required surgery), jaw/teeth,

and abrasions and contusions. Plaintiff may have had aggravation to a pre-existing condition(s), was otherwise injured, and has been damaged with pain and suffering, mental

anguish, loss of time, loss of enjoyment of life, medical expenses, economic loss, permanent

disfigurement, and permanent disability. In the future, Plaintiff will suffer with pain and

suffering, mental anguish, loss of time, loss of enjoyment of life, medical expenses,

economic loss, permanent disfigurement, and permanent disability. For the aforementioned

damages, Plaintiff has been damaged in an amount in excess of $75,000.0



Plaintiff also brings a claim for the loss or impairment of his ability to perform services in

the household and/or in the discharge of his domestic duties, and does so for the benefit of

his spouse (i.e., loss of consortium)



The burden of proof is on the Plaintiff in any negligence case.



Defendant counterclaimed asserting that the Plaintiff was the cause of the accident.



A Plaintiff in a personal injury case can recover:



A. For physical pain and suffering, past and future;



B Mental mental pain and suffering, past and future;



C. Based on age;



D. Injuries sustained based on his or herphysical condition immediately before and after the accident;



E. The nature and extent of his or her injuries;



F. Whether the injuries are permanent;



G. Physical impairment;



H. Disfigurement;



I. Loss of earning and/or time;



J. Impairment of earning capacity;



K. The reasonable expenses of the necessary medical care, treatment, and



services, past and future.

Settled for an undisclosed sum and dismissed with prejudice.

Car wreck law by Kent Morlan