Defendant's Attorney: Jeffrey S Nichols, Kellsey Shores

Description: Kansas City, Missouri personal injury lawyers represented the Plaintiff, individually and as Guardian of Alec Tabor, an incapacitated and disabled Person, who sued the Defendants on an auto negligence theory claiming to have been damaged and/or injured in a car wreck caused by Annett Holdings' employee.

This case was filed in the Circuit Court of Cass County, Missouri, 23CA-CC00076 and was removed to federal court by the Defendants.

Annett Holdings, Inc. d/b/a TMC Transporation is a flatbed semi-tractor-trailer freight trucking company.


Missouri Auto Negligence Law: Key Points

Here's a breakdown of key points regarding Missouri auto negligence law:

1. Comparative Fault:

Pure Comparative Fault: Missouri follows a pure comparative fault system. This means even if you were partially at fault for the accident, you can still recover damages, proportionate to the other party's degree of fault.
Example: If you're found 30% responsible for the accident and the other driver is 70% responsible, you can recover 70% of your damages from the other driver.

2. Burden of Proof:

To recover damages, you must prove the other driver was negligent and their negligence caused your injuries.
Proving negligence involves demonstrating four elements:
Duty of care: The other driver owed you a duty to act reasonably under the circumstances.
Breach of duty: The other driver breached their duty of care by acting negligently.
Causation: The other driver's breach of duty directly caused your injuries.
Damages: You suffered actual damages (e.g., medical bills, lost wages, pain and suffering) as a result of the accident.

3. Statute of Limitations:

You have five years from the date of the accident to file a lawsuit for personal injury claims.

4. Additional Points:

Comparative negligence applies to multiple parties: In accidents involving multiple drivers, each party's share of fault is determined and damages are adjusted accordingly.
Missouri Traffic Laws: Following traffic laws strengthens your case by demonstrating your adherence to the standard of care.
Seeking Legal Counsel: Consulting an experienced Missouri auto accident attorney is crucial for navigating the legal complexities and maximizing your compensation.

Disclaimer: This information is for general knowledge only and does not constitute legal advice. Please consult with a qualified attorney in Missouri for specific legal guidance regarding your situation.

Outcome: 12/07/2023 21 ORDER (1) GRANTING MOTION TO REMAND AND (2) REMANDING CASE TO STATE COURT FOR LACK OF JURISDICTION - The case is REMANDED to the Circuit Court of Cass County, Missouri. Signed on 12/7/2023 by Chief District Judge Beth Phillips. (Murphy-Carr, Shauna) (Entered: 12/07/2023)
12/07/2023 22 CLERK'S JUDGMENT. (Murphy-Carr, Shauna) (Entered: 12/07/2023)

Plaintiff's Experts:

Defendant's Experts:

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