Defendant's Attorney: Anne Lindner Saghir and Amanda Pennington Ketchum

Description: Kansas City, Missouri personal injury lawyer represented the Plaintiff who sued the Defendants on auto negligence theories claiming to have suffered less than $75,000 in damages and/or injuries as a direct result of a semi-tractor-trailer accident caused by Cristin A. Hawthorne while driving for Swift Transportation Co. of Arizona, LLC.

This case was filed in the Circuit Court of Jackson County, MO at Kansas City, 2316-CV11473, and was removed to federal court by the Defendants.


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: Motion to remand.

Plaintiff's Experts:

Defendant's Experts:

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