Defendant's Attorney: Jeffrey K. Suess

Description: St. Louis, Missouri personal injury lawyer represented the Plaintiff who sued the Defendants on auto negligence theories claiming to have suffered $25,000 in damages and/or injuries as a direct result a semin-tractor-trailer accident the occurred as a direct result of the negligent operation of his truck by Jose H. Galvan-Garcia.

This case was filed in the Circuit Court of Mississippi County, Missouri, 23MI-CV00575, and was removed to federal court by the Defendant.

The key elements of Missouri Auto Negligence Law are:

Duty of care: All drivers in Missouri have a duty to operate their vehicles safely and follow traffic laws to avoid harming others. This includes avoiding behaviors like:
Speeding
Distracted driving
Driving under the influence (DUI)
Reckless driving
Failing to yield right of way
Ignoring traffic signals
Breach of duty: The injured party must prove that the other driver breached their duty of care, causing the accident and resulting injuries. Evidence such as:
Police reports
Witness statements
Accident scene photos
Vehicle damage photos
Medical records
Proximate cause: The breach of duty must be the direct cause of the accident and injuries. Simply showing the driver was negligent isn't enough; you must prove their negligence directly caused the harm.
Damages: If all elements are established, the injured party can seek compensation for various damages:
Medical expenses
Lost wages
Pain and suffering
Property damage
Pure comparative negligence: Missouri follows a pure comparative negligence rule. This means that even if the injured party is partially at fault, they can still recover damages, with their compensation proportionally reduced based on their percentage of fault. For example, if they're 30% at fault, their damages are reduced by 30%.

Additional Points:

Statute of limitations: As in many states, Missouri has a five-year statute of limitations for personal injury lawsuits, starting from the date of the accident.
Legal resources: Consult the Missouri Bar Association or Missouri Department of Motor Vehicles for guidance and resources.

Specific Scenarios:

Here are some situations where Missouri Auto Negligence Law might apply:

Car accidents: A driver violating traffic laws and causing a collision could be liable for resulting injuries.
Hit-and-run accidents: The injured party can still pursue compensation through their uninsured/underinsured motorist coverage.
Pedestrian accidents: Drivers have a duty to exercise due care towards pedestrians and are liable for causing injuries due to negligence.

Seeking Legal Help:

If you believe you've been harmed due to someone else's negligence in a Missouri auto accident, it's crucial to consult with an experienced personal injury attorney specializing in auto negligence. They can:

Assess your case and identify potential legal options.
Gather evidence and build your case.
Negotiate with insurance companies or represent you in court.

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Outcome: CLERK'S ORDER (GJL) - The above-styled and numbered case was opened in CM/ECF on December 14, 2023 and assigned to the Eastern Division. After a review of the case, it was determined the case was assigned incorrectly. The case should have been assigned to the Southeastern Division. Accordingly, IT IS HEREBY ORDERED that the above styled case is transferred to the Southeastern Division and assigned to the Honorable Stephen N. Limbaugh, Jr., Senior United States District Judge, under cause number 1:23CV00221 SNLJ. IT IS FURTHER ORDERED that cause number 4:23CV01607 UNA be administratively closed. (JWD) (Entered: 12/18/2023)

Plaintiff's Experts:

Defendant's Experts:

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