Tami Root, by and through her next friend, Paul Root v. Robin Mudd

Automobile - bicycle accident - This case arose out of a collision between a car and a nine-year-old girl riding a bicycle. On May 20, 1993, Mudd was driving her sedan west on Rosehill Road in Centerview, Missouri. Nine-year-old Tami Root was riding her bicycle north on South Walnut Street. Mudd saw a group of children riding their bicycles and attempted to stop. Root sustained dental injuries as a result of the accident. Two of her teeth required extensive root canal treatment and will require more extensive work in the future. She also suffered minor chipping and fractures to other teeth that will require future treatment. Root sued Mudd for damages arising from the collision. Mudd asserted comparative negligence as an affirmative defense.

Jury verdict finding that Tami Root, age 9, was 90% at fault resulting in a judgment for plaintiff for $12,000.00.

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Reversed by the Missouri Court of Appeals, Western District. See: 981 S.W.2d 651 (Mo.App. W.D. 1998). The date shown above is the date of the appellate court decision and not the trial date.