BROWN & JAMES LAW FIRM
Robert W. Cockerham Direct: 3l4.242.5236 Fax: 314.242.5436 e-mail: rcockerham@bjpc.com
1010 Market Street, 20th Floor St. Louis, Missouri 63101-2000 Phone 314.421.3400
November 5,2007
Circuit Clerk of Jackson County Attn: Civil Processing
415 East 12th Street
Kansas City, MO 65106
Re: Farm Bureau Town & Country Insurance Company of Missouri v. Michael and Tammy Countryman
Dear Sir or Madam:
Enclosed please find an original and three copies of a Petition for filing with the court in the above referenced matter. I have also enclosed a check in the amount of $127.00 for the filing fee, as well as a $22.00 check for service on the second defendant. Please return a file stamped copy of the Petition to my attention in the enclosed self-addressed, postage pre-paid envelope.
Thank you for your assistance in this matter. If you have any questions, please do not hesitate to contact me.
Robert W. Cockerham,
IN THE CIRCUIT COURT OF JACKSON COUNTY STATE OF MISSOURI
FARM BUREAU TOWN AND COUNTRY INSURANCE COMPANY OF MISSOURI,
Plaintiff, Cause No. 0716-CV32493
v.
MICHAEL COUNTRYMAN and TAMMY COUNTRYMAN,
Serve: 3017 South Crysler Avenue Independence, MO 64052
JURY TRIAL DEMANDED
Defendants.
PETITION
COMES NOW Plaintiff, Farm Bureau Town and Country Insurance Company of Missouri,
and for its cause of action against Defendants, states as follows:
ALLEGATIONS COMMON TO ALL COUNTS
1. Plaintiff Farm Bureau Town and Country Insurance Company of Missouri
(hereinafter "Plaintiff'), is an insurer who provided insurance coverage for property owned by
Richard Woodroof.
2. Defendants Michael and Tanuny Countryman (hereinafter "Defendants") are
individuals and residents ofthe State of Missouri.
3. At all relevant times, Richard Woodroof was the owners and lessors of real property
located at 17221 East 41 st Street in Independence, Missouri (hereinafter "Subject Property").
4. Pursuant to a lease, Defendants were tenants at the Subject Property.
5. On or about June 16,2004, while Defendants were in control and possession of the
Subject Property, Defendants negligently and recklessly left a pan unattended on a stove, causing a
fire at Richard Woodroofs property.
6. As a result of Defendants' negligence, Plaintiff was damaged in an amount in excess
of $30,000.
7. All of the events alleged herein occurred in Jackson County, State of Missouri;
therefore, venue is proper with this court.
COUNT I-NEGLIGENCE
8. Plaintiff restates the allegations contained in paragraphs 1 through 7 as if fully set
forth herein.
9. Defendants owed Plaintiff a duty to use reasonable diligence in the care and
protection of the Subject Property.
10. Defendant breached said duty of care by leaving a pan on a heated stove
unattended.
11. As a direct and proximate result of Defendants' negligence herein stated, Plaintiff
sustained damages in the amount of approximately $30,000.
WHEREFORE, Plaintiff prays this Court to enter judgment in its favor against Defendants
in an amount in excess of $30,000, together with interest, costs, attorneys' fees herein expended, and
any further relief this Court deems just and proper under the circumstances.
COUNT II
(BREACH OF LEASE v. Defendants)
12. Plaintiff realleges and incorporates paragraphs 1 through 11 by reference.
13. Pursuant to the terms of the Lease, Defendants were required to keep the Subject
Property in good repair and surrender the premises in as good a state as at the beginning ofthe lease.
14. Plaintiff fulfilled all terms and conditions of said Lease.
15. Defendants breached said in that Defendants failed to ensure that the Subject Property were maintained in good repair.
16. As a direct and proximate result of Defendants' breach of lease, Plaintiff was damaged in excess of $30,000.
WHEREFORE, Plaintiff prays this Court to enter judgment in its favor against Defendants
in an amount in excess of $30,000, together interest, costs, attorneys' fees herein expended, and for
any further relief this Court deems just and proper under the circumstances.
Respectfully submitted,
Robert W. Cockerham #31984 Attorney for Plaintiff BROWN & JAMES, P.e. 1010 Market Street, 20th Floor St. Louis, Missouri 63101 (314) 421-3400 (314) 421-3128 (Fax) rcockerham@bipc.com #8186327