(Chad Crystals Petition for damages from Elliott) STATE OF MISSOURI COUNTY OF ST. LOUIS
Jim and Chad Crystal
Cause No.
Plaintiff,
vs.
Jason Elliot
Serve at:
491 S E 100 Rd. Clinton, MO 64735
Defendant.
CIRCUIT COURT OF THE COUNTY OF ST. LOUIS ASSOCIATE CIRCUIT DIVISION STATE OF MISSOURI
PETITION - PROPERTY DAMAGE
COMES) now Plaintiff(s), by and through their attorney, and for
their cause of action, states that:
1. Plaintiff(s) is/was the owner(s) of a vehicle described as a
John Deere 3255 Tractor.
2. Defendant is not a member of the Armed Forces of the United
States. That on or about the 28th day of December, 2002, Plaintiff(s)
automobile was on Route B, being open and public streets in the State of Missouri.
That at said time and place, Defendant carelessly and negligently caused a motor vehicle which he was then operating to strike
and collide with Plaintiff(s) motor vehicle, causing the motor vehicle of Plainiff( s ) to be damaged and depreciated,
thereby causing Plaintiff(s) to be damaged in the sum of $19,6.98.64.
WHEREFORE, Plaintiff(s) pray(s) for judgment against the Defendant
in the amount of $19,698.64 together with court costs and any further
relief this Court deems -just and proper.
MARK G. MCMAHON #30020 Attorney for Plaintiff 7912 Bonhomme, Suite #101 Clayton, MO 63105
(314) 863-5200 Fax (314) 863-1723
Subscribed and sworn before me this 6th day of February, 2007.
(Farm Bureaus Petition to recover damages from Jason Elliott) IN THE CIRCUIT COURT OF PETTIS COUNTY MISSOURI DIVISION SIX
JIM CRYSTAL and CHAD CRYSTAL,
Plaintiffs,
vs.
JASON ELLIOTT,
Defendant,
FARM BUREAU TOWN & COUNTRY INSURANCE OF MISSOURI,
Intervenor.
No. 07G2-AC00658
PETITION FOR DAMAGES
Now comes Farm Bureau Town & Country Insurance of Missouri, intervenor herein, ancl for its subrogation claim against the defendant, respectfully states the the Court as follows:
1. At all times pertinent to intervenor's cause of action stated herein, Farm Bureau Town & Country Insurance of Missouri, was a corporation duly organized and existing by virtue of the laws of the State of Missouri, and engaged in the business of insuring property owners against loss or damage.
2. On December 28, 2002, plaintift~ Chad Ml. Crystal, and defendant, Jason L. Elliott, were involved in a collision between the 1993 Mercury Grand Marquis being operated by defendant, and the John Deere 3255 tractor being operated by plaintitTChad M. Crystal, which collision took place on Route B in Pettis County, l\llissouri.
3. This collision was the result of the defendant's negligence in operating his 1993 Mercury automobile in such a careless and imprudent manner so as to cause it tlO strike and collide with the John Deere 3255 tractor being operated by plaintiff ChadM. Crystal.
4. At the time of the collision mentioned above, the John Deere 3255 tractor was owned by Jim and Juanita Crystal, and was insured by Farm Bureau Town & Country Insurance of Missouri, intervenor herein. The insurance policy number is PRO 0003394 as.
5. On the 221111 day of December, 2002, and while said policy was in full force and effect, Chad M. Crystal and defendant were involved in the collision mentioned above, wherein the insured vehicle, to wit: the John Deere 3255 tractor, was substantially damaged in the amount of $ I9,698.64.
6. The collision which damaged said property was communicated to intervenor herein; and that, by reason of said coil ision and by virtue of terms of said policy of insurance, said Farm Bureau Town & Country Insurance of Missouri became liable to pay to its insureds, Jim and Juanita Crystal, the sum of $19,698.64, which sum said Farm Bureau Town & Country Insurance of Missouri has long since paid.
7. Upon payment of said sum, the said Farm Bureau Town & Country Insurance of Missouri became and is subrogated to all of the rights of the said Jim and Juanita Crystal against said defendant for the recovery of said sum of money heretofore paid to Jim and Juanita Crystal for the damage to said John Deere 3255 tractor caused by the defendant herein.
8. By reason of all of the foregoing, intervenor has sustained damages in the sum of $19,698.64.
WHEREFORE, Farm Bureau Town & Country Insurance of Missouri, intervenor, prays the Order of this Court awarding, judgment against defendant and in
favor of intervenor in the SUPl and amount of $19,698.64, in addition to its costs and expenses, including a reasonable attorney's fee, incurred in the prosecution of this action, and for such further and additional relief as the Court lllay deem appropriate.
Respectfully submitted,
Andlew C. Webb #21472
117 South Ohio Avenue Sedalia, Missouri 6530 acwesq@Jsbcglobal.net 660/827- 3060
Attorney for Intervenor.
I hereby certify that a copy of the foregoing PETITION FOR DAMAGES was mailed, first class post. age prepaid, this lst day of October, 2007, to the offices of:
Donald W. Petty
14 South Main Street Liberty, Missouri 64068
Andrew C. Webb
(Jason Elliotts answer to Farm Bureaus Petition) IN THE CIRCUIT COURT OF PETTIS COUNTY, SEDALIA, MISSOURI
JIM CRYSTAL. et al
Plaintiff,
vs.
JASON ELLIOTT,
Defendant,
FARM BUREAU TOWN & COUNTRY INSURANCE OF MISSOURI,
Intervenor
Case No. 07G2-AC00658
ANSWER TO PETITION FOR DAMAGES
COMES NOW the Defendant and for his answer to the Counterclaim for
Subrogation states as follows:
1. The Defendant is without knowledge with which to admit or deny Paragraph
1 of the Petition for Damages and therefor denies Paragraph 1 of the Petition for Damages.
2. The Defendant admits Paragraph 2 of the Petition for Damages.
3. The Defendant denies Paragraph 3 of the Petition for Damages.
4. The Defendant is without knowledge with which to admit or deny Paragraph
4 of the Petition for Damages and therefor denies Paragraph 4 of the Petition for
Damages.
5. The Defendant is without knowledge with which to admit or deny Paragraph
5 of the Petition for Damages and therefor denies Paragraph 5 of the Petition for
Damages.
6. The Defendant is without knowledge with which to admit or deny Paragraph
6 of the Petition for Damages and therefor denies Paragraph 6 of the Petition for
Damages.
7. The Defendant is without knowledge with which to admit or deny Paragraph
7 of the Petition for Damages and therefor denies Paragraph 7 of the Petition for
Damages.
8. The Defendant is without knowledge with which to admit or deny Paragraph
8 of the Petition for Damages and therefor denies Paragraph 8 of the Petition for
Damages.
9. The Petition for Damages fails to state a claim upon which relief may be granted.
WHEREFORE, Defendant prays this Court dismiss the Petition for Damages, at
Intervenor's cost and for such other relief as is just and proper.
DONALD W. PETTY, #26830 14 South Main Street
Liberty, Missouri 64068 Phone (816) 792-4400
Fax (816) 792-1817 ATTORNEY FOR DEFENDANT
Certificate of Service
I certify that a copy of the foregoing was mailed on October 5, 2007 to:
Christopher J. Spangler 3031 South Limit Avenue Sedalia, Missouri 65301 Attorney for Chad Crystal
Andrew C. Webb
410 South Ohio Avenue
Sedalia, Missouri 65301 Attorney for Intervenor
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