(Farm Bureaus Petition) FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI , Plaintiff represented by COCKERHAM , ROBERT WILLIAM , Attorney for Plaintiff
1010 Market Street 20th Floor ST.LOUIS, MO 63101 Business: (314) 421-3400
vs EVANS , TOM , Defendant
Judge Assigned: THORNHILL, MATTHEW E P Date Filed: 09/12/2007
Location: St Charles Circuit Div Case Type: AC Property Damage
Disposition: Not Disposed
Filing Party: COCKERHAM, ROBERT WILLIAM
IN THE CIRCUIT COURT THE COUNTY OF SAINT CHARLES, STATE OF MISSOURI
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURl,
Plaintiff,
v.
TOM EVANS,
Serve: 755 West Highway D Wentzville, MO 63385
Defendant.
Cause No:0711-CV07188
PETITION
COMES NOW Farm Bureau Town & Country Insurance Company of Missouri
("Plaintiff') as Subrogee for Joshua Stone, by and through its attorneys, Brown & James,
and for its cause of action against Defendant Tom Evans ("Defendant"), states the following:
1. Plaintiff is a Missouri corporation in good standing with its principal place of
business in Cole County Missouri.
2. Defendant is a resident of the State of Missouri.
3. Defendant was, at all relevant times, the owner of a horse.
4. On or about February 4, 2004, and due to the inattention of Defendant,
Defendant's horse strayed onto Route D in St. Charles County.
5. Joseph Stone was operating a motor vehicle on Route D at or near Route F, both
open and public highways, in St. Charles County, when Defendant's horse collided with and
damaged Joseph Stone's motor vehicle.
6. As a result of Defendant's negligence, Joseph Stone sustained property damages
in the amount of eight-thousand, two-hundred dollars ($8,200.00).
7. Plaintiffwas, at all relevant times, insurer of Joseph Stone's motor vehicle.
8. Plaintiff paid Joseph Stone for said property damages, pursuant to Joseph Stone's
insurance policy.
COUNT I - NEGLIGENCE
COMES NOW Plaintiff, and for Count I of its Petition against Defendant, states:
9. Plaintiff incorporates paragraphs 1 through 8 as if fully set forth herein.
10. Defendant had a duty to ensure that his horse was secured on his property and did
not stray onto public roadways.
11. Defendant breached this duty and was negligent in one or more of the following
respects:
A. Allowing his horse to stray from his property and onto Route D in St. Charles County;
B. Failing to properly secure said horse;
C. Failing to warn of the dangerous conditions created by said horse.
12. As a direct and proximate result of Defendant's carelessness and negligence,
Joseph Stone sustained property damages in the amount of eight-thousand, two-hundred dollars ($8,200.00).
13. Plaintiff paid Joseph Stone for said property damages, pursuant to Joseph Stone's
insurance policy.
WHEREFORE, Plaintiff prays this Court grant judgment in its favor and against
Defendant in the amount of eight-thousand, two-hundred dollars ($8,200.00) and for its costs, interests, and for any other further relief this Court deems just and proper.
COUNT II - NEGLIGENCE PER SE
COMES NOW Plaintiff, and for Count II of its Petition against Defendant, state:
14. Plaintiff incorporates paragraphs 1 through 13 as if fully set forth herein.
15. On or about February 4,2004 Defendant's horse was running at large outside the
enclosure of Defendant and onto Route Din St. Charles County.
16. By allowing his horse to run at large outside his enclosure, Defendant was in
violation of §270.010 R.S.Mo.
17. Defendant was per se negligent by violating §270.010 R.S.Mo.
18. As a direct and proximate result of Defendant's carelessness and per se
negligence, Joseph Stone sustained property damages in the amount of eight-thousand, two
hundred dollars ($8,200.00).
19. Plaintiff paid Joseph Stone for said property damages, pursuant to Joseph Stone's
insurance policy.
WHEREFORE, Plaintiff prays this Court grant judgment in its favor and against
Defendant in the amount of eight-thousand, two-hundred dollars ($8,200.00), and for its costs, interests, and for any other further relief this Court deems just and proper.
Robert W. Cockerham, #31984 BROWN & JAMES, P.C. Attorney for Plaintiff
1010 Market Street, 20th Floor St. Louis, Missouri 63101 (314) 421-3400
(314) 421-3128 FAX rcockerham@bjpc.com
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