(Farm Bureaus Petition)
IN THE CIRCUIT COURT OF THE COUNTY OF BOONE ASSOCIATE CIRCUIT DIVISION
STATE OF MISSOURI
FARM BUREAU TOWN & COUNTRY INSURANCE COMPANY OF MISSOURI,
as Subrogee of VIRGIL KOCH, an Individual,
Plaintiff,
vs
CRYSTAL D.WESTLAKE,an individual, a/ka, CRYSTAL D. ROBERTS,
Serve At:
64 South Gaw Street Rocheport, Missouri 65279-9777
Defendant.
Case No. 03CV167912
COMES NOW Plaintiff, and for it's cause of action against Defendant, states as follows:
1. Plaintiff is and was at all times hereinafter mentioned a corporation duly organized under law.
2. Subrogor Virgil. Koch isan• individual and resident of the State of Missouri.
3. Defendantis•and was at all times hereinafter mentioned an individual•and aresident of the County. of Boone,• State of Missouri.
4. On or about October 3, 2001, . Subrogor was the• owner of a vehicle traveling westbound on Business Loop in the County of Boone, State .of MissourL
5. At all times hereinafter mennentioned, Business Loop was an open and public thoroughfare•within the County of Boone, State of Missouri.
5. While Subrogor was operating his motor vehicle. as aforesaid, Defendant was pulling out of a business on a north side to make a left turn to go east unaware of Subrogors vehicle. thereby causing Subrogor to suffer damages which were indirect result of the negligence of Defendant as hereafter alleged.
6. Said collision occurred as a direct result of the negligence of Defendant in one or more. of the following respects:
(a) Defendant failed to exercise the highest degree of care, in that he/she made a
left-hand tum across oncoming traffic when it was not reasonably safe to do so;
(b) Defendant failed to exercise the highest degree of care, in that he/she failed to
yield to oncoming vehicles prior to entering the intersection;
(c) Defendant failed to the highest degree of care, in that he/she operated his
motor vehicle at a rate of speed which was high, rapid and excessive under the circumstances
then and there existing;
(d) Defendant failed to exercise the highest degree of care, in that he/she failed to
have and keep the vehicle he/she was driving under such control as to enable him/her to
readily stop, swerve or otherwise avoid striking Plaintiffs vehicle at the first appearance of danger.
7. As a direct and proximate result of one or more of the aforesaid acts and/or omissions of negligence of Defendant,. Defendan twas negligent and caused Subrogor to incur expenses for property damage. loss of use and related costs in the amount of $2,868.66 .
8. Plaintiff, as Subrogor's insurance company, was forced to pay $2,868.66 for damages suffered by Subrogor because of Defendant's negligence.
WHEREFORE, Plaintiff prays for judgment against Defendant in the sum of $. together
with interest as provided by law, for all costs herein expended, and for such other and further
relief as this Court deems just and proper.
THE VOGLER LAW FIRM P.C.
VINCENT D VOGLER (M.B.E.#25030)
MICHAEL A. KASPEREK (M.B.E.#32036) Attorneys• for Plaintiff
11330 Olive Blvd., Suite 200 P.O. Box 419037
St. Louis, MO 63141-9037 (314) 567-7970