PETITION FOR DAMAGES

COUNT I

COMES NOW Plaintiff, Johnny R. Anderson, and for his Cass County, Missouri personal injury cause of action against Defendant, Benjamin Carlson, alleges and states as follows:

1. Plaintiff Johnny R. Anderson is a resident of and represented by personal injury attorneys in Harrisonville, Cass County, Missouri; Defendant Benjamin Carlson is a resident of and represented by criminal defense attorneys in Belton, Cass County, Missouri; the  Cass County, Missouri auto accident giving rise to this cause of action occurred in Cedar County, Missouri.
2. That at all times herein mentioned Missouri Highway 54 is a public street and thoroughfare in the State of Missouri, and in Cass County, Missouri, where the automobile accident occurred.
3. That on or about July 15, 2003, Plaintiff was operating his 1994 Ford Tempo traveling in a westerly direction on Missouri Highway 54. That Defendant Benjamin Carlson was operating his 1995 Buick automobile in an easterly direction; that Defendant Carlson operated his vehicle in a way that caused a Cass County, Missouri car accident with the vehicle being driven by Plaintiff Johnny R. Anderson.
4. Defendant Benjamin Carlson drove his vehicle in a careless and reckless manner by allowing it to cross the centerline and coming into collision with Plaintiff’s lawfully operated motor vehicle.
5. Defendant Benjamin Carlson needed a Cass County Missouri criminal defense attorney because he failed to exercise the highest degree of care in the operation of his motor vehicle and was negligent in the following particulars.
6. Defendant got a Harrisonville Missouri traffic ticket because he operated his motor vehicle at an excessive rate of speed.
7. Defendant operated his motor vehicle without keeping a good and proper lookout for other cars on the roadway, including Plaintiff thereby receiving a Belton Municipal Court traffic ticket.
8. Defendant failed to sound a signal of warning and was cited for a Lees Summit Municipal Court traffic ticket.
9. Defendant failed to swerve or slacken his speed and thereby avoid coming into collision with the vehicle being driven by Plaintiff and needed a Lees Summit criminal defense attorney.
10. Defendant operated his vehicle in a manner that allowed it to cross the centerline into the lane reserved for traffic going in the direction of Plaintiff Johnny R. Anderson and thereby causing the Raymore personal injury auto accident.
11. Defendant failed to operate his motor vehicle as far as practical to the right hand side of the roadway thereby deserving a Belton Municipal Court traffic ticket.
12. That the above and foregoing acts of negligence of Defendant were the proximate cause of the Cass County personal injury car accident between Defendant’s motor vehicle and Plaintiff’s motor vehicle and was the proximate cause of damages and personal injuries suffered by Plaintiff Johnny R. Anderson.
13. Plaintiff has sustained Lees Summit personal injuries in the following respects: Plaintiff has incurred large expenses for hospitalization, doctors, medicine, and other medical care and plaintiff will in the future during his lifetime continue to receive such treatment for his condition; Plaintiff has received personal injuries that have caused him to miss time from work and has lost wages and earnings because of said conditions, and will in the future continue to lose earnings and wages because of his personal injuries. Plaintiff has suffered Cass County, Missouri personal injuries to his spinal column, body, and head, and in particular, bruises, contusions, sprains, strains, abrasions, tears and injuries to the muscles, bones, ligaments, tendons and tissues connected thereto. Plaintiff has suffered pain, spasms, discomfort, insomnia and mental anguish, and will in the future continue all of the aforementioned conditions. Plaintiff has balance problems due to vertigo and tendinitis, and that said conditions continue and will continue into the future. Plaintiff has sustained property damage to his motor vehicle.
14. That on September 8, 2004, pursuant to RSMo. 408.040 demand for settlement was made on Defendant’s insurance company by registered mail, a copy of which is attached hereto, marked Exhibit A, and incorporated by reference. That said demand was rejected by Defendant.

WHEREFORE, Plaintiff prays for judgment in his favor in an amount as determined by judge and jury, and for prejudgment interest at the rate of nine percent per annum from November 8, 2004, and thereafter and for his costs herein incurred.