Sunday, April 12, 2009

Parents File Lawsuit Against Driver in ATV Incident Despite Police Report

A Pettis County, Missouri family has sued the truck driver who accidentally hit their 10-year-old daughter when she ran the ATV she was riding in front of his truck, despite the fact that the police have already said he had no chance to avoid the child.

Last July, Jordan Keith, 10, was riding the ATV in her yard. However, she swerved into the road and drove in front of a pickup truck driven by Richard Robertson, 61, of Sedalia. She suffered massive internal injuries and later died.

Robertson was not charged. Pettis County Sheriff Kevin Bond said charges were not filed because the investigation determined that Jordan Keith:
"ran out into the road in front of the vehicle, and he just couldn't stop in time. It appeared that there wasn't anything reckless on the part of the driver of the vehicle. It was a really bad situation and a tragic death."
Despite this, Michael and Lesli Keith, Jordan's parents, have sued. The lawsuit filed in Pettis County Circuit Court alleges that Robertson failed to "stop, swerve, slow or sound a warning" as he approached Jordan Keith, and that he "failed to keep a careful lookout and drove at an excessive speed leading up to the accident."

Last time I read my Driver's Handbook I didn't see it note anywhere that I had to honk my horn when approaching someone in their yard (when I am in the street). In fact, sounding your horn in a non-emergency situation is in fact a violation, in my state (which of course, could be different than Missouri).

And since the police department already said Robertson was not at fault, I don't see much merit in this case. Then again, this is America, possibly the most litigious country in the world.

35 comments:

Anonymous said...

This is the difference between civil and criminal court. People judged innocent in all kinds of cases are sued in civil court for causing a loss, the 'victims', here, dimwit parents, getting a financial reward.

kenkire said...

And where were the parents when their 10 y/o child was driving an ATV?
Not being Apparent. Apparently.

Valonia said...

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leather hamsa bracelet said...

I just want to say its very sad that she suffered massive internal injuries and later died.

recycle cell phone said...

Well in my opinion that truck driver deserves a strict punishment.

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I feel bad on his sudden death,I appreciate his parents for fight and I hope government will give hard punishment to driver...

2010 Mitsubishi Eclipse convertible parts said...

The lawsuit filed in Pettis County Circuit Court alleges that Robertson failed to "stop..Thanks for sharing with us..

Angela StuartMills said...

Well The People judged innocent in all kinds of cases are sued in civil court for causing a loss..Thanks

Rome Vacation Packages said...

Situation of boy was very bad and its tragic death,Government have to cancel driver's driving license and give him hard imprisonment...

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The People judged innocent in all kinds of cases are sued in civil court for causing a loss..thanks

credit repair said...

Sounding your horn in a non-emergency situation is in fact a violation.

Scott Morrison said...

Not to worry. If the parents don't score big in this civil suit they have three more ATVs and three more children in reserve.

Organic Baby Products said...

I think she swerved into the road and drove in front of a pickup truck driven by Richard Robertson of Sedalia.

Danny DeMichele Photos said...

People judged innocent in all kinds of cases are sued in civil court for causing a loss, the 'victims', here dimwit parents, getting a financial reward.

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I dont know what to say except that I have enjoyed reading. Nice blog. I will keep visiting this blog very often. Thanks for sharing.

Data services said...

Richard,the driver is not at fault.Parents lost their child!!their action is obvious.Good to know that he was not charged because i think girl would have been suddenly came infront of truck and driver would be failed to stop.Its not intentional one.But if such an act comes intentionally then One deserves a strict behaviour and punishment.Well enjoyed reading this.thanks....

Naples Tour said...

I agree with parents and I hope police takes strictly action against driver...

WebVisible said...

If the parents don't score big in this civil suit they have three more ATVs and three more children in reserve.

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I think the parents have done right by filing lawsuit against driver.

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It is really a sad news, that driver must give horn while driving and he should have control on his driving, that innocent girl had to suffer a lot and died later because of that driver.

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Its very difficult for parents to face this incident and I agree with parents for lawsuit against driver...

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According to me it was not intentional.Good to know that robertson was not charged,as i think that girl's attention would be lost and so suddenly she came infront of his truck....but so sad that the parents lost her lovely child...

Home Foreclosure Search said...

Truck driver accidentally hit their 10-year-old daughter...as he got no chance to stop his truck..The parents sued him despite the fact that it was not intentional one..but its really sad to know that She suffered massive internal injuries and she died.

Home Protect Home Warranty said...

No one is at fault...driver didn't had any intention of doing this...and as parents lost their sweet child their action is justified...if thought emotionally...

Gaston Cantens said...

Good to know that he was not charged because i think girl would have been suddenly came infront of truck and driver would be failed to stop.

Gaston Cantens said...

she swerved into the road and drove in front of a pickup truck driven by Richard Robertson, 61, of Sedalia. this is America, possibly the most litigious country in the world.

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I think The Patriot Act opened the door for more than just govt. spying. I used to love cookies...

Danny DeMichele Photos said...

Well It was an coincident..I agree with parents also...It can be happen..

Pepe Fanjul said...

Yes I think, The police department already said Robertson was not at fault, I don't see much merit in this case.

Christmas Island fishing said...

Good to know that he was not charged because i think girl would have been suddenly came in front of truck and driver would be failed to stop.

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I agree with recycle cell phones that truck driver deserves a strict punishment without any delay...

elastic bracelets said...

Its not intentional one.But if such an act comes intentionally then One deserves a strict behaviour and punishment.Well enjoyed reading this.thanks....

PetCareRx said...

I think girl would have been suddenly came infront of truck and driver would be failed to stop.Its not intentional one...WELL ITS QUITE AN INTERESTING POST!

Fly fishing said...

None can repay back the child .May god keep her soul in peace .

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