[Download] "State Missouri Ex Rel. Missouri Highway" by Southern District, Division Two Missouri Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: State Missouri Ex Rel. Missouri Highway
- Author : Southern District, Division Two Missouri Court of Appeals
- Release Date : January 30, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
This original proceeding in prohibition arises from a suit in which the parents of a young man fatally injured in a motor vehicle collision on a Missouri highway seek damages for his death. Defendant in that suit (the underlying case) are Forrest Nolen Lewis, driver of a tractor-trailer unit that collided with the vehicle occupied by the decedent, and National Oil & Supply Company, Inc., alleged employer of Lewis and owner of the unit he was driving. Lewis and National Oil, as third-party plaintiffs, filed a third-party petition in the underlying case naming as third-party defendants the contractor who built the segment of highway where the collision occurred and the Missouri Highway and Transportation Commission (the Commission). The third-party petition alleged that if the tractor-trailer unit was on the wrong side of the highway at the time of impact (as charged by the parents of the decedent), it was because an accumulation of water on the highway caused Lewis to lose control of the tractor-trailer unit and caused it to jackknife into the path of the decedent's vehicle. The accumulation of water, according to the third-party petition, resulted from the Commission's negligence in the design, construction, inspection and maintenance of the highway at the collision site. The third-party petition also attributed the presence of the water to negligence on the part of the contractor, but no issues regarding the contractor are involved in this prohibition proceeding.