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Electronically Filed - BOONE - December 29, 2023 - 09:49 AM
23BA-CV05121
IN THE CIRCUIT COURT OF BOONE COUNTY, MISSOURI
MARK MAUPIN and )
DONNA LOWMAN, )
)
Plaintiffs, )
)
vs. ) Case No.: Pending
)
)
JAKE RODGERS, )
)
)
Defendant. )
PETITION FOR DAMAGES
COMES NOW, Plaintiffs Mark Maupin and Donna Lowman, by and through their
counsel, and for their cause of action states that:
JURISDICTION AND VENUE
1. Plaintiff Mark Maupin resides at 3616 Rock Quarry Rd. #8, Columbia, MO 65201.
2. Plaintiff Donna Lowman resides at 472 Live Oak Walk, Bluffton, SC 29910.
3. Defendant, Jake Rodgers, resides at 6035 E Spiva Crossings, Hallsville, MO 65255;
Defendant may be served at that same address.
4. Jurisdiction is proper in the state of Missouri pursuant to RSMo § 506.500.1(3), in
that Defendant committed a tortious act in the state of Missouri.
5. Venue is proper in the Circuit Court of Boone County, Missouri pursuant to RSMo
§ 508.010.4, in that the Plaintiffs were injured in Boone County, Missouri.
STATEMENT OF FACTS
6. On or about December 15, 2022, Plaintiffs Mark Maupin (driver) and Donna
Lowman (passenger) were driving his 2005 Buick Le Sabre Incd. eastbound on Nifong Boulevard.
Electronically Filed - BOONE - December 29, 2023 - 09:49 AM
7. Plaintiffs had their turn signal activated and had become stationary in an attempt to
allow oncoming traffic to pass before turning left onto Southland Drive.
8. At the same time, the Defendant (driving a 2015 BMW 335I) was also traveling
eastbound on Nifong Boulevard, directly behind Plaintiffs.
9. Defendant rear-ended Plaintiffs’.
10. Upon arrival at the scene, Columbia Police Department issued the Defendant a
ticket (Case #180157353) for Hazardous Driving resulting in an accident.
11. On April 14, 2023, the Defendant pled guilty to this charge and was fined $168.50
and was ordered to complete the Defense Driving Program.
12. As a result of the Defendant’s negligence, the Plaintiffs received severe and painful
injuries.
COUNT I: NEGLIGENCE
13. The said collision was directly and proximately caused by the carelessness and
negligence of Defendant in the following particulars:
a. Defendant negligently failed to exercise the highest degree of care by failing
to operate his vehicle in a careful and prudent manner;
b. Defendant negligently failed to exercise the highest degree of care by failing
to maintain proper distance between his vehicle and the vehicle directly in-front of him;
c. Defendant failed to exercise the highest degree of care by failing to keep a
careful lookout for traffic ahead;
d. Defendant failed to exercise the highest degree of care by following too
closely.
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e. Defendant failed to exercise the highest degree of care by driving too fast
for conditions.
f. Defendant knew, or by use of the highest degree of care, should have
known, there was a reasonable likelihood of collision in time thereafter to have stopped,
slackened his speed, or done some other combination of these acts, but failed to do so.
14. As a direct and proximate result of the aforesaid carelessness and negligence of
Defendant, Plaintiff (Mark Maupin) has suffered severe and permanent injuries to his:
a. Cervical Spine;
b. Lumbar Spine;
c. Arm (Right);
d. Hand (Right);
e. Shoulder (Right);
f. Ankle (Right);
g. Foot (Right); and
h. Head.
15. Additionally, as a direct and proximate result of the aforesaid carelessness and
negligence of Defendant, Plaintiff (Donna Lowman) has suffered severe and permanent injuries to
her:
a. Head;
b. Head (eyes);
c. Neck;
d. Shoulder (Bilateral);
e. Cervical;
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f. Thoracic;
g. Lumbar;
h. Hands; and
i. Body as a Whole.
16. As a direct and proximate result of the aforesaid carelessness and negligence of
Defendant, Plaintiffs have incurred substantial medical bills and costs.
17. In addition to special damages, said injuries have caused Plaintiffs to suffer pain of
mind and body; they have been prevented from performing and enjoying their normal tasks,
chores, and hobbies, and in the future will be deprived of their enjoyment of life.
WHEREFORE, Plaintiffs Mark Maupin and Donna Lowman, by and through counsel,
prays for a judgment against Defendant Jake Rodgers for their damages in such amounts as are
fair and reasonable to compensate Plaintiffs for damages incurred due to Defendant’s negligence
under the circumstances, for their costs herein incurred, and for other such relief as the court deems
just and proper.
COUNT II: NEGLIGENCE PER SE
18. Plaintiffs re-allege, restate, and incorporate by reference each and every allegation
contained in Paragraphs 1 through 17 of this Petition as though fully set forth in this Count II
herein.
19. To prevail on a claim of negligence per se, the following must be established:
a. Plaintiffs are within the class of persons intended to be protected by the
statutes they cite;
b. The injuries suffered by Plaintiffs are of the nature that the statutes they cite
are designed to prevent; and
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Electronically Filed - BOONE - December 29, 2023 - 09:49 AM
c. Defendant violated the cited statutes.
20. A claim for negligence per se is authorized, pursuant to RSMo §§ 304.012 and
304.017.
21. In part, § 304.012 states, “Every person operating a motor vehicle on the roads and
highways of this state shall drive the vehicle in a careful and prudent manner and at a rate of speed
so as not to endanger the property of another or the life or limb of any person and shall exercise
the highest degree of care.” (emphasis added).
22. In part, § 304.017.1 states, “The driver of a vehicle shall not follow another vehicle
more closely than is reasonably safe and prudent . . . .”
23. As driving a vehicle being followed by another, Plaintiffs are in the class of persons
intended to be protected by §§ 304.012 and 304.017.
24. Further, Plaintiffs’ injuries are of the nature that the statutes sought to prevent.
25. Defendant violated these statutes by failing to maintain the proper distance between
his vehicle and the vehicle he was following.
26. As a direct and proximate result of Defendant’s per se negligence, Plaintiffs
suffered severe permanent and physical injuries.
27. As a direct and proximate result of Defendant’s per se negligence, Plaintiffs have
incurred substantial medical bills and costs.
28. In addition to special damages, said injuries have caused Plaintiffs to suffer pain of
mind and body; they have been prevented from performing and enjoying their normal tasks,
chores, and hobbies, and in the future will be deprived of their enjoyment of life.
WHEREFORE, Plaintiffs Mark Maupin and Donna Lowman, by and through counsel,
pray for a judgment against Defendant Jake Rodgers for their damages in such amounts as are fair
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and reasonable to compensate Plaintiffs for damages incurred due to Defendant’s negligence under
the circumstances, for their costs herein incurred, and for other such relief as the court deems just
and proper.
Respectfully Submitted,
By: Jill Harper
RON NETEMEYER, #49409
JILL HARPER, #65892
Harper, Evans, Hilbrenner & Netemeyer
401 Locust St. – Ste. 401
Columbia, MO 65201
Phone: (573) 442-1660
Fax: (573) 874-8961
Email: rnetemeyer@lawmissouri.com
Email: jharper@lawmissouri.com
Attorneys for Plaintiffs
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Electronically Filed - BOONE - December 29, 2023 - 09:49 AM 23BA-CV05121 IN THE CIRCUIT COURT OF BOONE COUNTY, MISSOURI MARK MAUPIN and ) DONNA LOWMAN, ) ) Plaintiffs, ) ) vs. ) Case No.: Pending ) ) JAKE RODGERS, ) ) ) Defendant. ) PETITION FOR DAMAGES COMES NOW, Plaintiffs Mark Maupin and Donna Lowman, by and through their counsel, and for their cause of action states that: JURISDICTION AND VENUE 1. Plaintiff Mark Maupin resides at 3616 Rock Quarry Rd. #8, Columbia, MO 65201. 2. Plaintiff Donna Lowman resides at 472 Live Oak Walk, Bluffton, SC 29910. 3. Defendant, Jake Rodgers, resides at 6035 E Spiva Crossings, Hallsville, MO 65255; Defendant may be served at that same address. 4. Jurisdiction is proper in the state of Missouri pursuant to RSMo § 506.500.1(3), in that Defendant committed a tortious act in the state of Missouri. 5. Venue is proper in the Circuit Court of Boone County, Missouri pursuant to RSMo § 508.010.4, in that the Plaintiffs were injured in Boone County, Missouri. STATEMENT OF FACTS 6. On or about December 15, 2022, Plaintiffs Mark Maupin (driver) and Donna Lowman (passenger) were driving his 2005 Buick Le Sabre Incd. eastbound on Nifong Boulevard. Electronically Filed - BOONE - December 29, 2023 - 09:49 AM 7. Plaintiffs had their turn signal activated and had become stationary in an attempt to allow oncoming traffic to pass before turning left onto Southland Drive. 8. At the same time, the Defendant (driving a 2015 BMW 335I) was also traveling eastbound on Nifong Boulevard, directly behind Plaintiffs. 9. Defendant rear-ended Plaintiffs’. 10. Upon arrival at the scene, Columbia Police Department issued the Defendant a ticket (Case #180157353) for Hazardous Driving resulting in an accident. 11. On April 14, 2023, the Defendant pled guilty to this charge and was fined $168.50 and was ordered to complete the Defense Driving Program. 12. As a result of the Defendant’s negligence, the Plaintiffs received severe and painful injuries. COUNT I: NEGLIGENCE 13. The said collision was directly and proximately caused by the carelessness and negligence of Defendant in the following particulars: a. Defendant negligently failed to exercise the highest degree of care by failing to operate his vehicle in a careful and prudent manner; b. Defendant negligently failed to exercise the highest degree of care by failing to maintain proper distance between his vehicle and the vehicle directly in-front of him; c. Defendant failed to exercise the highest degree of care by failing to keep a careful lookout for traffic ahead; d. Defendant failed to exercise the highest degree of care by following too closely. 2 Electronically Filed - BOONE - December 29, 2023 - 09:49 AM e. Defendant failed to exercise the highest degree of care by driving too fast for conditions. f. Defendant knew, or by use of the highest degree of care, should have known, there was a reasonable likelihood of collision in time thereafter to have stopped, slackened his speed, or done some other combination of these acts, but failed to do so. 14. As a direct and proximate result of the aforesaid carelessness and negligence of Defendant, Plaintiff (Mark Maupin) has suffered severe and permanent injuries to his: a. Cervical Spine; b. Lumbar Spine; c. Arm (Right); d. Hand (Right); e. Shoulder (Right); f. Ankle (Right); g. Foot (Right); and h. Head. 15. Additionally, as a direct and proximate result of the aforesaid carelessness and negligence of Defendant, Plaintiff (Donna Lowman) has suffered severe and permanent injuries to her: a. Head; b. Head (eyes); c. Neck; d. Shoulder (Bilateral); e. Cervical; 3 Electronically Filed - BOONE - December 29, 2023 - 09:49 AM f. Thoracic; g. Lumbar; h. Hands; and i. Body as a Whole. 16. As a direct and proximate result of the aforesaid carelessness and negligence of Defendant, Plaintiffs have incurred substantial medical bills and costs. 17. In addition to special damages, said injuries have caused Plaintiffs to suffer pain of mind and body; they have been prevented from performing and enjoying their normal tasks, chores, and hobbies, and in the future will be deprived of their enjoyment of life. WHEREFORE, Plaintiffs Mark Maupin and Donna Lowman, by and through counsel, prays for a judgment against Defendant Jake Rodgers for their damages in such amounts as are fair and reasonable to compensate Plaintiffs for damages incurred due to Defendant’s negligence under the circumstances, for their costs herein incurred, and for other such relief as the court deems just and proper. COUNT II: NEGLIGENCE PER SE 18. Plaintiffs re-allege, restate, and incorporate by reference each and every allegation contained in Paragraphs 1 through 17 of this Petition as though fully set forth in this Count II herein. 19. To prevail on a claim of negligence per se, the following must be established: a. Plaintiffs are within the class of persons intended to be protected by the statutes they cite; b. The injuries suffered by Plaintiffs are of the nature that the statutes they cite are designed to prevent; and 4 Electronically Filed - BOONE - December 29, 2023 - 09:49 AM c. Defendant violated the cited statutes. 20. A claim for negligence per se is authorized, pursuant to RSMo §§ 304.012 and 304.017. 21. In part, § 304.012 states, “Every person operating a motor vehicle on the roads and highways of this state shall drive the vehicle in a careful and prudent manner and at a rate of speed so as not to endanger the property of another or the life or limb of any person and shall exercise the highest degree of care.” (emphasis added). 22. In part, § 304.017.1 states, “The driver of a vehicle shall not follow another vehicle more closely than is reasonably safe and prudent . . . .” 23. As driving a vehicle being followed by another, Plaintiffs are in the class of persons intended to be protected by §§ 304.012 and 304.017. 24. Further, Plaintiffs’ injuries are of the nature that the statutes sought to prevent. 25. Defendant violated these statutes by failing to maintain the proper distance between his vehicle and the vehicle he was following. 26. As a direct and proximate result of Defendant’s per se negligence, Plaintiffs suffered severe permanent and physical injuries. 27. As a direct and proximate result of Defendant’s per se negligence, Plaintiffs have incurred substantial medical bills and costs. 28. In addition to special damages, said injuries have caused Plaintiffs to suffer pain of mind and body; they have been prevented from performing and enjoying their normal tasks, chores, and hobbies, and in the future will be deprived of their enjoyment of life. WHEREFORE, Plaintiffs Mark Maupin and Donna Lowman, by and through counsel, pray for a judgment against Defendant Jake Rodgers for their damages in such amounts as are fair 5 Electronically Filed - BOONE - December 29, 2023 - 09:49 AM and reasonable to compensate Plaintiffs for damages incurred due to Defendant’s negligence under the circumstances, for their costs herein incurred, and for other such relief as the court deems just and proper. Respectfully Submitted, By: Jill Harper RON NETEMEYER, #49409 JILL HARPER, #65892 Harper, Evans, Hilbrenner & Netemeyer 401 Locust St. – Ste. 401 Columbia, MO 65201 Phone: (573) 442-1660 Fax: (573) 874-8961 Email: rnetemeyer@lawmissouri.com Email: jharper@lawmissouri.com Attorneys for Plaintiffs 6