Electronically Filed - JACKSON - KANSAS CITY - October 06, 2023 - 01:36 PM

2316-CV26817

IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI

AT KANSAS CITY

CAITLYN L. SPRINGER )
8224 West 96th Terrace )
Overland Park, Kansas 66212, )
)
Plaintiff, )
)
vs. ) Case No.
)
CITY OF KANSAS CITY, )
MISSOURI )
SERVE: )
The Mayor’s Office )
414 East 12th Street )
29th Floor City Hall )
Kansas City, Missouri 64106, )
)
Defendant. )

PETITION FOR DAMAGES

COMES NOW Plaintiff, by and through counsel, and for her Petition for

Damages states and alleges as follows:

1. Plaintiff is and was, at all times herein relevant, a resident of the State of

Kansas.

2. Defendant City of Kansas City, Missouri (“City”) is and was, at all times

herein relevant, a municipality and a political subdivision of the State of Missouri.

Service may be had upon Defendant City as indicated above.

3. This court has jurisdiction of this action because all of the negligent acts

and/or omissions complained of herein occurred in Kansas City, Jackson County,

Missouri. Venue is proper in the western portion of Jackson County, Missouri pursuant

to Section 478.461, RSMO, because the negligent acts and/or omissions of Defendant

City occurred in the western portion of Jackson County.

 Electronically Filed - JACKSON - KANSAS CITY - October 06, 2023 - 01:36 PM
4. Because the injuries and damages complained of arose out of a defect in

the condition of a street or thoroughfare in Defendant City, Plaintiff gave written notice

to the Mayor of Defendant City, Quinton Lucas, within ninety (90) days of the

occurrence described herein, stating the place and time of said injuries, the character

and circumstances of the injuries Plaintiff received, and that Plaintiff would claim

damages from the City for said injuries, all as required by Section 82.210, RSMO.

5. Sovereign immunity is waived pursuant to Section 537.600, RSMO,

because Plaintiff’s injuries and damages directly resulted from the dangerous condition

of Defendant City’s property as described herein.

6. On or about June 11, 2022 at approximately 9:50 P.M., Plaintiff was

driving her 2015 Honda motorcycle southbound on Van Brunt Boulevard in the left lane

of traffic just south of 28th Street in Kansas City, Jackson County, Missouri. Van Brunt

Boulevard at that point is a four-lane public street owned and controlled by Defendant

City. On that date and at that time, the road condition was clear and the street was dry.

7. At that time, Plaintiff’s motorcycle struck two large potholes in the

roadway, one of which was approximately 13 inches wide and more than 3 inches

deep, causing her to lose control of her motorcycle and causing her body to strike the

roadway, causing the injuries and damages described herein.

8. At said time and place, Defendant City had exclusive possession and

control of Van Brunt Boulevard.

9. The pothole on Van Brunt Boulevard, as described herein, constituted a

dangerous condition of Defendant City’s property.

10. The Plaintiff’s injuries, described herein, directly resulted from the above-
 Electronically Filed - JACKSON - KANSAS CITY - October 06, 2023 - 01:36 PM
described dangerous condition.

11. The above-described dangerous condition created a reasonably

foreseeable risk of harm of the type of injuries which Plaintiff suffered.

12. Defendant City had actual or constructive notice of said dangerous

condition with sufficient time prior to the Plaintiff’s injuries to have taken measures to

protect against said dangerous condition.

13. Defendant City was negligent in that it failed to use reasonable care to

repair said pothole and/or to warn members of the public, like Plaintiff, of said

dangerous condition so that Plaintiff could have avoided it.

14. Defendant City was negligent in that it knew or should have known of

the dangerous condition. Van Brunt is a heavily trafficked roadway, including

vehicles owned by Defendant City, and a careful inspection should have revealed

the dangerous condition.

15. At the very least, Defendant could have marked the area around the

pothole in question to warn the general public and was negligent by not doing so.

16. Defendant City owed a duty to Plaintiff and to the general public to

maintain its roadways free from defects and hazards that could cause harm to

others.

17. Defendant City owed a duty to Plaintiff and to the general public to

frequently inspect its roadways for any dangerous conditions that could cause harm

to other.

17. As a direct and proximate result of Defendant City’s negligence, Plaintiff

suffered the following injuries requiring medical treatment, including but not limited to:
 Electronically Filed - JACKSON - KANSAS CITY - October 06, 2023 - 01:36 PM
a. acute comminuted fracture of her right distal radius; acute comminuted

and displaced fracture of her left radial head; fracture of the coronoid process of her left

ulna; bruises and contusions throughout her body, all of which required hospitalization

and medical treatment.

b. Plaintiff has incurred in the past medical expenses and will incur medical

expenses in the future, the exact amount of which is unknown at this time.

c. Plaintiff has suffered pain, mental anguish, inconvenience, physical

impairment, disfigurement and scarring, and loss of capacity to enjoy life, all as a direct

result of the aforementioned injuries.

d. The injuries to Plaintiff are permanent and progressive, all to the damage

of Plaintiff in an amount in excess of $25,000.00.

WHEREFORE, Plaintiff prays for judgment against Defendant in an amount, in

excess of $25,000.00, which is fair and reasonable to compensate her for her injuries

and damages incurred herein; for her costs incurred herein; and for such other and

further relief as the Court deems just and proper in the premises.

Request For Jury Trial

Plaintiff hereby requests a jury trial on all issues herein triable to a jury.

Respectfully submitted,

/s/Edward Alan Williams

Edward Alan Williams #35369
4310 Madison, Suite 202
Kansas City, MO 64111
(816) 421-3400 - phone
(816) 421-2420 - fax
ed@edawilliamslaw.com

ATTORNEY FOR PLAINTIFF