(Download) "Lucinda Ferguson v. Pony Express Courier" by Western District Court of Appeals of Missouri # eBook PDF Kindle ePub Free
eBook details
- Title: Lucinda Ferguson v. Pony Express Courier
- Author : Western District Court of Appeals of Missouri
- Release Date : January 23, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Lucinda Ferguson and John Ferguson appeal from an order of the Circuit Court of Cass County granting summary judgment to Pony Express Courier Corporation (""Pony Express""). On December 6, 1989, Lucinda Ferguson was a passenger in an automobile driven by Sheryl Ballard. At the same time, Steven Ricketts was making deliveries for Pony Express. As the Ballard vehicle drove northbound on Missouri Highway 131 in Johnson County, Missouri, Ricketts drove his pickup on the same highway in the opposite direction. He crossed the centerline and sideswiped the Ballard vehicle. As a result of that collision, the Ballard vehicle went off the roadway and overturned, seriously injuring Ferguson. Following the accident, Ricketts pled guilty to careless and imprudent driving. On January 29, 1990, Lucinda and John Ferguson filed suit against Ricketts in the Johnson County Circuit Court. On the same day, Sheryl and Ronnie Ballard filed a separate action involving the same accident in the same court. The Ferguson suit was assigned to Judge Carl Gum. The Ballard suit was assigned to Judge J.P. Dandurand. On March 13, 1990, Ricketts filed an answer denying the allegations contained in the petitions and a motion for change of Judge and change of venue in both cases. On March 26, 1990, Judge Gum sustained Ricketts' motion for change of Judge and the case was reassigned and transferred to Judge Dandurand for final adjudication. On October 25, 1990, JudgeDandurand sustained Ricketts' motion for change of venue and both cases were transferred to the Cass County Circuit Court. 1 The final result was that the Ferguson case was transferred from Judge Gum to Judge Dandurand; the Ballard case was transferred from Judge Dandurand to Judge Gum. In other words, the two suits were merely switched as far as which Judge was to preside over them.
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