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NewsJanuary 8, 2005

The parents of a girl who was killed in a 2001 car accident have filed a wrongful death suit against their older daughter, who was driving the car involved in the wreck. Bobby D. and Lula M. McDonald of Cape Girardeau filed a civil petition for wrongful death in Cape Girardeau County Circuit Court against daughter April McDonald, Shelter Insurance Co. of Jefferson City and Patricia Montgomery of Cape Girardeau...

The parents of a girl who was killed in a 2001 car accident have filed a wrongful death suit against their older daughter, who was driving the car involved in the wreck.

Bobby D. and Lula M. McDonald of Cape Girardeau filed a civil petition for wrongful death in Cape Girardeau County Circuit Court against daughter April McDonald, Shelter Insurance Co. of Jefferson City and Patricia Montgomery of Cape Girardeau.

Reports on the Nov. 20, 2001, accident say April McDonald, then 16, vaulted off a curve on County Road 206 and struck a tree. She and two passengers were injured. Brittany McDonald, her 11-year-old sister, was killed.

The McDonald parents have asked for a jury trial.

The parents' attorney said that the petition was filed to expedite the wrongful death claim the McDonalds made with their insurance provider, Shelter Insurance Co.

"The only way they can collect is by suing," said James M. Martin of Martin, Malec & Leopold PC of St. Louis. "Because of the difficulty with pursuing claims under an insurance policy, sometimes you have no other course."

The petition for a wrongful death judgment, Martin said, is a hoop the McDonalds have to go through in order to collect a settlement from the insurance company and damages from Montgomery.

"Sometimes the hoops you jump through have razor edges on them," he said.

The McDonalds, who declined comment, are asking for "sums such as are fair and reasonable but in excess of $25,000, for their costs expended herein and for such other and further relief as to the court seems meet and just," according to the petition.

The petition claims that the Shelter Insurance policy provided "uninsured motorist" coverage of up to $250,000 for each person who sustained injuries and damage from the negligent action of an uninsured motorist.

The petition also states that Montgomery's vehicle forced April McDonald's car off the road, and for the purposes of making an insurance claim, the driver is believed to be unknown and not insured.

Montgomery was driving on the wrong side of the road, the petition claims, which caused McDonald to have the accident.

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Montgomery's attorney, Lawrence Smith of Brinker and Doyen LLP in St. Louis, declined to speak about the case. Smith said he is still attempting to gather information about the original accident and has had to subpoena the case file from the prosecuting attorney's office.

In his written response to Martin's petition, Smith claimed that Montgomery admits she was traveling on County Road 206 at the time, but denies every other allegation and calls upon the plaintiffs for proof. He also states that if the McDonalds are entitled to any damages, the damages should be reduced in proportion to all of the parties' fault.

Whatever the family is awarded, Martin said, will be used to establish a foundation in Brittany's memory to educate young drivers.

"The parents are still devastated," Martin said. "They talked among the family and decided to do this. It can't bring Brittany back. All you can do is go to court. People don't like to hear this, but when you go to court it's always about money."

The parents' civil suit is not the first legal action involving the fatal accident.

On Dec. 8, 2001, Cape Girardeau County Prosecuting Attorney Morley Swingle filed a misdemeanor charge against April McDonald for careless and imprudent driving based on evidence that showed that she was driving 56 mph in a 35 mph zone.

Missouri State Highway Patrol Cpl. Perry Hazelwood, who investigated the accident, said at the time that if the younger girl had not been killed, he would have issued a ticket at the time of the accident. He said he didn't issue a ticket because April McDonald had just lost her sister.

April McDonald eventually pleaded guilty to a reduced charge of misdemeanor speeding and was placed on supervised probation on the condition she attend a traffic program and perform 40 hours of community service.

Because Judge William Syler of Cape Girardeau has recused himself from the civil lawsuit, the Missouri Supreme Court appointed Judge Kelly W. Parker of Iron County to hear it.

A court date has not been set.

lredeffer@semissourian.com

335-6611, extension 160

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