An Orrick, Missouri teenager, responsible for the vehicular assault of a wheel chair bound man, is seeking the dismissal of his lawsuit. Cody Kolosick, 17, is awaiting trial for driving into Todd Dickens, while he was crossing the street in a wheelchair after one of his kid's baseball game. The accident took place in June after which Dickens filed a lawsuit against Kolosick. However, in September, Dickens passed away. Kolosick's attorneys have argued that as per Missouri laws, an 'estate' cannot bring suit. The law further states that only a child or spouse can bring a suit.
Tricia Wartenbee who is listed as next of kin to one of Dickens' children is not legally married to him but has been living with him for several years.
The lawsuit seeks $25,000 in actual damages in addition to punitive damages. Kolosick's attorneys argue that awarding punitive damages against their client would violate his fifth and fourteenth amendments and Missouri constitutional amendments.
At the moment Kolosick's trial has been stalled as prosecutors may change his charges from vehicular assault to vehicular manslaughter. The next court appearance is scheduled for December 23 by which time doctors tending to Dickens will submit a report about whether Dickens passed because of the injuries he sustained in the alleged accident.
Tricia Wartenbee who is listed as next of kin to one of Dickens' children is not legally married to him but has been living with him for several years.
The lawsuit seeks $25,000 in actual damages in addition to punitive damages. Kolosick's attorneys argue that awarding punitive damages against their client would violate his fifth and fourteenth amendments and Missouri constitutional amendments.
At the moment Kolosick's trial has been stalled as prosecutors may change his charges from vehicular assault to vehicular manslaughter. The next court appearance is scheduled for December 23 by which time doctors tending to Dickens will submit a report about whether Dickens passed because of the injuries he sustained in the alleged accident.
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