Kelly v. Ellis

CROW, Judge.

This litigation arose from a nighttime incident on February 21, 1992, in which two pedestrians, Earl Dean Riggs (“Earl”) and Shona Kelly (“Shona”) were struck by an automobile driven by Dennis Joe Ellis (“Defendant”) on the “outer road” of Interstate Highway 44 in Greene County. Earl was injured, but survived. Shona died.

Two suits were filed against Defendant. Plaintiffs in the first were: (1) Earl; (2) Earl’s father, William Riggs (“William”); and (3) Earl’s mother, Michelle Riggs (“Michelle”). By Count I of that petition, Earl, by his next friend, Michelle,1 sought damages for…