The parents of a Sullivan man killed in a head-on crash on Route H last fall is suing the teen who was driving the other vehicle and the Honda American Motor Co.
According to court documents filed Thursday, June 13, in the Franklin County Circuit Court, Edward Morgan Kirk and Amy Garner, both of Sullivan, are seeking damages from Honda and Alyssa Sharp, 16, Sullivan, for the death of Mason Kirk, 18, on Sept. 16, 2018.
A Missouri Highway Patrol preliminary report from the crash states Kirk was driving a 2018 Honda Pilot southbound at 6:35 p.m. south of Highway J when the car crossed the centerline and struck a 2011 GMC Terrain driven by Sharp.
Kirk was pronounced dead at Missouri Baptist Hospital, Sullivan.
Both drivers were wearing seat belts, the patrol said.
Sharp was transported to St. Louis Children’s Hospital by air ambulance.
The suit alleges the Honda Pilot Mason Kirk was driving was defective and unreasonably dangerous in several respects, including, but not limited to, the following:
• The front driver seat system was assembled, installed, marketed, distributed, and sold with defectively manufactured seat frame rivets;
• The seat system, including its component parts, failed to function properly in a foreseeable crash, allowing the front seat to separate from the vehicle floor and increasing the risk of injury to the seated occupant;
• The seat system, including its component parts, lacked adequate testing and/or inspection to ensure it was reasonably suitable for its intended purpose and provided adequate occupant protection in foreseeable crash conditions before it was distributed and sold.
As a result of these and other factors, the plaintiffs sustained medical expenses; funeral expenses; the physical, mental, and emotional pain and suffering endured by Mason Kirk between the time of his injury and his death.
Although the lawsuit does not dispute the Highway Patrol preliminary report that Mason Kirk’s vehicle crossed the centerline, it still alleges Sharp did not react quickly enough to avoid the collision.
Court documents state Mason Kirk was traveling northbound on Route H, he drove around a curve in the roadway and collided head-on with Sharp, who was traveling southbound on Route H.
The suit alleges Sharp failed to keep a careful lookout; drove at an excessive speed; failed to stop, swerve, or apply the brakes when there was sufficient time to do so in order to prevent her vehicle from colliding with the Honda driven by Mason Kirk; was inattentive in driving her vehicle; and failed to act once the danger of collision between her vehicle and Kirk’s became apparent.
No specific damages being sought are listed in the lawsuit and the case has been assigned to Circuit Judge Craig E. Hellmann.