The Maneater

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Man sues university

Published Feb. 27, 2007

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An accident in 2004 involving a university paramedic prompted Kelly Ripley to file a lawsuit against the UM system Board of Curators on Jan. 26. Ripley is suing the university for $23,520 in property damages.

The collision took place July 1, 2004, on the southbound side of U.S. Route 63. According to court documents filed by Ripley's attorney, the University Hospital and Clinics ambulance operated by Robert Jackson struck Ripley's vehicle, a 1980 Freightliner dump truck.

The document states that the accident "was a direct and proximate result of the carelessness and negligence of the defendant, acting by and through its service, agent and employee, Robert Lee Jackson, Jr."

Law professor David Mitchell said this type of case is known as respondeat superior, in which employers are liable for their employee's actions.

"It involves everything they do in the scope of their employment," he said.

The court document states that Jackson was driving recklessly, but it does not state whether his lights were flashing or his siren was activated while driving.

According to the document, the damage to Ripley's vehicle depreciated its value by $14,000. The document states he was also forced to pay a $3,020 towing cost.

Joseph Sommer, Ripley's attorney, declined to comment about the case, as did Jackson and the MU News Bureau. The UM system Board of Curators general counsel's office did not respond to telephone messages and Ripley could not be reached for comment.

Jackson is still employed with the university as a paramedic.

Mitchell said it is hard to tell which party a judge will rule in favor of because he doesn't know whether Jackson was acting in an "emergency capacity."

The trial is scheduled for March 8 at the Boone County Courthouse.

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