Family of bicyclist killed by Newton County patrol vehicle files wrongful death lawsuit

The father and daughter of a Joplin man who was killed July 7 when a Newton County Sheriff's Office patrol vehicle slammed into the bicycle he was riding filed a wrongful death lawsuit Thursday in Jasper County Circuit Court.

The lawsuit comes nine days after the Joplin Police Department issued its most recent news release about the accident in which Ryan Hunnell, 44, was killed. 

In the 15 days since the accident occurred, the name of the driver of the patrol vehicle has not been released and does not appear to have been made available to Hunnell's family since the driver is listed as "John Doe" in the lawsuit.

In addition to "John Doe," other defendants named in the lawsuit are Newton County, Missouri (through commissioners Bill Reiboldt, Alan Cook and David Osborn) and Sheriff Chris Jennings.

The plaintiffs are Hunnell's father, David Hunnell and his daughter Belle Hunnell.

From the petition:

On July 7, 2022, Newton County Sheriff’s Office deputy John Doe drove his patrol vehicle into Ryan D. Hunnell from behind, killing Mr. Hunnell. 

At the time of the collision, Ryan Hunnell was on a bicycle traveling eastbound on East 32nd Street in Joplin in the outside lane in between Connecticut and Finley Avenue. The roadway at the location was well lit by streetlights on the roadway and by parking lot lights from neighboring businesses as depicted on the video made on the morning of the collision as depicted in real time in the video recording found in this link: https://www.koamnewsnow.com/joplin-police-major-crash-team-investigate-e-32nd-crash.

Hunnell was struck from behind by a Doe’s cruiser, which was traveling eastbound in the same lane as Hunnell. Doe was driving at an excessive speed for conditions. 

Hunnell died in Jasper County Missouri at Freeman West Hospital on July 10, 2022, from trauma resulting from being hit from behind by Deputy John Doe.

At the time of his death, Ryan Hunnell was only 44 years old. Hunnell was survived by his father, Plaintiff David Hunnell, his daughter, Belle Hunnell and his wife.

Ryan Hunnell’s death resulted from an act, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages in respect thereof.

Defendants are liable in this action for damages, notwithstanding the death of the person injured.

Defendant Doe had a duty to operate his motor vehicle on the public roadway in question using the highest degree of care. 

Defendant Doe breached his duty of care to decedent in one or more respects including but not limited to the following: 

a. Failing to keep a careful lookout; 

b. Failing to yield to a bicyclist; 

c. Failing to drive at a speed safe for conditions; 

d. Striking decedent’s bicycle in the rear; 

e. Failing to swerve, slacken speed or sound a warning prior to the collision; 

f. Failing to drive within the marked lanes of the roadway; 

g. Failing to yield

As a direct and proximate result, decedent Ryan Hunnell suffered damages, pain, suffering and emotional distress during the three days that he survived after being struck from behind by Doe’s motor vehicle. 

Ryan Hunnell did not survive his grievous bodily injury caused by Doe’s negligence and died as a direct and proximate result of his injuries caused by Doe.

Plaintiffs are entitled to recover such damages as the deceased may have suffered between the time of injury and the time of death and for the recovery of which the deceased might have maintained an action had death not ensued. 

Plaintiffs are entitled to recover for the pecuniary losses suffered by reason of the death, funeral expenses, and the reasonable value of the services, consortium, companionship, comfort, instruction, guidance, counsel, training, and support of which those on whose behalf suit may be brought have been deprived by reason of such death. 

No mitigating circumstances attending Ryan Hunnell’s death exist. 

Aggravating circumstances attending the death of Ryan Hunnell exist. 

At the time of the collision, John Doe was acting within the scope and course of his duties as a Newton County Sheriff’s Department deputy. Sheriff Chris Jennings employed Deputy John Doe and is vicariously liable for the acts of Doe committed in the scope and course of his employment. 

Alternatively, Defendant Newton County, by and through its Commissioners, employed Deputy John Doe and is vicariously liable for the acts of Doe committed in the scope and course of his employment

 At the time of the collision, Defendants maintained a policy of insurance providing for coverage for liability arising from motor vehicle accidents, thereby waiving any defense of sovereign immunity.

The Hunnell family is represented by the Springfield law firm of Douglas, Haun & Heidemann, P. C.

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