Missouri Injury Lawyers Blog

On October 27, 2009, in Berra v. Danter, 2009 WL 3444814, The Missouri Court of Appeals, Eastern District determined how much of a person's medical bills may by submitted to a jury. There has been much controversy between attorneys who represent injured plaintiffs and those that represent the interests of insurance companies regarding how much of a person's medical bills may be submitted to a jury. This is because there is often a difference between what the medical providers charge and the actual amount paid by the patient. There are several reasons this may occur. One of the most common reasons is that medical providers will often discount their bills to those patients who have private health insurance. The patients often pay only their health insurance deductibles and co-payments. The medical providers the accept the amount the health insurer has contracted to pay and "write off" any amounts billed in excess of those amounts.

At issue in Berra v. Danter was the interpretation of a Missouri statute, Section 490.715 RSMo., that allows any party to submit evidence of the value of medical treatment rendered to a part that was reasonable, necessary and a proximate result of the negligence of any party. The statute allows the court to consider "medical bills incurred" by a party. The Eastern District has interpreted that phrase to mean that plaintiffs may use the amount of the medical bills reflected in their billing statements and will not be limited to only those amounts actually paid by the patient.

If you have incurred significant medical bills as a result of someone's negligence, it is imperative that you consult with competent legal counsel so that your right to recover damages is preserved. The attorneys at Tatlow, Gump, Faiella and Wheelan, LLC, have considerable experience in the area of personal injury and will work closely with you to obtain maximum recovery for your injuries.

It is that time of year again--time for the weather here in Missouri to turn off cold and when the driving conditions are often hazardous. Even if you're a very careful driver, wintertime accidents cannot always be avoided. Here are a few of the winter safety tips from the Federal Emergency Management Agency.

PREPARE YOUR HOME:

1. It's possible that due to a winter storm, you may find yourself stuck at home without power for a few days. Try to keep fuel for an alternate heat source on hand, such as heating fuel for a small heater or wood for a wood-burning stove. Be sure to keep fire extinguishers on hand though, sometimes alternate heating sources can be more dangerous than regular furnace heat.

2. Insulate pipes with newspapers and plastic and allow faucets to drip a little to avoid freezing during very cold weather. Make sure you know how to shut off your water valves in case a pipe does freeze and bursts.

3. Make a plan ahead of time if you help care for an elderly or homebound person, to get them somewhere safe and warm if a bad storm is coming.

PREPARE YOUR CAR:

Check these parts of your car to make sure they're in top shape for hazardous wintertime driving:
1. Antifreeze and oil levels
2. Brakes
3. Battery and ignition system
4. Tire treads
5. Heater & Defroster
6. Lights and flashing hazards
7. Windshield wipers & fluid level
8. Maintain at least a half tank of gas

Put a winter car kit in every vehicle that contains these items:
1. shovel
2. windshield scraper and broom
3. flashlight
4. blanket
5. battery powered radio, extra batteries
6. water
7. snack foods
8. matches
9. extra hats, gloves, and blanket
10. first aid kid
11. tow chain or rope
12. road salt and/or sand for traction
13. jumper cables
14. fluourescent distress flag or emergency flares

DRESS YOURSELF FOR WINTER:

1. Wear several layers of clothing. You can always add more or take some layers off. The outer layer should be water repellant.

2. Wear gloves, a hat, and a scarf over your mouth to protect your lungs.

Kristopher Mitchell, 33 of Columbia, Missouri was seriously injured in a crash in Clarence, Missouri on November 21, 2009. At 6:45 a.m. at the intersection of US 36 and BUS 36 in Clarence, Mitchell was driving a 2004 Dodge northbound on BUS 36 when he failed to yield at the stop sign, and pulled into the path of an eastbound vehicle, a 2007 Volvo driven by William Steinkamp, 48 of Golden, Illinois.

Mitchell sustained serious injuries and was taken by Salt River Amulance to Samaritan Hospital. He was then transferred on to University of Missouri Hospital in Columbia for treatment.

The Missouri State Highway Patrol reported a one vehicle crash that occurred on November 20, 2009 at 10:30 p.m. on Fifth and Walnut in Rolla, Missouri. Kristine Ruegg, 29 of Rolla, was driving a 1995 Pontiac southbound when she traveled off the roadway, then back onto the roadway before coming to rest.

Ruegg was not injured, however her passenger, 27 year old Annette Shockley, also of Rolla sustained serious injuries. She was transported by Phelps County Ambulance to Phelps County Regional medical center for treatment.

The Missouri State Highway Patrol reported a crash that occurred on November 16, 2009 at 10:50 a.m. in Nodaway County, Missouri. About 2 miles east of Conception on US Highway 136, a 2002 Pontiac, driven by Stephen Galbraith, was travelling westbound and started to slide across the center line and was struck in the rear by a 1997 Ford F350, driven by Richard Fletchall. Galbraith slid off the left side of the road and came to rest on the southbound side of US 136 in the ditch. Fletchall came to rest in the eastbound lanes of US 136.

Stephen Galbraith, 22 of Stanberry, Missouri was taken by private vehicle to Stanberry Ambulance Barn, then transported to Albany Hospital by Stanberry Amulance. Richard Fletchall, 58, also of Stanberry was not injured in the crash.

The Patrol was assisted by Nodaway County Sheriff's Department and the Tri-C Fire and Rescue from Conception.

Jamey L. McCubbins, 18 of Clifton Hill, Missouri was pronounced dead on November 15, 2009 after his body was recovered from an old strip mining pit near the Associated Electric Cooperative. McCubbins was reported missing on Saturday morning after last being seen late Friday night by friends.

On a tip, the Missouri State Highway Patrol began investigating the intersection of Missouri Route 3 and Route W, 5 miles north of Clifton Hill sometime Saturday afternoon. Apparently around 3 a.m. on Saturday, November 14, McCubbins travelled through the intersection, collided with a roadsign and ontinued eastbound over an embankment and into the strip mining pit. His truck, a 1999 Chevrolet Silverado, was submerged in 29 feet of water.

The Missouri State Highway Patrol investigated the accident. The Patrol was assisted with rescue and recovery efforts by the Missouri State Water Patrol, Randolph County Sheriff, Western Randolph Rural Fire Association, Bevier Fire Department, Associated Electric Cooperative, Randolph County Ambulance District, Missouri State Conservation Department, Randolph County Dive Team, Randolph County Coroner and Macon County Rescue.

The Missouri State Highway Patrol reported a crash that occured on southbound Highway 61 at Route K in Lincoln County, Missouri. On November 13, 2009 at about 6:25 p.m., a 2006 Pontiac Grand Prix, driven by Tonya Morris, 27, was southbound on Highway 61 when a westbound 1997 Ford F-150, driven by Daniel Baller, 24, turned to cross the highway and was struck by Morris.

Morris, of Elsberry, Missouri, was taken by Lincoln County Ambulance to Lincoln County Medical Center for treatment of moderate injuries. Baller, of Troy, Missouri was not injured.

Missouri State Highway Patrol Troop A reported a motor vehicle crash in Carroll County, Missouri on November 11, 2009 at around 6:0p.m. on County Road 120 near the intersection of County Road 261. Neesa Long, 17 of Tina, Missouri was driving a 1983 Ford Ranger when she crested a hill and lost control of the truck. She ran off the right side of the road and hit a concrete retaining wall and then overturned. The truck came to rest on its top in a creek bed.

Jayde Coldiron, 16 of Dawn, Missouri sustained serious injuries as a result of the crash. She was transported by Carroll County EMS to Hedrick Medical Center in Chillicothe for treatment.

Charges and further investigation are pending for Long.

A New Boston, Missouri man died from injuries he sustained in a Linn County accident on November 8, 2009 near Browning, Missouri. At 2:10 p.m., Eddie Whitlock, 59 of Saint Paul, Missouri was driving a 1981 International Grain Truck. He backed out into the roadway on Route O, 8 miles east of Browning, when Shane Lumsden, 36 of New Boston, struck him in the rear with his 1974 Chevrolet Grain Truck.

Lumsden was pronounced dead at the scene by Linn County Coroner, Kenny Creason. He was taken to Wright Baker Hill Funeral Home in Brookfield.

The Missouri State Highway Patrol investigated the accident. They were assisted by Browning First Responders, Sullivan County Ambulance, and Milan Fire Department.

The Missouri Stat Highway Patrol reported the twentieth fatality for Troop B zone this week. On November 4th, Elizabeth Creed, 80 of Cairo, Missouri was traveling southbound in the driving lane on Highway 63 four miles south of Moberly, Missouri when she attempted to make a left turn, crossing into the passing lane of traffic. She was struck broadside by a 2007 Kenworth semi-truck, driven by Brandon Banuet, 33 of Blackwater, Missouri.

Mrs. Creed was fatally injured in the wreck. She was transported to Cater Funeral Home in Moberly. Mr. Banuet was not injured.

You can also read about the accident as reported by the Moberly Monitor Index.

Missouri State Highway Patrol Troop B reported a crash that occurred last night on MO Route 19, 4 miles north of Center, Missouri. At approximately 7:19p.m., Debra Pursifull, 51 of Vandalia, Missouri was operating a 2008 Dodge Avenger when she slowed to make a left turn. She was struck in the rear by a 1997 Ford Escort, operated by Dennis White, 54 of Center, Missouri when he failed to stop behind her.

Pursifull sustained moderate injuries and was transported by Ralls County Ambulance to Hannibal Hospital. The MSHP was assisted by Ralls County Sheriff, New London Police, and the Center Fire Department.

KY3 news in Springfield, Missourireported on a boating accident that left one man dead as a result. At Pomme De Terre lake in southern Missouri, at approximately the 16MM, Albert Warner and John Smith, both of Springfield, Missouri were in a 1983 Richline 12' utility boat and had stopped to eat lunch near the Highway PP access. Smith stood up in the boat and it capsized, throwing both men into the water. They were trying to put on life jackets when Smith's floated away. Warner and Smith clung to the boat for about 40 minutes until two gentlemen came by in another boat and towed them to shore.

Warner was transported to Citizens Memorial Hospital for treatment of hypothermia. Smith was declared dead at the scene. The Missouri State Water Patrol investigated the accident.