Missouri Injury Lawyers Blog

Derek Petre, 28, of Macon, MO was transported by EMS to LaFayette County Regional for treatment of serious injuries resulting after a crash. Petre was driving a 2007 Mazda at the time of the crash. Also involved was David Lauer, 76, of Kansas City, MO. Lauer was driving a 2000 Volvo Tractor Truck. The accident occurred on May 23rd around 7:30AM on US- 24 at Berlin Road. According to the Missouri State Highway Patrol Troop A, the accident occurred as Lauer was headed Eastbound on US Highway 24, lost control and skidded across the centerline and struck Petre head on.

During this difficult time, our thoughts and prayers turn to the victims of last week's devastating disaster in Southwest Missouri. Not only do the victims of natural disaster have to deal with the loss of family members, injuries, and loss of property, those victims also have to somehow navigate a maze of legal issues related to their losses.

Lawyers from across the state are joining forces to assist in any way that we can. The Missouri bar has established a 24 hour help hotline: 1-800-829-4128. The Missouri Association of Trial Attorneys has an Emergency Response Team that has been mobilized to the Joplin area beginning Saturday, May 28th. The local Jasper County Bar has pushed aside its own sorrows, and is already giving free advice to others in distress. In addition, Legal Aid of Western Missouri is also sponsoring a free legal clinic which will be open this weekend.

Legal issues in this situation can run the gamut from insurance issues regarding homeowners or automobile coverage; health insurance or other aid to cover medical bills; life insurance; or end of life issues related to probate, wills, trusts, and powers of attorney.

If you have friends or family in the Joplin area that need legal assistance, please tell them about the legal resources available or direct them to organizations such as the Red Cross who are coordinating efforts with the legal volunteers. The partners and staff at Tatlow, Gump, Faiella & Wheelan, LLC, in Moberly extend our condolences to those who have suffered losses in this terrible disaster.

Johnny Carter, 37 and Jeffrey Meier, 47, both of Harrison, AR were transported to Skaggs Hospital in Branson, MO after they sustained injuries in a car accident. Carter sustained moderate injuries and Meier sustained only minor injuries. Carter was driving a 1999 Ford F-450 during the time of the accident, Meier was a passenger of Carter's.
According to the Missouri State Highway Patrol Troop D, the accident occurred as a 2001 Freightliner driven by Terry Ozley, 37, of Willard, MO, crossed the center line and struck Carter's Ford in the side. The accident occurred on MO-86, four miles West of Ridgedale. The accident took place on May 23rd around 11:50AM.

Michael A. Haller, 24, of Jefferson City sustained moderate injuries and was transported to Lake Regional Health System by ambulance for treatment. Haller was involved in a head on boat crash on May 21st around 11:20PM in Camden County. Haller was operating one of the boats, a 1992 Chaparral and was headed westbound. Haller had two passengers at the time of the accident as well, they were Brian T. Markway, 24, of Jefferson City and Tadd M. Mertens, 24, of Wardsville. Both men sustained minor injuries but refused medical treatment at the scene.

The other boat involved was a 2005 Bryant that was eastbound. That boat was driven Deran G. DeLong, 44, of Washington, IA. DeLong sustained no injuries.
The accident occurred as Haller's westbound boat and DeLong's eastbound boat met and struck each other head on.

Victor Harrell, 81 and Virginia Harrell, 82, both of Moscow Mills, MO were pronounced deceased on May 22 after they were involved in a car accident. Victor was pronounced at the scene while Virginia was being transported to Lincoln County Medical Center by Lincoln County EMS. She was later pronounced by Dr. Brown around 11:11AM. Victor Harrell was driving a 2011 Husqvarna HUV4414GXP at the time of the accident.
Others involved in the accident was Zacheriah Cain,16 and Jonathon Cain, 17, both of Warrenton, MO. Zacheriah was driving a 1999 Pontiac Sunfire at the time of the accident.
According to the Missouri State Highway Patrol Troop C, the accident occurred as both vehicles were Westbound on Brevator Road East of Gravens Road. Cain's vehicle struck the rear of Harrell's vehicle causing it to travel off the right side of the roadway and strike a tree.
The time of the accident was around 9:15AM on May 22nd.
Jonathon and Zacheriah Cain sustained moderate injuries and were taken to St. Josephs West in Lake St. Louis by Lincoln County Ambulance. Victor Harrell was taken to Lincoln County Morgue by the Lincoln County Coroner.

There is a growing number of medical malpractice suits because of missed or delayed diagnosis in the emergency rooms of hospitals. Hospitals and their insurers are now using resolved claims to find an answer on how to reduce errors altogether. Studies are being done to find causes for confusion in the emergency rooms. Click on the following link to read more about the studies done to reduce the errors:How Resolved Malpractice Claims Might Help Reduce Misdiagnosis In the E.R.

Lesa Stuart, 49, of Mexico, MO was operating a 2000 Polaris on Audrain County Road 353 just South of Audrain County Road 344 when her and her three occupants were struck head on by a vehicle that immediately fled the scene. Stuart's occupants were Kenneth Burgeson, 43, of Mexico and two minors, a six year old girl and a four year old boy. Stuart, Burgeson, and the 4 year old boy all sustained serious injuries, while the 6 year old girl only sustained minor injuries. All were transported by private auto to Audrain County Medical Center.
According to the Missouri State Highway Patrol Troop F, there is no information on the vehicle that left the scene. This accident took place on May 21st at about 9:00PM.

Grace Stanton, 22, of Springfield, MO was pronounced deceased by Dr. William Comporon at Golden Valley Hospital about 1:20PM on May 21st. Stanton was involved in a car crash that took place around 11:56AM on May 21st on M13 at 3rd Street in Lowry City. Stanton was driving a 2004 Oldsmobile Alero at the time of the accident. She had a passenger, Joshua Thompson, 24, of Brookline, MO. He sustained moderate injuries and was transported by ambulance to Golden Valley Hospital in Clinton.

According to the Missouri State Highway Patrol Troop D, the accident occurred as a 2007 International Tractor driven by Chad Long, 37, of Ash Grove, MO pulled into the path of Stanton's vehicle. Stanton's vehicle then struck the trailer of Long's vehicle.

The accident was investigated by Trooper Elan Adams and assisted by Sergeant Gary Riggs, Corporal Scott Richardson of the Crash Team, and Commercial Vehicle Enforcement Officer Kenneth Williams.

The Missouri Department of Transportation will be reducing the speed limit on Highway 63 from 70mph to 65mph between the Boone/Randolph county line to the southern city limits of Kirksville. There is already a stretch of highway between Jacksonville and Macon that has a 65mph speed limit. This change will help make things more consistent for drivers and if an accident does happen, it would lessen the severity of the crash. The travel time will be slightly longer, and it will now take about 80-90 seconds longer which is well worth it if it helps prevent you from being in a serious accident.

Below are two links you can click to learn more about the speed limit changes on Highway 63.
Speed Limit Change From Clark to Kirksville.
Speed Limit Change in Columbia City Limits.

This spring, the Missouri River is now up to 25ft. That is approximately 12ft above normal. Boating season is just getting started and members of the Coast Guard Auxiliary are telling boaters simply to use common sense. Boaters need to keep life jackets on the entire time they are out on the water. People don't often think of how little time there is to grab a life jacket out of its storage compartment and get it put on properly before an incident occurs.

Boaters need to also avoid alcohol. Starting July 1st the legal blood- alcohol content level for boaters will be lowered to .08. Click the following link to read more about the Missouri River's high levels and what the Coast Guard Auxiliary's advice to boaters is:Boaters Safety.

There was a recall of Honda and Acura vehicles for replacement of airbags that could possibly deploy because of too much built up pressure. This could cause ranging injuries and possibly even fatalities. Honda is expanding the recall to 833,000 more vehicles for model years 2201 through 2003. There are 2,430 airbags that Honda is searching for that contain the defect. These vehicles were not originally in the recall because the original airbag modules in these models were not affected, but if those airbags have been replaced then they could also be defective.

For more information on specific vehicles click the following link: Honda Motor Co Ltd. Expanded Recall.

Harry Foster, 63, of St. Joseph, MO was driving a 2004 Jeep on May 15th, around 8:35PM on I-29 Northbound .8 miles South of Old Pike Road. According to the Missouri State Highway Patrol Troop A, the accident occurred as Foster swerved to the left in order to avoid another vehicle. Foster then over- corrected and lost control of his vehicle. The vehicle then traveled off the right side of the roadway, struck and embankment, and overturned ejecting the front seat passenger. The vehicle then came to rest on its right side. Foster had two occupants at the time of the accident, Rebecca Foster, 60 and Shannon Foster, 37, both of St. Joseph, MO. All three passengers of the vehicle were transported to Heartland Hospital in St. Joseph, MO. There is an ongoing investigation and charges are pending.

What is tribromoanisole(TBA)? It is a fungicide that is used in packaging materials. It is a byproduct of a chemical preservative that is applied to wood and often used in the construction pallets on which products are transported and stored.
Where else can you find TBA? It has recently been found in the HIV drug Prezista. There were four reports from consumers of an "uncharacteristic musty, moldy odor." A small number of patients reported having temporary gastrointestinal symptoms after taking the drug.

What do you need to do if your Prezista 400mg or 600mg tablets have a musty, moldy odor? You need to return them immediately to your pharmacist for immediate replacement.
For more information on the recall please visit the following link: J&J Recall.

Norris Roberts, 68, of New Franklin, MO was driving a 2008 Ford when he was involved in a car accident on May 11th at about 10:47AM on MO-40 at MO-5. Roberts was taken by ambulance to University Hospital in Columbia. Baijiang Zhang, 35, of Fulton, MO was driving a 2004 Buick and had one occupant in his vehicle, Xue, Yang, 53, of Columbia, MO. Yang was taken by ambulance to University Hospital in Columbia. Zhang was life flighted to University Hospital.

According to the Missouri State Highway Patrol, Troop F, the accident occurred as Zhang was traveling on MO-5 and attempted to make a left turn onto MO-40 and failed to yield to Roberts. Roberts struck the front side of Zhang's vehicle.

This crash was investigated by Trooper Borgmeyer and assisted by Trooper D. Doza and Howard County Sheriff's Office.

With permission from Representative Asbury, here is a copy of his Capitol Report from May 5th, 2011 regarding the upcoming changes proposed by MODOT.

Missouri Department of Transportation (MoDOT) Proposes Major Restructuring Initiatives. A MoDOT proposal to significantly restructure the highway department was made this week by Director Kevin Keith to the Missouri Highways and Transportation Commission(Commission). In what MoDOT officials have described as a bold move to right- size the department, Director Keith announced the potential closing of three district offices and 132 MoDOT facilities throughout Missouri before year- end 2012. The facilities closures would include four central offices, 17 resident engineer offices and 111 maintenance barns. The closet maintenance barns affected in this area would be in Atlanta and New Cambria. No barns in Randolph or Chariton County would be affected. In addition, MoDOT's equipment inventory would be reduced 740 pieces. Currently, MoDOT maintains ten district offices throughout the state with those being consolidated and reduced to seven in the proposal. The Macon office would be closed affecting 80 staff that would need to relocate to another office.

In addition, the administrative workforce would be reduced by 1,200 employees during the same timeframe. I have been told this reduction would include no reduction of field employees who perform the maintenance work efforts.

It is my understanding that subsequent to this week's announcement, community briefings will occur where the public can obtain direct information from MoDOT with the possibility to also provide public comments. In addition, it appears the Commission would likely make a final decision at their June 8 meeting.

I have contacted local government officials to discuss the impacts of the decision. The closure of the Macon office would create a severe economic hardship to this region. I have also sent a letter to Director Keith requesting any cost/benefit analysis or selection criteria MoDOT used to make the determination to close the Macon office. I will work closely with local interests and MoDOT to identify a means to obtain similar fiscal benefits without the closure of the Macon office. I encourage everyone to watch for and participate in the MoDOT public comment period to express their opinion on the restructuring proposal.

A map showing the proposed districts can be found at http://www.modot.org/. Additional detailed information can be found at http://www.modot.org/bolderfiveyeardirection/.

House Overrides Governor's Veto of Congressional Redistricting Map
This week the House voted 109-44 and the Senate 28-6 to override Governor Nixon's veto of the Congressional redistricting map. The final map indicates that Chariton and Macon counties would be located in Congressional District 6 and Randolph County would be in District 4. In addition, Randolph County remains whole in the final map. Unless litigated, the map will now become law and take effect in time to ensure proper filing in February 2012 for congressional district candidates.
The override marks the first time since 2003that a governor's veto has been undone by the Missouri General Assembly.
The final map approved by the House and Senate is available at the official Missouri House of Representatives website at the following link: http://house.mo.gov/largemap.aspx?map=3

Online Survey for Public Input on Issues:
Please go to http://www.house.mo.gov/member.aspx?year=2011&district=022 to participate in an online survey which provides the public an opportunity to provide input on a number of issues regarding labor, schools, early voting, term limits and photo identification for elections among others.

House Information and Legislation Online:
House members and bills filed may both be online at http://www.house.mo.gov/default.aspx

David Weinstein, 29, of Florissant, MO was pronounced dead on May 11th around 12:30PM by Dr. Pooja Patil of Depaul Hospital. Weinstein was involved in an accident on May 10th at 5:45PM in St. Louis County on Eastbound Missouri Route 370 at Taussig Avenue. Weinstein was driving a 2002 Ford Excursion at the time of the accident. Also involved in the accident was Jeanette Kimbrew, 41, of St. Charles, MO. Kembrew was driving a 1989 Ford Mustang.

According to the Missouri State Highway Patrol Troop C, the accident occurred as both vehicles were Eastbound on Missouri Route 370. Kimbrew executed a right turn into the path of Weinstein. Both vehicles traveled off the right side of the roadway and overturned. Both drivers were ejected.

Weinstein was transported by Roberston Ambulance to Depaul Hospital. Kimbrew was also taken to Depaul Hospital by Pattonville Ambulance.

A car crash that occurred on Northbound I-29, 7 miles North of Rock Port on May 9th at 10:30PM in Atchison County. Joseph Darman, 54, of Cold Springs, New York was driving a 1995 Dodge when he was involved in an accident with a 2004 Freightliner driven by David Hollenberg of Cameron, MO. Darman had three occupants in his vehicle at the time of the accident. They are Christopher Darman, 20, Rebecca Darman, 18, and Amanda Playford, 24, all of Cold Springs, New York. Darman and all three occupants sustained serious injuries and were transported by Atchison- Holt Ambulance to Grape Community Hospital in Hamburg, Iowa. Joseph and Rebecca Darman and Playford were all later life flighted to Omaha. Hollenberg sustained no injuries.

According to the Missouri State Highway Patrol, Troop H, the accident occurred as both vehicles were traveling Northbound on I-29 when Hollenberg overtook Darman's vehicle. The front of Hollenbergs vehicle struck the rear of Darman's vehicle causing Darman's vehicle to overturn onto its driver's side and landing in the path of Hollenberg's vehicle. The Freightliner then pushed Darman's vehicle off the East side of the roadway. All four occupants of the Dodge were ejected. Hollenberg's vehicle came to rest on its wheels off the East side of the roadway. Darman's vehicle came to rest on its passenger side off the East side of the roadway.

The crash was investigated by Trooper Rice and assisted by Corporal Henry, Atchison County Sheriff's Department, Rock Port First Responders, and Watson First Responders.

Bruce Sodders, 59, of Richmond, MO was pronounced dead at the scene of an accident that occurred on Business MO 10, East of Swafford Road. The time of the accident was at 5:14PM on May 1st. Sodders was transported to Thurman Funeral Home in Richmond. Sodders was the occupant of a 1995 Chevrolet Corsica driven by Gladys Stafford, 44, also of Richmond. Stafford sustained moderate injuries and was transported by Life Flight to Liberty Hospital.
According to the Missouri State Highway Patrol Troop A, the accident occurred as Robert Aliff, 38, of Richmond fell asleep behind the wheel of a 1996 Jeep Cherokee. His vehicle crossed the center line and hit Stafford's vehicle head on. Aliff sustained moderate injuries and was transported by Ray County EMS to Ray County Hospital.

Sherry Wilkinson, 44, of Potosi, MO sustained minor injuries after an accident that occurred on April27th around 1:45PM on MO-8 near Harmon Road in St. Francois County. She was transported to Washington County Memorial by St. Francois County Ambulance. Wilkinson was the occupant of a 2002 Isuzu Trooper that was driven by Timothy Wilkinson, 42, also of Potosi, MO. He sustained no injuries.
According to the Missouri State Highway Patrol Troop C, the accident occurred as T. Wilkinson slowed for traffic ahead and was rear- ended by a 2002 Chevrolet Impala driven by Zachary Lawson, 18, of Mineral Point, MO. Lawson did not sustain any injuries.