Missouri Injury Lawyers Blog

The law firm of Tatlow, Gump, Faiella and Wheelan, LLC, of Moberly, Missouri congratulates Chris Faiella for again being recognized by Missouri Lawyers Weekly in their list of Top Verdicts & Settlements of 2009.

The $2.5 million settlement was reached for the family of a Moberly woman who was killed in a head-on collision on Missouri Route 22 near Centralia, Missouri, on June 9, 2008. The decedent had been driving to Centralia with her sister and adult daughter when the other driver, an employee of Ozark Kenworth, allegedly reached for his cell phone and swerved across the centerline and struck their vehicle. The two sisters were declared dead at the scene, and the daughter sustained serious personal injuries. The adult daughter, who is mentally disabled, received full care from her mother before the accident. The case, Williams, et al v. Ozark Kenworth, Inc., and Jeffrey Schuermann, Case No. 08-0417-CV-W-DGK was filed in the U.S. District Court for the Western District of Missouri.

Chris Faiella focuses his practice on serious personal injury and its tragic consequences including wrongful death, insurance coverage disputes, bad faith and product liability.

Michael McKinney, 29, of Jerrefson City, Missouri was seriuosly injured in a car crash on February 16 in Moniteau County, Missouri. The Missouri State Highway Patrol reported that McKinney was driving a 1994 Jeep on Missouri Route 5, a mile north of Fortuna when he lost control of his vehicle where the road was ice-covered. He slid across the center line and struck a grain trailer being pulled by a 2000 Kenworth, driven by Gerard Rudolph, 40, of Versailles, Missouri.

McKinney was transported by Staff For Life helicopter to University of Missouri Hospital & Clinics in Columbia for treatment of his injuries. Rudolph was not injured.

The Missouri State Highway Patrol reported a one vehicle crash that occurred in Callaway County, Missouri around 3:25 a.m. this morning. Benjamin Bussart, 21 of Auxvasse, Missouri was driving a 1998 Chevrolet on County Road 262 near Scotland Road when he ran off the left side of the road. The vehicle overturned and came to rest on its top.

Bussart's two passengers were seriously injured. Jerry Bailey, 18 of Fulton, Missouri and Tylor Graveman, 21 of Kingdom City, Missouri were both taken by ambulance to University Hospital & Clinics in Columbia for emergency medical treatment.

The crash was investigated by Corporal Stegeman of the Highway Patrol.

In a case handed down last week, the Missouri Supreme Court sent a clear message to the insurance company defendant--that the insurance company is responsible for using clear, unambiguous language in their insurance policies. If the insurance company fails to use language that an ordinary person of average abilities would understand, then any ambiguity is construed in favor of the person who is insured under the policy. The case is Burns v. Smith and Farmers Alliance Mutual Insurance Company of Kansas, (Mo banc SC90041, Jan. 26, 2010)

Eric Burns recovered a judgment in excess of $2 million against Lynn Smith for damages he received when a weld that Mr. Smith had placed on a cement mixer failed, causing the truck to explode and seriously injure its driver, Mr. Burns. Mr. Smith was insured under a policy of insurance issued by Farmers Alliance Mutual Insurance Company. Farmers denied coverage, claiming that language contained within a policy exclusion for "business pursuits" precluded insurance coverage under the policy. Although the insurance company argued strongly that the word "and" sometimes means "or" and should be read that way in their policy, the Supreme Court wasn't persuaded. In a 7-0 ruling, the court stated that at best, accepting Farmers' argument would mean only that the use of the word "and" is sometimes ambiguous and was in this case.

It is well settled Missouri law that any such ambiguity must be construed against the insurance company.

Continue reading "Missouri Supreme Court Continues to Hold Insurance Company Responsible for Clear Policy Language" »

At approximately 3:35a.m. this morning, the Missouri State Highway Patrol responded to a crash scene on southbound I-35 in Clay County, Missouri. Jacob Kukuk, 19 of Kansas City, Missouri had parked his 1997 Ford in one of the southbound lanes of I-35. Randy Ellison, 40, also of Kansas City, Missouri came upon the parked vehicle suddnely and struck it in the rear.

Ellison sustained moderate injuries and was transported to North Kansas City Hospital for treatment of his injuries. The Patrol is still investigating the events and a summons is pending.

The Missouri State Highway Patrol reported a two car crash that occurred on Sunday, January 16 at 3:10 p.m. about two miles east of Macon on Highway 36. A 2006 International tractor, driven by Adam Niesen, 28 of Fowler, Illinois attempted to pass a 1994 Buick, driven by Joseph P. Joseph, 52 of Bethel, Missouri. Joseph was in the process of making a left-hand turn onto southbound Business 36 and was struck in the side by Niesen.

Joseph and his passengers Loren Joseph,14 and Binu Joseph, 46 were all moderately injured. They were transported by ambulance to Samaritan Memorial Hospital for treatment of their injuries.

The Missouri State Highway Patrol reported a crash which occurred on

Keith Holbert, 36 of Belton, Missouri was operating a 2009 International garbage truck when he changed lanes and crossed in front of a 1999 Pontiac Grand Am driven by Leslie Marley, 29 of Harrisonville, Missouri. Marley slowed to allow Holbert entrance into the lane and was struck in the rear by a 1985 International tractor trailer driven by David Thomas, 31 also of Belton. Marley was then pushed into the rear of Holbert's truck.

Marley sustained moderate injuries and was taken by South Metro EMS to Research Belton Hospital for treatment of her injuries.

The Moberly Police Department responded to an accident yesterday morning around 11 a.m. on the southbound lanes of Highway 63 near Route EE exit in Moberly. Eli Borntrager, 29 of Madison, Missouri was driving a horse-drawn buggy in the outside lane when we was struck from behind by a 2007 Chevrolet driven by Jeffrey Fleming, 34 of Staunton, Illinois.

Borntrager, sustained fatal injuries in the crash. His horse was also severely injured and was euthanized on scene by a local veterinarian. Fleming was not injured.

The crash is pending further investigation.

Alexandria Navarre, 23 of San Clemente, California sustained serious injuries in an automobile crash that occurred at 11:25 am today in Miller County, Missouri. The Missouri State Highway Patrol reports that Navarre was driving on Highway 17 on the Osage River bridge when she slid off the right side of the roadway, struck a guardrail and was deflected into oncoming traffic. She was struck by a 1998 Kenworth tractor-trailer driven by Bradley Banner, 24 of Tuscumbia, Missouri.

Navarre was taken by life flight to University Hospital in Columbia for treatment of her injuries.

William Pridemore, 51 of Quincy, IL sustained serious injuries in a rear end crash yesterday in Adair County, Missouri. The Missouri State Highway Patrol Troop B reported that the crash occurred at 11:10 a.m. two miles eat of Kirksville on Route 6. Pridemore was driving a 2003 Freightliner van and was waiting for traffic to clear before making a left turn. He was struck in the rear by a 2007 Mack Dump Truck driven by Edwin West, 48 of Kirksville.

Pridemore was transported by Adair County Ambulance to Northeast Regional Medical Center in Kirksville for treatment of his injuries.

The Missouri State Highway Patrol Troop B reported a one car crash which injured three young men in Randolph County, Missouri. On Sunday at 11:40 p.m., Nathan Snyder, 19 of Moberly was operating a 2000 Ford Explorer when it skidded off the ice covered roadway and overturned.

Snyder sustained minor injuries. His passenger, Dustin Redding, 22 of Moberly and Robert Dutton, 22 of Huntsville also sustained injuries in the crash. All three were taken by private car to Moberly Regional Medical Center.

The Missouri Department of Transportation has a very useful tool that everyone should have bookmarked on their computer. The MODOT Traveler Information Map displays a multitude of information concerning Missouri's roadway conditions including weather hazards, construction delays, temporary closings and more.
Check the map before heading out for a drive and you can avoid common safety hazards.

Have a safe and happy holiday season from Tatlow, Gump, Faiella & Wheelan, LLC.

On December 9, 2009 three people were killed in a car vs. train accident in Trenton, Missouri. As reported by Kansas City news station, KMBC-TV 9, Nancy Groves, 24 of Trenton, Missouri was driving from a nearby mobile home park to go cash a check when she crossed the train tracks in front of an oncoming Burlington Northern freight train. There is no crossbar installed at that crossing. Groves and her two passengers, Adam Romesburg, 30 and Nina Spencer, 28 were all three killed in the crash.

The holidays are upon us and it is likely that you or your family members will be traveling on Missouri highways. While holiday celebrations with family and friends are often anticipated with much excitement and joy, many families unfortunately experience tragedy during this time of year when loved ones are killed or injured in traffic accidents during the holiday season.

This season often ushers in inclement weather along with increased traffic. Drivers need to be especially mindful of actions that will make their holiday travel safer.

• Make sure your vehicle is in proper working order before your trip. This includes checking fluid levels, making sure windshield wipers are working well and tires are properly inflated. Make sure you have plenty of gas.


• Always use seat belts and make sure young children are properly restrained in car safety seats. Remember, the back seat is usually the safest place for children of any age to ride.


• Be flexible in your travel plans and be aware of changing weather conditions and peak traffic hours. Don't hesitate to change your travel plans if conditions warrant it--The safety of your family is of utmost importance!


• Stay alert and take plenty of breaks. Many accidents are caused by fatigue and inattention.


• Keep your speed down and make sure there is plenty of space between you and other vehicles around you to allow adequate reaction time. Try to let impatient and aggressive drivers around you.


• If your holiday event will involve alcohol, choose a designated driver who will remain alcohol free. If you are the host, please make sure your guests have safe and alcohol free travel arrangements.


• Make sure to carry an emergency kit in your car. Some recommended items include a flashlight, blankets, and a small shovel.


• If you must use your cell phone, pull off the road and be aware of traffic around you.

Continue reading "Drive Safely This Holiday Season!" »

The Missouri State Highway Patrol issued a crash report after a one-vehicle accident occurred in Sullivan County, Missouri yesterday. At approximately 11:45 a.m., Rockne Miller, 44 of Tuscumbia, Missouri was operating a2007 Chevrolet westbound on Route N seven miles east of Milan, Missouri when he ran off the roadway, struck a ditch and the vehicle overturned.

Bruce Reid, 57 of Camdenton, Missouri was a passenger. He sustained moderate injuries and was transported to Sullivan County Memorial Hospital in Milan for treatment. Miller was not injured.