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        <title>Missouri Injury Lawyers Blog</title>
        <link>http://www.missouriinjurylawyersblog.com/</link>
        <description>Published by Tatlow, Gump, Faiella &amp; Wheelan LLC</description>
        <language>en</language>
        <copyright>Copyright 2010</copyright>
        <lastBuildDate>Mon, 08 Feb 2010 15:18:12 -0600</lastBuildDate>
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        <item>
            <title>Can Liability Coverage Be Stacked in Missouri Up to the Minimum Requirements of the MYFRL?</title>
            <description><![CDATA[<p>A recent decision by the Missouri Supreme Court in <a href="http://www.courts.mo.gov/file.jsp?id=36533">Karscig v. McConville and American Family Mutual Insurance Company</a>, handed down on January 12, 2010, seems to have concluded that if the liable party is insured under more than one liability policy, that in addition to the coverage provided by the primary policy covering the motor vehicle involved, additional liability policies may be stacked up to the minimum limits required by <a href="http://dor.mo.gov/mvdl/drivers/insurinfo.htm">Missouri's Motor Vehicle Financial Responsibility Law</a>.  The Missouri MVFRL requires limits of liability of $25,000.00 per person and $50,000.00 per accident.  Multiple policies should always be examined in each case to determine if the facts might provide for additional coverages available to a seriously injured party. <br />
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            <link>http://www.missouriinjurylawyersblog.com/2010/02/can-liability-coverage-be-stac.html</link>
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                <category domain="http://www.sixapart.com/ns/types#category">Insurance</category>
            
            
            <pubDate>Mon, 08 Feb 2010 15:18:12 -0600</pubDate>
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            <title>Two Seriously Injured in Callaway County Crash</title>
            <description><![CDATA[<p>The Missouri State Highway Patrol <a href="http://www.mshp.dps.mo.gov/HP68/AccidentDetailsAction?ACC_RPT_NUM=A087537F">reported a one vehicle crash</a> 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.</p>

<p>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.</p>

<p>The crash was investigated by Corporal Stegeman of the Highway Patrol.</p>]]></description>
            <link>http://www.missouriinjurylawyersblog.com/2010/02/two-seriously-injured-in-calla.html</link>
            <guid>http://www.missouriinjurylawyersblog.com/2010/02/two-seriously-injured-in-calla.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Car Accidents</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Personal Injury</category>
            
            
            <pubDate>Thu, 04 Feb 2010 14:41:42 -0600</pubDate>
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            <title>High Levels of Carbon Monoxide Sicken 8 at a Poplar Bluff Fitness Club</title>
            <description><![CDATA[<p>Ozark Fitness, located in Poplar Bluff, Missouri was closed for several hours yesterday after <a href="http://www.semissourian.com/story/1608209.html">emergency workers discovered a dangerously high level of carbon monoxide in the air at the fitness club</a>.  At 8:07 a.m., the Poplar Bluff Fire Department responded to a call at Ozark Fitness.  Upon arrival, they used a CO meter and determined the CO level to be 800 parts per million (ppm); which is a dangerously high level of CO.</p>

<p>Firefighters evacuated the building and notified Missouri Natural Gas about the situation.  The building was closed off until the gas company determined that the pool heater had failed, causing the CO gas leak.  The gas was shut off to the building and firefighters used ventilation fans to get the CO out of the facility.</p>

<p>According to the <a href="http://www.cpsc.gov/cpscpub/pubs/466.html">Consumer Product Safety Commission</a>, mild exposure to carbon monoxide  can cause headache, fatigue, shortness of breath, nausea, and dizziness.  Higher levels of CO  The CSPC states that sustained CO concentrations above 150 to 200 ppm  will cause mental confusion, vomiting, loss of muscular coordination, loss of consciousness and death.  </p>]]></description>
            <link>http://www.missouriinjurylawyersblog.com/2010/02/high-levels-of-carbon-monoxide.html</link>
            <guid>http://www.missouriinjurylawyersblog.com/2010/02/high-levels-of-carbon-monoxide.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Personal Injury</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Product Liability</category>
            
            
            <pubDate>Wed, 03 Feb 2010 14:51:22 -0600</pubDate>
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            <title>Toyota Recalls Over 2 Million Vehicles Due to Gas Pedals Sticking</title>
            <description><![CDATA[<p>On February 1, 2010, <a href="http://pressroom.toyota.com/pr/tms/toyota/toyota-consumer-safety-advisory-102572.aspx">Toyota announced a recall</a> of approximately 2.3 million vehicles and suspended the sales of the eight different models.  This recall is the result of the gas pedal in the effected models sticking in the acceleration position, which could cause problems for drivers as they attempt to slow to a stop.  </p>

<p>In addition to this recall, in <a href="http://pressroom.toyota.com/pr/tms/toyota/toyota-consumer-safety-advisory-102572.aspx">November of 2009 Toyota announced a 4.2 million vehicle recall</a> of several Toyota and Lexus models for the accelerator sticking, but Toyota claims that this recall resulted from the floor mats getting in the way of the pedal and not the pedal mechanism itself.  </p>

<p>There have been numerous complaints to the <a href="http://www.nhtsa.gov/portal/site/nhtsa/template.MAXIMIZE/menuitem.f2217bee37fb302f6d7c121046108a0c/?javax.portlet.tpst=1e51531b2220b0f8ea14201046108a0c_ws_MX&javax.portlet.prp_1e51531b2220b0f8ea14201046108a0c_viewID=detail_view&itemID=279f2449f4604210VgnVCM1000002fd17898RCRD&pressReleaseYearSelect=2009">National Highway Traffic Safety Administration (NHTSA)</a> about the gas pedals and about Toyota vehicles accelerating, or the gas pedal remaining in the accelerated position, without the driver of the vehicle controlling the acceleration.  </p>

<p>Sadly, the complaints and the resulting recall did not take effect soon enough. <a href="http://www.usatoday.com/money/autos/2010-01-21-toyota-recall-gas-pedal_N.htm">U.S.A. Today reported</a>, on December 26, 2009, four people were killed in Southlake, Texas, a suburb of Dallas, when a 2008 Toyota sped off the road.  The car traveled through a fence and landed upside down in a pond. Officers on the scene found the car's floor mats in the trunk of the car, where owners had been advised to put them as part of the November, 2009 recall, as reported by the Southlake Police.  </p>

<p>If you own a Toyota vehicle, contact the nearest Toyota dealership to obtain information about the recall and to find out if your vehicle is affected or you can visit <a href="http://www.toyota.com/recall/?srchid=K610_p228906387">Toyota's Recall website</a>.  If your vehicle is included in the recall, please replace the affected parts as soon as possible.  </p>]]></description>
            <link>http://www.missouriinjurylawyersblog.com/2010/02/toyota-recalls-over-2-million.html</link>
            <guid>http://www.missouriinjurylawyersblog.com/2010/02/toyota-recalls-over-2-million.html</guid>
            
            
            <pubDate>Wed, 03 Feb 2010 09:20:19 -0600</pubDate>
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            <title>House Fire in Moberly Claims Two Lives</title>
            <description><![CDATA[<p>On January 28th, the Moberly Fire Department responded to a fire call for a residence located at 115 South Fifth Street in Moberly, Missouri.  At approximately 1:15 a.m., the fire broke out in the home's kitchen.  Neighbors reported hearing explosions, which were believed to be caused by therapeutic oxygen tanks inside the home.</p>

<p>At the time of the fire, three people were in the home.  Britney Tessman, 18 of Mexico, Missouri, Rebecca Jackson Skinner, 56 of Moberly, Missouri and an unnamed 26 year old man.  The man escaped with minor injuries, but the two women perished in the fire.</p>

<p>The bodies were taken to the Boone County Medical Examiner for autopsies.  Gerald Luntsford, Randolph County Coroner, <a href="http://www.moberlymonitor.com/news/x1090831572/Fire-deaths-ruled-accidental">named the cause of death</a> for the two women as smoke inhalation and their deaths were ruled as accidental.</p>

<p>To read more about this story, <a href="http://www.moberlymonitor.com/news/x231964810/Two-women-die-in-early-morning-fire">visit the Moberly Monitor Index website</a>.</p>

<p><br />
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            <link>http://www.missouriinjurylawyersblog.com/2010/02/house-fire-in-moberly-claims-t.html</link>
            <guid>http://www.missouriinjurylawyersblog.com/2010/02/house-fire-in-moberly-claims-t.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Burn Injury</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Fire</category>
            
            
            <pubDate>Tue, 02 Feb 2010 10:15:47 -0600</pubDate>
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            <title>Missouri Supreme Court Continues to Hold Insurance Company Responsible for Clear Policy Language</title>
            <description><![CDATA[<p>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 <a href="http://www.courts.mo.gov/page.jsp?id=12087&search=Burns%20v.%20Smith&dist=Opinions%20Supreme&n=0"><u>Burns v. Smith and Farmers Alliance Mutual Insurance Company of Kansas</u>, (Mo banc SC90041, Jan. 26, 2010) </a></p>

<p>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 "<em>and</em>" sometimes means "<em>or</em>" 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 "<em>and</em>" is sometimes ambiguous and was in this case.</p>

<p>It is well settled Missouri law that any such ambiguity must be construed against the insurance company.  </p>]]></description>
            <link>http://www.missouriinjurylawyersblog.com/2010/02/missouri-supreme-court-continu.html</link>
            <guid>http://www.missouriinjurylawyersblog.com/2010/02/missouri-supreme-court-continu.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Car Accidents</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Insurance</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Personal Injury</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Truck Accidents</category>
            
            
            <pubDate>Mon, 01 Feb 2010 22:15:28 -0600</pubDate>
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            <title>Truckers and Bus Drivers Banned from Texting While Driving</title>
            <description><![CDATA[<p>Yesterday the U.S. Government announced a formal ban on texting while driving for commercial drivers operating trucks and buses.  Many companies already had policies in place prohibiting texting while operating company vehicles, but this nationwide ban is a huge step toward safer roadways for everyone.  Commercial drivers caught texting can be fined up to $2,750 per occurrence.</p>

<p>The need for such a ban has become increasingly obvious as texting has grown in popularity over the last several years.  A <a href="http://www.washingtonpost.com/wp-dyn/content/article/2009/07/28/AR2009072802101.html">study published last July by Virginia Tech's Transportation Institute</a> found that truckers texting are 23 times more likely to be involved in a crash or close call.  Many states have already banned texting for all drivers, and even more anti-texting bills are currently being considered.</p>

<p>For more information, you can visit the <a href="http://www.distraction.gov/">new website set up by the U.S. Government Department of Transportation on Distracted Driving</a>.<br />
</p>]]></description>
            <link>http://www.missouriinjurylawyersblog.com/2010/01/truckers-and-bus-drivers-banne.html</link>
            <guid>http://www.missouriinjurylawyersblog.com/2010/01/truckers-and-bus-drivers-banne.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Truck Accidents</category>
            
            
            <pubDate>Wed, 27 Jan 2010 10:28:35 -0600</pubDate>
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            <title>Man Injured After Striking Car Parked on the Interstate</title>
            <description><![CDATA[<p>At approximately 3:35a.m. this morning, the Missouri State Highway Patrol <a href="http://www.mshp.dps.mo.gov/HP68/AccidentDetailsAction?ACC_RPT_NUM=A087003A">responded to a crash scene</a> 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.  </p>

<p>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.</p>]]></description>
            <link>http://www.missouriinjurylawyersblog.com/2010/01/man-injured-after-striking-car.html</link>
            <guid>http://www.missouriinjurylawyersblog.com/2010/01/man-injured-after-striking-car.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Car Accidents</category>
            
            
            <pubDate>Tue, 26 Jan 2010 14:08:26 -0600</pubDate>
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            <title>Three Injured in Weekend Crash Near Macon</title>
            <description><![CDATA[<p>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.</p>

<p>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.</p>]]></description>
            <link>http://www.missouriinjurylawyersblog.com/2010/01/three-injured-in-weekend-crash.html</link>
            <guid>http://www.missouriinjurylawyersblog.com/2010/01/three-injured-in-weekend-crash.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Car Accidents</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Personal Injury</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Truck Accidents</category>
            
            
            <pubDate>Tue, 19 Jan 2010 15:44:12 -0600</pubDate>
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            <title>Harrisonville Woman Injured in Multiple Truck Crash</title>
            <description><![CDATA[<p>The Missouri State Highway Patrol <a href="http://www.mshp.dps.mo.gov/HP68/AccidentDetailsAction?ACC_RPT_NUM=A086207A">reported</a> a crash which occurred on </p>

<p>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.</p>

<p>Marley sustained moderate injuries and was taken by South Metro EMS to Research Belton Hospital for treatment of her injuries.</p>]]></description>
            <link>http://www.missouriinjurylawyersblog.com/2010/01/harrisonville-woman-injured-in.html</link>
            <guid>http://www.missouriinjurylawyersblog.com/2010/01/harrisonville-woman-injured-in.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Car Accidents</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Personal Injury</category>
            
            
            <pubDate>Thu, 14 Jan 2010 15:05:40 -0600</pubDate>
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            <title>Crash in Moberly Kills Buggy Driver</title>
            <description><![CDATA[<p>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.</p>

<p>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.</p>

<p>The crash is pending further investigation.</p>]]></description>
            <link>http://www.missouriinjurylawyersblog.com/2010/01/crash-in-moberly-kills-buggy-d.html</link>
            <guid>http://www.missouriinjurylawyersblog.com/2010/01/crash-in-moberly-kills-buggy-d.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Car Accidents</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Personal Injury</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Wrongful Death</category>
            
            
            <pubDate>Wed, 13 Jan 2010 10:15:11 -0600</pubDate>
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            <title>Missouri Consumers--Beware of contract terms entered into on the internet!</title>
            <description><![CDATA[<p>A recent Missouri Court of Appeals decision reminds us that contracts entered into over the internet may bind us to certain terms and conditions in the same manner as if signing a paper contract.  In a appeal from a Greene County Missouri Circuit Court, the Southern District held that the website terms which included liability limitations and disclaimers, a Colorado choice of law provision and a forum selection clause limited to Denver County, Colorado, was enforceable.  Major v. McCallister and Kalupto Creations, LLC and ServiceMagic, Inc., Case No. SD29871, (Mo. App. S.D. Dec. 23, 2009).</p>

<p>Appellant Major used ServiceMagic's website, which offered free referrals to prescreened construction contractors, to search for someone to remodel her Springfield, Missouri home.  The website process involved a series of computer screens or web pages, each hyperlinked to ServiceMagic's terms and conditions.  Although Major did not read  the  terms, she continued through the website and clicked the "submit for matching pros" button.  That button was next to a notice that stated "By submitting you agree to the Terms of Use."</p>

<p>When Major became dissatisfied with the contractors hired through the website, she filed suit against them in Greene County, Missouri.  Both the Circuit Court and the Court of Appeals held that Major was bound by the terms of the contract which required any lawsuit to be brought in Colorado--Not Missouri.  "Failure to read an enforceable online agreement, as with any binding contract, will not excuse compliance with its terms." Id.</p>]]></description>
            <link>http://www.missouriinjurylawyersblog.com/2010/01/missouri-consumersbeware-of-co.html</link>
            <guid>http://www.missouriinjurylawyersblog.com/2010/01/missouri-consumersbeware-of-co.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Consumer Law</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Contracts</category>
            
            
            <pubDate>Fri, 08 Jan 2010 09:55:19 -0600</pubDate>
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            <title>California Woman Injured in Crash in Miller County</title>
            <description><![CDATA[<p>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 <a href="http://www.mshp.dps.mo.gov/HP68/AccidentDetailsAction?ACC_RPT_NUM=A085948F">reports</a> 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.</p>

<p>Navarre was taken by life flight to University Hospital in Columbia for treatment of her injuries.</p>]]></description>
            <link>http://www.missouriinjurylawyersblog.com/2010/01/california-woman-injured-in-cr.html</link>
            <guid>http://www.missouriinjurylawyersblog.com/2010/01/california-woman-injured-in-cr.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Car Accidents</category>
            
            
            <pubDate>Thu, 07 Jan 2010 16:18:50 -0600</pubDate>
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            <title>Rear-End Crash Seriously Injures Quincy Man</title>
            <description><![CDATA[<p>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 <a href="http://www.mshp.dps.mo.gov/HP68/AccidentDetailsAction?ACC_RPT_NUM=A085396B">reported</a> 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.</p>

<p>Pridemore was transported by Adair County Ambulance to Northeast Regional Medical Center in Kirksville for treatment of his injuries.</p>]]></description>
            <link>http://www.missouriinjurylawyersblog.com/2009/12/rearend-crash-seriously-injure.html</link>
            <guid>http://www.missouriinjurylawyersblog.com/2009/12/rearend-crash-seriously-injure.html</guid>
            
                <category domain="http://www.sixapart.com/ns/types#category">Car Accidents</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Personal Injury</category>
            
            
            <pubDate>Tue, 29 Dec 2009 14:13:11 -0600</pubDate>
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            <title>Three Injured in Randolph County Crash</title>
            <description><![CDATA[<p>The Missouri State Highway Patrol Troop B <a href="http://www.mshp.dps.mo.gov/HP68/AccidentDetailsAction?ACC_RPT_NUM=A084971B">reported</a> 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.</p>

<p>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.</p>]]></description>
            <link>http://www.missouriinjurylawyersblog.com/2009/12/three-injured-in-randolph-coun.html</link>
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                <category domain="http://www.sixapart.com/ns/types#category">Car Accidents</category>
            
                <category domain="http://www.sixapart.com/ns/types#category">Personal Injury</category>
            
            
            <pubDate>Tue, 22 Dec 2009 14:21:49 -0600</pubDate>
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