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.

The U.S. Environmental Protection Agency recently announced its proposal to add the Vienna Wells Site in Vienna, Missouri to the federal Superfund National Priorities List. The Vienna site consists of three public drinking wells in which a chemical known as PCE (tetrachloroethylene) has been detected.

PCE is a man-made liquid solvent widely used in dry cleaning and grease removal. According to a report by KRCG News, the contamination originated from an old hat factory located near the city's main well. The factory has been closed for 15 years.

PCE is thought to be a carcinogen and has been linked in tests in laboratory animals to cancer of the liver and kidneys. If there is exposure to PCE, either through drinking or touching contaminated water, or by breathing contaminated air, the risk for harmful health consequences depend on a variety of factors. These factors include the dose (how much), the duration (how long), and how the exposure occurred.

If you believe that your health has been damaged by by exposure to environmental toxins, you should immediately consult with medical physicians to insure appropriate medical care.

Continue reading "Contaminated Water Supply in Central Missouri Town of Vienna" »

Winter weather usually ushers in plenty of ice and snow for Missourians. This year is no exception. Just getting to and from your car in inclement weather can be a challenge during the winter months. Falls on icy parking lots cause many injuries, including fractures and head injuries.

In 2005, the Missouri Legislature amended the Workers' Compensation Law. Unfortunately for Missouri workers, the changes make it more difficult to receive compensation if you are injured in a fall while getting to or leaving your place of employment. In a recent decision by the Missouri Court of Appeals, the court decided against a restaurant worker who slipped and fell on black ice in the parking lot after leaving work. The employee injured his ankle, requiring surgical repair using a plate and seven screws. The case, Hagar v. Syberg's Westport and Treasurer of Missouri as Custodian of the Second Injury Fund, No. ED93420, was handed down February 23, 2010.

Workers' compensation claims can involve complicated legal issues. Although the 2005 changes sometimes make it more difficult to qualify for benefits, there are many exceptions.

Continue reading "No Workers' Comp for Missouri Worker Who Falls On Ice In Parking Lot" »

Under the Missouri Worker's Compensation Act, not all falls at work are created equal. In 2005, the Missouri Legislature significantly changed the Missouri Worker's Compensation Laws, thereby limiting claims for falls that occur at work. Although, It has become common practice for injuries related to falls to be denied initially by the workers' compensation insurance carrier, the courts are deciding these cases based on the specific facts of each case.

The Missouri Supreme Court has determined: "An injury will not be deemed to arise out of employment if it merely happened to occur while working but work was not a prevailing factor and the risk involved ... is one to which the worker would have been exposed equally in normal non-employment life." Miller v. Mo. Highway & Transp. Comm'n, 287 S.W.3d 671, 674 (Mo. banc 2009).

Missouri Lawyers Weekly reported a recent case from the Missouri Court of Appeals, Western District, finding that when a nurse was injured when her work shoes caused her to fall while walking, the commission properly found the injury to be compensable. This was because the nursing shoes where a condition of her employment and she only wore the shoes to work, not outside of work. Stricker v. Children's Mercy Hospital, Case No. WD70697.

Continue reading "Falls at Work--Are They Compensable Under Missouri Worker's Compensation?" »

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.

Ozark Fitness, located in Poplar Bluff, Missouri was closed for several hours yesterday after emergency workers discovered a dangerously high level of carbon monoxide in the air at the fitness club. 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.

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.

According to the Consumer Product Safety Commission, 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.

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" »

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.

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 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.

Missouri State Highway Patrol Troop F reported a crash that occurred on November 28, 2009 at 12:30 p.m. in Montgomery County, Missouri. The crash happened at the intersection of Route FF and Route E when 16 year old Douglas Jordan pulled into the path of oncoming traffic and was hit by Jacob Rule, 25.

Douglas Jordan, of New Florence, Missouri sustained serious injuries and was transported to St. John's Hospital by helicopter. Jacob Rule of Montgomery City, Missouri sustained moderate injuries and was transported to St. Joseph's West Hospital.