Missouri Injury Attorneys Blog

Tractor Trailer Head-On Collision

According to a report in the Kansas City Star, a semi collided with a car on Missouri 210 last night. The northern Kansas City crash occurred around 11:15 p.m. near Northeast Kimbrall Drive. The driver of the car suffered potentially life-threatening injuries, and had to be freed from the vehicle, according to dispatchers. Dispatchers also said that one driver crossed the highway's median, causing the head-on collision.
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A 30-car pileup on Saturday, January 16, left more than 30 injured and one 3-year-old child dead.

The crash occurred south of Kansas City on I-35. Bystanders said that the roads were incredibly slick, and that thick fog had made driving conditions difficult. Johnson County Med-Act ambulances sent five units to help assist with treating and transporting those injured in the crash. At least two-dozen people with less-serious injuries were transported to area hospitals on a bus. Eight suffered serious injuries, four of whom were transported to the University of Kansas Medical Center.
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Wednesday, January 20, a car crash resulting from a driver failing to yield turned into a four car pile-up leaving four injured.

Joshua Schipper was driving a 2005 Dodge Ram eastbound on Route E in north-western Missouri. He attempted to turn left across the westbound lane, but failed to yield to an oncoming second vehicle. The second vehicle, driven by Lesley Amschler, hit the right side of Schipper's vehicle. Amschler was driving a 2003 Chevrolet Tahoe.

The initial crash between Schipper and Amschler spun Amschler's vehicle causing it to strike a third vehicle head on. The third vehicle was a 2001 Toyota Corolla, driven by Alyssa Montalbano. Montalbano's vehicle was pushed backwards into a fourth vehicle, a 1998 Ford Mustang, driven by Larry Brownlee.

Amschler, as well as Alyssa and Laura Montalbano were taken by ambulance to St. Joseph's west. Alyssa and Laura both sustained serious injuries in the accident. Salvatore Montalbano was taken by ambulance to St. John's Hospital. He and Amschler both sustained moderate injuries.

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Attorney A.W. Smith received a settlement agreement of $200,000 in September 2009 for a slip and fall case in a major retail department store.

*The names of the Plaintiff and Defendant in this case are confidential.

On April 7, 2007 the Plaintiff slipped and fell in the cosmetics section of a major retail store on a loose eye pencil. The pencils had been kept in an open display case. The fall led to a fractured hip, which required surgery. Following the surgery, the hip became infected. About one year later, the Plaintiff endured another surgery to replace the entire hip.

Due to these surgeries, along with doctor visits and other medical expenses, lost wages totaled $75,000 in medical bills, lost wages, and pain and suffering. Originally, the store made no offers, and showed no signs of settling. Employees testified that the pencils weren't there when the Plaintiff slipped, or that she didn't slip on the pencils, and rather her own shoes.

However, the settlement offer went up to $200,000 from the Plaintiff's request when Attorney A.W. Smith revealed who his experts would be: a former store manager and a professional engineer who would testify to the lack of safety of the location of the eye pencils.

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Today is an important day for the healthcare industry, victims of medical malpractice, and their attorneys in Missouri. The Missouri Supreme Court will be hearing arguments in a case filed by Mary and James Klotz of Arnold, Missouri which seeks to overturn a law that caps non-economic damages in medical malpractice law suits.

If the courts overturn the law, it will definitely stir up things up down at the capital. The courtroom is expected to be completely full today, as everyone from Missouri medical schools, to the Chamber of Commerce has submitted briefs expressing their opinions on the matter to the court. The court will hear arguments today and rule at a later date.

The suit is a product of Dewayne and Suzanne Blankenship's $6 million verdict in a wrongful death suit for the medical malpractice suit filed on behalf of their son, Dylan. Dylan died at 6 months old after not being treated for a blood infection called meningococcemia. The infection can be treated with antibiotics, but the doctors did not administer antibiotics, or even intravenous fluids.

Although they received the $6,000,000 verdict, the Blankenships will never see beyond $350,000 for pain and suffering given the current law. James Klotz was also awarded more than the limits when his pacemaker became infected. Both parties have attested that they want to see things changed. Many think the law is unfair because the cap causes cases to be 'pre-judged' before they even going to trial.

The 2005 law, which was part of Governor Blunt's efforts to lower costs in medical malpractice law suits, sets the limit a malpractice victim can be awarded for pain and suffering at $350,000. Blunt argued that the high costs of medical malpractice suits, and thus the risk of practicing medicine in Missouri, were running doctors out of the state. Missouri medical malpractice attorneys and victims, however, say that the law discriminates primarily against poor victims of medical malpractice, and that there were other causes of high medical malpractice insurance back in 2005 when the law was written.

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On January 7, a driver who was trying to pass a car on a curve died in a head-on auto crash.

Jeremiah Nolting, 18, of Union, Missouri was driving west on Highway 50 Sunday evening around 7:30 when the Missouri auto crash happened. Nolting drove his 1990 Oldsmobile Cutlass into the eastbound lane while trying to pass another vehicle on a car, and hit an oncoming eastbound Suburban head-on.

The 2001 Chevrolet Suburban was driven by Stephanie Dierberg, 39, of Beaufort, Missouri. Also in the Suburban were Kristen Dierberg, 14, and Jacob Carman, 14 of Beaufort and Union, Missouri, respectively.

Nolting, who was not wearing a seatbelt, died at the scene. All occupants of the Suburban were in serious condition.

Stephanie Dierberg and Carman were taken to St. John's Mercy Medical Center in Creve Coeur for their injuries. Kristen Dierberg was taken to St. John's Mercy Hospital in Washington, Missouri. According to the crash report, Stephanie Dierberg was wearing a seatbelt, Carman was not, and it was unknown whether Kristen Dierberg was wearing one at the time of the accident. All three were in serious condition.

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