Results tagged “Missouri Law” from Missouri Injury Attorneys Blog

June 9, 2010

Missouri Woman and Bar Pay $2.255 Million To Settle Suit In Crash That Killed Four

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An off-duty police officer, Christine Miller, killed four people and injured one while driving drunk, resulting in a lawsuit against her and the bar that served her that night.

A deadly crash occurred when Officer Christine Miller left O'Leary's Restaurant and Bar after she had drank a "high quantity" of alcohol and drove her car into oncoming traffic. All four passengers of the vehicle were killed and the driver was seriously hurt sustaining a head injury, fractured ribs, liver trauma, lung contusion and contusions to the skull.

A wrongful death suit was filed by the families of the victims and the one sole survivor of the crash against Christine Miller (the driver) and O'Leary's Restaurant and Bar (the bar who served her the night of the crash). The suit accused Miller, 42, of negligence based on the allocation of drunk driving and driving on the wrong side of the road. The parents also sued the restaurant because its employees "knew Miller was intoxicated". The suit claims that bar workers continued serving Miller despite her slurred speech and unsteady gate and then did not stop her from driving or call her a cab.

Miller and O'Leary's Restaurant and Bar decided to settle the suit for $2.255 million dollars to compensate the families of loss and the surviving victim. Christine Miller agreed to pay a $255,000 settlement, with $45,000 going to each family. O'Leary's Restaurant and Bar will pay a $2 million dollar settlement, from which each parent will collect an immediate payment of $100,000 and a structured settlement for each child of $186,375.

Christine Miller is facing four counts of involuntary manslaughter and one count of second-degree assault for injuries suffered by the surviving victim.

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June 3, 2010

Missouri Family Files Wrongful Death Suit against Overland Police

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Three Overland residents file wrongful death suit after Overland police officers allegedly pushed their brother down a flight of stairs to his death in April of 2010.

On the night of March 20, police were called about a road rage incident in which a motorist driving a jeep had been using flashing lights and a siren. Knowing that Kenneth Hamilton owned a vehicle like this, police made a visit to his residence in the 2600 block of West Milton Avenue.

The suit says: "While investigating the prior traffic incident and interrogating Kenneth Hamilton, defendant Ringeisen excessively, and without provocation or cause, struck, punched, and/or pushed decedent down a flight of stairs within the residence causing serious and substantial injuries including a massive head injury, which required immediate medical care and treatment."

Instead of calling for the immediate medical help, the officers promptly left the home. The officers never reported the incident to their supervisors nor did they seek the necessary help for the victim.

The lawsuit, which was filed on April 5th, accuses the Overland police officers of using excessive and unnecessary force and leaving the scene without getting medical help for the victim, Kenneth Hamilton. The lawsuit also accuses the Overland Police Department of not properly training their officers. Hamilton suffered a massive head injury from the fall which ultimately led to his death.

The lawsuit says that Hamilton was unarmed and had not committed any crime. The suit also states that the officers did not have a warrant for Hamilton's arrest.

The St. Louis County prosecutor has filed manslaughter charges against one officer, Andrew Ringeisen, for pushing Hamilton down the stairs, but doesn't expect to charge anyone else.

The suit was filed by Hamilton's three brothers - Michael, Joseph and Anthony Hamilton. The suit is against the city of Overland, Ringeisen and two unnamed officers, referred to as John Doe I and John Doe II.

The suit seeks damages of over $25,000.

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June 2, 2010

Kirbyville Man Is Killed In Head-on Collision Memorial Day Weekend

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Grover Milam, 62 year old of Kirbyville, Missouri was killed on May 29th when a driver overcorrected and hit his car head on.

The accident occurred when the driver of the second car, Jodi Ebersol, 36 year old of Forsyth, Missouri ran off the side of the road on M76, two miles south of Forsyth. Ebersol then overcorrected, crossing the center line and striking Milam's car head on.

Milam was knocked off the road when struck and was ejected from his vehicle. Ebersol was also ejected from her vehicle after she ran off the road and overturned striking a tree.

Grover Milam was pronounced dead that the scene. Jodi Ebersol was airlifted to St. John's Hospital in Springfield with serious injuries. According to the Missouri Highway Patrol, Milam was wearing a safety device but Ebersol was not.

As required by state law, the surviving driver was tested for alcohol.


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May 25, 2010

Family Seriously Injured When Man Runs Stoplight in McDonald County

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Five people were injured after a northbound driver on US 71 ran a stoplight in Jane, MO in McDonald County Saturday May 22.

The driver of the northbound vehicle who ran the red light was Tony Pierce, 41, of Rogers Arkansas. Pierce sustained moderate injuries and was taken to Mercy Hospital in Rogers, Arkansas.

In the eastbound vehicle were passengers Anthony Dal Porto (6), Haley Dal Porto (4), Stephanie Dal Porto (31) and driver Ryan Dal Porto (29). The crash resulted in moderate injuries for 6 year old Anthony and serious injuries for Haley, Stephanie and Ryan Dal Porto.

All members of the Dal Porto family were taken to Northwest Regional Medical Center in Rogers, Arkansas.

According to the Missouri State Highway Patrol, all passengers and drivers were wearing proper safety devices and child restraints when the crash occurred.

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May 20, 2010

Missouri Crash Proves Fatal for Stoddard County Man, Serious Injuries for Others

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While driving northbound on highway 25, 65 year old Herschell D. Sloan crossed the center line, crashing head-on into a 2004 Buick driven by Pearl F. Thornton (79 year old woman of Gideon) who was traveling southbound on 25.

Collision ended in death for Sloan (driver of northbound vehicle) as well as serious injuries for other passengers in the vehicle who included his wife, 56 year old Carolyn S. Sloan and Shon White (41), both of Parma. The crash also resulted in serious injury for driver of secondary car, Pearl F. Thornton, who was struck head on by Sloan's vehicle.

Traffic on Highway 25 was re-routed for well over an hour as emergency vehicles and debris crowded the highway. Helicopters took Thornton and Carolyn Sloan to a Cape Girardeau medical facility for immediate treatment. Herschell Sloan was pronounced dead at the scene.

According to Missouri State Highway Patrol, the only patron in either vehicle wearing a safety device was Thornton.


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February 19, 2010

Missouri Medical Malpractice Debate Over Pain and Suffering Caps

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The Illinois Supreme Court made a ruling this week that ended caps on pain and suffering in medical malpractice awards. The ruling could be a very positive thing for victims of medical malpractice in Missouri, where a similar debate over whether or not the current $350,000 caps is constitutional is taking place.

One attorney who argued before the Missouri Supreme Court claimed that limiting non-economic damages should be ruled unconstitutional. He intends to formally notify the Missouri Supreme Court of the ruling in Illinois in hopes that it will encourage the judges to also remove the cap in Missouri.

Many attorneys and victims think the cap should be lifted because it indirectly leads to placing a higher value on wealthy people's lives than poor peoples. While families of wealthy victims can recover more money from lost wages, poor people recover very little in the form of lost wages, thus making their suits worth less.

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February 17, 2010

Missouri Highway Crashes

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Jefferson City Crash Leads to Highway Closing
A head-on crash in Jefferson City, MO temporarily closed Highway 30 on Saturday, February 13. Harrison Lane, 44, was traveling eastbound in the westbound lanes of Highway 30 around 1:40 am. Virgil Isaak, 68, tried to swerve and avoid Lane, but began skidding, and hit Lane head-on. Isaak was taken to St. Anthony's hospital in Jefferson City, and Lane was airlifted to Barnes Jewish Hospital. Both were in serious condition. Both vehicles suffered total damage.

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Mt. Vernon Collision Causes Driver Serious Injuries
Melvin Owens, 71, was traveling southbound on MO Highway 37 in a 2004 Dodge Ram Pickup. Jose Rivera turned across the highway and into the path of Owens. Owens swerved and tried to miss Rivera, but still struck the front bumper of Rivera's 2003 Ford Windstar Van. Owens was taken by helicopter to St. John's in Springfield in serious condition, and his passenger, Frank Owens, 67, was taken by ambulance to Cox hospital in moderate condition.

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Joplin, MO Police Chase Leads to Injury for Driver, Occupant
Boyd Damet, 26, of Joplin, MO was trying to flee from the Joplin Police Department patrollers struck two other cars and injured himself as well as the occupant of his vehicle Monday evening. Damet, who cause for fleeing from police officers is unknown, was failed to stop at a stop sign while traveling on Mo Highway 66. After failing to stop, Damet, driving a 2001 Ford Mustang, hit first a 1998 Dodge Ram, driven by Bradley McCoy and then a 2001 Toyota Highlander, driven by James Felker. The drivers and occupants of those cars were not harmed. Damet was taken to Freeman Hospital West with moderate injuries, and his passenger, Marcayla Ackerson, 18, was taken to Freeman Hospital.

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January 14, 2010

Missouri Supreme Court Considers Change of Medical Malpractice Law

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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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