Missouri Injury Attorneys Blog

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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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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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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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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An early morning crash on Wednesday, April 14, has left one man dead and the other seriously injured.

According to the highway patrol crash report, Larry Lowe, 39, Sedalia, was driving westbound on US Highway 50 when he crossed the center line, hitting Perry Finley, 53, Lamonte, head on. After the initial collision, Lowe lost control and drove off of the right side of the road. Finley was driving a 1993 International Tractor semi, which also went off of the right side of the roadway, overturned, and caught fire. Lowe was taken by lifeflight to University Hospital with serious injuries. Finley was pronounced by the Pettis County Coroner at the scene of the crash.

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A two car crash Sunday afternoon left one child and one adult in serious condition after a driver failed to yield to oncoming traffic.

Nicole Neidenberg, 18, of Ellsinore, Missouri was driving southbound on US Highway 60 in Ellsinore Sunday afternoon when she attempted to cross the highway. Neidenberg pulled into the path of a second vehicle, driven by Donna Barbosa, 54, also of Ellsinore, causing the auto crash. Barbosa's passengers, 10-year-old Johnny Pitts and 12-year-old Robert Fordyce were taken to Poplar Bluff Regional Medical Center. Barbosa and Fordyce suffered minor injuries while Pitts suffered serious injuries. Also in the car was Randy Voss, 58, who suffered serious injuries and was air lifted to St. Francis Medical Center in Cape Girardeau.

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ATV and Motorcycle crash leaves one teen in serious condition and another dead.

Late Saturday night, March 6, at 11:30 pm, two Pineville, MO teens were involved in a head-on collision of a motorcycle and an ATV. The 1988 Kawasaki 4-wheeler, driven by 17-year-old Cameron Bridges, was hit by a 2005 Kawasaki motorcycle driven by 17-year-old Michael Dutton. The crash took place on Bear Hollow Road, three miles southeast of Jane, MO.

Both teens were flown to Freeman West hospital in Joplin. Dutton was in serious condition and Bridges was pronounced dead at the hospital.

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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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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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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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A Saturday evening auto crash near Sedalia, Missouri has left four dead and four injured.

According to the Highway Patrol, the three-car accident occurred at about 5:30 p.m., on Highway 50. The crash began when a 2002 Ford ZX2, driven by Shenika Flemons of Kansas City, was traveling eastbound and crossed the center line. Flemons' vehicle then rotated counter-clockwise, and struck the rear of a westbound 1999 GMC Sierra. After the impact, Flemons' vehicle skidded back into the eastbound lane and into the path of a 2009 Chevrolet. Flemons vehicle came to rest facing westbound on the eastbound shoulder of Highway 50.

The four fatalities all occurred in Flemons' vehicle. Those killed were Flemons, Kawanna Jackson, 32, Lakeidra Kemp, 32, and Kamyra Payne, 2. They were all pronounced dead at the scene of the accident by the Pettis County Coroner according to the highway patrol report. Also in that same vehicle were Tyllyiss Jackson, 8, and Tonica Watts, 11, who were in serious condition at the time of the accident and transported by life-flight to University Hospital in Columbia, Missouri. Elliott Hull, 6, and Jennifer Hull, 33, both passengers in the Chevrolet, were injured and transported by ambulance to Bothwell hospital in Sedalia, Missouri.

The reason for the crash was not immediately evident, and investigation into the crash is ongoing.

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This Neosho woman had a unique case which called into question the responsibility of negligent drivers subsequent to an original crash.

In September 2003, a Neosho woman, Carrie Story, was involved in a car crash with Mark Logan. Logan failed to yield to Story while making a left turn across traffic. Story was taken to a hospital where doctors diagnosed her with a left-foot fracture. Although the fracture healed quickly, Story continued to suffer pain in her foot. A bone scan later suggested that she had Reflex Sympathetic Dystrophy, a painful nerve disorder caused by an injury to a hand or foot. Story filed suit against Logan.

In March 2004, Story was involved in a second Missouri auto crash. An uninsured motorist was trying to make a left-hand turn onto Missouri Highway 86 in Newton County pulled into Story's path. Again, Story was taken to a local hospital and diagnosed with a left-foot contusion that had exacerbated her original RSD injury. Story began treatment for the continued pain and filed a second lawsuit against American National.

Because the two cases were related, but separate events the core of the case was determining how and to what degree the second driver should be held responsible for the injuries already present, but exacerbated by his negligence. Columbia, Missouri injury attorney Aaron Smith was able to secure a $193,500 settlement without taking either case to mediation or court. The first case was settled for $100,000 and the second case was settled for $93,500 with a $43,500 settlement from Story's own insurance against uninsured drivers and $50,000 from the uninsured driver.

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Pamela Allen, a 48-year-old resident of Lockwood, Missouri was driving on Main Street in Joplin on December 5, 2005. Sheriff's Deputy Devin Marshall rear-ended Allen's car as the two approached stopped traffic at an intersection.

Marshall claimed his brakes failed, and he was forced to activate the emergency brake, but still ended up colliding with Allen's back bumper. About $900 was done in property damage to Allen's car.

Allen sustained a herniated disk in her cervical spine, which required surgery. After surgery she still suffered from pain radiating from her spine into her arms. After filing a personal injury suit, Marshall testified about the brake problem he had encountered, and department records showed that the cruiser received a full brake repair after the collision.

Allen was compensated for her $35,000 in medical bills and lost wages, plus pain and suffering. Personal injury attorney A.W. Smith, based out of Columbia, MO was able to secure a $150,000 settlement just two weeks before trial.

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On December 9, three Trenton, Missouri residents were killed by an oncoming train while trying to cross "uncontrolled" railroad tracks. The driver, Nancy Groves, was driving a 2001 Plymouth Neon carrying passengers Adam Romesburg and Nina Spencer.

According to the Missouri State Highway Patrol, the vehicle was traveling eastbound on First Street in Trenton, and drove into the path of the approaching freight train. While it had snowed heavily in the area, state Troopers said that it didn't play a role in the crash. The train dragged the car 300 feet from the point of impact. The train, which tried to stop after the crash, was 2700 feet north from the crash location, showing how long it takes for trains to stop once alerted of a dangerous condition on the tracks. While the car was totaled and removed from the scene, the train continued on to its intended destination.

Trenton is located about three and a half hours northwest of Columbia, Missouri. Missouri is notorious for "uncontrolled" railroad tracks; uncontrolled meaning without the bar or arms that lower to prevent vehicles from entering the tracks when a train is approaching. Unfortunately, many Missourians have lost their lives to these unsafe conditions.

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