Missouri Injury Attorneys Blog

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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Continue reading "Smithson, Missouri Crash Yields Four Deaths and Four Injuries" »

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.

Continue reading "Jasper County Deputy Rear-ends Local Driver" »

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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Personal Injury attorney, Aaron W. Smith received a $375,000 verdict in federal court for a tractor trailer collision.

Elmer Connelly was injured in a collision when a tractor trailer hit his truck while traveling on U.S. Highway 71. The accident took place near Lamar, Missouri. Connelly sued the H.O. Wolding freighting company for negligence in circuit court, but the action was soon removed to federal court .

While the initial crash didn't severely injure Connelly, the subsequent injuries were devastating. Connelly was on blood-thinners at the time of the accident, causing a bruise on his leg to develop into a nerve injury. The nerve injury makes it difficult for Connelly to sit for long periods of time, as it causes him substantial pain.

The A.W. Smith Law Firm took the suit all the way to trial. After a two-day trial, a jury deliberated for less than seven hours before awarding $375,000 to Connelly in compensatory damages. The freighting company had originally offered to settle for $125,000, and then lowered their settlement offer to $80,000 immediately before the trial.

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A man from Vanzant was hit head-on in a collision yesterday evening.

Monday night Michael Poch was traveling eastbound on Route CC, just west of West Plains, Missouri in his 1986 Mustang. At the same time, Michael Omara was driving a 1995 Chevrolet Suburban westbound on Route CC. Omara pulled into the eastbound lane to pass another car traveling eastbound. At that time, he hit Poch head-on, while traveling the wrong way in Poch's lane.

Poch was transported to Ozark's Medical Center in West Plains, Missouri. According to the Missouri Highway Patrol Poch was in serious condition, while Omara was in moderate and Jennifer Liles (Omara's passenger) only sustained minor injuries.

Poch's Ford Mustang was totaled, and extensive damage was done to Omara's Suburban.

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This weekend, bad road conditions were the cause of a Missouri car accident near Rock Port. A Columbia woman lost control of her vehicle on a slick, snow-covered roadway, causing her to collide with oncoming traffic in northwest Missouri.

Karen E. Berry, 44, of Columbia was traveling northbound on Interstate 29 when she lost control of her vehicle, slid into the southbound lane, and collided with a car in the oncoming traffic. Courtney K. Middleton, 18, of Merriam, Kansas was the driver of the hit car. Middleton's 2000 Mercury Cougar spun off of the west side of the interstate. Berry's 2004 Kia Sorento came to rest in between the southbound lanes.

Middleton, her passenger, and Berry's passenger were all taken to the Heartland Regional medical Center in St. Joseph with minor injuries. Berry was not injured.

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A Missouri Personal Injury Attorney secured an $890,000 settlement for the victim in a three-car collision case.

Motorist Robin Berhorst was driving southbound on US 69 in Clay County on April 1, 2004 when he was caught in the middle of a three-car crash. Barbara Tucker had stopped to turn left out of the driving lane, rather than the center turning lane, forcing Berhorst to stop behind her. While waiting, a semi hit Berhorst from behind, slamming him into the back of Tucker's car.

Berhorst suffered injuries to nearly his entire body including his neck, back and head, as well as his arms and legs, severe ligament damage, as well as full body pain and trauma. Experts were able to assess Berhorst's future medical expenses, as well as his future lost earnings, helping the personal injury attorneys to secure the settlement before going to trial.

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The Missouri Department of Transportation has been ordered to pay $1.3 million by a board of arbitrators to the family of an auto crash victim after they didn't do enough to warn of dangerous road conditions.

Jemma Dant, 28, was killed December 6, 2005 on Highway 44 in Saint Louis as she waited on to get off the highway on a backed up exit ramp. Dant's vehicle was hit from behind by a semi that couldn't stop. Dant's car was pushed under a semi that was stopped in front of her, killing her instantly.

The arbitrators found that MoDOT should have had warnings for approaching drivers that traffic was backed up on the highway approaching the exit, as the traffic had been backing up at the location for over a month before the accident.

Dant's family had already received $950,000 from a lawsuit against the semi driver and the trucking company that he worked for, so the agency will actually only owe $350,000 as the previous settlement was deducted from the $1.3 million.

After the crash, the exit ramp was restriped and electronic signs were installed to warn oncoming traffic of any potentially dangerous road conditions. Had these kinds of precautions been in place at the time of the crash, the collision could have been avoided completely. If you have been in a tractor trailer or semi crash like this in Missouri, or another auto-crash that wasn't your fault, you should strongly consider hiring an attorney to represent your case.

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A $1.5 million wrongful death settlement was reached in a wrongful death tractor trailer auto crash in May 2005, following a head-on collision caused by a tractor trailer, just weeks before trial.

Greg Mills, a 27 year old resident of Seneca, Missouri (Mo.), was killed in a head on collision in December 2003 when a car crossed the median after being rear-ended by a tractor trailer. The tractor trailer, driven by Anthony Loveland for Dampier and Daughters trucking company, was following traffic too closely through a construction zone. As Loveland approached an intersection with stopped traffic on the southbound side of the highway, he rear-ended a vehicle in front of him, pushing it into the northbound lane, causing the head on collision with Mills' car.

Mills' parents filed a wrongful death suit in January 2004 against Dampier and Daughters. Litigation over liability took place between the parties over the next year. On December 22, 2004, the trucking company admitted liability for its driver's negligence six days before trial. The A.W. Smith Law Firm was able to secure a settlement to the tune of $1.5 million for the victim's parents.

The tractor trailer's insurance company paid $500,000 more than the insurance policy limits. The insurance company had failed to settle with the plaintiff's in an earlier policy limits demand. This exposed the insurance company to a subsequent bad faith insurance claim.

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