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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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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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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The A.W. Smith Law Firm attained a $4.75 million settlement in a birth injury case earlier in 2010.

*The terms of the settlement required confidentiality regarding the names and all indicators of the defendants, so those details have been removed from this blog.

Plaintiffs John and Jane Doe went to the hospital to have their first child delivered on August 20, 2007. Jane Doe was in labor for 16 hours before finally giving birth. During that time, there were indications that the baby was going through periods of distress. After birth, it was determined that Baby Doe was deprived of oxygen while still in the uterus long enough for him to develop severe cerebral palsy.

Cerebral palsy is a disease that is untreatable and can develop during child birth due to lack of oxygen to the baby's brain. Often, it can be easily prevented by monitoring the fetus's fetal heart rate on a monitor. Due to the amount of time that Baby Doe was deprived of oxygen, he suffers from not only cerebral palsy, but seizures, persistent encephalopathy, diffuse brain atrophy, marked hypotonia in the trunk and lower limbs, and brisk deep tendon reflexes.

The plaintiffs filed a lawsuit against the hospital, the obstetrician (OBGYN), and the birthing center nurse. Plaintiffs claimed that the hospital failed to properly use the fetal monitoring equipment, failed to recognize the signs of Baby Doe's distress, failed to have staff on hand that knew how to address the health problems once they had been realized, and failed to perform an emergency C-section.

The case was settled in early 2010 for $4,750,000.

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Missouri Highway 5 head-on collision has left one driver dead and the other seriously injured. Missouri Highway Patrol Troop I responded to a deadly car accident Thursday around 2 pm on Missouri Highway 5. Driver Kathleen Matney, 48, Shawnee, KS, was traveling northbound in a 2010 Toyota SUV. William Hinkley, 64, Springfield, MO, was traveling southbound, and crossed the center line, hitting Matney head-on. Hinkely was driving a 1996 Lincoln Towncar. Matney was taken to the Lake Ozark Hospital in serious condition. Hinkley was pronounced at the scene by the Laclede County Sheriff.

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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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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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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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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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