St. Louis Injury Attorney Blog

In February, 2008 a teenage brother and sister were involved in an auto accident with an intoxicated driver. Shortly before the accident, the drunk driver had been drinking beer at a local Kansas City restaurant. His blood was drawn after the accident, and his blood alcohol content was beyond the legal limit. Both teenagers suffered severe injuries in the accident. The young man's medical specials totaled $115,000, and the young woman's totaled $150,000.

The brother and sister brought a personal injury action against the restaurant in Jackson County, Missouri, based on an alleged violation of Missouri's dram shop law. The plaintiffs claimed the restaurant knew the man was intoxicated before he left. They further claimed the restaurant failed to have precautionary policies in place regarding the safe administration and service of alcohol by its employees. The case settled for $4,000,000. The identity of the parties was not released due to the confidentiality terms of the settlement.

Ford recalled 575,000 of its Ford Windstar Vans because of a risk that the rear axles could corrode and break, causing serious auto accidents that could potentially result in personal injuries or even death.

The recall affects vans sold from 1998 until 2003, and covers areas where road salts are in heavier use, like northern states and the east coast. Missouri is included as a state where the vans have been recalled. There have been 234 complaints of axle problems in Ford Windstar vans, and at least two reports of accidents relating to a broken axle.

Ford would be notifying owners of the recall by mail beginning in late September, and the van can be fixed at no cost to the owner.

The long journey through Missouri's legal system appears to be over for two teenage daughters of a man killed in an auto accident four years ago. Lee Widaman, father of Elise L. Widaman and Natalie J. Widaman, was killed when he was struck by a car on the side of the road after he stopped to help a fellow motorist. The daughters reached a settlement early on with one insurance company, but did not finally resolve the case until last month, when during the course of trial a final settlement was reached. An order approving that settlement was entered on August 19. Under the settlement each daughter will receive $189,700, and Lee Widaman's mother will receive $29,900.

An elderly man recently settled a personal injury lawsuit he filed after the car he was driving was struck by a bus just outside of St. Louis in Florissant, Missouri. The man required three surgeries following the accident. His medical expenses were $211,119 and his lost wages totaled $168,044. He was forced to quit his job as an insurance broker due to chronic pain resulting from the accident. The settlement totaled $600,000. The identities of the parties were not released pursuant to the terms of the settlement.

A Missouri trucking accident case ends with a $6.5 settlement for the man who was injured after being rear ended by a semi truck. The trucking accident occurred in Benton County Missouri in 2005.

The injured party, Timothy Owen, was driving a motorcycle when he was rear ended by the tractor trailer. The truck was being driven by an employee of Allied Systems. Allied Systems leased the truck from the driver, so in this case, there was a unique question about whether the driver was driving the truck in the course and scope of his employment or for personal use.

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During the summer months in Missouri, the Missouri Department of Transportation is out in full force, making highway and road improvements throughout the state. However, these improvements set the stage for very dangerous driving conditions. Automobile accidents in work zones can cause major personal injuries, property damage, and even death. Innocent drivers, innocent highway workers, and the negligent drivers not paying attention are all at risk for serious personal injuries as a result of an automobile accident.

One of the biggest risks in work zones is slowed or stopped traffic. Drivers who are not paying close attention may not notice the traffic, and may instead drive right into the back of stopped vehicles. This is the same situation that occurred just last week near Gray Summit Missouri, when the four-car collision took the lives of two young people. This accident involved a semi-truck, a pick-up truck and two school buses from St. James, Missouri carrying band students on their way to Six Flags.

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A federal jury sitting in St. Louis, Missouri, recently entered a defense verdict in a civil rights action filed against a St. Louis police officer. The plaintiff, Christopher Dixon, brought suit against Officer Eddie Boyd III, alleging Officer Boyd struck him in the face with a pistol and then dragged him through the street without provocation. In response, Officer Boyd asserted that Dixon ran from him and that in the process of detaining Dixon he slipped on wet grass and his handcuffs accidentally struck Dixon in the face. Apparently, Dixon's testimony at trial differed from his deposition testimony.

The lawsuit also named the St. Louis Board of Police Commissioners as a defendant. Dixon alleged the Board failed to supervise Officer Boyd, pointing to three prior excessive force complaints levied against him. However, the Board settled with Dixon a few days before trial for $35,000.

The Missouri Court of Appeals, Western District, handed down an opinion on Tuesday that could have a dramatic effect on Missouri's worker's compensation and personal injury systems. The case arose from a workplace accident involving a street-cleaner employed by the City of Kansas City. The Court held that, because the legislature enacted a statute in 2005 dictating that courts use strict construction when interpreting the worker's compensation statutes, the definition of employer no longer extended to fellow co-workers such that co-workers were no longer immune from personal injury lawsuits as employers. This means that an employee injured on the job can now file a personal injury lawsuit against any co-workers that negligently caused his or her injury under a general negligence theory. Previously, an injured employee was required to meet a heightened "something more" standard when attempting to recover against a co-worker. The case is Robinson v. Hooker, WD71207.

The daughters of a St. Charles man who was struck and killed by an automobile when he stopped to help another driver who had been in a car accident were awarded $150,000 in a settlement with Cincinnati Insurance Company.

Three years earlier, the daughters had settled with the insurance company for $450,000 based on underinsured motorist coverage, for the negligence of the driver who actually hit and killed Lee Widaman. This July 2010 trial was based on uninsured motorist coverage, based on the negligence of the driver who Widaman stopped to help. However, the parties settled this case before trial was complete.

The plaintiffs claimed that the driver who Widaman stopped to help was liable under the "rescue doctrine." In Missouri, the rescue doctrine allows an injured party to recover from the person they attempted to rescue if that person's negligence put him in the position where he needed rescuing. Gray v. Russell, 853 S.W.2d 928 (Mo. 1993).

A St. Louis County jury returned a verdict on Monday in an employment discrimination lawsuit brought by two former and two current employees of the Monarch Fire Protection District. The four female plaintiffs alleged they were subjected to gender discrimination and a hostile work environment. The jury sided with the two current employees, awarding each $200,000 in damages. However, the jury sided with the District on the claims brought the two former employees. The jury did not award punitive damages.

The Missouri Supreme Court addressed the disclosure of medical records of a defendant in a Missouri wrongful death case stemming out of an automobile accident. In State ex rel. Stinson v. The Honorable Ted House, No. SC90364, the Defendant sought a writ of prohibition preventing the trial court from compelling him to execute an authorization releasing his medical records.

In this case, the Defendant allegedly was driving under the influence of either drugs or alcohol, and the plaintiff alleged that he had a history of drug and/or alcohol use and a history of medical treatment for the same. The decedent's daughter, the plaintiff, sought his medical records pertaining to any substance abuse treatment he may have had.

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The former Mayor of St. Louis, Freeman Bosley, Jr., recently filed a wrongful death lawsuit claiming the City of St. Louis, the Police Board, and the Office of the Circuit Attorney negligently caused the death of Larry Griffin, who was executed in 1995 after being convicted of murder in 1981. Bosley filed the suit on behalf of Mae Etta Griffin, Larry Griffin's Mother. The suit alleges the defendants' negligence in conducting the murder investigation ultimately led to Griffin's wrongful conviction and execution.

A St. Louis postal worker who suffered personal injuries after a car accident was awarded $2 million in a settlement. The injured man was a 44 year old postal worker, who was sitting in his automobile at a red light when he was rear ended by a driver who was distracted by his cell phone and did not see stopped traffic. The distracted driver was dialing the phone or looking for a phone number when the car accident occurred.

The injured driver suffered pain in his shoulders and neck, as well as a herniated disc in his neck, and a brachial plexus injury to his right arm. This is a form of nerve damage that probably occurred in this case due to the seat belt causing his right arm to be hyperextended.

In other Missouri personal injury cases, a slip and fall victim in Kansas City received $225,000 from a jury for his injuries he sustained after falling in a puddle of water in a parking garage. The fall left the slip and fall victim requiring surgery on his leg, including inserting plates and screws into the leg. Apparently, the roof of this particular parking garage had a long history of leaks, which led to standing water in walkways in the garage.

On Friday, a federal judge sitting in Missouri awarded a married couple, Paula and Calvin Kingman, a total of $1,186,388 in their personal injury action against Dillard's. The unique aspect of the case was that the majority of the damages were awarded to Mr. Kingman, although the lawsuit arose from an accident involving Mrs. Kingman. In that regard, Mrs. Kingman suffered shoulder injuries after a rack fell on her. However, the majority of damages stemmed from Mr. Kingman's claim that, as a result of the injuries to his wife, she could no longer care for him as she had in the past. The breakdown of the award was $186,388 to Mrs. Kingman, and $1,000,000 to Mr. Kingman.

The Missouri Highway Patrol announced a new "anti-texting" campaign in an effort to reduce the number of drivers who text or otherwise use their cell phones while driving. Texting while driving is a large cause of dangerous automobile accidents in Missouri which can lead to death or personal injury.

In connection with the campaign, the Missouri Highway Patrol has also introduced a new logo, which will be available as a window decal that the public is encouraged to place on their cars.

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