St. Louis Injury Attorney Blog

Missouri drivers should use more caution on the roadways, as Missouri driver deaths are on the rise in 2012. As of September 4, 2012, 554 persons died on Missouri roadways. At the same time in 2011, only 478 had died.

Driver inattention is likely to blame for the rise in deaths, as well as drivers and passengers not wearing seat belts. Drivers should take care to buckle up, and not use their cell phones while driving. Sixty percent of those who died in a Missouri car accident were not wearing a seat belt.

Continue reading "Missouri Auto Accident Deaths Rise in 2012" »

The Missouri Supreme Court ruled on Tuesday, July 31, 2012 that the 2005 law that limited a patient's recovery for pain and suffering in a medical malpractice case was unconstitutional. Watts v. Lester E. Cox Medical Centers, SC91867. The 2005 law, 538.210 RSMo., held that no victim of medical malpractice could recover more than $350,000 for his or her pain and suffering.

The Missouri Supreme Court held that this was unconstitutional, because it denied the patient a right to a trial by jury, which includes the right to have a jury asses damages. The full opinion can be read here.

Winter driving in Missouri is often unpredictable, and car and vehicle accidents can occur when precautions are not taken. Serious personal injury or even death can occur unless drivers either avoid driving altogether is unsafe winter conditions, or take serious precautions when doing so.

The Missouri Department of Transportation offers these tips to help drivers in the winter.

Continue reading "Missourians should use caution when driving in winter to avoid auto accidents" »

Missourians are approaching the Fourth of July Holiday weekend, and everyone at Ponder Zimmermann hopes that everyone enjoys an accident-free weekend. Higher levels of traffic can lead to auto accidents, and boating safety is extremely important as thousands of Missourians head to this state's rivers and lakes. The Missouri Highway Patrol issued this statement concerning boating safety. St. Louis and the surrounding areas have experienced a lot of high water and flooding this spring and summer, so it is especially important to be cautious this summer while having fun on the water.

Another safety concern over the holiday weekend is firework safety. The U.S. Consumer Product Safety Commission issued these warnings concerning firework safety.

The Missouri workers compensation system provides certain benefits to Missouri workers who suffer on the job injuries and, under certain circumstances, who develop occupational diseases. Generally, however, workers compensation benefits are not provided to individuals who develop coronary artery disease.

An exception to this rule is set forth in RSMo. 287.067.6, which states that diseases of the heart and lungs can be considered an occupational disease in a paid firefighter if a direct causal relationship can be established between the disease and exposure to smoke, gases, carcinogens, or inadequate oxygen. Presumably, the Missouri Legislature wanted to extend benefits to firefighters for coronary artery disease and other types of heart disease because it is well recognized in the medical and scientific communities that firefighters have a significantly higher risk for coronary artery disease because of the unique and dangerous exposures they face through their job. Firefighters are exposed to dangerous inhalants, like smoke and particulate matter, and unique types of stress, that are dangerous to the heart.

If you are a firefighter suffering from coronary artery disease, contact the attorneys at Ponder Zimmermann LLC. We may able to assist you in obtaining workers compensation benefits.

On June 14, 2011, the Missouri Court of Appeals, Western District, issued an opinion addressing the applicability of the prevailing factor standard in Missouri workers' compensation cases. The claimant/employee sought workers' compensation benefits after suffering a torn lateral meniscus during an on the job accident. Because the claimant had a degenerative arthritic condition, arthroscopy was not an option. Instead, a total knee replacement was required.

The employer denied coverage for the total knee replacement, asserting that the torn lateral meniscus was not the prevailing factor in causing the need for the total knee replacement. The Administrative Law Judge agreed, as well as the Labor and Industrial Relations Commission.

The Court of Appeals, however, did not agree, thereby reversing the decision. The Court held that, once it is determined that a compensable injury has occurred, the test for determining if treatment should be covered is whether the treatment is reasonably required to cure and relieve the effects of the injury. In other words, prevailing factor need not be demonstrated when determining if a particular treatment is necessary following a compensable injury. The case is Tillotson v. St. Joseph Medical Center.

Everyone has heard the criticism and attacks on trial lawyers and victims of personal injuries who sue when they are injured. People often cite trial lawyers and victims who bring a lawsuit as a drain on business and call such lawsuits "frivolous." However, if you've ever been injured because of the fault of another, you know your lawsuit is not "frivolous." And unfortunately, the victim's side of the story is often not told. However, a new film is about to premier on HBO that tells a victim's side of the story.

HBO will show a documentary entitled "Hot Coffee" on June 27, 2011. This movie tells the tale of the most famous personal injury lawsuit of all time--the lady who spilled her McDonald's hot coffee on her lap. This movie will be eye-opening for many who have been taught to believe that all personal injury lawsuits are frivolous and are just brought by people who are greedy and seeking a jack-pot win.

I was recently contacted by an individual who had endured significant complications following a surgical procedure. It turns out this individual's doctor allowed another doctor to perform the surgery without obtaining consent from the patient. In fact, the patient had not met or even heard the doctor's name until several weeks after the surgery, when complications began to arise. Moreover, the doctor who actually performed the surgery was much less experienced than the original doctor.

Believe it or not, this happens often. It is referred to as ghost surgery. There are obvious concerns with this practice, one of which is the lack of informed consent. In Missouri, physicians are required to obtain a patient's informed consent prior to performing a surgical procedure, with the exception of emergencies. The identity of the surgeon is crucial to informed consent. Failing to obtain proper informed consent may open the surgeon up to liability for medical malpractice.

If you have been the victim of a ghost surgery, contact the lawyers at Ponder Zimmermann LLC.

Missouri workers who have had an existing injury worsened by a workplace related injury are going to find it difficult if not impossible to receive compensation for their injury. Missouri's Second Injury Fund (SIF), which compensates injured workers when their job worsens an already existing disability, has stopped paying any new claims since March 2011, when attorney general Chris Koster ordered that all compensation for new permanent total disability claims be withheld. As of today, 55 Missouri workers have been denied compensation owed to them, out of concern that the SIF would become insolvent.

Missouri's Second Injury Fund has been in place since after World War II, to compensate returning veterans who might have already had some type of disability, but were able to work. Caps imposed on the Fund's funding have reduced its balance, and claims against it have been steady, with nearly 700 new claims a month.

For more information about Missouri Workers' Compensation, click here.

A St. Louis City jury could not reach a verdict in a racial discrimination case brought against the St. Louis Public School District. The case was brought by Craig Gronemeyer, a long time employee of the District. Mr. Gronemeyer was demoted from his position of assistant principal at Vashon High School after the 2006-2007 school year. He claimed he was demoted because he was white. He testified at the trial that his principal, who was black, told him that black students were better off being taught by black teachers. The District denied that race was a factor in Mr. Gronemeyer's demotion. The jury was apparently deadlocked at 8-4 in Mr. Gronemeyer's favor.

The Missouri Court of Appeals, Southern District, recently upheld a trial court's judgment in G.C. v. Greene County Juvenile Office, that terminated a father's parental rights. The court held that the evidence showed that the father had anger issues, that the father did not recognize that the mother could not care for the child due to her mental illness, and that the father could not support the child since he chose to remain without a job. The court held it was in the child's best interest to terminate the parental rights of the father.

In Allen v. Allen, the mother was appealing the trial court's modification of child custody. The mother argued that the guardian ad litem that was appointed did not properly fulfill its duties, by not interviewing the child about alleged child abuse by his father. The appeals court held that the child had been interviewed too often, and any allegations of child abuse by the father had already been found to be not credible. The Southern District Court of Appeals affirmed the judgment.

The Missouri Supreme Court issued an opinion on January 25, 2011 in Moore v. Ford Motor Company, regarding whether Ford failed to properly warn consumers about the possibility of seat collapse when its Ford Explorer vehicles are involved in an accident, especially for people who are larger.

Ms. Moore was six feet tall and 300 pounds, and was involved in an accident where her seat collapsed. She was injured, and left a paraplegic. The Missouri Supreme Court found that the trial court erred in awarding a directed verdict in this case and found Plaintiff made a submissible case that the Explorer had potential dangers, and that Ford failed to warn of those dangers.

A Missouri jury recently entered a verdict in favor of Debra Belliveau in her personal injury lawsuit failed against HAC, Inc. The verdict was for $600,000, and the jury assessed 70% fault to the defendant and 30% fault to the plaintiff. Hence, the award was reduced to $420,000. Belliveau fell while entering a Price Chopper grocery store in St. Joseph, Missouri, causing a burst fracture in her back requiring fusion surgery. She claimed the store created a dangerous condition because it was a rainy day and store employees aligned the floor mats at the store entrance in such a way as to leave a slippery tile area exposed.

Missouri winter weather, including snow, ice, and wind, can make driving very dangerous and increase a driver's chance of being involved in an automobile accident. The Missouri Department of Transportation gives drivers many safety tips to lower their chances of an auto accident in the winter, although many of these tips are relevant year-round.

Holiday driving brings more drivers to Missouri's roads, and the Missouri Highway Patrol has released its report for the 2010 Christmas and New Year's holidays.

Two Missouri men started the new year off with a bang when they were involved in a car accident whereby the car they were driving slipped off the Earth City Expressway and landed in a pond on Monday morning. Neither of the men were hurt, and both made it to shore. The police say the driver may have been going too fast.