St. Louis Injury Attorney Blog

Missouri failed to pass a new ban on texting while driving in an effort to reduce auto accidents. The new law would have banned texting by all drivers in Missouri, not just drivers over 21 years old. As previously posted, the government was considering imposing a complete ban on texting while driving. However, this measure failed. Since the law against texting while driving for drivers under 21 went into affect, 28 tickets have been written to violators of the law.

Of course, even without a law, drivers should exercise personal responsibility and caution while operating a motor vehicle, and decide for themselves that it is dangerous to text while driving a car. Obviously, if a driver is typing out a message, he or she is not giving their full attention to the roadway, and it only takes a split second of inattention to cause a catastrophic auto accident. This same rationale goes to the many other activities drivers partake in that can divert their attention from their main task, driving, such as applying makeup, eating in the car, or even reading the newspaper while driving. So absent a law expressly forbidding these activities, hopefully, drivers will use common sense and caution when driving and do so safely.

As summer 2010 kicks off to a start this Memorial Day weekend, Missouri and St. Louis area boaters would benefit from remembering certain boating safety rules before heading out to Missouri rivers and lakes. May 22-28 is Boating Safety Week. Boating accidents in Missouri lakes, as well as accidental drownings that occur on Missouri rivers when people go canoeing or rafting, can be avoided with a little more precaution and attention.

An average of 700 people die in boating accidents nationwide. In 2008, the Missouri Water Patrol investigated 13 boating accidents over Memorial Day weekend. Many deaths or injuries could have been prevented with the use of a life jacket or other safety precautions. The Missouri Water Patrol states that many Missouri boating accidents, drownings, and injuries could be prevented if boaters did not consume alcohol or other intoxicants while boating, if all passengers in boats wore life jackets, and if people took a boating safety course.

Continue reading "St. Louis and Missouri boaters should refresh knowledge of safety measures to reduce boating accidents during Boating Safety Week" »

St. Louis area family Jennifer and William McLaughlin, of Kirkwood, Missouri, have settled the custody battle they were involved in with Edward and Kerry Lambert of California. The McLaughlin's attorney simply stated that the couples have agreed to resolve this dispute in accordance with the parties' original agreement, and that all involved hope that the embryos will be raised with their siblings. It is unclear which couple is getting the embryos.

The McLaughlins obtained four frozen embryos from the Lamberts in 2009. The McLaughlins went on to have twins with two of the embryos in January 2010. The Lamberts filed a lawsuit in California, claiming that the McLaughlins breached their agreement by not returning the two unused embryos, because their agreement stated that if they did not use the embryos within a year they must be returned. The Lamberts wanted to give those embryos to another couple. The McLaughlins filed a lawsuit in St. Louis County, alleging that unique circumstances warranted them keeping the embryos. The McLaughlins were not sure at first if they wanted to use the remaining two embryos, but later decided they did want to expand their family and hoped to use those embryos to have more children. The McLaughlins currently have 7 children, two twins and five adopted children.

Continue reading "St. Louis area family settles custody dispute over frozen embryos" »

Missouri DWI laws are one step closer to becoming stronger in Missouri, as the Senate passed Senate Bill 880 today. After reaching a compromise, the portion of the bill that was passed in the House that would allow blood draws without a warrant if there was a suspicion that the driver was driving while intoxicated was removed.

The Missouri House must now pass the Senate version of the bill. After that, Governor Nixon will have to sign the legislation into law. If Governor Nixon signs the bill, it would become law on August 28, 2010.

Update: Governor Nixon will sign the DWI reform bill into law in both St. Louis and Jefferson City on June 2, 2010. He will sign the bill first in St. Louis at 1:30 at the Missouri State Highway Patrol Super Site, and then will head to the Missouri Highway Patrol Training Academy in Jefferson City for a second signing.

Continue reading "Missouri DWI law passes Senate but warrantless blood draw portion removed" »

The number of St. Louis area motorcycle accidents have increased as the Missouri weather warms and more motorcycle riders take to the roads. The news reports in the St. Louis area have reported numerous deadly accidents in the previous few weeks. According to the Insurance Institute for Highway Safety statistics, motorcycle deaths do rise during the months of April through October, with more occurring on Saturday and Sunday than any other day of the week. It can be inferred from these statistics that most riders involved in these crashes are recreational riders. Thirty percent of the fatalities involved alcohol.

Missouri requires all motorcycle riders to wear helmets while riding. However, not all riders follow this law. Last year, there was a movement to repeal this law, but Governor Nixon vetoed the bill, citing safety concerns. In states where helmet laws have been repealed, deaths from motorcycle crashes have rose sharply in the years following the repeal. Many states only require helmets on riders under a certain age, which varies by state. For more on motorcycle helmet laws in other states, click here.

Continue reading "Missouri motorcycle safety a concern as May is Motorcycle Safety Awareness Month" »

Missouri House Bill 1695, which allows the police to draw blood from a driver suspected of driving under the influence, has moved one step closer to law after passing in the House. The bill states that any person operating a motor vehicle is deemed to consent to the testing of his breath, blood, urine or saliva for purposes of determining if he is driving under the influence of drugs or alcohol.

House Bill 1695 makes many changes to DWI laws in Missouri. The bill proposes tougher penalties for drivers driving with a blood alcohol content of 0.15 or more. The bill also addresses communication between various police agencies, so that different agencies can be made aware of DUIs a person has received in other jurisdictions.

Missouri Senate Bill 880 is currently working its way through the Senate, and has many of the same provisions.

For a full summary of the bill, click here.

In Hightower v. Myers, No. 89951 (Mo. banc March 9, 2010), the Missouri Supreme Court considered issues relating to subject matter jurisdiction in a Missouri child custody case that spanned 3 states. The father lived in Missouri, the mother, who had custody of the child, in New Jersey. Over time, the mother had moved within New Jersey several times without proper notification to the father. She then intended to move to Georgia, and did so. The father filed for custody of the child in Missouri. In 2007, the trial court granted the transfer of custody to the father and ordered the mother to pay child support. The mother appealed, arguing that the Missouri court lacked subject matter jurisdiction. She also argued that there was not a continuous and substantial change in circumstances that warranted the transfer of custody.

The Missouri Supreme Court held that the Uniform Child Custody Jurisdiction Act, which sets forth 4 circumstances where a court has the jurisdiction to hear a child custody case, is not a matter of subject matter jurisdiction, and can be waived. Subject matter jurisdiction can never be waived and can be raised at any time. Subject matter jurisdiction is vested in Missouri courts by the Missouri Constitution, not by statute, and because this was a civil case, the trial court had subject matter jurisdiction. Mother did not argue lack of jurisdiction under the UCCJA, so therefore, she waived it. The court further found that because the mother had moved without notification to the father, had moved to Georgia, and had not allowed the father to have proper visitation he was entitled to, the transfer of custody was warranted.

Missouri recently enacted a law that imposes a partial ban on texting while driving. Section 304.820, RSMo, bans drivers 21 years old and younger from texting while they are operating a motor vehicle. However, after its inception, few tickets have been written enforcing this law. As of January 2010, only 13 tickets statewide had been issued, although the law had been in effect since August 2009. The law is difficult to enforce, because it is hard to tell who is texting, and who is dialing a phone call, a practice that is legal.

There are bills currently being addressed in the Missouri House and Senate that would implement a complete ban on texting while driving, for all ages. The bill seems to have support from both the Missouri Senate and House. Certainly, the current law sends a message that it is somehow safe to text while you drive, so long as you are 22 years old or older. It is difficult to imagine how typing while driving is a safe practice for anyone. The National Safety Council reported in 2009 that at least 200,000 accidents are caused a year by texting while driving in the United States. Distracted drivers, whether it be making a call, texting, or simply reaching for a cell phone, can have disastrous results on Missouri's roads.

For more information on laws around the United States related to cell phone use while driving, click here.

The Missouri Senate voted on Tuesday, May 4 to give Missouri residents a chance to vote on aspects of the federal health care bill that was passed by the federal government and signed by President Barack Obama.

The federal law requires that most Americans must buy health insurance, with certain exceptions, including low income people. The Missouri proposed referendum would prohibit the federal government from requiring people or employers to buy health insurance for themselves or their employees. The vote was 26-8. If the bill passes the House, the Missouri people will vote on this issue in August. The bill originally sought a Constitutional Amendment, but instead it will now be implemented as Missouri state law.

Continue reading "Missouri Senate votes on federal health care law" »

The Missouri Court of Appeals held in a medical malpractice case that the Curators of the University of Missouri did not waive sovereign immunity by purchasing liability insurance.

In Hendricks v. Curators of the University of Missouri, No. WD70398 (April 27, 2010), the trial court granted summary judgment in favor of the defendant, holding that it was entitled to sovereign immunity under Section 537.600 RSMo. On appeal, the plaintiffs argued that the defendant had waived sovereign immunity by purchasing liability insurance. Section 537.610.1 RSMo, states that a sovereign body may waive immunity by purchasing liability insurance.

The Missouri Court of Appeals held that an express provision in the insurance policy stating that the University of Missouri was not waiving sovereign immunity was valid. This was in line with previous decisions, including State ex rel. Board of Trustees of City of North Kansas City Memorial Hospital v. Russell, 843 S.W.2d 353 (Mo. banc 1992), and Langley v. Curators of the Univ. of Mo., 73 S.W.3d 808, 811 (Mo. App. W.D. 2002).