July 2010 Archives

July 27, 2010

St. Louis employment discrimination trial ends with $400,000 verdict

gender discrimination.jpgA 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.

July 23, 2010

Missouri Supreme Court discusses physician/patient privilege

medical records.jpgThe 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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July 21, 2010

Former St. Louis Mayor files wrongful death lawsuit based on state execution

Thumbnail image for execution.jpgThe 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.

July 20, 2010

St. Louis Missouri automobile accident case ends in $2 million settlement

rear end crash.jpgA 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.

July 17, 2010

$1.2 million verdict entered in Missouri federal court in favor of a married couple in their personal injury lawsuit against Dillard's

department store.jpgOn 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.

July 16, 2010

Missouri Highway Patrol begins anti-texting campaign to reduce automobile accidents

texting.jpgThe 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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July 13, 2010

St. Louis VA hospital subject of hearing today after possibly infecting patients with viruses due to improperly sterilized equipment

veteransaffairs-seal.jpgAllegations of medical negligence are being investigated against St. Louis, Missouri VA Hospital, John Cochran Medical Center. A couple of weeks ago, the hospital sent letters to over 1,800 veteran patients telling them that they might have been infected by viruses from improperly cleaned and sterilized dental equipment at the hospital. The chief of the dental clinic, Danny L. Turner, was placed on administrative leave. The House Committee on Veterans Affairs is holding a hearing today on the issue.

Although there are allegations that certain dental equipment used on patients was not properly cleaned, the VA maintains that the risk of infections is minimal. The hospital offered free blood tests to those who might be at risk for infection, including testing for Hepatitis and HIV. Some patients have taken advantage of the free blood screening.

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July 12, 2010

Missouri judge awards $6.27 million judgment in wrongful death lawsuit

sewer line.jpgA Ralls County, Missouri judge awarded the family of a man killed while working on a trench $6.27 million in the Missouri wrongful death case. Timothy Epperson worked for the City of Perry, Missouri, when he was working to clear a obstructed sewer line. The trench collapsed, and Epperson broke his neck and suffocated. He had a wife and 3 sons.

The wrongful death lawsuit was filed against the city's superintendent, Donald Lee Huff. The family of Epperson also has a Missouri workers' compensation claim pending against the City of Perry.

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July 8, 2010

Missouri personal injury lawsuit against bar ends with award for plaintiffs

Kansas City Power & Light.jpgA Kansas City Missouri bar, PBR Big Sky Cowboy Bar in the Kansas City Power & Light District, was found to be negligent in its supervision and training of its bouncers after an incident with bar patrons that ended with two people suffering personal injuries.

Travis Ehlers and Megan Kirchner went to PBR in June of 2008, when two of their friends, who were intoxicated, began throwing ice in the bar. PBR's security approached the group, when Kirchner and a female security staff member began engaging in a verbal dispute. Thereafter, another member of PBR's security allegedly dragged Kirchner out of the bar by her neck. Ehlers, after trying to get the security guards to release Kirchner, was himself allegedly held to the ground, where he suffered a bloody contusion that required medical treatment.

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July 7, 2010

Trial set to begin in Missouri personal injury case based on alleged defective product diacetyl

popcorn.jpgA Jackson County, Missouri jury will be asked to determine whether diacetyl, used in microwave popcorn for flavoring, is a defective product that ultimately caused a former Blue Springs, Missouri woman to develop lung disease. The plaintiff, Elaine Khoury, is suing ConAgra Foods Inc. for personal injuries allegedly suffered from years of consuming Act II popcorn, which contained diacetyl until 2007. Numerous popcorn lung cases have been filed in Missouri; however, this case is unique in that the plaintiff is a popcorn consumer. The majority of the previous Missouri popcorn lung cases involved workers from a Jasper County popcorn factory.

July 2, 2010

Missouri man's death should be reminder to all Missouri boaters of the importance of safety on the water

boating safety.jpg The unfortunate drowning of a Missouri man should serve as a reminder to all Missourians just how important safety is in avoiding boating accidents on Missouri's waterways, particularly during this July 4th weekend. Edward Harris, of Berkeley, Missouri, died while attempting to load his boat from a lake in the Whetstone Conservation Area near Williamsburg, Missouri. An official with the Missouri Water Patrol said Mr. Harris was not wearing a life-jacket.

July 1, 2010

A federal jury in Missouri awards a Missouri woman $700,000 for injuries sustained from defective product

blanket.JPGA federal jury sitting in Missouri recently entered a verdict in a product liability case filed against Sunbeam Products, Inc. The plaintiff was a Missouri woman who suffered third-degree burns after a Sunbeam electric blanket caught fire in 2008. The jury awarded the woman $2,000,000, but the verdict was reduced to $700,000 because the jury determined the plaintiff was 65% at fault.