December 2010 Archives

December 30, 2010

Relocation of a child following divorce in Missouri

parent and child.JPGTypically when a marriage ends in divorce in Missouri, a custody and visitation plan is entered by the court setting forth the rights of each parent. Often times, one parent stays in the family residence and one establishes another residence in the same area. Sometimes following a divorce, circumstances may change and a parent with custody of a child may wish to relocate along with the child. In Missouri, there are strict rules in place regarding child relocations.

Missouri has a statute that governs child relocation after a divorce, R.S.Mo. 452.377. That statute defines relocation as a change in a child's principal residence lasting 90 days or longer. The statute further states that notice of any proposed relocation must be given to anyone that has custody or visitation rights with respect to the child being relocated. Certain information must be contained in the notice, and the notice must be provided at least 60 days prior to the proposed relocation date. The child may then be relocated once the 60 day period expires, unless a parent files a motion with the court asking the court to prevent the proposed relocation. If such a motion is filed timely, then the court will decide whether the proposed relocation is in the best interest of the child.

If you are facing a situation involving a child relocation following divorce, please contact the attorneys at Ponder Zimmermann LLC.

December 19, 2010

St. Louis County jury enters verdict in favor of plaintiff in personal injury lawsuit arising from auto accident

green light.jpgLast week a St. Louis County jury returned a $75,000 verdict for the plaintiff in a personal injury lawsuit arising out an auto accident. The car accident occurred in April, 2007. The plaintiff, Valjean Lewis, was traveling in a taxi when the driver turned left at an intersection and was struck by an oncoming vehicle. The plaintiff's attorney, Amanda Murphy, argued the driver did not have the right of way to turn left, as there was not a green arrow, which was required at that intersection. The taxi driver was not present at the trial.

December 19, 2010

Employment discrimination lawsuit filed against Missouri Department of Corrections

department of corrections.jpgAn employment discrimination lawsuit was filed last week alleging the Missouri Department of Corrections retaliated against a current employee, William Johnson. Mr. Johnson claims his employer has been retaliating against him after he served as a witness for a plaintiff in a separate employment discrimination lawsuit against the Department of Corrections. Specifically, Mr. Johnson claims his employer changed past performance reviews and implied that he had a mental illness after he testified in the other case. The Department of Corrections has declined comment.

December 9, 2010

St. Louis Missouri haunted house named in wrongful death case

haunted house.jpgThe St. Louis haunted house "The Darkness," located in Soulard, is being sued for wrongful death stemming from the November 2010 death of a local teen, Brittney Holmes. The actual entity named as a defendant is Halloween Productions, Inc., which ran the haunted house.

Holmes visited the haunted house in October 2009, and felt sick on her ride home. She spent almost a year in a vegetative state, before dying in November 2010. Her medical bills totaled around $1 million. Holmes had suffered from many allergies and asthma. The haunted house piped in artificial smells and fog in order to enhance the haunted house experience. These air particulates are alleged to have caused Holmes's death. Halloween Productions, Inc. alleges that it posted signs warning customers who had respiratory problems not to enter the house.

December 7, 2010

St. Louis Missouri woman involved in automobile accident that killed four faces criminal charges

county courthouse.jpgA Sunset Hills, Missouri woman, police officer Christine Miller, was involved in a deadly car accident in March 2009 that left 4 people dead. She faces criminal charges based on the accident. Miller had been drinking when she drove in the opposite direction of traffic, hitting another car head-on. She faces 4 counts of involuntary manslaughter and one count of 2nd degree assault, and she is expected to plead guilty today in St. Louis County Circuit Court.

Miller had previously been involved in a wrongful death case stemming from the accident, which settled earlier this year. For more on this story, click here.