Posted On: May 26, 2008

Missouri Helicopter Crash Sunday Evening at Lake of the Ozarks Kills Eureka Boy; Similar MD-500 Crash Occurred Years Earlier Near Guam

On May 25, 2008, a MD500E helicopter crashed around 7:20 p.m. in Sunrise Beach, Missouri within Camden County. The helicopter was landing at a lakeside residence after a short sightseeing tour around the Lake of the Ozarks, when it suddenly spun out of control and barrel rolled into the water. Five people were on board, including 9-year-old Zachary West of Eureka, Missouri, who died in this tragic crash. Divers recovered his body at 10 a.m. the following day trapped inside the wreckage.

Four others, including the pilot, escaped as the MD-500 helicopter rolled into the water. The pilot was identified as Keith Baker, 50, of Sunrise Beach, MO. His passengers included his son, Nick Baker, 13, along with his friend Michael Barth, 13, and Anna Bierman, 24, of Macks Creek, MO. Each of them jumped from the helicopter after it hit the water and swam to shore.

The Federal Aviation Administration is investigating the accident. The MD-500 helicopter is manufactured by McDonnell Douglas and is considered a light helicopter, largely used in the civilian sector and modeled after the military Hughes chopper.

An eerily similar incident occurred in 1997 near Guam when the cyclic trim switch malfunctioned in an MD-500, which caused the pilot to lose control of the helicopter and barrel roll into the water. In that incident, one of the two passengers was killed. It was determined the helicopter's cyclic trim switch was field modified and this is what caused the crash. Interestingly, this switch was the subject of a mandatory service notice for MD-500s in 1994, requiring replacement of the trim switch due to reports the switch was sticking. However, the switch was a non-repairable item, which called into question why the switch was taken apart. The NTSB cited operator failure to comply with the safety bulletin and flying with an equipment discrepancy as the causes of the Guam crash.

In the Lake of the Ozarks crash, it is expected the cyclic trim switch will be looked at to determine if it played any role in this crash. The pilot will undoubtedly be the best source of what went wrong and will be able to point investigators in the right direction.

In aviation cases, it is extremely important to determine the cause of each and every accident so it does not happen again.

The Bradley Law Firm handles aviation matters, including jet and prop planes as well as helicopter cases. If you have questions about these types of cases, please contact us.

Posted On: May 8, 2008

New Missouri Bill Could Stifle Cross Examination of Child Witnesses

Representative Bob Dixon from Springfield, Missouri has introduced new legislation that would entitle juvenile witnesses a so called "Bill of Rights" when testifying in Missouri courts. The proposed law would bar lawyers from raising their voices while questioning juveniles and allow children to carry a "comfort item" while on the stand. This bill would apply to criminal cases as well as civil cases. However, many lawyers and legislators are voicing out opposition to this bill.

The problem some see with the bill is that it reaches too far. For instance, a 17 year old criminal defendant who is being tried for murder as an adult would have a safe haven under this proposed legislation. Some see this as conferring an unfair advantage in these types of situations.

The Missouri Bar is officially voicing opposition to this bill, calling it vague and questioning whether it would run afoul of other existing court rules. The Missouri legislature has passed this bill and it is now sitting at the footsteps of the Senate Judiciary Committee.

For me, I don't see the need for this legislation. For one, the Missouri Supreme Court has passed its own rules regarding courtroom practice and procedure, which has worked in my estimation just fine in the realm of juvenile matters. If this bill is aimed at "protecting children," does it presuppose Missouri judges are not doing a good job of this now? This is what a judge does. He or she controls the decorum and manner in which witnesses are examined under direct and cross examination. If a lawyer gets out of line, they are immediately stopped by the judge.

Recently, the Missouri legislature has not been content with just passing laws, which by definition is what the legislative branch of the government does. It seems like they want to pass the laws and then decide how the laws are interpreted as well as control every aspect of judicial proceedings. These are things left to the Judicial branch of the government- interpreting laws and administering courtroom procedure to determine if laws are violated. Perhaps the legislature should stick to passing constitutional laws and leave the administration of justice to the qualified judges that sit on the bench.

If you have questions or comments regarding this bill, contact the bill's sponsor and Representative Bob Dixon of Springfield, Missouri at (573)751-9809.

Posted On: May 8, 2008

Missouri Accident Law Firm- Serious Injuries Occur After an Unknown Vehicle Collides with Another Car

On May 6, 2008 at approximately 2:00 a.m. the Missouri State Highway Patrol was called to the scene of a serious Missouri car accident at US 61, 2 miles North of La Grange, Missouri.

Jessica Dunivin, 25 of Quincy, Illinois and her passenger, Bryson Dean, 22 of Canton, Missouri were traveling northbound on US 61 when an unknown driver traveling northbound crossed into the lane of Dunivin's vehicle striking and dragging it. The unknown driver fled the scene after hitting the vehicle.

Doth Dunivin and Dean were transported by Lewis County Ambulance to Blessing Hospital in Quincy, Illinois. Dunivin suffered serious personal injuries while her passenger, Dean suffered moderate personal injuries.

The police are still investigating this crash. If you have any information regarding this vehicle, please contact the Missouri State Highway Patrol.

In this accident, both of the injured victims will have claims against their respective insurance companies for uninsured motorist coverage.

The Bradley Law Firm handles insurance claims and offers anyone who has an insurance claim a free, no obligation consultation. Contact us to speak with an insurance claim lawyer.