Posted On: April 29, 2009

Pit bulls attack multiple people in Columbia, Missouri

Columbia police shot and killed a pit bull after responding to reports that several people had been chased or attacked by the aggressive dogs, according to the Columbia Daily Tribune.

The calls came from Grindstone area of Columbia, Missouri. Several people called saying they had been bitten or chased, though police only assisted one man. Mark Adamson, 27, the manager for the GNC on Grindstone, was bitten and suffered injuries to his right leg. His condition was not reported by the Tribune.

Police then followed witness reports to locate two pit bulls outside the Kohl’s department store on Green Meadows Road. As the officers approached, one of the pit bulls became aggressive and came toward an officer, Harlan Hatton, according to the Tribune. Hatton fired three shots, hitting with all of them, and the pit bull was killed.

The other dog ran away only to later be brought in to animal control.

The owner of the dogs, Dakota Crites, 18, was arrested on suspicion of third-degree assault and obstructing a government operation.

Missouri law holds owners of dangerous dogs responsible for the injuries that can be caused by those animals. The most common type of animal attack in Missouri is a dog bite. Many municipalities have proposed legislation to outlaw certain breeds, such as pit bulls, to reduce the number of dog attacks. Columbia has not enacted these restrictions.

An estimated 800,000 people in the United States are treated for dog bites and an average of 20 die each year. The most common victims are children, who account for more than 60 percent of all dog bite cases.

In Missouri, owners of dangerous animals can be held strictly liable for injuries caused by known dangerous animals. This means an owner does not have to be negligent in order to be held legally responsible for injuries caused by their animal. The mere fact the dog or other animal caused an injury is enough to impose liability in a personal injury lawsuit.

Posted On: April 25, 2009

Two injured in St. Charles, Missouri car accident

Kendra Moore, 26, and Lakishia Wells, 24, were both hospitalized after a three-car accident Friday afternoon on westbound 70 in St. Charles.

Moore and Wells were traveling in a 2005 Nissan Altima followed closely by two other vehicles, according to the Missouri State Highway Patrol. One of the other vehicles, a 2004 Saturn Ion driven by Amy Smyth, 31, failed to slow with traffic and rear-ended a 2003 Honda Civic in front of it. The Civic was forced into Moore’s Altima, causing the injuries.

Moore and Wells were both taken to Barnes Jewish Hospital in St. Peters, Missouri for treatment. None of the other drivers were listed as having sustained significant injury.

According to the investigating officer that filed the initial crash report, Smyth was inattentive and failed to keep a proper lookout to her front which most likely would have prevented the accident.

While the initial crash report is just the opinion of the officer, a Missouri personal injury attorney will look at the physical evidence of the crash and be able to collect damages for those injured by another’s negligence.

Posted On: April 24, 2009

3 car Missouri crash hospitalizes 4 in Lawrence County

Four people were injured, two seriously, after a three car injury accident on Missouri 96 on Friday afternoon.

The Missouri State Highway Patrol says the accident occurred just west of Phelps, Missouri when a 2002 Dodge Dakota, driven by Derick Sifferman, 19, slowed to make a turn. A second vehicle, a 2007 Ford Mustang driven by Sally Suschnick, 64, attempted to pass the slowing truck, but rear-ended it instead. While Sifferman managed to maintain control of his vehicle, Suschnick’s car crossed the center line and crashed head-on into a 2006 Chevrolet Impala, driven by Brandie Bogle-Smith, 26.

Bogle-Smith and a her passenger, Misti Wald, 26, were both seriously injured and taken to Freeman Hospital. Suschnick sustained moderate injuries and her passenger, Mikayla Bartlett, 12, suffered only minor injuries. Both received treatment at Freeman hospital. Sifferman was uninjured.

Thankfully, all those involved were wearing seatbelts.

More information must be gathered about this crash by a car accident attorney before any liability can be established. The initial report makes it seem as if Suschnick was not paying attention to Sifferman’s vehicle, but an experienced personal injury attorney will follow up on the initial crash report and examine all the facts of this Missouri crash.

Posted On: April 22, 2009

Charges pending after Missouri injury accident

A Missouri man was seriously injured Wednesday afternoon after a two car accident on Missouri 52 in Benton County, Missouri.

William Case, 51, was traveling eastbound on Missouri 52 in a 1994 Nissan Pathfinder and attempted to make a left turn onto Route A just before the accident. As Case slowed to turn, a 1995 Chevy S-10, driven by Levi Riley, 18, rear-ended Case’s car. The force of the impact sent Case’s off the roadway and into an embankment where it overturned. Riley’s truck remained in the roadway.

Case sustained serious injuries and was taken to Boswell Medical Center for treatment. Case was uninjured, according to the Missouri State Highway Patrol.

The investigating officer indicated that an investigation into the accident is ongoing and that charges are pending.

Riley was driving his vehicle without proof of insurance.

Once the investigation has concluded and charges are filed, a Missouri car accident attorney will be able to use that information should a personal injury lawsuit arise from this Missouri car crash.

Posted On: April 21, 2009

Rear end Missouri car crash hospitalizes St. Louis woman

Nermina Mehmedovic, 34, was injured Tuesday afternoon when her vehicle was rear-ended in a St. Louis area car accident.

According to the Missouri State Highway Patrol, Mehmedovic was traveling southbound in a 1998 Chevrolet Venture on Interstate 270 when she had to slow for traffic congestion. Following behind her was a 2001 Ford Explorer, driven by Richard Garavaglia, 23. Garavaglia failed to stop for the traffic and struck the rear of Mehmedovic’s car.

Mehmedovic was taken to St. Anthony’s Hospital for treatment. The investigating officer did not specify whether Garavaglia sustained any injuries.

The information in the initial crash report will need to be backed up by further investigation by a St. Louis area personal injury lawyer, but the type of crash is significant. Due to what car accident attorneys refer to as the “rear end collision doctrine,” negligence is assumed on the part of the at-fault driver in rear end collision cases.

Posted On: April 20, 2009

Fiery crash sends four to hospital in Mid-Missouri

Photo from Columbia Tribune
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Four people were injured Sunday afternoon in a crash involving two cars and a tractor trailer on Interstate 70 in Boone County, Missouri.

The Missouri car crash began when James Jantz, 45, lost control of his 2001 Ford Crown Victoria and began to hydroplane on eastbound I-70, according to the Missouri State Highway Patrol. Jantz’s car struck another eastbound vehicle, a 2006 Mazda driven by Kelly Brown, 23.

Jantz’s vehicle continued to spin out of control before hitting a guard rail and finally coming to a rest in the median. The impact of the initial crash caused Brown’s car to go through the median cables into the westbound lanes of I-70 where it struck a 2007 Freightliner tractor trailer head on.

The tractor trailer also ran off the roadway after the impact, hit two signs, overturned and was engulfed in flames.

Brown and passenger in her car, Chad Bingheim, 24, suffered serious injury and were taken to University Hospital in Columbia, Missouri. The driver of the tractor trailer, Mohammed Ali, 28, and a passenger, Pamelia Ali, 39, suffered moderate injuries and were also taken to University hospital. Jantz was not injured according to the initial crash report filed by the Missouri State Highway Patrol.

This complicated crash needs the attention of an experienced Missouri personal injury lawyer. The brief description in the initial crash report can’t come close to fully detailing all the events leading up to the crash. The speeds of the vehicles, the conditions of the median barriers, and the road conditions are all factors that will need to be investigated.

Posted On: April 18, 2009

Changes to “Missouri Plan” for judicial selection are being debated

The Missouri House of Representatives has given initial support to a plan that would alter the way Missouri selects judges for its Supreme Court and Court of Appeals.

The current plan, called the “Missouri Plan” or “Nonpartisan Court Plan”, has been in place since 1940. Under the current plan, a special commission nominates three candidates for judicial vacancies and forwards the names to the governor. This commission is made up of lawyers, residents, and the state Supreme Court chief justice. The governor then has sixty days to select one or the committee will make the selection. The judge that is selected must then stand in a retention election after completing one year of service.

The new plan being debated would add another citizen to the commission and would make the commission select four candidates to recommend to the governor. The governor could then veto the initial group of candidates and force the committee to select another. All the hearings and votes made by the commission would be made public and applicants would be posted online.

Opponents of the current Missouri Plan welcome the proposed changes and say that the current selection process gives too much power to lawyers who influence the selection process. The American Tort Reform Association and the Wall Street Journal have recently made criticisms of the Missouri Plan.

Supporters of the current system say that those asking for reform only want to target the Missouri Association of Trial Attorneys. Tort reform groups seem to view “trial lawyer” as a nasty term and work to limit the damages that can be awarded by personal injury lawsuits among other reforms. Rep. Steve Brown (D-St. Louis) was quoted in a MissouriNet report asking for reformers to name just one unqualified judge selected by the plan.

The proposal for changes would need to be approved by the senate and go to a vote of the people before taking effect.

Posted On: April 16, 2009

Injury accident in central Missouri sends two to hospital

Morgan Folks, 19, and Robert Holland, 57, were both injured when the cars they were driving collided Thursday afternoon at the intersection of Route A and Route C in Camden County, Missouri.

According to the Missouri Highway Patrol’s initial crash report, Folks was traveling westbound on Route A in a 2005 Volkswagen and Holland was traveling southbound on Route C in a 2001 Lincoln as both vehicles approached the intersection. Holland attempted to make a left turn onto Route A and in doing so, pulled directly into the path of Folks’ car. The front end of Folk’s car crashed into the front end of Holland’s.

Folks suffered serious injuries and was flown to University Hospital for treatment. Holland was taken by ambulance to Lake Regional Hospital with moderate injuries.

Both drivers were wearing seatbelts.

The wording of the initial crash report seems to indicate that Holland was negligent in pulling out in front Folks and caused this Missouri car accident. The initial report, however, is not very detailed and does not stand up as evidence should a personal injury lawsuit arise from this crash. An experienced Missouri car accident attorney will need to review all the details of the wreck before liability can be determined.

Posted On: April 15, 2009

Tractor trailer driver charged with fatal crash

Photo from STLtoday.com
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Jeffrey R. Knight, 49, was charged with three counts of involuntary manslaughter for a massive tractor trailer crash on highway 40 last year, according to the St. Louis Post Dispatch.

The crash, which we’ve previously commented on, killed three people and involved 11 vehicles, including Knight’s tractor trailer. 15 others were injured.

According to officials, Knight was distracted by his cell phone just before the fatal St. Louis area crash. He had reached across his dashboard to pick it up and when his attention returned to the roadway, his tractor trailer was right upon a line of cars that had stopped for traffic.

Knight had a clean driving record prior to this accident and tests concluded that neither drugs nor alcohol were involved.

Posted On: April 13, 2009

Chemical plant explosions seriously injures man in St. Charles

Photo from STLToday.com
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A worker at the SantoLubes plant in St. Charles, Missouri was seriously injured and covered in burns after an explosion late Sunday night in one of the chemical plant’s buildings.

According to the St. Louis Post Dispatch, Robert Exner, 57, was mixing chemicals in a large tank when it exploded around 10 p.m. Fortunately, company officials speculate that Exner may have been walking away from the tank when it exploded which saved him from more serious injury or even death.

As it was, Exner was burned over 30 percent of his body and taken to St. John’s Mercy Medical Center in serious condition. An unidentified paramedic also suffered minor injuries in responding to the explosion.

The blast delivered massive damage to the chemical plant and started a fire that destroyed many of the chemicals inside.

Investigators are still looking into the cause of the explosion. Officials from the Occupational Safety and Health Administration will be on site to try and determine what exactly happened and if the explosion could have been prevented.

Since it is so early in the investigation, it is not yet known if negligence on the part of the chemical company or Exner himself caused the injury accident. Should a workers compensation claim be filed in this case, however, Exner will not have to prove negligence on the part of his employer. Under Missouri workers compensation law, all you have to do is prove that you sustained an injury at work and that the nature of the work was the prevailing factor in the injury. A St. Louis area personal injury attorney may be called in to help facilitate the claim, should one be filed.

Posted On: April 9, 2009

St. Louis County crash injures two on I-44

Two people were injured Thursday in a Missouri car crash on Interstate 44 in St. Louis County.

According to the Missouri State Highway Patrol, Caleb Schmidt, 30, was traveling westbound on I-44 in the middle lane when he swerved to the right. As Schmidt swerved, the front end of his 2001 Ford F250 struck the left rear of a 2003 Pontiac Grand Prix, driven by Geneva Hinkle-Ali, 45. Hinkle-Ali’s car spun out of control and off the roadway. Schmidt’s vehicle also spun out of control and overturned on the side of the road.

Hinkle-Ali was taken by ambulance to St. John’s Mercy Medical Center for treatment of moderate injuries. Schmidt’s injuries were less severe, but he was also transported by ambulance to St. John’s for treatment.

Looking at the case from a St. Louis personal injury lawyer’s perspective, there are some details that still need to emerge. The initial crash report does not indicate why Schmidt would suddenly swerve to the right. The report sounds like he swerved quickly as if avoiding debris or another car in the roadway, but it does not say that specifically. Also, the report does not specify the speed of the two vehicles. If Schmidt was simply negligent in changing lanes, he may be liable for damages should a personal injury lawsuit arise.

Posted On: April 7, 2009

Missouri woman killed after two pickup trucks crash

Sandra Moore, 46, was killed Tuesday afternoon when her 2003 Chevrolet Pickup collided with another truck on Highway 61 in Lincoln County, Missouri.

The accident occurred around 1:30 p.m. at the intersection of Highway 61 and Cannonball Road, according to the Missouri State Highway Patrol. The second truck, a 1997 Ford F150 driven by Linda Grummel, 51, was heading eastbound on Cannonball Road and attempted to cross Highway 61. As Grummel crossed the highway, she drove her truck into the path of Moore’s truck and stuck the driver’s side. Moore’s truck overturned and she was ejected from the vehicle.

Moore was pronounced dead at the scene. Grummel suffered only minor injuries and sought treatment at St. Joseph’s Hospital West.

Moore was not wearing a seatbelt, according to the initial crash report.

The initial crash report is only considered hearsay when it comes to finding fault in an accident. In fatality accidents, an accident reconstruction will be performed to detail the events of the crash. From the way the initial report is written, it would appear that Grummel may be at fault, but there are some inconsistencies in the report about the direction of the vehicles. Regardless of what the initial report says, further investigation by a Missouri car accident attorney and local authorities will be needed to get a clearer picture of how exactly this fatal Missouri crash occurred.

Posted On: April 5, 2009

St. Louis man never charged after fatal car wreck

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A cautionary tale about statutes of limitations was printed in the St. Louis Post Dispatch today.

The Post Dispatch reported on the story of James Barge, 29, a man who was involved in a fatal car accident four years ago. According to the report, an earlier accident on Interstate 170 in February 2005 blocked two lanes of traffic. Damon Covington, 58, was driving a little behind the accident and stopped to offer any assistance he could. That’s when Barge’s car crashed into the wreckage and killed Covington.

Barge was taken to a local hospital and submitted to a sobriety test that, while conducted hours after the accident, showed that Barge was likely over the legal limit at the time of the crash.

Despite the sobriety test results and a police report stating that Barge’s speeding kept him from avoiding the crash, Barge was not prosecuted and didn’t even get a speeding ticket, according to the Post Dispatch.

Authorities have three years under Missouri law to file criminal charges and due to oversights and miscommunication among the Missouri State Highway Patrol, no criminal charges were ever filed. Now that the deadline has passed, no charges ever will be filed.

This is an example of why you shouldn’t wait if you are involved in a Missouri car accident that causes you or someone you love serious personal injury. While the report described above was dealing mainly with the criminal charges, there are similar laws regarding personal injury and wrongful death lawsuits.

Under Missouri law, the statute of limitations on personal injury and negligence cases is typically five years with the Discovery Rule. Medical malpractice is two years and product liability is five years. The specifics of a case may affect the timeline, but these are the rough guidelines.

Don’t wait to contact a personal injury lawyer if you have been injured by someone else’s negligence. Wait too long and all you are doing is forfeiting your own rights.

Posted On: April 3, 2009

Missouri motorcycle crash injures couple

Randy and Brenda Youngblood, 50 and 41 respectively, were hospitalized Friday morning after a Missouri motorcycle injury crash in Shannon County.

While the full details of the crash are not known, an initial crash report was filed by the Missouri State Highway Patrol. According to the investigating officer, the Youngbloods were riding a 2004 Suzuki Motorcycle northbound on Highway 60 near Montier, Missouri. A 2003 Ford F-150, driven by Donna Smith, 36, was traveling eastbound on Route U and attempted to pull onto Highway 60. Smith’s pickup pulled out in front of the Youngblood’s bike and Randy Youngblood was unable to avoid crashing into the passenger side of the truck.

Both Randy and Brenda Youngblood were taken by ambulance to St. Francis Hospital for treatment. Fortunately, they were both wearing helmets or their injuries could have been much more serious or even fatal.

The initial crash report seems to indicate that Smith pulled out in front of the motorcycle because she didn’t see it coming. This is a common problem on the roadways of Missouri that has lead to numerous other personal injury lawsuits. Many drivers, particularly in large pickups or SUV’s, cause accidents because they don’t see the much smaller motorcyclists and negligently pull in front of them.

More investigation by authorities and a Missouri motorcycle accident attorney will be needed before liability is known in this Shannon County crash.