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Personal Injury Law

Missouri Injury Lawyer Blog

Missouri injury and accident Law including car accidents, medical malpractice, defective medical devices, burn injuries, and product liability.
By Jeff Lowe, Esq.

Post Frequency: 1.4/day

Last Entry: March 30, 2011 at 03:41:30

Metrolink Case Spurs Wrongful Death Claim

Posted on March 30, 2011
The family of Anastasia Bolton has filed a $5 million wrongful death claim in the case of her September 2010 death, when Bolton was hit and killed by a Metrolink Train after apparently falling asleep on the tracks. The same accident also killed Daniel Atkins of Mission Viejo, California, and injured Silvia Lua of Santa Ana, California...

Airman From Scott AFB Found Guilty of Killing Fellow Airman With Drunk Driving

Posted on March 24, 2011
As a southern Illinois car accident attorney, I was saddened to read about the outcome of a trial for an Air Force enlistee accused of drunk, reckless driving and speeding in the death of another airman. Airman First Class Kevin Books, 20, was found guilty of multiple counts at a court martial at Scott Air Force Base, outside Belleville, Ill...

Mother's Wrongful Death Suit Ongoing

Posted on March 23, 2011
A mother's wrongful death lawsuit against the Bowling Green Kampgrounds of America continues to unfold, with attorneys adding new parties to the lawsuit and taking numerous hours of depositions from witnesses for the defense and plaintiff alike. Valen Humphrey has charged KOA with acting negligently when her son, Tristan Morrison, then 4, drowned in a pool on KOA property in June of 2009...

Domestic Workers Unprotected From Workplace Hazards, Law Professor Argues

Posted on March 17, 2011
As a southern Illinois personal injury attorney, I was interested to see an article on unaddressed workplace hazards faced by domestic workers ? people who work in other people?s homes. The paper by Washington University in St. Louis law professor Peggy Smith discusses hazards to workers including cleaners, childcare workers and home care workers for the disabled and elderly...

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High Court Overturns Lower Court Ruling in Wrongful Death Suit

Posted on March 16, 2011
The Missouri Supreme Court has ruled that a psychiatrist's testimony is admissible in a wrongful death case against an orthopedic surgeon, and that the lower level courts should not have dismissed the evidence from consideration. Gerald Kivland filed a medical liability lawsuit in 2005, naming Robert Gaines and the Colombia Orthopaedic Group LLP as defendants...

Former Police Officer Gets 8 Years in Prison for DUI Deaths of Four Students

Posted on March 11, 2011
Back in December, I wrote about the guilty plea of a former Sunset Hills police officer in the deaths of four students and serious injury to a fifth. That?s why, as a southern Illinois auto accident lawyer, I was interested to see a March 10 report from the St...

Wrongful Death Suit Results in $5 Million Settlement

Posted on March 09, 2011
Peoria-based OSF St. Francis Healthcare Systems has agreed to a $5 million settlement deal with the estate of Richard J. Berry of Streator, Ill., in a wrongful death lawsuit stemming from his death in 2009. The settlement was approved by circuit Judge Joseph Hettel earlier this week, with Hettel dismissing the remaining case once both parties agreed to the settlement...

Kansas City Report Compares Missouri?s Guard Cables to Lack of Divider in Kansas

Posted on March 03, 2011
As a St. Louis auto accident lawyer, I?ve written here at least once before about the installation of guard cables along highways in Missouri, which MoDOT sees as a life-saver but others do not. That issue moved a bit to the west this week when Kansas City?s KCTV reported March 1 on the issue of guard cables in neighboring Kansas, where the cables are deployed only where the state Department of Transportation believes they?re cost-effective...

Parents Demand Action in Wrongful Death Case

Posted on March 02, 2011
Some cases come up that are simply absurd to consider. Our legal system has had two hundred years of precedents to grow through, and as a result there are some very old, very upsetting laws that remain on the books and result in terrible outrage and increased scrutiny from time to time...

Illinois Professor Stands By His Work on Unintended Acceleration in Toyota Vehicles

Posted on February 24, 2011
I wrote a few weeks ago, as a southern Illinois auto accident lawyer, about the federal study suggesting that electronic throttle systems aren?t responsible for unintended acceleration in Toyota vehicles. So I was very interested to see a Feb. 23 article in the Chicago Tribune about a family that is undeterred by the report ? they still believe their father?s death was caused by an electronic problem, not by driver error...

Fatal Crash Leads to Wrongful Death Suit

Posted on February 23, 2011
Surviving family members of a Beaver Dam, Alaska, woman killed in an auto crash on November 28 have filed a wrongful death suit against multiple parties. 22-year-old Diamond M. Avalos was riding in a 1996 Honda Civic driven by Guadalupe Rodriguez Jr...

Husband Sues Wife for Wrongful Death

Posted on February 16, 2011
In a recent tragic case, a man sued his wife for the wrongful death of their son, claiming that she acted willfully in suffocating the child to death. Lloyd Rochester is suing Stephanie Rochester; both are residents of Superior, Colorado. According to Lloyd's attorneys, Stephanie deliberately chose to put a plastic bag and blankets over her son's head and hold them down until he expired...

Multi-Piece Wheel Explosion Kills Fenton Missouri Man

Posted on February 15, 2011
Multi- Piece wheels have been killing and injuring people who work on them as well as bystanders for years. Despite each multi piece wheel is unique and has different issues that can make it dangerous for people working on the wheels to take them apart and reassemble them safely...

Family of Mother and Son Killed by Drunk Driver Suing Bar for Over-Serving Him

Posted on February 15, 2011
About two years ago, I wrote a blog post as a southern Illinois auto accident attorney about the unnecessary deaths of three people in a drunk driving accident. So I was interested to read in the Alton Telegraph Feb. 13 that the family of two of those killed is suing a bar they say served the driver too much alcohol...

Wrongful Death Lawsuit Filed Against Son of Former California Assembly Speaker

Posted on February 09, 2011
The parents of Luis Santos filed a wrongful death lawsuit against several parties late last week, including Esteban Nu�ez, the son of former California Assembly speaker Fabian Nu�ez. Nu�ez and several friends, all also named in the suit, began a street brawl when they were told they were not permitted into a fraternity party in 2008...

Federal Report Rules Out Electronic Throttle Controls in Unintended Acceleration Cases

Posted on February 09, 2011
As a Missouri product liability lawyer, I have been very interested in the reports of unintended acceleration in some late-model Toyota and Lexus vehicles. As I?ve written here in the past, news reports have found an unusually high number of those vehicles involved in incidents when the vehicle seemed to accelerate out of control, often with the driver standing on the brakes to stop it...

Trial Opens in Lawsuit by City of St. Louis and Hospitals Against Tobacco Companies

Posted on February 04, 2011
As a St. Louis product defects attorney, I was very interested to read about the start of a trial that pits St. Louis-area medical providers against tobacco companies. The St. Louis Post-Dispatch reported Feb. 1 on the opening statements in the case. The long-running case was originally filed in 1998 by medical care providers claiming tobacco companies should pay the costs of treating patients who couldn?t or didn?t pay their medical costs...

Wrongful Death Lawsuit Settled for Half a Million

Posted on February 02, 2011
The wrongful death lawsuit filed on behalf of Reora Askew against the police officer who shot and killed her has been settled more than three years after the fact for a total of $500,000. In September of 2007, officers received a call that Askew was threatening passengers on a Philadelphia bus with a knife...

Driver in Minor Accident Thrown to Death When Another Vehicle Hits His Parked Car

Posted on January 28, 2011
As a southern Illinois auto accident lawyer, I was sorry to see a report about a St. George man who was killed in a downtown St. Louis crash. Zeljko Landup, 43, was thrown from an elevated portion of highway after he pulled into the left lane of Interstate 55 to deal with a fender-bender...

Boston Scientific's Guidant Corp. Hit With $296 Million Fine Over Faulty Defibrillators

Posted on January 26, 2011
Guidant Corp.'s heart defibrillators have been linked to 13 medical device injuries ending in death. On Wednesday, a federal judge approved an agreement which calls for Guidant, now part of Boston Scientific, to pay $296 million. On top of what may be the largest criminal penalty in a medical device case, Boston Scientific will serve three years? probation...

Rock Climbing Case Reaches State Supreme Court

Posted on January 19, 2011
It often takes a frustratingly long time for justice to be done. Eight years after a tragic rock wall climbing accident took the life of a University of Missouri student, the wrongful death lawsuit filed on her behalf has been heard at the Missouri Supreme Court...

Parents of Teenagers Killed in Crash With Speeding Trooper Win $8 Million Verdict

Posted on January 19, 2011
Our St. Louis car wreck attorneys have written here before about the accident that took the lives of two young women from southern Illinois. Jessica Uhl, 18, and Kelli Uhl, 13, died in a crash caused by a former Illinois State Trooper who was allegedly speeding and distracted...

Fraternity Sued After Hazing Party

Posted on January 12, 2011
Stillwell, Kansas, resident Matt Fritzie is suing the Kansas University fraternity Phi Gamma Delta for injuries he claims he suffered after being forced to dive into a frat-constructed swimming pool as part of the fraternity's annual Fiji Island pledge party...

Illinois Man Hospitalized After Accidents With Hit-and-Run SUV and Snowplow

Posted on January 12, 2011
As a St. Louis pedestrian accident attorney, I was sorry to read about a man who was hit by not one but two vehicles as he walked down a snowy southern Illinois road. The Belleville News-Democrat reported that Richard Hicks, 25 and of Edwardsville, was hospitalized in critical but stable condition after he was hit by both an SUV and a snowplow...

Judges Dismiss ?Fore!? Case

Posted on January 05, 2011
A New York court recently ruled that it is unreasonable to expect to hear ?Fore!? in the case of every single stray ball that might threaten on the golf course. Neurosurgeon Azad Anand was playing golf with a friend of his in October 2002 when a stray ball hit him in the head...

Insurance Companies Join Drivers With Sudden Acceleration Lawsuits Against Toyota

Posted on January 05, 2011
As a Missouri auto defect attorney, I have followed the news about the Toyota sudden acceleration problems with great interest. As you might remember, regulators focused their attention on Toyota vehicles in 2009 after evidence emerged showing that Toyotas had an unusual number of accidents blamed on acceleration the drivers didn?t intend...

Family of Motorcycle Crash Victim Sues

Posted on December 29, 2010
The family of Centralia, Missouri, resident Michael Heaston has filed a wrongful death suit against both the City of Colombia and bus driver Archie Smith Jr. Heaston was killed this summer when he struck the bus Smith was driving while riding his motorcycle...

Haunted House May Have Triggered Asthma Death

Posted on December 22, 2010
Durand Tyler of Anchorage, Alaska, has filed a wrongful death suit against a St. Louis haunted house on behalf of his daughter, whose death he claims was a result of the haunted house's atmosphere triggering her asthma into a fatal attack. 15-year-old Bellville resident Brittney Holmes was visiting the attraction, called The Darkness, in October of 2009 as part of Halloween celebrations...

Police Officer Pleads Guilty to Manslaughter in DUI Crash That Killed Four People

Posted on December 22, 2010
As a Missouri drunk driving accident attorney, I?ve written here before about the sad case of Christine Miller, a Sunset Hills police officer who is accused of causing a fatal DUI crash. Miller was off duty when she allegedly drove drunk on the wrong side of the road, causing a head-on crash that killed four people and severely injured a fifth...

Mind Your Letters?

Posted on December 15, 2010
The medical profession is one that we as a society have benefited immensely by. Diseases that crippled people just two generations ago are now virtually nonexistent in the general population of nations with access to high standards of medical care. However, this atmosphere of medical accomplishment can bring with it an air of permissiveness that does not serve patients well, and in fact can seriously endanger their lives...

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