Missouri Injury Law Blog

As previously discussed on this blog and on behalf of an anonymous victim, St Louis personal injury lawyer Ben Sansone is pursuing personal injury claims of invasion of privacy seeking compensatory and punitive damages against Jack Eigles, as well as various claims against Corporate Cash Flow Solutions. See Missouri Injury Lawyer Blog entry

Recently, Jack Eigles was convicted of three counts of Felony invasion of privacy and sentenced to 120 days shock jail time, 5 years probation, with 4 years jail time possible if he fails to complete probation. See Article Detailing Plea and what transpired in court

St Louis West County Journal Article discussing St Louis Personal Injury Lawyer Ben Sansone's involvement with the civil case.

My client, James Hunt, was assaulted by the police when they were investigating "suspicious activity" outside his house. The police claim they simply asked him to verify the people outside of his house were an acquaintance. The real story, is that the police (part of an aggressive "crime suppression" squad) assumed two black people in a car waiting for James were burglars, and upon James answering the door they assumed he was a burglar and assaulted him. Soon after the police realized their mistake and tried to get James to agree to forget about it, he refused and said he was going to get a lawyer.

So, what is the best way to cover up a police assault on an innocent person? Charge him with a crime, claim he assaulted the police without provocation, and get six other officers to all back the story up. The prosecuting attorney's office is pushing the case because a guilty plea or verdict will effectually destroy any civil case James may have against the police. That is why this criminal case is so important, without a victory here the civil personal injury case is done.

Well, the police story is so ridiculous, that after police testimony the only defense was Jame's own testimony. The jury became deadlocked and refused to convict James.

See St Louis Post dispatch story by Heather Ratcliffe - "Jury Deadlocked in case involving fracas with police"

Jury deadlocks in case involving fracas with police
By Heather Ratcliffe
ST. LOUIS POST-DISPATCH
10/17/2008

St. Louis — A jury deadlocked Wednesday on whether a man assaulted St. Louis police who went to his home last year to ask what he knew about people sitting in a van in the alley behind his house.

Defendant James Hunt, 53, countered that officers ordered him out of his home and beat him without provocation. Police said Hunt started it by grabbing an officer's shirt. The jury gave up after about four hours of deliberation.

Hunt is charged with third-degree assault, a misdemeanor.

Officer William Clinton testified that he had noticed the van in the Benton Park West neighborhood about 6 p.m. May 11, 2007, while patrolling an area hit by a rash of burglaries. He said the man and woman in the van claimed they were waiting for Hunt.

Officers handcuffed the two and knocked on Hunt's back door to verify the story. They said Hunt became agitated, cursed and grabbed Detective Ron Martin by the shirt.

"I defended myself," Martin testified Wednesday. "I hit him twice to get him off me." Officers said they handcuffed Hunt and put him in a patrol car.

Hunt told a much different story.

He said officers asked him outside without saying why and that Martin threw a punch. "When the officer swung at me, I ducked and it (obscenity) him off," Hunt said. He said Martin responded with more punches.

Hunt claimed Martin jabbed him in the face with the end of a crowbar three times; he showed jurors pictures of his swollen face.

"Look at all the problems I got for answering my door," Hunt said.

Hunt filed an internal affairs complaint with the police. Officials ruled it unfounded, and the case was closed.

Hunt said police may have seen family photos belonging to his girlfriend, who is white, and presumed that Hunt, who is black, was a burglar.

Only after officers found his house keys did their demeanor change, he said. They offered him a cigarette, he said.

"They asked me how I wanted to deal with this," Hunt testified. "I told them I was going to get a lawyer."

See article discussing potential claims or lawsuits arising from St Louis Missouri premise liability resulting from Arch tram cable snapping. St Louis Countian Article 8/11/2008 by Kelly Wiese - Article regarding St Louis Personal Injury Lawsuits and analysis by attorney Ben Sansone.

"Last summer, as tourists were being carried up to see the view from atop the Gateway Arch, a cable snapped in the tram, knocking out power and trapping visitors for a few hours.

With a new report out blaming the National Park Service and its contractors for the cable problem, some are watching to see if litigation starts popping up.

A search of court records in both St. Louis Circuit Court and the federal Eastern District of Missouri court did not reveal any lawsuits filed so far against either the National Park Service, as the Arch grounds are a national park, or Metro, which operates the trams. The park's deputy superintendent, Frank Mares, also said it has not been sued over the cable break.

Personal injury lawyer Benjamin Sansone of St. Louis said he wasn't aware of any lawsuits filed over the accident at this point, but noted the report might be just the ticket for a lawyer with a borderline case.

"Now you've got this report from a third party saying somebody did something wrong: You just made my job a lot easier," he said.

Such a case likely would be filed under the Federal Tort Claims Act, he said. The good news there for plaintiff lawyers is the statute of limitations is two years, so people involved in the July 2007 incident still have time. Sansone also said it does not appear the park service would be protected by sovereign immunity if a lawyer could prove some negligence.

"The cable broke. That tells me someone did something wrong," he said.

Under the tort claims act, a person would first file a claim with the federal agency, which has six months to investigate and either deny or settle the claim. After that, a plaintiff can bring suit in federal court.

"There's a case there. Now the whole issue is whether or not the damages justify the pursuit of that," he said.

Sansone said in a case like this, without much physical injury, it could be hard to bring a claim for emotional distress. He said he would not accept the case if a potential client came to him without physical harm but claiming emotional distress and nightmares from the event. But, he said, other lawyers certainly could try.

And more than the people stuck inside the Arch could have reason to seek to recoup something.

Metro, which runs the trams, is looking at its options to recoup lost revenue from the eight-month period when one of the two trams was shut down for repairs. Justin Struttmann, director of operations at the Arch for Metro, said the agency was waiting for the report to be complete to start figuring its claims.

"We are pursuing our options with our insurance company for our business interruption claim," he said.

According to the Gateway Arch Web site, about 1 million visitors ride to the top in a typical year. Last year it was less than 800,000 because of the closing, park officials said. Tram tickets for adults are $10 apiece; children are $3 to $7.

"We're still in the early stages of it since we just recently got this report," he said, adding that Metro officials are working to estimate their revenue losses and costs incurred."

ARTICLE featuring Benjamin Sansone - Published in St Louis Daily Record, 10/23/2007

Until recently, blood samples taken from alleged drunk drivers had to be drawn using a non-alcoholic swab. Generally, officers carried evidence packs and medical technicians and nurses had easy access to non-alcoholic swabs and sterilization liquids. It was never a problem until recently a St Louis politician allegedly had his DWI charges dropped simply because of the use of the alcohol swab. I find that difficult to believe in that particular case as there was ample evidence to proceed without a blood test against the politician; however, it has now been used as an excuse to curtail every one's rights

Previous Blog Entry regarding use of Alcohol Swabs and the Legislature Changing the Law to allow Samples Obtained Using Alcohol Swabs.

Missouri Injury Law Blog was named as one of the best blawgs. See entry below from the August 26, 2007 issue of the St Louis Daily Record.