Missouri Injury Law Blog

Working for a cyclist and a personal injury attorney I have become well aware of the dangers of bicycling on the roadways and the risk of being injured by inattentive drivers. See St Louis Bike Accident Lawyer Article, discussing common causes of bike accidents.

People toss around the phrase "this is my right" so heedlessly, that they not only forget what it actually means to have a right, but in doing so they have managed to squander the very conviction of the word. Furthermore, it appears that a strong belief in one's right primarily manifests itself when filing a personal injury lawsuit. At that time, everyone clamors about to prove their rights have been violated in some way which, in turn, caused injuries and pain and suffering so severe that it can only be healed with a Band-Aid generally made of dollar bills. Indeed, compensation may be, and typically is, the correct solution. However, having a clear understanding of one's rights is crucial to any motorist wishing to have a better chance of survival on the roads - I believe more specifically applicable to cyclists - as well as a better chance of winning your bicycle accident case.

I've been reading a great book on the legalities of bicycling, aptly named Bicycling & The Law, by Bob Mionske, J.D. In fact, Mr. Mionske summarizes this thought completely in a chapter wholly dedicated to the rights and duties of the cyclist. He states, "...duties are the flip side of rights; with rights come duties", and "your right to the road is not absolute, nor is theirs - you owe a corresponding duty to every other person not to infringe upon their right to the road, just as every person owes you the same duty."

You should know exactly what your rights and duties as a fellow driver are. You have a duty of care. This is to say that you, as a cyclist, will not impose an unreasonable risk of harm onto another person/driver. You have the duty to allow other drivers to conceivably assume that you will obey all traffic laws and not intentionally put them at risk of injury; just as you have the right to assume the same from those same drivers. As a part of this right, if another driver violates this duty of care, you may hold them liable by filing a bike injury lawsuit.

As stated in a previous blog, another principal of cycling is to know your state's laws. You can easily find Missouri's bicycle laws (http://mobikefed.org/statutes) on the web. This is only a general overview, but it is important to hire an experienced attorney when discussing specific issues such as: assumption of risk; following too closely; proper stops; intersection crashes; and bike crashes involving suspected DWI offenders, just to name a few.

Missouri employers are required to have Workers' Compensation insurance. A portion of the insurance payments made by the employers go into the Missouri Second Injury Fund or SIF. This fund, though in some financial trouble, currently provides monetary benefits to employees who have sustained injuries in specific circumstances. As all Missouri employers with work comp insurance pay into this collective "pot", to file a claim for benefits from this fund you must specifically file a claim against the Missouri second injury fund, which is represented by the Missouri Attorney General's Office.

Missouri statutes require an injured employee to file a Work Comp claim claim against the Missouri SIF within one year of filing a claim against your employer/insurer or within two years after the work related injury occurred. This benefit is restricted and follows strict guidelines on who is eligible to receive them. Uninsured employers, disability, death, second job loss or wage loss, and rehabilitation benefits are available in the SIF.

If an employer chose not to have workers' comp insurance at the time an employee suffers personal injury or is killed, the SIF may help pay for the medical expenses accrued by the injured employee or death benefits to their family. However, the company will still be liable to pay some of the expenses when the SIF seeks reimbursement. When an employee has a prior disability which is exacerbated by a work related injury, causing them to have a permanent partial or permanent total disability, the SIF can see that the employee is compensated.

During this time of economic woes, a lot of people are required to work two or even three different jobs. If you are injured on one of these jobs and it directly affects the other(s) causing you to miss work, and pay, the SIF may provide benefits to compensate for this. This is the most difficult claim, full of specific technicalities.

On the assumption that lawmakers get their act together and secure the SIF, you need a Missouri Workers' Compensation lawyer that is experienced in these types of claims and their specific regulations.

Article authored by Sansone / Lauber staff paralegal, Erin Mace.

When an injured Missouri employee has been determined to be unable to return to work for a period of time, they are eligible for compensation through a benefit called TTD Benefits (Temporary Total Disability Benefits). See Missouri Workers' Compensation Law, Statute 287.250

This benefit pays employees a portion of their pay when they are temporarily unable to work. There are other compensation plans available for those with a permanent disability under Mo work comp.

A physician must certify that the employee is medically incapable of working for a length of time or able to return to work on a restricted basis. The first three days (the injury date and two days following) are considered a waiting period. Missouri Work Comp Statute 287.260.1. Therefore, the worker will not be paid for this time, unless they remain out of work for more than fourteen days. An employee is able to be reimbursed for two-thirds of their average weekly earnings. Missouri work comp laws have a maximum amount, or cap, that is allowed to be paid to the worker. Keep in mind that even though it is less than a normal paycheck amount, this compensation is tax free. Employees with work related injuries are allowed to receive TTD benefits for up to two years, unless it is a more permanent injury.

These benefits will be continued until such time that the employee returns to work, treatment has reached a maximum improvement level, or they are terminated for post injury misconduct. See Reporting Work Related Injuries and retaliatory termination. If a worker returns to work on a restricted basis and must perform duties which pay less than the full amount that they receive to perform their normal job duties, they are also eligible to receive TTD pay until they are able to return to their regular tasks. Brookman v. Henry Transp., 924 S.W.2d 286 (Mo. App. E.D. 1996).

Continue reading "TTD Pay under Missouri Work Comp - Compensation for Injured Workers Lost Wages" »

When you sustain a work-related injury in Missouri it may be difficult determining your next step. Many employees assume that if is a minor injury there is no point in reporting it to their employer or the employee is afraid if they take any legal action they will lose their job. Unfortunately, we see a lot of these untreated, self-diagnosed, "minor" injuries become long term issues or the case not being worked up properly because the employee is afraid to hire a Missouri work comp lawyer fearing their job will be on the line.

For an employee injured at work, it is important to protect yourself through filing a Missouri work comp claim. It is also necessary to report the injury to your employer within 30 days of the incident. To do this you must provide the date, time, location and full details of how you were hurt to your employer. If you fail to report the work related injury, any future symptoms that arise may not be covered by Missouri work comp insurance. This leaves the injured employee responsible for any medical bills. Moreover, it is illegal for an employer to fire an employee for filing a work comp claim, this is called retaliatory termination.

A Missouri company must file an injury report after a work comp related injury, if they do not, a complaint can be filed with a division of the Department of Labor. Missouri companies that employ at least 5 individuals, full or part time, must carry Missouri worker's compensation insurance. Construction companies require only one employee. So they must not only allow you to file an injury report with them, they must also file that report with the Missouri Division of Workers Compensation. They have 30 days to do this.

After reporting the incident, it is also imperative that you receive medical treatment. Your employer will provide a doctor for you. However, during this time hiring a Missouri work comp attorney is necessary to guarantee all your rights under the Missouri work comp insurance system are asserted. Plus a Missouri work comp lawyer can file the work comp claim for you which gets the claim on file in the Missouri work comp courts. This allows intervention by the courts should there be any disagreements between you and your employer or the doctors they have sent you to. Intervention by the work comp courts fro any disputes, such as, disputes as to medical bills getting paid, necessary medical treatment being denied, and temporary disability pay you are entitled to if you cannot work.

More importantly, you may also have a 3rd party claim in addition to a work comp claim. See $500,000 Settlement - St Louis Work Comp Claim and 3rd Party Liability for Negligence

Continue reading "Reporting Work Related Injuries Under Missouri Work Comp" »

Staff article - by Erin mace

Today’s blog serves a dual purpose. First, I hope that it is informative for those that are seeking information on what to do regarding your potential Missouri or Illinois Personal Injury case. Second, I hope it serves as a caveat to all you neighborhood speeders – mainly the three teens and/or their parents from my neighborhood with whom I have had countless confrontations regarding this very subject.

A St. Charles County woman has settled her Missouri personal injury case with a teen and his insurance company to the tune of $1.15 million dollars. In 2008, the injured woman was struck head on by a 17-year old who was driving 50 mph in a 25 mph neighborhood. The Missouri automobile accident occurred when he crossed the center line while going around a curve. The impact of the crash pushed the woman’s upper body into the dashboard and crushed her lower body causing severe Missouri injuries and leading to a St Louis area personal injury auto claim. As is typical in these types of cases, the negligent driver walked away with bruises, while the injured party underwent several surgeries to repair fractured hip and leg bones. Two years later, she continues to walk with a cane. She has not been able to return to work since the St Charles auto accident and injuries.

During discovery, the plaintiff’s St Louis injury attorney found that the negligent teen driver was covered under his father’s $1 million umbrella policy. Attorney for the plaintiff stated, “That changed our outlook on the case”. It was not information that the family’s insurance company voluntarily provided.

Both parties agreed to the settlement after a Missouri car accident injury mediation. As she did not have medical insurance at the time of the accident, part of the settlement included a stipulation that she would have a portion of the settlement amount put in a Medicaid set-aside trust. This is so she will be able to repay Medicare or Medicade for any future medical expenses.

Missouri law allows an injured party to collect from the negligent party’s umbrella insurance policy. The umbrella policy is set up to protect the insured’s assets, such as a house, boats, etc. If a judgment amount extends over your policy limits, the umbrella policy covers your legal liability. This injured party sustained substantial injuries and was allowed to collect from not only the auto insurance coverage, but also from the supplemental coverage, thereby ensuring her medical bills and future sufferings would be compensated.

A negligent or reckless driver can be held liable for their actions both in criminal and civil courts, as their actions may have violated criminal laws as well as caused personal injury to a victim. As a basic legal tenant, in a personal injury claim for wrongful death, one must pass the “but for” test. This is to say, “this person would not have died, ‘but for’ this defendant’s specific action(s)”. Andy and Debbie Smallwood of Carthage, Missouri were able to see the young man that killed their daughter held accountable in both the criminal court and civilly for personal injury.

The Smallwood's settled a Missouri wrongful death claim resulting from a car accident with auto insurance company American Family Insurance this past Tuesday in their Missouri wrongful death lawsuit against Jarub R. Baird. The parents will receive $25,000 each in compensation for their daughter’s life that was taken 4 years ago.

In December 2006, the negligent and reckless driver was driving a car, full of teenagers, at speeds well over 100 mph. He hit a patch of ice which caused the car to go airborne, hit a telephone pole, run through a barbed-wire fence and continue to roll the length of a football field.

Only one of the three teens managed to secure her seat belt moments before the accident. She, along with the negligent and reckless teenage driver, suffered only minor injuries. One passenger suffered a traumatic brain injury, three broken bones in his hand and a broken femur. Another passenger was thrown through the front windshield and tragically died at the scene of this horrific Missouri car crash.

The driver was charged, and later convicted of one count of involuntary manslaughter and one count of assault in the second degree. The Missouri reckless driver will serve consecutive 4 and 3 year sentences, respectively, in the Missouri Department of Corrections.

See St Louis injury attorney Ben Sansone's Missouri Injury Law Bog Article for a case similar to this one involving high speed driving, involuntary manslaughter charges, and Missouri wrongful death

If your family has suffered a Missouri or Illinois wrongful death or personal injury, please contact experienced wrongful death and personal injury attorney, Benjamin Sansone. This was another avoidable tragedy, but we are glad that not only will the defendant driver be held accountable criminally, but there will also be some type of monetary restitution made to the victims and victim’s family.

A $20 million dollar personal injury lawsuit verdict was awarded this week in favor of the Metheny family of Arkansas. The family filed a medical malpractice lawsuit against the Children’s Hospital’s insurance company, Proassurance Indemnity Company Inc.

In 2004, a 15 year old patient, Cody Metheny, underwent brain surgery in hopes of reducing seizures and the amount of medication he was required to take. During the surgery, representatives of the media were present to observe and photograph the medical procedure. The Gazette ran a pictorial of Dr. Badih Adada reviewing Cody’s brain scans prior to the surgery (as shown above).

Everything seemed procedurally correct. However, four hours into the surgery, surgeons realized they had been removing pieces from the wrong side of his brain, obvious medical negligence causing severe brain injury and associated symptoms. As soon as the surgical staff realized what they were doing, they immediately contacted the top four people connected to the hospital: the CEO, vice president, risk manager and nursing supervisor. At that time they performed a second operation on the correct side of the brain. They did not, at any time, contact Cody’s parents. “All those people knew, but the family didn’t know,” said Grant Davis, attorney for the family.

The medical malpractice lawsuit alleged, among other things, that the mistake permanently changed Cody’s personality and behavior; the surgical team did not perform all of the hospital’s pre-surgery protocols; and the doctors failed to notify Cody’s parents of the mistake.

The Metheny’s found out about the doctors' negligence by accident when, 15 months later, they took their son to another hospital for a second opinion on Cody’s recovery and changes. The jury returned a unanimous verdict – in part because of the lack of honesty from the hospital.

We have discussed how open communication between doctors and patients is invaluable. This case further proves that hospital cover-ups not only still happen, but are ultimately detrimental to the reputation of the facility and its bottom line.

St Louis personal injury lawyer Ben Sansone's comments on Erin's article:

Since I began my St Louis injury law firm about 10 years ago, I have handled dozens of Missouri and Illinois medical negligence cases arising from medical errors by doctors, surgeons, and health care staff. At first I was surprised by the cover ups and frequency of mistakes by medical personnel, all my life I held doctors up to be perfect, but they are just human and a certain percentage will make negligent mistakes and cause injuries to patients, that is just a fact of life. A certain percentage of negligent doctors will attempt to cover those mistakes up, because in the end, health care providers are primarily in business, like anyone else, to make money and mistakes cost money and reputation points; and since they control the medical records cover ups are not uncommon.

In fact just recently, in an Illinois wrongful death and medical negligence case, we received the medical records and about 6 months later were able to discover the originals were whited out, which you cannot see on a copy. See the picture of the whited out original. The excuse by the negligent doctor, as expected, was a claimed mistake in taking down the history so she whited it out. However, medical record keeping standards require mistakes to be crossed out, not hidden, and then the correction written next to it. In the picture to the right the original record is held up against a window so the light shines through and showed what the doctor whited out to cover up a mistake. This was not an insignificant entry, the entry hidden by the whiteout is a crucial part of the case and shows that the Illinois wrongful death victim was suffering symptom "x 1 day" which the negligent doctor disputes claiming her death was caused by a sudden onset of symptoms after she saw her and not that she failed to diagnose bronchi pneumonia.

Staff Article - Erin Mace.

We have discussed driving while texting, (or "DWT"), in a previous Missouri Personal Injury Law blog article, but I recently read an article that was titled, “Texters, you’d be better off driving drunk” and thought this would be a good follow up.

On September 21, laws regarding driving while texting were the major topic at the Transportation Department’s Distracted Driving Summit. They discussed why cell phones, combined with moving motor vehicles, are so deadly. They also discussed why it has been so difficult to define this danger which is the root cause to many car accidents and personal injuries.

According to recent studies, driving while texting is more deadly than being legally intoxicated while driving. This study found that cell phone users had a much slower reaction time than those who were drunk. A test subject, with a 0.08 blood alcohol content and driving 70 mph, was made to break suddenly. He traveled approximately 4 feet “beyond his baseline performance”. A completely sober subject performed the exact same test; the only difference was he was reading an e-mail at the time he was made to break suddenly. He traveled 36 feet beyond the baseline result. While sending a text message during the test, subjects traveled 70 feet.

In a recent poll they found that in 2009, Americans text 15 times more the number of messages than in 2005. Most drivers said that they would ban texting while driving, even though these are the same ones that admitted to engaging in this activity.

There have been many different ideas proposed for stopping people from cell phone use while driving. As we discussed in the previous blog, laws have been passed, foundations have been formed, and bumper stickers made. None of these things seem to be working. This is because the penalties are quite lenient, and the fines that are imposed are less than speeding fines.
Missouri DUI laws are some of the most relaxed in the country – and they are still somewhat strict. DUI laws around the country vary from minimum fines of $200 to $1,500, license suspension from 90 days to one year, and jail time from 48 hours to 2 years. States with driving while using a cell phone fines typically are $20.00 for the first offense and $50.00 for each successive violation.

If driving while using a cell phone, in any capacity, is more dangerous than driving while legally intoxicated, why are the laws less stringent than DUI laws? How do the police officers enforce these laws that more and more states are trying to implement? The problem with driving while using your phone is a cognitive problem – a distraction in the mind more so than a physical distraction. How do you regulate distraction while driving? At some point law makers will have to remove car radios to be consistent.

I am currently taking some Criminal Justice classes. My class is mostly comprised of police officers so I asked them these same questions and the majority responses somewhat shocked me. They said that the DUI laws are too strict in some aspects, driving while texting is a fairly new problem, the texting laws are almost impossible to enforce, and – my favorite – there is no need for these laws, as we already have laws that cover what texting while driving causes (i.e. swerving, running stop signs, speeding, and accidents).

They also said that they see more accidents from drivers messing with their car radios than messing with their phones. Some municipalities are adding what will appear as an addendum-like charge to a careless and imprudent violation. This will allow the fine to be raised but that is all.

Just as Missouri does not list “driving with no seatbelt” as a primary offense, they will not have "driving while using a mobile device" as one either.

We receive a lot of questions regarding personal injury related statute of limitations for Missouri and Illinois. Keeping in mind that each and every case is dependent on many different variables, below we have listed Missouri and Illinois civil statutes of limitations. This is to be used as general information only and should not dissuade you from seeking counsel for your individual situation.

Most of the Missouri civil statutes of limitations are in Title 35 (XXXV), Chapter 516 of the Missouri Revised Statutes. Most Illinois civil statutes can be found on the Illinois General Assembly website.

Missouri

Personal Injury, 5 years
Mo. Rev. Stat. § 516-120.4

Product Liability, 5 years
Mo. Rev. Stat. § 516-120.4

Wrongful Death, 3 years
Mo. Rev. Stat. § 537-100

Illinois

Medical Malpractice, 2 years after knowledge of injury (or should have known)
735 ILCS 5/13-212

Personal Injury, 2 years
735 ILCS 5/13-202

Products Liability, 12 years from the date of first sale, or 10 years from the date of the first sale to initial user, whichever expires earlier.
735 ILCS 5/13-213(b)

Personal Property Damage, 5 years
735 ILCS 5/13-205

Wrongful Death, 2 years of death
740 ILCS 180/2

We hope this clarifies some of the questions you may have regarding your potential or ongoing Missouri or Illinois Personal Injury case.

If you believe you have a personal injury claim or lawsuit please contact St Louis Personal injury lawyer Ben Sansone immediately to discuss your potential claim, as once the statue of limitations runs, your claim is forever barred.

When you believe you are involved in a potential Missouri or Illinois Personal Injury claim, it can become a very confusing and emotional time for you and your family. I receive several phone calls and emails per week from new or potential new clients requesting information to better understand the process of a lawsuit. We at Sansone Law understand that having a clear procedural outline and timeline are key to client peace of mind.

Therefore, over the next few weeks we would like to flood you with applicable information which will take you step by step through the entire procedure.

We hope to answer some of the common questions frequently asked by new and potential new clients. Please contact us if you do not see information regarding a particular question you may have.

To the left of this article you can see a list of the types of cases we represent. Though we also specialize in Criminal and DWI/DUI Defense, our primary practice area is Personal Injury.

A Missouri and Illinois Personal Injury Lawsuit is a civil law case resulting from any type of accident that leads to bodily or psychological injury. It could encompass many different areas such as: auto accidents; product defects; medical malpractice; and those listed under the Personal Injury tab at the top of the page.

Normally, some form of “Do I have a case?” is the first question we hear. Here are a few things Missouri and Illinois Personal injury attorneys look for to see if the case has legal merit:

Most Missouri and Illinois personal injury claims have two very general but essential elements:

1. Liability: who is legally liable for your injury?
2. Damages: how much money are you entitled to?

In other words, not only does someone need to be negligent, but more importantly, an injury (mental, physical, or both) must be directly and proximately caused from the negligence. Mr. Sansone likes to analogize this area of law with the common saying, "no harm - no foul"

So, to recover damages as a result of one of the exampled types of Personal Injury cases, we need to know if, because of someone else’s negligence, you have suffered injury to your person or property.

Once we have determined whether or not your situation has legal merit, we will be able to sit down together and discuss moving forward with the investigatory part of your case.

Sansone Law does work on a contingent fee basis. This means that we will upfront all costs associated with the investigation and will be repaid only if a recovery is made. Therefore, if there is no recovery, there is no fee. Any and all costs advanced by the Sansone Law, shall be the financial responsibility of Sansone Law.

After we have completed the investigatory process, we will put together a demand package in hopes of settling your case out of court. This package will include the facts obtained in the investigatory period. If the negligent party will not settle, we will file a lawsuit on your behalf.

We hope this overview of the process helps dispel some questions or concerns regarding your potential personal injury case. We will have links associated with each step of this process that goes into further, specific detail.

Illinois personal injury victim received a personal injury lawsuit settlement on behalf of her child in the amount of $335,000. Her child sustained serious personal injuries in Illinois to his neck when he was shot by a pellet gun. The child was playing at a friend’s home when the Illinois personal injury incident occurred. One of the pellets broke the skin and made contact with his thoracic spine, causing serious injury.

Three Illinois personal injury claims were made. The Illinois injury lawyer for the Illinois personal injury victim filed against the Illinois liability insurance for the homeowner, the pellet gun owner and the shooter of the pellet gun. All three individuals’ personal injury insurance coverage companies settled for the grand total of $335,000.

As a child of the BB gun day, this recent Illinois personal injury pellet gun settlement amused me. I grew up in a comparatively country-er setting than where I live now. I was surrounded by woods, hills and motorcycle trails. But, I was not surrounded by a lot of girls my age to play with. So, a fun day for us was painting our faces with mud, dressing in camouflage, hurling real North Carolina red clay dirt clods, and shooting each other with BB guns. It was war. Kill or be killed. I cannot count the number of times my mother dug BB’s out of mine and my sibling’s body. When you didn’t cry during the “operations” you were promoted in ranks. It was almost an honor to be shot. That meant you were a creditable opponent - worth going after. We had a code that we played by: no shooting above the neck and we were not allowed to pack rocks in the dirt clods. When one of the kids violated a rule, they were out. Kids were bloody, bruised and literally knocked out. To this day I refuse to wear certain clothing that shows the many scars on my legs from playing chicken on motorcycles and those neighborhood wars. Don’t get me started on when we discovered Chinese throwing stars.

St Louis Missouri personal injury law firm, Sansone Law, llc, and its head personal injury attorney and trial lawyer, Benjamin Sansone, focus on all Missouri and Illinois personal injury claims, including Missouri wrongful death lawsuits, medical malpractice in Missouri and Illinois, St Louis drunk driving injuries and death lawsuits, Missouri car accident lawyer, construction site injuries in Missouri and Illinois, and Missouri work comp claims.

DuPage County IL – A settlement was recently announced regarding a wrongful death lawsuit filed by the husband of Samantha Medina, Chris Medina, against Dr. Mark Kelly and his practice, Winfield Radiology; Dr. Henry Echiverri and his practice, Neuromed Clinic; and Central DuPage Hospital.

Medina was only 24 years old and mother of a now 6 year old when she died of a stroke. Personal injury medical malpractice attorneys representing Medina’s family, stated doctors failed to properly evaluate and treat her, allowing her to die, and thus then Illinois wrongful death lawsuit.

On December 10, 2006, Medina’s husband took her to the hospital after she complained of a sudden headache and numbness on her right side. She died 17 days later.

The $5.3 million settlement was announced on August 26, 2010.

For almost ten years, Sansone Law has vigorously represented families that have suffered this type of loss due to Missouri or Illinois medical malpractice and negligence. Whether a Missouri personal injury or a family member’s Illinois wrongful death, contact experienced Missouri and Illinois attorney Benjamin Sansone to represent you.

August 21, 2007, 19 year old Kendra Lymon was driving her Dodge Neon through an intersection and was struck by Robert Bohn, a part time tractor-trailer driver for Bynum Transport, Inc. Another tractor-trailer in the opposite turn lane blocked Bohn’s view, but he turned left anyway hitting Lymon on her driver’s side and crushing the entire vehicle. Bohn insisted he had a green arrow, but it was later found, through eyewitnesses, that Lymon had the green light.

Prior to the accident Lymon was a student of South Florida community College, majoring in psychology. Lymon had a bright future ahead of her. She spoke six languages and was working as an aide for the Florida Institute of Neurologic Rehabilitation. Since the car accident, she has been left with extensive personal injuries, including a traumatic brain injury, which require her to be under constant supervision. She needs assistance with everyday tasks such as bathing, dressing, eating, and all routine tasks and must also use a wheelchair.

On March 18, 2009 a jury returned a personal injury verdict in the amount of $65 million for the plaintiff. Bynum Transport and Robert Bohn argued the amount was excessive, should be reduced and requested a new trial. In their appeal, they specifically challenged the $41,443,401 award for “pain and suffering, disability, physical impairment, disfigurement, mental anguish, inconvenience, aggravation of disease or physical defect, or loss of capacity for the enjoyment of life.”

In a one-page ruling, the Lakeland based appellate court affirmed the decision to award the jury’s verdict.

The family is pleased, as this money will help provide the 24-hour care Kendra needs to live.

Last week, in Delray Beach, Florida, attorney Andrew Yaffa filed a wrongful death lawsuit against Katie's Kids day care after a staff member found 2 year old Haile Brockington dead inside the facility's van. Haile and the other children were picked up by the van around 9 a.m. that morning and taken to the day care. After arriving, all the children were taken into the facility - but Haile was somehow forgotten. Also, no one apparently missed her throughout the entire day - despite the fact that both her sisters were picked up by the same van and somehow successfully made it into the building. She was found by another staff member around 4:00 p.m. that afternoon when the driver opened the van to take the children home. Haile was trapped in a completely closed van, in Florida, in the middle of summer, for more than 6 hours - and no one noticed. The medical examiner stated that Haile died from heat stroke.

As you might assume, the owners are not speaking to anyone and the staff is shifting blame from one worker to the next. The driver has been identified as Amanda Lee Inman. It was released that she had only been working there since mid July.

State regulations require day care centers to keep a log of who gets on and off the transport vehicle. "There are regulations that are in place that, if the bare minimums were complied with, this baby would still be alive today," Yaffa said. The lawsuit also suggests there were prior incidents in the past when children had been forgotten. I found one source that said a total of 6 such incidents occurred within the single year the day care has been open. Allegedly, there were also occasions where staff had forged or signed Haile's mother's name to the transportation log book.

Attorney Andrew Yaffa stated that he is adding the owners of the day care, Kathryn Muhammad and Barbara Dilthey to the suit - claiming active negligence. The owners have decided to voluntarily close the facility until the situation is resolved.

We feel deeply for this family and this community.

A tractor trailer accident occurred around 11:30 a.m. this past Monday, at the Taylor Avenue overpass. The truck struck the median barrier that runs between east and westbound Highway 40 (Interstate 64), killing the driver, Thomas J. Niemeyer. At this time, witnesses and emergency responders are unsure of the reason why the driver lost control of the truck.

Witnesses said that the truck appeared to be traveling eastbound normally, when the driver abruptly veered to the left, hitting the concrete barrier and stuctural beam and was ejected from the truck. Currently, there are still some questions whether the driver suffered a medical emergency or if it was a mechanical issue that caused the driver to lose control of the truck.

We will be following this tragic accident closely.