Missouri Injury Law Blog

Recently Illinois personal injury lawyer Ben Sansone settled a Collinsville Illinois motorcycle crash for $260,000.00, which represented the full amount of auto insurance coverage available, a combination of liability insurance and "UIM" Coverage - Under-Insured Motorist Coverage. The car-bike collision was the result of an intersection accident. The motorcyclist was making a left turn across oncoming lanes of traffic when his bike stalled, he was moving his bike out of the intersection when the driver approaching the intersection did not stop, swerve, or even slow down; clear evidence that she was not paying any attention. The KSDK News report of the Illinois motorcycle accident is here.

The investigation before the prosecution of this case by our motorcycle injury lawyers was crucial as there were at least six witnesses that had to be interviewed. Their recollection of the incident was recorded early on, and supported our negligence claim against the driver.

The investigating officer concluded that the at-fault driver activated her brake only one second before striking the motorcycle and that the driver had adequate time to respond to avoid the collision. The driver was negligent as she chose not to keep an adequate lookout and possibly chose to drive after chemotherapy when her mental alertness was affected by the therapy and medication.

Witness statements supported that the driver violated her duty to keep an adequate lookout as she had ample opportunity to observe the cyclist having stalled in the intersection and attempting to push his bike to safety.

Witness D.G. drove by the intersection in the same direction as the driver, before the motorcyclist made his left turn, no one was driving behind him, saw motorcyclist make a left turn and then have trouble with his bike. Observed him put his foot down and push himself, he then saw the red truck drive around the corner and cause the bike accident him without slowing down.

Witness B.R. saw motorcycle make a left turn, observed engine stall on the motorcycle, saw him pushing the bike with his legs while still seated on the bike and then saw the collision.

Witness M.L. was driving behind the at-fault driver, he saw the motorcycle in plenty of time, slowed down for the motorcycle, but the truck did not and the at-fault driver did not hit the brakes until after running over the motorcycle. The witness was able to see the motorcycle, appreciate the fact he needed to slow down, yet the at-fault driver did not react until after the collision.

Witness M.B. was driving behind the at-fault driver, he had time to observe the motorcycle; he slowed down to avoid a collision. He stated that he yelled "STOP" numerous times before the collision. He stated that in his opinion the at-fault driver was "oblivious" to what was in front of her.

Early investigation was critical to proving the liability in this case. Additionally, the Collinsville Police Department did an excellent job with the accident reconstruction. The liability proof on this case all came down to timing, and it is very important to get witnesses to commit to times, distances, and speeds. Based on the evidence collected we were able to make a strong case that the driver should have seen the motorcycle rider sooner and avoided the collision, despite the fact the driver has a green light and the motorcycle was stalled in the intersection for a short time.

Public safety and the prevention of needless injury and death requires all drivers to pay attention when driving and not to drive when severely fatigued or under the influence of alcohol or even some medications. In this case there was also evidence that the driver recently had chemotherapy, most people know that chemotherapy treatment is very difficult physically and can lead to serious fatigue both physically and mentally.

Related Blog Posts:

Motorcycle Safety & The High Cost of Motorcycle Accidents

Deadly motorcycle accident in Mexico Missouri sparks calls for safety

Continue reading "$260,000.00 Settlement: Collinsville, Illinois Motorcycle Accident " »

As a result of the unconscionable negligence of the employees and agents of the southern Illinois hospital (named confidential per settlement agreement), a routine knee replacement resulted in a patient's life being permanently altered. One nurse, consciously disregarded and otherwise violated numerous patient safety rules which contributed to this accident then took diligent efforts to cover it up by pre-recording or altering the medical records.

When handling medical malpractice cases, injury lawyers oftentimes see the underbelly of the medical profession, the part most people rarely, if ever, see. The lack of empathy and desensitization of human suffering by some medical providers after working in the profession for many years, some turn from caring healthcare providers to factory line workers where patients are just another product running down the conveyor belt. Fortunately, the vast majority of healthcare providers are good doctors and nurses that provide good care for their patients.

One of the reasons I am very proud to be a trial lawyer is that I strongly believe in the American Civil Jury system for enforcing the safety standards of our community. A jury is the enforcer of our societies safety standards and the enforcement of those standards through civil verdicts and settlements helps keep everyone safer. Money is the great motivator fro medical professionals and administration to remember that their number one priority is the safety of their patients and not to become complacent and allow needless and avoidable injury or death occur.

As co-counsel with Illinois injury lawyers Kurt Harris and Devin Jones of the Harris Jones Law Firm in Du Quoin Illinois, we recently settled a case involving nursing neglect for $1.4 Million dollars. The patient was a known aspiration risk, yet the nurses chose to not follow protocol to reduce or prevent aspiration related injury; therefore, due to their choice not to follow procedure, our client aspirated and suffered brain damage. Even more appalling, during patient transfer between diagnostic study and his hospital room, he was left in a storage area for over an hour and was found by his daughter while in severe respiratory distress.

The nurses were incompetent in that they: (1) did not timely diagnose and respond to risk factors known to Increase the likelihood of patient aspiration; (2) did not have procedure for keeping patients located; (3) did not transfer patient to ICU when required; (4) did not properly diagnose and respond to respiratory distress of patient (aspiration); (5) staff failed to consistently follow their aspiration prevention protocol. In addition there was evidence of medical record alteration and attempts to retroactively go back and alter the records to reflect proper procedure was followed.

Illinois medical malpractice lawyer Ben Sansone is an experienced trial lawyer who routinely handles cases from simple car crashes to complex medical negligence cases. If you would like to discuss a potential case we are available for a free consultation to discuss your case. Call us at (314) 863-0500 or contact us online to arrange a free meeting.

There are many reasons why it is important to have a lawyer when dealing with a car accident injury claim or lawsuit. The many reasons are discussed here. Additionally, you need a lawyer to navigate through the many liens or claims that may be asserted by companies against your settlement or judgment money. The following are common claims by 3rd parties wanting money from your settlement:

1. Hospital and Doctor Bills not Submitted through Health Insurance
2. Health Insurance Companies wanting to be paid back
3. Medical Payments Coverage from an Auto Insurance Policy
4. Medicare or Medicaid
5. Workers' Compensation Liens

1. Hospital and Doctor Bills not Submitted through Health Insurance:

If a hospital or doctor refused to submit their bill through your health insurance there is probably a "claimed lien" on your recovery by the hospital or doctor wanting to be paid back in full for their bill. We advise all of our clients to demand the hospital or doctor submit the bills through their health insurance coverage and to go to a different provider if they refuse to do so. Hospitals do this because they want a higher reimbursement rate at the expense of your settlement share. So you must insist that bills are submitted through health insurance and do not agree or sign anything to the contrary. However, if you do not have health insurance you have no choice but to be treated with a lien against your recovery or pay out of pocket costs.

In both Missouri and Illinois there are limits to the amount of the lien the healthcare provider can claim. For a discussion on the Missouri law see, "Can Your Health Insurer Demand Payback for Medical Expenses?"

In Illinois the law is called the "Healthcare Services Lien Act" as essentially states that the total amount of liens from doctors and hospitals cannot eat up more than 40% of your recovery, after attorney fees and costs. EXAMPLE: Case settles for $100,000 but you have medical liens for $50,000. After attorney fees of 1/3 and costs of a few thousand dollars, let's say your recovery is $65,000. the most the healthcare providers can take as part of their lien (assuming they have a valid lien in the first place) is 40% of the $65,000, or $26,000, leaving you with $49,000 in this hypothetical.

The above numbers are assuming a valid lien has been made and the bills are reasonable and necessary. There are many other ways to deal with the liens, however, under Illinois law the above is the maximum amount they can take. Experienced car accident lawyers know how to get the liens often reduced even more through other means. Another example on why having a lawyer maximizes your recovery after a car accident.

2. Health Insurance Companies wanting to be paid back:

Your health insurance paid for all your treatment, so you have to pay them back from your settlement? That depends, do you have coverage through work? if so it is likely an ERISA protected plan. See "Dealing with ERISA Liens When Settling Personal Injury Cases". For ERISA plan treatment in Illinois injury cases see: "Illinois ERISA Plan's Right of Recovery from Your Personal Injury Settlement".

If you have individual coverage, then in Missouri they cannot take any of your settlement money. It would be called "subrogation", and in Missouri that is not enforceable in car accident cases.

In Illinois, however, subrogation by a health insurance company is allowed. Their amount recoverable from your settlement is reduced by the proportionate share of attorney fees. Therefore, if the subrogation claim is for $10,000 and your paid 25% in attorney fees, the subrogation claim is also reduced by 25%, this is referred to as the "Common Fund Doctrine". Additionally, if you are held partially at fault for the accident, lets say 25% at fault, then the subrogation amount is also reduced by that amount as well.

3. Medical Payments Coverage from an Auto Insurance Policy:

Sometimes you may have "Med Pay" coverage under your auto policy which will pay for some of your medical bills, regardless if the accident was your fault or another driver's fault. Just like subrogation with individual health insurance discussed above, in Missouri the med pay insurance company has no right to med pay reimbursement, but in Illinois they do.

4. Medicare or Medicaid:

If you are a Medicare or Medicaid beneficiary and they paid for medical treatment related to a car accident, then the government has a "super-lien" against your recovery. A super-lien is an automatic lien, they do not have to notify you, your attorney, or the insurance company. Therefore, if the insurance company settles and writes you a settlement check without making sure there is not a Medicare or Medicaid lien on the case then they are responsible for the lien amount. Most auto insurance companies will not write any injury settlement check until we get written confirmation from both Medicare and Medicaid that there is not a potential lien on the recovery.

Again, a very critical reason to have a good injury lawyer handle your car accident case. For more details on Medicare and Medicaid liens see: "Medicare recovery against Personal Injury Awards".

5. Workers' Compensation Lien:

If you were hurt in a car accident while on the job then you probably had a work comp claim and a 3rd party claim against the at fault driver. The workers' compensation coverage will pay out faster, cover medical bills, and a percentage of lost wages. These work comp payments are typically made early on and help avoid financial distress.

When the case against the at-fault driver is resolved, you have to pay back the work comp insurer for benefits paid. In the long run the victim still come out ahead and the payment is reduced by what is known as the " The Ruediger Formula" because the lien reduction formula was laid out in the case of Ruediger v. Kallmeyer Brothers Services, 501 SW2d 56 (Mo. 1973).

The Ruediger Formula applied with an example of $300,000 settlements and $90,000 in work comp benefits paid.

So $90,000 / $300,000 equals a ratio of 0.3 meaning that the work comp insurer can recover up to 30% of your recovery AFTER deduction for attorney fees and costs.

So if the 3rd party case attorney fees and costs totaled $110,000 then the work comp carrier and recover up to 0.3 of $290,000, or $87,000.00

Recently we settled a Missouri auto accident case that was caused by a distracted driver with allegations of drug use. We represented the passenger that was injured after the driver lost control of the pickup truck and ran off the road.

But the driver did not have his own auto insurance; Permissive Use?

The driver was the passenger's "friend" and did not have his own auto insurance to cover the injuries sustained by the passenger. However, the car he was driving was not owned by him but was owned by the passenger's grandfather. The grandson had permission to drive the car and let his friend drive. Therefore, under Missouri insurance law, the grandfather's insurance policy covers the at fault driver because the negligent driver is what is considered a permissive use driver. So the coverage purchased by the owner of the car is available for the injured passenger to collect from for his injuries that were caused by the negligence of the "permissive use" driver. Permissive use coverage is diffident than liability for negligent entrustment. For discussion about negligent entrustment see: Illinois Drunk Driving Car Crash - Negligent Entrustment.

See State Farm Mut. Auto Ins. Co. v. Scheel, 973 S.W.2d 560 (Ct App WD 1998) stating:

The requirement of "permissive use" of a motor vehicle in an omnibus or non-owned vehicle clause of an automobile insurance policy to limit liability coverage is a question of fact which may be satisfied by a showing of either express or implied permission. State Farm Fire & Cas. Co. v. Ricks, 902 S.W.2d 323, 324 (Ct App ED 1995)

What if the Driver has his own insurance and the car owner has insurance?

In the same case above, assuming the driver had his own insurance as well, there may be additional insurance coverage for the hurt car crash passenger. Both insurance policies may apply, but it depends on the amount of coverage under each policy and if the insurance policies have valid and enforceable "set-off" or "other insurance" clauses. a few scenarios that could occur are outlined below:

1. The Owner's and the Driver's Auto Insurance have the same coverage amounts:

If the owner and driver both have, for example, $25,000 in liability coverage then the passenger may be limited to just $25,000 total if the policies have valid and enforceable set-off or other insurance clauses. These insurance contract clauses basically say they are not liable to the extent "other insurance" covers the driver's liability. If they do not have these clauses or they are poorly written, the injured passenger may have $25,000 from each policy available, thus $50,000 in total insurance coverage.

In Missouri the case of Zemelman v. Equity Mut. Ins. Co., 935 S.W.2d 673 (Mo. App. WD 1996) discussed "set off" and "other insurance" clauses. In that case the Court read the policy's UIM "set-off" provision against the policy's "other insurance" provision and found it ambiguous because the language described the UIM as "excess over any other collectible insurance." In 2004, we successfully used the above case to avoid set-off and recover an additional $50,000 for our client injured in a St Louis car crash.

2. The Owner and Driver have Different Coverage Amounts:

If one car insurance policy has more liability coverage then that larger amount is typically available. But you still need to deal with issues of set-off. Example, policy #1 has $100,000 in coverage and policy #2 has $50,000 in coverage. A good Missouri car accident lawyer will try and pursue the full amount of each policy, or $150,000. However, many insurance companies now have enforceable set-off clauses, meaning the larger policy can set-off the smaller policy's payment of $50,000; therefore, the total amount recoverable is just the amount of the larger policy, or $100,000 in this example.

What Insurance Applies to My Case?

All cases are different and dozens of critical issues must be discussed and analyzed to ensure a maximum recovery for anyone injured in a car wreck. Insurance coverage is just one of many issues to address. Contact a good car wreck lawyer sooner rather than later. Call us for a free consultation and no fee unless we win. (314) 863-0500 or contact a lawyer online.

I read a bike safety article many years ago that described the top 10 causes of bike accidents, and since then it has aided my assessment of bike injury cases and assessing cases as a bicycle accident lawyer. One common cause of bike-car accident is "The Door Prize", which has been reported as the second most common type of bike accident caused by cars. The door prize is when a driver opens their door in front of you and you run right into it, because you cannot stop in time or traffic does not allow you to swerve out of the way.

How to avoid The Door Prize:

Ride far enough to the left that you will not run into a door that is flung open by an unassuming motorist. Remember, most drivers look for other cars and trucks, not bicycles and they either don't notice or don't care about bike riders. Some cyclists do not like to follow the above advice because it requires them to ride too far into the traffic lane and cars cannot pass you as easily. I understand you are trading one danger for another, but I believe it is safer to ride into the lane where you are in the driver's line of sight rather than to ride next to parked cars that are not looking back for you when they open their door. If you can, try to pay attention to which cars are occupied and then shift out when approaching that car.

Recently, we settled a car-bike accident case for the auto insurance policy limits. Our cyclist client was just a casual cyclist out for an easy ride on the side of Manchester Rd in Maplewood, Missouri. Along his path he had to pass a few cars that were parked on the side of the road, one person who was in the driver's seat of one of the parked cars, flung her door open right when my client was passing causing him to smack into the door and fly off his bike injuring his shoulder.

Bicycle safety is a lot like motorcycle safety, you need to constantly scan the road several seconds ahead of you and anticipate what unaware driver may do, adjust to the potential problems, and be ready to take evasive maneuvers if necessary. The disproportionate potential for serious injury to a bicyclist or motorcyclist compared with a car or truck driver requires that you have this level of alertness and caution. Hopefully over the next years or decades the bike advocacy groups will continue to make changes to the bike laws and continue to raise pubic awareness of everyone's' right to use the road, motor-vehicles and bikes alike. Even once that occurs, there will always be drivers that do not pay adequate attention to bike riders, You must be responsible for your safety,and take necessary precautions.

Even when all the reasonable safety precautions are taken bike riders still get hit by cars and trucks. We offer free consultations on all personal injury cases including bike injury cases. Call us for a no obligation discussion with a lawyer at (314) 863-0500.

In June 2011, Clarence was spending time with his grandson. Around 1:50 p.m. in the afternoon, in House Springs, Missouri, they were driving in Clarence's pickup truck on Route MM a few tenths of a mile from its intersection with Miller Road. Another driver, Aureliano Correa-Garcia, was driving a VW Jetta Westbound on Route MM when he crossed the center line and drove down the wrong side of the road, causing ahead on car accident with Clarence and his grandson.

After investigation, the reporting police officer concluded the collision was Mr Garcia's fault, noting probable contributing circumstances as "Wrong Side (not passing)" and "Physical Impairment". At trial, the police officer's conclusions or opinions are not admissible as evidence. The jury can only hear the evidence of what he was told or observed, then the jury decides who was at fault.

There was no evidence of physical impairment other than the officer's statement of it being a factor, thus at this point, no evidence that can be used at trial. As part of our legal investigation of the car accident, we ran a full criminal background check of the other driver and found that he plead guilty to a DWI several years before. This does not mean he was drinking at the time of this Jefferson county car accident, however, we used it as a negotiating position to infer we had evidence he was drunk at the time of the accident. Based on the injuries sustained by the driver and passenger and our position on impairment, we were able to settle the case for all the insurance available, $150,000, which was a high value for this case. We were able to settle for this amount within a few months and without having to file a Jefferson County car accident lawsuit. Saving our clients time and money.

Sample from demand letter regarding DWI:

"On April 24, 2010, your insured plead guilty to and was convicted of DWI in St Louis County, case # 09SL-MU00989. Even though this DWI was not related to the collision at hand, under Missouri law prior convictions are admissible to attack the credibility of your insured. By implication, an argument could be made that your insured was under the influence of drugs or alcohol when the collision occurred."

In the current legal environment, auto insurance companies are generally taking hard line positions on Missouri car accident and injury cases. They are taking the position of settling for only medical bills (after adjustment down to only consider what insurance paid not total bill) plus a few thousand for pain and suffering. See Missouri Personal Injury Trial Evidence: Bills "Paid" versus "Charged". this is assuming they admit 00% liability on behalf of their insured driver.

Whenever there is any evidence of aggravating factors, such as: speeding, DWI, texting while driving, cell phone, etc ... that issue must be addressed and highlighted to make the car accident case not just about simple negligence, but a case of carelessness and recklessness causing needless personal injury. This approach adds value to every case as insurance companies know jurors will sometimes forgive mistakes (simple negligence) but will be more receptive to carelessness beyond mere mistakes and even more receptive to reckless behavior that endangers everyone.

If injured in a Missouri or Illinois car accident, contact the injury trial lawyers of Sansone / Lauber today. Contact us online or call us for a free consultation at (314) 863-0500.

A competitive biker was training by riding down the outer road of a highway in Wentzville, Missouri. The biker was wearing reflective clothing and was riding along the white outside lane line. Despite legally traveling on the proper part of the roadway and wearing the proper safety gear, a reckless pickup truck driver struck him from behind with the front passenger side corner of his truck sending the cyclist flying off his bike. The cyclist in this particular case was lucky, because the severity of the impact would have crippled many people. However, my client was in excellent physical condition and after a few days in the hospital and a few months of therapy he recovered, for the most part. He did suffer a concussion from the bike accident, which caused some memory problems and other concussion related symptoms. Despite his head injury, his mental tests came back above average and he managed to recover. This Wentzville bike accident case settled for a very high dollar amount as we aggressively prosecuted the case and our client resisted the insurance company's offers between $100,000 - $145,000 just 6 months before we settled the case. Persistence and patience was the key to this excellent recovery for our client and more than double what the insurance company wanted to settle for.

This cause of a bike collision and injury is referred to as "The Rear End" - See Common Causes of Bike Accidents. This is the hardest collision for a biker to avoid because you generally cannot see cars coming since you are not looking behind yourself while riding. Fortunately, most drivers are good drivers and this type of bike related injury accounts for less than 5% of bike collisions.

How to avoid "The Rear End"? As a Missouri bike injury lawyer and based on my experience and research into bicycle safety, this type of collision occurs most often when the cyclist does not have a rear light, regardless if it is daytime or legally required. See Bike Lights for Safety: See and Be Seen.

Additionally, ride on streets with more generous shoulders, also, studies show that riding in more populated areas as opposed to rural areas, is safer to avoid this type of collision. Typically because lighting is better is more populated areas and drivers tend to drive a little slower because of traffic and shorter distances. A few other precautions; get a rear view mirror and do not ride on the edge of the shoulder or too close to a curb. This allows you room to maneuver and hopefully avoid or lessen a collision.

Serious bike injuries still occur despite taking all these safety precautions, as was with the case with my client above. He did everything he was supposed to do and was still hit by a careless driver. As in many Missouri and Illinois bike accident cases I handle, the typical defense is "I did not see him!", well this is not a defense unless the cyclist did something wrong, such as ride at night with no lights, unpredictably shoot out of the riding lane, etc ... See The "I did not see the cyclist" Defense and dealing with it at Trial

If you or someone you know suffered a bike relalted injury as the result of a careless driver, contact a bike accident lawyer today for a free consultation. Our law-form is based in Clayton Missouri which is located within St Louis County right by the Courthouse. Our injury attorneys routinely represent victims throughout Missouri and Illinois including the following areas: St Charles, Lincoln, Franklin County, Jefferson County, Cape Girardeau, Edwardsville, Belleville, Waterloo, and all of Illinois. Call us today at (314) 863-0500.

A local St Louis resident was caused to fall at the Zoo as a result of an unmarked depression in the sidewalk. She was visiting the zoo with her grandchildren when she was caused to stumble and fall from the unmarked dangerous condition, causing injury to her shoulder when she braced for the impact.

The victim incurred about $9,000 in medical bills for her treatment, but based on her harms and losses of continued pain and future limitation of the use of her shoulder, we were able to secure a settlement of $103,000.00 for our client. Prior to filing a lawsuit the insurance company for the Zoo offered $15,000 to settle the case. The St Louis city injury lawyers at Sansone / Lauber recommended we proceed with a lawsuit and soon after that, the insurance company agreed to settle for the six figure amount above. See a copy of Petition - Richardson v Zoo.pdf.

Slip and fall injury cases are usually difficult cases to pursue, especially when against an entity, such as the Zoo, that is loved by most people. The keys to pursuing these cases successfully are: (1) know your client; (2) know the injuries and medical treatment inside and out; (3) boil the liability down to the dangerous condition and how it endangers the public; (4) focus on the defendant's willful overlooking of the dangerous condition; and (5) prepare, prepare, and then prepare some more.

Hurt by the negligence of someone else? Contact a Missouri injury attorney online today or call (3414) 863-0500. Consultations are always free of charge and all fees are contingent upon recovery for you; meaning we do not get paid unless you win.

Recently we obtained a very favorable settlement for a Illinois Wrongful death case arising from medical negligence. The case involved the death of an elderly woman from respiratory disease within 24 hours of visiting her doctor and complaining of respiratory symptoms. The medical negligence allegation was misdiagnosis of a specific respiratory disease and failure to properly treat the patient pursuant to the symptoms she presented with.

The amount of the medical malpractice settlement and the parties involved is confidential pursuant to the settlement agreement and to protect the privacy of the victim's family. The case settled a few months before the trial was to begin in October 2012. This case was filed in 2009 and was hard fought for several years to result in an excellent settlement for our clients.

This case not only involved failure to diagnose, but the doctor attempted to cover up the medical negligence by using white out on the original office visit note as well as changing entries int eh medical record as well. We were able to discover this as the defendants must have forgotten that they produced the original unaltered medical records to our client a few weeks after her mothers death and many months before retaining our law firm. We believe the medical record alteration occurred after we contacted the hospital and requested the medical records, at this point they suspected a lawsuit and attempted to hide the negligence in the medical records. Based on the alteration to the medical records, we filed a detailed motion for sanctions against the defense doctor and hospital, this aggressive motion was a significant issue in the settlement negations and made a large difference to the value of the case. See MOTION - Sanctions - Altered Medical Record and White Out.pdf

This settlement was the justice that our clients deserved, they lost their mother due to a doctor being careless and not paying attention to her patient's obvious respiratory symptoms. She either chose not to perform a simple respiratory exam or was not listening as the basic respiratory exam we have all had done during a physical or doctor visit. A properly performed respiratory exam would have detected her severe respiratory symptoms and prompted a competent doctor to provide additional medical treatment rather than simply send the patient home with instructions to take Tylenol.

In this case the doctor made a choice to gloss through a routine respiratory exam, this routine exam is performed to ensure the safety of patients, particularly ones presenting with respiratory symptoms and complaints. The doctor violated patient safety standards and needlessly endangered this patient when she chose not to do a proper respiratory exam.

Favorable results in medical malpractice cases serve as enforcement and reminders to healthcare providers that they must follow patient safety rules and properly care for their patients, as failure to do so needlessly endangers them and even leads to wrongful death. Enforcement of the patient safety rules through civil lawsuits helps ensure the safety of everyone in the community who puts their trust and life in the hands of their healthcare providers.

If you or a family member have suffered needless injury or death as a result of hospital or doctor neglect please contact the experienced Missouri medical malpractice lawyers at Sansone / Lauber by phone (314) 863-0500 or contact us online.

Drunk driving accident lawyers obtained a huge 716 Million dollar judgment, including punitive damages. In 2008 a thirty-two year old mechanic was stopped in his car waiting to exit a restaurant. In the same area a teenage driver was going 95 in a 35 in a Chevy Camaro when he lost control of the car and caused a high speed crash with the mechanic who was just waiting to leave a parking lot. The mechanic dies within minutes at the scene of this tragic drunk driving wrongful death crash. The intoxicated driver had a BAC of .136 one hour after the crash. This means he likely had a .140-.150 BAC at the time of the collision based on the average person's ability to eliminate alcohol from their system. The at-fault and intoxicated driver is serving 5 years for Negligence Homicide.

The evidence was that the underage drunk driver had consumed alcohol purchased by him from a local food mart. The family of the victim filed a wrongful death lawsuit obviously against the driver, but also against the store that sold the underage driver the alcohol. The cause of action is similar to a case against a bar that serves alcohol to a visibly intoxicated person who then goes out and causes a car accident that hurts or kills someone. See Missouri Dram Shop Cases. In this case the store was liable because the drunk driver was a minor and never should have been sold the alcohol to him in the first place. Had the driver been of age, the case against the store would probably not have been viable.

According to the testimony, the store involved in this case was known among teenagers as a place they could buy alcohol and that kids as young as 14 were known to purchase alcohol there. The store owner claimed they always carded and never sod to minors, however at trial it was proven that they sold alcohol to minors before and after the wrongful death case through citations issued against the store for selling to minors.

Our St Louis injury firm handles DWI accident cases in Missouri and Illinois. These cases require experience to be handled properly. Not only do you need a lawyer that understands personal injury law well, but also a lawyer that understands DWI criminal law. This is because the criminal case must be monitored closely as the criminal case is handled by the State, but as your personal lawyer we can make sure the prosecuting attorneys are aware of all the injuries and how they have affected the victim and their family's life. Otherwise, you risk a situation where the prosecutor's office drops the ball and allows a easy probation plea to be entered, which allows the drunk driver to move on with their life with minimal consequence. Additionally, if the criminal case is handled properly it can have a tremendous affect on bolstering the civil damages case.

See:

Drunk Driving Deaths in Maryland Heights Missouri

Missouri Bike Accidents: Common Causes and Proving Driver was Intoxicated

Missouri Drunk Driving Accident Lawyer Obtains St Louis County Judgment of $2.3 Million

Last year during a snow storm in St. Louis, my client was involved in a truck accident when she was ran off the road by a MoDOT snow plow on Highway I-270 in St Louis county. She was driving her car in the far right hand lane since she was going slow due to the weather. A snow plow came up behind her, sideswiped her car, and then kept on going and left her stranded on the side of the road.

The truck accident left several large orange paint streaks down the side of the victim's car. The pain was the same orange color as the snow plow orange. The reporting officer noted the orange paint and was unable to reach MoDOT for any response. The victim retained our St Louis accident attorneys and we were able to get MoDOt to admit that the snow plow in the area of the accident that night was reported as being damaged on the right side of the snow plow. Damage completely consistent with the auto accident our client reported.

Our client sustained injuries to her neck and back, reported to the emergency room and then followed up with her family doctor and received physical therapy for a few months. The victim fully recovered and incurred about $10,000 in total medical bills. Prior to filing a lawsuit MoDOT agreed to settle the truck injury claim for $85,000.00.

Personally, I was very pleased with the outcome of this case, we were able to get my client all the medical treatment she needed to fully and completely recover and then settle her case for over 8 times the amount of the medical bills without having to file a lawsuit. The victim int his case was a past client of ours, therefore, she knew to contact us immediately after being involved in an auto accident. Retaining an accident lawyer early on in your case is critical to successful and very favorable recoveries.

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Alton Illinois cyclist Killed by Semi-Trailer Truck

Truck Accident Causation - Critical Factors

Continue reading "$85,000.00 Settlement against MoDOT for St Louis Snow Plow Collision " »

St Louis accident attorneys, Sansone / Lauber, obtained a favorable settlement in Cape Girardeau County on behalf of a Scott County high school student who was injured after a loose door divider fell and struck him on the head when he was walking through a gymnasium doorway. The lawsuit settled for a very favorable $75,000.00, plus court costs, about two weeks prior to trial. The injured Plaintiff suffered a concussion and incurred approximately $5,000 in medical bills. The claim was made against Scott County School District. See : PETITION - dangerous condition - School_Redacted.pdf.

When making an accidental injury or negligence claim against a public entity, such as a pubic school, certain issues must be considered and investigated since public entities have certain tort immunity under Missouri law. See: Government Entity Liability for Dangerous Conditions. Specifically, you must determine if the accidental injury you are making a claim for falls under one of the exceptions to sovereign immunity, additionally, you need to look for other 3rd parties that may be liable if the sovereign immunity caps apply and the damages from the injuries may exceed those caps.

In our recent Cape Girardeau premises liability case cited above, the school district was unable to dispute that the Plaintiff was injured by a loose double door divider that fell and struck the Plaintiff in the head as he walked through the doorway during gym class. The Defendant, Scott County High School, and its employees, had exclusive control over the gym doors, including the post. Additionally, we were able to show that Scott County had actual notice the center divider was loose or had fallen out the night prior to Plaintiff's injury.

The night before the negligent head injury, a teacher had actual knowledge of the dangerous condition. The school nurse testified that she heard from school employees the center divider fell out of the doorway the night before at the basketball game. Additionally, another teacher that was at the game, testified she leaned against the center divider and it moved, then a spectator at the basketball game tightened it up with just his hands, no tools. That same teacher testified nothing else was done to that center divider and she did not notify anyone. Cursory investigation fo the doorway showed that hand tightening would not be effective, the fastener holding the center pole is a small Allen bolt that is smooth without anyway to grip other than using an Allen wrench or pliers.

The Plaintiff was sent to the emergency room and diagnosed with a concussion. One year after the head injury, medical records documented that the Plaintiff was still suffering from post concussion symptoms including headaches.

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Recently, St Louis injury law firm Sansone / Lauber secured a $760,000.00 settlement for our client who was sexually assaulted in her apartment. See Defective and Poorly Maintained Security Doors.

The parties involved in the settlement are being kept confidential to protect the identity of our client, however, I can say that the defendant was a St Louis area apartment owner that we maintained had knowledge of the crime levels in the area based on crime statistics available to them and reported crimes at the apartment complex. Despite the levels of crime the property owner allowed the common area security doors to remain in disrepair despite consistent complaints by the tenants.

Unfortunately, as a result of the inoperable security doors, a criminal was able to easily and quickly obtain access to our client's apartment making her an easy target for burglary and sexual assault. Several witnesses testified to the poor conditions and upkeep of the common area security doors as well as the apartment front doors and to the crime level in the neighborhood as well. There were constant complaints to management regarding the conditions and security concerns. Some issues were dealt with for temporary resolution and many issues were simply ignored. Several assaults and robberies took place against tenants and food delivery drivers.

In order to have a claim against a property owner, there must not only be a criminal act that causes injury, you must first establish a legal duty on the property owner to protect you from that criminal act.

ESTABLISHING A LEGAL DUTY TO PROVIDE SECURITY:

DUTY AS A MATTER OF LAW: Under Aaron v Havens.pdf there is a duty as a matter of law on a landlord to keep the common areas safe. In the Aaron case where a rape occurred after access by the intruder up the fire escape and through an unlocked apartment window the court stated "[i]f a private apartment can be entered through a window, injury to the occupants is foreseeable."

The scope of admissible evidence under Aaron is broad. Therein the Court held: "it is not necessary to allege that past crimes involving entry into unauthorized places are of the same general nature as the one which gave rise to the claim. If a burglar may enter, so may a rapist. To find a duty only the incidence of harm, not necessarily the quantum need be foreseeable."

In our case, we argued the Arron case applied as the building security doors and the apartment front doors were controlled by the owner according to the undisputed testimony of the witnesses. Thus, it is common area and according to Aaron there is a duty as a matter of law. Additionally, in our case the owner breached the duty by providing the locked doors and barely attempting to maintain them through cheap temporary fixes.

DUTY ESTABLISHED BY SPECIAL RELATIONSHIPS:

If the duty is not established as a matter of law, a duty can be imposed on a land owner based on special relationships. For a detailed discussion of the special relationships duty see Legal Elements and Issues Related to 3rd Pary Criminal Act Personal Injury cases in Missouri.

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Recently we settled a negligent hydraulic hose repair and thumb injury case pending in Perry County Missouri. The thumb injury occurred as the result of a hydraulic tractor hose that sprung a small leak and shot a very thin and strong stream of hydraulic fluid into my client's thumb. Hydraulic oil injection injuries are deceiving because the injury seems minor at first, however, the hydraulic oil is very toxic and quickly causes injury to spread.

A hydraulic fluid injection injury is probably the most dangerous injury that can result from a hydraulic hose failure. Mainly because the injury appears benign at first, so the injured person often dismisses it and no urgent medical care is sought. Injected hydraulic oil is highly toxic, so in addition to the physical, and often appearing minor, physical cut, the oil literally poisons you.

The most important things to remember: NEVER touch a pressurized hose with your hand and if you suspect an injection injury has occured, get to an emergency room right away!

In our case, the victim was the owner of a tractor. One of the tractor's hydraulic hoses became frayed near the end of the hose. The metal mesh under-layer began to show through the thick rubber outer-layer. The owner became concerned about the integrity of the hose and took it to the local hardware store for replacement. While at the hardware store they told him they could repair the hose rather than replace it, they would cut the frayed part off and reattach the hose connector at the end. The repair was made, however, a few inches of the hose still showed some metal coming through; the hardware store employee insisted it was safe and blew into it using his mouth to show no air was leaking through.

The owner reattached the hydraulic hose and within minutes a very strong and needle thin stream of hydraulic fluid came from the frayed area and shot into the owner's thumb.

The hardware store was liable as they represented themselves as a competent and professional hydraulic hose repair and/or replacement shop. The tractor owner relied on the employee's guarantee that the repair was done correctly, despite his concern.

This was a very unique case as hydraulic injuries resulting on negligent repair are very rare and there is little industry literature or material addressing how hydraulic hoses must be repaired. Therefore, the legal theory was a general negligence claim, no established standards or rules were violated, just what we claimed to be general negligence by the hardware store through its employee.

Continue reading "$250,000.00 Settlement: Hydraulic Fluid Injection Injury resulting from Negligent Hose Repair " »

Last year, we discussed Missouri punitive damages under Ronald Sanders v. Iftekhar Agmed, MD, et al, one of several cases to go before the Missouri Supreme Court on the issue of punitive damages caps. Last month, one of these cases was decided. If this case is a harbinger of what's to come, then it looks like these caps are here to stay.

The case is Estate of Overbey v. Chad Franklin National Auto Sales North, LLC, and was issued on January 31, 2012 from an en banc panel of the Missouri Supreme Court. While the case was about fraudulent misrepresentation under the Missouri Merchandising Practices Act (MMPA) instead of personal injury, many of the issues are applicable to personal injury cases. At trial, the Overbeys were awarded $1,000,000 in punitive damages against Chad Franklin, the proprietor of the dealership. Pursuant to Mo. Rev. Stat. Section 510.265, Mr. Franklin had the damages reduced to $500,000.

Under 510.265, - Limits of Punitive Damages in Certain Cases - "No award of punitive damages against any defendant shall exceed the greater of (1) Five hundred thousand dollars; or (2) Five times the net amount of the judgment awarded to the plaintiff against the defendant." On appeal, the Overbeys claimed that the reduction violated their rights to trial by jury. The "trial by jury" claim was also the basis for the plaintiff's appeal in Sanders.

The Missouri Constitution states that "the right of trial by jury as heretofore enjoyed shall remain inviolate." Mo. Const. art. I, § 22(a). Further, in Scott v. Blue Springs Ford Sales, Inc., 176 S.W.3d 140 (Mo. banc 2005), the Court held that the right to have a jury determine damages applies to any law that allows for damages as a remedy. This includes both nominal and punitive damages. However, in this case, the Court made clear that just because a plaintiff has the right to have a jury determine damages does not mean that he is entitled to unlimited damages "under the MMPA or under any statute" (emphasis added). So long as application of the cap did not interfere with how the case was decided, application of s 510.265 does not violate the Missouri Constitution.

The plaintiffs also alleged that the reduction of their punitive damages awards violated separation of powers, equal protection, their due process rights, and Missouri's prohibition on "special laws." The Court rejected each one of these challenges.

While this case was not about personal injury per se, the phrase "under any statute" gives the court plenty of room to find caps on punitive damages constitutional in a tort context. We should be getting a decision on Sanders in the next month or two. However, if it follows the lead of the court in Overbey, it appears that the 2005 tort reforms, including punitive damage caps, are here to stay.

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