Missouri Injury Lawyer Blog

As a Missouri wrongful death lawyer, I was saddened to read about the death of a seven-month-old baby at a Merriam daycare. According to the Kansas City Star, Johnson County prosecutors announced Oct. 28 that they would not file any criminal charges in the girl’s death. For many families who suddenly lose loved ones to preventable accidents, a prosecutor's decision not to file criminal charges can leave the family feeling that those responsible for the accident have not been held accountable. While families whose loved ones are taken from them always feel their loss, families find closure when a civil case requires the responsible party to admit guilt.

Aniyah Boone, age seven months, was in a playpen at Debbie's Daycare center on May 31, 2009. An eight-year-old boy tried to take her out of the playpen, but dropped her on her head. She was rushed to a hospital but died. An autopsy blamed the death on blunt force injuries to her head, complicated by liver damage that probably came from resuscitation attempts. State authorities suspended operation at the daycare on June 1, 2009. In fact, the article suggests that the incident, and the evidence of neglect it produced, have closed the business for good. In April 2010, the daycare’s owner agreed not to operate a daycare as long as her name is on the state abuse and neglect registry. The announcement that prosecutors would not file any criminal charges followed.

While prosecutors apparently decided the baby's death was an accident, this was not the kind of accident that no one could have predicted. From the brief description given by the newspaper, it looks like it could have been prevented if the adults responsible for supervising children had actually been supervising. Parents send their children to daycares under the belief that they are leaving their children in the care of adults who are trained and licensed in this line of work. Parents do not send their children, especially infants, to daycares to be cared for by other children, who may not have the strength to lift a growing baby or the experience to know that dropping a baby is dangerous. The adults operating and employed by the daycare are responsible for directly caring for all of the children, not delegating that care to older children, and for managing their work so that no child is left unsupervised. Failing to live up to those duties constitutes negligence.

In my work as a St. Louis wrongful death attorney, I help families of those killed by others' negligence and carelessness hold the people who hurt them accountable. Whether or not the criminal justice system holds the negligent party responsible, the civil justice system allows victims and their families to recover compensation for the personal and financial harm they have suffered. Victims and their families can sue negligent people or organizations for medical and funeral costs, pain and suffering, harm to their relationships, and lost quality of life and past and future wages. I recognize that no amount of money can ever replace a lost loved one, but holding the negligent person responsible can help families gain closure and replace income that was lost unexpectedly and permanently.

Continue reading "No Charges Will Be Filed in Connection With Baby’s Death at Kansas City Daycare" »

The parents of a Missouri girl have reached a settlement in the wrongful death case they filed on her behalf. According to sources close to the case, Andy and Debbie Smallwood have been awarded $50,000 to be paid by American Family Insurance Group.

In December of 2008, 17-year-old Jarub Baird was driving near Carthage, Missouri. According to police, Baird was speeding and lost control of his vehicle as a result. Baird's car struck the Smallwoods' vehicle, killing 15-year-old Hannah Smallwood instantly. Another passenger in the vehicle suffered a brain injury as a result of the collision. Baird and his passenger were relatively unharmed in the accident, suffering only minor injuries.

Baird currently is serving a jail sentence for manslaughter and vehicular assault.

According to Missouri law, a person causes involuntary manslaughter if said person recklessly causes the death of another person. Vehicular manslaughter generally results in a year's imprisonment in Missouri, with fines of up to $5,000. Alternative sentences could include 60 days' community service, either in lieu of or in addition to jail time served. Sentences for vehicular assault tend to vary based on the case’s circumstances.

Baird was not intoxicated at the time of the accident — otherwise the charges could have been far more serious, possibly into the realm of voluntary manslaughter.

As for the settlement terms, no one can fault the Smallwoods for taking the terms offered by Baird's insurance company. That said, many people may wonder if $50,000 is anything close to an appropriate amount for this kind of circumstance. Baird likely will serve a year or two in prison, pay a fine and be released into society again in short order, while Hannah Smallwood will still be dead. In addition, this case has been pending for over a year, and that's often considered a short time to settle. Cases like these clearly illustrate the need for strong victims' advocacy attorneys.

As a St. Louis personal injury attorney, I noted a recent article in the St. Louis Post-Dispatch about involuntary manslaughter charges that were brought because of a tragic but preventable accident. Yet another young man, 22-year-old Michael Brown of Florissant, has died in a drunk driving accident. The driver, 23-year-old Ronnie Langford of St. Paul, now faces serious criminal charges as a result of the crash.

According to the Post-Dispatch, Brown died from injuries he sustained after he was thrown from Langford’s 2004 Nissan Titan on June 11. Langford was allegedly driving drunk and speeding when he struck a utility pole and then a house in the 1700 block of Koch Road in St. Charles County. The truck flipped after it hit the home’s front deck. Two men were in the home at the time, but neither was injured. Police said that Langford's blood-alcohol content was more than three times the 0.08 percent limit, registering at 0.248 percent when tested. Langford also told police that he knew he should not have been drinking. Langford, who lives on the 700 block of Grandpa's Lane in St. Paul, was jailed in St. Charles County in lieu of $50,000 in bail. He was forbidden to drive or drink alcohol if released.

It's shocking how often people drive when they're drunk, even though it's widely understood that this is dangerous and could hurt or kill others. Many people realize that they could be arrested and charged for driving under the influence of alcohol or, as in Langford's case, involuntary manslaughter. But they may not realize that they may also have to answer in civil court as well -- if they are sued by the loved ones of the victims. Driving when you know perfectly well that you're impaired, and when the dangers of drunk driving are well known, is negligence -- that is, extreme carelessness that could hurt others. Under the law, victims and their families can recover compensation for harm they have suffered from those who hurt them. Victims and their families can sue those who harmed them to recover medical costs, the cost of replacing destroyed property, and lost past and future wages, as well as more intangible harms like pain, suffering, and damage to their relationships and quality of life.

Continue reading "St. Charles Man Faces Manslaughter Charges in Friend’s Drunk Driving Death" »

The FDA has published a consumer drug safety warning regarding the use of bone-strengthening drugs known as bisphosphonates. Long offered in prescription form as a means of treating bone density loss and osteoporosis, the drugs recently have been associated with an increased risk of bone fractures in certain patients.

The specific fracture in question brought the issue to FDA attention because it is so rare. It is a thigh bone fracture, which is not an ordinary site for breakage, even in the elderly patients most commonly prescribed bisphosphonates. Such patients are more likely to have hip or lower-leg fractures, or arm fractures from falling. The large amount of muscle in the thigh tends to protect it from such fractures. The relatively high occurrence of such breaks correlated strongly with patients who have been taking bisphosphonates for five years or more.

Labeling will change for all oral and injected bisphosphonates that are approved for the treatment of osteoporosis, while other types will not be affected. The new labels will be updated to reflect the particulars of the increased risk that has been observed.

Doctors are stressing that patients should not stop taking their medication on their own initiative. Instead, they suggest that all bisphosphonate patients read their literature and familiarize themselves with the symptoms of a thigh bone fracture. They should consult with their healthcare professional at the earliest opportunity if they have any concerns, particularly if they have been taking the medications for five years or more. In addition, the FDA is urging doctors to reconsider the use of bisphosphonates as a treatment, and to reevaluate their patients periodically to see if continuing to administer the medication for long periods of time is the best course of action.

Patients with concerns who wish to evaluate the matter on their own time are also invited to consult the FDA's MedWatch program.

The parents of a 15-year-old girl tragically killed in a 2006 car accident have recently settled a wrongful-death lawsuit for $50,000. The parents of Hannah Smallwood, who died in a crash in 2006, settled their claim against the driver’s insurance company for $25,000 each. As a Missouri car crash attorney, I know how much pain this couple must feel after losing their daughter to a senseless, preventable accident, and I wish them well. Wrongful-death lawsuits are an important way for victims and their families to fight back against those who harmed them.

Smallwood, of Carthage, Mo., died on December 8, 2006, just outside Carthage. She was a passenger in a Mazda Millenia along with two other teenagers, driven by Jarub R. Baird, now 20. Baird was speeding on County Road 120 when the car left the road, hit a utility pole and sheared it off at its base, crashed through a barbed-wire fence, and rolled about the length of a football field. Only one person in the car was wearing a seatbelt, which she put on just seconds before the crash. She and Baird suffered only minor injuries. Unfortunately, the others weren't so lucky. Smallwood was thrown from the back seat through the windshield. She died at the scene. Her 16-year-old boyfriend, Colby Johnson, was also thrown from the car and suffered a brain injury, a broken femur, and three broken bones in his hand.

A jury convicted Baird of second-degree involuntary manslaughter and second-degree assault. Baird is now incarcerated in the Missouri Department of Corrections, serving consecutive sentences of four years and three years. Notably, when Baird was on trial in 2008 for manslaughter and vehicular assault, a witness testified that as Baird walked away from his car after the accident, he said to a friend on his cell phone, “Dude, we flew, man. Seriously, dude.” It must be especially painful for parents who have lost a child to hear that the person whose recklessness caused their child's death thought of the accident as a source of amusement. Hannah's parents, Andy and Debbie Smallwood, sued Baird for wrongful death and settled recently with his insurer, which ended their lawsuit.

Of course, the settlement that the Smallwoods will receive can never make up for their daughter's death. As a St. Louis auto accident attorney, I know that every parent who has lost a child to a car crash would much rather have their child back than the money that comes from a wrongful-death settlement. But at the same time, most parents who have lost a child to someone else's negligent behavior want that person to be held responsible for the harm that he or she caused. A criminal trial and conviction hold the negligent person responsible for breaking the law, but this is accountability to the state, not to the individuals who were devastated by the person’s actions. In a civil suit, family members can make the wrongdoer face what he or she has done to hurt them and their loved ones. A lawsuit can also help those left behind deal with the high bills caused by an unexpected hospitalization, funeral and loss of income.

Continue reading "Parents Settle Lawsuit Over Death of Teenage Girl in Reckless Driving Crash" »

The DUI case against Mötley Crüe singer Vince Neil will be heading to trial next year.

Neil was arrested this June in Las Vegas on misdemeanor charges of speeding and DUI. Neil's attorney entered a plea of not guilty to both charges in Las Vegas Justice Court, part of the Clark County court system. According to the arresting officer, Neil was driving a 2008 Lamborghini and moving at 60 miles per hour in a 45-mile-per-hour zone. Upon pulling Neil over, the officer observed that the singer was exhibiting slurred speech and claims to have smelled alcohol on the celebrity's breath. Neil was asked to comply with field sobriety tests and a breathalyzer, all of which he failed. He was immediately arrested and taken to Clark County jail, where he was booked on suspicion of DUI.

The case is scheduled to go to trial as of January 6th of next year. At issue will be more than the failed breathalyzer test, however. Neil has a previous and serious driving record to contend with already. In 1985, he pleaded guilty to vehicular manslaughter in another DUI case. The accident in this event caused the injury of two occupants in the other vehicle, as well as the death of the drummer for Hanoi Rocks, Nicholas Dingley. In that case, Neil served a short jail sentence, completed 200 hours of community service and paid $2.5 million dollars in restitution to the injured parties.

There is a long history of celebrities having unusual treatment in DUI and vehicular accidents. However, the law is very clear that a DUI is a serious crime. When anyone is involved in an accident in which they have impaired their judgment with alcohol, an accident that kills somebody in particular, hopefully society will look very disapprovingly on further crimes from the individual in question. Whether this will prove the case here remains to be seen.

As a southern Illinois car accident attorney, it troubles me to read about preventable fatal crashes like one that recently took place in Madison County. According to the Belleville News-Democrat, James L. Griesbaum was indicted by a grand jury indicted on three charges of aggravated driving under the influence -- with a blood-alcohol concentration of .08 or more; resulting in death; and resulting in great bodily harm. His bail was set at $200,000, and he could serve up to 14 years in prison if convicted of all of these felonies. All drunk-driving crashes are preventable accidents, and it is terrible when innocent people lose their lives because of the careless, negligent behavior of drunk drivers.

Griesbaum, 33, of Aviston, was driving north on Illinois 160 near Highland Road in February when his pickup crossed into the southbound lane. He was allegedly drunk when his truck crashed head-on into the pickup truck of Barbara K. Green and her 81-year-old mother, Ressie M. Woodcock. Sadly, Green was killed in the crash and Woodcock was critically injured. Griesbaum had been charged with DUI twice before in the past seven years. The first one came seven years ago when he was arrested for running a flashing red light at the intersection of Illinois 160 and Old Route 50 near Trenton. Griesbaum reportedly almost hit a telephone pole as he attempted to escape the police. He refused to take a blood-alcohol test at the Clinton County Jail, but police noted that he smelled like alcohol, dropped his wallet while getting his license out and failed field sobriety tests. Nonetheless, the DUI charge was dismissed and his license suspension for refusing the blood alcohol test was voided. Two years ago, he again refused a blood alcohol test and was able to beat a second DUI charge. A judicial driving permit allowed him to keep driving.

As a St. Louis car crash lawyer, I find it especially sad that so often, drunk drivers can get away with their dangerous, negligent behavior until someone gets hurt or killed. Someone who beats a DUI charge shouldn't look at their escape from punishment as a green light to continue driving drunk -- they should look at it as a wake-up call. When someone gets behind the wheel of a car, they have a legal and moral responsibility to drive with consideration for the safety of everyone else on and near the road. Someone who gets drunk before driving is clearly acting without regard for others' safety, not to mention the law. A drunk driver who injures or kills someone can be forced to pay for the damage he or she caused -- not just criminal penalties, but civil ones too, through a lawsuit. Victims of drunk driving are not the ones at fault, so the law recognizes that they should not have to pay the costs of an accident they didn't cause. Instead, the law holds that the person who caused the accident can be required to pay for the physical, financial and emotional harm that results.

Continue reading "Allegedly Drunk Driver With DUI History Indicted in Fatal Madison County Crash" »

All-terrain vehicles, or ATVs, are motor vehicles designed for off-road use, and are most commonly used for riding through natural paths and for recreational and outdoor activities. Despite the fact that ATV tires have been optimized to provide safety and control when navigating through unpaved paths, there has been a dramatic increase in accidents related to ATVs. As a result, government officials have taken regulatory measures in an attempt to prevent further accidents.

But injuries and even deaths continue to rise, especially among young people and children. In May of this year, a young girl was taken to the hospital and reported to be in critical condition after her ATV crashed into a cranberry bog and landed on top of her. The 12-year-old girl’s older brother was riding on another ATV and helped pull the four-wheeler off his sister. She very nearly drowned from the incident but, thanks to his swift actions, is expected to survive.

Another family suffered a similar misfortune a few years earlier. In 2006, Mark and Katie Kearney lost a son in an ATV accident. The boy, Sean, was staying at his friend’s house where they were allowed to ride ATVs without adult supervision. Sean’s ATV tumbled over, and five days later he died of brain injuries sustained from the accident.

The Kearneys are presently lobbying “Sean’s Bill” in their state. The bill calls for the prohibition of children age 14 and younger from riding ATVs. The current state policy permits children 10 years of age and older to ride ATVs under the supervision of an adult. Additionally, the bill aims to increase the penalties for violators. If the bill passes, guardians and parents who allow their young children to ride ATVs will see higher penalty fees and face the possibility of criminal charges.

As exemplified from the two accidents, the majority of ATV deaths and injuries are the result of the vehicles overturning or colliding, and many of the reported accidents occur in the absence of adult supervision. The risks and consequences of ATV accidents involving children can be reduced significantly or prevented. Owners of ATVs, especially the parents of children who drive these vehicles, should take full responsibility in supervising their children at all times and following even the most basic of safety precautions.

As a Missouri wrongful death attorney, I have worked with many grieving families whose loved ones have been taken from them, and I know how devastating the loss of a family member is. That’s why I was sorry to read that a Branson man has been charged with manslaughter in the deaths of two young women. Michael Green, 25, was allegedly drunk when he crashed his car just west of Branson, killing Nicole Porter, 25, and Jessica Jenkins, 24. Green has been charged with a Class B felony for killing both women while driving under the influence of alcohol, with a BAC of .18% or more.

On the night of Monday, Sept. 27, prosecutors say that Green was driving his Pontiac sports car too fast and down the wrong side of the road on Highway 248. He ran a stop sign at Branson Hills Parkway and his car hit a rock embankment and caught fire. Porter and Jenkins were passengers in his car. Both women were taken to hospitals -- Jenkins to one in Branson, and Porter to one in Springfield. Sadly, both women died. The Western Taney County Fire District photographed the wrecked car. Police took a blood sample from Green at the scene of the accident.

Jenkins' sister, Brittany Halstead, 20, said that Jenkins had offered to drive so that Green would not have to. Medical personnel at the Branson hospital where Jenkins died that night told the family that Jenkins had no alcohol or drugs in her system. Jenkins was an organ donor, and her family hopes that people will learn from their tragedy. Jenkins's mother told her daughters' friends how much pain she was in, and Halstead told them, "Let this be a lesson. Do not drink and drive and do not get in the vehicle if the driver is drunk because it's the innocent that suffer."

It's especially sad to me as a St. Louis auto accident attorney to know that this accident could have been prevented if Green had allowed Jenkins to drive. Driving drunk and refusing to allow an unimpaired driver to take the wheel are well beyond the boundaries of responsible behavior -- in fact, they're good examples of the kind of negligence that is an issue in my cases. If Green is convicted of the criminal charges he faces, he will be sentenced for breaking the law. But he may also face lawsuits from the Porter and Jenkins families for taking their daughters away from them. When someone behaves negligently and hurts someone else, the negligent person can be required to pay for the harm that they caused. Even with court cases, families of car crash victims will never get their loved ones back, and their lives will never be the same. But through wrongful death and personal injury lawsuits, they can hold drivers responsible for the emotional -- and sometimes financial -- consequences of their actions.

Continue reading "Alleged Drunk Driver Charged With DUI Manslaughter in Passengers’ Deaths" »