2011

Blog Posts in 2011

  • Largest Jury Verdict on a Personal Injury case

    || 28-Dec-2011

    Recently, the largest ever jury verdict for a personal injury case was awarded in the United States. The verdict was that Donald Collins was to pay the family of Robbie Middleton $150 billion for the damages he caused. The incident that caused these damages happened in 1998. 13-year-old Collins doused an 8-year-old Middleton in gasoline and lit him on fire. The burns Middleton suffered didn't ...
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  • Psychiatric Records can be Relevant to Physical Injury

    || 27-Dec-2011

    Summary of SC91706, State ex rel. BNSF Railway Co. v. The Honorable Mark H. Neill Proceeding originating in the St. Louis city circuit court, Judge Mark H. Neill Argued and submitted Nov. 2, 2011 Overview : A defendant in a personal injury lawsuit asked the trial court in the underlying action to allow the defendant to obtain during the discovery process medical records held by a psychiatrist ...
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  • What is a "personal injury"?

    || 23-Dec-2011

    What is a "personal injury"? To many it probably seems like a very vague term that may be overused. According to Wikipedia (which is not always a 100% reliable source, but is a great way to look into the current cultural understanding of a subject), it is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. Often, it is in regards to lawsuits ...
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  • Beware of... Ice Cream Scoops?

    || 20-Dec-2011

    During this time of year, parents may be used to hearing about the dangers of certain toys. Other gifted items also come to mind when thinking of product recalls or dangerous items, like toasters, for example. But one item most people probably didn't think was a danger was their... ice cream scoop! The U.S. Consumer Product Safety Commission announced that 20,000 Pampered Chef ice cream scoops ...
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  • Child hit by driver in Independence, MO

    || 14-Dec-2011

    This morning, around 6:55 a.m., a child was hit by a vehicle in Independence, Missouri. While the extent of the injuries is currently still unknown, we do know that the child was rushed to Children's Mercy Hospital. Police are investigating this accident, of course. It is far too early to tell if this accident, which has surely been turned into an insurance claim, will turn into a lawsuit ...
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  • Hit and run in Kansas City

    || 12-Dec-2011

    On Saturday, a young woman was hit, walking along Raytown Road. The driver of the SUV left the scene of the accident, which happened at about 11:25 that night. The victim of the accident has sustained major injuries, including a skull fracture. Sadly, we don't know who is responsible for the injuries this poor woman sustained. Should a perpetrator be found, there will likely be charges related ...
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  • Worker's Comp reform creating layoffs

    || 8-Dec-2011

    In our current economy, times are hard. Individuals and companies alike have been on tighter budgets. This has led to layoffs, in many cases, which has put further financial stress on individuals and families. Recently, in Illinois, a staffing agency had to lay off approximately 500 people because of the increased costs of operating under the state's recently updated Worker's Compensation ...
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  • Car crashed into home in Prairie Village

    || 7-Dec-2011

    Yesterday, with the weather being less than ideal, many who commute to work in the Kansas City metro noticed that there were significant delays due to accidents and problematic road conditions. While that may have been frustrating for some, it could have been a much worse morning for most of us. Take the morning of a Prairie Village, Kansas, woman, who lived near 75th St. and Roe. Her morning, ...
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  • Bicyclist receives $100,000 settlement

    || 6-Dec-2011

    In Florence, Montana, a bicyclist recently won $100,000 in an out of court settlement for his injuries sustained because of a bicycle accident caused by a patch of ice. It was winter, and in Montana, ice and snow are to be expected. The Plaintiff, in this case, suffered traumatic brain injury, a concussion, and lost his employment, as a resul tof the accident. Originally, the Plaintiff sued the ...
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  • Animal shelter not liable for dog bite upon new ownership of dog

    || 2-Dec-2011

    Humane Society is not liable for injury caused by animal it no longer possessed. Miles, a minor, et al., v. Rich v. Humane Society of Missouri et al., No. 95112 (Mo. App. E.D., April 26, 2011) Crane, J. Plaintiff was bitten by a dog, and filed suit for her injuries against Defendant, the dog's owner. Defendant filed a third-party petition for contribution against the Humane Society, alleging ...
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  • Surveillance videos are discoverable in workers comp cases

    || 1-Dec-2011

    Surveillance video held to be discoverable by use of a subpoena duces tecum pursuant to Rule 56.01 (b) (3) of the Rules of Civil Procedure. States x rel. David Feltz v. Bob Sight Ford, Inc., No. 72969 (Mo. App. W.D, May 31, 2011), Hardwick, C.J. A surveillance video tape taken of a claimant discoverable by use of a subpoena duces tecum if it is otherwise not a statement as defined in § ...
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  • Missouri uninsured motorist insurance for falling objects

    || 26-Nov-2011

    Under Missouri law, if you have auto liability coverage than you also have, at a minimum, $25,000 in Missouri uninsured motorist coverage. An uninsured motorist is a driver with no insurance, but also an unidentified negligent driver is also considered an uninsured motorist. Examples are hit and run drivers or sometimes where a object hits your vehicle while on the highway. Such as a piece of ...
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  • Generally speaking, corrective measures taken by defendant after a personal injury are inadmissible to prove fault. However, in Missouri product liability personal injury cases, it is much easier to get subsequent remedial measures into evidence. For example, was the product flaw corrected and do the subsequent models sold have that correction? Those corrections or modifications can be used as ...
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  • Missouri law would extend worker's comp to occupational diseases; co-worker liability limited

    || 19-Nov-2011

    SB 8 passed the Missouri Senate. This bill would protect employees from being sued by a coworker for work place accidents and would require occupational diseases to be covered by workers' compensation. The companion House bill, HB 162 is in the Senate Judiciary Committee. SB 188 passed the Senate and has been referred to the House. It companion bill, HB 205, is in referral to the Senate ...
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  • Missouri pharmacist liability

    || 16-Nov-2011

    Clearly, a pharmacist is responsible for filling the correct medication, that is the main purpose of their job. Missouri State Statute 195.060.1, is very clear on what information is required to be documented on the prescription label. Not only are pharmacies required to have the patients basic vitals, such as: name, address, etc., but also the drug name, strength, dosage directions, among other ...
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