St. Louis Injury Lawyer Blog

Over a week ago, Toyota raised concerns when it announced the recall of 2.3 million vehicles. These concerns were validated with the company's announcement later in the week of a massive recall in China, culminating with the announcement Friday that it also intended to recall 1.8 million vehicles in Europe as a "preventative measure". By this time, the company had also issued an order to halt production of the eight-best selling models in the U.S.

Citing problems with floor mat entrapment and sticky gas pedals that cause unexpected acceleration, Toyota's recall numbers have jumped to almost 9.5 billion since late last year. Both consumers and dealers were affected when Toyota halted the sales of the 2009 and 2010 RAV4, 2009 and 2010 Corolla, 2009 and 2010 Matrix, 2005 to 2010 Avalon, 2010 Highlander, 2007 to 2010 Tundra and 2008 to 2010 Sequoia.

These actions drew the attention of Congress, prompting the House Committee on Oversight and Government Reform to schedule a hearing next week to investigate the government's response to Toyota's problems. The National Highway Traffic Safety Administration (NHTSA) has an early warning system in place that provides statistical forecasting to identify trends and help signal problems such as the ones Toyota is experiencing. In this case, the system did not recognize the problem, causing the House to request extensive data reports from both the NHTSA and Toyota.

Continue reading "Toyota Expands Recall on Top-Sellers, Honda Issues Voluntary Recall" »

Late Sunday night, a man's truck clipped the back of a minivan, causing the truck to spin out of control and crash into a concrete pillar near the intersection of Interstate 270 and Missouri 370. The driver, 43-year-old St. Ann resident Mark Maessen, was pronounced dead at the scene.

The driver of the mini van, Shokouh Pritchett, 42, sustained minor injuries and was taken to DePaul Medical Center for treatment. Police would not verify whether or not Maessen was wearing a seatbelt, but confirmed that Pritchett was.

Authorities are continuing investigations and no charges have been filed. According to MoDOT, there were 19,132 accidents on Missouri interstates in 2008 and over 25,000 rear-end collisions.

Continue reading "St. Louis Missouri Car Accident Results Fatality, Injury" »

With I-70 running through both states, Missouri and Illinois residents are no strangers to tractor trailers. In fact, the Missouri Department of Transportation (MoDOT) estimates that I-70 carries approximately 10,000 trucks per day across Missouri- a number that is supposed to double by 2030. In order to keep drivers safe, these vehicles are heavily regulated by the U.S. Department of Transportation through the Federal Motor Carrier Safety Administration (FMCSA).

The FMCSA regulates all aspects of the vehicles and the drivers who operate them. For drivers, the organization sets strict medical standards that state drivers have to be in good physical condition. Basic physical requirements include but are not limited to the following:
• No history of cardiac trouble.
• No current clinical diagnosis of high blood pressure.
• Must have visual acuity of 20/40 in each eye, either naturally or with corrective lenses, the ability to recognize all colors of traffic signals, and a field of vision that extends to at least 70° periphery.
• Average hearing loss cannot exceed 50 decibels at 3 different frequencies.
• Mandatory drug and alcohol testing to all who seek a commercial driver's license (CDL)

Beyond the health of the drivers, the FMCSA takes other measures to ensure the safety of commercial operators and all drivers on the road. Operators of tractor trailers or other large vehicles must obtain a commercial driver's license (CDL). Drivers must have a clean driving record and pass a written and driving test in order to receive a license.

Other regulations dictate the consecutive number of hours a driver can drive as well as the minimum allotted rest times are determined by the administration. Drivers are given a 14-hour duty limit, and are only allowed to drive for 11 hours during that period of duty. Once this cap has been met, the driver is required to take 10 consecutive hours off. All of this information is recorded in a log drivers are required to keep. Currently, many logs are kept by automatic, on-board recording devices that allow authorities and fleet owners easy access to information.

Continue reading "Tractor Trailer Safety & Federal Regulations " »

On Tuesday, a former nursing home worker was formally charged with financial exploitation. Authorities believe the employee of Hitz Memorial Home in Alhambra Illinois may have made unauthorized purchases with a resident's credit card and withdrawn money from their bank account.

The employee has been under investigation since December when she resigned from the nursing home. Prior to her resignation, she claimed to have medical conditions that had prompted both local residents and a local church to give her donations. Other employees found these claims suspicious and when confronted about them, the employee chose to resign.

Later in December, a resident discovered several expensive, unauthorized purchases had been made with their credit card. Detectives soon found that not only had the employee purchased furniture and a television with the credit card but she had also forged the resident's signature to make withdrawals totaling close to $16,000 from several bank accounts.

The National Center on Elder Abuse has found that reports of abuse and exploitation have risen steadily over the last two decades. However, current estimates say that only 1 in 25 cases of financial exploitation are actually reported, suggesting there may be up to 5 million cases of financial abuse each year.

Continue reading "Madison County Illinois Nursing Home Worker Charged With Exploiting Resident" »

Whispering Oaks Nursing Home, a residential care facility in Wildwood, Missouri, was shut down Monday night after county officials found the site in appalling conditions. Late Sunday night, county fire officials were alerted that the well water stores supplying the nursing home had frozen. According to a press release from County Executive Charles A. Dooley, by the time public officials arrived on Monday, they found "no running water, overflowing toilets, human waste on the floor and a fire risk caused by an inoperable sprinkler system."

It is estimated that 40-50 patients are currently in care at the facility. The state health department will be assisting in efforts to relocate patients to nearby nursing homes.

Whispering Oaks has a history of violations with the state that range from failures to meet safe drinking water standards to reports of staff abuse by patients. The National Center on Elder Abuse suggests that only 1 in 14 incidents of neglect come to the attention of authorities.

Continue reading "St. Louis Nursing Home Closed; County Officials Find Horrific Conditions" »

Three teens remain in the hospital today after their vehicle rolled last Friday afternoon near Weidman and Clayton Road. The three passengers were ejected from the vehicle when the 16-year-old driver lost control over an icy patch and veered off the road, causing the SUV to flip. When police arrived on the scene, the driver appeared to have been the only passenger wearing a seatbelt and was found in the vehicle.

At this point, investigators do not believe that cell phones are involved in the crash. The teens are reported to be in stable condition and no criminal charges have been made against the driver.

Ice and weather condtions have been the cause of numerous accidents this year. Drivers have a duty to decrease speed and exercise care regardless of the speed limit to accommodate weather condtions.

Continue reading "St. Louis Teens Injured After Rollover Accident" »

A Missouri state trooper was tragically killed after being struck by a sport utility vehicle while assisting with a minor car accident on December 25, 2009. The incident occurred on interstate 44 southwest of St. Louis.

The Missouri State Highway Patrol identified the trooper as 49-year-old Patrolman Dennis Engelhard, a 10-year veteran from Wildwood.

Reports indicate that Engelhard was struck by a sport utility vehicle near Eureka.
Apparently, Engelhard had been working a minor accident and was hit while walking back to his patrol car to retrieve something.

Icy weather conditions led to dozens of accidents in eastern Missouri over the holidays. The incident appears to have been weather-related.

Continue reading "Missouri State Trooper Killed While Working Minor Accident On Highway Near St. Louis." »

Madison County, Illinois, and surrounding areas reported signficant snowfall. The snow was removed quickly, but some areas remain partially snow and ice covered and are still dangerous. The initial snowfall caused several accidents involving personal injury to drivers and passengers.

In nearby Marion County, four vehicles lost control and drove off Interstate 57. Two more slid off U.S. 51 near Sandoval and Patoka. Another ran off U.S. 50 West of Odin.

There was at least one fatal accident in Macoupin County between St. Louis and Springfield. A Litchfield resident, 30-year-old Jason Starr, died when his vehicle lost control on a two lane highway, Illinois Route 16, and struck the back of a pickup truck. his vehicle then slipped into a ditch, struck a road sign and overturned. Two people in the pickup truck were not hurt.

The State Department of Transportation indicates that the roads have returned to near normal winter driving conditions. However, there are scattered icy spots on major highways and city streets.

Continue reading "Midwest Weather Causes Fatality And Numerous Car Accidents" »

An automobile accident took the lives of a young Godfrey, Illinois, couple on Sunday December 20. Nicole and Chad Thorpe, both 27, and parents to a young two year old son, were tragically killed on Humbert road near Richland Woods Dr.. It appeared their 2007 Ford Edge ran off the road, struck a tree and flipped over. Sheriff's Deputies said the vehicle was engulfed in flames when they arrived on the scene.

What caused the vehicle to swerve off the road is still unknown. The Madison County Sheriff's Department is conducting an investigation into the possible cause. Both occupants suffered severe burns and were identified by dental records Monday. The coroner stated both victims died from smoke inhalation.

The car apparently was traveling north on Humbert Road and drove off the east side of the road before striking the tree. At this point, there is no evidence or report as to why the vehicle caught on fire. According to the National Fire Protection Agency (NFPA), there were an average of 356,000 vehicle fires and 512 civilian deaths reported between 1998 and 2002. Per the NFPA report, 3 out of every 5 passenger road vehicle fire deaths occurred in fires caused by collisions or overturns.

Continue reading "Auto accident on Humbert Rd. kills young couple" »

A personal injury case brought against Dr. Michael Jones, Dr. John Kleinhoffer and Frey Properties was filed at the Madison County Circuit Court on Dec. 14. Geraldine Augustine claims she slipped and fell on ice outside her doctors' office on December 17, 2007, in Highland Illinois. The office of Jones and Kleinhoffer was leased from Frey Properties.

The suit states that the doctors' office did not provide a safe entry into their establishment during icy conditions which resulted in the plaintiffs injuries. Augustine suffered from a torn rotator cuff in her left arm. She also incurred medical, hospital, physical therapy, and pharmacy costs. Augustine is seeking a judgement of $225,000 plus costs in this case.

Something as simple as a freshly mopped floor or an unmaintained walkway can result in patients possibly getting seriously injured. Thousands of people are hurt in slip and fall accidents every year. Property owners have a legal obligation to keep their premises safe and should be held accountable if they fail to do so.

If you or a loved one have been injured in a slip and fall accident please contact the attorneys at WWF&G, located at 603 Henry St. in Alton Illinois. (618) 462-1077. All attorneys are licensed in both Missouri and Illinois.

Walmart has been added as a defendant to a wrongful death lawsuit filed by the estate of a pedestrian killed on Godfrey Rd. in Madison County, Illinois on December 27, 2008. A man walking down Godfrey Rd. was struck and killed by a GMC Safari. The driver left the scene in what appeared to be a hit and run accident, but he returned to the scene. During his deposition, he admitted to drinking alcohol which he believes he purchased at Walmart.

On December 17, 2009, Walmart was added as a dramshop defendant in this case. Illinois dramshop laws allow a recovery against the seller of alcohol when the alcohol sold contributes to an accident.

The claim was brought by the family of the decedent, who was survived by his wife and two children. The family is represented by Michael P. Glisson, of the law firm of WWF&G of Alton, Illinois. The claim will be set for case management after Walmart formally enters its appearance.

If you or a family member has been injured in an alcohol related accident, you should contact an Illinois personal injury attorney

A home in Collinsville, Illinois woke up to a Madison County Transit bus crushing one side of the home this past Saturday just after midnight. As a result of the bus accident, the home has been designated as unsafe to inhabit.

Homeowner June Willeford was in her second-floor bedroom when the bus hit the house. She said that she next heard her son scream from the basement, and she ran downstairs to check on him. Then, she want back upstairs and out the front door and found the bus under her side porch. Amazingly, there were no personal injuries.

According to news reports, the bus veered off the street and drove through the parking lot at Thomas Brothers Automotive next door, then over a chain-linked fence before hitting a porch on the side of Willeford's house. The homeowner has moved into a Drury Inn until the damage can be repaired. No investigative reports have been issued.

Madison County Transit is a publicly funded governmental organization that offers fixed bus routes and other services. Some of its buses will have up to 5 cameras running at all times that should depict more details of the accident.

Continue reading "Madison County Illinois Transit Bus Drives Into Home" »

A Jersey County Illinois jury has awarded more than a half-million dollars to the family of a woman killed in a 2007 drunken driving incident. The jury returned the $549,954.11 verdict after a two-day civil trial on November 18, 2009, in Jersey County Circuit Court, with Judge Eric Pistorius presiding.

Jerica Klocke, 19, of Batchtown, died following a motorcycle accident in 2007. She had been a passenger on a motorcycle driven by Donald Adcock, 24, of Carrollton, who was pronounced dead at the scene by Jersey County Coroner Larry Alexander. Klocke was flown from the scene to St. John's Hospital in Springfield, where she died at 2:56 p.m. the same day.

A summary read to the jury by Circuit Court Judge Pistorious stated that the plaintiffs, the family of Jerica Klocke, brought the claim pursuant to the Dramshop Act. The plaintiff claimed that Adcock consumed alcohol at both Thirsty's Tavern and at Bawana's Nutwood Tavern and became intoxicated as a result of the alcohol he consumed and that his intoxication was one of the causes of Klocke's death. The defendants had denied liability in Klocke's death.

At the time of the accident, Thirsty's Tavern Inc. was owned by Donald Adcock and his father, Roger. Bawana's Nutwood Tavern, was owned by Stephen Wilson. (Wilson was named individually in the suit, but Roger Adcock was not).

According to Klocke family attorney Mike Glisson, of Williamson, Webster, Falb & Glisson, of Alton, Klocke's grandmother had died the Friday evening before the motorcycle wreck. Jerica Klocke went to be with a girlfriend. The girlfriend arranged for Jerica to ride on a motorcycle driven by Adcock, who did not appear to be intoxicated, according to several witnesses, but whose toxicological report revealed he had a blood alcohol level of 0.15 percent at the time of his death. The legal limit in Illinois is 0.08. Jerica Klocke's toxicological report revealed no alcohol.

Testimony revealed that Adcock lost control of his motorcycle, leaving a skid mark of 177 feet as he approached the intersection of Reddish Road and Dunham Road.

Forensic toxicologist Dr. Chris Long, of Saint Louis University, testified that while witnesses testified that Adcock did not appear impaired he would have to have been. The 0.15 level would have impaired his depth perception, balance on the motorcycle and reasoning, he said.

After deliberating for three hours, the jury returned a verdict Wednesday, ruling in favor of the plaintiffs and against Thirsty's Tavern, but not Bawana's, apparently determining that the intoxication had taken place at Thirsty's.

The jury awarded $500,000 in loss of relationship and $49,954.11 for medical and funeral bills, the exact amount requested by Plaintiffs in closing arguments by family attorney Mike Glisson. The verdict is one of the biggest verdicts recorded in Jersey County.

Continue reading "Jersey County Illinois Jury Renders Wrongful Death Verdict" »

Clinton County, Illinois - A case against Hansen Foods Inc. (a franchisee of Hardee's), brought by an injured customer has been set for trial on March 8, 2010. The man, an 85 year old veteran of WWII and the Korean War, was walking into Hardee's at 1:00 p.m. with a friend in 2007. At that time, an employee had mopped the floors but failed to use a dry mop as required by Hardee's written guidelines.

The man slipped and fell on the wet floor, causing him to fall and fracture his femur, which resulted in a hip surgery, and additional related surgeries and treatment. There is a dispute as to whether or not wet floor signs were set out, and whether or not they were placed properly. There is no dispute that the floor was wet and caused the fall of the customer.

Business owners have a duty to maintain their property in a safe condition and be free of negligence. If businesses are going to choose to mop during business hours, they need to warn customers of the same, and dry the area as quickly as possible. Here, the customer alleges Hansen Foods could have easily dried the area with a dry mop, but instead chose to let it dry on its own and left the area unattended. Moreover, depositions of the parties revealed that the employee was using soap, which is against Hardee's mopping guidelines in effect at the time of the incident for day mopping.

The trial is expected to last 2-3 days, and will include expert testimony, physicians and testimony from all parties.

Continue reading "Slip And Fall Lawsuit Involving Hardee's In Breese, Illinois Set For Trial" »

A Granite City, Illinois man was injured using PureSleep's stop snoring solution in July of 2008. The product is a dental device which is worn while sleeping, to prevent snoring.

The user puts the device in hot water so it is malleable to fit your teeth. Once this is done the device fits securely in the mouth.

Here, the problem arose when the device was removed the next morning, it carried away the man's crown from a back molar. He now has to go to a dental specialist to undergo treatment to have a new crown put in-----costing significant dollars.

A claim has been made based on a product liability theory----that the product was unsafe as normally used and there was a failure to warn that this could happen.

Continue reading "Granite City, Illinois Man Injured by Stop Snoring Product" »