St. Louis Injury Lawyer Blog

Early Saturday morning, authorities recovered the bodies of a mother, her son and a family friend's son from a St. Claire County lake. The mother, Kathy Baxmeyer, 40, had taken her son, Kadin Baxmeyer, 7, and her son's friend, Steven "Austin" Baum, 6, out to celebrate her son's birthday.

By midnight on Friday, Austin's mother had been unable to get in contact with Kathy Baxmeyer. Worried, she reported her son as missing to the Monroe County Sheriff's Department. When authorities arrived at the Baxmeyer residence, family members were asleep and under the impression that Kathy and the boys were still at the movie they had planned on seeing for the birthday celebration.

Upon finding boots and gloves near a lake by the residence, police used dogs to track the smell from the items. Investigators had their suspicions confirmed when the dogs led them to the water's edge. Diving teams from several fire departments worked for hours before recovering the bodies in 12 feet of water.

Authorities suspect that the boys made their way out onto the icy lake and the mother followed, trying to save them. At this point, all three deaths have been ruled an accident and no charges have been made.

According to the CDC, in 2005, there were 3,582 fatal unintentional drownings in the United States, averaging ten deaths per day. In Illinois, from 1989 to 1998, there was an average of 138 drownings each year. More than one in four fatal drowning victims are children 14 and younger. For every child who dies from drowning, another four received emergency department care for nonfatal submersion injuries. Nonfatal drownings can cause brain damage that may result in long-term disabilities including memory problems, learning disabilities, and permanent loss of basic functioning (i.e., permanent vegetative state).

Continue reading "Tragic Deaths In Waterloo Illinois Drowning Accident" »

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" »

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" »

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

On February 25, 2009 a Jerseyville, Illinois man was on his way to work when he was killed in a tragic accident involving a drunk driver, who was also killed in the accident. According to Illinois State Police, the drunk driver, age 32, crossed the center line and struck and killed the victim, age 55, on Route 3 near Godfrey, Illinois in Madison County. The victim was survived by his spouse and two children.

On July 22, 2009, the family filed suit against the estate of the drunk driver in Madison County, Illinois. The suit was filed pursuant to the Illinois Wrongful Death Act, and seeks damages including loss of support and loss of love, affection, guidance of a spouse and father. The lawsuit was filed by the Alton attorney Michael Glisson, of the law firm WWF&G.

Continue reading "Jerseyville, Illinois Family Files Suit In Wrongful Death Action" »

Olin Brass in East Alton Illinois was the site of a tragic construction accident on Saturday, July 11, 2009. Michael Niswander died Saturday morning after being struck in the chest by a piece of machinery at Global Brass and Copper.

Reports indicated Niswander was working on a lathe when something - either a piece of lathe or a piece of fastened to the lathe - broke and struck him in the chest.

According to the U.S. Department of Labor, a preliminary total of 5,488 fatalities in the workplace were recorded in the year 2007. Based on these counts, there are 3.7 fatal work injuries per 100,000 workers in the United States, down from 4.0 fatalities in 2006, and the lowest total since the Census of Fatal Occupational Injuries (CFOI) began in 1992.

Continue reading "East Alton Illinois Man Killed At Olin Brass" »

A Jacksonville, Illinois nursing home was sued by our Illinois injury law firm for causing the death of a patient. The suit was brought on behalf a Quincy, Illinois family in Jacksonville (Morgan County), Illinois.

Our suit claimed that the nursing home violated the Illinois Nursing Home Care Act and the Illinois Wrongful Death Act in causing a patient's death. The patient had been in an auto accident near Quincy (Adams County), Illinois, and was initially treated at two area hospitals. She was then transperred to a nursing home.

The patient was breathing through a tracheostomy in her neck. Because of the severe injuries, she would pull at her breathing tube. On several occasions she was able to pull out this tube causing her to almost die. Instead of instituting one on one surveillance or wrist restraints, the nursing home used drugs and mitts. Both were found to be ineffective in stopping the resident from pulling off the breathing tube on several occasions.

Finally, the patient was found without her trache breathing tube inserted and died. Our suit claimed that wrist restraints or one on one supervision should have been used. Expert testimony from a nurse and family physician supported the claim.

In Illinois, all nursing homes must follow the Illinois Nursing Home Care Act which states that residents have basic rights and they cannot be the subject of neglect. Nurses must uphold the standard of care of acting as a reasonable careful nurse when attending to a resident at a nursing home. Too many times residents are just given an anti-anxiety drug and left uncared for. Sadly, this was the case here.

Damages for this conduct can include medical cost for treatment, funeral expenses, money damages for the pain and suffering of the resident up to her death, and losses to the heirs for loss of support, love and affection.

Continue reading "Jacksonville Illinois Nursing Home Sued" »