St. Louis Injury Lawyer Blog

A Missouri family is in court once again after their daughter's death in 2003 while climbing a rock wall. Christine Ewing, 22, was climbing a wall at a Mid-Missouri Mavericks minor league baseball game in Columbia, MO when a safety cable broke. Ewing fell 20 feet onto asphalt. Police later discovered that the cable was not only rusty, but was frayed and held together with duck tape.

The owner of the wall, Marcus Floyd, was tried for involuntary manslaughter after the incident but ended up pleading guilty to misdemeanor assault. Ewing's parents sued Floyd in 2004 in a wrongful death suit that resulted in a $700,000 award. However, now the Ewings claim that the Mid-Missouri Mavericks hold some liability for letting Floyd allow the cord to fall into disrepair.

Continue reading "Missouri Parents Continue Lawsuit Against Baseball Team After Daughter's Death" »

In 2008, 29-year-old Timothy Epperson was working for the city of Perry, MO fixing sewer lines with another city worker when the sides of the trench collapsed. His co-worker survived but Epperson was trapped under the debris and died later that night in an area hospital.

Epperson left behind three sons and a wife who would eventually file a suit against the town's superintendent on behalf of her sons. Last week, Circuit Judge Robert Clayton II awarded the family $6 million, claiming "breached duty of care" towards Epperson on the part of the town. According to the Hannibal Courier-Post, the judge also claimed that proper safety precautions were not observed on the site of the accident and that the superintendent was aware of the dangers around the trench.

Continue reading "Missouri Trench Collapse Victim's Family Awarded $6 Million" »

An Overland officer has been charged with one count of first-degree involuntary manslaughter based on his involvement in a confrontation that left one man dead as a result of being pushed down a flight of stairs. Ken Hamilton, 49, suffered from a head injury after being pushed down a set of stairs on March 20. On March 25, Hamilton died in a St. Louis hospital after spending several days on life support.

The officer, Andrew Thomas Ringeisen, came to Hamilton's duplex after receiving a road rage complaint citing a vehicle whose description matched Hamilton's Jeep. Ringeisen and other officers arrived at the 2600 block of West Milton Avenue sometime close to 11 p.m. While the Overland Police Department is not providing details the exact sequence of events, they told the St. Louis Post-Dispatch that no guns or Tasers were used during the officer's interactions with Hamilton.

Continue reading "Overland Policeman Charged After Pushing Man Down Stairs" »

Last Wednesday, the family of a pedestrian who was fatally injured last year took their case to court. On September 14, 2009, 83-year-old Lionel Speidel was crossing the street when a car struck him. The car, a Pontiac Grand Am, was being driven by a 17-year-old when the accident occurred at the 3800 block of Virginia Avenue, less than a block away from the teen's home.

Investigators later learned that the teen had been under the influence of marijuana at the time of the accident and he was charged with involuntary manslaughter. Speidel later died in a nearby hospital. Recently, his daughters have taken on the driver and his family, filing a wrongful death suit seeking more than $50,000.

Continue reading "St. Louis Family Sues Over Fatally Injured Pedestrian" »

Last Friday, a 10-year-old Livingston girl was fatally injured in an all-terrain vehicle (ATV) accident. The minor, Montana Garner, was a passenger on the adult-sized vehicle being operated by her 12-year-old friend. At some point the vehicle flipped, landing on top of her head and causing her death.

Upon receiving the call about their daughter, Larry and Diane Garner rushed to the scene of the accident. While waiting for the ambulance to arrive, her mother administered CPR without response. Montana was rushed to a nearby hospital before being airlifted to Cardinal Glennon Children's Medical Center in St. Louis. She was pronounced dead upon arriving at the hospital.

Garner's parents claim they didn't know their daughter was riding or in any way operating an ATV. They told the St. Louis Post-Dispatch that they never would've given the child permission if the parents had asked.

According to ATVSafety.gov, a site sponsored by the U.S. Consumer Product Safety Commission, children under 16 should never be allowed to operate an adult-sized ATV. Their research found that in 2008 alone, there were 135,100 emergency-room treated ATV accidents and 410 of them were fatal.

Continue reading "New Douglas Illinois ATV Accident Tragically Kills 10-Year-Old " »

Two St. Louis women were killed on Friday when the car they were riding in was broadsided after pulling into the path of an on-coming SUV. The sisters have been identified as Deneice G. English, 54, and Verna L. Smallwood, 43.

The accident occurred near Illinois Route 3 and Missouri avenue when the car the women were riding in attempted to make a left turn into the Lowe's on Missouri Avenue. The SUV was heading north on Route 3 when it struck the side of the car as it turned, flipping the SUV onto its side.

English was pronounced dead shortly after arriving at the Gateway Regional Medical Center in Granite City, while her sister was rushed to a St. Louis hospital where she died the next morning. The driver of the car has not been identified, but reportedly has been treated and released from the hospital. Similarly, the driver of the SUV is reported to have escaped serious injury.

According to the Illinois Department of Transportation (IDOT), there have been 142 fatalities from accidents to date in 2010. In a 2008 study, IDOT notes there were 77 fatalities and 11,376 injuries related to accidents while turning.

Continue reading "St. Louis Missouri Sisters Killed in Granite City Crash" »

In 2004, Pamela Hoppe, a Granite City Illinois resident, became an LA Weight Loss client. The center-based weight loss system distributed supplements to Hoppe as part of their weight loss program. However, after following the program for three months, she began to experience symptoms of liver failure.

By August of 2004, Hoppe was rushed to a local hospital with jaundice, nausea and abdominal fullness. She was immediately transferred to St. Louis University Hospital, where she was diagnosed with liver failure. Almost exactly four months after beginning her LA Weight Loss program, Hoppe died while waiting for a liver transplant.

In 2005, Hoppe's sister, Carolyn Schur filed a suit against the weight loss center. As the administrator of her sister's estate and legal guardian of the daughter she left behind, Schur sued LA Weight Loss for negligence, wrongful death, and other charges, claiming they neglected to properly test the supplements and failed to warn clients of their health risks. Now, nearly five years since the suit was filed, LA Weight Loss settled with Schur for $700,000.

The Food and Drug Administration (FDA) is responsible for supervising the safety of food and medicine, including diet pills. Many weight loss supplements have not been approved by the FDA, in fact, their website contains a constant list of warnings against both specific diet pills and commonly used ingredients.

Continue reading "Woman Wins Settlement from LA Weight Loss in Wrongful Death Suit" »

Early Thursday morning, Ameren UE workers discovered a woman's body in the parking lot of a North Saint Louis bar. The woman has been identified as Stephanie Caroll, 42, a resident of the area. The workers discovered the body around 8:45 a.m. and immediately called the police.

The parking lot is located at 4960 Parker Road, next to a an establishment called Meyer's Country Cottage and Irish Pub. Investigators said there was no obvious cause of death but police are classifying it as a suspicious incident. An autopsy is currently being performed to determine the cause of death and piece together the night's incidents.

Continue reading "Body Found Behind North County Bar In St. Louis" »

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" »