I-64 FIERY TRUCK CRASH INJURES ONE

A fiery five vehicle crash closed westbound Interstate 64 near New Baden. The accident happened around 11:45 a.m. and involved a large truck. One minor injury has been reported and all westbound lanes of I-64 are closed at this time. The cause of the accident is under investigation.

VICTIMS OF DEADLY I-44 ACCIDENT IDENTIFIED

The victims of August 5, 2010’s deadly bus crash on Interstate 44 have been identified. The driver of a pickup truck that collided with a semi tractor and then was struck by a school bus was identified as nineteen year old Daniel Schatz. Daniel was the son of Dave Schatz, the Republican nominee for representative in the 111th district. Daniel was a reserve quarterback last year for the University of Missouri.

The second victim of the deadly accident has been identified as fifteen year old Jessica Brinker, a student in St. James, Missouri.

School Buses And Tractor Trailer Collide Leaving Two Dead, 50 Injured

Today, band members from John F. Hodge High School in St. James, Missouri were headed to Six Flags in Eureka, Missouri when they were involved in a serious accident that left two people dead and at least 50 injured.

According to Climate Express President Tim Laske, the accident happened around 10:15 a.m. when the tractor truck slowed down due to construction congestion on Interstate 44. A GMC pickup truck then hit the tractor truck from behind and then was slammed into by the first school bus, which drove over the car before it was struck by a second school bus. The driver of the first school bus told authorities that he was trying to change lanes and didn't see the stopped traffic in front of him.

Emergency responders were treating accident victims on a parallel highway south of the accident scene. Eight accident victims were transported via ambulance to a local unnamed hospital. Other students were seen at Cardinal Glennon Children's Hospital, St. John's Mercy Medical Center in Creve Coeur, Missouri Baptist Medical Center, St. Claire Hospital, and St. John's Hospital in Washington, Missouri. Twelve uninjured students were picked up by their parents.

Missouri Highway Patrol Cpl. Jeff Wilson reported that the driver of the pickup truck and a high school girl riding in the first bus were killed in the accident.

Our prayers are with the accident victims and their families.

July Worst Month for Fatal Hospital Errors

July could be the worst month to have a medical procedure performed. According to a recent ABC News article, medical errors are at their highest in July - the month that medical school graduates report to their residencies in hospitals.

Nicknamed the "July Effect", University of California at San Diego researchers investigated more than 62 million U. S. Death Certificates between 1979 and 2006. After ruling out deaths caused by unexpected allergic reactions and medication deaths that occurred outside of the hospital, researchers found that more than 244,388 deaths were caused by medication errors at hospitals. The study found that fatal medication errors spiked by 10% in July in areas with a high number of teaching hospitals, while the number remained the same in areas without teaching hospitals. Why?

People are put at risk for medical errors with new residents due to their inexperience, sleep-deprivation (they often work 36-hours shifts), and learning new systems at hospitals. Often, when accepting patients from a previous treating physician, such as at the end of a shift, frequently not all pertinent information is communicated.

According to Dr. Joanne Conroy, Chief Health Care Officer for the Association of American Medical Colleges, July is known to be a hectic month for medical providers, but she hesitates to pin all the blame on new residents. She said, "Even though we associated July with new residents, actually there are a lot of new caregivers in July. It's probably a time where there are a lot of health professionals assuming new responsibilities. Everybody moves up."

AAJ: THE TEN WORST INSURANCE COMPANIES IN AMERICA

Introduction

To identify the worst insurance companies for consumers, researchers at the American Association for Justice (AAJ) undertook a comprehensive investigation of thousands of court documents, SEC and FBI records, state insurance department investigations and complaints, news accounts from across the country, and the testimony and deposi- tions of former insurance agents and adjusters. Our final list includes companies across a range of different insur- ance fields, including homeowners and auto insurers, health insurers, life insurers, and disability insurers.

To read the article, click here.

Big rig driver inattention triggered a chain-reaction crash that killed two Missourians on Wednesday, June 2, 2010.

The accident happened around Noon on northbound Interstate 55 near McNutt Street when the truck driver took his eyes off the road to look at something on his right while driving in the right-hand lane of Interstate 55. When he returned his attention to the road, a line of cars had stopped in front of him.

The trucker, identified as Jay Valentine of Huntsville, Texas, swerved and hit a Chevrolet Impala. He then rammed a 2005 Ford Focus, running over it and dragging it nearly the length of a football field. The driver of that car, fifty-two year old Charles A. Martin of Perryville, Missouri, was pronounced dead at the scene mere minutes after the crash. According to Herculaneum Fire Captain Kevin Baker, the Focus "Didn't look like a car. It looked like scrap metal."

After dragging the Focus, the big rig veered off, causing a crash involving five more vehicles, including a Pontiac Vibe. The driver of the Vibe, twenty-eight year old Alana D. McKnight of Festus, Missouri, had to be cut from the car and airlifted to St. Louis University Hospital, where she later died.

According to Brian Schulz, a motorist who saw the accident occur, "He never hit his brakes. It was like a bowling ball and bowling pins."

As the crash investigation continues, the driver of the truck could face charges.

MISSOURI SUPREME COURT RULES ON TORT REFORM LAW

In a March 23, 2010 decision, the Missouri Supreme Court has issued its first decision involving the 2005 Tort Reform law, but it only affects cases filed prior to the new tort reform law was enacted, which was August 28, 2005.

Essentially, the Court ruled that the new law, which proposed a non-economic damages cap of $350,000 could not apply to cases where the injury occurred before the law went into effect. The Court did not address the effect of the law for injuries occurring after August 28, 2005.

To read the decision, click here.

Missouri Court Ruling on Probate Estate Finds In Favor Of Spouse

Luanne Unnerstall's husband, Harold Unnerstall, died in March 2006 without a will. On the first anniversary of his death, Mrs. Unnerstall filed a petition in the probate division of the Franklin County Circuit Court to administer his estate as he died without a will. Approximately one month later, and not timely in the eyes of the Missouri probate court, his nephew, Gary Unnerstall, presented a will to the probate court naming himself as executor of his uncle's estate.

According to Gary Unnerstall, he failed to file his uncle's will within the one year time period required by Missouri law because he believed all of his uncle's assets at the time of his death were held in a revocable living trust not subject to probate administration. In September 2008, the probate court entered an order allowing Gary Unnerstall to administer his uncle's estate – over Harold Unnerstall's widow's objections.

Mrs. Unnerstall petitioned the Supreme Court of Missouri for a Writ of Mandamus asking the Court to vacate the orders admitting her husband's purported will into probate, to enter an order declaring her husband died intestate, and to grant letters testamentary to her. A preliminary writ of mandamus was issued and, because the decedent's will was not timely presented, the writ was made permanent.

To read the order in State ex rel. Luanne S. Unnerstall, Protectee, By Anna Leighton, her Conservator, Relator v. The Honorable John B. Berkemeyer, Respondent, Cause No. SC89982, click here.

The U.S. Court of Appeals recently rendered a decision that allows nursing home residents bring a cause of action before the Court challenging the quality of care they receive.

In the case of Grammer v. John J. Kane Regional Centers, a civil cause of action was brought under 42 U.S.C. Section 1983 by the Administratix of the Estate of Melviteen Daniels. In the lawsuit against John J. Kane Regional Center, Sarah Grammer, the Administratix alleged that her mother, Melviteen Daniels did not receive proper care, which ultimately caused her death. Mrs. Daniels developed decubitus ulcers, became malnourished, and developed sepsis while a resident of the facility.

The lawsuit alleged that the facility was responsible for the wrongful death of Ms. Daniels in that she was deprived of her civil rights when the facility breached their duty to ensure she received quality care under the Omnibus Budget Reconciliation Act (OBRA) of 1987 as well as the Federal Nursing Home Reform Amendments (FNHRA, 42 U.S.C. Section 1396 (r)) . The facility filed a motion to dismiss citing that neither OBRA nor FNHRA provide a right that is enforceable enough through Section 1983. The U.S. District Court for the Western District granted that motion. The matter was then appealed to the U.S. Court of Appeals for the Third District.

U.S. Circuit Judges Richard Nygaard and D. Brooks Smith rendered a 23 page opinion that ruled that the language in the FNHRA did provide a remedy under Section 1983 to Medicaid recipients whose rights had been violated.

Tort Reform Law Declared Unconstitutional in Georgia

Just like Missouri, the Georgia Legislature passed its Tort Reform Act in 2005. The Georgia Tort Reform Act capped damages in medical malpractices cases to $350,000 against one or more medical practitioners and $1,050,000 for claims against multiple practitioners and/or medical facilities. These damages included claims for pain and suffering, but did not include future medical expenses or past or future loss of earnings. According to Georgia Legislature, "the damages caps were intended to help address what the General Assembly determined to be a 'crisis affecting the provision and quality of health care services in this state'".

In an opinion published on Monday, March 22, 2010, the Supreme Court of Georgia voted 7-0 that the caps placed on "noneconomic damages" violate a citizen's constitutional right to a trial by jury and thus are unconstitutional.

The decision involved Atlanta Oculoplastic Surgery v. Nestlehutt, et al. (S09A1432). In that case, Betty Nestlehutt underwent a facelift and carbon dioxide laser resurfacing procedure at Atlanta Oculoplastic Surgery under the supervision of Dr. Harvey "Chip" Cole of Atlanta. Mrs. Nestlehutt initially began the normal healing process after the January 2006 surgery, but problems soon developed. She developed a rash, which eventually caused open wounds on her cheeks and temples. Mrs. Nestlehutt's wounds eventually healed, but she suffered permanent scarring.

In April 2007, the Nestlehutts sued the plastic surgery practice, also known as Oculus, alleging that Dr. Cole was negligent. The jury returned a verdict of $1,265,000 in favor of the Nestlehutts. The verdict exceeded the maximum cap allowed under the 2005 Tort Reform Act, which established the amount of "noneconomic damages" that a party could recover. The Nestlehutts filed a motion to declare the 2005 Tort Reform Act unconstitutional.

In February 2009, the trial court declared the 2005 Tort Reform Act unconstitutional and awarded the Nestlehutts the full verdict amount of $1,265,000. Oculus filed a motion for a new trial, which was denied, and then appealed to the state Supreme Court.

In part, the 22-page opinion said, "The Georgia Constitution states plainly that '[t]he right to trial by jury shall remain inviolate. The very right to a trial by jury "includes the right to have a jury determine the amount of...damages, if any, awarded to the [plaintiff]".

In addition to overturning the tort reform law, the Supreme Court also ruled that the decision is retroactive to all cases pending, including those that have not completed the appeals process.

Supreme Court of Georgia strikes down tort reform law limiting pain and suffering damages awarded in medical malpractice suits in a 7-0 vote. Read the opinion in Atlanta Oculoplastic Surgery v. Nestlehutt, et al. (S09A1432).

Missouri Court of Appeals Rules on Whether Defendants' Negligence Is Responsible for Subsequent Suicide

In Kivland, et al. v. Columbia Orthopaedic Group, LLP and Robert Gaines, MD, the Court of Appeals ruled the trial court was correct when it dismissed the plaintiffs' claims of wrongful death and lost chance of survival.

Gerald Kivland underwent a surgical procedure to correct curvature of the spine. The surgery resulted in paralysis from the waist down and Kivland filed a medical malpractice lawsuit against Columbia Orthopaedic Group and Dr. Robert Gaines, the surgeon. Kivland's paralysis resulted in much pain in the paralyzed area, pain that refused to respond to aggressive painkillers, including a Morphine pump. Sadly, Gerald Kivland committed suicide on March 6, 2006.

His widow and their daughter amended the medical malpractice lawsuit to add counts for wrongful death and lost chance of survival, essentially arguing that Kivland's subsequent suicide was directly related to the alleged malpractice. Defendants countered that the doctor and Columbia Orthopaedic Group were not responsible for Kivland's suicide. The Court of Appeals, Western District stated that in Missouri "unless the tort victim is insane as a result of the negligence, suicide is seen as a voluntary, independent, and intervening act that destroys the claim of causation linking the negligence of the defendant to the death of the plaintiff." As a result, plaintiffs had to show that Kivland was insane at the time of his suicide. The trial court rejected the only expert witness plaintiffs' had, who alleged that the suicide was involuntary as a result of Kivland being insane. Plaintiffs could not produce any more evidence that Kivland was insane, so the trial court dismissed those counts. The appeals court subsequently ruled that the trial court's decision to dismiss the counts for wrongful death and lost chance of survival were correct.

St. Louis University and Paulo Bicalho, M.D. v. Alice Geary, et al.

Missouri Supreme Court Upholds Trial Court Judgment In Medical Negligence Case

In St. Louis University and Paulo Bicalho, M.D. v. Alice Geary, Individually, and As Personal Representative of the Estate of Phillip Sgroi, St. Louis University and Dr. Paulo Bicalho appealed a judgment obtained in the Circuit Court for St. Louis City pertaining to medical negligence involving the treatment of Phillip Sgroi.

Phillip Sgroi suffered a stroke in 2000 that affected his left side and rendered him unable to walk. It took months for him to regain his ability to walk a mere 50 feet with the aid of a walker and be able to get in and out of a car to go to restaurants and attend lectures and movies. Sadly, Mr. Sgroi slipped and fell on his left side while on a trip. When examined for injuries, he had a left arm fracture and a left knee contusion. Returning to St. Louis, he was admitted to St. Louis University Hospital for treatment and later received inpatient rehabilitation therapy.

Mr. Sgroi later was readmitted to St. Louis University Hospital with complaints of gastrointestinal pain and severe knee pain. Due to his pain, Alice Geary, Mr. Sgroi's wife, requested an orthopedic consult. On February 19, 2002, Dr. Bicalho examined Mr. Sgroi's left knee and ordered x-rays of the left knee. The films did not reveal any fracture, dislocation, or joint effusion in the left knee and Dr. Bicalho's diagnosis was left knee pain. Dr. Bicalho's recommendation was continued physical therapy for the knee. No x-rays were ordered for Mr. Sgroi's left hip.

After his discharge from St. Louis University Hospital, Mr. Sgroi went home. He became completely bedridden at home and in extreme pain. After a short period of time, Mr. Sgroi could not straighten out his lower left leg due to pain. By March 21, 2002, Mr. Sgroi was in such dire pain that he returned to the hospital complaining of worsening pain in the left leg from the mid-femur to the knee. An x-ray taken that day revealed a femoral fracture that was weeks old. Reportedly, the fracture was old enough that it would have existed at the time of Dr. Bicalho's consultation.

Due to his deteriorated condition - Mr. Sgroi had a severe urinary tract infection, atrophied muscles due to lack of use, and a bedsore from lying in bed - surgery had to be delayed until he could recover. Eventually, Mr. Sgroi underwent a left hemiarthroplasty in which he was given a prosthetic femur head. Later, Mr. Sgroi had to undergo yet another hip surgery, where it was discovered that he was suffering from an infected hip prosthesis and infected hip joint. The hip prosthesis and hip joint had to be removed and Mr. Sgroi lost his ability to walk permanently.

St. Louis University Hospital and Dr. Bicalho were sued by Mr. Sgroi and Ms. Geary, who alleged that they were negligent in failing to timely diagnose and treat the hip fracture. Ms. Geary also sued for loss of consortium. A jury awarded Sgroi and Geary $775,000 for the negligence claim and $50,000 for the loss of consortium claim.

The hospital and Dr. Bicalho filed post-trial motions, which the trial court overruled. Both defendants appealed to the Missouri Supreme Court, who upheld the trial court's finding.

Missouri Appeals Court Affirms Judgment Involving Incapacitated Adult

In The Matter of Mary Lou Schieber, Protectee vs. Mary Lou Schieber, Appellant and Michael Schieber, Respondent, WD 70095

In January 2007, Michael Schieber filed an application for appointment as guardian and conservator of his mother, Mary Louise Schieber. Mrs. Schieber's sister, Karen Hebert, filed an application for appointment as limited guardian and limited conservator and the trial court appointed attorney Scott Ross to represent Ms. Hebert in the ensuing proceedings. After a hearing, Mrs. Schieber was found to be totally incapacitated and totally disabled and appointed her son as her guardian and conservator.

The Court set a hearing for August 1, 2008 in which to conduct its annual review of Mrs. Schieber's status. Prior to that hearing, attorney Steven Petry filed an entry of appearance for Mrs. Schieber. Her court appointed attorney, Scott Ross, filed a motion to disqualify alleging that Mr. Petry had a conflict of interest as he had represented Ms. Hebert previously and that, due to the court's previous ruling, Mrs. Schieber was unable to retain private counsel due to her total incapacitation and disability.

The trial court found that Mrs. Schieber did not have the ability to hire private counsel due to her total incapacitation and disability and that Mr. Petry's continued representation of Mrs. Schieber's sister represented a conflict of interest. Attorney Ross' motion to disqualify Mr. Petry was granted and Mr. Petry appealed.

Upon reviewing the evidence, the Appellate Court affirmed the decision of the trial court in that Mr. Petry's representation of Mrs. Schieber's sister did represent a conflict of interest yet pointed out that, although Mrs. Schieber was declared totally disabled and incapacitated and "did not have the capacity to hire private counsel", she can still seek and be represented by private counsel of her choosing to assist her in her restorative efforts.

In August, 2004, William Stinson was operating a vehicle that caused the death of Ricky Young. Young’s family filed a multiple count lawsuit. In one count, they sued William Stinson for negligent and reckless operation of a motor vehicle that resulted in the death of Ricky Young. A second count named William Stinson and his parents. The parents were named as a result of them having paid their son William’s legal fees in connection with his numerous past driving offenses that included among other things, driving under the influence of alcohol, driving under the influence of drugs, and a January 2003 automobile accident that resulted in another death. William Stinson was charged with involuntary manslaughter after that incident.

During the course of discovery, Young’s family submitted a request to Stinson that he sign a medical authorization that would allow Young access to his medical, psychiatric, and psychological care and treatment for alcohol, drug and substance abuse from January 1990 to the present. Stinson objected to the request. However, the trial court judge, Ted House, heard oral argument on this issue overruled Stinson’s objection. He subsequently entered an order compelling Stinson to sign an authorization for such records. Stinson refused and instead brought this action, seeking this Court’s writ to prohibit the order.

In his brief, Stinson argues that his medial records should not be disclosed as he did not place his medical condition into issue in this case. He further argues that his records are protected by the physician-patient privilege and that he at no time during the course of this case waived the physician-patient privilege. Stinson further asserts the trial court lacks jurisdiction to order the discovery of his medical records.

Ricky Young’s family counters stating that responds the medical, psychiatric and psychological records of care and treatment for alcohol and substance abuse are key records in determining whether Stinson’s parents negligently entrusted their son with the operation of a motor vehicle. Stinson’s medical records, Young’s family argues, are relevant for that purpose and, moreover, does not violate the physician-patient privilege because it will not be used to prove Stinson’s liability nor will it cause him any humiliation that will jeopardize any need for medical care.

The oral argument on this matter took place in the Missouri Supreme Court on January 28, 2010. There is no set schedule for when the decision on this matter will made, although it will likely be before June 29, 2010.

Missouri Nursing Home Payday Loans

Three nursing home groups in Missouri regularly make payday loans to their employees at high interest rates which are repaid through payroll deduction. Members of these groups, headquartered in Sikeston, Missouri, include the following: James and Judy Lincoln, Mathias Dasal, Gary Crane, Timothy Drake, and Don Bedell. These individuals operate a combined total of 92 nursing home facilities.

Missouri legislators have become increasingly intolerant of predatory lending in Missouri nursing homes and have introduced House Bill Number 1509 which, if passed, will make it illegal for nursing home payday lenders "to facilitate, encourage, solicit, advertise, or provide unsecured loans of $500 or less on the premises of any nursing home property or any residential care facility, assisted living facility, intermediate care facility, or skilled nursing facility.

House Bill 1509 was sponsored by Mary Still (D-Boone) and co-sponsored by John Burnett (D-Kansas City).

House Bill 1509 is not yet law and faces several hurdles before it reaches the governor's desk.

Illinois Supreme Court Overturns Medical Malpractice Caps

In a surprising decision, on February 4, 2010, the Illinois Supreme Court ruled that it is unconstitutional to cap damages on medical malpractice jury awards and overturned the state’s 2005 landmark medical malpractice reform law. Essentially the justices’ decision stated that the legislature violated the separation of powers clause when it passed the tort reform law.

The 2005 law capped “pain and suffering” jury awards against physicians and hospitals at $500,000 and hospitals at $1 million.

James Berra v. Charles Danter, Missouri Court of Appeals, Eastern District - UPDATE

On October 27, 2009, the Missouri Court of Appeals for the Eastern District opined the defendant's argument that the court may only consider medical bills "incurred" to the extent of the dollar amount paid had no merit. The court further stated, "Defendant's interpretation of "incurred" in subsection (a) of S490.715.2 as the amount "paid" is not only inconsistent with the prior definition given to "incurred" by our courts, but also this interpretation would make subsection (b) of 490.715.2, which specifically allows evidence of the amount actually paid for medical treatment, superfluous."

"Vague Methodology" Leads to Criticism of Medical Bills Law

On August 13, 2009, St. Louis County Judge Steven H. Goldman sustained Plaintiff's Motion for New Trial. The basis for Judge Goldman's ruling relates to S490.715.5 of the Revised Statutes of Missouri. Citing the statutes "vague methodology", Judge Goldman determined that the statute violated the substantive due process provisions of the U.S. and Missouri Constitutions.

Texting in Missouri Banned For All Drivers? It Could Happen!

After a Virginia Tech Transportation Institute study released in July 2009 revealed that cell phone use or reaching for a telephone or other electronic devices in a vehicle increased the risk of collision approximately six times in passenger vehicles and trucks, Missouri lawmakers stepped in and banned texting while driving for drivers 21 and under in August 2009. In November 2009, the Missouri Department of Transportation followed suit and banned their employees from sending text messages while operating agency equipment or driving agency vehicles. That ban also applied to employees during working hours that drove their own vehicles.

Pharmaceutical Giants Swallow Tough Pill

Donna Scroggin began taking estrogen and progestin drugs after a bout with breast cancer. In 2004, she sued Wyeth and Upjohn, pharmaceutical distributors, and its divisions for failure to warn of the risk of breast cancer from combination hormone therapy. The trial was bifurcated, with liability being determined first and punitive damages being determined second.

After a three week trial, the jury awarded Donna Scroggin compensatory damages in the amount of $2.7 million. Following a three day trial, Wyeth was found liable for $19.36 million and Upjohn liable for $7.6 million in punitive damages.

Court of Appeals Judge Judge Wollman recently ruled that the companies' rights were not violated due to district court errors and upheld the verdict for compensatory damages against Wyeth and Upjohn. The order granting judgment as a matter of law to Upjohn for the claim for punitive damages was affirmed. The order granting judgment to Wyeth for punitive damages was vacated and the case was remanded to district court for a new trial on punitive damages.

Automobile Accident Statistics

In 2002, an estimated 6.3 million auto accidents in the United States caused 2.9 million injuries and claimed 42,000 lives. In Missouri alone, more than 1,100 people died in automobile accidents. Sadly, among young people, auto accidents are the leading cause of death. More often than death, however, auto accident rob their victims of their livelihood and often force them to undergo expensive surgeries and costly medical care. Compounding the tragedy of a serious or fatal accident is the fact that the vast majority of auto accidents are preventable. When someone is distracted, negligent, or under the influence of alcohol or drugs, an auto accident is more likely to occur. While we are not always able prevent negligence of other drivers, we can protect ourselves. Buckle up and drive safely!

Washington State Supreme Court Rejects Certificate of Merit Requirement

Kimme Putman sued Wenatchee Valley Medical Center and several physicians for negligently failing to diagnose her ovarian cancer. The trial court dismissed her lawsuit because Putman failed to file a Certificate of Merit from a medical expert, as required for medical malpractice lawsuit under RCW 7.70.150. Putman challenged the constitutionality of the certificate of merit requirement and the Supreme Court of Washington found RCW 7.70.150 unconstitutional because it unduly burdens the right of access to courts and violates separation of powers. The matter was remanded to the trial court for further proceedings.

Information released by the U.S. Department of Transportation revealed that 6,000 people were killed and a half-million suffered injuries in traffic accidents tied to distracted drivers last year. There is now a move afoot in the Missouri legislature to extend the texting ban to all Missouri drivers.

Study Finds Texting While Driving Significantly Raises Risk Of Automobile Crashes

Have you ever been driving down the highway and watched the car in front of you drift in and out of the traffic lane? Ever experience a car nearly sideswipe you for no apparent reason? If so, you may have narrowly missed being involved in an accident with a driver who is texting while driving.

The Virginia Tech Transportation Institute recently used cameras to observe truckers and light vehicle drivers for more than six million miles. Their conclusion was that texting while driving dramatically increases the risk of accident due to motorists taking their eyes off the road. When drivers of large trucks tried to send text messages while driving, their collision rate was twenty-three times greater than when not texting. Dialing a cell phone and using or reaching for a cell phone increased collision risk approximately six times in cars and trucks.

While recent studies implied that talking and listening were as dangerous as texting, this study indicates that is not the case. Talking or listening on a cell phone allows drivers to keep their eyes on the road. Texting drivers spend nearly five seconds looking at their devices, which, at 55 miles per hour, is more than enough time to cover the length of a football field.

The study also found that the use of headsets with cell phones is not safer because answering and dialing both take the driver's eyes of the road.

To ensure safety, the Institute recommended that texting be banned for all drivers and cell phone use while driving should be forbidden for newly licensed drivers. Currently, only fourteen states ban texting while driving, including Arkansas, but that number is likely to rise.

Be smart and safe: don't text and drive.

Move Over In Missouri: It's The Law!

We all know that we are to move over and stop when an emergency vehicle approaches us while driving, but did you know that you have obligations as well when you approach a stopped emergency vehicle? Missouri law says you do.

Missouri law (RSMo. 304.022.2) requires Missouri drivers to yield the right of way and move over one lane, or if there is not room, slow down and move over half a lane, when approaching a stationary emergency vehicle with its lights on, working on, or in any part of the roadway. This law is applicable not only to tow truck drivers but also recovery personnel, emergency responders, law enforcement, fire and rescue, EMS, Hazmat, and Department of Transportation workers. Failing to comply with this law is a Class A misdemeanor.

Do your part in keeping Missourians safe (and in not getting a ticket!)

Jefferson County Judge The Latest Critic of Missouri Medical Bills Law

Jefferson County, Missouri Judge Robert G. Wilkins ruled that the value of medical treatment rendered to plaintiff shall be the dollar amount billed or charged by the plaintiff's healthcare providers, rather than just the amount paid. Judge Wilkins further ruled that S490.525 R.S.Mo 2000, as amended, is controlling.

"Oh No You Don't!" Defense Lawyers Prohibited From Ex Parte Communications With Plaintiff's Physicians

In this case, the Missouri Court of Appeals ruled that defense lawyers are not permitted to engage in informal ex parte communications with a plaintiff's physician absent express authorization from the plaintiff. This Court also reviewed the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) and concluded that HIPAA generally prohibits physicians from engaging in an ex parte oral disclosure of a patient's protected health information. The Court reasoned that plaintiffs are free to execute authorizations authorizing ex parte communications between the patient's treating physician and the defense attorney, but a litigant patient in a personal injury lawsuit is not obligated to sign any such authorization. The Court finalized its opinion by stating that any attempt by a lawyer to convince a physician to voluntarily, and perhaps unwittingly, violate HIPAA may carry with it a host of other legal ramifications.

Surveillance Videos And Photos Are Not Work-Product

An Illinois federal judge ruled that defendant's surveillance videos and photographs must be produced to plaintiff. In making his Order, U.S. Magistrate Judge Byron G. Cudmore ruled that the plaintiff's Motion to Compel surveillance documentation should be granted and specifically overruled defendant's objection that surveillance tapes in its possession were work-product.

Attempt To Have Attorney Indemnify Defendant In Settlement Could Violate Rules of Professional Conduct

The Advisory Committee of the Supreme Court of Missouri recently issued Formal Opinion 125 after reviewing the Missouri Rules of Professional Conduct concerning attorneys agreeing to indemnify the opposing party for debts owed by the attorney's client. Rule 4-1.8(e) provides that a lawyer shall not provide financial assistance to a client in connection with pending on contemplated litigation with the exception of the advancement of court costs and litigation expenses. Therefore, an attorney cannot indemnify an opposing party as it violates Rule 4-1.8(e). If a third party has a legal interest in funds held by the attorney, the funds must be disbursed or held in trust until the matter is resolved. In matters of settlement, it is a violation of Rule 4-8.4(a) for an attorney to propose a settlement that includes a provision that would involve a violation of any of the Rules of Professional Conduct by another attorney.