Missouri Injury Attorney Blog

A Seymour woman was seriuosly injured in a Missouri ATV accident on July 9, according a report from the Missouri State Highway Patrol.

Lisa M. Jones, 37, of Seymour, was driving her 2008 Polaris all-terrain vehicle southbound on Skyline Road north of Seymour when it began to slide. Jones was ejected from the vehicle and was airlifted to St. Johns Hospital in Springfield with serious personal injuries.

As ATV popularity continues to rise, so does the occurrence of accidents involving them. Because of their unstable design, these vehicles, sometimes weighing more than 700 pounds, easily overturn. If you include this with uneven surfaces and highway speeds, it is easy to see why ATV-involved accidents are on the rise.

The annual total of accidents involving ATVs increased nearly 180 percent between 1995 and 2004, according the U.S. Consumer Product Safety Commission (CPSC). Young children below the age of 16 accounted for almost one quarter of all ATV-related deaths and one third of ATV-related injuries that include brain and spinal cord trauma.

As a result of hazardous designs and manufacturing defects, people have suffered countless injuries and deaths because of accidents that involve ATVs. Victims and their families of these accidents might be eligible to receive compensation for the following:

•Medical expenses
•Funeral expenses
•Loss of wages
•Pain and suffering
•Other damages that relate to your accident

If you or a loved one has been injured and killed as a result of an accident involving an ATV, we highly recommend you to contact an experienced Missouri ATV accident attorney at David Payne Law. David will seek compensation you deserve and outline your legal options.

Contact David Payne at 417.847.7516 anytime for your free initial consultation.

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Posted In: ATV/Utility Vehicle Accidents , Advice for the Injured , Defective Products

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Wendi D Piemonte, 33, of Branson West, MO suffered serious personal injuries in a Missouri SUV rollover accident, according to a report from the Missouri State Highway Patrol.

On the afternoon of July 14, 2009, was westbound on Rolling Acres Road south of Branson West when her 2005 GMC SUV ran off of the roadway and overturned. Piemonte was then taken to Skaggs Regional Medical Center.

I wish Wendi the best towards a quick and complete recovery.

Thousands of Americans die every year in rollover accidents. According to the National Highway and Traffic Safety Administration (NHTSA), at least one quarter of traffic accident fatalities occur in rollover crashes. Auto manufacturers are continuing to make vehicles with weak roofs that can easily cave in and crush the passengers inside. This can result in disastrous injuries to the brain and spinal cord or even death.

In this Missouri rollover accident, it's not clear what caused Piemonte to run off the roadway. An experienced rollover accident attorney, David Payne, would look into whether there was a mechanical problem or motor vehicle defect involving the GMC that may have caused this Missouri rollover accident.

If this car accident was caused by some type of defective product, then the car maker could be held liable for the personal injuries that it caused. This compensation would include the following:

•Medical expenses
•Funeral expenses
•Cost of medication
•Hospitalization and long-term care
•Loss of wages
•Other damages resulting from the accident

If you suspect your personal injuries are a result of a defective car or a car product defect, please contact experienced Missouri rollover accident attorney David Payne at 417.847.7516 to find out more information about your legal rights and options. The best personal injury attorneys always offer a free and comprehensive consultation to injured victims and/or their families.

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Posted In: Advice for the Injured , Auto Accidents , Brain Injury , Insurance Claims , SUV Rollover Accidents , Spinal Cord Injury

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Evenflo, a popular manufacturer of baby and child products, has recalled some of its toy telephones due to a choking hazard, according to the Consumer Product Safety Commission (CPSC). Families of children, who have suffered serious personal injuries due to a defective toy or other children's product, should contact an experienced personal injury attorney at David Payne Law.

On July 16, 2009, Evenflo recalled about 25,000 of its Switch-A-Roo Telephone Toys. A mirror decal on the front of the toy can peel away which can cause a potential choking hazard. This recall includes Switch-A-Roo phones manufactured between October 2008 and June 2009.

This product was sold at children’s stores nationwide, including Toys ‘R Us, for about $8.

For additional information on this recall, you can contact Evenflo at 800.233.5921 or at safety.evenflo.com.

Defective toys, such as this, could cause serious injuries or death to babies and small children. It is important to keep in mind that in any product liability case, the manufacturer of the product can be held liable when:

•The product’s design is unsafe and poses a hazard
•The manufacturer fails to make the product in accordance with specific safety guidelines
•The manufacturer fails to give any or adequate warnings of risks that arise when using their product
•The manufacturer does not give clear or complete instructions to reduce the risk of injury from the potential use of the product.

If you or a loved one has suffered personal injuries or death because of a defective children’s product, you are well-advised to contact a Missouri product liability attorney at David Payne Law, LLC. David can help you receive compensation for your injuries and reimbursement for repairs and/or replacements of products.

Contact David Payne anytime at 417.847.7516 for a complimentary, no-obligation consultation. David will outline your legal options and advise you in the direction that will best benefit you.

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Posted In: Advice for the Injured , Defective Products , Insurance Claims

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Two gentelmen suffered serious personal injuries in a Missouri 18-wheeler accident on July 14, according to a report from the Missouri State Highway Patrol.

Mark L. Mickel, 43, of Matthews, MO, was traveling westbound on Highway 32 in a 1996 International truck when he crossed the center line and hit a 2005 Chevrolet Uplander, driven by Stephen K. Nixon, 62, of St. Louis, MO. Mickel went off the left side of the road and hit a tree. Nixon went off the right side and overturned. Both men were taken to St. Genevieve County Hospital with minor personal injuries.

So many of these accidents result in serious injuries and death, but luckily this Missouri commercial truck accident resulted in only minor injuries for the persons involved.

I wish the best for these two gentlemen in their recoveries.

Although there were less large truck-related accident deaths in 2008 (4,229) compared to 2007 (4,822), too many Americans continue to perish in 18-wheeler and large trucking accidents. Although some of these accidents do not occur at the fault of the truck driver or trucking company, there are still steps that they can take to prevent accidents.

Steps that truck drivers can take include, but are not limited to, the following:

•Do not drive when fatigued
•Always check your blind spots
•Stay a safe distance behind other vehicles
•Properly maintenance your truck
•Reduce your speed in work zones
•Frequently inspect your truck
•Properly secure your cargo
•Practice defensive driving
•Always get plenty of rest before driving

If you or a loved one has been injured or killed in a Missouri 18-wheeler and large truck accident, please contact an experienced Missouri injury attorney at David Payne Law. David will properly investigate the evidence, assess your injuries, and pursue the maximum recovery that you deserve.

Contact David Payne at 417.847.7516 anytime for a free and comprehensive consultation.

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Posted In: Advice for the Injured , Auto Accidents , Commerical Trucking Wrecks , Insurance Claims , Wrongful Death Claims & Litigation

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A Missouri couple has been awarded $1.1 million in a lawsuit settlement because of the smell from a factory hog farm in the vicinity of their home.

Ed and Ruth McEowen, of Jerico Springs, MO filed a nuisance lawsuit back in 2005 against the hog operators after barns were constructed less then 1,000 feet from their house.

“Night was always the worst,” Ed McEowen said. “It’s like the monsters come out at night. The sickening stench just lays down here in the valley once the sun goes down. You could never invite anybody over because you never knew how bad the stench was going to be.”

The lawsuit, which was finalized in the middle of July 2009 in Cedar County Circuit Court, was filed against the owner of the barns, Doug Mullings, the supplier of the hogs the Missouri Farmers Association (MFA), North View Swine Co., and the Missouri Farm Bureau.

The suit claimed that Mullings built one of the six barns built without a construction, permit, which was in violation of Missouri Department of Natural Resources (MoDNR) regulations. In addition, the farm was in operation for six years without an operating permit from MoDNR.

Hog waste polluted a creek that runs the McEowens’ property, which they had made their home on for 30 years before that.

The settlement only involved odors up to the date of the settlement. However, Ed and Ruth said they would be ready to file another nuisance claim if the hog farm continued to harm and intrude on their quality of life.

“I’m sending them a message,” said the McEowens’ attorney, Michael David Holzknecht, of Stockton, MO. “Most of our clients have been living in their homes for generations. The big hog companies try to say its people from the city moving out (to the country) that don’t get ag odors. It is anything but that.”

If you or a loved one has been injured because of the fault of another party; by negligence, personal injury, slip and fall, auto and trucking accidents, ATV accidents, medical malpractice, defective products or drugs, please contact Missouri personal injury attorney David Payne.

Please contact David Payne at 417.847.7516 anytime for a free, no-obligation case analysis.

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Posted In: Civil Rights , General , Insurance Claims

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Dorel Juvenile Group (DJG) issued a defective children’s product recall for about 28,350 of their child restraint systems on July 15, 2009, according to a report from the National Highway Traffic Safety Administration (NHTSA).

This defective product recall involves certain models of Maxi-Cosi Mico Infant Child Restraint Systems.

•Maxi-Cosi / 22-371 (Mico)
•Maxi-Cosi / 22-372 (Mico)
•Maxi-Cosi / 22-515 (Mico)

This recall is in response to interference between the mounting bracket and the base caused by warping of the base or inadequate mating between the shell and the base mounting bracket can result in difficulty attaching or detaching the shell from the base. Consequently, if the shell is improperly mounted to the base, then the child could be seriously injured or killed in the event of an accident.

DJG will notify all registered owners and will send a new mico base to owners of the affetcted seats at no charge. For more information you may contact DJG at 1.877.657.9546 or NHTSA at 1.888.327.4236.

Defective children’s products can include manufacturing defects, design defects, deceptive marketing, and mislabeling of products. Improper warnings and/or instructions on the packaging of a children’s product can cause devastating personal injuries to our nation’s youth. If a product is proven to be defective, then the manufacturer can be held legally responsible for the victim’s losses.

If your child has suffered personal injuries or death because of a defective children’s product, you are well-advised to contact a Missouri product liability attorney at David Payne Law, LLC. David can help you receive compensation for your injuries and reimbursement for repairs and/or replacements of products.

Contact David Payne anytime at 417.847.7516 for a complimentary, no-obligation consultation. David will outline your legal options and advise you in the direction that will best benefit you.

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Posted In: Child Safety Seats

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The June 28 seven-vehicle pile-up that took place on the Will Rogers Turnpike left 10 people wrongfully dead and marked Oklahoma’s 32nd fatal 18-wheeler accident, according to a recent OKNews article.

Seven federal investigators from the National Transportation Safety Board, along with local investigators, looked through the remains of one of Oklahoma’s deadliest highway crashes. Capt. Craig Medcalf of the Oklahoma Highway Patrol (OHP) determined that the tractor trailer was roadworthy and its brake pads were in good condition.

"In an accident of this magnitude, everything’s going to be closely looked at,” Medcalf said.

The truck’s driver, Donald Creed, 76, of Willard, MO, could face up to 10 negligent homicide charges, Ottawa County District Attorney Eddie Wyant said.

The 18-wheeler is owned by Associated Wholesale Grocers (AWG) of Kansas City, KS. According to the Federal Motor Carrier Safety Administration (FMCSA), AWG has a satisfactory rating. The FMSCA’s records show no problems with the company’s drivers and they have an above-average-out-of-service-rate, which is how frequently the trucks have been taken off of the road after a safety threat is found.

On the afternoon of the crash, Larry Smith, of Tulsa, OK, was stuck in traffic on I-44, along with his wife, granddaughter, and one of her friends, on their way to Branson to celebrate his granddaughter’s birthday.

Smith’s wife, Marcella, heard the crash. “All of a sudden we heard this pow-pow-pow there. There was no horn. No screeching. No anything,” said Marcella.

The OHP determined that Creed was in “apparently normal” condition with no sign of drug s or alcohol and he was not using a cell phone.

A cruise-control device revealed that Creed’s truck was traveling at 71 mph at the time of the crash, Horton said. The speed limit on that stretch of the turnpike is 75 mph.

"We actually interviewed truck drivers that were immediately behind him, they all were able to detect the backup so they started backing off and slowing down,” said Patrol Captain Scott Horton. "He just pulled away.” Troopers saw no signs or evidence of braking by Creed, continued Horton. "No skid marks,” he said. "We didn’t see any visible signs of braking.”

“While Creed was within federal daily driving limit requirements, fatigue could have played a factor in the crash,” Horton said. “It will be at least a month before a report will be ready to turn over to prosecutors,” he added

Clayton Boyce, vice president of public affairs for the American Trucking Association, offered condolences to the victims’ families. Little can be said until after the investigation is complete, he stated.

Families in which loved ones have perished or suffered personal injuries due to an 18-wheeler accident, like this one, would be well-advised to retain the services of experienced Missouri 18-wheeler accident attorney, David Payne. David Payne Law will help determine the facts of the case, identify the negligent parties, and attempt to hold them responsible.

Where negligence or wrongdoing is involved, families of deceased traffic accident victims are able to file a wrongful death claim. Such a claim compensates the victim’s families for the death of their loved one that may have been caused by the negligence of another party.

Contact David Payne at 417.847.7516 for a free, no obligation consultation. David will outline your legal rights and the options you have regarding your claim.

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Posted In: Advice for the Injured , Auto Accidents , Commerical Trucking Wrecks , Wrongful Death Claims & Litigation

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Polaris Industries issued a defective product recall for about 4,700 of their 2009 all-terrain vehicles on July 22, 2009, according to a report from the U.S. Consumer Product Safety Commission (CPSC). Victims and their families, who have been injured or killed due to a product defect, would be advised to contact an experienced Missouri product liability lawyer at David Payne Law,

The recall is in response to the probability of the valve assemble failing in freezing temperatures. This can cause oil to leak into the exhaust system. This can pose a serious fire and burn hazard to the rider of the vehicle. So far, the company has received numerous reports of this event occurring. These instances resulted in several fires, damage to air boxes, ignition coils, and the seat.

This defective product recall involves certain models of the 2009 Sportsman ESP XP 850 and Sportsman XP 850. This ATV was sold at Polaris dealers throughout the nation from September 2008 to June 2009 for roughly $9000.

For a list of the model numbers included in this recall, please visit the U.S. Consumer Product Safety Commission website at www.cpsc.gov, or call Polaris at 1-888-704-5290.

Consumers who own one of these defective ATVs must immediately stop using the vehicle in freezing temperatures and contact their local Polaris dealer for a free repair. If you have registered your Polaris ATV then you should be receiving a notification in the mail about this recall.

Hundreds of young adults are injured or killed in ATV accidents every year in the U.S. Quite a few of these crashes are a result of a defective ATV. According to the CPSC, there were 750 deaths and 146,600 injuries involving ATV crashes in America in 2006.

If you believe that your ATV accident was caused by a defective design or product, you would be well-advised to preserve the vehicle in its crashed condition so it can be inspected by a product defect expert.

If you or a loved one has been seriously injured or killed in an ATV accident and believe it was because of a defect within the vehicle, please contact experienced Missouri defective ATV attorney David Payne. David will outline your legal rights and options.

Please contact David Payne at 417.847.7516 anytime for a free, no-obligation consultation.

Posted by David Payne | Permalink | Email This Post

Posted In: ATV/Utility Vehicle Accidents , Defective Products , Insurance Claims , Wrongful Death Claims & Litigation

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