Missouri Injury Attorney Blog

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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Whether in Springfield, Branson, St. Louis, Kansas City, our constitutional rights follow us everywhere within the jurisdiction of the U.S. government. If you or a loved one has had a run in with law enforcement where your rights were trampled, call an attorney now.

Yes, when John Adams, George Washington, Thomas Jefferson and the other founding fathers put ink to paper and framed our constitution, they knew that government was inherently dangerous and that "We the people" needed a mighty sword to protect us from our own government. Your civil rights are protected only if you protect them. You can't undo what happened to you, but you can stop it from happening again or stop it from happening to another.

"Civil Rights Attorney Dedicated to Protecting Our Rights--David Payne will fight for you!"

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Posted In: Civil Rights

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A common belief is that our law enforcement officers should only use "reasonalbe force." If fact that is more than simply a belief, it a law! Below is a video about a case in which this attorney beleives the victim has a wonderful case. Maybe not of the $10 Million she claims, but depending on the extent of her brain injury...who knows how much her claim is worth?

The video does also provide a good discussion of what a jury would ultimately consider when evaluating a case that has been presented to them.

If you have a question and would like to talk with a civil rights lawyer about something that has happened to you, please call David Payne.

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Posted In: Civil Rights

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Police chase that ended with two Aurora, Missouri teens dead leaves many questions unanswered. While the final investigative report is not yet complete, the Highway Patrol should release this report soon, the facts we do know about the wreck that ended a police chase gives rise to possible civil lawsuits. There maybe lawsuits or insurance claims available for family members to pursue should they chose to look into holding those at fault for the deaths financially responsible.

The facts known now are that two Aurora teens died at about 2:21 a.m. in a one-car crash during a police chase. Caleb M. Dunning, 18, and Brian T. Williams, died in the crash on Washington Street south of Business 60 and left morning family members and friends behind. A TV reports suggested one of the young men had a young child.

Dunning was the driver of a southbound 1997 Ford Mustang that ran off the left side of the road and hit a utility pole and tree as Aurora police were in pursuit. It is also reported that neither Dunning nor Williams were wearing seat belts.

The Aurora Police Chief Rick Batson said, “It does appear that everything was handled appropriately by the officer."

“We’ve taken a look at it,” said Police Chief Batson, who also, interestingly enough, serves as Aurora’s city manager. Batson has not reviewed the Highway Patrol's report whereas it is not out yet, but has spoken with the officers on duty at the time and reviewed internal evidence.

Claiming the chase lasted only about 3/4 of a mile, the police chief added, “It was a police chase of very short duration,” he said,

He said the car’s driver, Caleb M. Dunning, fled when an officer turned on his emergency lights to pull over Dunning’s 1997 Ford Mustang. He said the officer was three to four blocks behind Dunning’s car when it apparently lost control, ran off the road and struck a tree and utility pole. The officer pursued but did not drive at an excessive speed, Batson said.

An experienced personal injury lawyer will look into a possible civil rights violation and into auto insurance that might apply.

This is a tragedy and my thoughts and prayers go out to the families of these two young men.

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Posted In: Civil Rights

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LAWYER FOR CIVIL RIGHTS IN MISSOURI

At the very core of our society, it the belief that government is intrinsically in need of being restrained in order to protect rights of our citizens--the belief is these rights are inherent and are God given. To that end, civil rights violations are allowed to be pursued in our civil courts to allow a remedy against the government.

"David Payne is a Missouri Civil Rights lawyer with experience and will offer a free consultation with no obligation to anyone with a civil rights question. Confidentially is assured to all callers"

The U.S. Constitution and the constitution for Missouri sets forth specific civil rights that shall not be infringed. Both federal and state laws state that when these rights have been denied, then the injured party shall be able to file a lawsuit to recover money damages. In many instances, the injured party may be able to get their attorney's fees paid for by the government.

Fundamental rights and liberties include the freedom of religion, freedom of speech, the right to procedural due process, and the right to be free from unreasonable searches and seizures. However, merely because you have been treated unfairly does not necessarily lead to the conclusion that you have had your civil rights violated. You will need an experienced civil rights attorney to help evaluate your specific situation and advise you.

Police shootings, accidents after a police chase, false imprisonment and other injuries stemming from involvement with law enforcement officers are common cases in which some one's civil liberties have been violated and in which an attorney can assist in seeking justice.

Civil rights violations are a specifically complicated area of the law in which you will need an experienced civil rights attorney to advise you and evaluate your claim.

If you have questions and are in need of help, I have the experience and passion to help you maximize your recovery from your civil rights claim. Contact me by email or better yet call me today at (417) 847-7516.

I look forward to hearing from you and working on your Civil Rights case.

"Every citizen should be a soldier. This was the case with the Greeks and Romans, and must be that of every free state." ~Thomas Jefferson

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Posted In: Civil Rights

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