June 5, 2024

Missouri Supreme Court Sides with MoDOT in Wrongful Death Suit

A case just went before the Missouri Supreme Court that I believe we have not heard the last of, by any means.

The case is centered on the death of two workers, one of them pregnant, while on the job.

The workers were killed when a driver of a vehicle approaching the work area experienced a medical emergency, then struck and killed the workers.

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The highway workers, 58-year-old James Brooks and 25-year-old Kaitlyn Anderson, who was six months pregnant with a baby boy she named Jaxx, were struck and killed by a vehicle.

Anderson’s mother, Tonya Musskopf, sued the state and several MoDOT supervisors, arguing that MoDOT was not properly protecting its employees.

MoDOT claims that workers comp laws protect it from any liability in the matter.

The law cited says that if the worker is not married and does not have children under 18, they are not liable if the employee dies on the job.

MoDOT argued that the law applies to both Anderson and her unborn child, who MoDOT argued was an employee of the company.

It further stated that since both were single and unmarried, the company was not liable.

After hearing the argument, the state Supreme Court agreed and dropped the case against the MoDOT supervisors named in the suit.

Andrew G. Mundwiller with The Cagle Law Firm is representing the deceased, and he stated, “Today, the Missouri Supreme Court stripped innocent people of their right to a jury trial and sided with big government and big money. Government employees are allowed to wrongfully kill without consequence.

“This opinion will reward wrongdoers under the disguise of ‘immunity’ and make Missouri citizens less safe. I do not regret fighting for these wonderful families who had the courage to take on the power structures. Wrong is wrong. It’s a sad day for justice in this state.”

It is rather ironic that Democrats argue a fetus has no rights and is not a human being to justify abortion, yet here the opposite was argued to allow MoDOT out of possible liability for the mother and the unborn child’s deaths.

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