Congratulations to Erin Vorhees for passing the Arkansas Bar Exam!

April 6th, 2012 by Johnson, Vorhees & Martucci
Erin Vorhees Passes Arkansas Bar Exam

Erin Vorhees Passes Arkansas Bar Exam

Why Do We Need the Civil Justice System? To Protect Our Kids!

December 13th, 2011 by Johnson, Vorhees & Martucci

The below information is taken directly, word for word, from the American Association for Justice’s online pamphlet “Why We Need the Civil Justice System: TOYS“. The American Association for Justice is a group of trial attorneys, nationwide, who devote their time to protecting the injured and their families.

Children’s Jewelry

Children’s jewelry is more likely to contain lead or other toxic metals than many other toys. Even after 18 million pieces of children’s jewelry were recalled between 2005 and 2007, CPSC tests still found that 20 percent of children’s jewelry contained unsafe levels of lead. Even after manufacturers stopped using lead, the danger was not over, as many began to use the carcinogenic metal cadmium as a replacement. What’s more, the vast majority of recalled items were never actually returned, meaning toxic jewelry remains on children’s dressers.

The Unexpected

Nearly a quarter of a million children are treated at U.S. emergency rooms for toy-related injuries every year. Injuriesfrom scooters, choking hazards, and lead-contamination are always in the news, but beyond the headlines lie a myriadof dangers: beads that contain date rape drugs, asbestos and other exotic toxins, baby boats that drop their infantoccupants under water, toy helicopters that catch fire, or aromatherapy kits that detonate with acid. Every year bringsnew hazards to confound even the most cautious parent.

Magnets

Over the last several years, toy manufacturers have increasingly used small, powerful magnets, creating a newcategory of deadly toys. These magnets can come loose and be swallowed by small children. Unlike other small objects,which are often passed through the body, magnets pose a unique risk. If two or more magnets are swallowed, they canattract to each other through intestinal walls. This can result in pinched, blocked or twisted intestines. The effect is fastand devastating. Magnets quickly erode through the intestinal wall, spilling bacteria into the body. Serious infections, blood poisoning, and even death may result.

Lead

The danger most frequently encountered with toys is invisible to even the most watchful parent’s eye: leadcontamination. Lead is the second most deadly household toxin in existence, after arsenic, and nolevel of exposure is safe. Yet every holiday season is marked by incidences of children being sickened bylead-tainted toys. One study found a third of all tested toys contained lead. Most were still on store shelvesand allegedly passed toy manufacturers’ internal tests.

Choking Hazards

The choking hazards of small toy parts, small balls, and balloons have long been one of the leading causesof toy-related fatalities. At least 196 children died from choking on such items between 1990 and 2007, andchoking hazards were the leading cause of CPSC toy recalls in 2009. Yet the millions of recalled toys mayjust be the tip of the iceberg. Many toys still on shelves barely meet the CPSC standard for small pieces.Of particular danger are objects that are narrow in shape, such as toy nails or darts, because they can moreeasily cause suffocation. In 2007, at least two boys died after asphyxiating on soft darts from Chinesemadetoy guns. The toy’s importer refused to recall the gun. At least one other child died under the samecircumstances before a civil action by one of the families persuaded the retailer to pull it off shelves.

Scooters

Scooters account for approximately a quarter of all toy-related emergency room visits. Most of the more than220,000 incidents each year comprise falls or accidents involving motor vehicles. But defective scooters have alsobeen blamed for amputated fingers, lacerations, broken arms, wrists, and teeth.

WHAT DO I DO IF I AM HURT BY A DRIVER WHO DIDN’T STOP?

October 19th, 2011 by Johnson, Vorhees & Martucci

Hopefully, none of our readers are ever injured.  But what do you do if another driver hits you but doesn’t stop?  What if you have to take the ditch to avoid hitting someone driving the wrong way in your lane?  Who pays for your injuries?

What if a car crash is the fault of a driver who doesn’t stop and is not known by name?  Many times when there is no contact between the vehicles the injured person may feel that he or she cannot get any help with medical bills etc.

The truth is that every insurance policy in Missouri (and in most other states also) require Uninsured Motorist coverage.  So if you are hurt by another motorist who does not have coverage, you can recover on your own insurance policy for your injuries.  What many people do not know is that this same coverage will also pay even if you cannot identify the other driver or if there is no contact between the two cars.   Sometimes this is called a phantom vehicle.  The vehicle is real - we just do not know who it belongs to or who the driver is.

A phantom vehicle is a vehicle that causes a traffic accident, with or without contact, and flees the scene of the accident, whose driver is not identified.  Phantom vehicles are almost always considered uninsured vehicles in insurance policies.

Evidence of the phantom vehicle is often limited in phantom vehicle cases, and insurance companies can make it difficult to collect on the policy.  Sometimes the only witness will be the injured insured driver.  Insurance companies sometimes claim evidence in addition to the driver’s statements that a phantom vehicle caused the accident is required for coverage to kick in.  However, the law in Missouri is that insurance policies that exclude uninsured motorist coverage for injuries caused by a phantom vehicle without contact if the facts are not backed up by evidence other than just the testimony of the driver are void.  In other words, your word alone may be enough to make the claim for coverage.

While we hope you are never injured at all - if it is a phantom vehicle that caused the crash - you can still make a claim under your own policy.

Joe Weidhaas
Joe@4stateslaw.com

Johnson, Vorhees & Martucci
510 West 6th Street
Joplin, Missouri 64801

417-206-0100 office
417-206-0110 fax
866-836-0100 toll free

www.4stateslaw.com

When An Insurance Company Breaks Its Promise

September 12th, 2011 by Johnson, Vorhees & Martucci

If only insurance companies were as concerned about the people they insure as they are about the profit margin.  Whatever happened to doing the right thing by those who do business with you?

I recently met with a jewel of a lady.  She has lived 80 years on this Earth, and she had a large part of her charming home devastated by the Joplin tornado.   She came to see me with a story that outraged me.

Her home dangerous and unlivable,  it had been evaluated by two separate adjusters from her insurance company and two separate independent Joplin contractors.  She was initially told her home was a total loss.  Then some ‘forensics’ joker from the northeast comes in at the beckoning of her insurance company, goes through each square foot of the home, concludes that it can be repaired at about 30% of the total value - and by the way he was going to depreciate that another 25%, despite her having purchased a replacement policy.

She could not understand how her insurance company  — who she and her recently deceased husband had paid premiums to for over 30 years - could do this to her.   They were putting her in an impossible predicament.  How could she live in a home that local adjusters with the same company had said was unlivable and that two contractors had told her needed to be bulldozed?

I was struck by that bull-dogged determined optimism that characterizes so many in our Joplin community.   This is not a lady who gives up.  Perhaps her insurance company and its supposed forensic expert thought she was easy pickings, given that she was a recent widow and in her 80s.    She wanted nothing other than what she had bargained and paid for - insurance against the sudden loss of her home.  The insurance company wants instead to save a few bucks on someone who needs it the most.

It sometimes takes a tragedy for someone to read their insurance policy for the first time.  Insurance policies can seem like they are written in a foreign language.   The insurance company commonly lists more exclusions from coverage in the policy than what it describes as being covered.  Sometimes the promises of coverage are contradicted by other parts that deny coverage.  When the policy is so confusing that it seems to take away in one part what it gives in another, this is called an ‘ambiguity’.   The Courts in Missouri interpret these ambiguities against the insurance company to require that it provide the insurance for which one has paid.

Insurance company greed is a sad symptom of the times.  AIG gets bailed out.  Wall Street execs continue to receive their golden parachutes.  Too many politicians cater to lobbies whose idea of ‘doing the right thing’ ignores real world survivors in favor of keeping rich insurance CEOs wealthy.

But this behavior won’t stand in Joplin, Missouri.   This lady will have to fight for it, but her insurance company won’t get away with taking away the life savings that she had in the equity in her home and the belongings she and her husband worked so hard to secure.

Roger Johnson - Personal Injury Trial Attorney

Roger Johnson - Personal Injury Trial Attorney

Roger@4stateslaw.com

Johnson, Vorhees & Martucci
510 West 6th
Joplin, Missouri 64801
417-206-0100
417-206-0110 fax
866-836-0100

Enjoy the Fall Hunting Season Safely!

August 29th, 2011 by Johnson, Vorhees & Martucci

With the fast approaching fall season thousands of hunters in the Ozarks are getting their guns ready to hunt.  Hunting is a sport that many enjoy but can be very dangerous if certain safety rules are not followed.  Every year people are killed or personally injured due to hunting accidents.  According to the International Hunter Education Association approximately 1000 people in the U.S. and Canada are accidently shot by hunters every year and approximately 100 of those end in the wrongful death of the victims.  According to the Missouri Department of Conservation, ¾ of the hunting accidents in Missouri result from three things: 1) victims in the line of fire but not visible to the shooters; 2) hunters swinging on game and covering their victims; and 3) mistaking another hunter for game.

If you are planning on hunting this season please be mindful of certain basic safety rules that will reduce the likelihood of you being involved in a hunting accident: 1) always assume your firearm is loaded and never point a firearm at anyone; 2) always make sure the muzzle of the gun is pointing down until you are ready to shoot; 3) always keep the safety on at all times until you are ready to shoot;  4) never put your finger on the trigger until you are ready to shoot; 5) wear bright colors so you can be seen by other hunters; 5) always be sure of your target and what is beyond.

I hope to never again read a story about a person being injured or killed as a result of a hunter not following basic safety rules.  Knowledge equals safety.  With the proper commitment to safety education and common sense safety practices, everyone should enjoy a safe and successful hunting season.

Good luck on the hunt!

Brian Johnston
brian@4stateslaw.com

Johnson, Vorhees & Martucci
301 W. Pacific St, Suite B
Branson, MO 65616

Local 417-336-8684
Toll free 888-424-7282
www.4stateslaws.com

Branson Injury Attorney

Branson Injury Attorney