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Posted in In the community on October 9, 2019   |  by Gary Burger

New Lawsuits

We have been filing a lot of lawsuits lately. Often, I talk about settlements in these newsletters, but thought I would mention some new suits that cover a wide variety of legal issues. We pride ourselves in representing clients for a lot more than only car and truck crashes.

Wrongful Death against Pam Hupp

We recently filed a wrongful death action against Pam Hupp. Pam was indicted for first degree murder for the death of Louis Gumpenberger. Pam had fraudulently concealed her actions as was reported by many news agencies

In the criminal case, Pam entered into an Alford plea. An Alford plea is where the individual enters into a guilty plea for the case, but does not admit guilt for the crime itself and asserts their innocence with respect to the crime.

This crime took place in August of 2016, but any assertion that the statute of limitations has run is not a defense she is entitled to under State ex rel. Beisly v. Perigo, 469 S.W.3d 434 (Mo.banc 2015).

To assert the wrongful death claim, we alleged that Louis Gumpenberger was killed as a direct and proximate result of her actions and pursuant to §537.080 and 537.090 the next kin of Louis Gumpenberger.

Recent news of another investigation of Pam’s involvement in the death of Betsy Faria has come up as well. That article here

Articles about our wrongful death case are being published. Click here and here for these links.

Here is a Post Dispatch report of our current case.

Terrence J. Dee v. Synergy Chiropractic Center, et al.

This case was referred to us by a lawyer in Kansas City. Our client went to Synergy Chiropractic Center for a routine adjustment.

While there, the chiropractor negligently adjusted our client’s neck, causing an acute dissection and occlusion of his left vertebral artery and eventually leading to an acute ischemic stroke. We initially filed suit against Synergy Chiropractic Center and Dr. Rodney Bampton.

However, as we learned more about the case, we learned that it may have been another chiropractor that adjusted our client, and amended our petition before the statute of limitations in order to make sure we obtain justice against the proper party. The records say Brampton did the adjustment but it was really another chiropractor.

Because no answer had been in the case, we were able to amend as a matter of course. This case is pending in St. Charles County and is assigned the case number 1911-CC00920.

Michael Asher v. James Mowry and Drain Medics

We filed a petition against one of our clients employers for failure to maintain an OSHA compliant work environment. Our client was working as a drain technician and while up on a ladder, the ladder slipped out from under him and he seriously injured himself breaking both wrists.

The ladder did not have footings to keep it from slipping and was provided by the employer. Under OSHA, an employer must provide compliant equipment to its employees. There is a general negligence component but also a negligent supply of dangerous instrumentality.

We alleged both for our client. To allege negligent supply of dangerous instrumentality, we stated it was supplied by the employer, it had a defect, the employer knew or should have known, and they failed to exercise care to correct it and it caused our client damages.

There was also a discrimination component to the petition. This is a work-related injury, and thus a workers compensation claim was filed. After it was filed, our client began to lose pay – his employer was progressively lowering his rate of pay by the week and that it was because he couldn’t afford to pay him and he had a workers compensation attorney.

An employer cannot retaliate against an employee pursuing work comp benefits. This violates R.S.Mo. § 287.780.