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(314) 500-HURTWe represented Dennis against the Missouri Highway and Transportation Department. This case goes way back to 2011 (we
were referred this case by another lawyer). Our client was a medical doctor out for a Saturday motorcycle ride when he
encountered a gap in the pavement between two slabs of concrete.
This caused his motorcycle to behave erratically and him to fall off the back of the motorcycle sustaining rib, neck,
and head injuries. Dr. Colbert went to the hospital right away but his diagnosis was not too serious.
He then did not get further significant medical care for about 6 months. At that point, he started having arm weakness,
continued neck pain, and headaches. He underwent MRI’s and further testing along with rounds of physical therapy to deal
with that weakness. His medical care was spaced out over years, which became a challenge.
Many defendants and juries believe that if medical is not obtained within a relatively short period of time following an
incident, that medical can be unrelated to the incident at issue. This is particularly true when the initial medical
does not have diagnostic tests or diagnosis of significant medical problems and if the Plaintiff is an older person in
which degenerative changes are noted in the spine and other parts of the body. These could be symptom producing in and
above themselves.
Regardless, the Missouri Highway Transportation Department must safely maintain their roads for all vehicles, including
motorcycles. That this was an unwitnessed motorcycle crash also challenged liability. We were very pleased to settle the
case for $165,000 – his medical bills were pretty low.
We currently are helping other folks in cases against the Highway and Transportation Department. We tend to file
lawsuits and litigate these cases, conduct discovery, and take depositions where we show the dangerous condition of the
MODOT should use to correct those conditions (or the absent of such systems) as well as violations of State and Federal
highway safety guidelines.
We file suit in court in Missouri, but in Illinois we have to file it in special Court of Claims court. In waiving its
sovereign immunity, Illinois requires claims in this administrative tribunal. While Missouri lets a regular civil claim,
it only waives its immunity for dangerous property conditions, motor vehicle negligence claims and insurance claims.
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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