In September, KSDK reported that the Missouri Department of Transportation (MoDOT) had agreed to a wrongful death settlement in the case brought by the family of a pregnant state employee who was killed in a tragic crash in 2021. Here, our Kansas City wrongful death attorney provides a more comprehensive overview of the case and the settlement.
Pregnant Woman Killed After Car Drove through Traffic Cones in St. Louis County
Kaitlyn Anderson was a 25-year-old employee of the Missouri Department of Transportation (MoDOT). In November of 2021, she and her co-worker were both tragically killed when a car drove through traffic cones and struck her while she worked along the side of a road. Another co-worker suffered serious injuries. Notably, Ms. Anderson was six months pregnant when the crash happened.
MoDOT Negligence Cited as Likely Factor in Traffic Accident
The family of Kaitlyn Anderson filed a wrongful death lawsuit against MoDOT. Among other things, they argued that the state agency was negligent in ensuring the safety of its workers. Ms. Anderson’s mother, Tonya Musskopf, and Jaxx’s father, Austin Jarvis, argue that MoDOT supervisors knew Ms. Anderson was pregnant but failed to implement adequate protective measures.
The wrongful death lawsuit named MoDOT, four specific MoDOT supervisors, and the driver who was responsible for the crash as defendants. A unique issue in this case is that the defendant argued that the unborn child, Jaxx, was technically an employee of MoDOT. As such, they argued that the entire case against the agency was a workers’ comp claim and not a wrongful death claim.
Missouri Supreme Court Ruled Individual Supervisors had Immunity
As an intermediate procedural matter, in June 2024, the Missouri Supreme Court ruled that MoDOT supervisors had official immunity, shielding them from personal liability in the wrongful death lawsuit. The court acknowledged that, even if the supervisors’ actions amounted to gross negligence or recklessness, Missouri law does not provide a cause of action for gross negligence under the doctrine of official immunity.
Family Agreed to Wrongful Death Settlement
The wrongful death lawsuit on behalf of the unborn child against MoDOT has now been settled before the state’s highest court could rule as to whether or not the attempted workers’ compensation defense was valid. Despite their initial efforts to seek broader accountability, Anderson’s family ultimately agreed to settle the wrongful death lawsuit in September 2024. MoDOT agreed to pay $505,520 to Anderson’s family. Still, the mother of the victim expressed frustration in accepting the settlement—stating that it was short of providing true justice.
Speak to Our Kansas City Wrongful Death Lawyer Today
At House Law LLC, our Kansas City wrongful death attorney is compassionate, knowledgeable, and committed to fighting for justice and the maximum compensation for grieving families. Give us a phone call now or contact our firm online for your free, no-obligation case review. With a law office in Kansas City, we handle wrongful death claims in Missouri and Kansas.
Tags: brain injury, personal injury, traumatic brain injury
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