Family of pregnant MoDOT worker killed on the job to proceed with lawsuit

ST. LOUIS, Mo. (KMOV) – The spouse and children of a pregnant MoDOT freeway personnel killed in a function zone crash will get to continue on their wrongful dying lawsuit against the Missouri Office of Transportation (MoDOT).

On Wednesday a St. Louis County Circuit Courtroom decide agreed to allow the family shift pieces of the case forward.

This most current improvement comes as News 4 Investigates realized the driver who brought about the deadly 2021 crash, not too long ago died.

On November 18, 2021, investigators say Stanley McFadden, who was 52-several years-previous at the time, crashed through a get the job done zone on Telegraph Street in close proximity to I-255.

The crash killed 58-year-outdated James Brooks, and 25-12 months-previous Kaitlyn Anderson, who was six months expecting with a son named Jaxx. A further MoDOT personnel, Michael Brown, sustained a traumatic brain injury and multiple significant fractures.

Prosecutors resolved not to criminally cost McFadden, indicating the crash was associated to his diabetic issues.

Information 4 Investigates uncovered McFadden experienced been in an additional car wreck a few months just before the lethal work zone crash. In that circumstance police documents demonstrate McFadden allegedly informed police he was going through a health-related emergency.

Social media posts from McFadden’s family members about his death reference he experienced difficulties from diabetes.

The family members of Kaitlyn Anderson was suing McFadden, MoDOT, and 4 MoDOT supervisors. Anderson’s mom Tonya Musskopf states the news that their fit could transfer ahead came the very same 7 days as what would have been her daughter’s 27th birthday, and the exact working day as Jaxx’s due date.

“It would have been my grandson’s 1st birthday, I’m pondering that my daughter had a play in that,” Musskopf explained.

The judge’s purchase will permit Anderson and Jaxx’s relatives to continue on suing four MoDOT supervisors Michael Like, Kris Jordan, Gary Ludwick, and James Henson.

According to the lawsuit the 4 supervisors put Anderson in an unsafe do the job zone.

The supervisors tried using to get the match dismissed. In courtroom filings the choose stated Anderson’s relatives has so much demonstrated that the supervisors “blatantly, maliciously, and intentionally” didn’t do what they are required to on the position.

That consists of giving the crew a protecting barrier, acknowledged as a TMA.

“The higher ups at MoDOT really should have regarded they weren’t skilled,” reported Musskopf.

Past calendar year, Information 4 investigates exposed how one of the supervisors, Kris Jordan, admitted she did not comply with MoDOT’s protection procedures identified as TA’s.

“We had no idea what a TA was,” mentioned Jordan.

News 4 attained out to all the supervisors again – Jordan is the only one who responded declaring she thinks she’ll be “exonerated for the reason that she was not on the site.”

She also mentioned the “employees selected to be in a place the place they have been not meant to be.”

MoDOT claims they just cannot comment for the reason that of the lawsuit.

A loophole in Missouri’s worker’s compensation law signifies the office simply cannot be sued for Kaitlyn’s demise, but the choose place out a new purchase declaring they can continue to be on the hook for Jaxx’s death.

In court filings MoDOT argued Jaxx was an employee – the judge named that “absurd.”

“I wont stop fighting for, just about every freeway worker justifies to go property at the close of their change,” reported Musskopf.

Lawyers will start trying to get sworn testimony, exactly where we could discover more about what happened.

The family’s situation is also modifying considering that the driver who induced the crash died, as he was staying sued as very well.

Anderson’s mother tells me she preferred accountability – something she simply cannot get now.

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