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Joplin, MO 417-222-4878

Tracy Morgan crash raises issue of seat belt use in personal injury cases, P.3

In our last post, we continued our discussion about the potential impact
of failure to wear a seat belt in personal injury litigation. The discussion
was prompted by a recent government report highlighting the fact that
Tracy Morgan and other passengers involved in New Jersey
car accident last year were not wearing safety belts at the time of the crash.

As we’ve noted, failure to wear a seat belt cannot be used as evidence
of contributory negligence, but it can be admitted for demonstrating failure
to mitigate damages. If it is determined that the plaintiff did fail to
mitigate damages, his or her recovery may not be reduced by more than
one percent of the damages awarded after figuring in any reductions due
to comparative negligence.

Mitigation of damages, then, can only account for a rather small reduction
in overall damages. Still, every little bit counts when it comes to maximizing
damages. It bears repeating, though, that it isn’t always going
to be easy for a defendant to successfully argue for failure to mitigate
damages based on not wearing a seat belt. It really depends on the circumstances
of the case.

Because a plaintiff’s contributory negligence can result in a significant
reduction in damages, it is critical for plaintiffs facing this possibility
to work with an experienced personal injury attorney. Building a strong
case can help a plaintiff to make a strong case for liability and maximize
his or her damages award by reducing the possibility of reductions in damages.

Car Accidents

Police: driver fell asleep before Granby accident

The people of Granby are rightfully proud of their quiet, small community just 25 miles southeast of Joplin. The quiet was shattered on a recent Monday morning, however, when a 72-year-old woman walking on Main Street was struck and killed in a car accident. Law enforcement officials said the 22-year-old woman driving a southbound vehicle fell asleep at the wheel and her car went into the northbound lane and hit

Firm News

Tati Scholfield-Johnson Joins Johnson, Vorhees & Martucci

Johnson, Vorhees & Martucci is proud to announce the addition of Tati Scholfield-Johnson as our firm’s 10th attorney! Tati will practice primarily out of our Springfield office and will bolster our firm’s strength in handling personal injury matters throughout the region. Tati is the oldest daughter of Attorney Roger Alan Johnson and Piper Scholfield and has spent the majority of her young life in and around the Johnson, Vorhees &

Medical Malpractice

What is the importance of non-economic damages in med mal cases? P.1

In our last post, we mentioned a case which has been appealed to the Missouri Supreme Court involving the issue of whether a 2005 tort reform law bars non-economic damages in medical malpractice cases involving allegations of wrongful death. The case is certainly an important one since it will help define the extent of damages available to medical malpractice plaintiffs in these cases. Non-economic damages, as we mentioned last time,

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