On Nov 18, 2021 Kaitlyn Anderson, her unborn son Jaxx Jarvis, and fellow crew member James Brooks were killed while working a stripping operation in St. Louis County also leaving a third crew member severely injured. While trying to understand why there was no protective equipment or truck designed to take the impact of a runaway vehicle, we learned that it is "the call of the lead or supervisor" to ask for an additional truck or to determine the position of the crews truck during striping operations. Simply positioning the crews truck between them and oncoming traffic could have saved 3 lives and prevented a 4th from being severely injured. This is a free and easy strategy to protect people. We also learned that due to the way Missouri law is written and due to a recent Missouri supreme court ruling, we cannot hold the company legally or financially responsible for the deaths of the employees it failed to protect. Help us change the law to PROTECT PEOPLE NOT CORPORATIONS.
Missouri law offers immunity to supervisors and co-employees that order workers to perform dangerous acts that increase the risk of injury or death outside of the normal confines of the job. Specifically, on November 9, 2021, the Missouri Supreme Court in a case called Brock v. Dunne, disregarded a jury verdict in favor of an seriously injured employee, sided with the insurance company for the defendant, and pronounced that a supervisor that removed a safety device that resulted in serious injury to the employee should be given a free pass and immunity for his dangerous conduct. This opinion invites mischievous conduct that is unchecked by the justice system and should be overturned. Missouri citizens deserve better.
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