JEFFERSON CITY, Mo. – The director of the Missouri Department of Transportation (MoDOT) has recently faced backlash after his testimony regarding a fatal work zone crash in St. Louis County. The incident, which occurred several years ago, tragically claimed the lives of a pregnant highway worker and her unborn child. In court, MoDOT lawyers alleged that the unborn baby was a state employee, a claim that has been strongly denied by MoDOT’s director, Patrick McKenna.
During a hearing with lawmakers, Rep. Jim Murphy expressed his concerns about the case, stating, “You had a worker who was pregnant and then we declared that the baby was an employee.” However, McKenna firmly refuted this statement, declaring that it was false.
The crash, which took place in November 2021, occurred when a driver crashed through a work zone at Telegraph Road and I-255, resulting in the deaths of James Brooks and Kaitlyn Anderson. Anderson was six months pregnant at the time with a son named Jaxx. The family of the victims filed a lawsuit against the state, alleging negligence and failure to provide adequate safety measures for the crew.
Investigations conducted by First Alert Four Investigates have shed light on MoDOT’s failure to provide the necessary safety barriers to the crew and the supervisors’ admission of not being aware of or adhering to the state’s safety policies. These revelations have contributed to public outrage and scrutiny of MoDOT’s handling of the case.
The case has now reached the Missouri Supreme Court as MoDOT continues to appeal for its dismissal. Court records indicate that MoDOT argued that Anderson’s unborn baby should be considered an employee, a claim that McKenna now asserts was misstated by the judge at the time. However, this argument has raised concerns among lawmakers, with some asserting that it reflects poorly not only on MoDOT but on the state of Missouri as a whole.
Rep. Dean Van Schoiack, who represents areas near Kansas City, expressed his dissatisfaction with the situation during the hearing, emphasizing that the alleged argument put forth by MoDOT regarding the unborn baby’s employment status seemed ambiguous. Consequently, Van Schoiack is among the lawmakers supporting Jaxx’s Law, a proposed legislation that would make it illegal to consider an unborn baby an employee.
Additionally, MoDOT’s claim that the unborn baby being an employee affords them protection under Missouri’s Worker’s Compensation Law has come under scrutiny. Anderson’s family believes that this claim is a means for MoDOT to evade civil liability and exploit a loophole in the law.
In response to McKenna’s comments, lawmakers are now examining the legislation more closely, questioning whether it adequately addresses the issue of compensation for the loss of an unborn child. The lawmakers argue that the perception of MoDOT’s response to the tragedy implies a lack of concern for their employees and an unwillingness to rectify any mistakes made.
While MoDOT has declined requests for interviews regarding the case, asserting that they cannot comment on ongoing litigation, the controversy surrounding the incident continues to grow. The Missouri Supreme Court is currently deliberating the lawsuit that sparked the questioning of MoDOT’s claim regarding the unborn baby’s employment status.
In light of these developments, Missouri State Rep. Michael Burton has sent a letter to McKenna, requesting clarification on MoDOT’s stance regarding the matter. Burton highlights the importance of honesty and transparency when addressing questions in Missouri House Committee Hearings, referencing the contradiction between McKenna’s statement during the hearing and MoDOT lawyers’ defense presented to the Missouri Supreme Court.
As discussions surrounding the case persist, it remains to be seen how MoDOT will address the concerns raised and whether legislative action will be taken to prevent such controversies in the future.