MoDOT argues that the unborn baby in the fatal labor zone was a government employee

ST. LOUIS COUNTY, Mo. — Attorneys for the Missouri Department of Transportation want you to believe an unborn baby worked for the state during a fatal accident in the work zone to dismiss a lawsuit.

The bizarre opinion comes in response to a lawsuit over the November 2021 tragedy that killed two MoDOT employees, one of whom was pregnant.

In November 2021, a car plowed through a Telegraph/I-270 work zone, killing James Brooks and Kaitlyn Anderson. Anderson was six months pregnant at the time.

In new legal filings, MoDOT says the unborn baby “…Jaxx Jarvis would also fall within the definition of ’employee.'”

“When I saw that, it was disappointing,” said attorney Andrew Mundwiller.

Mundwiller, who is suing MoDOT on behalf of Anderson’s family, says the allegation is MoDOT’s way of evading accountability.

“First of all, it’s illogical. How would someone not even born work for you?” he said. “But if they should get someone to buy that, that means your case gets dismissed from St. Louis County, go to the comp system, where they’ll take a different position, just like they did to begin with.” .”

The Chamber of Labor has already disputed Anderson’s family claim because Kaitlyn was not married and had no dependents. Mundwiller says the Chamber of Labor will certainly refuse an unborn child.

“What they hope is that they don’t pay anything,” he said.

MoDOT did not have a protective truck that day, although it is a department policy. That’s the focus of a lawsuit that MoDOT, says Kaitlyn’s mother, consistently avoids.

“Rather than acknowledging mistakes and working with me to make sure something like this doesn’t happen again, they just keep beating me down,” said Tonya Musskopf.

“MoDOT has tried everything to come out of the harm they have caused our family and to say that an unborn child was their employee to come out of it is just heartbreaking.”

“How does the government really view life?” Mundwiller said. “They say they value life, but then you look at the things they write in court papers and I want people to be able to judge for themselves.”

MoDOT declined to comment on this story. The next hearing is on February 23, when a judge will decide whether he believes an unborn baby on November 18, 2021 was a MoDOT employee.

https://fox2now.com/news/fox-files/modot-argues-unborn-baby-in-fatal-work-zone-was-state-worker/ MoDOT argues that the unborn baby in the fatal labor zone was a government employee