AmerenMissouri settles wrongful death case

Christopher Morgan and his friends had been drinking alcohol and smoking marijuana that night in July 2007 when they crawled through a hole in the chain-link fence surrounding the abandoned national defense mapping site on South Broadway, near what's now the River City Casino.

Tina Morgan, represented by W. Morris Taylor and Scott A. Bailey, of Taylor's Clayton law firm, alleged AmerenMissouri was negligent for failing to de-energize power lines on the abandoned property, failing to keep high-voltage lines high enough and isolated enough to prevent electrocution, failing to detect downed power lines and failing to repair or de-energize downed power lines.In a strange twist, the court file contained a settlement agreement between Tina Morgan and the port authority in which the port authority agreed to seek a change of judge from Judge John F. Garvey. The port authority made the request on Sept. 9, 2010, which was around the same time Dierker issued his summary judgment order.The case is Tina M. Morgan v. Union Electric Co. d/b/a AmerenUE et al., 0922-CC10115.The trial was to start Wednesday morning in the St. Louis Circuit Court, but before a jury panel could be seated for questioning the parties told Judge Bryan Hettenbach they had settled their dispute.The defense, represented by Armstrong Teasdale's James J. Virtel and Karen A. Baudendistel, also disputed Tina Morgan's claim that she's entitled to recover for the loss of companionship, guidance and support of her son. Morgan lived in his grandmother's home with his mother and half-sister for the first 6 1/2 years of his life. In 1997 he moved in with his aunt and spent weekends with his mother. He lived with his aunt until she and her husband divorced in 2002.The plaintiff also alleged she was entitled to punitive damages.Several days later, Garvey denied the port authority's motion and then granted the plaintiff's change-of-judge motion.The four teenagers had walked around the 39-acre property and through some of the old buildings for more than an hour when Morgan, 16, ran ahead in a parking lot. Lying on the pavement were three utility poles, an energized power line, the neutral part of a supply system and a transformer. Woodchips and oil also were spread around the pavement.One of Morgan's friends heard him scream, saw sparks fly, then saw him fall. Morgan was pronounced dead at the scene.Both Virtel and Taylor said in emails that they could not comment on the case.AmerenMissouri's defense documents detail Morgan's night of partying, which began July 29, 2007, and ended in his death at about 3 a.m. the next day. The defense documents also said the utility poles had been vandalized before Morgan and his friends arrived.According to the defense documents, it isn't clear where Morgan lived between 2002 and 2005, although he lived with his mother in Scott County during at least part of 2005. At the time of his death, Morgan was living with his half-sister, her boyfriend and their children, and he was working as a plumber's helper for C.J. Plumbing Co.Morgan's mother, Tina Morgan, sued the St. Louis County Port Authority, which bought the property in 2006, and AmerenMissouri, known as AmerenUE when the case was filed.

The case is Tina M. Morgan v. Union Electric Co. d/b/a AmerenUE et al., 0922-CC10115.

Types of Chain Link Fencing and Gates and Their Uses

Chain link fencings are a few of the most well known perimeter fencings as they're simple to build, economical as well as long –lasting, fulfilling the intention of keeping people in/out of a specific region. Chain link fencings are generally manufactured from galvanized steel wires. The wires spread vertically and are bent into a zigzag prototype so that every zip hooks onto the wire directly on one side and every zap onto the wire directly on the other. This makes up the typical diamond prototype seen in this sort of fencing. You can choose from fencings of various sizes. Usual fencing heights consist of 3 feet 6 in, 3 feet, 6 feet, 5 feet, 4 feet, 7 feet, 8 feet, 10 feet, and 12 feet, although almost all heights are possible. Usual mesh gauges are 11,9 and 11.5. The most common heights for ball parks and tennis courts is 10 feet.

After these topics have been recognized one should concentrate on the four elements of a chain link fencing which are framework, fabric, fitting and gates. Fabric is the diamond shape steel wire that the fence is composed of. Framework includes the posts as well as the supports for the fabric. The fabric is held to the framework by the fittings and gates are to enter and exit the area within the fence.Three criterias should be considered while making a choice of the fabric. They are the thickness of the wire, the dimension of the opening in the wire and the coating of the wire for protection. The wire's thickness in chain link fencing fabrics/gauge is important to the strength of the fencing.Making a choice of chain link fencing is not as easy as it was. This conventional, entirely galvanized steel item is now offered in many colors and weights to fulfill the necessities of any industrial, profitable or residential settings. Fuse bonding, powder coating and vinyl coating are the different novel methods in use to provide chain links in many sizes, colors and strengths. Thus the latest chain link fencing is a more practical alternative for locations that require style as well as security. Recognizing the purpose of your chain link fencing is one among the steps of foremost importance that you often have not taken. Not being aware of all the jobs you expect your chain link fencing to achieve may very rapidly result in dissatisfaction with its performance. So there are a few topics to be recognized like whether the fencing will contain a bigger pet, whether children will climb on it or play close to it, whether it will be close to considerable vegetation and so on.

After these topics have been recognized one should concentrate on the four elements of a chain link fencing which are framework, fabric, fitting and gates. Fabric is the diamond shape steel wire that the fence is composed of. Framework includes the posts as well as the supports for the fabric. The fabric is held to the framework by the fittings and gates are to enter and exit the area within the fence.Three criterias should be considered while making a choice of the fabric. They are the thickness of the wire, the dimension of the opening in the wire and the coating of the wire for protection. The wire's thickness in chain link fencing fabrics/gauge is important to the strength of the fencing.

Verdicts & Settlements August 8, 2011: Ameren settles lawsuit

Christopher Morgan and his friends had been drinking alcohol and smoking marijuana one night in July 2007 when they crawled through a hole in the chain-link fence surrounding the abandoned federal defense mapping site on South Broadway, near what's now the River City Casino.

Ameren Missouri agreed not to introduce evidence that Morgan violated city ordinances regulating minors' curfew and trespassing as well as state and city laws dealing with minors buying and possessing alcohol and possessing marijuana.One of Morgan's friends heard him scream, saw sparks fly and then saw him fall. Morgan was pronounced dead at the scene.The four teenagers had walked around the 39-acre property and through some of the old buildings for more than an hour when Morgan, 16, ran ahead in a parking lot. Lying on the pavement were three utility poles, an energized power line, the neutral part of a supply system and a transformer. Woodchips and oil also were spread around the pavement.According to the defense documents, it isn't clear where Morgan lived between 2002 and 2005, although he lived with his mother in Scott County during at least part of 2005. At the time of his death, Morgan was living with his half-sister, her boyfriend and their children, and he was working as a plumber's helper for C.J. Plumbing Co.Court: St. Louis Circuit CourtCase Number/Date: 0922-CC10115/July 27, 2011Ameren Missouri's defense documents detail Morgan's night of partying, which began July 29, 2007, and ended with his death at about 3 a.m. the next day. The defense documents also said the utility poles had been vandalized before Morgan and his friends arrived.Morgan's mother, Tina Morgan, sued the St. Louis County Port Authority, which bought the property in 2006, and Ameren Missouri, known as AmerenUE when the case was filed.The trial was to start July 27 in St. Louis Circuit Court. But before a jury panel could be seated for questioning, the parties told Judge Bryan Hettenbach they had settled their dispute.Morgan lived in his grandmother's home with his mother and half- sister for the first 6 1/2 years of his life. But in 1997, he moved in with his aunt and only spent weekends with his mother. He lived with his aunt until she and her husband divorced in 2002.Tina Morgan, represented by W. Morris Taylor and Scott A. Bailey, of Taylor's Clayton law firm, alleged Ameren Missouri was negligent for failing to de-energize power lines on the abandoned property, failing to keep high-voltage lines high enough and isolated enough to prevent electrocution, failing to detect downed power lines and failing to repair or de-energize downed power lines.Caption: Tina M. Morgan v. Union Electric Co. d/b/a AmerenUEThe defense, represented by Armstrong Teasdale's James J. Virtel and Karen A. Baudendistel, also disputed Tina Morgan's claim that she's entitled to recover for the loss of companionship, guidance and support of her son.The confidential settlement is between Tina Morgan and Ameren Missouri. Last September, Judge Robert H. Dierker Jr. granted the port authority's motion for summary judgment based on the fact that Morgan was trespassing and that his mother could not show that others frequently had trespassed where Morgan died. If others had done so, the port authority would have known about it and would have owed Morgan a duty of care, the judge concluded.Judge: Bryan HettenbachHettenbach provisionally granted the plaintiff's motion to prevent the defendant from introducing the opinions of its electrical engineering expert as well as the plaintiff's motion to prevent the defendant from introducing school records suggesting Tina Morgan's home was abusive or that Christopher Morgan's aunt was his legal guardian.Wrongful deathBoth Virtel and Taylor said in emails that they could not comment on the case.A flurry of pretrial motions was filed last September, when the trial originally was to have been held. The plaintiff wanted to prohibit defense lawyers from referring to Morgan as a trespasser, from introducing evidence that Morgan had been drinking alcohol and smoking marijuana and from introducing evidence of how long the transformer, and the oil spilled from it, had been on the ground. Hettenbach denied each of these motions.Confidential settlementPlaintiff's Attorneys: W. Morris Taylor and Scott A. Bailey, W. Morris Taylor, ClaytonDefendant's Attorneys: James J. Virtel and Karen A. Baudendistel, Armstrong Teasdale, Clayton

Defendant's Attorneys: James J. Virtel and Karen A. Baudendistel, Armstrong Teasdale, Clayton

Clover and Wildlife

Clover is a high protein legume that benefits the animals that feed upon it and contributes nitrogen to the soil. In today�s markets seed companies all claim to have the best variety. What do you think? We all heard or read about the white and red clovers, crimson clovers, the white tail clovers, high protein clovers as well as the 38 percent protein clovers. Every seed company claims that theirs is the best, but only a few tell you in what regions that their clover is the best.

When you plant clover always use the recommended inoculants for that particular variety. When planting clover or any other type of wild life planting, in addition to fertilizer, I prefer to use Bio Stimulants like RACKMAX because it is so cost effective. Bio stimulants are plant growth hormones that enable a plant to manufacture natural sugar giving a plant more early season vigor, better stands, faster germination, and more leaf area sooner. You get much sweeter plants by increasing the starch and sugar production, making a plant resistant to freeze, drought, overgrazing, and erosion. Bio stimulants increase the root system up to 300% and have a positive impact on plant health.Use herbicides in your clover fields when needed to eliminate the grasses that compete with the clover.Two overlooked aspect about any clover is the need to refertilize several times during the year. Fertilizing will help to feed the plant for the growth process keeping it succulent. A simple ph test should be done annually and corrections should be made based on the results.Diversity is the key to any successful hunting area. A successful hunting area may contain several types of clover. This will help insure adequate feed for the wildlife at different times of the year. When one variety of clover matures and dies, another will be ready. Here in Alabama I prefer the crimson and Yucci Arrow Leaf varieties. These varieties are beneficial to quail and turkey poults in the spring as well as prime white tail forages in the fall and winter.If you have a seed drill learning how to use it will result in an even stand, however a small seeder like the cyclone seeder will do very well. Only a few hunters know that planting clover seed to deep results in poor stands. Avoid disking clover seed in 5 or 6 inches deep because it results in poor emergence.www.rack-max.comWhen planting clover try to plant on a good seedbed Use a culti-packer if you have one. If you don�t you should prepare the ground a week before planting, and try to get the ground level to avoid small shaded areas in the field. Advance preparation will allow the dirt to settle and tighten up a bit.Ed HaasAlways try and use the recommended amount of seed to eliminate competition. Too many seeds will not allow a plant reach its potential making the process expensive. Not enough seed, on the other hand will make it easy for weeds to take over your food plot.Since clover seed is so small, a seeding rate of 12 to 20 pounds to the acre makes it difficult for birds to do much damage. Scatter the seed and let the rain bury it or you can drag it in with a section of chain link fence. The ideal depth is about � to � inches this will allow sun light to penetrate for germination.Most of us know a clover seed is very small and does not produce a very large root system. Whenever you can help a plant increase the way that it absorbs moisture and nutrients, that alone will help the survival rate of the plant. One word of caution when using a Bio Stimulant on clover. Make certain you plant enough or the deer will decimate it!Clover is a safe bet on planting for forage crops. One of the really great things about clover is that it makes it own nitrogen. When you plant other crops with clover the clover will help provide nitrogen for other grasses in the area. Nitrogen is essential in the production of wild life forages.The inoculants for the type of clover that you purchase can be purchased separately. If you have a seed that has been pre-inoculated, it will not hurt to add additional inoculants. This will insure that all of the seed has a good dose of inoculants on them.If you would like some good solid information on clover in your area go to your extension office, or simply call. They will be glad to help. So now you can see some of the benefits of clover. It provides good solid forage for you wildlife. And always remember that our youth need to be involved with our time in the field.Is the clover that is planted an annual or a perennial? Annuals will need to be planted every year but perennials will reseed itself for several years provided the fields are not grazed to short during the blooming stage.

www.rack-max.com

Author: Ed Haas

Woman hurt in SUV crash in Oakland

By Phil Anderson

THE CAPITAL-JOURNAL"As I started to feel my legs, I felt a large amount of hot, sticky substance going down my leg," Bullock said. "As I reached around, I felt the pole. I'm almost resting on it.""I immediately went into shock when the pole went in my leg," he said Wednesday from his hospital bed at Intermountain Medical Center."I thought (to myself in the car), 'I'm probably going to bleed to death,' " Bullock said. "It was impossible for me to really come to terms with the situation, I was in such shock."On the morning of August 6, the 64th anniversary of the atomic bombing of Hiroshima, Carl Kabat used a bolt cutter to snip the heavy wires of a chain link fence, one by one. Just through the fence, the Colorado prairie is pierced by a deep underground silo, capped with a thick slab of reinforced concrete. It conceals a Minuteman III intercontinental ballistic missile with nuclear warheads, poised for The End.The SUV then continued traveling east, where it went down a curb and crossed both westbound and eastbound lanes of traffic on N.E. Sardou before it jumped a curb, finally coming to rest against a chain-link fence on the south side of N.E. Sardou.But for all of Bullock's bad luck, he also had quite a bit of good fortune with him that day. A nearby tree prevented his vehicle from tipping completely on its side, which could have pushed the pole into his body even further and possibly killed him. Even more fortunate, the pole completely missed his femur and the majority of tendons and ligaments. The only area heavily damaged was the femoral artery.President Obama had declared "America's commitment and desire to seek the peace and serenity of a world without nuclear weapons," and Kabat was going "to do my little bit," towards that goal, starting with this missile.Kabat first literally struck a blow for nuclear disarmament in September, 1980, at a warhead factory in Pennsylvania. He was one of the Plowshares Eight, who used simple hand tools to enact the biblical mandate of beating swords into plowshares and sparked a continuing series of nonviolent direct actions for disarmament known as Plowshares.Crews had power restored by 8:45 p.m.Kabat, 75, was also observing the 50th anniversary of his vows into the Missionary Oblates of Mary Immaculate, a Roman Catholic order. His early years as a priest included missionary work overseas amidst great poverty. For the last three decades, his digging at the American roots of the misery he observed abroad has resulted in more years in prison than on the streets.At silo N-8, the priest was dressed as a clown - the disarming garb he's donned for several other similar silo actions since 1994. His appearance confirmed that he's a "fool for Christ," as the apostle Paul wrote about. But this fool knows true crazy.

Phil Anderson can be reached at (785) 295-1195 or phil.anderson@cjonline.com.

Author: Phil Anderson

Horrific crash has a silver lining

MURRAY -- His friends call him "The Machine."

On Wednesday, it was hard to tell that the second-year student at the University of Utah was in such a bad crash. With a toothpick in his teeth, Bullock was calm as he retold the story and joked with his friends who came to visit.On Monday, Bullock was, ironically, en route to the hospital for an appointment when he entered the intersection of 1300 East and Zenith Avenue and was T-boned by a vehicle that ran a stop sign. The impact tipped Bullock's vehicle onto its side and into a nearby chain-link fence.For the next two hours and 20 minutes, according to Bullock, all he could do was wait for rescuers to cut him out. But again, good fortune was on his side.Once he'd cut the wires and pushed an opening through the fence, Kabat hung banners, prayed, and tried to break open the hatch into the silo. Alerted by a remote detection system, Air Force security personnel arrived about 45 minutes later and took Kabat into custody. A Weld County sheriff's deputy was summoned to the scene and arrested Kabat on misdemeanor charges of criminal mischief and trespassing.Bullock had high praise for the police, firefighters and paramedics who helped him. After a lengthy procedure, firefighters were able to use the Jaws of Life to cut through the car and cut the pole that was pinning Bullock. But there was a still a 3-foot section of the metal pipe stuck in his leg, which paramedics didn't want to remove until he got to the hospital.Kabat is being held on $5,000 bond, which he refuses to post. He pled not guilty to both charges, and his trial is scheduled to begin at 8:00 a.m. December 9 in the Weld County Courthouse in Greeley, Colorado. Pretrial hearings are scheduled for November 6, 10, and 23. For more information, contact Bill Sulzman at (719)389-0644 or bsulzman@juno.com.Authorities said the accident occurred about 3:45 p.m. at the intersection of N.E. Sardou and Winfield.Police at the scene said the Tahoe appeared to have been traveling east on N.E. Sardou when the driver lost control of the vehicle, which crossed the westbound lane and struck a tree and power pole at an alleyway on the north side of the street.SUPPORT ACTIONThis silo, N-8, rests in the ranchland about 30 miles northeast of Greeley, Colorado. It's one of hundreds of nuclear missile silos still scattered across the American plains.But at the time, Bullock didn't know what had happened or the extent of his injuries. He was bent over the steering wheel of his crushed car, stuck to something that had penetrated his leg and unable to move.According to Westar Energy, 32 customers in Oakland were without power for several hours Sunday after the accident.The experience, however, has brought his family closer together, he said, as well as shown him how many people care. Bullock has been visited at the hospital or received text and phone messages from not only friends and family members, but also high school acquaintances to whom he hasn't spoken in years, police officers who were at the scene of the crash and even eyewitnesses who never knew Bullock until they saw the accident.He said he was most scared when he reached the emergency room and was about to go into surgery. Doctors told him of all the possible outcomes. It was that moment that Bullock now calls "the birth of Zim-Page," because of his ID number on his chart going into surgery.On Wednesday, The Machine was up and walking again -- albeit very gingerly -- after his most recent, and most horrific, crash.A sport utility vehicle crashed into a tree and power pole before it careened across two lanes of traffic and jumped a curb, finally stopping when it hit the chain-link fence of a home Sunday afternoon in the city's Oakland neighborhood."All of the right people responded," he said.No other injuries were reported.Earlier this year, a truck parked on the north side of the same residence on N.E. Winfield was struck by a car after it had been involved in a two-vehicle crash at N.E. Sardou and Winfield.

e-mail: preavy@desnews.com

Author: Pat Reavy Deseret News

PRIEST JAILED AGAIN FOR MISSILE STRIKE

'NUCLEAR WEAPON HERE' PRUNING HOOKS ACTION

The surgery was a success, and Bullock will not only keep his leg, but also was expected to make a full recovery. Doctors even gave him the metal pipe they took out of his leg, something that Bullock said he would like to put in a glass case and keep forever.It's a nickname 19-year-old Christopher Bullock picked up after getting into a rash of bad luck with car accidents, including one in which he totaled his vehicle. But each time, he was able to walk away.Carl Rabat's statement and more Hiroshima/Nagasaki anniversary action reports continue on page 4"I thought, 'What a beautiful place this is except for this damnable thing in the ground that could kill two or three million people,'" he explained to a New York Times reporter. "It's insane."Once he was able to move, the only way rescuers could reach Bullock was for him crawl on his hands and knees, with the metal pipe still in him, out onto a backboard.Power lines were down on the north side of N.E. Sardou, just west of N.E. Winfield, after Sunday afternoon's crash. Neighbors said the accident caused them to lose power.e-mail: preavy@desnews.comLetters of support should be sent to Carl Kabat, Weld County Jail, 2110 O Street, Greeley, CO 80631.Phil Anderson can be reached at (785) 295-1195 or phil.anderson@cjonline.com.The 53-year-old woman who was driving the Chevrolet Tahoe was believed to have suffered a medical condition before the accident. She was taken to a local hospital by American Medical Response ambulance with minor injuries, police said.Part of the metal bar that stretches horizontally across the fence-line tore through the roof of the vehicle and impaled Bullock, entering his right thigh near his groin and exiting out the back of his leg.

Carl Rabat's statement and more Hiroshima/Nagasaki anniversary action reports continue on page 4