Family of pregnant MoDOT worker killed in crash files wrongful death lawsuit

Published: May. 10, 2022 at 4:13 PM CDT|Updated: May. 10, 2022 at 6:07 PM CDT
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ST. LOUIS, Mo. (KMOV) - The family of a pregnant MoDOT worker killed in a work zone crash in south St. Louis County is taking the state and driver to court for wrongful death.

Last November, Kaitlyn Anderson was hit and killed on Telegraph Road near Interstate 255. She was six months pregnant with her son Jaxx. James Brooks was also killed in the crash. Another worker, Michael Brown, was left with life-long injuries.

On Tuesday, Anderson and Jaxx’s family filed a lawsuit marking the first legal action in the case.

“We want justice, we want answers, Jaxx’s life mattered, Kaitlyn’s life mattered,” said Tonya Musskopf, who lost her daughter and unborn grandson. “All we have is broken hearts that we don’t know how we’re going to put together.”

The lawsuit was filed against three parties; the Missouri Highways and Transportation Commission, which is the board that oversees MoDOT, MoDOT Supervisor Michael Love, and the driver in the crash Stanley McFadden.

According to the lawsuit, the state broke its own rule requiring a protective vehicle when “workers are physically working within a lane of traffic.” The lawsuit claims that created “dangerous conditions” and allowed the driver’s car to crash into the work zone.

“MoDOT has refused to be accountable for what occurred,” said Andrew Munwiller, the lawyer representing Kaitlyn and Jaxx’s family. “There is no deterrence for MoDOT supervisors or anybody else that was negligent that day to change their behavior.”

The lawsuit claims the driver, Stanley McFadden, was, “negligent, careless, reckless” and didn’t take “proper precautions for his health.” Missouri Highway Patrol investigated the crash as a medical emergency.

For the first time, News 4 Investigates heard from McFadden. In a text message to News 4 McFadden wrote:

“there is no way I cannot think about this every second of every day now. I haven’t driven since the accident. My heart is nothing but in pain for the families. I was given the recommendation not to discuss the incident by my lawyer. I truthfully do not remember anything. Hope you understand and don’t judge me.”

Recent reporting by News 4 Investigates led the Missouri Department of Revenue to revoke McFadden’s license.