Legislators weigh in on MoDOT claiming unborn fetus as employee

JEFFERSON CITY, Mo. – The mother of a pregnant MoDOT worker who was killed in a work zone has gained bipartisan support that would settle a dispute over the unborn fetus.

Pregnant Kaitlyn Anderson died in November 2021 in an incident that remains in litigation. Families of Anderson and James Brooks, another MoDOT worker who was killed, are suing MoDOT over the failure to protect the work zone with a buffer truck.

Attorney Andrew Mundwiller has talked about the difficulty of suing the government, but even he didn’t see it coming when MoDOT claimed Anderson’s unborn baby Jaxx was their employee.

“What they’re hoping is they don’t pay anything,” Mundwiller said in April 2023.

If the courts view the unborn baby Jaxx as an employee, then the lawsuit is dismissed, and it becomes a worker’s compensation claim, according to Mundwiller. From there, the compensation claim would be dismissed, as it was for Anderson.

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