MoDOT settles lawsuit over worker’s unborn baby

ST. LOUIS – The mother of a pregnant woman and the biological father of the unborn child have won a settlement from the Missouri Department of Transportation in a wrongful death lawsuit.

On Nov. 18, 2021, a driver crashed through a work zone on Telegraph Road over Interstate 255, killing MoDOT employees James Brooks and Kaitlyn Anderson, who was six months pregnant with her unborn son, Jaxx. A third worker barely survived the crash.

There was no protective truck at the site, which is a requirement. Anderson had requested a safer job due to her pregnancy.

Anderson’s mother, Tonya Musskopf, and husband, Austin Jarvis, sued the Missouri Highways and Transportation Commission (MHTC), which governs MoDOT.

The settlement, filed on Sept. 6, awards Musskopf and Jarvis $505,000 for Jaxx’s death.

Tonya sent the following statement to FOX 2 regarding the settlement:

“I’m just heartbroken that my daughter paid the ultimate price for the state of Missouri, and her life is meaningless to the state. There’s no amount of money that would have made this situation better. But the bare minimum they paid for Jaxx is disturbing. I fought all the way to the Supreme Court. Missouri just showed they do NOT value their workers, and the government gets immunity. I will forever miss my daughter and grandson due to MoDOT’s careless actions.”

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