ST. LOUIS — Two families are fighting for change when it comes to employee safety in Missouri.
It's been almost three years since two MoDOT workers died on the job in south St. Louis County.
Twenty-five-year-old Kaitlyn Anderson and 58-year-old James Brooks were killed, while working on Nov. 18, 2021. Anderson was five months pregnant when she died.
A third worker, Michael Brown, was seriously injured in the crash.
Now, their loved ones are demanding improvements.
Those family members drove to Jefferson City and spoke to Missouri state legislators Wednesday morning.
The fight
Tonya Musskopf's home is filled with pictures of her daughter, 25-year-old Kaitlyn Anderson. It's the tangible reminder to keep pushing.
"I wanted to make sure if there were any safety violations, safety violations that caused a death that the corporations need to be held accountable," Musskopf added. "Kaitlyn was the most amazing daughter a mom can have and her life was taken in a preventable tragedy."
Kaitlyn Anderson, who was pregnant with her unborn child named Jaxx, and 58-year-old James Brooks were killed on the job when a driver with a medical emergency hit them on Telegraph Road at I-255 in south St. Louis County in Nov. 2021.
Brooks was a senior maintenance worker and worked for MoDOT for almost nine years. Anderson was an intermediate maintenance worker and worked for the department for two years.
The two were working on striping operations.
Brigit Brooks said she was married to her husband for 20 years. She told 5 On Your Side, that the two had just celebrated their anniversary right before the crash.
"James always talked about MoDOT and his whole thing was about safety and here, he died from safety issues," Brooks shared.
Musskopf called Jaxx a 'miracle baby', after her daughter had three miscarriages.
Both women believe MoDOT could have done more to protect them. They said the state agency failed to have a protective truck, potentially preventing their deaths. Those protective trucks are often called TMAs, which stands for Truck Mounted Attenuator. In simple terms, it’s a crash cushion mounted to the rear of a safety truck and it's designed to absorb impact when hit, which protects the crew.
Both women said Anderson and Brooks were striping the the day before with a TMA and on the day of the crash, there wasn't one there.
Since the life-changing moment, Musskopf received more information about the wrongdoings on that day.
Musskopf attained a letter on April 26, 2022. It was from MoDOT to a supervisor, explaining the supervisor would be on disciplinary probation for three months.
The letter stated an investigation from that November day revealed there were supervisory failures including:
- Failing to ensure relevant and updated information, adding that the supervisor had a binder with information from 2007
- Failing to ensure their team was educated to properly set up work zones
- Failing to follow-up with workers to ensure signing and stripping employees watched the TMA Usage Video
On April 5, 2022, Musskopf received a letter from MoDOT explaining actions taken following that deadly day.
Musskopf sought an attorney and filed a lawsuit against the MoDOT supervisors for a wrongful death lawsuit. The case made it to the Missouri Supreme Court and oral arguments will be March 27.
The supervisors are claiming the unborn child was an employee. This would make the case a worker’s compensation case rather than a wrongful death lawsuit. Worker's compensation cases can protect employers in the state of Missouri.
Tabatha Moore is Anderson's aunt and she's passionate about the problem.
"One of their tactics has described Jaxx as an employee which absolute is not the case and it’s added layers to this case, so we’re fighting this at the Missouri Supreme Court level and in Jefferson City," Moore said.
Brooks has a pending lawsuit.
Legislation
Right now, there are three bills related to this case:
Representative Cyndi Buchheit-Courtway is a sponsor for two of the bills.
She said she connected with Musskopf, after her family called multiple legislators seeking assistance.
"I will never forget Jaxx, Kailtyn and James Brooks and the fact that they are here fighting for these laws, these laws won’t help them but it will help others if it happens again," Buchheit-Courtway said.
Wednesday morning, the two women spoke in a public hearing for HB 1531. Moore was also there.
"We don’t even realize that there are laws in the books that are working against us every day and it leaves us unprotected and vulnerable and if something happens to us, it could leave our loved ones out in the cold with no recourse and that’s where our family is," Moore said.
Moore believes her niece would be proud of their work.
"There is no doubt she would see the injustice in the ways our laws are designed and I think she would be proud of the fight we are fighting because she would never want to this happen to another family," Moore said.
5 On Your Side reached out to MoDOT and a spokesperson said, "As a matter of policy, MoDOT does not comment on potential legislation."
'We are like family'
The deaths of their loved ones brought both families together.
"Unfortunately the day I lost Kaitlyn and Jaxx, [Brigit] lost her husband too. I knew from the jump that I had to connect with her and fight together," Musskopf added.
"We are like family now, we united so whatever needs to be done I'm there and she knows that," Brooks said. "Changes need to be made because unfortunately what happened to our families, this is a nightmare."
The two women not only want to improve laws but also lives.
"People in Jefferson City, those lawmakers I hope they do the right thing for families behind us because this is a tragic situation but I just pray and hope they do the right thing," Brooks said.
To carry on her legacy, Anderson's family created "Kaits Love For Jaxx Foundation", which sends care packages to grieving families across the country.
In Nov. 2023, the Kaitlyn Anderson Memorial Bridge was named in honor of her.
On Saturday, March 9, there is a dedication ceremony for the James Brooks Memorial Highway and it will be placed on Natural Bridge Road.