Andrew Mundwiller is an attorney with The Cagle Law Firm in St. Louis. He represents people with severe injuries and disabilities, focusing on protecting his clients’ legal rights and financial well-being. Andrew is also a member of SOMO’s Board of Directors.

During the Presidential debate on October 22, conservative author and commentator Ann Coulter stated on her Twitter account, “I highly approve of Romney’s decision to be kind and gentle to the retard.” Coulter’s comment referred to President Obama as a “retard.”

The next day, John Franklin Stephens, a Special Olympics Athlete from Virginia wrote an open letter to Coulter addressing her use of the r-word and invited Coulter to attend a Special Olympics event.

Thursday, Coulter was on the radio and was asked whether she regretted her use of the r-word. Coulter said, “No of course I don’t.” Coulter further stated, “Liberal victims are the biggest bullies of all” and when referring to people who criticized her use of the r-word Coulter stated, “screw them.”

I am a volunteer board member for Special Olympics Missouri and I have a son with autism. I am not willing to sit back and let people bully children and other human beings with intellectual disabilities. So I felt it necessary to write this letter to you.

I am so confused by how accepted hate and bullying has become in this country. How is it that Coulter and those like her feel it necessary to attack innocent human beings to further their personal and political agenda?

I am disgusted that someone who claims to be educated and on the moral high ground would choose to use such offensive and hurtful language to people that she has never met. Furthermore, when given a chance to say she was sorry, she added further insult and continued her use of the r-word.

There is no place in a civilized and modern society for the r-word. Coulter used the word interchangeably with the word “loser.” I am not sure how that could be so. I have been to many Special Olympics events and I have never seen a loser.

What I’ve seen are people who are my heroes. People who never let life’s challenges get in their way. I’ve seen people who possess the best qualities that a human being could have, like love and caring.

Ann Coulter had a real opportunity to address the use of the r-word. Coulter had the chance to stick up for people and denounce bullying and hate, but Coulter refused. Nobody can change Coulter or her feelings. It is up to our community to say, “I am not okay with hate and bullying.” “I am not going to tolerate people being hurtful.” We are all members of this community. Life is too short to live in a society where we hurt each other.

http://specialolympicsmissouri.wordpress.com/2012/10/29/bullying-and-hate-should-not-be-tolerated-why-ann-coulters-use-of-the-r-word-is-wrong/

On September 8, 2010, our client was traveling from her home to work.  As she entered the intersection of Manchester Road and Sulphur Spring, a car driven by an older woman made a left turn causing the two vehicles to collide.  Our client alleged she had a green light and the older woman failed to yield the right away.  The older woman claimed she was not at fault as our client negligently changed lanes quickly and thus caused the collision.

 As a result of the crash, our client sustained a left scaphoid fracture, but waited eight days to seek medical treatment of her fracture and 20 days to seek treatment of her neck injury.  She developed neck pain, bi-lateral arm pain, and bi-lateral thumb pain and was diagnosed with cervical disc herniationat C4-5 and C5-6 and bi-lateral carpal.

The case was set for trial on June 11, 2012, before Judge David Vincent in St. Louis County, but the parties agreed to a pre-trial mediation.  On April 23, 2012, the parties attempted to mediate the case but were unsuccessful.  However, approximately a week after mediation the parties entered into a settlement for $350,000.00.

Wilmington, Delaware

On May 17-24, 2012 Widener University School of Law held its annual Intensive Trial Advocacy Program (“ITAP”) which seeks to give law students a real world perspective on the trial of both criminal and civil cases. Students are given hypothetical criminal and a civil cases. They are asked to work through the cases and prepare them for trial. The students work on everything from opening statements to closing argument. The week long seminar ends in a trial of the assigned case in front of a mock jury and a guest attorney serving as the judge.

ITAP brings experienced and talented attorneys from all over the country to teach law students how to appropriately try cases. Andrew Mundwiller of the Cagle Law Firm was invited to join attorneys from New York, Pennsylvania, Delaware, New Jersey, Georgia, Florida, Utah, Massachusetts, and other states to act as a guest instructor. This program is one of only a few that really seeks to show students not only the procedure, but a different way of thinking about their cases. “It seems funny to me that so many law schools do not teach their students how to try a lawsuit. We would never expect a surgeon to not know how to operate on a patient after they finish their training. I was honored that I was asked to serve as a guest instructor and judge in such an important program.”

There has been so much stigma attached to being a lawyer.  I can hear my wife telling me, “Stop arguing with me like a lawyer.”  Really I think the biggest stigma associated with being a trial lawyer is that lawyer’s lie and hide the truth.  In fact I remember having a conversation recently where a friend laughingly said, “You’re a liar, I mean lawyer. Oh well, same difference.” I suppose some lawyers probably deserve that type of comment.

I however, was always taught growing up to be honest.  If you make a mistake, own up to it. Do not lie about it or try to hide it. 

As I started to grow as a lawyer, I realized keeping these values helped me stand apart from the attorney who choose to hide the truth.  In several recent trials, I immediately asked my client’s about negative facts early on.  I told them to tell the jury about X, Y, or Z even though it may not have been the best facts for the case.  I could tell the jury appreciated our honesty.  When it came time for the defense, the jury was upset they did not have the same candor as we did.   Trials are only about honesty and credibility.  It is so important to trust juries with the complete truth, as we need to trust our loved ones with the complete truth.  In trial, you have two sides battling and the judge or jury gets to pick one.  I have found in trial, as in life, honesty is rewarded.

If we stop and think about it, insurance companies are quite clever. 

When our citizens hold these companies responsible in court, what does the insurance industry do? They don’t say, “You know we were wrong, we should have paid that innocent claimant.” Instead they say, that poor person who lost their legs, well, they are greedy and you know that jury that awarded that verdict was just out of control. Then, insurance lobbists manipulate and confuse our lawmakers to pass tort reform (preventing ordinary Americans from their right to a jury trial).   They claim the reason for this is, they don’t want everyone’s rates to go up. What??? They don’t want to collect more money???  (or is it they don’t want to pay out more money?). 

So the lawmakers abide by their master and pass with a rubber stamp whatever the insurance company drafts up.  Surely now all of our rates will go down right? WRONG.  Through record setting profits, they get government bailouts and spend them on lavish vacations for executives. Then rates go down right? NOPE. They stay the same or in most cases increase. America was duped. 

I can imagine no other industry where a citizen is forced to buy a product by law.  Then when it comes time for the citizen to ask for the product they paid for, they are told NO sorry its not our responsibility.  You don’t have X, Y, or Z so we can’t pay.  You know you were probably had an injury at some other point in your life, so DENIED.    Where has this country gone?  To me that sounds like robbery, extortion, trickery.  The type of protection only money can buy, right?

Guess what? They are at it again… More blame on the injured and their advocates.  I suppose it would be much easier if the insurance industry was just honest about what they want: to never be held responsible or have to pay.  They should just push for a law that says citizens must pay their insurance company X amount of dollars every month, but do not ask for coverage if something happens.  Perhaps to paraphraze Steven Colbert (regarding a jury of our peers), shouldn’t insurance companies be judged by other corporations? Aren’t those their peers.  It’s laughable, but in reality we are not far away from being at that point.

I would like to encourage everyone to visit the website below.  This is a new report on how the insurance industry creates its own crises for profit. Meanwhile stealing from the injured and forgotten.

http://centerjd.org/content/study-repeat-offenders-how-insurance-industry-manufactures-crises-and-harms-america

Mo Lawyers Weekly – Wells Trial

http://insurancenewsnet.com/article.aspx?id=307689

http://www.madisonrecord.com/news/239151-moro-woman-awarded-140000-over-dog-bite

Please visit the above news and internet articles concerning the Wells v. Cooper dog bite trial in Madison County, Illinois. The case was tried by Andrew Mundwiller and Lindsay Rakers of The Cagle Law Firm.  This case had difficult facts on liability and low economic damages.  We ultimately were able to help the jury see the true damage which was done to an innocent woman.

During jury selection we went with our gut on the inherent goodness in people.  We intentionally selected an insurance claims adjuster and a former client of the defense attorney’s law firm.  I believed these individuals could be fair despite their backgrounds and the jury’s unanimous verdict reflected justice for our client.

Stage Collapse

As we all saw the horrifying events that took place on August 13, 2011 at the Indiana State Fair.  It appears officials ignored warnings which could have saved the five people who were killed and others which were seriously injured.  The concert promotor addressed the crowd prior to the collapse and informed them the show would go on, despite the severe weather warnings.  In addition the stage as seen the video of the tragedy, appears poorly constucted and obviously was not designed to hold up against the weather. 

As this cases continues to develop, additional facts will surface. If you or a loved one has been injured please contact Andrew Mundwiller  at (314) 972-3993 to discuss your rights.

http://www.washingtonpost.com/blogs/capital-weather-gang/post/indiana-stage-collapse-was-it-preventable/2011/08/15/gIQAvXa9GJ_blog.html