ST. LOUIS COUNTY, Mo. — On Nov. 18, 2021, Missouri Department of Transportation workers Kaitlyn Anderson, 25, and James Brooks, 58, were working on Telegraph Road when a car drove through traffic cones and hit them.
Both workers died at the scene. A third worker, Michael Brown, was seriously injured.
Anderson was six months pregnant at the time. Her unborn son, Jaxx, also died.
"She was just an amazing girl. She loved life, she loved her country and she loved her family," Tonya Musskopf said.
The Missouri Supreme Court heard oral arguments on both sides Wednesday.
"I just couldn't wait to see her be a mom, and I couldn't wait to spoil him. If MoDOT had protected that work zone as the police states, Kaitlyn and Jaxx would be here," Musskopf said.
There are several key issues, including the amount of compensation Anderson's family should receive.
MoDOT claimed Anderson's unborn baby was their employee and the case is a worker's compensation issue.
"I was shocked when they came up with that," Musskopf said.
"Our attorney said it best during the hearing. He said Jaxx is a unique individual, and under Missouri state statutes, as a unique individual, he is entitled to every protection that any other human being on this planet is entitled," Tabatha Moore, Anderson's aunt, said.
In a statement, the family's attorney, Andrew Mundwiller, said, "For years, we have been fighting to give the family the opportunity to exercise their civil rights to present the fact to a jury. The case is now in the Missouri Supreme Court's hands. We have hope that justice will be done."
"I feel the fact that the Supreme Court is made up of parents and grandparents, I think they'll do the right thing. That's my prayer," Musskopf said.
A MoDOT spokesperson said the department does not comment on pending litigation.
Thursday would have been Kaitlyn Anderson's 28th birthday. Her family will place a flower-covered cross at the crash site in memory of her.
To watch 5 On Your Side broadcasts or reports 24/7, 5 On Your Side is always streaming on 5+. Download for free on Roku, Amazon Fire TV or the Apple TV App Store.