Attorney Blog

Back to school time and the dangers of playgrounds and playground equipment

hklemick@hotmail.com (Blog Author)16511 — Thu, 06 Aug 2009 08:00:00 EST

For years our firm has represented hundreds of children injured in playgrounds or on playground equipment in public parks and in our schools. The playground equipment is like a magnet to children. Unfortnately, dangers are lurking. The most widely seen danger is that the surface under climbing and sliding equipment are not adequately padded so as to prevent serious head injuries and broken noses. As we are almost at the beginning of the new school year, check with your children's school or daycare and make sure that the playground equipment is safe.

Courts Find That Some Employers Are Risking the Safety of Their Employees

hklemick@hotmail.com (Blog Author)8524 — Wed, 28 Jan 2009 08:00:00 EST

It appears that the Courts in Florida have finally recognized that some employers are risking the safety and even the lives of their workers by failing to meet the OSHA standards allowing workers to remove safety guards and failing to properly train workers in the safe way to use dangerous tools and equipment. It is about time! The employers in Florida have been allowed to jeopardize the lives and limbs of their workers without accountability.

In the latest such case the Court found that a worker could sue his employer when his arm was crushed in a punch press machine when the guard was removed and he was instructed to dislodge a piece of metal in the press while it was still on.

Cooking Fires resulting in burn injuries

hklemick@hotmail.com (Blog Author)8430 — Mon, 26 Jan 2009 08:00:00 EST

Our firm has been recently asked to represent two separate clients who suffered third degree burns in two separate cooking fires. In both cases our clients were attempting to heat cooking oil on the stove to a temperature which would allow them to fry croquetas and French fries. In these cases the smoke alarms did not go off and the pan burst into flames. Both clients attempted to carry the flaming oil and pan outside to prevent the house from catching fire. Instead the flaming oil spilled on them which resulted in third degree burns, hospitalization, multiple surgeries, skin grafts, and rehabilitation. In one of the cases the fire extinguisher provided by the homeowner’s association did not work.

Our firm is suing the homeowner and homeowner association for our clients severe injuries and damages.

To prevent these types of fires make sure your smoke detectors work, have a working fire extinguisher in the kitchen, have a lid for the pan on the stove, do not leave the pan unattended while the oil is heating.

Manufacturers of the pans and stoves can play their part in preventing these household cooking fires by having temperature regulators built into the pan and stove to prevent the oil from reaching the flammable temperature. They can also provide proper warnings on the pans and stove on how to prevent and extinguish cooking fires.

The oil manufacturers should also provide large warnings on the containers warning users of the severe burns that can occur if the oil catches fire.

A Company is Not Heroic for Obeying a Recall

hklemick@hotmail.com (Blog Author)7394 — Thu, 18 Dec 2008 08:00:00 EST

A judge in California recently ruled that lawsuits agains Wal-Mart and other large retailers can move forward.

The lawyers for Wal-Mart et al. made the argument that since they obeyed the recall and ordered replacements for the products that they were selling that the lawsuit was not necessary.

There are two problems with this argument. First, the products were toys that contained either high levels of lead or small, detachable magnets that could very easily be swallowed. And second, a recall is not an optional thing. If a company is ordered to recall certain items, there is no room for negotiation. Following a recall doesn't make you a hero anymore than obeying the speed limit does.

The judge in this case made the right decision in allowing the lawsuits to proceed, and he also made the right decision in not letting the retailers in these cases refuse to pay for medical tests for the people who bought the products in question.

You would be surprised how often large corporations use the argument that something is "too costly," and you would be even more surprised as to how often judges and juries accept that line of reasoning.

Product liability cases are no laughing matter, whether they occur in California, New York, Miami or anywhere else.

If you or a loved one has been injured in Miami due to a product that is faulty, contact Miami Injury Attorneys Klemick and Gampel for a free legal consultation today.

Do You Live Near the Most Dangerous Intersection in the Country?

hklemick@hotmail.com (Blog Author)7113 — Mon, 08 Dec 2008 08:00:00 EST

Did you know that Miami is home to the most dangerous traffic intersection in the country?

The corner of Flamingo Road and Pines Boulevard is quite literally the intersection in American where the most accidents occur.

It's more dangerous than intersections in New York or even Los Angeles, where there are more drivers and more cars.

There were 357 accidents there last year. Thats a little under one accident every day.

In order for there to be so many accidents, there simply has to be a flaw in the way that the road is designed. This is something that the Miami city council should definitely take a look at.

If you or a loved one has been injured in a car accident in Miami, contact Klemick and Gampel for a free legal consultation today.

Auditing Insurance Company Service

hklemick@hotmail.com (Blog Author)6531 — Mon, 24 Nov 2008 08:00:00 EST

Many of our clients have found themselves treated poorly by insurance companies, and one of the questions that seems to get asked over and over is "Why didn't we know about how this company operates? Does the government know? Isn't this illegal?"

One company that specializes in real reviews and ratings of how insurance companies work is AM Best. They review insurnace companies based not on their profitability, market share, or amount of revenue spent on advertising, but rather on their willingness and ability to pay out claims quickly and fully.

Checking out their ratings would probably be the best way to find out whether or not you have made the right decision with your current insurance provider.

As always, if you have been injured in an accident in the Miami, Florida area, contact Klemick and Gampel for a free legal consultation today.

PIP Insurance Coverage is Crucial for Real Protection

hklemick@hotmail.com (Blog Author)6319 — Tue, 18 Nov 2008 08:00:00 EST

Personal Injury Protection is a smart way for you to protect yourself in the event that you get into an accident that causes serious injury in which you were responsible.

We think that having PIP is the smartest thing to have on your insurance. It doesn't matter if your car is brand new, or if your car is fifteen years old. Any time you get into an accident, you are at risk of being found at fault. Personal Injury Protection is just that; It helps protect your finances in the event that you are found liable for injuries to others.

If you or a loved one has been injured in an auto accident in the Miami area, contact Klemick and Gampel for a free legal consultation today.

Celebrity Justice in Florida?

hklemick@hotmail.com (Blog Author)5610 — Wed, 22 Oct 2008 08:00:00 EST

Nick Hogan, son of professional wrestler "Hulk" Hogan, got out of jail a few days ago.

He was serving a sentence for a Florida car crash in August last year that left his best friend John Graziano with permanent brain injuries.

All told, he served about five and a half months. His passenger and best friend will be left in a permanent vegatative state, and will need complete medical care for what passes as the rest of his life.

According to the article, Nick Hogan wants to "do good" for the rest of his life. For one thing, he can make sure that not only will Mr. Graziano's medical bills are taken care of, but also that the Graziano family will be financially compensated for the loss of their son. That would be a good place to start.

If he further want's to "do good," he can actively campaign against the sort of drag racing that he was doing when he crashed his car.

If you or a loved one has been injured in a Miami car accident, contact Klemick and Gampel for a free legal consultation today.

Proving Your Case Might Be a Lot Easier

hklemick@hotmail.com (Blog Author)5376 — Wed, 15 Oct 2008 08:00:00 EST

As Miami car accident lawyers, we here at Klemick and Gampel aren't very big fans of a lot of automotive technology. Most of it seems to be dedicated to distracting drivers, which leads to car crashes and injuries.

But we have a different mindset about a new piece of technology that can really help accident victims. Many new automobiles now have what is called an EDR (Event Data Recorder). This is very similar to a "black box recorder" that is in airplanes.

What these recorders do is record many of the important things that happen while you are driving. It will record speed, traction, stress on the frame, rpm's, etc. This is all information that can be used to help determine the circumstances if you get into an accident, and this could be immensely valuable in proving to stonewalling insurance companies that you were not at fault.

Read the article by following the link, and if you or a loved one get injured in a car accident, contact Miami car accident attorneys Klemick and Gampel today.

Workplace Safety Terms

hklemick@hotmail.com (Blog Author)4988 — Wed, 01 Oct 2008 08:00:00 EST

By following this link:

http://www.safetyservicescompany.com/blog/common-workplace-safety-terms-part-1

you can see a site which will is basically a glossary of some of the workplace safety terms that are commonly used by OSHA personnel.

Allstate Rated as "Worst Insurance Company:" Did Your Insurer Make the List?

hklemick@hotmail.com (Blog Author)4987 — Wed, 01 Oct 2008 08:00:00 EST

The American Association of Justice recently released it's list of the worst insurance companies, and Allstate got the dubious distinction of being at number one.

The AAJ based the rankings on whether or not the insurance company in question follows the "Deny, Delay and Defend" tactic of denying claims, delaying any hearings or decisions, and defending every court case regardless of how much of an obvious loser it is.

If you want to see if your insurance company made the list, check out the AAJ website by following the link below.

http://www.justice.org/Resources.aspx

If you are considering putting loved ones in a Florida nursing home, YOU NEED TO GO TO THIS SITE.

hklemick@hotmail.com (Blog Author)4257 — Thu, 28 Aug 2008 08:00:00 EST

If you follow the link both in the title of this post and below the text, you will find a search page that helps you find a nursing home near your geographical area in Florida.

That is certainly convenient. But what we think is important is that the site allows you to check if the Florida Nursing Home Watch List.

The Nursing Home Watch List will tell you if the nursing home that you are considering for your loved ones is operating under "conditional" status, which means that the home have been officially warned or reprimanded by state inspectors. It will also tell you whether or not the home you are considering is operating under "bankruptcy," which means exactly what you think it means.

Following this link should be your first step.

http://ahcaxnet.fdhc.state.fl.us/nhcguide/FacilitySearch.aspx

Maryland has the right idea

hklemick@hotmail.com (Blog Author)3952 — Wed, 13 Aug 2008 08:00:00 EST

It didn't take long for Maryland to wise up after a fatal construction crane accident. Three months after a fatal crane accident in Annapolis, the state government is trying to enact some of the strictest training and licensing requirements for crane operators.

With the epidmic of crane accidents that have occurred this summer, it's refreshing to see someone taking action. Since we've had our share of crane accidents on Florida construction sites, let's hope the government in Talahassee does the right thing.

Florida Road is Called "A Six Lane Meat Grinder"

hklemick@hotmail.com (Blog Author)3724 — Thu, 31 Jul 2008 08:00:00 EST

While Florida has a lot to be proud of, the crash rate on our roads isn't one of them.

A Dateline report listed US-19 as one of the most dangerous roads in the country, with an astronomically high accident rate.

You can see the report by following this link.

http://www.msnbc.msn.com/id/7844269/

Long but Required Reading for any Construction Worker

hklemick@hotmail.com (Blog Author)3723 — Thu, 31 Jul 2008 08:00:00 EST

Following the link below will lead you to OSHA's rules and regulations regarding Safety and Health on construction sites.

Yes, it's long, and yes you might have to read it a few times. But knowing what is allowed and what is not on a construction site may help prevent an injury or even save a life.

Read it when you can.

http://www.osha.gov/pls/oshaweb/owastand.display_standard_group?p_part_number=1926&p_toc_level=1

Saving on Car Insurance Doesn't Have to Involve the Lizard

hklemick@hotmail.com (Blog Author)3177 — Tue, 24 Jun 2008 08:00:00 EST

A recent article in USA Today provides some practical ways to save money on car insurance. With gas now over $4 a gallon, most drivers are interested in saving money any way they can.

Follow the link below to see the article and to get some money saving tips.

http://www.usatoday.com/money/perfi/columnist/block/2008-05-05-car-insurance_N.htm

Nursing Home Arbitration Agreements Are Not In Your Best Interests

hklemick@hotmail.com (Blog Author)3176 — Tue, 24 Jun 2008 08:00:00 EST

A recent editorial in the Miami Herald discusses a very important point. Many nursing homes in Florida require their patients to sign agreements that require arbitration over disputes rather than lawsuits.

There are many problems with this, chief among them being that many arbitration results are to be kept confidential, which isn't necessarily the best thing if the nursing home in question has a history of abuse or poor treatment.

For read the editorial, follow the link below.

http://www.miamiherald.com/692/story/573697.html

Las Vegas Targets Elder Abusers

hklemick@hotmail.com (Blog Author)2516 — Tue, 29 Apr 2008 08:00:00 EST

The timing couldn't have been worse for Jacqueline and Alex Burt.

Arrested last week by Clark County (Nev.) police and charged with criminal neglect of their 86-year-old grandmother, the pair faces a court date May 12.

Their case comes just as the State of Nevada's Attorney General's Office has mandated punishing elder abusers a priority. The Elder Abuse Unit or EAU was created in the fall of 2007. The Clark County District Attorney's 4-person team seeks to apprehend and prosecute those charged with abuse or negligence of the elderly and demented, reports KVBC, the NBC affiliate in Las Vegas.

In the Burt's case, their grandmother was found with pressure sores and living in squalor.

"If you add the number of unreported of elder abuse it could be staggering," said John Kelleher of the EAU. "Many times, perpetrators use a position of trust as caretakers and then they fail to give care," he added. "That results in extreme abuse and neglect."

Sugar Vogel with the Las Vegas Senior Citizens Law Project trumpets EAU's creation. "Those of us who have been working with seniors, seem to have been waiting forever for some type of enforcement," she said. "Many don't think elder abuse or exploitation is even against the law. But it's a crime to abuse your parents and people need to go to jail."

Woman Arrested for Abusing Elder Victim, Who Later Died

hklemick@hotmail.com (Blog Author)2446 — Mon, 21 Apr 2008 08:00:00 EST

New Castle County Police in Delaware have arrested a woman and charged her with intentionally abusing and causing harm to a homebound, 82-year-old man.

But it's too late. The man died last weekend after spending two months in a hospital intensive care unit. He was admitted February 20 with a body temperature of 87 degrees. He had pressure sores on his back, legs and groin and suffered from dehydration and hypothermia.

Jailed at the Women's Correctional Institute is 46-year-old Louanna Gary, after she failed to post a $5,000 secured bail.

New Castle County Health Officials and the Attorney General's Office said Gary was responsible for taking care of the victim the last two years. Authorities said the victim's home fell far below health standards.

As disturbing as this case is, it's rare. The National Center on Elder Abuse has long-determined 47 percent of elder abusers are the adult children, 19 percent are spouses, and 17 percent are grandchildren or other relatives. The revealing fact is just 16 percent of elder abusers are unrelated to their victims.

Notice of Claim Filed in Fatal Manhattan Construction Accident

hklemick@hotmail.com (Blog Author)2249 — Mon, 31 Mar 2008 08:00:00 EST

The first lawsuit is in the works from the March 15 New York City construction crane accident that killed seven people, demolished a home and damaged nearby office buildings in Manhattan.

Christopher Canzona, brother of Clifford Canzona, is suing the city for $30M for his sibling's wrongful death, according to the Associated Press. Canzona was employed by Rapetti Rigging Service.

Attorney Alan B. Leibowitz filed a request in Manhattan's state Supreme Court for an order requesting access to documents relevant to the fatal accident.

Clifford Canzona was working on the site of a 46-story condominium when the crane toppled and caused Canzona and other construction workers to fall 18 stories to the ground. Canzona was found dead three days later under rubble and debris, his brother's official notice of claim stipulates. The notice also said the accident was "caused, in part, by the negligence of the city" and its Department of Buildings for failing to inspect the construction site properly and in "ignoring obvious defects" in how the tower was erected," according to Newsday.com.

Last week, a city construction site inspector was arrested after it was found he lied about inspecting the crane in question 11 days before the accident.

New York City Buildings Commissioner Patricia Lancaster said the city "will rely upon the findings of our forensic investigation to explore ways in which tragedies like this can be prevented," according to the New York Daily News.

Newsday reported the city made an immediate change in protocol involving crane operation. From now on, a buildings inspector has to be on site before a crane can be lowered or raised during construction.

SUV Strikes, Drags N.Y. Student in School Parking Lot

hklemick@hotmail.com (Blog Author)2089 — Sat, 08 Mar 2008 08:00:00 EST

A student was on her way to a violin lesson when she was struck by an SUV in her school's parking lot in Colonie, just outside Albany, N.Y.

Audrey Saccone, a student at Colonie High School, was struck and dragged by a motorist who hit two parked cars before hitting Saccone. The student suffered multiple fractured bones and a collapsed lung and is in serious condition at Albany Medical Center Hospital.

"She has early dismissal from school so she was on her way to her car," a friend, Jade Brewer told Capital News Nine, the Time-Warner Cable Television Station in Albany.

Colonie police said alcohol and speed were not factors in the accident and think the motorist, Linda Brennan, might have blacked out. Brennan, 57, is a biology teacher at another school in Colonie. She was exiting the school's parking lot at the time of the accident. Police have not issued a traffic citation to Brennan, according to the Albany Times-Union newspaper.

Worker Falls to his Death from Scaffolding

hklemick@hotmail.com (Blog Author)2027 — Fri, 29 Feb 2008 08:00:00 EST

A masonry worker fell 40-feet to his death from scaffolding on the University of Michigan campus in Ann Arbor, according to Mlive.com.

The 32-year-old man was working at the university's art museum when the accident occurred. The museum is closed to the public while a $35 million wing is under construction.

University officials did not release his name, but Pinckney Village President Rebecca Foster identified the deceased as Leo Felty, the husband of Pinckney Village Clerk Amy Felty. University police and staff from its environmental health and safety office responded to the scene, where the death was ruled an accident.

Idaho Construction Worker Electrocuted

hklemick@hotmail.com (Blog Author)1935 — Thu, 21 Feb 2008 08:00:00 EST

Thirty-eight-year-old Kenneth Donald Lahn was pronounced dead at St. Benedicts Family Medical Center in Jerome, Idaho after being electrocuted while working at a construction site, according to the Associated Press.

Jerome Police Officer Patrick Wilson said Lahn, of Kimberly, Idaho, was guiding cables of a crane operated by a co-worker when he swung the cables into a live power line. The electrical current traveled through the cables and crane before it was grounded through one of the legs that stabilized the crane, reported the AP.

The man who was operating the crane was not injured. Police ruled Lahn's death an accident.

According to Wikipedia, an electric shock can occur upon contact of a human's body with "any source of voltage high enough to cause sufficient current flow through muscles or hair." The minimum current a human can feel is 1 milliampere. The current can cause tissue damage or fibrillation (rapid, irregular contraction of the heart's muscle fibers) if high enough. The web site www.wrongdiagnosis.com reports death from electric current passing through the body can result from effects on the heart, severe external and/or internal burns or from other organ damage.

Construction Worker Crushed to Death in El Paso

hklemick@hotmail.com (Blog Author)1731 — Tue, 22 Jan 2008 08:00:00 EST

A 26-year-old employee of Noe Tapia's Concrete in El Paso, Texas was killed Jan. 22 when crushed by a bull dozer. "Massive internal injuries" was the cause of death, according to El Paso Fire Department spokesperson Lt. Mario Hernandez said.

Noe Tapia, owner of the concrete firm which employed the deceased, said ""We don't know what happened," he said. The man had worked for Tapia for six months. Tapia had been subcontracted by the general contractor, C.F. Jordan, which issued this statement: "We are currently conducting our own investigation. Our thoughts and prayers are with the family at this time."

The fire department's Hernandez added, "He was involved in some kind of industrial accident." Firefighters performed CPR on the man who later was pronounced dead at Thomason Hospital.

Police Department spokesman Officer Chris Mears said no charges were yet filed. "We're still looking into how he died," he said.

Occupational Safety and Health Administration (OSHA) officials were en route to the construction site to conduct an investigation.

http://www.elpasotimes.com/news/ci_8040102

Two Women Stranded Inside Elevator for Two Days

hklemick@hotmail.com (Blog Author)1596 — Fri, 04 Jan 2008 08:00:00 EST

Without knowing it, a dutiful employee who was "catching up" on work the day before Christmas, probably saved two lives.

Two cleaning ladies in Niles, Illinois, a Chicago suburb were stuck in a malfunctioned elevator and might have been there until after the holidays had it not been for one resourceful employee, according to the Associated Press.

Without cell phones and helpless after an emergency alarm went unanswered, Beata Bartoszewicz and her mother, Roma Borowski's hopes were revived when they heard someone on the first floor talking. They began screaming. The employee heard the calls, rushed to the elevator and pushed the button. But the doors didn't open. He called 911 and responding fire crews opened the door to free the women on Christmas Eve.

The pair entered the elevator on Dec. 22 and stayed there when the car became stuck on the first floor of the 2-story building They became dizzy from hunger. "I was close to thinking I was going to die," Bartoszewicz said.

The women slept on their coats and used a corner of the elevator as a bathroom. Bartoszewicz said her mother kept her spirits up. "She kept saying, `We're going to be OK, and we're going to spend Christmas Eve at home,'" the 25-year-old said.

Bartoszewicz said there was a simple moral to this story: "Always take your cell phone with you."

Japanese Auto Makers Test Accident-Prevention Systems on Virtual "Fields"

hklemick@hotmail.com (Blog Author)1535 — Wed, 19 Dec 2007 08:00:00 EST

The Nissan Motor Company soon will roll out the first automobile with accident-prevention systems equipped with the latest technology, reports allheadlinenews.com (AHN), an independent news agency in Tokyo.

The Japanese vehicle maker tested prototypes on a sedan with radar sensors to measure the distance between two vehicles. For instance, when one vehicle gets too close to one in front, its accelerator pedal applies pressure to the driver's foot to alert the operator to slow down. There is also a computerized braking system that is applied if it is determined that a driver can't control a vehicle to avoid an accident.

Other Japanese auto makers are conducting similar tests.

Fuji plans to install two cameras on the windshield of a sedan. The car automatically stops if the cameras sense pedestrians or bikers are too close to avoid contact. The sedan has a pre-programmed acceleration system that speeds the car if the operator fails to do so. The same system automatically slows the vehicle if an obstacle ahead is detected to be too close to avoid contact.

Toyota currently is using a driving simulator in its laboratory that simulates driving on a virtual road. Engineers can measure what is seen by an operator and the operator's physical reaction if the vehicle is determined to be moving too fast or too slowly for certain road conditions.

OSHA Investigates Utah Construction Site Fatality

hklemick@hotmail.com (Blog Author)1503 — Wed, 12 Dec 2007 08:00:00 EST

The Occupational and Health Safety Administration (OSHA) is investigating a pipe layer's death in a Salt Lake City construction accident. A 46-year-old worker died when the trench in which he was working instantly collapsed, according to the Salt Lake Tribune. The 15-foot deep trench was not equipped with a trench box - a sealed wall box - required by OSHA, according to Deputy Chief Dan Andrus of the Salt Lake City Fire Department.

The deceased, Ron Zwart, leaves behind a wife and four children. Zwart, who worked for EBW International, was installing a water line at the Veterans Administration Medical Center in Salt Lake City when he was totally covered by rushing soil. Co-workers rushed to dig him free, reaching his hard hat by the time an emergency crew arrived. When rescuers uncovered Zwart's head and chest, they discovered he was dead. Recovery crews on two vacuum trucks eventually freed Zwart's body.

Representatives from BML Construction Services, which sub-contracted for portions of the water line project, declined to comment about the accident.

Burger King Patron Bites into Burger and Finds Condom

hklemick@hotmail.com (Blog Author)1475 — Sat, 08 Dec 2007 08:00:00 EST

When a man began to chew on his Burger King Whopper in Montpelier, Vt., last June, something didn't feel or taste right. What Van Hartless pulled from the inside of his mouth was an open condom.

This month, Hartless filed suit in Rutland Superior Court against store owner Carrols Corp., of Syracuse, N.Y. Hartless claims he's suffered from vomiting, nightmares and emotional distress. He has seen a doctor and had tests performed, since he isn't sure if the condom had been used.

Hartless, 24, is a student at Green Mountain College. In wake of other instances across the country where restaurant patrons planted evidence in hopes of winning a claim in court, Hartless took a lie-detector test. His attorney, Devin McLaughlin, said his client "passed with flying colors."

The Fair Haven, Vt. resident discovered the foreign object in his sandwich June 18, when he arrived home, unwrapped the sandwich and began to eat it. "It was a very sour, bitter sort of taste. It almost had a numbing sensation," Hartless said. "As I went to bite down a little harder, I felt a rubber grind in between my teeth. I saw it half in my mouth, half hanging out. It was an immediate sick-to-my-stomach type of thing."

Pet Insurance Sensible for Traveling

hklemick@hotmail.com (Blog Author)1472 — Sat, 08 Dec 2007 08:00:00 EST

With 60 million pet dogs and 70 million pet cats in the United States, it's not uncommon for pet owners to insurance their beloved companions. The Los Angeles Times reports 100,000 dogs fall out of pickup trucks every year.

The Times said the Progressive Group of Insurance Companies offers a $500 payout if a policyholder's dog or cat is hurt or killed in a car accident. Progressive pet expert Andrea Arden, says motorists generally can be careless when taking their pets for a ride in the car. She says owners allow a dog to sit in their lap, move unrestrained or allow a dog to stick its head out the window. There are dog harnesses sold to restrain the animal inside the car, somewhat like a seat belt holds a human in a safe position.

Even though a dog would choose to poke its head out a window, a dog could be injured by flying debris or an insect or bee that flies into its eyes, nostrils or windpipe. Forced cold air into their lungs is also be problematic. Edmunds.com reports in some cases, dogs have strangulated themselves stepping on the electric window control on the door armrest.

There are also sedatives. Just as Dramamine aids humans against motion sickness, "Rescue Remedy" calms a dog's temperament just as Feliway calms a cat's nerves.

Some SUVs May Not Be Safe: Chrysler Recall

hklemick@hotmail.com (Blog Author)1055 — Sun, 16 Sep 2007 08:00:00 EST

Hot off the press in Miami, Chrysler Recalling Hundreds of Thousands of SUVs!!

The Miami Herald recently reported that Chrysler is recalling some 300,000 SUVs for a possible brake failing system that prevents the brakes from operating properly during an uphill drive. We all think that SUVs are safer because they are bigger and more massive carriers of metal. However, I don't care how big your vehicle is . . . if the brakes don't work you may be in for a world of hurt.

If this wasn't bad enough, Honda is also recalling over a 150,000 Civics from the 2006-2007 models for a possible defect that effects the wheels.

It is good that these companies are addressing the problem. I just hope it happens fast before someone gets hurt, or worse. If that happens, god forbid, people should have someone there to help them.

Larry

Happenings in the firm

hklemick@hotmail.com (News Author)9880 — Thu, 06 Aug 2009 08:00:00 EST

Did you know?

Happenings around our firm:

Maria Elena (paralegal) celebrated the arrival of her second grandchild, Sabrina. Her first, Michael will be turning 3 in November.

Ross Gampel (partner) celebrated two graduations this past spring. His son, Bradley Gampel, received a Bachelor's degree from M.I.T. and his son, Brian Gampel, received his Juris Doctor from the University of Miami School of Law.

Herman M. Klemick (partner) also celebrated a graduation. His younger daughter, Samantha Klemick, graduated from the Fashion Institute of Design and Merchandising in Los Angeles in the spring. His oldest daughter, Heather Klemick, is an economist with the E.P.A. in Washington, D.C.

Unusual cases

hklemick@hotmail.com (News Author)9902 — Thu, 06 Aug 2009 08:00:00 EST

Cooking Oil Fire: Our firm is presently representing a client was severely burned in cooking oil fire. The client was heating vegetable oil on the stove in order to fry some food. The oil caught fire and the fire extinguisher did not work. The client picked up the pan to throw the burning oil outside and suffered severe third degree burns. We are suing the condo association.

Changing Tire: One of our clients suffered a severe brain injury and fractured arm when the locking ring on a split rim commercial tire exploded while he was changing the tire. We are suing the forklift manufacturer and the marina who owned the boat lift.

Hatch Door: One of our clients was working in a side pump/lift station when the lid fell on him, striking his head. He is now suffering severe memory loss and brain damage. We are suing the manufacturer of the hatch door.

Remember if you, your family or a friend are ever severely injured in any way you may have a case. Please call us immediately and we will discuss the case with you free of charge.

Dangerous buses

hklemick@hotmail.com (News Author)9897 — Thu, 06 Aug 2009 08:00:00 EST

Several years ago Klemick and Gampel successfully represented the estate of a person killed when the brakes on a chartered bus failed because the charter company failed to maintain the bus and the brakes.

In February 2009 Trial Journal, Rob Ammons wrote an article chronicalling how dangerous America's buses are.

If you, your family or a friend are seriously injuried in a bus accident call us at 305-856-4577 for a free consultation.

Infections from the negligence of nail salons.

hklemick@hotmail.com (News Author)9886 — Thu, 06 Aug 2009 08:00:00 EST

At Klemick and Gampel we have seen several clients who have sufferred serious infections as a result of the negligence of nail salons.If you suffer an injury or infection which disfigures you or requires in patient hospitalization call Klemick and Gampel at 305-856-4577.

The dangers of the local salon were set out in an online article on Health.com.

Playgrounds and Playground equipment

hklemick@hotmail.com (News Author)9884 — Thu, 06 Aug 2009 08:00:00 EST

For years our firm has represented hundreds of children injured in playgrounds, on playground equipment in public parks and in our schools. The playground equipment is like a magnet to children. Unfortunately, dangers are lurking. The most widely seen danger is that the surface under climbing and sliding equipment are not adequately padded so as to prevent serious head injuries and broken bones.

Recently a young man was awarded $25 million dollars for brain damage he received in the indoor playground of a Burger King. The support poles were unguarded and the surface was also too hard.

Remember, if you, your child, or a friend ar einjured in a local park, at school or even on at home play equipment you may have a case. We will handle the case for you on a contingency basis. If there is no recovery you pay nothing to us.

Recalls and Warnings of Defective Products.

hklemick@hotmail.com (News Author)9878 — Thu, 06 Aug 2009 08:00:00 EST

Every year many manufactureres of products and medicines recall their products because of damgerous defects. There recalls usually come after many people have already suffered serious and sometimes catastrophic losses as a result of the defects the manufacturer already knew about or should have known about. Two of the most recent are the Yamaha Rhino (all terrain vehicle) and the Suzuki GSX R1000 motorcycle.

In the Yamaha Rhino case the U.S. governemnt statistics show that the Rhino has been responsible for 30 deaths and hundreds of serious injuries.

In the Suzuki case Suzuki initiated a recall to retrofit the motorcycle's frame with a brace. Without the brace the frames were susceptible to cracking and breaking behind and below the steering neck causing even the most experienced rider to lose control, suffer serious injuries or even die.

If you, your family or a friend has been seriously injured as a result of the Suzuki GSX R1000, the Yamaha Rhino or any othe product call Klemick and Gampel, P.A. at 305-856-4577.

Court Finds That Some Employers Are Risking the Safety of Their Employees

hklemick@hotmail.com (News Author)7137 — Tue, 27 Jan 2009 08:00:00 EST

Courts Find That Some Employers Are Risking the Safety of Their Employees

Courts Find that Some Employers are Risking the Safety of their Employees

hklemick@hotmail.com (News Author)7136 — Tue, 27 Jan 2009 08:00:00 EST

Casas v. Siemens Energy and Automation, Inc. 34 Fla.L.Weekly D151 (3 ist.,2008)

Cooking Fires

hklemick@hotmail.com (News Author)7109 — Mon, 26 Jan 2009 08:00:00 EST

Our firm is suing the homeowner and homeowner association for our clients severe injuries and damages.

The oil manufacturers should also provide large warnings on the containers warning users of the severe burns that can occur if the oil catches fire.

Cooking Fires

hklemick@hotmail.com (News Author)7108 — Mon, 26 Jan 2009 08:00:00 EST

Our firm is suing the homeowner and homeowner association for our clients severe injuries and damages.

The oil manufacturers should also provide large warnings on the containers warning users of the severe burns that can occur if the oil catches fire.

Truck driver gets 36 years after fatal crash

hklemick@hotmail.com (News Author)6723 — Thu, 18 Dec 2008 08:00:00 EST

MIAMI (AP) - A gasoline tank truck driver has been sentenced to 36 years in prison for causing a fiery, explosive crash that killed four people on a South Florida interstate in 2005.

For more information, follow the link below.

Children hurt when seat backs fall off, strollers, toy dinosaurs also recalled

hklemick@hotmail.com (News Author)6721 — Thu, 18 Dec 2008 08:00:00 EST

At this time of year our families and especially our children can fall victim to faulty and defective products and toys. It has just been announced that Majestic High Chairs, Phil and Teds Dash Buggy Strollers and the Dinosaur Epock toy dinosaurs have been recalled because they were defective.

Our law firm has been representing children and families who were seriously hurt and even killed by broken, faulty and defective car seats, toys, high chairs and other everyday products. If you believe you or a family member have been seriously hurt please email or call us.

Children hurt when seat backs fall off

hklemick@hotmail.com (News Author)6720 — Thu, 18 Dec 2008 08:00:00 EST

Kids learn safety at Miami Lakes Bike Rodeo

hklemick@hotmail.com (News Author)6718 — Thu, 18 Dec 2008 08:00:00 EST

Children waited patiently in line to poke and prod a squishy gray brain made of gelatin. For them, it was play, but safety experts say the soft mass can suffer severe damage if left unprotected on a bike or in a traffic accident.

For more information, follow the link below.

Hit-run catches up with a suspect

hklemick@hotmail.com (News Author)6717 — Wed, 17 Dec 2008 08:00:00 EST

More than two years after Miami Beach police say he blurted out his guilt to a detective who was an old high school pal, Shane Trucchio was charged Tuesday with being the driver in a fatal Miami Beach hit-and-run accident.

Trucchio, 37, was booked Tuesday night into the Miami-Dade County Jail on a charge of leaving the scene of an accident with a death.

For more information, follow the link below.

Five hurt in Miami airport train accident

hklemick@hotmail.com (News Author)6593 — Mon, 08 Dec 2008 08:00:00 EST

MIAMI, Nov. 29 (UPI) -- Five passengers were hospitalized when an automated Miami airport train overshot a stop and slammed into a building, officials said.

One of the injured passengers was in critical condition and three were listed in serious condition at Jackson Memorial Hospital near downtown Miami, The Miami Herald reported Saturday.

For more information, follow the link below.

'Cains coach frees driver from wrecked car

hklemick@hotmail.com (News Author)6591 — Mon, 08 Dec 2008 08:00:00 EST

MIAMI, Dec. 7 (UPI) -- Florida police say University of Miami assistant football coach Stephen Field rescued a motorist after the young man's car drove into a ditch and hit a tree.

The Miami Herald reported Sunday that Field, who coaches the Hurricanes' defensive safeties, used a hammer to smash the windshield of the smoking vehicle, pulled the driver out and carried him to safety with the assistance of another witness.

For more information, follow the link below.

Three weekend biker accidents in south Lee leave two dead

hklemick@hotmail.com (News Author)6494 — Sat, 29 Nov 2008 08:00:00 EST

BONITA SPRINGS — The past weekend was a rough one for the Lee County motorcycle community.

In a span of 24 hours, in three separate wrecks, two bikers from Estero died and a third, from Bonita Springs, was severely injured. All three accidents were single-vehicle wrecks, investigators with the Florida Highway Patrol concluded.

For more information, follow the link below.

80 nursing home residents might be displaced

hklemick@hotmail.com (News Author)6441 — Mon, 24 Nov 2008 08:00:00 EST

Following a round of damning surveys conducted by the Florida Agency for Health Care Administration and the federal Department of Health and Human Services, it looks like the Key West Convalescent Center, home to 80 dependent patients, may be closing.

The findings include allegations of abuse and mismanagement that resulted in Medicare and Medicaid pulling funding for the College Road facility effective Dec. 11.

For more information, follow the link below.

Hollywood police officer killed in crash

hklemick@hotmail.com (News Author)6440 — Mon, 24 Nov 2008 08:00:00 EST

HOLLYWOOD — Hollywood Police Chief Chadwick Wagner says an officer was killed when his patrol car crashed and burst into flames.

For more information, follow the link below.

Davie construction owner Jack Hardy dies in motorcycle accident

hklemick@hotmail.com (News Author)6376 — Tue, 18 Nov 2008 08:00:00 EST

Jack A. Hardy, the longtime owner of a Davie construction business who was once named the town's "Humanitarian of the Year," died Wednesday in a motorcycle accident on Florida's Turnpike.

Mr. Hardy was a beloved fixture in Davie's business community and an avid motorcyclist known for his long trips and philanthropy. He was 70.

For more information, follow the link below.

Miami man killed in U.S. 41 crash had been driving 119 mph

hklemick@hotmail.com (News Author)6375 — Tue, 18 Nov 2008 08:00:00 EST

A 44-year-old Miami man was killed in a Sunday morning crash when he was ejected from his out-of-control vehicle on U.S. 41 just east of Loop Road in the Big Cypress National Preserve, according to a Florida Highway Patrol report.

For more information, follow the link below.

Robbery Suspects Injured After Crashing Getaway Car

hklemick@hotmail.com (News Author)6181 — Fri, 31 Oct 2008 08:00:00 EST

NORTH MIAMI BEACH, Fla. -- A crime spree ended Thursday night when a sedan slammed into another car at Northeast 173rd Street and 19th Avenue, North Miami Beach police said.

According to Miami-Dade police, two men were involved in a strong-arm robbery on West Dixie Highway right before the accident. Police are also investigating the two men for a robbery at a home in North Miami and an assault just down the street from the accident in North Miami Beach.

Florida association releases nursing home preparedness guidelines

hklemick@hotmail.com (News Author)6079 — Wed, 22 Oct 2008 08:00:00 EST

The Florida Health Care Association last week released the Emergency Management Guide for Nursing Homes, a new, comprehensive approach to disaster preparedness for nursing homes.

The new guide includes disaster-specific guidelines to establish an emergency plan and create procedures for staff training and exercises. FHCA has also launched a nursing home emergency preparedness website that highlights these new tools and provides additional resources for nursing homes. That Web site is www.fhca.org/emerprep/index.php.

For more information, follow the link below.

Hulk Hogan's son out of Fla. jail after crash term

hklemick@hotmail.com (News Author)6078 — Wed, 22 Oct 2008 08:00:00 EST

CLEARWATER, Fla. (AP) — The 18-year-old son of Hulk Hogan has been released from jail in Florida after serving five months for causing a serious traffic crash.

Nick Bollea was released from the Pinellas County Jail on Tuesday morning. He had pleaded no contest in May to causing the crash.

For more information, follow the link below.

Miami Jewish Home exec talks economics

hklemick@hotmail.com (News Author)6003 — Tue, 14 Oct 2008 08:00:00 EST

Boasting that it's the largest provider of geriatric healthcare in the Southeast, the Miami Jewish Home and Hospital for the Aged at Douglas Gardens has almost 500 nursing-home beds, a 32-bed geriatric hospital and living facilities for about 200 others on a 20-acre campus nestled in Northeast Miami.

For more information, follow the link below.

U.S. crane industry faces struggle over public image

hklemick@hotmail.com (News Author)5978 — Mon, 13 Oct 2008 08:00:00 EST

The U.S. crane industry needs to step up and take control of its image or risk being legislated into the ground, attendees at a Specialized Carriers and Rigging Association workshop were told recently.

Jim Robertson, managing partner of General Crane USA and a member of the Florida Public Task Force on Workplace Safety told the group that the industry is vulnerable to the politics of knee jerk reactions driven by gory headlines.

For more information, follow the link below.

Fiery crash closes interstate

hklemick@hotmail.com (News Author)5866 — Wed, 01 Oct 2008 08:00:00 EST

A fiery three-vehicle crash on Interstate 95 shut down southbound traffic just south of Fay Boulevard for four hours and sent two drivers to the hospital Wednesday afternoon.

For more information, follow the link below.

Three men die in car accidents in Broward and Miami-Dade counties

hklemick@hotmail.com (News Author)5865 — Wed, 01 Oct 2008 08:00:00 EST

A 24-year-old North Lauderdale man was killed early Saturday morning in a single-vehicle rollover accident on Interstate 95 just south of Broward Boulevard.

Jean R. Alexandre was driving south on I-95 just south of Broward Boulevard at 5:15 a.m. when he veered to the right, then to the left to avoid another vehicle that had changed lanes, said the Florida Highway Patrol.

For more information, follow the link below.

Crash causes two restaurants to close

hklemick@hotmail.com (News Author)5864 — Wed, 01 Oct 2008 08:00:00 EST

Two restaurants in the Keys have closed temporarily while owner Santiago Adames recovers from a head-on collision that has left him unable to speak or walk.

Liliam Guzman, the wife of Adames, shut both the Miami Subs in Marathon and Country Gulls in Tavernier on Monday.

For more information, follow the link below.

Sentencing For Ex-Cop Accused Of Deadly Hit & Run

hklemick@hotmail.com (News Author)5662 — Wed, 10 Sep 2008 08:00:00 EST

A former Miami-Dade police detective was sentenced to eight years in prison Monday for pleading no contest to leaving the scene of a car crash that resulted in the death of a Pompano Beach man.

Michael Alayon pleaded "no contest" in March of leaving the scene of an accident with a death. He faces 30-years in prison for rear-ending his Lexus into a Chevy Blazer driven by 54-year-old Ryland (Rick) Nye on October 10th, 2006. Nye was ejected from his SUV and hit by several passing cars on busy I-595, near Southwest 136th Avenue.

For more information, follow the link below.

Frantic 911 calls made after cyclist crash

hklemick@hotmail.com (News Author)5574 — Thu, 28 Aug 2008 08:00:00 EST

MIAMI, Aug. 26 (UPI) -- At least one witness to a major cyclist crash in Miami said in a frantic 911 call that the accident was the "most horrible thing I've ever seen."

Attorney Raymond Valori's 911 call to authorities following the weekend crash on the MacArthur Causeway reveals the extent of the trauma inflicted when 12 cyclists crashed into an automobile, The Miami Herald said Tuesday.

"People were 10 feet up in the air. It's the most horrible thing I've ever seen. You need to send multiple ambulances now,' Valori said to the 911 dispatcher Sunday.

For more information, follow the link below.

Tropical storm Fay leaves Florida's nursing homes largely unscathed

hklemick@hotmail.com (News Author)5573 — Thu, 28 Aug 2008 08:00:00 EST

In the wake of Tropical Storm Fay, nursing homes throughout Florida have been receiving visits from state inspectors, and it appears that nursing homes have weathered the storm well.

Only two nursing homes so far have reported power outages, according to Florida Health Care Association Director of Communications Kristen Knapp, and crews responded to the situation promptly. Investigators with the state's Medicaid Fraud Control Unit assessed the physical sites and reported any safety issues to the Agency for Health Care Administration and the Department of Children and Families.

For more information, follow the link below.

Florida Construction Worker Hit By Falling Metal Dies

hklemick@hotmail.com (News Author)5572 — Thu, 28 Aug 2008 08:00:00 EST

TAMPA, FL -- A construction worker who was hit in the head by a piece of falling metal has died.

According to Tampa Police, 28 year old Rafael Cararez was working on the Element, a 36 story high rise currently being built on North Franklin Street, yesterday morning when a small piece of metal fell from the 36th floor.

The metal pierced through Cararez's helmet and his head. He was working on the 10th floor when the accident happened, officials said.

For more information, follow the link below.

Accident on I-95 involving semitrailer truck kills 1

hklemick@hotmail.com (News Author)5454 — Wed, 13 Aug 2008 08:00:00 EST

At least one person was killed Tuesday night in an accident involving a car and a semitrailer truck on Interstate 95, the Florida Highway Patrol said.

The accident occurred shortly after 10 p.m. on southbound I-95 south of Glades Road in Boca Raton.

For more information, follow the link below.

Two dead in head-on crash after car jumps median

hklemick@hotmail.com (News Author)5434 — Sun, 10 Aug 2008 08:00:00 EST

HOLLYWOOD - Two people were killed in a five-car crash Saturday morning in Miami-Dade County.

Susy Vasquez, 20, of Florida City, was driving north on the Don Shula Expressway just north of State Road 878 when her car suddenly jumped the median and went into oncoming traffic, said Lt. Pat Santangelo, spokesman for the Florida Highway Patrol. Her car hit a GMC Jimmy head-on and was then struck by another car. Both she and the driver of the Jimmy, Angel Valladares, 47, died in the crash, Santangelo said. One person received minor injuries.

For more information, follow the link below.

Florida Air Controllers File Injury Reports, 5 Sue over Chemical Exposure

hklemick@hotmail.com (News Author)5375 — Thu, 31 Jul 2008 08:00:00 EST

Five Florida air traffic controllers are suing roofing contractors claiming they lost their jobs after being unable to work because of toxic chemical exposure.

The five employees, Barbara Cooper, Shawn Fields, Dan Kersh, Joe Tingler and Tommy Young, claim they were fired when their doctors would not allow them to return to work in the radar room at Jacksonville International Airport's control tower. They claim continued exposure to a toxic chemical used in a roofing project caused continuing medical problems.

For more information, follow the link below.

Winter Haven Man Killed In Accident

hklemick@hotmail.com (News Author)5374 — Thu, 31 Jul 2008 08:00:00 EST

BARTOW | A 46-year-old Winter Haven man was killed as he tried to cross State Road 60 near Bartow early this morning.

Maurice Cameron was killed when he was struck by an automobile driven by David A. Kelly, 53, of Mulberry, according to a report from the Florida Highway Patrol.

For more information, follow the link below.

Barge, Crane sink at Titusville Marina

hklemick@hotmail.com (News Author)5373 — Thu, 31 Jul 2008 08:00:00 EST

An environmental crew is cleaning up more than 100 gallons of diesel fuel that spilled into the water at Titusville Municipal Marina before dawn today after a barge carrying a crane sank.

For more information, follow the link below.

Adult Day Care Centers Could Close Amid Budget Cuts

hklemick@hotmail.com (News Author)5372 — Thu, 31 Jul 2008 08:00:00 EST

Villa Maria Adult Day Health in Northwest Miami-Dade County and St. Anne's in South Miami-Dade, both of which are part of the Archdiocese of Miami, might close forever due to a lack of state funds.

"These two day care centers have been subsidized by St. Anne's nursing home and Villa Maria nursing home," said Mary Ross Agosta of the Archdiocese of Miami. "Those two nursing homes have received a $2.5 million budget cut from the state, and we can no longer subsidize the day care centers."

For more information, follow the link below.

Woman, unborn baby killed in police car crash

hklemick@hotmail.com (News Author)5371 — Thu, 31 Jul 2008 08:00:00 EST

Miami -- A South Florida woman died, and another young woman has lost her unborn child, after being involved in an accident with a Miami Police cruiser, but some family members say they're not convinced by police's account of events.

Miami police said two officers in a patrol car were responding to a call around 9:45 p.m. Sunday when they collided with a Ford Escort at Northwest 8th Street and Third Avenue. Police now say that the cruiser's siren and flashing lights were on at the time of the crash but no one has been charged.

For more information, follow the link below.

Crane Topples Over At Construction Site

hklemick@hotmail.com (News Author)5149 — Thu, 26 Jun 2008 08:00:00 EST

A crane about 100-feet in height collapsed on its side at a construction site behind the Galleria mall Tuesday afternoon in Fort Lauderdale at 900 NE 26th. A driver was pulled from the cab with serious injuries, and the accident itself is being investigated.

Matt Little of Fort Lauderdale Fire Rescue said that the victim was transported to nearby Broward General Medical Center .

Long-term care costs higher in Florida

hklemick@hotmail.com (News Author)5118 — Tue, 24 Jun 2008 08:00:00 EST

The cost of long-term care for the elderly is as much as 11 percent higher in Florida than the national average, according to a new report from Genworth Financial.

The cost of long-term care over the past five years increased as much as 28 percent in parts of Florida compared to 17 percent nationwide, according to Genworth's 2008 cost of care survey.

For more information, follow the link below.

Patients signing away right to sue nursing homes

hklemick@hotmail.com (News Author)5114 — Mon, 23 Jun 2008 08:00:00 EST

WASHINGTON -- Patients hoping to get into nursing homes increasingly are signing away their rights to sue over poor care.

That's a problem, a number of lawmakers say, and they're pushing legislation to make such agreements unenforceable.

For more information, follow the link below.

Rescue crews amputate man's leg on highway

hklemick@hotmail.com (News Author)5113 — Mon, 23 Jun 2008 08:00:00 EST

MIAMI (AP) Rescue crews amputated a man's leg on a Miami highway after he was crushed between two vehicles.

According to Florida Highway Patrol, the man was checking the damage to his car Friday after being hit from behind by a sport utility vehicle in the center lane of SR-836. Another car then crashed into the SUV, pinning the man.

For more information, follow the link below.

Man killed in crash was Miamian, 80

hklemick@hotmail.com (News Author)5112 — Mon, 23 Jun 2008 08:00:00 EST

A seven-car crash on West Flagler Street killed an 80-year-old man on Sunday afternoon, according to Miami-Dade Fire and Rescue.

Francisco A. Huetas of Miami was driving west in the center lane of West Flagler when he struck four vehicles stopped at the light at Southwest 79th Avenue, said Lt. Pat Santangelo, spokesman with the Florida Highway Patrol.

For more information, follow the link below.

Crane accident in Miami injures 1 worker

hklemick@hotmail.com (News Author)5111 — Mon, 23 Jun 2008 08:00:00 EST

MIAMI (AP) — The arm of a mobile construction crane came loose Monday in Miami, injuring at least one worker and leading to the partial evacuation of a nearby hotel as a precaution.

The accident happened shortly before 3 p.m., with the arm swinging into the machine's vertical base, Miami Fire Rescue spokesman Ignatius Carroll said. The crane did not collapse or fall, but a worker who was midway up the 212-foot machine was hospitalized with severe injuries to his right arm.

For more information, follow the link below.

Former S.C. Nursing Home Resident Dies of Malnutrition

hklemick@hotmail.com (News Author)4695 — Mon, 28 Apr 2008 08:00:00 EST

Prosperity, S.C. police have arrested nursing home owner Roy Bowers and charged him with neglect of a vulnerable adult resulting in death." His health care administration license was suspended by the state.

The arrest came days after William Sealy, a 1-year resident of Southside Residential Care Facility ,was taken to Newberry County Memorial Hospital after suffering from malnutrition, dehydration, pressure sores, bed-bug infestation and black, swollen toes. After examining Sealy, hospital medical personnel contacted police.

Sealy was put on a ventilator at the hospital. Three weeks later, he died of pneumonia and severe infection. It was reported he had suffered from schizophrenia.

Prosperity, S.C. Police Chief Craig Nelson told WLTX-TV, the CBS affiliate in Columbia it was, "one of the toughest cases I've been involved in. It was definitely the most heartbreaking." At the hospital, Nelson watched nurses treat Sealy. "After pulling off his socks that he had had on his feet for sometime, it pulled off portions of his skin. His feet were also covered in bed bugs," the chief said.

When brought to the hospital ER, Sealy weighed 94 pounds, 70 pounds below the average weight for a man his age, medical officials said. Sealy's ears were packed with fluid and one of his toes had blackened. Attending personnel at the hospital said Sealy had not been bathed in over one week

The state Department of Health and Environmental Control reported Southside's most recent inspection was in January 2007, when officials found documentation errors. DHEC said Southside's staff members were meeting training requirements and resident care plans were properly updated.

Virginia Nursing Home Could Face Charges in Death of Resident

hklemick@hotmail.com (News Author)4635 — Sat, 12 Apr 2008 08:00:00 EST

What a difference a day makes.

That's the irony the Wiggins family of Williamsburg, Va. is dealing with after the death of its' 84-year-old mother.

Lorina Wiggins, 84 had been a resident of the Ruxton Health nursing facility before being transported to Sentara Williamsburg Regional Medical Center, after nursing home staff reported she had numerous Stage IV pressure sores. Upon arrival at the hospital, doctors there said the sores were untreatable. Wiggins died a week later, according to the Virginia Gazette in Williamsburg. The sores on Wiggins' legs ranged in size from 2-by-1 inches to 7-by-3 inches.

One son, Mike, said Ruxton had telephoned him a week before the transfer saying his mother was in good condition. Then the very next day, Ruxton staff called back to ask his permission to amputate his mother's leg. Another son, Bob, visited his mother at Ruxton and asked staff to transport his mother immediately to the hospital. However, Ruxton staff said his mother's case was a non-emergency matter, said the Gazette.

Williamsburg Police requested the medical records of Wiggins. Manuals and standard operating procedures for the care of bedsores and open wounds have also been requested by police. Meantime, Williamsburg-James City County Commonwealth Attorney Nate Green said "We have been concerned about a number of patients where issues have been raised," Green said, relating to the Ruxton home. "We are investigating both the care provided and illegalities there."

Green went on to say the nursing home, not any one individual would face possible charges." At this time we don't believe that one person is responsible. We are looking into whether the entire facility acted criminally," the Gazette confirmed.

The Department of Health & Human Services Administration on Aging defines elder abuse as, "any knowing, intentional or negligent act by a caregiver that causes harm or serious risk of harm to a vulnerable adult," the Gazette reported.

Teen Construction Worker Killed During Staircase Demolition

hklemick@hotmail.com (News Author)4597 — Mon, 07 Apr 2008 08:00:00 EST

A 19-year-old construction worker at the Emerald Forest Apartments was killed April 7 while he was attempting to remove a staircase from a deck.

The Occupational Safety and Health Administration is investigating. Fire department officials said Lopez was from Honduras and had been working in the United States for one year. He was supporting a family in Central America.

Authorities said the apartment complex in Mableton is undergoing a remodeling. Workers were tearing down the stairwells when the weight of one section came loose and crushed Lopez to death. Officials said Lopez died of severe head trauma, according to WSB-TV in Atlanta.

"They're doing construction on all these back porches and staircases," said Denell Boyd with the Cobb County Fire Department. "They're old metal stairs, and they're remodeling and adding wood steps. Lopez was checking the stability of one when it fell down and hit him in the head."

At the scene, most of the black iron staircases remained attached to the facing of the building while one lay crumpled on the ground. Bystanders, many of them Hispanic, wiped away tears as firefighters taped off the debris-strewn accident scene.

Miami Crane Accident Kills Two Workers

hklemick@hotmail.com (News Author)4548 — Mon, 31 Mar 2008 08:00:00 EST

Ten days after a similar accident killed seven in New York City, another construction crane fell – this one at a Miami condominium project -- killing two and injuring five on Biscayne Bay, ABC News reported.

This crane fell 30 floors, damaging parts of the condo and a nearby Spanish-tiled roof building the construction contractor used for storage. One construction worker died in the supply house and another died later at the hospital.

Pipe fitter David Martinez was eating lunch on the construction site when the crane started to fall. "It was like a small earthquake," he said. "We looked outside, and we couldn't even see. It took several minutes for the dust to clear."

Mary Costello of Bovis Lend Lease Holdings Inc. -- management firm of the construction project -- said a subcontractor was raising the crane when a section came loose and fell.

"Our hearts are heavy at this moment for the two deceased individuals, including one of our own employees and the additional injured workers," she said in a statement.

The U.S. Occupational Safety and Health Administration is investigating. Darlene Fossum, an area director for OSHA, said Bovis Lend Lease was a company with an excellent record in safety precaution. OSHA issued five violations against subcontractor Morrow Equipment Co. nine years ago involving problems with digging but not crane operation.

Currently, Florida does not license or regulate construction crane operators but there is legislation in both houses of the state legislature that would change the law. After a fatal crane accident two years ago in Miami, state government officials worked with building industry representatives to draft stricter safety measures for construction crane operators. Those measures go into effect this week.

Students with Longer Bus Rides Face Higher Accident Potential

hklemick@hotmail.com (News Author)4480 — Wed, 19 Mar 2008 08:00:00 EST

The Naples (Fla.) News decided to examine why the Florida Department of Education (FDE) found the Lee school district had the second-highest number of accidents involving a bus – 109 -- of any school district in the state. Orange County led the way with 118 bus accidents during the 2006-07 school year.

The answer may be a simple one.

In the Lee school district, there is a school choice program, one of only three in the state. It allows students who live outside geographic school boundaries to attend classes in Lee district. Thus, many of Lee's students spend more time on buses than students in other Florida school districts.

In Lee, 700 school buses travel 75,000 miles a day or 13.5 million miles annually, the Naples News reported. School buses in Broward County -- which has three times the students than Lee -- travel a similar number of miles.

This arrangement makes Lee's per-student transportation cost one of the most expensive in the state, said the FDE. Lee spends $200 more per student than the average Florida school district student, according to the FDE.

Lee School District Communications Director Joe Donzelli said just because his district's buses travel more miles, that doesn't mean the ride is unsafe. "When you look at the overall safety record of buses getting to and from school, yes there may be more incidents, but what kind of incidents are they?" He went on to say that some accidents involve buses clipping mirrors or being rear-ended. Of the 109 accidents listed in the state accident report, the point of impact for 38 was on the rear-end side, according to the FDE.

http://www.naplesnews.com/news/2008/mar/17/lee-ranks-2nd-collier-15th-among-counties-most-bus/

School Choice Program in Florida Leads to More Miles on School Bus, More Accidents

hklemick@hotmail.com (News Author)4460 — Tue, 18 Mar 2008 08:00:00 EST

The answer may be a simple one.

OSHA FInes Construction Firm in Death of Laborer

hklemick@hotmail.com (News Author)4392 — Wed, 05 Mar 2008 08:00:00 EST

A repeated offense for "inadequate fall-prevention equipment" cost the BC Construction company the life of one of its laborers and a fine from the Occupational Safety and Health Administration (OSHA).

OSHA fined the company $22,400 and cited the construction firm for numerous "serious" violations in connection with the death of Benedelso N. Ovalle, 21, who fell 20 feet from a roof in Lynn last summer, according to The Salem News in Massachusetts. BC was renovating a home that was to become a new Baptist church in Salem at the time of the fatal accident.

The News reported the worker fell after hoisting a bundle of shingles to the roof, police said. "It appears he turned around to adjust the ladder and, as he did, he toppled over," a police spokesman said.

After its investigation, OSHA cited BC for a lack of "fall protection" equipment for its roofers, a defective ladder, improper safety harnesses and a lack of training to work on a roof. OSHA found BC workers wearing rock climber's harnesses instead of the standard full-body harnesses, the agency said.

Ovalle was conscious after falling but complained of stomach pain, the News said. He died before a medical helicopter could reach him for hospital transport. Police said Ovalle was not wearing a harness and only three of the five workers on the roof had fall-protection equipment.

In January 2007, BC was cited for inadequate fall-protection equipment in an accident in Peabody, OSHA reported.

Company Recalls 24,000 Baby Cribs

hklemick@hotmail.com (News Author)4380 — Fri, 29 Feb 2008 08:00:00 EST

Safety officials have slept on the issue and now issued a recall of 24,000 baby cribs from Indonesia.

Imported by Munire Furniture Inc., the cribs contain brackets that prohibit its' mattresses from fully being lowered. Officials say this could allow children to crawl over the railing and fall, reported the Associated Press in Washington.

Thus far, no injuries or fatalities have been reported.

Parents should be alerted if they own a Majestic Curved Top, Majestic Flat Top, Essex, Brighton/Sussex or Captiva crib. The cribs were sold between November 2005 and November 2007.

The Consumer Product Safety Commission (CPSC) reported from 2002 to 2004, 241 children under age 5 died in incidents involving nursery products. Forty percent of the deaths involved cribs where soft bedding was the leading contributor, the CPSC said. The federal agency said many children suffocated when lying face down on pillows or bedding.

"Less is more when you're talking about the crib," CPSC spokeswoman Julie Vallese said, She said adult pillows, blankets, stuffed animals and infant quilts should remain outside the crib.

The CPSC instructs parents and those in the day-care profession to place babies on their backs in a crib that meets safety standards. The agency said this would help prevent suffocation and Sudden Infant Death Syndrome (SIDS).

Babies can become trapped while lying on a mattress that does not properly fit the crib structure, the CPSC said. As a rule, parents never should have a gap larger than two fingers anywhere between the sides of the crib and the mattress, the agency advised.

In 2006, the CPSC reported 66,400 emergency injuries linked with nursery products among children under age 5. Infant carriers and car seats, excluding motor vehicle accidents, accounted for 14,200 injuries and cribs and mattresses accounted for 11,300.

Deputy Sheriff "Dumps" Quadriplegic Out of His Wheelchair

hklemick@hotmail.com (News Author)4255 — Wed, 13 Feb 2008 08:00:00 EST

One of the lowest forms of physical abuse has forced four Hillsborough (Fla.) County deputy sheriffs from the jobs without pay.

The Orlando Sentinel reported Brian Sterner was brought to the police station on a traffic violation. A quadriplegic bound to a wheelchair, Sterner was asked by one deputy to "stand up." When he told Deputy Charlette Marshall-Jones he could not, she became agitated and wheeled him a few feet before "dumping" him on the floor, similar to how one would dump the contents of a wheelbarrow. Jones has been with the department since 1986, according to Fox.news.com.

The incident was taped by surveillance cameras, prompting disciplinary action by the Tampa police department.

According to Sterner, Marshall-Jones "was irked that I wasn't complying with what she was told me to do," he told The Tampa Tribune. "It didn't register with her that she was asking me to do something I can't do."

Jones has been suspended without pay, while Sgt. Gary Hinson, Cpl. Steven Dickey, and Cpl. Decondra Williams have been placed on administrative leave according to the sheriff's department. "The actions are indefensible at every level," Chief Deputy Jose Docobo said. "Based on what I saw, anything short of dismissal would be inappropriate."

Sterner was arrested at home Jan. 29 after attempting to elude a police officer, records show. He posted $2,000 bail and was released Feb. 3. A warrant for Sterner's arrest was issued after an Oct. 25 incident in which Tampa police stopped him in Ybor City. Police stopped Sterner, who was driving a vehicle fitted with hand pedals.

"My client was stopped that night and was given a traffic citation, so how could he be fleeing and eluding?" said Sterner's lawyer, John Trevena. "We're very skeptical about the basis for the charge." His client had no prior arrests.

The St. Petersburg Times reported Sterner suffered a spinal cord injury at 18 during a wrestling accident. Sterner said he's never had to prove to someone he is disabled. "I made it clear in plain language that I was a quadriplegic," he said. Sterner said his callused hands are proof he lives his life in a chair. "I push every day," he said.

"I'm not really into lawyers," Sterner said. "But I do believe in responsibility and I'm very glad there were cameras because what she did to me is wrong. There's no debating it - just plain wrong."

SUV Jumps Sidewalk, Strikes Second-Grader at Mass. School

hklemick@hotmail.com (News Author)4224 — Sun, 10 Feb 2008 08:00:00 EST

An 86-year-old man driving to his neighborhood school to vote in the presidential primary lost control of his sport utility vehicle, drove across a lawn and jumped a sidewalk before striking a young schoolchild. It happened at the main entrance to Elizabeth Lyons Elementary School in Randolph, Mass., the Boston Globe reported.

Police identified the victim as second grader Brittany Noel, who was admitted to Boston Medical Center with "serious" injuries, according to hospital officials. "We heard she's that in the pediatric intensive care unit and in stable condition," said Randolph School Superintendent Richard Silverman. "It was an unfortunate accident."

Lyons School Principal Leo Flanagan said students witnessed the entire event while others had to run from the oncoming vehicle. "Counselors from the district have come here to help the kids process it," he said.

William Geisler, the driver, was taken to Milton Hospital and soon released. His wife, Ruth, who was not in the vehicle at the time of the crash, was reached at home by the Globe. "He's not up for talking to anyone right now," she said. "We've called our insurance."

Ten counselors talked to Lyons Elementary students about the incident at their school. Ann Holleran said children had many questions. "Children who witnessed it were upset," she said. "They asked us questions like, 'Why do accidents happen?' We told them, 'Sometimes accidents just happen.'"

Stacey Kelsey arrived at the Lyons School at 12:45 p.m. to pick up her cousin's son. She told the Globe that parents know not to drive in the round driveway directly in front of the school (where the accident occurred). "When I heard that, it all fit," she said, after learning details of the crash. "It's devastating. It's sad all around."

Seven-Year-Old Boy Found Hanging on School Rest Room Hook Dies

hklemick@hotmail.com (News Author)4162 — Fri, 01 Feb 2008 08:00:00 EST

It was a sight one Austin, Texas schoolteacher will never forget.

Searching for a 7-year-old boy who had excused himself from a school assembly to use the rest room, the teacher discovered the boy hanging on a hook and unconscious, with his pants pulled down but underwear on. Listed in critical condition when he arrived at the hospital, the boy died the next day, the Associated Press reported.

KXAN-TV, the NBC affiliate in Austin, said the boy may have suffered a heart attack. Police said the boy was in cardiac arrest from a lack of oxygen when paramedics arrived at Magnolia McCullough Elementary School.

The APD ruled out sexual assault or bullying. Police said the boy wore loose pants which may have fallen down on their own.

"We have concerns," said Jeff Hampton with the APD Child Abuse Unit, "not just as far as the criminal investigation, but also concerns with how the school operates, which is not under our domain to dictate what should or should not be done, but the schools should be a safe environment for our children," KXAN reported.

The hooks on the wall in the boys' gym locker room bathroom were "low" enough where the boy's shirt collar could have gotten stuck, police said.

There was no surveillance camera in the rest room where the boy was found. Police are interviewing students and staff members at the charter school, which offers pre-kindergarten through third grade.

Thus far, there is no evidence the boy was bullied at school, but it's possible he was attacked, Spangler said. Even if police find another student responsible, Texas criminal law doesn't apply to children under 10 years of age, said LaRu Woody, Travis County assistant prosecutor.

Maryland County Pushing for School Traffic Cameras

hklemick@hotmail.com (News Author)4034 — Thu, 10 Jan 2008 08:00:00 EST

Prince George's County officials aren't waiting for Maryland state administrators to make up their minds.

Although Del. Barbara A, Frush (D-Dist 21) of Beltsville said a state bill for installing speed cameras on school grounds is likely to pass during this year's state General Assembly session, the county has a back-up plan.

If the bill fails, Del. Justin D. Ross (D-Dist. 22) of Greenbelt and Sen. Paul G. Pinsky (D-Dist. 22) of University Park are sponsoring a bill to have cameras installed within a half-mile of schools in the county. Motorists traveling 10 mph or more over the speed limit would be fined $40, according to the gazette.net.

Main Road Targeted

Heavily-trafficked Allentown Road is the epicenter of concern. Tayac Elementary, Isaac J. Gourdine Middle and Friendly High schools — with a combined total of more than 2,600 students — are located within a 2-mile radius of Allentown Road in Fort Washington. More than 60,000 motorists use Allentown Road every day and 14 people have died on that road since 2000, said the Prince George's County Police Department.

Four year ago, Taura Lloyd and her 8-year-old daughter were hit as they crossed Allentown Road in front of Gourdine. The woman died at the scene after she was hit by one car and hit again by a second car traveling in the opposite direction, according to police. Her 8-year-old daughter, a Tayac student, suffered a broken arm and broken leg.

Del. Jay Walker (D-Dist. 26) of Fort Washington said the area along Allentown Road is dangerous. ''You have a road where in a less-than-2-mile radius, thousands of children are threatened by speeding motorists," he said. "You've got to have those cameras installed."

Tia Stephens, president of Gourdine's parent, teacher, student association, supports speed cameras. ''I'm concerned about speeding," she said. ''Especially with the winter months and icy conditions, we are more concerned than ever."

Fog, Smoke Envelop Interstate, Killing Four Motorists

hklemick@hotmail.com (News Author)4033 — Thu, 10 Jan 2008 08:00:00 EST

Was it fog or smoke from a fire?

That's what fire department officials want to know as they investigate the wreckage from a 70-vehicle pileup which killed four motorists and injured 38 others January 9 in Polk City, near Tampa. The nearby fire began as a controlled burn, but burned out of control and scorched 400 acres near the interstate, according to the Miami Herald. Visibility was reduced to zero, the Tampa Tribune said.

Highway department officials closed 14 miles of I-4 to clean up debris. I-4 is the main artery connecting Tampa and Orlando. The Tribune calls it one of the "commuter lifelines" in the Bay Area. Fires from burning trucks in the accident blackened the highway asphalt. A day later, encroaching fog continued to hamper clean-up efforts. Twenty tractor-trailers and at least one tanker were involved in the crash. Six of the semis were destroyed and the tanker was set ablaze, the Tribune reported.

"Please don't even try to come here,' Polk County Sheriff Grady Judd told CNN.

Families of the deceased met with medical examiner to identify the dead, Florida Highway Patrol Trooper Larry Coggins said. In addition to the fatalities, five motorists were seriously injured. Their conditions were unknown Jan. 10.

Motorists Had No Time to React

Robert Ellison was driving on I-4 when he barely avoided a collision. "Everything came to a halt," he said. "You couldn't see your hand in front of your face."

The Tribune interviewed Polk City resident Dick White, who heard crashing sounds. "We woke up to the sound of muffled explosions," he said. "It sounded like bombs going off. You didn't hear tires squealing, just 'boom, boom, boom,'" he said. "Apparently, drivers didn't see each other or have time to hit the brakes."

The Florida Department of Agriculture is investigating the brush fire, the Tribune reported.

Tractor Trailer Starts Chain-Reaction Crash; Three Killed

hklemick@hotmail.com (News Author)4004 — Thu, 03 Jan 2008 08:00:00 EST

A semi that failed to slow its speed in a construction zone on a rural divided highway in western Illinois rammed two vehicles and killed at least three people days before the year ended, according to the Minneapolis Star-Tribune.

Illinois State Police said a tractor trailer carrying potatoes kept its speed when it merged from two lanes into one as it approached the construction zone. The semi rear-ended one car, sending it into the median. The semi then plowed into a car, which hit a fourth vehicle that burst into flames. The semi also caught fire and spilled 45,000 pounds of the crop it was hauling. Three other vehicles, including a second semi, were involved in the chain-reaction crash. Seven vehicles were involved in the accident.

Dead in the pile-up on Route 39 in La Salle County were Donald and Faye Rautio of Minnesota, who were traveling to their winter home in Florida, according to their son, Eric Rautio, 38. The couple's dog survived the crash, Star-Tribune.

State police still have not charged the driver of the truck

Couple Awaiting its Golden Years Now Laid to Rest

Eric Rautio said his parents were "young and healthy and had one grandson." His father played in softball leagues near their retirement home in the Villages, Fla., and his mother was involved with the League of Women Voters.

Donald had been a principal at Adams and Morris Bye elementary schools in the Anoka-Hennepin School District in Minnesota. Faye helped establish an early childhood education programs in the Robbinsdale School District.

The son said a memorial service is being planned at Hennepin Avenue United Methodist Church after New Year's, and another service likely will be held in Florida.

Ex-Consumer Product Chief Says "Awareness" is Driving Recalls

hklemick@hotmail.com (News Author)3916 — Wed, 19 Dec 2007 08:00:00 EST

An expert in product safety and liability says "plain old" consumer awareness may be driving the latest surge in product recalls.

Michael Brown, former executive director of the Consumer Product Safety Commission (CPSC), said heightened consumer concerns about product safety are due to increased consumer awareness, rather than a greater number of unsafe products, according to insurancenewsnet.com.

Ex-"Consumer Product" Chief Says Products Today are Safer

"We generally have safer consumer products now than we did 20 years ago," said Brown, now an executive with Brown & Gidding, PC. "Thanks to the Internet and other forms of communications, we have greater awareness among consumers with safety violations."

But Brown is wary of product and manufacturing globalization. He said outsourcing limits government's and manufacturers' control over quality control. "The CPSC is woefully depleted, and needs additional staff and training to address these concerns," said Brown. "At the same time, many of the large multinational companies involved in high-profile product recalls had safety standards and policies in place, but assumed their suppliers and contract manufacturers halfway around the globe had the same understanding to adhere to those standards."

Insurancenewsnet.com reported Thomson, West, a legal information services provider, found product liability lawsuits filed in federal courts have doubled in the last five years. A record was reached in 2006 with 28,274 cases filed in federal courts. Pharmaceutical companies accounted for half (47%) of those suits since 2002, followed by industrial manufacturing (14.5%), health care (5%), chemicals (5%), construction (4%) and retail (4%).

In a survey of 1,000 Americans, Thomson West found: - 61 percent of Americans are worried about product safety - 55 percent of Americans are more worried today than they were a year ago - 73 percent of Americans have owned a recalled product: automobiles (42%), food (27%), toys (15%), home appliances (9%), infant products (9%) and medicine (7%). - What consumer did with the recalled product they owned: returned it (65%), discarded it (35%), kept it but stopped using it (5%) and continued using it (8%).

Tumbling Adults Fall Onto and Kill Boy at Inflatable Playground

hklemick@hotmail.com (News Author)3909 — Mon, 17 Dec 2007 08:00:00 EST

A three-year old boy playing in a 6,000-square-foot inflatable playground during a birthday party was killed with two adults playing "King of the Hill" fell onto the boy's head and caused severe head trauma.

Jacob Pierce of Longview, Wash. was jumping on the inflatable toy at Hoppin' Houses in Castle Rock, Wash., when the accident occurred. Witnesses said Pierce was hit in the head by an adult's elbow, knee or shoulder.

Paramedics found Jacob bleeding from the nose and mouth. The boy suffered traumatic head injuries and was pronounced dead at St. John's Medical Center in Longview. The Cowlitz County coroner informed the family the boy died at the scene and did not suffer when an elbow or knee crushed his skull.

"The men shouldn't have been in there," Rebecca Pierce, the boy's mother, said. "You need to have more supervision there than just an 18-year-old sitting at the counter," reported KOMORadio.com in Seattle.

However, the mother is the one with the guilt. "I'm in charge of that child," she said. "I was supposed to watch that child."

A cousin of the boy visited Hoppin' Houses later that day and discovered the restaurant was open for business and hosting another birthday party. According to the Pierce family, patrons had covered her son's blood with a mat before hosting the next party. The family who held that party claimed they were not told of the fatal accident.

NWCN.com reported Pierce signed a waiver liability release before the party., which is standard business practice according to he web site. Hoppin' Houses did not have a permit to operate as an amusement facility and has been closed, NWCN.com added.

N.Y. Man's First Day on Job Results in Fatal Fall

hklemick@hotmail.com (News Author)3905 — Sun, 16 Dec 2007 08:00:00 EST

A construction worker and father of four children fell to his death at a Home Depot construction site in Pelham, N.Y., according to lohud.com

Forty-eight-year-old George Leak apparently lost his footing on a beam and fell 25 feet onto a concrete platform. It was the first day on the job for the resident of Jamaica, N.Y., employed by Leading Edge Contracting in Oldwick, N.J.

New York City firefighter administered CPR to Leak, who never regained consciousness and was pronounced dead at Jacobi Medical Center in the Bronx. The Occupational Safety and Health Administration will investigate.

"He died doing what he loved," said Leak's sister, Leatric. Her older brother had been in the construction business 24 years. His children range in age from 23 years to 17 months.

Third Worker Dies at Fontainebleau Construction Site in Las Vegas

hklemick@hotmail.com (News Author)3904 — Sat, 15 Dec 2007 08:00:00 EST

For the third time in four months, there has been a construction accident at the Fontainebleu Hotel and Casino construction site on the Las Vegas strip. In two instances, a construction worker died. A total of three workers have died on the project this year.

In the latest incident, four iron workers fell while working on a retaining wall that gave way. The $2.8 billion Fontainebleau project has been shut down by the Occupational Health and Safety Administration (OSHA). The Nevada Occupational Safety and Health Enforcement (NOSHE) will assist the federal safety agency with the investigation.

The iron workers were wearing harnesses but one broke, causing a worker to free fall 30 feet into a 10-foot-deep hole. During the fall, he barely missed exposed iron reinforcement bar. "There was "rebar" everywhere," said Scott Allison of the Clark County Fire Department. "I have no idea how on earth he missed the "rebar." Had he hit it, he would have been impaled."

When fellow workers pulled the victim from the trench, he was unresponsive. CPR was performed on the scene before the victim, described as a 26-year-old man, was taken by paramedics to Sunrise Hospital.

Boy Caught Under Truck Tire in Parade Dies from Injuries

hklemick@hotmail.com (News Author)3853 — Sat, 08 Dec 2007 08:00:00 EST

The Plant City, Fla. Christmas parade ended tragically Dec. 7 when a 9-year-old boy was run over and killed by a pickup truck pulling a float, according to TBO.com., a website covering news in Tampa.

Jordan Hayes had been passing beads and candy out to the crowd along the parade route. When he went back to the moving truck to get more treats, his foot became caught under a truck tire and he was pulled underneath the vehicle. When the crowd yelled at the driver to back up, he did so, running over the boy a second time. The driver, Jerry Bridges, was Hayes' cousin.

Hayes and Bridges were part of The Greater Heights Family Worship Center's float in the parade. Hayes was in Plant City to visit his brother Joshua Miller, said Bridges, his only comment.

"This is a tragedy that defies words," Plant City Police Chief Billy McDaniel said. "This was supposed to be a time of celebration and joy, but it has turned into a terrible tragedy."

Paramedics transported Hayes to South Florida Baptist Hospital in Plant City where he died from his injuries, police said.<./p>

"This is a horrific, freak accident," said Plant City Mayor Rick Lott, who was seen consoling Bridges and other family members at the scene. "This puts a shadow over Christmas." Lott spoke with Hayes' parents -- Jerry and Connie -- who drove to Plant City from Inverness when they heard the news about their son. Lott said the scene at the hospital was too emotional for words. "Everyone's in shock," he said. "It's a tragic, tragic scene.'

This was the first-ever tragedy in the parade's 24-year history.

Man Killed When Rocks Shift at Texas Construction Site

hklemick@hotmail.com (News Author)3849 — Sat, 08 Dec 2007 08:00:00 EST

A 38-year old construction worker was killed when he became trapped between a boulder and retaining wall on the site of a new home in Austin, Texas, reported CBS affiliate KEYE. The station said sometimes boulders are purposefully used to retard landslides.

Investigators say the man, Armando Santoya Cruz was digging a trench when he was crushed to death by several large boulders. Roger Wade with the Travis County Sheriff's Department said investigators "Are trying to figure out how the rocks fell on him, what support was being built and how that all lays out."

Occupational Safety and Health Administration (OSHA) will conduct its own investigation into construction practices at the job site in West Lake Hills. "At this point, we really don't know how those rocks shifted," said Wade.

Two Students Have Hands Torn from Wrists During Tug of War

hklemick@hotmail.com (News Author)3599 — Sat, 20 Oct 2007 08:00:00 EST

Forget dodge ball, bullying or birth-control pills on school grounds. The most serious issue could be "tug of war," commonly played in physical education class.

In Parker, Colorado last week, two high school students nearly had their hands severed when one side suddenly released the rope.

Students were playing the game during a pep rally in the school gymnasium as part of Homecoming week. The school's football game was cancelled.

"The rope was wrapped around his hand and in essence was like a noose," said Dr. Lewis Oster of Hand Surgery Associates in Denver, according to WRC.com, the NBC affiliate in Washington, D.C.

One Student In Sugery 10 Hours

Henry Barrett and Mitch Helfer underwent micro surgery to reattach their hands. The 16-year-old Barrett -- in surgery 10 hours -- remained hospitalized in serious condition the day of the accident.

Barrett's doctor told Denver television station KMGH the 16-year-old wrapped the rope around the palm of his right hand for a better grip. "...a bunch of the kids let go, creating an imbalance in the tugging and it pulled his hand off," said the surgeon.

Bones, Arteries & Muscles Reattached

Dr. Oster repaired the bones in Barrett's hand with titanium plates. Then the surgeon reattached muscles, microscopic veins and arteries. The doctor anticipates his patient will play the flute again "and I anticipate it'll be in the next few months," according to United Press International.

"Based on the condition of the tissue, I'll think he'll have a fully functional hand," Dr. Oster said. The doctor said 40 percent of such injuries (avulsion) are successfully repaired. Barrett's mother shared part of a poem her son composed from his hospital bed: "I may have been injured, but my eyes have been opened. The future has a mind of its own."

Helfer's family declined interview requests at Denver Health Hospital.

J.C. Penney Recalls 70,000 Toys Amid Lead Fear

hklemick@hotmail.com (News Author)3596 — Thu, 18 Oct 2007 08:00:00 EST

J.C. Penney is recalling 70,000 toys made in China, Taiwan and Vietnam after laboratory tests showed lead may be present in the paint on the toys' plastic, reports the Consumer Product Safety Commission (CPSC) in Washington, D.C.

Suspected Toys Sold from August '05 to August '07

Amid the recalled units were Winnie the Pooh play sets and art kits. The Winnie the Pooh set in question is made of 23 pieces including a white or black baby doll with diaper bag, blanket, playpen, highchair, swing, stroller and carrying bags. It was sold in the United States from August 2005 through August 2007. The art set consists of a wooden box with pull-out trays containing 177 different items, including paints and brushes. It was sold September 2005 through August 2007.

Lead is toxic chemical element that, if ingested by young children, can cause nerve damage. Regulations state children's products with greater than 0.06 percent lead that could be accessible to users are subject to recall.

Over 20,000 Chinese-made toys were recalled by other companies, according to the CPSC. Miniature Jeff Gordon NASCAR helmets by Riddell Inc., bendable dinosaur toys by Kipp Brothers and magnetic art kits by Cracker Barrel Old Country Stores were recalled due to lead-contamination.

According to Wikipedia, lead turns gray after exposure to air. A heavy metal, lead accumulates in a human's soft tissues and bone over time. Like mercury, lead is a neurotoxin, meaning the contaminant attacks a body's nerve cells. Lead also can cause brain and blood disorders.

Twelve-Year-Old At School Points Gun At Teachers, Worker

hklemick@hotmail.com (News Author)3487 — Sun, 30 Sep 2007 08:00:00 EST

So much for releasing a minor into the custody of their parents.

Hours after a 12-year-old, unidentified female in Houston was sent home from school after allegedly pointing a gun at teachers, she returned to campus. This time, she pointed a gun at three teachers and a maintenance worker in the Dean Middle School gymnasium. Harris County Police intervened at gunpoint and apprehended the girl.

The Harris County Sheriff's Department said the girl now could be charged as an adult. She faces two counts of assault with a deadly weapon.

School Suspension Didn't Deter Girl With Gun

Earlier that day, Sept. 28, the girl was sent to the principal's office for starting a fight and threatening to kill a teacher and students. The girl wasn't deterred by a school suspension. The sheriff's department was ready to charge her but the district attorney for Harris County declined.

"At that point, charges were refused on the basis of "no imminent threat," said Chief Larry Shiflet with the Harris County Precinct 4 Constable's Office.

No students were injured but plenty frightened during the lockdown. "She just pulls out the gun. Everybody -- they just started screaming, 'Lock down, lock down, lock down,'" a student at the school said.

http://www.nbc4.com/news/14234428/detail.html

Three Consumers of Ground Beef Contract E. Coli Bacteria

hklemick@hotmail.com (News Author)3468 — Sun, 30 Sep 2007 08:00:00 EST

Three beef-eaters in 12 states, including Florida were sickened with the E. coli bacteria, prompting voluntary recall of 21.7 million pounds of frozen hamburger patties from The Topps Meat Co. in Elizabeth, NJ, the Associated Press reported. Earlier in the week, 332,000 pounds of ground beef from the same company was recalled from retail grocery stores. Twenty-two other consumers became ill, though a cause of their sickness hasn't been determined.

Consumers Should Check Ground Beef for USDA Number

The recall includes beef with a "sell by date" or "best used if sold by date" of Sept. 25, 2007 – Sept. 25, 2008. All recalled products contain the USDA establishment number of 9748, located on the back of the package. It was the first-ever recall by Topps in its 67-year history.

The U.S. Department of Agriculture suspended the grinding of raw products at the Topps plant after inspectors there found faulty safety measures it would not detail. "Because the health and safety of our consumers is our top priority, we are taking these expansive measures," said Geoffrey Livermore, vice president of operations for the Topps Co.

The USDA confirmed three people contracted the E. Coli bacteria from Topps products, with 22 other cases under investigation. Besides Florida, cases were located in Connecticut, Indiana, Maine, New Jersey, New York, Ohio and Pennsylvania. Samantha Safranek, 15, of Pembroke Pines, became ill after eating a Topps hamburger on Aug. 17, was hospitalized on Aug. 23, and underwent dialysis before recovering, according to the New York Times.

E. coli causes temporary intestinal illness in adults but is deadly for infants, the elderly and people with deficient immune systems. Symptoms are stomach cramps, bloody diarrhea and sometimes, kidney failure.

http://www.msnbc.msn.com/id/16886017/

Boy Wearing Crocs Shoes Has Toenail Ripped off on Escalator

hklemick@hotmail.com (News Author)3336 — Sat, 01 Sep 2007 08:00:00 EST

The mother said it was the shoes. The shoemaker says it was the escalator. Fault has not been determined but one thing's for sure, four-year-old Rory McDermott had his big toenail ripped off August 31st, when one of his Crocs was sucked into an escalator in Mclean, Virginia.

Mother Said Boy Was Standing Still

It happened at the Galleria Mall at Tysons Corner Shopping Center. Said the mother, Jodi McDermott, "He was standing still. His foot wasn't near this edge. It was the left side of the shoe, so it pulled and twisted the shoe in. It pulled the big toe over and it essentially ripped the toenail off except for one little corner."

Fairfax County EMTs took the boy to a hospital for treatment. The emergency room doctor confirmed the boy's big toenail had been ripped off almost completely.

"When we got to the hospital, they said this is actually a common occurrence with Crocs," the mother said. She went on to says the makers of Crocs should issue a warning about the potential dangers of wearing them on an escalator.

Crocs Gives These Reasons to Buy a Pair

Crocs maintains its shoes are safe. They blame the escalator for the accident. On its website, Crocs Inc. lists "top" reasons to have their product: 1) the are really soft, super comfortable, molds to your feet, 2) they are barely there, weighing only 6 ounces and 3) they are vented so air passes through, keeping feet cool.

The site then gives "added" reasons to own a pair: 4) they have non-marking, slip-resistant soles; 5) they are bacteria and odor resistant, 6) they have ultra-hip Italian styling, 7) they have port holes which allow water and sand to pass through, 8) they can be sterilized in water and bleach, 9) they are easy to maintain, and 10) they have an Orthotic-molded foot bed for ultimate comfort and support.

The company was founded in Boulder, Colorado in 2003. Its customer service department can be reached at 866.306.3179. Online, the company can be accessed at Crocs.com.

http://www.nbc4.com/news/14026136/detail.html?dl=headlineclick

Progressive Insurance Company Invades a Church Support Group

hklemick@hotmail.com (News Author)3264 — Mon, 27 Aug 2007 08:00:00 EST

On August 22nd, 2007 it was reported in the Atlanta Journal-Constitution that Progressive Insurance Company has been sued for an invasion of privacy.One of their insureds made an underinsured motorist claim. Progressive planted two undercover investigators in a support group led by their insured's church. The group discussions were secretly recorded. Not only was the insured's privacy violated but other church members and the minister's privacy was violated. The moral of this story is never trust the insurance companies to do the right thing when you are injured!

Fla. Department of Highway Emergency Contact

hklemick@hotmail.com (News Author)2942 — Fri, 29 Jun 2007 08:00:00 EST

Tell your families, friends, staff and clients about this valuable new state program - the Florida Department of Highway Safety and Motor Vehicles has instituted an emergency contact information system that allows anyone with a valid Florida Driver's License or Florida Identification Card to post emergency contact information online that will then be available to law enforcement personnel, giving them immediate access to the information and potentially saving crucial time if ever it becomes necessary to contact family members or other loved ones in case of an emergency. Individuals can post emergency contact information online at: http://www.hsmv.state.fl.us/. The site allows posting of information for a primary and a secondary emergency contact, and includes fields for each contact's name, address, relationship, and three phone numbers (work, home and cell). As with other personal information related to an individual's driver's license, the information is subject to the Driver Privacy Protection Act. Thanks to AFTL Past President Wayne Hogan for bringing this new program to our attention.

hklemick@hotmail.com (News Author)2941 — Fri, 29 Jun 2007 08:00:00 EST

PRODUCTS LIABILITY United States District Court Denies Class Certification in Multidistrict Vioxx Litigation Jeremy Taylor - Senior Attorney Merck & Company ("Merck") recalled its prescription pain reliever Vioxx from the market on September 30, 2004, when data from a clinical trial indicated a strong correlation between the use of Vioxx and an increased risk of cardiovascular thrombotic events, such as myocardial infarctions and ischemic strokes. Vioxx had been manufactured and sold in the United States by Merck from the date of its approval by the Food and Drug Administration ("FDA") in May 1999, until its withdrawal from the market. It has been estimated that 105 million prescriptions for Vioxx were written during the period of the drug's sale in the United States. Based upon this statistic, it has been concluded that approximately 20 million people took Vioxx in this country. Following Merck's withdrawal of the drug, thousands of individual lawsuits, and numerous class actions, have been filed against Merck in state and federal courts across the nation. In February 2005, the Judicial Panel on Multidistrict Litigation certified the federal Vioxx lawsuits for multidistrict-litigation status and transferred all such cases to the United States District Court for the Eastern District of Louisiana for pretrial proceedings. After consolidation, the Plaintiffs' Steering Committee ("PSC") moved to certify a nationwide class action under Fed. R. Civ. P. 23(b)(3), which permits the certification of an action as a class action if questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The PSC represented two New Jersey residents as class representatives. On November 22, 2006, the district court denied the motion for class certification. See In re Vioxx Products Liability Litigation, 2006 WL 3391432 (E.D. La. Nov. 22, 2006) [http://vioxx.laed.uscourts.gov/Orders/o&r112206.pdf]. The case presents not only an important procedural milestone in the Vioxx litigation, but also an illuminating analysis of the interaction between choice-of-law and class-action jurisprudence. [For a more detailed analysis of the case, send an e-mail request to research@nlrg.com, or call 1-800-727-6574, and request Vioxx Product Liability Update.] --------------------------------------------------------------------------------

Insurers Turned Big Profits in 2006

hklemick@hotmail.com (News Author)2939 — Fri, 29 Jun 2007 08:00:00 EST

A report by the Insurance Information Institute says the property/casualty industry's profits during the first nine months of 2006 increased by 50.1 percent over the same period in 2005, from $29.7 billion to $44.9 billion. See Robert P. Hartwig, CPCU, "2006 - First Nine Months Results," http://www.iii.org/industry/financials/2006firstninemonths. The report also concludes that the insurance industry's profitability during that period, if maintained, would lead insurers to their best financial performance in nearly 20 years.

Florida Legislature Fails Citizens

hklemick@hotmail.com (News Author)2924 — Thu, 28 Jun 2007 08:00:00 EST

The Florida Legislature has failed the citizens of Florida. They have taken away the mandatory NoFault/P.I.P. Automobile Insurance which at least paid $10,000.00 in medical bills and lost wages. They did not replace it with any mandatory insurance. The effect of this will be that after October 1st, 2007 many maybe 50% of the people who have automobile accidents in Florida will not have any place to collect for their property damage, medical bills, lost wages or pain and suffering. This action by the Florida Legislature amounts to gross negligence. They all should be voted out of office! LEGISLATURE Will auto insurance become optional? When the state's controversial no-fault law expires in October, there may also be no requirement for drivers to carry insurance. BY BEATRICE E. GARCIA bgarcia@MiamiHerald.com After Oct. 1, Florida drivers will no longer be required to carry auto insurance. That's the unintended consequence of lawmakers' inaction during the regular legislative session that ended two weeks ago. The state's controversial no-fault law, which requires drivers to buy at least $10,000 in personal injury protection, or PIP, and $25,000 in property damage liability, is set to expire because lawmakers failed to extend it or replace it with another insurance requirement. The Senate passed a bill that would have extended the no-fault law for four years, but it was never taken up in the House of Representatives. The House also didn't consider a bill replacing PIP with a form of mandatory medical payments coverage. That bill surfaced less than two weeks before the session ended. While rumors continue in Tallahassee that legislators could take up the auto insurance issue during the June special session the governor has called to tackle property tax reform, there has been no action as yet to put the no-fault law on that agenda. Calls and e-mails to Gov. Charlie Crist and House Speaker Marco Rubio weren't returned late Thursday. Lawyers and doctors who work with accident victims are shocked at the prospect that lawmakers would let the no-fault law die without any action, especially since required insurance coverage would disappear. 'It will be like practicing in the wild, wild west,' said Dr. Stephen Greenberg, an orthopedic surgeon in Fort Lauderdale. He said about 30 percent to 40 percent of the patients he now sees are accident victims, many of whom pay for his medical services with the PIP insurance required by the no-fault law. DOCTORS RELUCTANT Greenberg said he would be reluctant to be called to emergency room if he's not certain there's any insurance to cover medical bills. Right now, proof a driver has purchased PIP and property damage coverage are required to register a vehicle in Florida. Drivers can be ticketed if they don't have insurance. But in an e-mail sent to an insurance agent, an official with the Florida Department of Highway Safety and Motor Vehicles said once the no-fault law expires there would be ``no mandatory insurance for the purpose of obtaining a vehicle registration.' Steven Fielder, a legislative affairs representative for the Department of Highway Safety and Motor Vehicles, was answering questions posed by Gunars Mansons, who runs American Insurance Agency in Fort Lauderdale. Mansons also heads a non-profit group of agents that work with non-standard auto insurers -- companies that generally provide insurance for drivers with bad credit or faulty driving records. WHAT'S THE IMPACT? Mansons and many others in the auto insurance market right now are trying to figure out the impact on drivers, agents and insurers after no-fault expires. Mansons and others are worried about the consequences in South Florida where there are already a high number of drivers who carry only minimum coverages because that's all they can afford. They fear such drivers won't buy coverage at all if it isn't required. Many also don't have health insurance. LESS EXPENSIVE? With insurers such as State Farm and Allstate, which have lobbied hard to convince lawmakers that PIP is expensive and unneeded coverage, drivers can still buy medical payments coverage after Oct. 1. They contend this coverage would be less expensive than PIP. But attorneys like Cris E. Boyar in Margate believe responsible drivers will end up paying far more for auto insurance as they add more coverage to protect themselves against uninsured drivers. `THE LAW PROVIDES' 'If there's an accident now, the law provides $10,000 in medical expenses and lost wages. You don't need a lawyer to collect that,' said Boyar. ``But without PIP, most accident victims will need lawyers to collect and it would cost [them] 30 percent to 40 percent in contingency fees.' PIP pays for 80 percent of medical bills up to $10,000 per driver and each passenger in a car involved in an accident. Property damage insurance covers damage to another person's home, car, or other property because of an accident. The coverage also provides lost wages and death benefits.

Important News About Auto Insurance

hklemick@hotmail.com (News Author)2922 — Thu, 28 Jun 2007 08:00:00 EST

Our Florida Legislature did not pass any laws regarding Florida's NoFault Automobile insurance (P.I.P.). At the present time the No-Fault law will expire in October of 2007. It appears that as of October of 2007 there will be no requirement to carry any type of automobile insurance after October. That will mean there will be no mandatory liability insurance (pay for pain, suffering, disability, medical bills and wages) and no "No-Fault" (pays 80% of medical bills and 60% of lost wages up to $10,000.00). Based on the past statistics about 35-50% of our vehicles will be uninsured! What does the expiration of the mandatory automobile insurance ment to you? It menas that there is a 50-50 chance that you will be injured in an accident and you will not be able to collect any money for your pain, aggravation and lost money. You will not be able to collect if you suffer fractures, are paralyzed or killed. What should or can you do? The first thing you should do is BUY UNINSURED MOTORIST COVERAGE on your own cars!! This will protect you and your family. The second thing you should do is call, email, and write your state senators and representatives and tell them that you want mandatory LIABILITY AUTOMOBILE INSURANCE with limits of $25,000/$50,000. The Miami Herald had an article in the Sunday, May 27th, 2007 paper which summarized the arguments for and against No Fault insurance. The article follows: Auto insurance requirements are up in the air What kind of car insurance will be mandated when the no-fault law expires in October depends on whom you ask. BY BEATRICE E. GARCIA bgarcia@MiamiHerald.com If lawmakers don't take action before the state's no-fault law expires in October, the courts could well decide how much and what kind of auto insurance coverage Florida drivers will have to buy. Uncertainty reigns, as insurers, regulators and legislative staffers trying to figure out what life on the road without no-fault means are offering very different interpretations. Some, including the state agency that enforces the no-fault law, believe no auto insurance coverage would be required at all. Others, including some insurers, say drivers will still have to buy property damage liability coverage. It's also not clear whether insurers will allow drivers who already have no-fault benefits to keep them as long as their policy remains in force. And, losing the law would eliminate the requirement that insurers immediately report auto policy cancellations to the state. That, in turn, means the Department of Highway Safety and Motor Vehicles will not be able to move quickly to suspend the licenses of drivers who are going bare. As of now, the no-fault law, which requires drivers to purchase $10,000 in personal injury protection -- or, PIP -- and another $10,000 in property damage liability, will be history after Oct. 1. It's the Department of Highway Safety and Motor Vehicles -- which enforces those insurance requirements -- that believes no no-fault means no mandatory insurance coverage. INSURERS' POSITION Insurers such as State Farm Insurance argue differently. In a six-page opinion, State Farm lobbyist Mark Delegal says a 'financial responsibility requirement' contained in a separate state statute applies to all auto owners in Florida. This requirement says that a driver must be able to cover property damage up to $10,000 and up $30,000 per accident in combined property damage and liability. And, Delegal says, a different statute requires owners to show proof of insurance when they register their cars. But the motor vehicles department has said it believes the financial responsibility requirement applies only to those with DUI convictions, judgments stemming from accidents and numerous traffic violations. The agency says there is no requirement the average driver show proof he or she can meet that responsibility. Paul Jess, a lobbyist for the Florida Justice Association, which represents the trial attorneys, said he can see it both ways. He said drivers can meet the financial liability requirement by purchasing liability insurance, by posting a bond or by self-insuring. LEGAL PERSPECTIVE Attorneys say the difference of opinion depends on whether you believe the financial responsibility statute, which refers to the no-fault law, is actually linked with the law so that if no-fault disappears so does the responsibility requirements. 'Clearly, there is a difference of opinion that will probably result in more litigation,' said Cris E. Boyar, an attorney in Margate who handles auto accident cases. The Office of Insurance Regulation said it's continuing to study this issue. In an e-mail to The Miami Herald, the OIR said it would likely require legislative action to mandate insurance coverage. One key provision in the no-fault law that will disappear is the requirement for insurers to report to DHSMV when an auto policy is canceled or payments lapse. Based on this information, the agency will suspend a driver's license until the insurance is reinstated. 'The state will be losing a key enforcement mechanism,' said Brian Deffenbaugh, staff director for the Senate Banking and Insurance Committee. For the time being, there's no word on whether lawmakers will take up auto insurance in the special session. The party line came from Gov. Charlie Crist at a bill signing in Hollywood Thursday: ``They've got to come to consensus. If they can do that, we can maybe get it in there.' So far, there's no consensus.

Road Design Can Be Highly Dangerous

hklemick@hotmail.com (News Author)2921 — Thu, 28 Jun 2007 08:00:00 EST

Most drivers never think about the actual safety of the road on which they drive. Unfortunately, that road and the design of it can be highly dangerous. Our firm has represented two families that suffered severe injuries and death as a result of our unsafe roads. In Hialeah, a mother and wife lost control of her car because of a dropoff between the road and shoulder. She and two of her children died. In Broward county, three brothers were traveling north on I-95 when their Volkswagon left the road and the wheels dug into the soft sandy shoulder, turned over and hit the concrete bridge support. Two of the brother were paralyzed. In two recent cases outside of FLorida a school bus turned over because of guardrails on the shoulder. One child suffered brain damage. In Pennsylvania, a lady lost control of her car because of a drop-off between the road and shoulder, as a result of the accident she was paralyzed. Nobbe v. Macoupin Co. Contracting Inc., Ill. Montgomery Co. 4th Judicial Cir., No. 2005 L 32, Aug. 15, 2006. Nobbe 12, was riding in a school bus when the driver veered onto the shoulder of the road. The bus became entangled in guardrails lying along the shoulder and rolled over. Nobbe suffered a brain injury resulting in lost functional capacity and limited mobility. He requires permanent 24-hour care. Nobbe incurred about $1.21 million in past medical expenses and faces an estimated $27.24 million in future medical costs. His future lost income is estimated at $4.18 milion. Nobbe's parents, on his behalf, sued two contracting companies that left the unerected guardrails lying on the side of the road. Suit alleged defendants violated industry standards and guidelines by negligently leaving the guardrails lying on the shoulder without taking precautionary measures. Plaintiffs claimed the guardrails prevented the bus driver from being able to regain the road after veering onto the shoulder. Defendants argued the bus drive was contributorily negligent for steering the bus onto the shoulder. The parties settled before trial for $2.7 million. Plaintiffs' experts were Robert Eilers, life-care and future management planning, Hinsdale, Ill.; Charles Linke, economics, Champaign, Ill.; and Wesley Grimes, accident reconstruction, Mesa, Ariz. Houghtaling v. Hanson Aggregates Pa. Inc., Pa., Luzerne Co. Com. Pleas, No. 9803-2005, June 21, 2006. Houghtaling, 58, was driving on a rural road when her car's passenger side tires left the road and dropped six inches to the dirt shoulder. Hoghtaling over-steered the car in an attempt to get the tires back on the roadway, and the vehicle re-entered the roadway, yawed, and then struck two trees on the roadside. Houghtaling sustained multiple spinal and rib fractures and now suffers from incomplete quadriplegia. She underwent two spinal surgeries and incurred between $500,000 and $600,000 in past medical expenses. Her future medical costs and life-care plan are estimated at $9.92 million. Houghtaling had run a child-care center but is now able to work there only part-time, volunteer basis. She did not claim lost income. Houghtaling sued the company that contracted with the state to pave and shoulder several roads in the area. Plaintiff alleged defendant failed to timely shoulder the road after repaving it or warn traffic that there was a drop-off of more than four inches along the side of the road. Plaintiff claims defendant's failure to shoulder the road within seven days of its repaving violated state transportation department rules. Defendant acknowledged that the steep drop-off was dangerous to drivers but claimed it did not cause the incident in question. Defendant also contended plaintiff was speeding. The parties reached a mediated settlement before trial for $14.5 million. Plaintiff's experts included Scott K. Epstein, physical medicine and rehabilitation, Honesdale, Pa.; Robert D. Voogt, life-care planning, Virginia Beach, Va.; Walter P. Kilareski, accident reconstruction, State College, Pa.; Cloyce Darnell, engineering, Shalimar, Fla.; and Guy W. Fried, physical medicine, rehabilitation, and spinal cord injury medicine, Philadelphia, Pa. Defendant's expert witnesses were Richard Bonfiglio, physical medicine and rehabilitation, Murraysville, Pa.; Steven C. Batterman, accident reconstruction, Cherry Hill, N.J.; and David L. Crawford, life-care planning, Philadelphia, Pa.

Lawsuits on Rise After National Pet Food Contamination

hklemick@hotmail.com (News Author)2701 — Mon, 21 May 2007 08:00:00 EST

The Florida Veterinary Medical Association (FVMA) is advising pet owners to look out for their pets' loss of appetite, listlessness, vomiting, diarrhea or unusual thirst in the wake of the national pet food recall this spring. The FVMA said if symptoms occur, pet owners should contact their family veterinarian and the Food and Drug Administration (FDA) at 866.337.6272 to report cases.

Sixteen Pets Die From Tainted Food

The FDA, which regulates the pet food industry, said there have been 16 pet deaths related to the wheat gluten recall since mid-March. Wheat gluten is a filler and binder in wet pet foods. The FDA has blocked imports of wheat gluten from the Chinese company implicated in the shipment of the contaminated pet food ingredient.

Menu Foods' President Paul Henderson said his company had received a number of owner complaints that dogs and cats were vomiting and suffering kidney failure after eating Menu Food products. Henderson estimated the 100-brand, pet food recall would cost Menu Foods between $26-34 million. Scienceevidence.com reported the FDA has received 12,000 complaints from pet owners about possible tainted food.

Three Leading Brands Recall Food

Menu Foods is the leading North American private-label/contract manufacturer of wet pet food products sold by supermarket retailers, merchandisers and pet specialty retailers. Formed in 1971, Menu Foods went public in 2002, trading on the Toronto Stock Exchange.

Soon after the Menu Foods recall, Nestle Purina PetCare Co. recalled all sizes and varieties of its Alpo Prime Cuts in Gravy wet dog food with specific date codes. Purina said a limited amount of the food contained wheat gluten from China. Menu Foods and the FDA have not officially identified the company that supplied the contaminated wheat gluten. Menu Foods' recall included Iams and Eukanuba brands. To obtain a complete list of all recent pet food recalls, call 1.866.895.2708 or log on to www.fda.gov.

Lawsuits Pending in Florida

Numerous pet owners around the country have filed suit or are considering legal action against Menu Foods. Some seek class action status. One case pending in Florida is Troiano v. Menu Foods, Inc. No. 07-60428 (S.D. Fla.). Another is in Fort Lauderdale federal court, where an attorney is seeking class-action status in a case involving a Deerfield Beach woman who claimed she lost one cat and had another become ill after eating Iams pet food.

"I would love to find an attorney to take on this company," said Brenda Hitchcock of Tampa. Hitchcock said she has amassed $4,000 in veterinarian bills trying to save her 5-year-old cat, "S.S." Hitchcock said she saved two pouches of recalled food to prove her case, according to lawhawk.blogspot.com

Veterinarians Speak Out

According to the South Florida Sun Sentinel, Fort Lauderdale veterinarian Dr. Brandon Cox is worried about the unknown in the pet food contamination scare.

"There's just not enough information," Dr. Cox said.

Tainted pet food is lethal by targeting the kidneys of animals. After Menu Foods received complaints of pets dying from kidney failure in February, it began testing the food product on 40 to 50 animals, of which 15 percent died. To consider the impact of a 15 percent mortality rate, consider The Humane Society of the United States estimates there are 73 million dogs and 90 million cats in the country. If even a fraction of those ate the gravy-infused products made by Menu Foods, it could result in the deaths of tens or even hundreds of thousands of dogs and cats.

But it still isn't proven that animal renal failure is tied to tainted food.

Dr. Cox advocated wet food for older cats since it is easier to eat and digest. But older animals are more prone to die from kidney failure. "We've done such a great job of caring for our pets that they're living long enough that they often tend to poop out from renal failure," she said. Cox said she hasn't seen a spike in the number of office visits, and most people seem to be taking a wait-and-see approach.

Safety Tips for Buying Pet Food

Dr. Sonja Olson of the Florida Veterinary Specialists & Cancer Treatment Center (FVS) in Tampa offers these tips on safely feeding your pet:

1. Avoid foods with wheat gluten. Many semi-moist and canned foods contain wheat gluten, while most dry foods do not. 2. Note the amount of sodium in the food, especially if a pet has a heart or kidney problem. Measure the percentage of protein vs. carbohydrates. 3. Apply the same principles to pet treats, which are high in sodium. 4. Home cooking is often easier for dogs than cats. Dogs are omnivores, making it easier to adapt to a change in diet. Cats, being 100% carnivorous, are fussy eaters. Read pet food cookbooks. Cats may need vitamins and supplements if eating home-cooked meals. Cats are sensitive to vitamin D deficiency. 5. Prescription diets have tighter guidelines and controls on their ingredients than other pet foods. One prescription diet has voluntarily been recalled, as a precaution, while experts determine if the product's wheat gluten, which contains melamine, is contributing to the problem. 6. All natural foods are not necessarily better than others. 7. Ask your veterinarian, not a retail sales clerk, about the proper pet diet. Doctors know your pet's history. Your doctor also will be attentive to pet food recalls.

Dr. Olsen's associate at FVS, Dr. Neil Shaw, is available for interviews regarding the pet food recall by Menu Foods. Specifically, Dr. Shaw can speak to symptoms pet owners should monitor if they suspect a problem in their pet's diet. Call 727.709.5252 to schedule a consultation.

McClatchy-Tribune News Service (MCT) reported in May veterinary toxicologists reported melamine-tainted wheat gluten, alone, shouldn't be lethally toxic to animals. Cyanuric acid was also found in the tainted food. Tests revealed when this acid combines with melamine, crystals form in cat urine that also form in the urine of pets which became ill or died from tainted pet food.

PETA Summons FDA to Take Action

People for the Ethical Treatment of Animals (PETA) summoned the FDA and pet food manufacturers to extend the March recall to foods that have received complaints, chemically test products and perform necropsies on animals involved. PETA also wants companies prosecuted if the FDA's probe uncovers wrongdoing.

FDA Spokeswoman Julie Zawisza said it is too early to determine what could have affected the food. Zawisza added even if wheat gluten is the source, "It doesn't necessarily mean the wheat gluten, per se is the contaminant. It could be another substance associated with wheat gluten."