Posted On: December 31, 2009

Worker Dies after Falling in Pit at Denver Airport

On December 19, a contract worker at the Denver airport died after falling into about 20 feet of water at the bottom of a 40-foot-deep pit at the airport’s heating and cooling plant.

According to an article, the man fell in the morning and Denver Police Department divers recovered his body later in the day.

A spokesman for the Denver International Airport said the man was a paint inspector working for an outside company under contract with the airport.

The article stated that airport officials do not know how he fell. The pit’s opening is about 4 feet by 8 feet and the accident is under investigation.

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Posted On: December 30, 2009

Veteran School Bus Driver Killed in 3-Vehicle Collision

A 49-year-old veteran Chester County school bus driver was killed in a three-vehicle collision on Route 322.

According to an article in the Philadelphia Inquirer, the bus driver was traveling east on Route 322 to her job at the Krapf’s bus companies. She had stopped her Dodge Caravan to make a left turn onto Highspire Road when she was struck from behind by a pickup truck.

The impact of the crash propelled the woman’s vehicle into the westbound lane, where it was hit from the side by a Cadillac. The driver was wearing a seat belt. She was pronounced dead at the scene.

The passenger and driver of the Cadillac and the pickup driver were taken to local hospitals for what appeared to be nonlife-threatening injuries.

The woman was an 11-year employee of Krapf’s. She drove Downingtown Bus 79, which served the Villa Maria Lower School in Malvern and SS. Peter and Paul elementary school in Exton. She drove school children of all ages.

Every day throughout the country families are devastated when innocent loved ones are injured or even die as the result of traffic accidents.

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Posted On: December 29, 2009

Jury Awards BP Workers $100 Million in Lawsuit

On December 18, a federal jury Friday awarded more than $100 million to 10 workers who claimed they were injured in 2007 when a toxic substance was released at BP PLC’s Texas City plant.

According to an article by the Associated Press, the jurors in Galveston, TX gave each contract worker $10 million in punitive damages. Nine of the workers were also awarded between $5,000 and $10,000 for pain and suffering and medical expenses, while the 10th got more than $240,000.

BP denied it had harmed any of the workers. They also rejected a proposal to settle for $10,000 for each worker.

The refinery was the site of a 2005 explosion that killed 15 people and injured 170, the worst U.S. industrial accident since 1990.

The refinery has a history of fires, chemical releases, and worker deaths.

The U.S. Chemical Safety and Hazard Investigation Board found that bad management at the plant and cost-cutting moves by BP were factors in the explosion.

In October, the Occupational Safety and Health Administration imposed a record $87 million fine against BP for failing to correct safety hazards after the 2005 blast.

The workers’ lawsuit claimed that in April 2007, more than 100 contract employees at the plant were sent to hospitals after claiming they were exposed to a toxic substance released at the refinery.

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Posted On: December 21, 2009

Motorist and Pedestrian Killed in Cherry Hill Crash

According to an article in The Philadelphia Inquirer, a car that was speeding ran off the road on Route 70 in Cherry Hill and slammed into a utility pole recently, killing the motorist and a man who just happened to be there.

The article reported that witnesses saw a red Pontiac GTO “traveling at a high rate of speed” on the westbound lanes of Route 70 on December 14.

The vehicle ran off the road then hit the pole and struck the pedestrian before the wreckage came to a halt in a driveway.

Both men were pronounced dead shortly after the accident.

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Posted On: December 18, 2009

Cherry Hill Man, Hurt in Westmont Bar Dispute, Dies

According to an article in the Philadelphia Inquirer, the Camden County Prosecutor’s Homicide Unit is investigating the death of a Cherry Hill man who suffered a fatal head injury when he was pushed and fell at a popular tavern in Westmont, NJ.

The 65-year-old man died December 12 three days after he was hurt.

The article reported that a 27-year-old Haddonfield man pushed the man on Wednesday, December 9 at P.J. Whelihan’s on Haddon Avenue. It was not disclosed why the 27-year-old allegedly pushed the other man.

The 65-year-old man’s death was ruled a homicide yesterday and the individual who pushed him faces possible homicide charges.

The decedent was married and had two sons and two grandchildren.

This decedent’s family would be well advised to contact a wrongful death attorney. The 27-year-old man could be held both criminally and civilly responsible for his death.

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Posted On: December 17, 2009

50 Million Blinds Recalled as Strangulation Hazard

On December 15, the Consumer Product Safety Commission (CPSC) and the window covering industry recalled more than 50 million Roman-style shades and roll-up blinds because of the risk children may be strangled by the cords.

According to an article by the Associated Press, the CPSC said five deaths and 16 near-strangulations from Roman shades have been reported since 2006, while three deaths connected to roll-up blinds have been reported since 2001.

Roman shades can become dangerous if a child’s neck gets stuck between the exposed inner cord and the fabric on the backside of the blind, or if the cord gets wrapped around a child’s neck.

Roll-up blinds pose a strangulation threat if the lifting loop slides off the side of the blind and a child's neck becomes entangled on it, or if a child’s neck gets between the lifting loop and the roll-up blind material.

The CPSC urged parents to examine all shades and blinds in the home and make sure they have no accessible cords. Cribs, beds or other furniture should not be placed close to windows because children can climb on the furniture and reach the cords.

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Posted On: December 16, 2009

Sonoma Winery Pays $3M to Settle Teen DUI Case

According to an Associated Press article on Philly.com, a California winery will pay $3 million to settle a lawsuit brought after a teen driver was served beer at a wedding reception there. He later crashed his car, causing brain injury to his friend.

The teen motorist was convicted of drunken driving and served time for the 2006 crash.
The victim’s family sued Paradise Ridge Winery and the owners of a 7-Eleven, where the 19-year-olds reportedly later bought beer.

The injured friend also will get $500,000 from 7-Eleven and $105,000 from the driver. The money covers attorney fees and the injured boy’s care and will buy him a house equipped for the disabled.

The teen driver said that a bartender at the winery served him six to eight beers after he told them he left his identification in the car.

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Posted On: December 14, 2009

Chesco Man Pleads Not Guilty in Fatal Car Crash

A 20-year-old Chester County man plead not-guilty on December 8 to charges that include homicide by vehicle, driving under the influence of drugs, and fleeing an accident.

According to an article in the Philadelphia Inquirer, the charges were from a crash on September 6 that killed a couple from Norristown.

The article said that the young man was found running from the scene and had been driving the wrong way on Route 202 (in Exton) when his 2006 Dodge Dakota collided with the victims’ Suzuki Sidekick.

Toxicology tests indicated that the 20-year-old driver had marijuana in his system to a degree that made him “unfit to safely operate a motor vehicle.”

The families of the victims said they would like him to be accountable and expressed concern that he may have received preferential treatment. The young man has been free on $50,000 bail since his arrest last month.

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Posted On: December 11, 2009

2 Deaths Lead to Hammock Recall

Two infant deaths led to the recall of about 24,000 Amby Baby Motion Beds, hammock-like beds. The beds were marketed to parents of fussy babies with colic or reflux.

According to an Associated Press article that appeared on Philly.com, the Consumer Product Safety Commission (CPSC) said that the side-to-side shifting or tilting of the hammock can cause an infant to roll and become trapped or wedged against the hammock’s fabric or mattress pad, posing a suffocation risk to babies.

Two infants suffocated this past summer. One was a four-month old in Georgia and one a 5-month-old in Oregon.

The beds look similar to a baby swing and are recommended for babies ranging from newborn to 9 months old, but have mesh and fabric sides, resembling a hammock. The bed hangs from a spring and every time the baby moves or stirs in his sleep, the bed gently moves up and down, back and forth, or side to side. The idea is to mimic the motion of a baby in the womb.

The beds have been sold online through Ambybaby.com and other Internet retailers since 2003.

The CPSC urged consumers to immediately stop using the motion beds and find a safe place for baby to sleep.

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Posted On: December 10, 2009

1 Killed, 2 Injured in Texas Refinery Accident

According to an Associated Press article that appeared on Philly.com, one worker was killed and two others were injured on December 4 when a boiler failed at a Valero petroleum refinery in eastern Texas. The refinery employs about 480 people.

The article reported that the two people who were injured in the incident were in good condition.
A Valero Energy Co. spokesman did not confirm whether there had been an explosion or a fire during the failure without further investigation.

The worker who died and one of the injured were Valero employees. The other injured person was a contract worker who was taken to a hospital in Texas City.

After the boiler failed, the plant continued operating and there was no environmental damage.
The workers here as well as the family of the worker who died, would be well advised to contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing. An experienced attorney would also look into a “third party claim.” These are claims that are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

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Posted On: December 9, 2009

Fall from Cowboys Stadium Roof Injures Two Workers

On December 3, two workers doing maintenance on the roof of Cowboys Stadium fell at lest 50 feet before landing on a rain gutter. According to an Associated Press article that appeared on Philly.com, both workers suffered significant injuries.

The workers were working on the top hatch of the retractable roof venue when they fell.

One worker lost consciousness after breaking a leg and suffering injuries to his head and chest. The other suffered a back injury.

They fell down to what is called a “parapet” (large rain gutter), which likely caused their injuries.
Because temperatures were near freezing at the time, it may have been slick on the roof.

The injured workers were iron workers from Birdair, Inc., who are roofing subcontractors for the stadium.

The article stated that there have been previous accidents at the site, including the death of an electrician who came in contact with a high voltage line.

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Posted On: December 7, 2009

Illinois High School Football Player's Injuries Draw Lawsuit

The mother of an Illinois high school football player is suing his football coach and the district. According to an article in USA Today, she claims her son sustained permanent, stroke-causing brain injuries during a game after the linebacker’s complaints of a headache and signs of a concussion went ignored.

The mother has accused the high school coach of recklessly endangering his players by such tactics as contact drills without proper protection.

The lawsuit claims that the coach taunted his players for not playing or complaining of symptoms consistent with concussion.

The mother also claims that the coach created an atmosphere in which injuries were not reported or were underreported.

The suit seeks compensation for at least more than $200,000 the injured player has incurred, as well as at least $50,000 for each of the petition’s four counts.

According to the lawsuit, the football player sustained a broken collarbone in July 2008 when the coach ordered him to tackle a teammate while neither wore protective gear. The other player suffered a broken neck.

Three months after the July injury, during a game the player complained of a headache and showed symptoms of a concussion. He was told by the coach to continue playing. The boy collapsed later in the game on the sidelines after a blood vessel in his brain apparently burst. It caused the 5-foot-11, 190-pound linebacker to have several small strokes and seizures, according to the lawsuit.

The injured football player had to receive Speech and Occupational Therapy and began home-schooling after his injuries.

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Posted On: December 4, 2009

Workers Injured in Explosion at Virginia School

The Philadelphia Inquirer reported that eight workers were injured in an explosion at a middle school in southeastern Virginia on November 29.

According to the article, the workers suffered varying injuries in the blast at Crittenden Middle School.

The workers were employees of T.R. Driscoll Inc. of Lumberton, N.C., a contracting company that had been doing repair work at the school for about five weeks.

Workers were using propane to heat the tar, but the cause of the blast was not determined.
Five workers were taken to nearby trauma centers, and three to emergency rooms.

The explosion sparked a fire and caused a large wall to collapse in the school’s shop area.
The workers here would be well advised to contact an experienced worker’s compensation attorney who can carefully examine the incident to identify any negligence or wrongdoing. An experienced attorney would also look into a “third party claim.” These are claims that are filed against parties that are not the worker’s employer. It could be a contractor, a sub-contractor, or even the manufacturer of a defective product. If it is determined that one of those parties was responsible for the accident and any injuries, then they could be held liable.

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Posted On: December 3, 2009

Toyota to Replace 4 Million Gas Pedals that Could Jam

Toyota Motor Corp. announced on November 25 that it would replace accelerator pedals on about 4 million recalled vehicles in the United States because the pedals can get stuck in the floor mats.

The Philadelphia Inquirer reported that, temporarily, Toyota will have dealers shorten the length of the gas pedals beginning in January. The company is going to develop replacement pedals for their vehicles. New pedals will be available beginning in April, and some vehicles will have brake override systems installed as a precaution.

The Toyota Camry and the Toyota Prius are among those recalled. Also included is the luxury Lexus ES350, the model in a fatal accident in California that focused public attention on the danger.

Toyota announced the massive recall in late September and told owners to remove the driver’s side floor mats to prevent the gas pedal from potentially becoming jammed. The recall has prompted Toyota’s top executives to push for improved quality controls.

The recall involving the accelerators was Toyota’s largest recall in the U.S. It was prompted by a high-speed crash in August involving a 2009 Lexus ES350 that killed a California Highway Patrol officer and three members of his family. The Lexus hit speeds exceeding 120 mph, struck a sport utility vehicle, launched off an embankment, rolled several times and burst into flames.

A family member in the Lexus made a 911 call moments before the crash and told emergency responders that the accelerator was stuck and the driver couldn’t stop the car.

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Posted On: December 2, 2009

La Salle Pays $7.5M Over Football Brain Injury

The Delaware County Times reported that La Salle university will pay $7.5 million to provide lifetime care to 23-year-old former football player who suffered a severe brain injury in a 2005 game, allegedly after an earlier concussion went untreated.

The football player’s family, of Marlboro, N.J., settled their lawsuit against La Salle University on November 30.

The settlement came as the NFL, the NCAA and other governing bodies review rules about when athletes should return to play following concussions. Research suggests that returning too soon can lead to brain damage.

La Salle did not admit wrongdoing with the settlement, which is covered by its insurance.

The young player was injured when he took a hit while covering a punt in a 2005 game at Duquesne University in Pittsburgh. He was briefly knocked unconscious, then awoke and was combative for three to five minutes before lapsing into a coma.

The article reported that his brain was already contused from a prior concussion. The athlete had emergency surgery in Pittsburgh to relieve brain swelling.

The family claimed that the earlier injury made him more vulnerable to the second, catastrophic blow. La Salle contends the injury stemmed solely from the Duquesne hit.

According to the lawsuit, the young man endured helmet-to-helmet contact in an Oct. 4 practice, and took himself out of the next game in the fourth quarter, complaining of a headache.

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Posted On: December 1, 2009

Crib Design Standards May Become More Strict

On November 24, the head of the Consumer Product Safety Commission (CPSC) promised swift action to get dangerous products off the market. According to an Associated Press article that appeared on Philly.com, the CPSC chairman acknowledged that her agency did not move quickly enough on a record recall of 2.1 million cribs linked to four infant suffocations.

The recall involves drop-side cribs made by Stork Craft Manufacturing of Canada, affecting 1.2 million cribs in the United States and almost one million in Canada. Sales of the affected cribs date back to 1993.

Stork Craft has insisted that its cribs were safe if used properly. Their chief executive claimed the deaths were found to be a result of improper use and that parents should install a free kit from the company that converts the drop-side to an immovable side.

Drop-side cribs have one side that moves up and down to allow parents, especially shorter adults, to lift children from the cribs more easily. The CPSCS said that there have been 110 incidents of the drop-side detaching from the Stork Craft cribs.

More than five million drop-side cribs have been recalled in the last two years — recalls associated with the deaths of a dozen children.

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