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The Most Deadly Vehicle - The 15-Passenger Van

IB Contributor — Sat, 23 Dec 2006 12:56:29 GMT

Why haven't they been recalled?

There is no doubt, the evidence is clear, the fifteen-passenger van is the most dangerous vehicle on our roads. It is the vehicle most likely to be involved in a single-vehicle rollover accident. Rollover accidents are the most deadly type of traffic accident on our highways today.

The fifteen-passenger van is the extra-long van that is commonly used by airport shuttles. It is the type of van that is used extensively by colleges and church groups. Its sale to primary schools and high schools is outlawed. This type van is rented daily by unsuspecting consumers from rental car agencies without adequate warnings regarding their accident propensity.

Why are rental car agencies allowed to rent 15-passenger vans, especially without adequate warnings?

The National Highway Traffic Safety Administration (NHTSA) has issued an updated safety advisory on these vehicles. In fact, the latest advisory marks the 4th time in just 5 years that NHTSA has issued a safety warning regarding these vehicles. On its website, NHTSA says the good news is, "The percent of 15-passenger van occupant fatalities that occur as a result of rollover crashes is down from a high of 81% in 2000 to 52% in 2003."

The good news should be that NHTSA orders them recalled and dumped in the ocean to make reefs off our coasts. At least NHTSA should forbid the rental of these vans to anyone without a commercial drivers license. What could possibly be the reason that NHTSA does not more highly regulate their use or ban them from our highways completely? Political influence?

We successfully sued an auto rental company twice for renting these vans to unsuspecting groups. The first was a group of friends that rented a Dodge B3500, 15-passenger van, intending to travel from Los Angeles to Las Vegas to celebrate a birthday. The other was a church group that rented a Ford E350, 15-passenger van, to travel from the Los Angeles area to the San Francisco Bay area to perform volunteer work. The result was the same. The vans rolled due to their unstable nature, resulting in multiple deaths and serious injuries. We held Ford and Daimler-Chrysler accountable as well.

On its website, NHTSA says:

Still, more needs to be done to alert operators of these vehicles' high center of gravity -- particularly when fully loaded - and their increased chance of rollover. NHTSA is continuing to work to get the word out about this increased rollover risk, as well as what can be done to mitigate it.

Take the damned things off the road. Forbid them to be rented to non-professional drivers. Require warning labels to be plastered all over the interior of the vans advising of the inherent dangers of these 15-passenger vans.

Please do not ride in these death traps. The rollover risk rises dramatically with the number of occupants. With ten or more passengers, these vans are three times more likely to rollover in single vehicle accidents than when lightly loaded. The auto dealers and rental car agencies never tell you that.

If it sounds like I have an attitude about these vans, you are right. I do. I have represented the injured and the families of the deceased. It make me angry that the governmental agency responsible for vehicle safety and standards, chooses to cater to the auto makers and rental agencies at the cost of lives. NHTSA's solution to this problem, non-required, "hangtags" in these 15-passenger death traps that warn of their dangers. At least they could require the information permanently displayed in a prominent place in the interior of the vans.

Originally posted at InjuryBoard by IB Contributor

Teen Ejected in Car Accident Involving Drunk Driver

Chrissie Cole — Fri, 31 Aug 2007 18:57:13 GMT

The driver of a speeding car suspected of driving while under the influence, veered off the road and struck a sign, causing his 17-year-old passenger, not wearing a seatbelt, to be ejected from the backseat , authorities said.

The passenger sustained serious injury in the car accident, according to California Highway patrol.

The accident occurred on Friday, at 2:45 a.m. when the 23-year-old driver of a 1988 Oldsmobile failed to manipulate a curve in the road. The driver lost control of the vehicle and spun onto the shoulder, hitting a curb and striking a sign.

The driver, who was wearing his seatbelt, was arrested on suspicion of felony driving under the influence. He suffered injuries in the crash but to what extent is unknown.

Please visit our section on Car and Motorcyle Accidents for more information.

Originally posted at InjuryBoard by Chrissie Cole

Taco Bell Sued Over Food-borne Illness

IB Contributor — Wed, 14 Feb 2007 17:05:31 GMT

Lawsuits allege E.Coli caused food poisoning and hospitalization.

The mother of a teenager, who fell sick after eating food from a Taco Bell restaurant three months ago, filed a lawsuit Monday in New York, according to an Associated Press news report.

The lawsuit, filed in Manhattan's State Supreme Court, alleges that the E.Coli bacteria in the food sickened 16-year-old James Robinson and caused him to be hospitalized. James' mother Edwina Mooney says she brought home the food from Taco Bell on Nov. 18, 2006. The lawsuit states her son was the only family member to get sick from the food.

Mooney's lawyer says James fell ill about four or five says after eating the food and was hospitalized with severe abdominal pain, dehydration and stomach flu.

According to the article, an official from the Nassau County Department of Health had told Mooney that her son had food poisoning caused by E.Coli. The lawsuit seeks unspecified monetary damages for her son's injuries.

The Hempstead Taco Bell reportedly was one of the restaurants that closed after an E-Coli outbreak caused several cases of food poisoning across many states including New York, New Jersey and Pennsylvania. That Taco Bell has reopened.

Mooney's lawsuit seeks unspecified money damages for her son's injuries.

Robinson's attorney said the Hempstead restaurant was one of the Taco Bells that closed after an E. coli outbreak caused scores of cases of food poisoning in several states, including New Jersey, New York and Pennsylvania. It has reopened since.

Monday's lawsuit is only one of several lawsuits that have already been filed against Taco Bell. Attorneys for an 11-year-old Long Island boy who became sick after eating at a Taco Bell in Riverhead filed a negligence suit against the restaurant chain in early December. A Pennsylvania man who became ill with an E.Coli infection after eating food from a Taco Bell restaurant sued the fast-food chain's owner and a California scallions grower.

While a law student, a got food poisoning from a frozen pizza. From my toes up to the hair on my head, I was in agony. Every muscle in my body was in pain. I hurt in places I didn't know I had. I was miserable. More than miserable. It was unbearable. Nasty substances flowed from every orifice. The acute portion lasted three full days. Recovery took another week. It was great for weight loss.

Food poisoning is not a pleasant experience. Legally, it is usually difficult to prove the source of food poisoning. Most cases of food poisoning are not economically worth pursuing through the litigation in other than small claims court.

Food poisoning cases with large medical expenses, significant lost income, serious on going medical issues, severe injuries or the loss of life need a serious evaluation by an experienced legal team to determine a victim's options. At Bisnar|Chase we field questions from and consult with, food-borne illnesses sufferers on a regular basis.. If you have been a victim of a food-borne illness contact us for a free consultation.

There is also a lot of information available on the Orange County Health Care Agency's Web site, about food-borne illnesses and food poisoning. That site also has an updated list of restaurant closures in Orange County. These restaurants have been closed because of unsanitary conditions.

Originally posted at InjuryBoard by IB Contributor

Man Struck & Killed By Amtrak Train In Hayward

Chrissie Cole — Thu, 19 Feb 2009 13:20:00 GMT

An Amtrak train struck and killed a man on Wednesday in Hayward. Officials are investigating the accident. The man has not yet been identified but but officials confirmed he had been walking along the tracks off Meekland Ave. and Paseo Grande.

For reasons unknown, he did not move out of the path of the train, said Sgt. J.D. Nelson of the Alameda County Sheriff’s Office.

Emergency crews arrive at the accident scene at 3:38 p.m.

It appears the man was waking south on the tracks with his back to the train. He was struck about 75 feet beyond a railroad crossing gate on Paseo Grande.

The California Highway Patrol, also on the scene, reports the man’s shoe was found in the center of the road, 15 feet from his body.

None of the 20 passengers or staff members on the Amtrak Capital Corridor Train were injured.

The accident added to delays throughout Amtrak's system — another train earlier in the day was involved in a separate fatal accident in Richmond. A shuttle bus was used to transport the 20 passengers to its Hayward station, where they were scheduled to board a train traveling southbound, Graham said.

Originally posted at InjuryBoard by Chrissie Cole

Do Not Drink Metromint Flavored Water- It May be Contaminated

Jenny Albano — Sat, 08 Dec 2007 12:59:57 GMT

The California Department of Health announced Wednesday, December 5, that consumers should not drink Metromint Flavored Water because it may be contaminated with Bacillus cereus, which can cause vomiting and diarrhea.

Soma Beverage Co., LLC., in conjunction with the FDA, is recalling all bottles of Metromint flavored water (Peppermint, Spearmint, Orangemint and Lemonmint) with a "Best Before" date before 12/21/2008 and produced at the company's California plant because they may be contaminated with Bacillus cereus. The "Best Before" date is located on the shoulder of the water bottle.

So far there have been no illness reported in California, but there has been one incident in Illinois that is possibly linked to the contaminated product. The water was available in retail stores across the nation and online. The water bottles were distributed in clear plastic 16.9-ounce bottles with a black M marked on the front and the letters "KSA" located in a rectangle on the back of the bottle in the lower right-hand corner.

Illness caused by Bacillus cereus may be either a vomiting or a diarrheal type. The vomiting type is characterized by nausea and vomiting within 30 minutes to six hours after consumption of contaminated foods. Duration of symptoms is generally less than 24 hours. The diarrheal type usually includes onset of abdominal cramps and watery diarrhea six to 15 hours after consumption of contaminated food. Symptoms may last for 24 to 48 hours.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Truck Hauling Rotten Meat Crashes and Overturns

Chrissie Cole — Sun, 15 Jul 2007 17:30:56 GMT

A trucking accident on a California highway turned into one big stinky mess on Monday night. A dump truck transporting several tons of expired meat overturned before bursting into flames, sparking a brush fire.

When the truck and ten-ton load of rotten meat overturned, it caused the trailer to split open and the load was strewn all over the highway.

200 firefighters were on the scene to contain the fire resulting from the accident, which quickly spread, charring over forty acres.

The truck driver was transported to the hospital. No further details are available at this time.

Originally posted at InjuryBoard by Chrissie Cole

New Era Canning Company Recalls Green Beans and Garbanzo Beans

Jenny Albano — Sat, 19 Jan 2008 18:25:07 GMT

New Era Canning Company, in conjunction with the FDA, is recalling all cans of green beans and garbanzo beans in #10 cans because they may be contaminated by Clostridium botulinum bacterium spores. The codes on the recalled products start with "00249," or the letters "GREEN" or "GARB". The recall doesn't include Italian Green Beans.

Clostridium botulinum bacterium spores have the potential for growth that produces a toxin that causes a potentially fatal form of food poisoning - botulism. Symptoms of botulism poisoning in humans can begin from 6 hours to 2 weeks after eating food that contains the toxin. Symptoms may include double vision, blurred vision, drooping eyelids, slurred speech, difficulty swallowing, and muscle weakness that moves progressively down the body, affecting the shoulders first, then descending to the upper arms, lower arms, thighs, and calves. Botulism poisoning also can cause paralysis of the breathing muscles, which can result in death.

The problem with the product was found during an FDA inspection. None of the products tested positive for the toxin and no one has reported any illness. This recall only affects the products in the large #10 cans. The code on the cans are embossed or printed in ink on the metal can ends.

Consumers should avoid all contact with the with the recalled product. Ingesting even the smallest amount of contaminated food can cause serious illness. If consumers handle the food they should was their hands immediately. When throwing the food away, double bag the cans and place in a non-recycle trash receptacle.

To see a list of the recalled product labels visit this website.

For more information on this subject, please refer to our section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Jenny Albano

Street-racing crash in Yorba Linda kills 68-year-old woman

IB Contributor — Mon, 26 Mar 2007 22:17:41 GMT

A 68-year-old Orange County woman was fatally injured in an auto accident Sunday when she attempted to make a left turn from a residential neighborhood, The Orange County Register reported Monday. Police officials suspect that street racing may have caused the crash.

Witnesses told Brea Police officials that two cars were seen speeding side-by-side, southbound down the hillside street of Fairmont Boulevard when one of the cars, a black Chevrolet pickup, collided into the victim's white Buick sedan, the article stated.

The accident occurred at 12:47 p.m., at the corner of Fairmont and Oak Meadow Drive.

Joetta May Martinez of Yorba Linda was transported to a hospital, where she was pronounced dead.

The driver of the pickup, Charles William Marquardt III, also from Yorba Linda, was taken to the hospital for minor injuries. The 17-year-old male driver of the car reported to have been driving next to the pickup was questioned by police. No charges have been filed yet and their names were not released.

Residents who live nearby said they came running out of their homes when they heard a loud collision. One neighbor rushed to the woman's aid and tried to check her pulse, but didn't get one on her neck or hand. Another rushed to check on the driver of the pickup, who was reportedly shaken up and kept inquiring about the lady and whether she was alright. Neighbor Paul Noonan said the driver of the pickup "seemed brokenhearted and just devastated."

Several residents cited a growing problem with cars speeding around their neighborhood and the danger of turning from a residential street onto a downhill street with a blind curve. The speed limit on Fairmont is 40 mph; Oak Meadow is 25 mph.

Residents have asked for a traffic light at that intersection, but it hasn't happened so far

If this were indeed a street-racing incident, Marquardt is looking at prison time. He is also looking at a civil lawsuit for wrongful death. In the right circumstances, if Marquardt was driving someone ele's car, whoever allowed him to drive their car could be liable to the family of the deceased accident victim under a theory of "negligent entrustment".

I curious to see how the Orange County District Attorney's office handles this case. The DA has an opportunity here to send a message that street racing will not be tolerated in Orange County and that violators who cause accidents and injury people will be prosecuted to the fullest extent of the law.

Here is an interesting link to a nonprofit group called Street S.M.A.R.T.S. (Sports Machines Against Racing on the Street), which aims to educate people about the dangers of street-racing. Their Web site is http://www.streetsmartsusa.org/. The Web site has memorials to victims of street-racing as well, which serves as a tragic reminder. I like their motto, which is, "If you must race, remember, TAKE IT TO THE TRACK!"

Originally posted at InjuryBoard by IB Contributor

Maytag Recalls Millions Of Diswashers

IB Contributor — Mon, 05 Feb 2007 19:57:22 GMT

Was the recall voluntary?

Maytag officials last week recalled 2.3 million of its dishwashers after they found out that the faulty appliances caused 135 fires and four injuries, according to an MSNBC news report.

The announcement generated so many calls to the company that it could not handle the volume, according to a spokesman for the U.S. Consumer Product Safety Commission.

The news report said faulty wiring in certain Maytag and Jenn-Air brand dishwashers led to a voluntary recall of the machines Thursday. The affected dishwashers were sold in department and appliances stores between July 1997 and June 2001 and were sold at prices between $370 and $800.

That said, consumers who were told to immediately unplug the machines and call Maytag to arrange for an in-home repair were met with messages to call back later, according to MSNBC. The article quotes Scott, Wolfson, a spokesman for CPSC, the federal agency responsible for protecting the public from defective products that can cause injuries or death.

"We are working very closely with Maytag to address some operational issues that the company is experiencing. It's a positive sign that the company is receiving so many calls because we want consumers to be responsive to the announcement, but just as importantly, we want that remedy to be available to the consumers."

According to the CPSC website, "Consumers are encouraged to visit www.repair.maytag.com to sign up for the free in-home repair or cash back reimbursement towards a new dishwasher."

According to the company's recall announcement, the machine's liquid rinse-aid can leak from the dishwasher's dispenser into internal wiring, which can then short-circuit and ignite. Of the four injuries reported from dishwasher fires, there were three reports of smoke inhalation and one serious hand laceration as the consumer was operating a fire extinguisher to put out a fire.

Thank you Maytag for cooperating with CPSC and making this "voluntary recall". I hope it really was voluntary and not coerced by CPSC. These recalled diswashers were sold from 1997 to 2001 and are being recalled in 2007. I hope the reason for the time delay between them going into service to time of recall was that the dishwasher did not begin to fail until many years of service. The news articles I have read say nothing about when Maytag became aware of the problem. It does appear that Maytag did not take action at least until CPSC became involved.

Are you aware of a defective product? Contact U.S. Consumer Product Safety Commission and report it.

Been injured by a defective product, contact me.

Originally posted at InjuryBoard by IB Contributor

Roof Crush Intrusion - "Deadly By Design" Expose

IB Contributor — Mon, 25 Dec 2006 15:00:20 GMT

In response to my Dec. 23, 2006 "The Most Deadly Vehicle" article, I received an email from Paula Lawlor, a roof crush consultant, who has co-authored, along with Todd Tracy, "Deadly By Design". According to its authors, "Deadly By Design" is "An expose of the weak government standard that has lead to more than three decades of unnecessary fatalities and catastrophic injuries in rollover accidents". "Deadly By Design" goes through the history and statistics of "roof crush intrusion" or what is sometimes called "roof crush failure" or simply "roof crush".

The conclusion that Lawlor and Tracy come to is:

Year after year, for the past 36 years, thousands of people have unnecessarily died and been maimed due to pathetically weak roof structures that crush excessively during a rollover. Rather than engineer roof designs that promote the idea of preserving

the passenger compartment space, the vehicle industry has made a concerted effort to defend itself in litigation with a defense known as the "diving theory" which has proven to be a hoax.

Having been involved in litigating dozens of rollover vehicle accident cases wherein "roof crush" was responsible for multiple deaths and catastrophic injuries, I am in agreement with the conclusion of the Lawlor/Tracy expose. With ten thousand deaths and 16,000 catastrophic injuries each year due to rollover accidents, why hasn't the auto industry built their vehicles more stable, in order to prevent rollovers and built the roofs to hold up in a rollover accident The auto industries' own data indicates that stronger roofs save lives, yet they fight every attempt to legislate stronger roofs.

Is it any wonder that the American auto industry is continuing to lose market share and billions of dollars annually. Their philosophy of fighting higher standards for automobile safety standards is appalling. They will spend more on cosmetic extras, leather seats, navigation and entertainment systems than they will on safer more reliable vehicles. Maybe their philosophy of building questionably safe vehicles, according to today's technology, and then defending lawsuits with junk science and smoke screens is catching up to them. Maybe if they start "doing what is right" rather than worry about the next quarterly report, it would turn them toward long run profitability and respectability.

Everyone of our rollover/roof crush cases has encountered the auto industry's "diving theory" as well as multiple other defenses. So far we have been successful in ninety percent of our rollover/roof crush cases. We continue to accept and aggressively pursue rollover and roof crush cases that have resulted in a death or catastrophic injury. Litigating these cases is our way of coaxing the auto industry to build safer vehicles for us all and holding them accountable for the harm their negligence has caused.

Originally posted at InjuryBoard by IB Contributor