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05/12 - National Legal News
A couple from Greene Township in western Pennsylvania obtained a $685,000 settlement recently for injuries sustained by the husband while he was on the job. View Full Article
Mercer County Common Pleas Judge Francis J. Fornelli approved the settlement for Stanley and Rhonda Mariacher on April 29. The settlement allocates $550,000 for pain and suffering, $25,000 for past and future medical expenses, $60,000 for lost wages, and an additional $50,000 to Rhonda Mariacher for the loss of consortium.
Stanley Mariacher suffered a severe spinal cord injury, as well as traumatic psychological and neurological damage, as a result of a fall in January of 2004 at Wheatland Tube Co. While securing the freight that had been loaded onto his trailer by Wheatland Tube employees, Stanley fell and suffered severe injuries. The couple brought the suit against Wheatland Tube Co. because the couple felt the company placed Mr. Mariacher at “unreasonable risk.”
The insurance company representing Wheatland Tube Co., Sentry Select Insurance Co., is seeking to obtain compensation from Stanley Mariacher’s employer’s insurance company for legal fees and reimbursement of the settlement. The counter claim is being brought forth in U.S. District Court, Pittsburgh.
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05/09 - National Legal News
Residents in the town of Azalea recently filed lawsuits against the Raytheon manufacturing corporation for contamination to the town's irrigation wells and groundwater. View Full Article
Officials from Florida’s Department of Environmental Protection visited the neighborhood of Azalea this week to hear residents’ concerns about the groundwater pollution. Last week, an independent engineering firm measured 39 of the town’s 63 irrigation wells for signs of contamination and found that at least six of the wells which were analyzed tested positive for chemicals including vinyl chloride and 1,4 Dioxane. One of the wells tested had 20 parts per billion of 1,4 Dioxane – far greater than the 3.2 parts per billion that the state of Florida allows.
The lawsuits, filed last month by residents of Azalea, argue that the chemicals are known to cause cancer and other ailments, and have negatively affected the retail value of the properties in the neighborhood. The lawsuits ask for restitution from Raytheon to cover medical screenings and continuous monitoring; the clean-up and removal of the chemicals from the groundwater; and compensation for the loss in property value.
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05/08 - National Legal News
Chevron, BP, and other large oil companies have agreed to a $423 million settlement to resolve more than 500 lawsuits filed against them for MTBE contamination. View Full Article
The settlement, filed Wednesday with U.S. District Judge Shira Scheindlin in New York, would seek to resolve lawsuits filed against the companies in 20 states for groundwater contamination by the chemical methyl tertiary butyl ether (MTBE).
Some oil companies however, notably Exxon Mobil Corp., have refused to settle the lawsuits, asserting that no damage has been done and that the use of MTBE, a pollution-reducing oxygenate, was required by the federal Clean Air Act.
The settlement must be reviewed by U.S. District Judge Shira Scheindlin before it can go into effect.
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05/07 - National Legal News
Alleging that the ObTape Vaginal Sling is a defective product that caused them serious injury, more and more women are adding new lawsuits to the growing pile filed against the Mentor Corporation. View Full Article
The Mentor ObTape Vaginal Sling is a surgically implanted device designed to control female stress urinary incontinence. Among other causes, female SUI is linked to vaginal trauma during childbirth. Because it involves the involuntary loss of urine, female SUI may cause emotional distress and social isolation.
The vaginal sling was developed around 100 years ago to replace weakened muscles of the urethra. The design of the Mentor ObTape Vaginal Sling, however, differs from that used in other brands. Unlike other vaginal slings, the Mentor ObTape is not woven and may impede the delivery of vital nutrients and oxygen to the vaginal area. Lawsuits filed against Mentor claim that vaginal erosions, infections, and extrusion and urinary tract erosion occurred as a result of the ObTape Vaginal Sling.
A study published in 2006 by the Continence Center at Virginia Mason Medical Center, in Seattle, Washington, concluded that the Mentor ObTape was associated with a high rate of vaginal erosions. These conclusions led the institution to discontinue using the Mentor product.
Although Mentor removed the ObTape Vaginal Sling from the market in 2006, less than 3 years after it was introduced, the number of women who have been adversely affected is unknown.
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05/05 - National Legal News
The Insurance Institute for Highway Safety has named the 2009 Subaru Forester as the Top Safety Pick for 2008. View Full Article
In order to win this award, a vehicle must provide overall crash protection that is superior to all other cars in its class, as well as be equipped with electronic stability control.
The Forester scored the highest marks for rear, side, and offset frontal-impact protection during crashworthiness testing.
You never know what type of crash you will be involved in, said IIHS President, Adrian Lund. That is why it is important to choose a vehicle the will protect you in many types of crashes, and the Top Safety Pick designation can help you make that choice, he said.
Crashworthiness evaluations are based on various speeds, depending on the area being tested. Frontal evaluations are based on 40 mph, while rear testing is based on a 20 mph impact.
Other Subaru vehicles that received the highest accolades include the 2008 Impreza, Legacy/Outback, and Tribeca.
We commend Subaru for making this elite group of cars with outstanding crashworthiness, Lund said.
Testing by the IIHS is respected throughout the world.
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05/05 - National Legal News
The commandant of the Marine Corps declared his frustration over a recent spike in both motorcycle and auto accidents Friday, and urged leaders to crack down on unsafe drivers and riders. View Full Article
In the past seven months, 14 Marines died in auto accidents, and seven died in motorcycle accidents, an alarming trend that represented a higher loss of life than Marines who died in combat in the same time frame. Since October of last year, 14 Marines were killed in Iraq and Afghanistan.
The number of Marines who died on motorcycles has been high for the past three years. In 2007, 19 Marines died — the highest number of deaths recorded. In 2006, 17 motorcyclists died, four more than in 2005.
CMC, Gen. James T. Conway, expressed his concern over the staggering loss of life. He asked leaders to get tough on vehicle safety laws, especially with motorcyclists. Motorcyclists must report their bikes so that their license, registration, and training can be verified.
May is considered Motorcycle Safety Awareness Month.
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05/05 - National Legal News
Hawaii's Department of Transportation is asking commercial truck drivers to obtain the proper permits before they drive on the road. View Full Article
This comes after multiple trucks hit Oahu’s Gulick overpass within the past few weeks. The H-1 overpass is one of the lowest on the island.
Two weeks ago, the driver of an Island Topsoil Service truck failed to clear the 14-foot-3-inch overpass by six inches, sending small chunks of concrete to the freeway below.
The accident caused an inconvenience to morning traffic as officials moved the truck to the side of the road and photographed the damage.
Two days prior, another truck spilled 300 gallons of paint on the Waipahu off-ramp, which took four hours to clean up.
It’s the responsibility of heavy-load drivers to make sure their loads are properly measured and secured, said DOT spokesman, Scott Ishikawa, adding that failing to do so could inconvenience and even endanger the public.
Structural damage can also cost big bucks. In 2006, an Army transport crashed into a pedestrian overpass, shutting down all six lanes. It cost $700,000 to fix. The driver of the truck also did not have a permit.
We’re not giving out permits for the sake of giving out permits, Ishikawa said. We want to make sure that loads are properly secured and help drivers map out alternative routes.
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05/05 - National Legal News
Investigators are looking into whether a Michigan trucker involved in a Chicago train station crash two weeks ago may have been under the influence of prescription drugs. View Full Article
The driver, 64-year-old David Wells, slammed his semi-tractor trailer into the Chinatown CTA station just before 5:30 p.m. Twenty-one people — including six children — were injured, and two people died at the scene. Both deaths were ruled accidents.
Wells was reportedly seen acting oddly at the scene. A later search discovered he was carrying another person’s prescription at the time.
His odd behavior continued when Wells was taken into custody for two days. Sources said he refused to put clothes on and urinated on the wall during his lockup. He also refused to give a statement to police and declined a urine test.
Police said drugs and alcohol were not a factor in the crash, but they are looking at other factors. Investigators are awaiting results from a more extensive toxicology test to see if the prescription drugs were involved.
Police are also not ruling out mechanical failure of the truck. Initial investigations showed the truck left no skid marks, which could mean a possible malfunction.
Wells was cited for negligent driving. He was driving a truck for Whiteline Express, based in Plymouth, Michigan.
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05/05 - National Legal News
The senate passed a bill last Tuesday that would make it illegal to have an open bottle, can, or other container with alcohol inside a vehicle in an effort to increase safety on public roads. View Full Article
In states like Tennessee and Connecticut, current laws allow drivers to drive down the highway with an open can of beer or other alcoholic beverage in their cup holders.
Some people see the law as common sense, as 39 other states currently enforce an open container law.
We are trying to get drunk drivers off the roads, said Tennessee Senate Judiciary Chairwoman, Mae Beavers, adding that allowing people to drive with open containers does nothing for DUI laws.
Still, others are concerned that the measure could do more harm than good.
Prosecutors worry that the bill could decrease federal road funding that is often used for drunken driving enforcement. Currently, $12 million of Tennessee’s road funding is diverted to the safety office because the state does not comply with federal open container laws.
In addition, the proposed law would contribute to the job loss of specialized DUI prosecutors that are funded through those safety offices.
The open container bill is still pending in the house.
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05/05 - National Legal News
Connecticut Governor M. Jodi Rell signed a teen driving bill into law in April in an effort to curb reckless driving among the states youngest drivers. View Full Article
Under the new law, which takes effect in August, teenagers who are pulled over for driving recklessly, under the influence, or more than 20 mph over the speed the limit will have their license automatically taken away. They can get their license back after 48 hours if a parent accompanies them and signs for it.
The law also moves teenage curfew one hour earlier to 11 p.m. and doubles the amount of behind-the-wheel instruction. In addition, parents must attend driving classes with their children, a controversial move that aims to promote parental involvement and empowerment, according to Sen. John A. Kissel.
The new law also doubles the length of time for passenger limitations that are under the current law, including not being able to carry passengers under age 20 for the first six months of having the license.
The law is a move to reduce the number of teens lost in car accidents.
Connecticut has lost too many teen drivers, Rell said, and signing this into law is a major turning point in the efforts to protect our young drivers.
Last year, 15 teenagers died in car crashes in Connecticut, seven of which were killed from January to March of this year.
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