March 10, 2010

By Russell Carter, Womack Publishing Service

A Gretna woman filed a $15 million lawsuit Thursday in Pittsylvania County Circuit Court on behalf of her 12-year-son who drowned in 2008 at Smith Mountain Lake State Park.

Dora Mae Henley is suing Sycamore Baptist Church and the Commonwealth of Virginia, along with lifeguards, chaperones and a park ranger.

Henley’s son, Marvin Strickland Jr., was at Smith Mountain Lake State Park with a youth group from Sycamore Baptist Church when he drowned Aug. 7, 2008.

Strickland was found in 6-7 feet of water around 20 feet from the shore.

The Virginia Conservation and Recreation Department, which investigated the drowning, estimated Strickland had been missing about 15 minutes before lifeguards began searching for the youth.

After Strickland was reported missing, lifeguards removed everyone from the water and began diving in the area the boy was last seen.

He was found 20-30 minutes later.

In addition to Sycamore Baptist Church, the lawsuit names Kathy Mohilan, director of youth programs for the church, as well as adult chaperones Lonnie Rowland, Cindy Rowland and Annie Rowland Jones.

Others named in the lawsuit include Anna Woodford, the head lifeguard at the park; lifeguards Joey Nance and Austin Wood; and park ranger Meredith Bennett.

According to the lawsuit, Strickland was among six children from Sycamore Baptist Church who went swimming at the state park.

“When taking the youth group, including Master Strickland, on the trip to the state park, the adult chaperones, and each of them individually, expressly or impliedly assumed duties to supervise and care for Master Strickland for the duration of the trip,” the lawsuit states.

The lawsuit claims the chaperones were responsible for Strickland’s care on the trip, lifeguards were responsible for watching the boy while he was in the park and the park ranger was responsible for making sure lifeguards were properly trained.

Henley, who is represented by the Roanoke law firm of Crandall & Katt, is seeking $15 million for sorrow and grief, loss of her son’s income and his funeral expenses.

The plaintiff also asked for $350,000 in punitive damages.

By Dionne Searcey, Wall Street Journal

Relatives of a California Highway Patrol officer killed along with his family when a Lexus accelerated out of control have sued parent Toyota Motor Corp. in one of the tougher cases the Japanese car company may face.

In the wake of congressional hearings and recall notices, Toyota has taken a public-relations beating and could be vulnerable on many legal fronts. But many of the other high-profile lawsuits involving unintended acceleration filed against Toyota have circumstances that could give the company another factor to blame.

In one case, a driver was epileptic and medical examiners couldn’t determine whether he had suffered a seizure. Another driver had suffered a stroke. Yet another driver was elderly and was parking his 2005 Camry near a precarious bluff.

The California case could prove more challenging for the car company. The San Diego accident has already drawn the concern of U.S. highway-safety regulators as well as prominent media coverage. The suit also comes in the wake of bruising congressional hearings where lawmakers questioned Toyota executives about the car maker’s response to reports of sudden unintended acceleration. Toyota has recalled 8.5 million vehicles world-wide.

Federal safety regulators have received reports of 52 fatalities blamed on sudden acceleration in Toyota vehicles. Suits seeking class-action status have been filed, and each wrongful-death suit could seek millions of dollars in damages.

The California lawsuit was filed Tuesday in San Diego Superior Court on behalf of relatives of Mark Saylor, an off-duty California Highway Patrol officer who was driving a 2009 Lexus in August when it accelerated to 120 miles an hour on a freeway.

Witnesses said the Lexus slammed into a Ford Explorer, plowed over a curb and went through a fence before it flipped and burst into flames, killing Mr. Saylor and three family members. The suit blames Toyota and a Lexus dealership for product liability and negligence.

Legal experts say the Saylor suit could be tough for Toyota to defend against. The Lexus was a loaner vehicle from a dealership, and the prior driver had told the dealer the accelerator had become stuck, a lawyer for the family said. The Lexus was outfitted with thick floor mats designed for another type of vehicle.

One of Toyota’s recalls blames sudden-acceleration issues on floor mats that can entrap accelerator pedals. A harrowing tape of a 911 call from Mr. Saylor’s vehicle in which cries of “hold on” and “pray” are heard has circulated on the Internet, intensifying the negative publicity for Toyota.

Tim Pestotnik, a lawyer for the victims’ relatives who filed the suit, declined to comment on whether settlement talks with Toyota had occurred.

A Toyota spokeswoman said the company doesn’t comment on litigation. Toyota executives have expressed their sympathy for the Saylor relatives.

Separately, the U.S. Department of Transportation said Wednesday it had received 10 reports about sudden acceleration in Toyota vehicles whose owners said had their gas pedals fixed and floor mats removed under the recalls. The agency said it has not verified the claims.

Incidents of unintended acceleration in vehicles that have received the mechanical fixes, if verified, could call into question Toyota’s assurances that vehicle electronics are not to blame.

Other suits against Toyota involving fatalities or serious injuries attributed to unintended acceleration may be more difficult for plaintiffs to win as they have details that could point to other causes. These may fit the classic criteria for “human error,” a theory favored by car makers and safety regulators that suggests the bulk of sudden-acceleration accidents are caused by the driver mistakenly hitting the gas instead of the brake.

Safety advocates say drivers aren’t to blame but instead point the finger at the electronic throttle systems, which regulates a vehicle’s speed by a computerized system instead of a cable connected from the gas pedal to the engine.

Plaintiffs lawyers are playing a major role in how Toyota’s troubles are playing out in public. For its hearing last week, a congressional committee heavily relied on testimony cobbled together by auto-safety advocate Sean Kane, whose for-profit research firm has produced voluminous reports on sudden acceleration incidents and is backed financially by several plaintiffs’ attorneys suing Toyota.

Mr. Kane arranged the testimony of Rhonda and Eddie Smith, who said their Lexus zoomed out of control to about 100 mph on a Tennessee highway. He also helped set up the testimony of a university expert who found that an undetected electronic failure could cause sudden acceleration incidents.

Asked about his role, Mr. Kane said: “We went to Congress without anybody paying for that. That was on our own dime. Our work is well foot-noted and well documented.”

Plaintiffs’ attorneys have closely tracked the congressional hearings. They hope to use testimony from Toyota executives to bolster the numerous suits seeking class-action status that attempt to hold Toyota responsible for lost value of consumers’ vehicles due to the recalls.

Accusations during testimony on Capitol Hill that Toyota failed to act when it knew there were problems may prompt lawyers to accuse the company of violating federal racketeering laws, said Northeastern University law professor Tim Howard, who is coordinating several dozen lawsuits filed in 35 states.

Mr. Howard and several lawyers who represent plaintiffs in suits against Toyota say it is too soon to tell what Toyota’s legal strategy will be; Toyota declines to comment. The company so far hasn’t made overtures to settle recent cases involving sudden acceleration, lawyers said.

Posted March 2, 2010

By wsfb.com

STAMFORD, Conn. — A man was killed in a Tuesday morning collision with a tractor-trailer on Interstate 95 in Stamford.

Police said a Toyota Sienna driven by Xiaoyuan Huang, 28, was either stopped or traveling slowly in the right, northbound lane of Interstate 95 before 5 a.m. Police said Clarence Edwards came up behind Huang’s vehicle in a tractor-trailer. They said Edwards attempted to swerve around the Toyota, but struck the rear of the car.

The Toyota went into the roadway’s right shoulder, striking a metal guardrail. The tractor-trailer traveled into the median and struck the barrier, police said.

Huang was extricated from his vehicle and taken to Stamford Hospital, where he later died. Edwards was uninjured in the crash.

The crash, which closed northbound lanes of the roadway for hours, remains under investigation.

Tom Bowen said he commutes to Stamford from Long Island, usually on Interstate 95, but said he took back roads on Tuesday.

“I used to work in the local area and I know the local roads,” he said.

By suntimes.com

BLUE ISLAND — A man died in an accident while at work Monday in south suburban Blue Island.

Brian Fuller Sr., 48, of La Grange, was pronounced dead at 1:03 a.m. at MetroSouth Medical Center in Blue Island, according to the Cook County Medical Examiner’s office. Fuller died at 2258 Vermont St. in Blue Island.

George J. Roll & Sons, a building material supplier company, is located at that address, according to an online directory. No one was immediately available from the company.

Fuller Sr. was killed when he was pinned in by a truck, an official said.

Fuller’s son, Brian Fuller Jr., 23, said his father had worked with the company for more than 15 years and was in charge of loading trucks in the dry wall and lumber yards.

“He worked a strenuous job that was incredibly hard and no one else would do,” Fuller said. “He put my sister and I through college.”

Fuller Jr. described his father as a family man who was “there for us.” In his free time, he was an avid muskie fisherman, he said.

The muskie or muskellunge fish is a trophy fish that is highly prized by fishermen, according to an online site.

Fuller Sr. left behind his son, daughter Alyssa, and wife Kathleen, to whom he was married for 25 years, Fuller Jr. said.

Neither the Blue Island police or fire department would comment.

No one was immediately available from the Occupational Safety and Health Administration.

By Christopher Tuffley

www.newssun.com

SEBRING –Two fatalities have been confirmed by the Florida Highway Patrol in the charter bus crash that occurred at 2:15 p.m. Monday afternoon on U. S. 27 at the intersection with Lake Francis Road.

The bus, chartered by South Florida Community College for its Exploritas program, was traveling north, returning from a tour of the Lake Placid murals at the time of the crash.

FHP Lt. Chris Miller confirms that Alice J. Adams, 81, a resident of Lake Placid, was driving east on Lake Frances Road in a 2010 red Mercury when she attempted to enter the northbound lanes of U. S. 27.

At this time it is unclear why Adams failed to yield the right of way to the bus.

Larry L. Metzer, 69, the bus driver, attempted to avoid the Mercury, but the front right of the car struck the left side of the bus. That blow caused the bus to veer off onto the east shoulder of the highway where it overturned into a ditch.

This resulted in the ejection of several passengers and there were extensive injuries.

Thirty-two people, including the driver, were on the bus at the time of the crash. Only one person was not transported to a hospital.

Two were pronounced dead at the scene, three had critical injuries and the rest had serious to minor injuries. Aeromed and Bay Life were two of the several companies providing helicopter evacuation. At least five helicopters picked up victims.

Becky Rousch, who directs community education for SFCC, was on the bus.

Deborah Bell, spokesperson for SFCC, reports Rousch is resting comfortably and recovering.

Of the 11 victims transported to Florida Hospital in Lake Placid, two were later airlifted to larger hospitals and nine remained hospitalized as of Tuesday morning.

Tiffany Bender, spokes person for Florida Hospital, said Tuesday that Florida Hospital, Heartland Division had been expecting 12 victims at the Sebring emergency room, but half of those victims were airlifted directly from the scene and only six victims were transported to the Sebring campus. Of that number two remain hospitalized locally and four were later flown to Orlando.

Highlands Regional Medical Center received seven victims.

John Dunn, spokesperson for Tampa General Hospital, said Tuesday morning that six victims were airlifted to the hospital, three directly from the scene and three from Highlands County hospitals.

Hospitals in Orlando also took in the injured, and Lee Memorial Hospital in Ft. Myers took in one.

Early reports indicated the bus passengers were all from Boston, Mass.

Exploritas, an independent company which SFCC uses in its community education program, is based in Boston, but the tourists on the bus came from many different states, including Indiana and Virginia. Bell said the day of the crash was the first day of a week-long program.

The bus had been on its way to deliver the tourists to their hotel.

“Right now we are focusing on the individuals and their families,” Bell said. “We are working closely with local authorities and Exploritas.”

Posted February 20, 2010

By Ben Sosenko

NBCConnecticut.com

A school in Winsted will be shut down for the next three school days, after a classroom accident sent a 5th grade teacher to the Bridgeport Burn Unit.

Kristy Ejzak was injured on February 11, 2010 when she attempted to flip a light switch in her classroom at Pearson Middle School and Academy. A circuit breaker failed, causing her to burn her hand, and suffer shock related injures.

 ”Our main concern all along has been the health and safety of our staff and students,” said Blaise Salerno,Winchester School Superintendent.

 Since the incident, all light switches in the school have been replaced, and all electrical outlets are in the process of being replaced.

A local electrical contractor investigated the cause of the incident, and with their findings, Superintendent Blaise Salerno decided in the interest of safety to students and staff, the school will be closed on February 22, 23 and 24, while repairs made.

“We have decided that we would prefer to err on the side of caution,” explained Salerno. “It will take us a day or two to get the equipment, and a day or two to get it installed.”

Back in 2007, an architectural firm found numerous electrical problems at the school. Some of those issues, involved code violations, and outdated equipment. However, a $42 million bonding package to fix the problems was not approved.

“We just have not had the level of resources necessary to address the physical needs of our building,” said Salerno.

The failed circuit breaker in the accident was over 30 years old.

Parents of students at Pearson Middle School and Academy say they hope in the future money does not get in the way of their children’s safety.

“Now it’s concerning the safety,” said parent Dawn Cave. “It’s not just things getting cut. Now it’s the safety of teachers and students, so that’s a little hard.”

Posted February 20, 2010

By KYW’s Michelle Durham

An off -duty Philadelphia Police officer is under arrest in connection with the accident on I-95 that injured a Pennsylvania State Police trooper in the line of duty early Saturday morning. The accident happened around 4am on Northbound I-95 near the Girard Avenue exit:

Philadelphia Police Officer Matthew Sharkey has been charged with DUI and Aggravated Assault, according to Pennsylvania State Police Spokesperson Trooper Danea Durham:

“We got a call in reference to an abandoned vehicle in the travel lanes of I-95 northbound. Two troopers responded. PPA was called to load the vehicle onto the tow truck and while that was happening, unfortunately another driver came and hit the car.”

Durham says the trooper was pinned to the tow truck. He was rushed to Hahnemann Hospital with a leg fracture. The other trooper and the Philadelphia Parking Authority Tow Truck driver both received minor injuries.

The 23-year-old Sharkey has been on the Philadelphia police force three years and is assigned to the 17th district.

Posted Friday, February 19. 2010

www.Fayobserver.com

CLINTON – One person is dead and two more were in critical condition after the trusses of a church roof under construction collapsed Thursday afternoon.

Sampson County Interim County Manager Susan Holder said the accident happened around 4:25 p.m. at Mt. Vernon Baptist Church on the 3700 block of Faison Highway northeast of Clinton.

Holder said the two surviving construction workers were taken by helicopter to UNC Hospitals in Chapel Hill, where they were in critical condition Thursday evening. All three victims worked for Clifton Halso Construction of Chinquapin.

The names of the workers were being withheld, Holder said, until the family of the deceased is notified and until the N.C. Department of Labor determines the cause of the accident.

The workers were working on the roof of what was planned to be a new sanctuary for the church, Holder said.

By Jay Sorgi, www.620WTMJ.com

February 16, 2010

Reported by Newsroom Solutions

February 15, 2010

Toyota is suffering yet another potentially costly blow related to the vehicles it makes.

Federal agencies are seeing a sudden spike in the number of fatal accident complaints linked to Toyota vehicles.

“The Detroit News” cites the National Highway Traffic Safety Administration in reporting the total number of alleged deaths since the year 2000 related to claims of unintended acceleration in Toyota vehicles has reached 34.

The increase has occurred since the automaker began recalling millions of vehicles.

A congressional committee investigating the Toyota recalls says the 34 alleged deaths are more than all other manufacturers combined when it comes to accidents involving unintended acceleration.

Toyota recalled five-point-four-million vehicles in the U.S. because gas pedals could become trapped by improperly installed floormats.

Another two-point-three-million vehicles have been recalled for potentially balky pedal assemblies.

Toyota has also recalled 437-thousand Prius vehicles and other hybrid models due to braking concerns.

Toyota says it will review the new reports.

Spokeswoman Martha Voss says, quote, “we take all customer reports seriously and will, of course, look into new claims.”