Posted November 13, 2009

By Jessie-Lynne Kerr, jacksonville.com

A Circuit Court jury in Flagler County Thursday returned a $5.1 million verdict in a wrongful death case stemming from a 2006 fatal collision between a fully loaded tractor-trailer and a Honda minivan.

Ingrid Falkenstein, 67, who had just retired to Palm Coast with her husband, David Falkenstein, was killed instantly in the wreck. Her husband suffered a pelvic fracture among other injuries.

Falkenstein’s attorney, Steve Pajcic of Jacksonville, presented evidence that showed trucker Christopher Angland of Palatka, driving for McMaster Sod LLC of Bunnell, ran a stop sign at Cody’s Corner. The accident occurred about 6:30 p.m. May 18 at the well-known but isolated intersection in the southwest part of the county.

The defendants argued that the county was at fault because of poor signage at the intersection and a failure to replace worn rumble strips approaching the stop sign.

But the jury placed 60 percent of the blame on the driver, 40 percent on McMaster and none on the county. Pajcic said some of his most compelling evidence was a Valentine’s card that Falkenstein gave his wife in the first year of their 33-year marriage that pledged, “Our happiness is our wealth.”

Pajcic urged the jury to place the same value on their long marriage as the couple had themselves. He argued that reckless driving by a tired trucker had robbed the couple of their golden years of retirement.

Posted October 24, 2009

By ANDREW STRICKLER, newsday.com

A dozen New York City firefighters were hurt – including a seriously injured driver who was trapped in an overturned vehicle – when two trucks rushing to a gas leak collided in a Brooklyn intersection Saturday morning, officials said.

Witnesses described a deafening collision between Engine Company No. 236 and Ladder Company No. 107 at the corner of Ashford Street and Hegeman Avenue in the East New York neighborhood.

The 9:43 a.m. crash caused the ladder truck to flip on its side and slide into a tree, trapping the hurt driver inside for about two hours as dozens of emergency personnel worked to free him. The engine ended up over a curb and onto a front lawn.

Everett Groves, 63, the superintendent of a building at the intersection, said he was outside when he heard sirens.

“I see this engine coming this way, I mean flying . . . horns blowing,” he said. He described the engine, which was headed west on Hegeman Avenue, hitting the rear of the ladder truck, which was headed north on Ashford.

“The impact was tremendous,” he said. “You know the impact had to be something to hit that truck off the ground.”

All 12 firefighters on the two trucks required medical attention. Four were seriously hurt, and eight had less serious injuries, according to an FDNY spokesman.

The driver of the ladder truck, identified as firefighter Robert Puppa, remained trapped until about noon, and Lt. Kevin Washington, a 27-year veteran, suffered an unspecified skeletal injury, possibly a broken leg, fire officials said.

Both were in serious condition at The Brookdale University Hospital and Medical Center.

Other firefighters were taken to Kings County Hospital Center and Jamaica Hospital Medical Center. They were still there late Saturday, a department spokesman said. An NYPD spokesman said the investigation was continuing.

Mark Brown, 46, an electrician who was walking to a supermarket at the time, said the engine “slammed on the brakes” but was not able to stop in time. “It was not a yield,” he said.

FDNY spokesman Jim Long said both trucks were responding with sirens and lights to a gas leak emergency in the 700 block of Warwick Street, one block west of the crash site.

Long said the gas leak was legitimate but could not immediately say who responded.

Station houses for Engine Company 236 and Ladder Company 107 are about a mile from each other and within a mile and a half of the crash site.

Firefighters at the ladder company’s station house on Lincoln Avenue refused to comment.

Published October 5, 2009

By KEN THOMAS (AP)

WASHINGTON — Toyota Motor Corp. officially recalled 3.8 million vehicles in the United States on Monday to address problems with floor mats that could cause the gas pedal to stick and cause a crash.

The automaker formally informed the federal government of the recall in a letter Monday. It will be Toyota’s largest U.S. recall and the country’s sixth-largest recall, according to the National Highway Traffic Safety Administration.

The recall includes 2007-2010 model year Toyota Camry, 2005-2010 Toyota Avalon, 2004-2009 Toyota Prius, 2005-2010 Tacoma, 2007-2010 Toyota Tundra, 2007-2010 Lexus ES350 and 2006-2010 Lexus IS250/IS350.

Chris Santucci, Toyota’s assistant manager for technical and regulatory affairs, wrote in the letter to NHTSA that there are 3.8 million vehicles involved but “this estimate is subject to change as Toyota refines the number of affected vehicles by model.”

Toyota told the government it has not determined that the vehicles “contain a ’safety-related defect’ within the meaning of the federal safety laws” but would notify owners of the safety campaign.

Santucci wrote “there is a potential for an accelerator pedal to get stuck in the wide open position due to an unsecured or incompatible driver’s floor mat. A stuck open accelerator pedal may result in very high vehicle speeds and make it difficult to stop the vehicle, which could cause a crash, serious injury or death.”

Toyota announced last week it would recall the vehicles and warned owners to remove the driver’s side floor mats and not replace them until the company determined a way to fix the problem.

The massive recall was prompted by a high-speed crash in August involving a 2009 Lexus ES350. California Highway Patrol Officer Mark Saylor, 45, and three members of his family were killed when their vehicle hit speeds exceeding 120 mph, struck a sport utility vehicle, launched off an embankment, rolled several times and burst into flames.

Family members made a frantic 911 call from the Lexus and said the accelerator was stuck and they couldn’t stop the vehicle.

In Japan, Toyota President Akio Toyoda said last week that the fatal crash was “extremely regrettable” and offered his “deepest condolences.”

Toyota said in the letter it would tell owners of the affected vehicles to take out the driver’s floor mat and not replace it with another floor mat until model-specific remedies are developed. Toyota said it expects to begin notifying customers by first class mail in late October and complete its mailing in December.

When it figures out a fix for the problem, Toyota will notify owners “about the availability of a free remedy.” The automaker told the government it did not have a firm schedule for the second notification but would provide the government a schedule as soon as possible.

If a vehicle accelerator pedal becomes caught on the floor mat, Toyota recommends the following steps:

_ Reach down and pull the mat back from the accelerator. Then pull over and stop your vehicle. If you can’t dislodge the pedal or it seems unsafe to do so, press on the brake with both feet. Then shift the vehicle into neutral, which will disengage the transmission. Continue braking until you come to a stop.

A driver can also try shutting off the engine or turning the key to the “ACC” position on the ignition. You won’t lose control of steering or the brakes. But once the vehicle is turned off the driver won’t have the benefit of power brakes or power steering.

           In my opinion, one of the most enjoyable and relaxing experiences you can have is to take a leisurely ride on your motorcycle.  The scenery can be beautiful and motorcycles get excellent gas mileage.  However, if you are involved in an accident while on a motorcycle, this enjoyable experience can turn tragic very quickly.

            The sad fact is that motorcycles offer little protection to their rider in an accident and are sometimes difficult for other motorists to see.  Because of this, the injuries sustained in a motorcycle accident are frequently far more serious than the injuries sustained in an automobile. 

            If it isn’t hard enough to recover from these serious injuries, the operator or passenger on a motorcycle has to worry about the medical bills and lost wages.  Most motorcycles do not carry medical coverage on their bikes.  This is fine if you have good health insurance.  If you don’t have health insurance, you can go deep into debt with medical bills. 

            If you have been seriously injured due to the negligence of another driver, you need an attorney experienced in handling motorcycle cases.  You need someone who has your interests at heart.  You need an advocate who will fight for you to obtain the compensation to which you are entitled. 

            Our firm has been representing the victims of automobile, truck and motorcycle accidents for over 25 years.  If you or a member of your family have been the victim of a motorcycle accident,  I invite you to visit my website at www.dreamlegalteam.com.  You can fill out an online consultation form or engage in an online chat.  Again, the website is www.dreamlegalteam.com.  Don’t wait. 

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