Michael Neff's Blog

Bus Drivers and Passengers Respond to Texting Ban

2010-02-09T05:00:00.003-05:00

Recently we saw the federal government react to the dangers of texting while driving by issuing a ban on the practice for bus drivers and commercial truck drivers. Violations of this ban could carry the hefty fine of up to $2,750, a price intended to make the road safer for both drivers, those they share the road with, and in the case of bus drivers, the passengers who are their responsibility.

So how has this new ban been received?

PBS investigated just that question in a short spot interviewing several bus drivers and passengers. And in a word, the reaction to this ban could generally be described as positive. The bus drivers themselves were quick to see the need for this ban, recognizing that when they are behind the wheel, they may have some fifty other people depending on their care and attention, and that texting while driving would be directly opposed to being able to provide that.

"The new legislation that's banning texting for motor coach operators and commercial drivers while driving is a thing that's definitely needed," said the first driver featured in the interview, whose name was not offered by PBS.

"I can't afford to text and drive, because I've got to concentrate on my people," explained another. "I've got to take care of my people."

The passengers, for their part, also seem to agree with the ban, perhaps unsurprisingly since they are the ones entrusting the bus drivers with their safety. One woman interviewed expressed some confusion and curiosity as to the necessity of this ban, since she did not feel that she had often ridden with drivers who were not attentive to the road. She was left to wonder how common of an occurrence driving and texting was.

But for both of the bus drivers interviewed, there was no uncertainty. They agreed that you saw bus drivers on cell phones all the time - people attempting to multi-task while driving, and therefore putting themselves and others at risk with their distracted driving.

Of course, this small spot would imply that there are drivers who will be less willing to embrace this ban. If texting while driving is as common a problem among bus drivers as indicated, then it is most likely safe to assume that there are those drivers who will find themselves either forced to change their habits, or risking high penalties. Understanding the incredible dangers of distracted driving, I cannot say I feel a great deal of sympathy for them.

Hopefully this legislation will be a first step to greater legal and social censure regarding distracted driving. The only real protection drivers have from distracted driving is a shift within the culture that causes this dangerous practice. In this case, that means a shift away from texting and cell phone use while driving as a whole.

Have you been injured by a distracted driver? If so, contact an experienced Atlanta, Georgia auto accident lawyer immediately. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule your free consultation.

Study Linking Autism to Vaccines Retracted

2010-02-08T05:00:00.001-05:00

The Lancet, a major British medical journal, has retracted a study which it ran in 1998 linking autism and bowel disease to the measles, mumps and rubella vaccine.

This retraction followed just one day after BMJ, a competing journal, called for The Lancet to do so in an embargoed piece of commentary. It comes a week after Britain's General Medical Counsel, which oversees all doctors, found lead author Dr. Andrew Wakefield's methods unethical.

Unfortunately, it comes over ten years after the beginning of the much publicized and highly controversial crusade against vaccines which this study inspired. Yes, this is the medical research which set off the anti-vaccine movement which has swept not only through the UK, but across the Atlantic to the US too, where the anti-vaccine crowd has received a voice in many high traffic media outlets - including being featured on Oprah in the form of former MTV personality and current activist, Jenny McCarthy.

According to BMJ's commentary, after The Lancet published Andrew Wakefield's study linking the common measles, mumps, rubella vaccine to autism, "the arguments were considered by many to be proven and the ghastly social drama of the demon vaccine took on a life of its own."

After this study was published, British vaccination rates fell sharply. In direct result of this, measles outbreaks - formerly rarely heard of - have made a resurgence among unvaccinated British children. Even as subsequent research has time and again failed to replicate the original paper's findings and more and members of the medical establishment have spoken out against it, measles vaccination among British children has not fully recovered.

This is not the first time that The Lancet has admitted that it should never have run the original paper. Over the years, ten of Wakefield's original twelve co-authors have reached similar conclusions, and in the face of that fact, the medical journal has attempted to respond accordingly.

"It has become clear that several elements of the 1998 paper by Wakefield et al. are incorrect, contrary to the findings of an earlier investigation. In particular, the claims in the original paper that children were 'consecutively referred' and that investigations were 'approved' by the local ethics committee have been proven to be false. Therefore we fully retract this paper from the published record," the Lancet's editors said in their statement.

Wakefield and his two co-authors who have stood by this study are being stripped of their privilege to practice medicine in Britain as a result of what General Medical Council ruled as "callous disregard" for the children involved in his study, and for patient selection which they found both biased and dishonest when they ruled his work unethical. They have called his conduct "dishonest and irresponsible."

Alison Singer, mother of an autistic child and president of the Autism Science Foundation, has said "That study did a lot of harm. People became afraid of vaccinations. This is the Wakefield legacy: this unscientifically grounded fear of vaccinations that result in children dying from vaccine-preventable diseases."

Honda Recall on Heels of Toyota Recall Has Japanese Automakers Worried

2010-02-05T06:13:00.001-05:00

Honda has announced a recall of 646,000 Honda Fit and Honda Jazz cars, including 140,000 Honda Fit cars in the United States. The recall is because of a faulty window switch that poses a fire hazard. Last year a child died after the faulty window switch caused a fire in the car.

The Honda recall comes on the heels of two major Toyota recalls due to an accelerator problem, and the recalls have Japanese automakers and investors worried.

Japanese automobiles have gained a reputation for their reliability and safety, but this reputation is now being scrutinized. On the positive side for U.S. business, more consumers are returning to American made automobiles.

“The race to cost cuts and the competition between all brands is so fierce that even the mighty Japanese are doing things that are not as reliable as they were," said IHS Global Insight analyst Carlos Da Silva.

Honda was poised to benefit from the Toyota recall, but now Honda may see declining sales as well as it is grouped with Toyota. Toyota, by the way, is the world’s leading auto manufacturer. But the leading manufacturer has suspended sales and production in the U.S. Officials in Japan are worried that the recalls may cause all businesses in Japan to suffer.

Transportation secretary Ray LaHood recently said that all Toyota owners should stop driving their vehicles – then he quickly recanted his statement.

“What I meant to say or what I thought I said was, if you own one of these cars or if you're in doubt, take it to the dealer and they're going to fix it,” said LaHood.

There has been a great deal of consumer confusion over the two Toyota recalls. The most recent Toyota recall involves 2.3 million U.S. vehicles including the 2009-10 RAV4 crossovers, 2009-10 Corollas, 2009-10 Matrix hatchbacks, 2005-10 Avalons, 2007-10 Camrys, 2010 Highlander crossovers, 2007-10 Tundra pickups and 2008-10 Sequoia SUVs. The Toyota recall also extends to Europe and China. The total number of recalled Toyotas is at about 4.5 million. It could grow to include 8 million vehicles.

U.S. Congress has taken surprising steps in scrutinizing Toyota over the recall. House Energy and Commerce Committee Chairman Henry Waxman said, “Like many consumers, I am concerned by the seriousness and scope of Toyota’s recent recall announcements.”

Meanwhile, investors and citizens in Japan are worried that these recalls may negatively affect their nation’s economy.

"Toyota has a very close tie with its hand-picked suppliers. It's like a parent in a big family, and the children actually depend on Toyota for a living," said Kevin Chen of Gasgoo.com. "If Toyota gets the flu, its suppliers will also be sneezing."

If you or a loved one have been injured by a recalled or defective product, contact a Georgia personal injury lawyer immediately. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule a free consultation.

Distracted Walking: Just as Dangerous as Distracted Driving

2010-02-05T06:11:00.000-05:00

I have written a great deal about distracted driving but not so much about distracted walking, which can be just as dangerous. Cell phones, iPods, and other electronic devices can lead to serious injury and death for pedestrians, especially in cities like Atlanta that are not necessarily pedestrian-friendly.

The New York Times recently published on article about distracted walking: “The era of the mobile gadget is making mobility that much more perilous, particularly on crowded streets and in downtown areas where multiple multitaskers veer and swerve and walk to the beat of their own devices.”

According to the NYT, distracted walking accounted for at least 1,000 emergency room visits in 2008. Distracted walking can cause trips and falls as well as more serious accidents such as collisions with vehicles. Distracted walking accidents are on the rise. They doubled from 2007 to 2008.

The NYT points out several cases of distracted walking. A 16-year-old suffered a concussion after walking into a telephone pole while texting. A 28-year-old man fractured his finger after he tripped and fell while talking on his cell phone. A 68-year-old man sprained his thumb and his ankle after he fell off his porch while talking on his cell phone.

According to the results of a recent study, young people are more likely to suffer injuries due to distracted walking. This makes sense, as young people use distracting technologies more frequently, in general. However, older people are not immune to distracted walking injuries. The study found that half of distracted walking ER visits were by individuals under 30; a quarter were by people 16 to 20; and a quarter were by people 41 to 60.

Another study found that distracted pedestrians using their phone will often not notice hazards right in front of them. The study found that only 25 percent of pedestrians using their cell phones noticed a clown on a unicycle that passed directly in front of them! Now, image if that clown had been a vehicle. The scientific name for this phenomenon is “inattention blindness.” People can only pay attention to so many things at once. Scientists suggest that cell phone use taxes our auditory resources as well as our visual resources. When we’re talking on the phone, we’re often visualizes elements of the conversation. This takes away from our ability to visually interact with our environment. If you’re walking down the sidewalk, it’s best to save the phone conversation for later. Wait until you’re sitting in a safe place!

As I mentioned earlier, Atlanta is not a safe place for pedestrians, and you should certainly pay attention when walking around the city. A pedestrian was killed while crossing a street in Cobb County on Tuesday. On the same day, another pedestrian was killed while crossing an intersection in Mableton, Georgia. Police reported that the man was using the crosswalk when the crosswalk light was red. A 14-year-old young woman was recently killed when she was hit by a car as she was walking home after school in Stone Mountain. Atlanta is very dangerous city for distracted driving and distracted walking.

Have you been injured by a distracted driver or a distracted pedestrian? If so, contact an experienced Atlanta personal injury lawyer. Call MLN Law at 404-531-9700 for a free consultation.

Top 10 Causes of Falls

2010-02-05T05:00:00.000-05:00

It is not all that uncommon to trip and take a fall. Many of us stumble from time to time and shrug it off, thinking it just a random occurrence on any bad day. We might blame our own clumsiness, or a loose heel, or something else out of anyone's control.

However, falls are not always out of our control - or out of control of the individuals who own and maintain the places where these spills might commonly happen. They are also not always so very harmless. A fall might easily lead to injury, medical bills and potentially permanent consequences. Falls can lead to head trauma, nerve damage, and injuries to the neck and spine, all of which can be life changing or even potentially deadly.

Ten of the top common reasons for falls which may by the responsibility of the property owner include:

1. Improperly Maintained/Broken Stairways
2. Defective Sidewalks
3. Improperly Maintained Walkways
4. Uneven Walkways
5. Unsecured Wet and/or Waxed Floors
6. Broken Railings
7. Poorly or Improperly Maintained Lighting
8. Improperly Maintained Parking Lots/Structures
9. Unsecured Construction Sites/Scaffolding
10. Defective Construction Equipment

Home and property owners have a responsibility to see that their property is either secure from the public, or maintained for safety. Many of the items on this list can be hazards waiting for someone if left unattended.

Stairs, for instance, can be very dangerous since a small trip can lead to a dangerous tumble down to the floor or landing. Because of this, stairs should always feature some sort of nonskid surface. If they are carpeted, the carpeting should be secure. If the carpet becomes loose or worn, it should be repaired immediately to avoid an increased risk of falls. Uncarpeted stairs might have some nonskid surface on them, such as a contrasting nonskid tape, spaced at one inch intervals, or rubber pads. Stairs should have railings on both sides, and the railings also need to be in good repair.

A poorly lit stairway or a stairway which accumulates any kind of obstacles is likely to lead to accidents eventually.

Maintaining proper lighting is another important step that property owners should take to ensure that preventable falls are kept to a minimum. Especially in conjunction with other, higher risk areas such as stairs, or places where the floor or walkways are liable to be wet and slippery.

Areas under construction, or those being cleaned or waxed should always be marked clearly so that individuals who happen to use them are aware of the risk and know to be careful or when appropriate to find another route - otherwise, they should be secured entirely to prevent accidents and injuries.

If you or someone you love has been wrongfully injured because of fall due to negligence on the part of a property owner, then contact an experienced Atlanta, Georgia personal injury attorney as soon as possible. You may be entitled to compensation Call MLN Law at 404-531-9700 to schedule a free consultation.

One Year after Georgia Peanut Corporation Salmonella Outbreak…

2010-02-04T06:08:00.000-05:00

It’s been a year since we first heard about the contaminated peanut products from the Georgia-based Peanut Corporation of America. A recent article in the Atlanta Journal-Constitution reminds us that the salmonella outbreak killed 9 people and sickened hundreds of people. But apparently the Peanut Corporation never accepted accountability for the outbreak.

After the outbreak, the Georgia state government and the federal government promised to “get tough” on food safety. But not much has happened since then. The Georgia Legislature passed a new law that mandated food testing regulations, but these new regulations have not been worked out. Lawmakers in Washington D.C. seem to have forgotten about the food safety legislation that’s currently sitting in Congress.

Criminal investigations into the Peanut Corporation have fizzled out. No charges were ever filed against executives even though evidence suggested that they knowingly sent out contaminated products.

The salmonella outbreak linked to peanuts from the Georgia plant started in late 2008 and went on to kill at least 9 people. The Blakely plant in Georgia was shut down.

The Peanut Corporation is now bankrupt, and part of the $12 million insurance settlement connected to the bankruptcy will go to about 100 victims of the outbreak. However, the victims have not received anything so far. Other lawsuits against other companies that used the peanuts are pending.

Jeff Almer’s mother died after eating contaminated peanut butter from the Peanut Corporation. He is stunned at the lack of action; “Nothing’s happened. It’s very frustrating.”

Many experts are worried that as time passes, the chance of food safety reform gets smaller.

However, Michael Doyle of the food safety center at the University of Georgia suggests that state officials are still working on the legislation.

“I’ve learned to be patient,” said Doyle. “To get it right.”

In the meantime, recalls continue to roll in because of contaminated food products. Recently pine nuts and hazel nuts were recalled because of salmonella, and peanut butter has been recalled because of the bacteria listeria.

Attorney Bill Marler, who is handling lawsuits for about 45 victims of the salmonella outbreak, finds it hard to believe that criminal charges have not been filed against Peanut Corporation executives: “In 17 years of litigating every major food-borne illness outbreak in the U.S., I have not seen a clearer situation that demanded criminal prosecution.”

If you’d like to see something done about food safety in Georgia, contact your legislators and let them know how you feel.

If you’ve been injured by a toxic, contaminated or defective product, contact an experienced Georgia personal injury lawyer immediately. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule a free consultation.

Kennesaw State University Student Dies after Blacking Out from Drinking

2010-02-04T06:06:00.001-05:00

The Atlanta Journal-Constitution reports that a Kennesaw State University student died Sunday morning after he passed out at a party on Sunday night. The nursing student was Dorian Richard Varcianna, 21. The party was off-campus. Varcianna passed out at the party and never woke up.

Police have not said that alcohol was the cause of death. They are waiting on a toxicology report. A memorial service was held on Tuesday night by members of the Iota Theta chapter of the Delta Tau Delta fraternity. His funeral will be held in New York.

According to Varcianna’s younger brother who was also at the party, Dorian was still conscious at 2:30 a.m. when friends took him to his house in Marietta. The friends, including his brother, put Dorian on a love seat in the garage and covered him with a blanket. Dorian’s brother checked on him around 6:30 a.m. and Dorian appeared to be sleeping. However, when his brother checked again at 9:00 a.m. Dorian was not breathing and his skin was cold.

A spokesperson from Kennesaw State University stressed that the party was not a campus-sanctioned event and was not related to rush activities for the fraternity. But KSU admits that most students at the party were members of the Delta Tau Delta fraternity. Cobb County Police are investigating Varcianna’s death.

Michael Sanserviro of KSU said that campus officials will increase efforts to inform students about the dangers of alcohol.

“We want to make sure that they are educated about the various risks associated with alcohol use,” Sanserviro said.

If you have a teenage child or a child in college, talk to them about the risks and dangers associated with drinking. Binge drinking is often encouraged in some college circles, but it can have devastating consequences such as death – or death of an innocent victim. College students are at an increased risk of alcohol-related injury and DUI. Make sure your children understand that just one night of binge drinking can end their bright future. This is not a pleasant conversation, but it’s one that every parent should have with their children.

Campus officials should do more to increase awareness about alcohol-related injuries and deaths. Computer-based alcohol interventions have been successful on some campuses. Such interventions typically question students about their drinking habits and educate students about risky drinking behaviors. These computer-based questionnaires can be totally anonymous and encouraged with incentives such as retail coupons. Studies have found that computer-based alcohol interventions on campus can decrease alcohol consumption for high-risk drinkers. Perhaps KSU should consider this type of alcohol intervention for all students.

In Georgia, if you or a loved one have been injured by a drunk driver, you may be in a position to sue not only the driver but also those who served the alcohol. In GA, liquor stores and restaurants may also be held accountable for serving intoxicated individuals. If an alcohol-related injury or death has affected you, contact an experienced Georgia personal injury attorney. You may be entitled to compensation. Call MLN Law at 404-531-9700.

"What's the Difference Between First and Third Degree Burns?" And Other Facts About Burn Severity and Treatment

2010-02-04T05:00:00.000-05:00

I blogged earlier this week about how common burn injuries are and the many different ways in which people can become burn victims, but that is not all there is to say about burns. Hundreds of thousands of people suffer from burns every year in this country, and of them, only a fraction require hospitalization. What, then, is the difference?

The difference, in short, is the severity of the burn. Burn severity is determined by several different factors, including the age and overall health of the burn victim, the depth of the burn and the percentage of the body that it covers. Obviously, if a young adult in good health receives a small, shallow burn, that is an entirely different situation than if a small child is burnt moderately over much of his body, or if an elderly person receives deep burns to her hand and arm.

Many of us have heard terms like "first degree burns" or "third degree burns," but we do not know exactly what they mean, or what difference that makes when discussing treatment. Understanding the skin is the first step to understanding the different degrees of burn damage and how they are judged. The skin is made up of several different layers. The epidermis, on top, is the outer surface of the skin which we see. Underneath the epidermis is the dermis, a stronger, more durable layer. Unlike the epidermis, the dermis has its own blood supply and contains nerve endings which allow for sensation. Hair follicles and sweat glands are active in the dermis layer of skin. Below that is another fatty layer, which nerves and blood vessels pass through to get to the skin.

A first degree burn affects the first layer of skin, the epidermis, only. There may be redness, hotness, and some pain, but there is no swelling or blistering. A sunburn is an example of a very common type of first degree burn. First degree burns may be painful, but not intensely so. Many people would do no more than run this type of burn under cold water or apply a lotion or cream to it. Second degree burns are more severe and in most cases, substantially more painful.

Second degree burns involve both the epidermis and the dermis, and leave the skin blistered, moist or oozing. Second degree burns may call for medical assistance, depending on how much of the body they have damaged. Doctors recommend not removing clothing around the burnt area, and seeking medical assistance quickly in the case of many of these burns. It is not advised to put lotion, oils or creams on these burns on your own, as that may do more damage. Adhesive bandages are discouraged, also because of the risk of farther damage.

Third degree burns involve all the layers of skin, and so-called fourth degree burns involve all of the skin, as well as the muscle and bone underneath. In third or fourth degree burns, the affected area will no longer be familiar light red, but instead may be white, cherry red, black, yellow or brown. If someone has suffered a third or fourth degree burn, then 911 should be contacted immediately for quick medical treatment.

If you or someone you love has been wrongfully injured in a fire due to negligence or product malfunction, then contact an experienced Atlanta, Georgia personal injury attorney as soon as possible. Call MLN Law at 404-531-9700 to schedule a free consultation.

Elderly Mobility Scooter Driver Dies after Accident

2010-02-03T21:12:00.002-05:00

A recent upswing in the use of scooters, motorized wheelchairs and other mobility devices has allowed those with diminished mobility - such as the elderly - to move about more freely than they have in the past. There is no doubt that the access to this technology, both through improvements in the mobility devices themselves and by way of greater availability, has improved the lives of many people who would otherwise find themselves with little or no ability to get around. These devices offer those who use them an increased degree of independence.

However, they also present challenges. As a society, it seems that we are still adjusting to this increased presence, and as such there are sometimes insufficient laws in place to protect scooter drivers, motorists and pedestrians in incidents where mobility scooters are a factor.

Franklin Flynn, a seventy-one year old Marietta man, died last week after an moving vehicle accident when his electric mobility scooter was struck by a sports utility vehicle.

Flynn was riding his electric scooter, a Hoveround, south in a northbound lane of traffic when he was struck by a Chevrolet Tahoe turning south out of a parking lot, according to police. Flynn was taken to Wellstar Kennestone Hospital, where he died several days later. The driver of the Tahoe was not charged in the accident.

In incidents like this, the course of action that law enforcement should take is sometimes unclear, due in part to the nature of mobility scooters. The exact safety and etiquette for scooters and scooter/driver interaction is often poorly defined. Are scooters treated like pedestrians? Cyclists? Are there explicit rules to govern their use on sidewalks? On streets? These questions are frustrating as well as relevant.

In the UK, the question has been taken a step farther to wonder if people who drive mobility scooters ought to receive training for them. After a spate of accidents involving elderly drivers on scooters injuring or, as in the case of a ninety year old who was struck while in a crosswalk, even killing others on the road, the Norfolk, Virginia Police began offering a voluntary training class for scooter drivers.

"We have listened to the issues and concerns of the public and, with the help of our partners, have developed a mobility scooter awareness course that enhances the users’ ability to use their scooter in a safe and appropriate manner," said a spokesman for the Norfolk Police.

While this seems like a sound start, and perhaps we can eventually see some sort of training programs in place stateside, it also seems to sidestep the other half of this equation. Safer driving on the part of scooters can hardly be a bad idea, but what about the drivers and pedestrians that they share the pavement with? Learning and understanding how mobility scooters and those around them can most safely coexist will, without a doubt, become a priority in years to come, and hopefully one day will lead to fewer accidents like that which killed Franklin Flynn.

Lawsuit Filed over Exploding House in Cleveland

2010-02-03T18:15:00.001-05:00

The Cleveland Plain Dealer in Ohio reports that a lawsuit has been filed over an exploding house!

The lawsuit alleges that the Dominion East Ohio Gas Company and an investment company are to blame for the explosion of a Cleveland house a January 25. The explosion caused damage to 57 buildings.

Investigators have not yet announced the cause of the explosion, but the lawsuit, which was filed in Cuyahoga County Common Pleas Court, alleges that Dominion and California-based EZ Access Funding are responsible.

According to the lawsuit filed by attorney Scott Kalish, EZ Access failed to maintain the house on West 83rd Street, which had been vacant since last summer. Further, Dominion failed to make sure that the gas was shut off, even though residents in the neighborhood had complained of an odor of gas four days before the explosion.

Gerald Walton, attorney for EZ Access, said, “They were totally unaware that there were any utilities to that house. They never authorized or requested that any utilities were turned on.”

Kalish represents three homeowners whose houses were damaged by the blast as well as a dozen other people who rent homes in the area. Kalish said that approximately 60 property owners and 80 renters were affected by the explosion. At least four people received minor injuries.

One resident represented by Kalish is Terry Calderwood, whose home was damaged so badly that it had to be demolished. Kalish told reporters, “She’s essentially homeless now.”

The Cleveland attorney hopes that the lawsuit will be certified as a class action lawsuit since it affected so many people.

What a bizarre news story! I find it hard to believe that the gas company did not respond to reports about the odor of gas. The number one natural gas safety tip from safegas.org is: “SMELL GAS? ACT FAST! If you smell gas RIGHT NOW—don't touch or turn off your computer—leave the area! After you go someplace away from the odor, call your natural gas provider. If you don't know that number, dial emergency services, 9-1-1.”

Other tips from the gas safety website include:

Don’t ever let small children play with or near natural gas appliances or pipes, even the knobs on the oven or cooktop.

Don’t use your stove or oven for anything other than cooking (for instance, to heat your home, under any circumstances).

Don’t move or install a gas appliance or change the connector in any way without professional assistance.

Don’t use a space heater UNTIL you are sure it has been vented properly. If using a vent-free heater, make sure the automatic cut-off switch is operational.

Don’t install a gas appliance yourself, unless you area a qualified contractor. Instead, you should always seek professional assistance.

Don’t ever store household chemicals or combustible materials near gas appliances.

Have all gas appliances, furnaces, vents, flues, chimneys and gas lines in your home or business inspected every year or two by qualified industry professionals.

Keep the areas around all appliances and equipment clean and unblocked to allow for proper air flow.

Follow manufacturer instructions for the care and use of gas appliances and equipment.

Make sure there is at least one multipurpose fire extinguisher in your home or place of business.

Use your nose. If you ever detect even a small amount of the odor of natural gas in the air, don’t stay—get away. Then, contact your natural gas provider. If you don’t know that number, dial emergency services, 9-1-1.

Children’s Disney Jewelry Recalled

2010-02-03T18:03:00.002-05:00

Parents should be aware of two recent recalls of children’s jewelry products. Wal-Mart has recalled 55,000 Disney “Princess and Frog” necklaces that were sold exclusively at Wal-Mart stores. This recall was announced on Friday.

The necklaces contain high levels of cadmium, which can to toxic to children if ingested. Cadmium is a known carcinogen (cancer-causing agent) and may cause fever, developmental problems, or even death in high amounts.

The recalled metal chain link necklaces have pendants shaped like a crown or a frog. The packaging reads “Disney” and “The Princess and the Frog.” Recalled necklace model numbers include 4616-4187 (crown pendant) and 4616-4190 (frog pendant). The recalled Disney necklaces were sold at Wal-Mart stores across the country between November 2009 and January 2010. Average retail price was five dollars. If your child has one of these necklaces, return it to Wal-Mart for a refund.

In a related recall, 426,000 pieces of Disney children’s jewelry have been recalled due to high levels of lead. The recalled pieces include the “Tiny Tink” Tinkerbell charms as well as children’s bracelets sold through Papyrus Greeting Cards. This recall was announced by the U.S. Consumer Product Safety Commission (CPSC) on Tuesday. Both jewelry products were imported.

The Tinkerbell charms were imported by Playmates Toys. Researchers discovered that a metal piece of the charm had excess levels of lead. The Papyrus bracelets were imported by Schurman Fine Papers, and researchers found that the lead paint on the bracelets contained high levels of lead. Both of these pieces of children’s jewelry violated the federal standard for lead paint.

Over 252,000 Tiny Tink charms were recalled. The following Disney toy jewelry products were recalled: Tinker Bell’s Lil’ Tinker Bracelet, Rosetta’s Rosebud Keychain, Silvermist’s Water Lily Necklace. The Disney toys were sold at several retailers across the country from November 2008 to November 2009. Prices ranged from six dollars to eight dollars.

The Papyrus bracelets and greeting cards were sold from February 2004 to September 2009 at various retail stores for around seven dollars. If ingested, high levels of lead in paint could lead to nerve damage, brain damage, mental retardation, developmental problems, seizures, and even death. Low levels of lead exposure may also cause developmental problems for children.

If you own any of these jewelry toys, return them for a refund.

Toy jewelry is notorious for containing high levels of lead, cadmium, and other toxins. It’s best to avoid toy jewelry altogether, especially if it’s imported from China. China has a history of producing toys contaminated with lead paint and other toxins.

To be safe, teach your children to avoid chewing on toys and to wash their hands regularly, especially after playing outdoors. Soil is often contaminated with lead, especially if it’s near a roadway (thanks to a history of lead in gasoline).

If your child has been injured by an unsafe toy, contact an experienced Atlanta, Georgia personal injury lawyer as soon as possible. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule a free consultation.

Atlanta Tow Truck Accident on I-20 Kills Two

2010-02-03T18:01:00.001-05:00

The Atlanta Journal-Constitution reports that Angel Woah, a young mother of 23, was killed in a tragic tow truck accident on Saturday night. She had called her husband Robert Giles around 8:00 p.m. to let him know that she had been in a small fender bender. Just hours later, Giles found out that she was in critical condition at Grady Hospital. Woah was one of two women who were killed when a tow truck collided with two parked cars on the side of I-20 near the downtown connector. Satonya Cleveland, 35, was also killed in the accident. Cleveland, of Lithonia, died at the scene.

Woah was from Snellville. According to her future father-in-law, Antony Bordoli, “They immediately had to remove part of her right lung. She never regained consciousness.”

Bordoli described Woah as energetic and well-liked. She had an 11-month-old daughter, and she was on her way home from a hairstyling appointment when the accident occurred.

According to the Atlanta Police Department, weather may have been a factor in the accident. There were also six other accidents on I-20 on the same night.

So far, no charges have been filed in the tow truck accident, but the investigation is ongoing.

This incident highlights the importance of safety after an auto accident. Here are some safety tips to follow:

Safety first! If you can, move your car to the side of the road, but don’t feel obligated to stand next to your car on a busy highway. Turn on your hazard lights and set out cones if you have them, then move far away from the road. If you’re on the side of an interstate like I-20, you may have to walk in order to get off the shoulder. Do it, and stay as far away from the road as possible. You may feel the need to stay next to your car, but by doing so, you’d be putting yourself in danger, especially during inclement weather. Lock your car and get away from the road.

Call 911 as soon as possible, and file a police report to document the accident. Be sure to exchange information with the other driver as well as any witnesses. Be careful what you say. Do not admit fault or apologize. The facts will emerge, and they may show that the other driver was at fault. Don’t forget to call your insurance company, too. But again, be careful what you say when talking to insurance company representatives.

If you can, photograph the scene of the accident. Many people now have cameras on their cell phones. If you don’t have a camera, consider buying a disposable camera to photograph the scene. Photographic evidence is valuable in court.

If you were injured in the accident, see a doctor as soon as possible, and call an experienced Atlanta, Georgia auto accident attorney. If the accident was caused by the negligence of another driver, you may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule a free legal consultation.

Facts About Burn Injuries and Electrocution

2010-02-02T05:00:00.003-05:00

Every year, hundreds of thousands of people in the United States are burnt badly enough to require medical treatment. Of all of those people, 75,000 require hospitalization. Every year, over 10,000 people die of burn injuries. As is clear, burn injuries are common. They are also incredibly painful and often lead to permanent disability. More serious burns often require long term expensive treatments and therapies to restore as much of the victim's quality of life as possible.

There are many different causes of burn related injuries and deaths, many of them hazards which we might face every day without realizing it. Burn injuries are often caused by accidents both at home or on the job, car accidents, home fires, electrocution, thermal or chemical burn dangers.

Flammable clothing can be an incredibly dangerous, invisible hazard. If clothing is flammable, then the burns can often spread quickly over large portions of the body. Clothing sold in the U.S must comply with the Flammable Fabrics Act because of this.

Thermal or heat burns occur when the body comes into contact with a hot surface - often including hot water, cooking surfaces, irons, or any other substance which reaches a temperature above 115 degrees Fahrenheit. These are the single most common kind of burn, and happen easily in many settings. Considering the number of items which reach these temperatures, this is hardly surprising.

Chemical burns are caused by exposure to strong acids or alkaloids, often where they occur in batteries, plumbing or laboratories. Strong chemicals can dissolve the skin on contact, leading to serious injuries. It is important that if chemicals come into contact with the skin, the whole area is flushed thoroughly with water.

Automobile fires are not uncommon in car accidents, where the presence of gasoline can cause fires or even explosions, sometimes creating shrapnel.

Home fires are possibly what most people think of in the first place when they think of burn injuries, and they are the leading cause of residential fire death. Home fires can be caused by any number of sources; cigarettes are the most common, but electrical and heating sources are also fire dangers when they malfunction. Children playing with lighters or matches cause about 2 percent of fatalities. The strongest dangers involved in fire death are those which impair people's ability to respond to a fire or make them careless. Intoxication, either through the use of drugs or alcohol, is often a contributing factor to fire deaths.

Electrocution occurs when a person comes into contact with an electrical source. The electrical current flows through the body, leaving severe exit wounds. Doctors can even track the path electricity takes through a burn victim's body. Electricity can stop the heart if it passes through the chest, making this incredibly dangerous.

If you or someone you love has been wrongfully injured in a fire due to negligence or product malfunction, then contact an experienced Atlanta, Georgia personal injury attorney as soon as possible. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule a free consultation.

Recall Causes Unexpected Consequences for Toyota Owners

2010-02-01T05:00:00.001-05:00

Facing the recent massive recall of Toyotas, Atlanta Toyota owners find themselves at something of a loss.

Toyota has said that their cars are still fit to drive and those using them have no need to worry about the recall which has suspended production at six of their assembly plants, but that provides little relief for owners who have had no luck finding out when they will be able to bring their cars in for repairs, or even what those repairs might be when that time finally arrives.

"I called the dealership this morning after I heard about it and they told me they had not even received information or parts to repair what the problem is," said Joyce Stevenson, a Newnan resident who drives a 2007 Camry LE, V-6, 4-door sedan.

"Well, if it’s serious enough for them to stop selling them, then why aren’t they in a hurry to get the parts to fix them for people who have already bought one?"

Unanswered questions and worries over the recall are even starting to create division in some families as loyalists clash with those who want to get rid of the recalled cars and avoid Toyota in the future after learning of their widespread defect.

On the one hand, Toyota is expected to weather this recall well in the long run mostly on the grounds of their robust and loyal base of consumers. Many owners will stick with their Toyotas through the ups and downs brought by this recall and continue to buy Toyota automobiles in the future. Duncan Harle would like to be such a customer, but his wife falls on the other side of the argument. Sharon is firm in her stance that they get something else for their next car.

"We’re going to buy a new car," she said. "I can’t trust this car."

Duncan has been a Toyota owner longer than his wife, and calls them the best cars he's owned. For him, waiting and seeing how the recall and repairs continue seems like the best course of action.

"Can we bring the car in for a recall, and if we bring it in, what can they do for us?" Harle said. "I’ll give them a chance to fix it."

And in the short term, at least, economics may favor the loyalists. While dealers understand that these things do not permanently affect the ability to resell these cars once the proper repairs have been made, it may still make them cautious when making offers to sell or trade in the affected models. Private buyers will probably be even more conservative toward buying them, since they are less savvy of how much the cars will still be worth once repair, or because they might see the opportunity to get a better deal. Experts recommend that sellers hold onto their Toyotas at least a few more weeks and see what happens rather than accept a lower price.

If you've been injured by a defective product, contact an experienced Atlanta, GA personal injury lawyer immediately. Call MLN Law at 404-531-9700 to schedule a free consultation.

New Federal Law Bans Texting for Truck Drivers, Bus Drivers

2010-01-29T16:53:00.000-05:00

Texting while driving is currently restricted in only 19 states. (Georgia is not one of them.) In an effort to reduce the number of bus wrecks and truck wrecks, a new federal law has banned texting by U.S. commercial truck drivers and bus drivers.

Transportation Secretary Ray LaHood announced the new law on Tuesday and said that it takes effect immediately. This follows the December 2009 ban on texting for all federal employees driving on thejob.

"We want the drivers of big rigs and buses and those who share the roads with them to be safe," said LaHood. "This is an important safety step, and we will be taking more to eliminate the threat of distracted driving."

The new ban on texting carries fines up to $2,750.

According to the National Safety Council, approximately 200,000 U.S. wrecks are caused each year by drivers who are texting.

Recent research on distracted driving has shown that drivers who take their eyes off the road to send and receive text messages are much more likely to crash.

The Federal Motor Carrier Safety Administration (FMCSA) reports that drivers have their eyes of the road for about 4.6 seconds out of every 6 seconds. Research suggests that texting drivers are about 20 times more likely to be involved in an auto accident.

Legislation has been introduced that would ban texting for all drivers. States that fail to enact texting bans within two years would lose a percentage of their federal highway funding.

The current ban on texting for truckers and bus drivers is certainly welcomed, but in some respects, it's too little, too late. Texting while driving is a common phenomenon that is putting us all at danger.

A ban on texting for all drivers might also reduce the number of intoxicated drivers on the road. Back in December, the Seattle Times reported that drivers are using text messages, twitter, facebook, and other electronic messaging systems to warn each other about DUI checkpoints and road blocks. In fact, there's an iPhone application that's specifically designed to identify checkpoints! (I have a bad feeling that I may soon see someone using an iPad while driving around Atlanta.)

Unfortunately, distracted driving will likely be a major problem and continue to cause auto accidents, injuries, and fatalities for years to come.

You can reduce your chances of being in a wreck by turning off your cell phone when your driving. Remember the good old days before cell phones when drivers kept their eyes on the road (most of the time)? In my mind, keeping your eyes on the road is the most important safety precaution for driving. if you need to use your cell phone, pull over, take a break, and take care of your business.

Have you been injured by a distracted driver? If so, contact an experienced Atlanta, Georgia auto accident lawyer immediately. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule your free consultation.

Fire Dept. Admits Error in DeKalb County Fatal Fire

2010-01-29T06:29:00.000-05:00

WSBTV reports that the DeKalb Fire Department has admitted that it made a mistake by not investigating a fire at a residence where the resident called 911 to report a fire. WSBTV called the admission “stunning.”

I’m certainly stunned! The fire department says that a fire truck drove to Ann Bartlett’s Dunwoody home after she called 911 and reported a fire – but, because the firefighters did not see any smoke, they never got out of the truck to investigate. It seems like they would have at least knocked on the door and talked to the resident.

According to WSBTV, Ann Bartlett’s family said that the DeKalb County Fire Department “told them that firefighters failed to follow proper procedures.”

The Bartlett family wants an apology from the fire department.

“She paid her taxes in DeKalb County for 41 years,” said Ann Bartlett’s daughter Ruth Bartlett. “Yet when she needed DeKalb County, they didn’t find her.”

Investigators believe that the fire started because of Bartlett’s oxygen device and that she tried to escape through her garage. Unfortunately, the fire disabled the electric garage door opener.

I cannot comment on the legal aspects of this case because I do not know all of the details, but it seems like Ann Bartlett should not have died in the fire at her home on Houghton Court last weekend.

Atlanta attorney Pitts Carr is representing the Bartlett family, and he said that the DeKalb County public safety director has acknowledged that the firefighters didn’t even get out of the truck to investigate.

Bartlett’s body was not found until five or six hours later, after neighbors called 911 to report that the house was engulfed in flames.

CBS Atlanta obtained a copy of the fire department’s incident investigation report. The report reads: “FAO Greene, stated when he arrived on Houghton Court North, they drove slowly around the cul-de-sac, looking for addresses and for signs of smoke or fire. Greene reported no crewmember from Engine 18 exited the engine onto Houghton Court North. Greene reported no crewmember from Engine 18 exited the engine onto Houghton Court North. Greene reported, Engine 18, stayed on the street for just a few minutes and reported, via radio, to Battalion 1 he could find no fire and began looking for a dwelling fire on other streets . . . Captain Motes stated he too did not see the address or any signs of smoke or fire. He reported he did look up at the house, 1687 Houghton Court North, but the house was dark. Captain Motes reported, he and his firefighter exited Truck 18 only to spot the truck as it backed up to turn around to leave the cul-de-sac. No personnel from Truck 18 walked up the driveway of 1687 Houghton Court North.”

Even though the address of the house was not clearly visible from the street, the house appeared to be dark, and the firefighters saw no signs of a fire, they should have investigated more carefully. Let’s hope that the department improves their practices following this incident.

Texting Lilburn Teen Injured While Driving

2010-01-29T05:00:00.003-05:00

The dangers of texting while driving cannot be overstated; I have written in this blog numerous times about the inherit danger of texting behind the wheel, and the accidents that such behavior can cause.

Adding to that number of people injured or killed because of texting while driving - against the advice of law enforcement officials, cellular providers and good sense - is a nineteen year old from Lilburn who was seriously hurt when he ran his Acura into a telephone poll while sending a text message to a friend. The young man, Soheb Roy, in the single car crash which took place last week on Arcado Road and Wayside Court in Lilburn. Afterward, he was taken to Gwinnett Medical Center where his condition was deemed serious, but stable by medical professionals, according to Bruce Hedley, the Lilburn police spokesman.

The collision between Soheb's Acura and the telephone pole was strong enough to snap the pole in two, and block the road for much of the day. The car itself was totaled. Despite the sound of it, neither alcohol nor drug use has been indicated in this crash. The only factor to contribute to Soheb leaving the road and hitting the telephone pole was his use of a cell phone to text while driving.

Soheb is being charged with improper use of a cell phone while driving and failure to maintain his lane.

Texting while driving has been causing quite an uproar lately just for this reason. A sober person might be distracted by the act of texting and receiving texts, and create a risk as great or even greater than a person who is legally intoxicated. Numerous studies have shown both the incredible dangers of texting while driving, and the alarming rates at which teens in particular engage in this risky behavior. Some studies have estimated that as many as one quarter of teens have texted while driving, and as many as half of teens have witnessed someone texting while driving while they themselves were riding as passengers.

In Soheb's case, there was luckily only one person involved. While that in no way excuses his behavior or makes what he did less dangerous, the only person who was hurt by his choice was himself; but by texting while driving, he and other teens put their passengers - often friends and family members - and everyone who they share the road with at risk.

More and more states are taking action to ban the use of cell phones while driving, both speaking on them and sending text messages, but the responsibility remains on drivers to understand the dangers and respect those state sanctions.

If you or someone who you know has been injured by a distracted or texting driver, then it is important to protect your rights by contacting an experienced Georgia auto wreck attorney. You may be entitled to compensation. Call MLN Law at 404-531-9700 for a free consultation.

Mother of Monorail Operator Sues Disney, Alleges Wrongful Death

2010-01-28T13:59:00.001-05:00

On July 5, 2009, Disney monorail operator Austin Wuennenberg, 21, died when his train crashed into another at Walt Disney World in Orlando, Florida.

Disney's monorail system features an anti-collision systems that's supposed to prevent such crashes. However, the system is deactivated near the end of the night so that the trains can be moved into storage. The monorail system also has an emergency kill switch, which was not activated in this case.

"Monorail Central is the one, basically, the main person who should have been hitting it (the kill switch) if these two drivers did not see what was coming, because you're supposed to be standing right there within a foot of that kill switch button, basically," a former monorail operator told WKMG in Orlando.

After his death, Wuennenberg's family issued the following statement: "Austin Wuennenberg was a senior at Stetson University, studying computer science. He always enjoyed his work at Disney, and especially enjoyed his work as a monorail pilot. He has many great friends whom he has positively influenced; everyone will truly miss this dynamic young man. Austin's family would like to thank friends and well-wishers for their kind thoughts and prayers. We appreciate sensitivity and respect from the media during this difficult time."

A National Transportation and Safety Board (NTSB) investigation found that there were no mechanical failures and that Wuennenberg had brought his train to a stop and attempted to put his train in reverse before the collision.

Further investigations revealed that another train had backed into Wuennenberg's. Last month Disney admitted that, despite a warning from the manufacturer, it did not have a policy which required a spotter to watch monorails going in reverse. Earlier this month the Occupational Safety and Health Administration (OSHA) fined Disney $44,000 for four safety violations related to the accident.

Earlier this week Wuennenberg's mother filed a lawsuit against Disney. The wrongful death lawsuit states: "Walt Disney World knew that the failure to throw the switch was certain to cause injury or death to occupants of monorail cockpit. Particularly because the operators were required by Walt Disney to ignore the monorail operations drive training guide and remain in the forward cockpit such that upon reversing over the spur line they would have no direct line of sight of their path of travel, thereby impeding there ability to perceive that they were on the correct set of tracks."

Christine Wuennenberg seeks $15,000 for funeral expenses, mental pain and suffering, lost support and services, and loss of net accumulation of estate.

Disney has issued the following statement: "Since the National Transportation Safety Board investigation is ongoing, we would really prefer not to comment on a lawsuit brought on the same matter."

Have you lost a loved one due to negligence or reckless conduct? If you have, contact an experienced Atlanta, Georgia wrongful death lawyer immediately. Call MLN Law at 404-531-9700 to schedule a free consultation.

Toyota Recall Continues to Grow

2010-01-28T10:19:00.000-05:00

The massive Toyota recall due to a faulty accelerator pedal continues to grow. Today the company announced that the recall will extend to Europe and China. This makes one wonder just how many drivers are currently in danger. Nearly 100,000 vehicles will be recalled in China, and an undisclosed number of vehicles will be recalled in Europe. Some speculate that as many as 2 million Toyotas may be recalled in Europe.

Toyota recently recalled over a million vehicles in the U.S. because of the accelerator pedal problem. The pedal can get stuck and cause the vehicles to suddenly accelerate. This problem has reportedly caused four deaths in the U.S. To clarify: Toyota says that the problem has not caused any injuries or deaths, but ABC News has linked the problem to four deaths.

The recent recall is in addition to an earlier November 2009 recall of 4.3 million Toyota and Lexus vehicles. At the time of the original recall, the company blamed the accelerator problem on floor mats. Now they admit that there is a mechanical problem with the accelerator.

Earlier this week USA Today reported that Toyota knew about the accelerator problem last year - but they didn't know how to repair it. In fact, they still don't know how to fix the problem. Toyota has halted production at six plants in North America.

"I think it's questionable" whether the two Toyota recalls actually address separate issues, said Jesse Toprak of TrueCar.com. "Their biggest error was not to do a deep dive into the issue last year."

Right now, nobody knows has this problem will be resolved? Will dealers be able to repair the problem? Will they be able to offer loaner cars in the interim? According to Toyota, the problem appears to stem from premature wear in the throttle assembly. Drivers have reported that the pedal can stick in place even after they remove their foot.

Approximately 5.9 Toyota vehicles have now been recalled. Looking on the bright side, perhaps this issue will boost sales for American-made cars.

Atlanta car dealer Jim Ziegler said, "Toyota has got the resources to bounce back from this, but this is the biggest crisis that they have ever faced, and Ford and Hyundai and others are coming on strong."

Recalled Toyota vehicles include:

2005-2010 Toyota Avalon large sedan
2007-2010 Toyota Camry
2009-2010 Toyota Corolla
2008-2010 Toyota Highlander
2010 Toyota Highlander crossover
2009-2010 Toyota Matrix hatchback
2009-2010 Toyota RAV4
2008-2010 Toyota Sequoia large SUV
2007-2010 Toyota Tundra pickup
2009-2010 Toyota Venza
2009-2010 Pontiac Vibe

If you own one of these vehicles, contact the Toyota Customer Experience Center at 1-800-331-4331.

If you find yourself behind the wheel of a runaway Toyota, pumping the breaks may not help. Shift the vehicle into neutral, and shut off the engine. Don't take any chances.

If you've been injured by a defective product, contact an experienced Atlanta, GA personal injury lawyer immediately. Call MLN Law at 404-531-9700 to schedule a free consultation.

Wal-Mart Child Slapper Sentenced

2010-01-28T05:00:00.000-05:00

Many of us heard about the man who slapped another Wal-Mart customer's child repeatedly several months ago. The story made the rounds through many news and media outlets, through blogs, and the internet rumor mill at large. The idea of a man who would repeatedly strike another person's child, whatever the provocation, was simply too shocking not to attract a great deal of attention. It also attracted a puzzling trickle of support and sympathy from people who apparently understood the inclination to react in such an unexpected fashion.

Well, Roger Stephens - that sixty-one year old man who stole headlines and dominated conversations in August of 2009, has finally been sentenced for his appalling outburst.

Stephens did not testify at the trial, which was held without a jury by agreement between both the prosecution and defense. Instead Stephens offered an apology to the family of the two year old whom he publically slapped.

Jeff Sliz, Stephens’s defense attorney, has stated that his client was "blind-sided" by all the media attention that his actions have received. He did not think at the time, or in the days following it as the story exploded all over the media, that it would become what it did.

"He's absolutely amazed this incident took on such Goliath proportions," Sliz said. "He never in his wildest imagination believed it would mushroom into this."

Perhaps Stephens' disbelief seems strange remembering the story. The incident as the mother recalled it to police back in August involved Stephens approaching the woman while she shopped with her daughter at Wal-Mart and threatening her and the two year old girl, saying, "If you don’t shut that baby up, I will shut her up for you."

A few moments after making that warning, he took the girl and slapped her repeatedly across the face. Stephens slapped the girl four or five times in total, according to the police report.

But Sliz explained his client's behavior as being "the ultimate knee-jerk reaction."

"He put his hands on a child when he clearly shouldn't have, and he realizes that," the attorney said.

Stephens was sentenced to one year in jail for what he did. He will be given credit for the four months he has already served against that sentence. Six months into his sentence - so on less than two months, taking into account the time he has already served - Stephens will become eligible to move to house arrest. Stephens' attorney has voiced some concern as to whether or the retired Georgia Power employee will be able to take advantage of that, considering the $300 a month fee accompanying the house arrest option. He worries that his client will have difficulty paying it.

In either event, it seems that Stephens will have some time to consider the inappropriateness of his actions both in jail, and perhaps in the future from his own home. Whether or not this will satisfy the internet and media interest in this story remains to be seen.

Former Head of Vegas Hard Rock Settles Overdose Wrongful Death Lawsuit

2010-01-27T09:31:00.000-05:00

What happens in Vegas stays in Vegas - unless someone dies.

The Las Vegas Sun reports that Ed Scheetz, former CEO of the Morgans Hotel Group which manages the Hard Rock hotel and casino, has settled a lawsuit filed against him by the family of his former girlfriend, Michelle Hatchel, who died of a drug overdose in 2007 at the age of 23.

The lawsuit claimed that the sex-and-drugs lifestyle of Scheetz, 42, led to the overdose death of Hatchel. It alleges that Hatchel received the cocaine and oxycodone that killed her from Scheetz and that she was "assaulted and battered" by Scheetz prior to her death. The Morgans Hotel Group was also listed as a defendant and accused of condoning Scheetz's lifestyle.

The suit stated the following: "A part of the Hard Rock marketing’s strategy its target demographic patrons included hedonistic sexually permissive and promiscuous lifestyle which also included use of illegal and/or illegally obtained ... controlled substances including but not limited to cocaine and oxycodone and as CEO of said named corporate defendants, defendant Scheetz's own lifestyle ... was a living example of said Hard Rock image and all of his actions, inactions, and/or omissions herein were within the course and scope of his employment."

The wrongful death lawsuit further claimed that Scheetz had taken advantage of an emotionally vulnerable Hatchel and lured her into a life of drug abuse.

The lawsuit, which sought $645 million in damages, was dismissed on January 7 after being settled. Attorneys for Scheetz said, "In August 2007 Michelle Hatchel died of a drug overdose. Her life and death were tragic. Even though our client was never served with legal papers and three of the four plaintiffs had no legal standing to bring a wrongful death suit, our client and his business associates decided to settle the lawsuit to bring closure to the Hatchel family and to end the slanderous and bogus accusations against Ed Scheetz by the plaintiffs’ attorney and consultant."

The Sun revealed some odd conditions surrounding Hatchel's death: "It said in the summer of 2007, Hatchel was flown to New York to be with Scheetz on a flight arranged by Scheetz's secretary at Morgans and then was flown to Las Vegas on Morgans' private jet. After arriving in Las Vegas, Scheetz was spending time with both Hatchel and an ex-girlfriend of Scheetz and in phone calls and text messages to friends, Hatchel expressed unhappiness with the ex-girlfriend's presence and feared for her safety, the lawsuit charges. The ex-girlfriend was also named as a defendant in the now-dismissed suit."

Hatchel family attorneys could not be reached for comment. Scheetz resigned from his position as CEO three weeks after Hatchel's death.

Have you lost a loved one in a wrongful death? If so, contact a Georgia wrongful death lawyer as soon as possible. A legal investigation may reveal more facts about the cause of death. Call MLN Law at 404-531-9700 to schedule a free consultation.

Bus Driver to Be Sued after Fatal School Bus Wreck

2010-01-27T09:06:00.001-05:00

On January 9, 2010, a school bus crashed into a station wagon and plunged off a 20-foot drop into a ravine. The bus wreck claimed the life of one student and injured 17 others.

The students, from the Hartford Academy of Mathematics and Science, were on their way to a robotics competition. They never made it.

"We are saddened to confirm that a student from the Greater Hartford Academy of Mathematics and Science was fatally injured this morning during a very serious accident on I-84 west. A bus driver, a teacher and 15 students from GHAMAS were also injured,” said Bruce Douglas of the Capitol Region Education Council after the wreck. "Our hearts, and the hearts of every educator and parent goes out to his parents, his family, his community in Rocky Hill, students and faculty of the Greater Hartford Academy of Math and Science, and the entire CREC community. They will all be in our prayers. This kind of incomprehensible tragedy is always on our minds. It is something we work tirelessly to prevent."

Vikas Parikh, 16, described as one of the "best and brightest" honor students, was killed in the bus crash. His sister Mayha said, "My mom got an email from a guidance counselor that he was first in class in ninth and tenth grade. She got that email of Friday . . . He was very into robotics, the type of thing a mechanical engineer would be into. My sister and I didn't get in to doing that, but anytime there was a computer problem, they knew where to turn to. It's just sad you'll never see him graduate high school. He had his permit, but he never got his license . . . He was too young."

The bus driver, Paul Burns, 44, told WFSB News, "All of a sudden I hear something colliding to the side of the bus and it was forcing the bus all the way to the right and I was doing everything I could to hold the bus on the road."

A DMV investigation revealed that Burns was driving a bus out of class. Burns had a commercial driver license for school buses with a total weight of up to 26,000 pounds. The bus he was driving weight 29,800 pounds.

Burns said he didn't know that he was driving out of class and that his managers never told him that the bus was over the weight limit for his license. He said he had been driving the same bus for two months.

"I was not informed that it was over the limit because if I had known, I would not have drive the bus," said Burns. "I just want to apologize wholeheartedly for what happened on Saturday morning because I wouldn't wish that on anyone, and I never want to see it happen to anyone every again."

Further investigation revealed that Autumn Transportation, the school bus company in charge of the bus, was cited for 65 out-of-service violations in 2008. These violations mean that the buses were not up to code. IN 2009, the number of violations doubled! Why was this company still in charge of transporting school children and keeping them safe?

Hopefully some answers will be brought to light in court. The family of Parikh has decided to sue Burns as well as 16-year-old Christopher Toppi, the driver of the other vehicle involved in the wreck.

If you've been injured in a bus wreck caused by negligence, contact an experienced Atlanta bus wreck attorney immediately. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule a free consultation.

Student Killed When Young Driver Loses Control

2010-01-27T05:00:00.001-05:00

Tanesha Leshay Williams was a quiet, reserved fourteen year old. The freshman at Stone Mountain High School did not have many friends, but those who did know her describe a person who was kind, caring and worth knowing once she opened up. Williams' father, Anwar Bass, speaks of a girl who wanted to help people - a girl who spoke of being a nurse or a message therapist or a teacher when she grew up. According to Bass, the job she looked forward to in the future changed often, but the goal of helping others stayed the same.

“Let me know when you get to 12th grade,” Bass said he told her.

Unfortunately, Bass will not have the opportunity to see just what path his daughter would have chosen for herself in the end. Tanesha Leshay Williams died when a green Crown Victoria left the road and struck her while she was walking between her high school and her mother's home. The car also hit two other students, one male and one female, leaving them with nonfatal injuries. The seventeen year old driver of the Crown Victoria - who may or may not have been one of Williams' fellow students - also suffered some minor injuries as the result of losing control of the car.

Williams was rushed to hospital, but as far as her father is concerned, she died on the scene of the accident.

“It knocked the last wind out of her,” he said.

Alexandra Stamper, also fourteen and one of Williams few friends, talked with AJC after the incident. Stamper explained how she and the other girl had been friends since they met in middle school.

“I was the only person she would talk to,” Stamper said, then continued, “She was a very cool person when you got to know her.”

“I think she didn’t really feel that good about herself. She looked up to me. I would encourage her whenever I saw her to hold her head up because she was always walking like she was sad,” Stamper said explained.

Stamper left a teddy bear at the memorial students had built for Williams. While Williams was not well known, the fact that one of their schoolmates has died did not leave other Stone Mountain students unmoved. The fact has left many of the students shaken and aware of the dangers of losing control of a car.

“I just think people just gotta control their cars and know where they are going,” said Tyrelle Harrison, a seventeen year old junior at Stone Mountain.

Harrison walks to school every day, and on the day after Williams death, found himself walking on the opposite side of the road as he thought of what had happened.

Grief counselors have been made available to Stone Mountain High School students.

If you or someone you love has been injured by a driver, it is important to talk with an experienced Georgia car accident lawyer immediately. Call MLN Law at 404-531-9700 to schedule your free consultation.

Monetary Incentive for Dangerous Crib Recalls?

2010-01-26T16:22:00.001-05:00

Bloomberg reports that the Consumer Product Safety Commission (CPSC) is considering requiring crib manufacturers to provide consumers with refunds or monetary incentives when dangers cribs are recalled. Crib recalls usually involve a free repair kit, but many parents never contact the manufacturer to receive the free repair kit. CPSC Chairman Inez Tenenbaum says that refunds or monetary incentives such as store credits may increase response rates to recalls.

“Such a requirement would certainly incentivize many consumers to discard and replace defective cribs,” Tenenbaum told a House Energy and Commerce Committee panel. Tenenbaum said that lawmakers should consider requiring companies to offer refunds or store credits.

Since 2007, more than 7 million dangerous cribs have been recalled. However, many of these cribs are still being used. Even worse, many of the recalled cribs are still being sold in secondary markets.

In November 2009, 2.1 million cribs made by Stork Craft manufacturing were recalled. It was the biggest crib recall ever. The recall was instigated only after the death of four infants in the United States. The drop-side cribs posed a danger of infants being trapped.

Just last week, more dangerous crib recalls were announced. Dorel Asia cribs were recalled due to strangulation and suffocation hazards. These cribs also have a drop-side that can potentially trap infants. Dorel Asia has received 31 reports of drop-side incidents, including six cases where children were trapped. The recalled Dorel Asia cribs, manufactured in China and Vietnam, were sold at K-Mart, Sears, and Wal-Mart stores between January 2005 and December 2009 for $120 to $700. Dorel Asia cribs with the following model numbers were recalled: WM1633, WM1633-0, WM1676BC, WM1676BCR-DC, WM2163, WM2163DC, WM1633-0-DC, GP004B3EGR, GP004B3WGR, GP006BCEGR, GP006BCWGR, DA1615B3, DAKM5132, DASE5005, DASE5009, DA0504KMC-1N, DA0504KMC-1W, DA1614B3, DAKM5152, and DASE5015. If you have one of these cribs, stop using it immediately and call Dorel Asis at 1-866-762-2304 to receive a free repair kit. You can also visit dorel-asia.com for more information about this recall.

Drop-side cribs made by Caramina Furniture were also recently recalled. The recalled Caramina "Diana" drop-side cribs were sold at Buy Buy Baby and mass merchandise stores from September 2002 through December 2005 for $240 to $370. For more information about this recall, contact Caramina Furniture at 1-877-728-0342.

The CPSC now has a Crib Information Center to provide information about all of the crib recalls.

I certainly hope that lawmakers decide to require crib makers to offer some type of monetary incentive for recalls. Frankly, if I owned a crib that had been recalled due to strangulation hazards, I would want a full refund. A simple repair kit would not put my mind at ease! Additionally, because of all these recalls, I would not trust any drop-side cribs. There is an inherent design flaw in the safety of these cribs.

If you're a parent or children's caregiver, please review these crib safety tips from the CPSC:

To prevent suffocation, never place pillows or thick quilts in a baby’s sleep environment. Also, make sure there are no gaps larger than two fingers between the sides of the crib and the mattress.

Proper assembly of cribs is paramount - Follow the instructions provided and make sure that every part is installed correctly. If you are not sure, call the manufacturer for assistance.

Do not use old, broken or modified cribs - Infants can strangle to death if their bodies pass through gaps between loose components or broken slats while their heads remain entrapped.

Properly set up play yards according to manufacturers' directions. Only use the mattress pad provided with the play yard; do not add extra padding.

Never place a crib near a window with blind or curtain cords; babies can strangle on curtain or blind cords.

Have any of you parents out there had a bad experience with drop-side cribs? If so, please leave a comment and let others know.

Engineer Texting Caused Metrolink Train Crash

2010-01-26T16:19:00.000-05:00

The National Transportation Safety Board (NTSB) recently issued a final report on the Metrolink train crash that occurred in Chatsworth, California, on September 12, 2008 - and the report blames the crash on text messaging by the train engineer.

The NTSB report concluded that the Metrolink train equipment was working properly. However, engineer Robert Sanchez was distracted by text messages on his cell phone, and he failed to see a red signal after he left the Chatsworth station. The northbound train crashed into a southbound train. Sanchez died in the crash along with 24 other victims. Another 135 people were injured in the deadly train wreck.

According to NTSB chair Deborah Hersman, Sanchez constantly texted while he was working.

"There was a violation of company policy, and it was flagrant, it was consistent and it was longstanding,” said Hersman. “It was not a ‘one-off’ event. This operator sent and received upwards of 95 text messages that day.”

Can you believe that? This guy had the lives of hundreds of people in his hands, and he was sending and receiving text messages all day!

"Many people were riding a train on that Friday night,” Hersman continued. “They were riding home from work, and they counted on that railroad engineer to get them where they were going and get them there safely. Tragically, an instant message turned an ordinary commute into a catastrophe.”

The NTSB report revealed that Sanchez sent more text messages on the job than he did on the weekends. The report also revealed that he invited friends into the cab of the train. He had violated company policy nearly half a dozen times. Yet he kept his job.

"Management cannot turn a blind eye to the behavior of ‘bad actors’ that are not doing their job,” said Hersman. “They are accountable for the performance of their employees.”

Sanchez was actually an employee of Connex and not a direct employee of Metrolink. Metrolink had hired Connex to manage train crews. Since the accident, another company has replaced Connex.

Keith Millhouse, chairman of Metrolink, said, "We were just shocked. There’s a certain amount of professionalism you expect from a company that touts itself as a transportation leader such as Connex. So we’ve found that you can’t trust your contractor to do what they’re doing."

After this crash, the NTSB recommended installing video cameras to keep an eye on train engineers. This move is expected to greatly reduce texting and other distractions in the train cabs. The NTSB also repeated its call for "positive train control" systems, automated systems to prevent crashes.

If you've been injured because of negligence on the part of a distracted driver of any type of automobile (including cars, tractor trailer trucks, buses, and trains), contact an experienced Atlanta, Georgia personal injury attorney as soon as possible. You may be entitled to compensation. Call MLN Law at 404-531-9700 to schedule a free consultation.