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We designed this website to provide information to consumers, injured people, and their families. Our goal is to level the playing field between consumers and insurance companies and expose the tricks, traps, and techniques they use to cheat injured people out of their legal rights. We also let consumers know about legal news, including verdicts and settlements and other interesting legal information.

But please understand that nothing on this website is meant to provide legal information about your specific case, create an attorney-client relationship, or imply that the results of your legal case will be the same as some other case.

News

Road rage in Houston hit-and-run accident claims teenager’s life

A Texas Southern University (TSU) police officer’s daughter is dead after being killed by the bullet from an angry hit-and-run driver’s gun.  According to Houston police, the driver, Richard Calderon, 24, crashed into Sonya Randle’s car when he went through a stop sign without stopping, sped away, and then opened fire when Randle caught up.

 

The bullet struck TSU officer Randle’s daughter, Alexis Wiley, 13, in the head.  Alexis was taken to Memorial Hernann Hospital-Texas Medical Center to be treated, where she was pronounced dead.  Houston police confronted Calderon at his home, where he turned over his 9mm handgun.

 

Randle told police that after her Nissan Altima was hit by Calderon’s 1998 Cadillac she sped up to take note of his license plate number.  After getting his number she passed his vehicle.  According to the criminal complaint against Calderon, Randle’s daughter said that the Cadillac was chasing them.

 

Calderon fired shots in the 3900 block of Westhampton; a bullet went through the back windshield of the Altima, striking Alexis in the head.  Police believe that at the time Alexis was shot she was turned around in her seat watching Calderon chase her mother’s car.

 

Calderon was arrested and charged with felony murder.  According to police Calderon claimed he was using his weapon in self-defense, although his account of the accident does not match up with that of witnesses.  In a felony murder case, prosecutors do not have to prove that Calderon intended to kill the teenager, as he was committing an act that was dangerous to human life when he opened fire on Randle’s car.

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California prosecutors sue Toyota based on recalled vehicles

The media is reporting that prosecutors in Orange County, California have sued Toyota, alleging the company knowingly sold thousands of defective vehicles.  The California prosecutors filed this as a consumer protection lawsuit.

The development and outcome of this lawsuit will be of great interest to attorneys handling Toyota Recall Lawsuits across the country.  In most of these lawsuits, the victims are alleging that Toyota acted with "gross negligence," which means Toyota would be liable for punitive damages. 


In most states, one of the requirements for imposing punitive damages is that the company knew what is was doing was wrong, but went ahead and did it anyway.  This is exactly what the California prosecutors are alleging.

If you have questions about punitive damages relating to a Toyota recall accident, please contact us.

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Toyota Recall Lawyers announce Database of Toyota Recall Accidents

Our law firm receives numerous calls from people who had some involvement in a Toyota Recall Accident, and therefore have knowledge that will be important in private lawsuits and in government investigations. We are maintaining and updating a database on the circumstances of these prior Toyota Recall Accidents, and the database is contained in this Special Report.

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Lawsuit for Texas husband, father of four killed by tractor-trailer

The family of a man killed when he was hit by an 18-wheeler near Amarillo, Texas has filed a lawsuit against the truck driver and the trucking company.

 

Just before the accident the victim, Mr. Huynh, was driving a Honda Passport west on Interstate 40.  Huynh pulled his Passport over onto the shoulder of I-40 after experiencing mechanical trouble.  While he was on the shoulder a tractor trailer being driven by owner-operator Kuldip Pahal veered off of westbound I-40 and collided with Huynh’s Honda.

 

Huynh was killed in the accident, leaving behind a wife and four children.  After the crash, Pahal was charged with criminally negligent homicide.  Huynh’s widow decided to file suit against truck driver Kuldip Pahal and his trucking company Big Jhanny Trucking Company.

 

The attorney for Mrs. Huynh stated that unsafe truck operations and unsafe truck driving contributed to Huynh’s death on I-40.  Accidents involving passenger vehicles and large trucks often end in death for the occupants of the passenger vehicles, mainly due to the enormous size of most 18-wheelers.

 

It is imperative that accident victims and their families find a skilled truck accident lawyer with REAL EXPERIENCE handling injury / death cases involving 18-wheelers.  Inexperienced attorneys or those who don’t normally handle tractor trailer accidents can be stumped by the intricacies involved in these types of cases.

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Excessive speed factor in fatal Houston car crash that cost two lives

A Harris County car crash has left two motorists dead and another hospitalized.  Veterans Memorial Drive had to be closed for several hours after the accident.

 

The collision happened when a silver 2008 Toyota Highlander entered the intersection near the 10700 block of Veterans Memorial Drive and was hit by a 2004 Mitsubishi which ran a red light.    According to the Harris County Sherriff’s Office, the Mitsubishi was traveling at a high rate of speed – perhaps over 100 miles per hour – when it ran the red light.

 

As a result of the crash the Mitsubishi flipped over and crashed into a brick wall.  The male driver and a female passenger, the only occupants of the Mitsubishi, were both killed.  The driver of the Toyota was taken to the hospital in stable condition.

 

Red light running and excessive speed are two major contributing factors to auto accidents in the Houston area.  The Harris County sheriff’s office has been trying to crack down on dangerous and aggressive drivers in the Houston area.

 

One effort underway to cut down on the number of speed-related accidents is a crackdown on street racing by the Sheriff’s office.  Operations have been conducted this month to deter and catch street racers.  The events are typically well publicized to discourage street racing in the first place.

 

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Texas family sues Toyota after fatal Southlake crash

Four people from Southlake were killed in a crash the day after Christmas while riding in a 2008 Toyota Avalon.  A lawsuit filed by the family of Sharon Ransom, 56, one of the victims claims that an acceleration defect caused the car to accelerate suddenly.

 

The 2008 Toyota Avalon was one of those included in the massive worldwide recall of defective Toyota vehicles for unintended acceleration issues.  In addition to a redesigned floor mat, Camry and Avalon models should be taken to dealers to have the shape of the floor surface under the mat reconfigured to increase the amount of space between the mat and the accelerator pedal.

 

The accident happened when the Avalon failed to stop at the T-intersection of Lonesome Dove Road and Burney Lane not long before noon.  The vehicle, being driven by Monty Hardy, 56, sped down an embankment at 47 miles per hour, crashed through a metal fence, hit a tree, became airborne, and ended up upside-down in a 6 foot deep pond.

 

Tragically police and other citizens who arrived at the scene were only able to rescue one unconscious passenger from the cold water.  The rest were pulled from the vehicle only after it was towed out of the water thirty minutes later – too late for them to have a chance at survival.

 

Driver Hardy and passenger Wendy Akin, 38, were pronounced dead at the scene of the accident.  Another passenger Wendy Akin, 38, and Ransom were taken to a Grapevine hospital where they later died.

 

According to Hardy’s wife, the Avalon had previously had problems with unexpected acceleration and although her husband was taking medication for seizures however the autopsy report showed no evidence of a seizure.  Investigators noted that there is no record of Hardy trying to apply the brakes before the accident.

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Aggravated assault charges against Houston pickup truck driver

Two contract vehicles working in a Houston area construction zone were involved in a serious motor vehicle accident according to Conroe police.  One vehicle, a 2005 Ford F350 pickup truck being driven by Fernando Rodriguez, 30, was traveling at a high rate of speed when the accident occurred.

 

Rodriguez and a street sweeper were headed west in the 1300 block of FM 1488 when Rodriguez, who was towing a trailer, hit the street sweeper.  The sweeper was attempting to make a U-turn in a construction zone.  The driver of the sweeper, Isaac Sheridan, was ejected from the vehicle upon impact.

 

According to witnesses in the case, a newly constructed concrete road was being cleaned by the commercial street sweeper when the crash happened.  The Ford pickup truck was speeding, claim witnesses, and the force of the collision caused the street sweeper’s driver to be thrown from the vehicle.

 

Sheridan had to be taken to Memorial Hermann Hospital in Houston by air ambulance after the crash.  He was listed in critical condition not long after the incident.  The pickup truck driver Rodriguez was taken to Montgomery County jail.  He was charged with aggravated assault with a deadly weapon.  His bond was set at $100,000.

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Argument, high-speed chase lead to Houston hit-and-run car crash

A Houston area celebration turned ugly when revelers got into a fight that ultimately led to a serious traffic crash in the southeast part of the city.  According to police, several individuals became involved in an argument before leaving a party around one o’clock in the morning.

 

One of the couples involved in the argument left the hotel in their car near the intersection of Bay Ara Boulevard and Interstate 45 where the party took place.  They were followed, say investigators, by a man in his car who had also been involved in the fight.

 

The man followed the couple onto Bay Area Boulevard, and gave chase.  The two vehicles reached speeds of up to 100 miles per hour.  According to reports from the incident the man following the couple drove his car into the back of the other vehicle, causing that vehicle’s driver to lose control.

 

The car that was hit veered off the road, ran over several curbs, hit a utility box and several trees.  After rolling over multiple times the vehicle came to a stop.  The driver of the car that hit the crashed vehicle did not stop, and instead sped away from the scene.  Charges are pending against the driver who fled.

 

Both occupants of the crashed car were in stable condition after the accident.  The driver of the car was taken to Clear Lake Regional Medical Center while his female passenger was taken to Memorial Hermann Southeast Hospital.

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Houston Insurance Claim Lawyer: client incorrectly denied ERS benefits

Sergeant Thomas L. Keen was a 35-year veteran with the Harris County Sheriff's Office ("HCSO").  He sustained fatal injuries the day after Hurricane Ike struck the Houston and surrounding areas.  His surviving wife claimed survivor benefits from ERS.  This state agency denied her benefits.

Mrs. Keen hired the Houston Insurance Claim Lawyers at V&B to handle her appeal.  V&B attorneys handled the case in which fifteen depositions were taken of different witnesses.  V&B lawyers presented Mrs. Keen's case at trial to the Administrative Law Judge in Austin, Texas.

The Judge has entered a Proposal for Decision that ERS incorrectly denied Mrs. Keen the survivor benefits, and that the benefits should be paid to her.

This matter is not yet final, however, V&B and Mrs. Keen are very pleased with the current ruling.

For a copy of the Judge's Proposal for Decision, which contains a detailed analysis of the facts and law of this matter, please click on the link below.

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Houston Injury Lawyers announce release of Report on Attorney Websites

V&B Houston Injury Lawyers announce the release of their new report, "Special Report on Attorney Websites:  Watch for these Top 10 Red Flags Before Hiring a Personal Injury Lawyer." 

This Special Report contains information that will help you hire the best lawyer for your personal injury case.

For general information on this new Special Report, and to order your copy, please click on the link below.

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Houston Accident Lawyer teaches how to hire best lawyer for your case

How do you know what questions to ask a lawyer you are considering hiring for a personal injury case?  Look no further.  V&B Board Certified Houston Personal Injury Attorneys reveal SEVEN CRITICAL QUESTIONS you must ask any attorney before hiring them. 

Click on the link below to read the SEVEN CRITICAL QUESTIONS, and why you must ask them.

If you have any questions about how to hire the best attorney for your injury case, please contact our Houston Accident lawyers.

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Houston Personal Injury Attorneys discuss "recorded statements"

After a serious accident, insurance or company representatives typically care about only one thing:  manipulating you in to giving a "recorded statement." 

Have you ever wondered whether that "statement" can later be used against you?

The answer is YES, which is why our Houston Accident Attorneys suggest never giving a recorded statement.

To read more about why you don't want to give a "recorded statement," please click on the link below.

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Houston Accident Lawyers reveal Top 5 Mistakes That Ruin Injury Cases

Are you making major mistakes in your personal injury case?  Many before you have made mistakes that have literally ruined their cases.

V&B Houston Personal Injury Attorneys have identifed the Top 5 Mistakes accident victims make which ruin their cases.  To see these mistakes -- and how to avoid them -- please click the link below.

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How much is my case worth? Houston Accident Attorney Discusses

Want to know how much your injury case is worth?  The quick answer is that it depends on the unique facts of your case.  However, there are common and accepted methods by which parties in litigation try to place a value on cases.

To find out how lawyers and insurance companies value cases, please click on the below article by our Houston Personal Injury Lawyers.

Read More About How much is my case worth? Houston Accident Attorney Discusses...

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$225,000 settlement for family of cyclist killed by Houston fire truck

The family of a woman killed by a Houston fire truck will receive a $225,000 settlement from the Houston City Council.  The woman, Leigh Boone, was seriously injured in March 2009 in a collision between two fire trucks competing to get to a fire that turned out to be a false alarm.  Nine firefighters were hurt in the crash and one other person was injured.

 

When Boone was hit she was standing at the intersection of Westheimer and Dunlavy.  She lived for two weeks in the hospital before she died as a result of her injuries.  An investigation later found that the ladder truck driver was at fault in the accident for failing to use caution.

 

Boone’s family filed a wrongful death claim against the city.  They claimed that they did not want money, but instead wanted changes to the way that fire companies compete for calls.  The family’s wish is that an accident like the one that took their daughter’s life never happens again.

 

Under the law the most that anyone can receive for a wrongful death from a municipality in Texas is $250,000.  According to the city’s attorney, Boone’s family was offered a cash settlement $25,000 below the maximum in order to expedite the process and avoid having the case end up in court.

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Early morning motor vehicle accidents snarl Houston area traffic

Heavy overnight rain in the Houston area contributed to about a dozen auto accidents around the city on or near Friday January 29, 2010:

  • The first accident happened when a tractor trailer truck traveling west on I-10 slid under the U.S. Highway 59 bridge before jackknifing into a guardrail.  As a result of the crash, the guardrail was torn and the 18-wheeler seriously damaged.  The driver of the truck was not hurt in the accident.
  • Another car spun out on South Freeway State Highway 288 near the 610 South Loop exit, and all northbound lanes of the South Freeway had to be closed while the accident was investigated by the Houston Fire Department and the Houston Police Department.
  • Traffic on the 610 North Loop was delayed when two vehicles collided.
  • When three vehicles crashed in the eastbound lanes of Northwest Freeway U.S. Highway 290 near the Pinemont Drive exit, one lane was blocked until just before 6am.
  • One lane of traffic was blocked on the westbound side of the Northwest Freeway when two vehicles crashed near the 610 West Loop exit.  That lane was reopened just after 6:15am.
  • An accident on the Katy Freeway near the T.C. Jester Boulevard exit resulted in one vehicle being moved to the shoulder lane.
  • Two main lanes and one shoulder lane were blocked on the northbound Southwest Freeway near the Gessner Road exit by a tractor trailer accident.  The 18-wheeler remained on the road until about 4:30 in the morning.
  • Lanes on the westbound South Sam Houston Tollway near Almeda Road were blocked by a single vehicle accident until about 6am.
  •  One eastbound lane of the South Sam Houston Tollway was blocked near the South Post Oak Road exit because of a single vehicle crash until about 6:15am.
  • Another single vehicle accident led to the closing of two main lanes and one shoulder lanes of the Eastex Freeway section of U.S. Highway 59 near FM 1960
  • Two main lanes and the right shoulder were closed when four vehicles crashed on the northbound lanes of the Southwest Freeway near the Weslayan Street exit.

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$9.5 million jury award in cruise ship slip and fall case

A man who slipped and fell aboard a cruise ship has been awarded $9.5 million by a Miami-Dade Circuit Court in Florida.  The lawsuit was brought against the Miami based travel company Steiner Transocean, the victim’s employer.

 

The victim, 42 year old British fitness instructor Danny Simpson, was working for Steiner Transocean at the time of the accident aboard the Norwegian Cruise Line’s Norwegian Crown.  Steiner was in the ship’s spa facility, which is operated by Steiner Transocean, when he slipped and fell on a patch of wet floor.

 

As a result of his slip and fall accident, Steiner suffered from a back injury that led to incontinence and impotence.  The floor was wet because it had recently been cleaned by a cruise ship staff cleaner after a woman on a treadmill had vomited on the floor.

 

The lawsuit blamed the cleaner for not drying the floor properly after mopping up the vomit, nor did the cleaner warn Simpson that the floor was wet because it had been cleaned recently.

 

The $9.5 million jury verdict included damages for economic losses, medical expenses, and past and future pain and suffering.  The Miami based Norwegian Cruise Lines previously settled out of court.

 

Papers for an appeal have been filed by Steiner Transocean asking that a new trial be held or the jury award be reduced.  Steiner Transocean maintains that the accident was not their fault because they did not employ the cleaner responsible for contributing to the accident.

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Court awards $1.8M to victim of fishing boat dredge pipe accident

A commercial fisherman has been awarded damages in trial court against a dredging company after his boat crashed into an unmarked dredge pipeline.  The award to victim Timothy Courbin, a commercial crabber, was for $1.8 million.

 

The accident happened on March 14.  Courbin and his daughter, Elizabeth Kight were checking crab traps off of Horseshoe Beach in the Gulf of Mexico for several hours before the incident.  As Courbin was navigating through the beach’s main channel, he saw a large pipeline submerged two to eight inches below the surface of the water.  When his boat collided with the pipeline, Courbin was thrown onto a wooden picking table.  The pipeline ended up lodged between the boat’s outboard motor and the transom.

 

Courbin suffered a back injury in the accident, and as a result suffered from chronic pain that according to the lawsuit made it impossible for him to return to his career as a crabber.  In addition, the pain and discomfort he suffered from his back injury interfered with his daily life.  He was unable to get a normal night’s sleep or play with his grandchildren, for example.  Courbin’s doctor recommended that he stay on a regular regimen of pain killers, and may need epidural steroid injections, IDD therapy and perhaps even surgery.

 

The dredging company, Subaqueous Services, appealed the award on several points, including whether or not it was appropriate for the court to admit evidence of previous accidents that happened along the same pipeline and whether there was enough evidence to give an award for lost future earning capacity, future medical expenses and noneconomic damages.

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Toyota and Honda announce major vehicle recalls this week

Japanese auto giants Toyota and Honda both announced major recalls this week, moves that come at a difficult time for an already struggling auto industry.  Both recalls affect vehicles across the globe.  Toyota’s recall comes after 19 reported deaths from auto accidents, and Honda has one death attributed to their recall issue.

 

Toyota’s recall is especially troubling, as it is an expansion on previous recalls for problems with unintended acceleration.  Late last year Toyota issued recalls for a faulty floor mat / accelerator pedal combination that affected over four million vehicles.  This week’s recall targets sticky throttles, and is expected to affect 2.3 million cars, trucks and SUVs in the U.S. alone.

 

Honda is recalling a total of 646,000 Fit / Jazz and City models worldwide.  140,000 of those vehicles are in the United States.  Countries affected include North America, South America, Europe, South Africa, and Asia.  Japan is not affected.

 

The Honda recall is due to a defective master switch, which could allow water to enter the power window switch and potentially cause a fire.  A total of three fires linked to this defect have been reported.  Two were in the U.S. and one was in South Africa.  In one report, a child died last year when a fire started in a Honda vehicle.

 

The Toyota recall has attracted the attention of the House Energy and Commerce Committee chairman Henry Waxman.  He plans to hold hearings to review consumer complaints about the unintended acceleration problem and try to determine what Toyota and the National Highway Transportation Safety Administration (NHTSA) knew, when they knew it, and what they did about it.

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Offshore smuggling turns deadly when boat capsizes

An offshore search-and-rescue operation had to be launched after a boat capsized off the coast of San Diego.  The accident happened between La Jolla and Del Mar at Torrey Pines when a 30-foot fishing boat was caught in waves as it approached the shore.  The vessel capsized only 15 to 30 feet from shore, and all passengers were thrown overboard.

 

According to authorities, at the time of the accident the waves were about six feet high and breaking hard.  The Coast Guard and the San Diego Fire-Rescue Department coordinated search and rescue efforts, and six people were taken to local hospitals to be treated.

 

One man, an unidentified Latino, died as a result of the incident.  He had been found floating in the water at the scene and efforts to revive him on the way to UC San Diego Thornton Hospital were unsuccessful.  Another of the six injured passengers was reported in critical condition.

 

An additional 10 individuals were rescued unharmed.  All are suspected of being illegal immigrants.  Authorities were unsure how many people total were on the fishing vessel.  A total of 29 life jackets were found after the boat capsized and search and rescue efforts were focused on making sure no additional survivors were left behind.

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Three vessels collide in Port Arthur, Texas

There are reports that three vessels collided today in Port Arthur, Texas.  Apparently the power went out in one of the vessels and the captain could not longer control it.  Reportedly 420,000 gallons of crude oil was spilled.

The companies that own and operate each of the vessels will write incident reports, and the collision will also likely be investigated by the Coast Guard.  Typically these investigations are performed in order to determine who caused the collision.  Whoever caused the collision will likely be held liable for the property damage to the vessels, the spill, and any injuries that may have occurred.

If you have any questions about vessel collisions and liability, please contact the Houston maritime attorneys at Vujasinovic & Beckcom.

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V&B Texas Jones Act lawyer hired for case against Apache & Clean Blast

  A Jones Act seaman was injured while employed by Clean Blast and working on an Apache Corporation jack up rig in the Gulf of Mexico.  The injured worker hired the Texas maritime lawyers at Vujasinovic & Beckcom to assist him.  Because the worker qualifies as a Jones Act seaman, he is entitled to maintenance and cure payments, and he may also be entitled to additional damages in a Jones Act lawsuit.  This matter is pending.

 

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V&B lawyers hired to handle Jones Act case against Tidewater Crewing Limited

See full size imageThe Chief Mate aboard the "Dalen Tide," a tug boat, was injured while in the employ of Tidewater Crewing Limited.  The Chief Mate has retained Vujasinovic & Beckcom to evaluate and handle his Jones Act lawsuit.  This matter remains pending.

For questions about Jones Act cases or offshore injury issues, please contact us.

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Pirates hijack two more ships off Somali coast



Yesterday, a British cargo ship (Asian Glory, pictured above) and a chemical tanker from Singapore, Pramoni, were hijacked off the coast of Somalia.  Each vessel had over twenty crew members.  The pirates have not yet contacted the ship owners, a standard practice in prior pirate hijackings.

The lawyers at Vujasinovic & Beckcom handle pirate hijacking cases, including the case involving the hijacking of the Maersk Alabama.  If you have any questions involving vessel hijacking issues, please do not hesitate to contact us.

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Ex-trooper dies in pickup truck accident

A former Texas state trooper is dead after crashing twice in his Ford F-250 pickup truck.  According to witnesses, the former trooper, Steven William Fetters, 48, ran a four-way stop sign at the intersection of Carter Moore and Longmire in the Conroe suburb and hit an SUV.

 

Fetters left the scene of the accident, but only minutes later rounded a curve on the highway and lost control of his pickup truck.  The pickup rolled over several times, and Fetters and his passenger, 34 year old Anna Faith Burchell, were thrown from the truck.

 

Fetters was pronounced dead at Ben Taub General Hospital.  He was a former Texas State Trooper with the Department of Public Safety’s Montgomery County office.

 

Burchell was taken to Memorial Hermann Hospital Texas Medical Center in critical condition.  No information about the occupants of the SUV was available, although no injuries were reported.

 

There is no known cause for the first crash, and the whole incident is still under investigation.

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Drunken driver kills two, seriously injures another in tragic freeway crash

Four people standing in front of a Saturn after changing the vehicle’s tire were hit by a drunk driver on the Eastex Freeway.  The driver of the car, Marsella Barboa, 39, was in the car with her 10 year old son, Victor Betancourt, when the Saturn’s tire went flat.

 

Barbosa called a friend to help her with the flat tire, and the man arrived with his 17 year old daughter to assist.  Not long after the man finished changing the tire, a drunken driver crashed into the Saturn at a high rate of speed.

 

The impact killed the man who had changed the tire, and also killed his daughter, who was thrown 65 feet from the point of impact.  Barbosa was seriously hurt and left unconscious after the collision.  Her son survived the accident after being thrown over the freeway overpass and landing in a bayou.

 

Barbosa will likely lose her legs because of the serious injuries that she suffered in the accident.  Her son, however, was lucky in that he landed in the bayou below the overpass.  He was not seriously injured and is expected to recover without issue.

 

The drunken driver, Roy V. Boston, 50, told police that he had been drinking, however it is not now known what his BAC was at the time of the crash.  Boston has been in Harris County Jail since the accident and is being held on a total of $90,000 in bonds.  He will likely be charged with two counts of intoxication manslaughter and one charge of intoxication assault.

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V&B attorneys hired to handle double 18 wheeler crash case against Arsh Trucking

Ricky was stopped in his 18 wheeler on I-40 in Flagstaff, Arizona, on his way to deliver a load to California.  A driver working for Arsh Trucking crashed his 18 wheeler in to the back of Ricky's 18 wheeler. 

Arizona State Troopers investigated, and cited the Arsh Trucking driver with causing the crash.

Arsh Trucking has insurance, but the insurance company denied Ricky's claim for unknown reasons.

Ricky hired Vujasinovic & Beckcom to handle his 18 wheeler crash case.  The case is pending in Harris County, Texas.

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Coast Guard vessel kills one, injures five in tragic offshore crash

A tragic offshore boating accident in the San Diego Bay has the Coast Guard investigating one of its own.  As a result of the accident, when happened during San Diego Bay’s annual holiday boat parade and fireworks show, an eight year old boy is dead and two children and three adults have been seriously hurt.

 

The accident happened when five Coast Guard officers crashed into a smaller boat while responding to an incident.  The smaller boat – which was carrying 13 passengers – did not even have time to move out of the way when the crash happened, because the Coast Guard vessel was moving too quickly.

 

The Coast Guard boat crashed into the Sea Ray, The owner of the 26-foot Sea Ray, Alan DeWeese, lost his 8 year old son Anthony Cole DeWeese in the accident.  Two other children had to be taken to Rady Children’s Hospital to be treated for their injuries, and three adults were taken to the University of California San Diego Medical Center for medical care.

 

According to the Coast Guard, the five officers involved in the maritime accident have been removed from active search and rescue duty.  They are continuing their service in an administrative capacity.  It has yet to be determined how fast the Coast Guard vessel was traveling when it hit the civilian boat.

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Somali pirates take crew of 15 hostage on Yemini freighter

Yet another pirate attack has taken place in the Gulf of Aden, when Somali pirates seized a Yemini freighter and took the crew hostage.  The freighter departed from the port of Aden earlier this month and was headed into the Indian Ocean when the attack occurred.  The interior ministry has declined to state where the ship was headed or what cargo it was carrying.

 

According to the ministry, the Yemini Coast Guard has taken the “necessary steps” to recover the ship and its crew, but exactly what those steps are has not been elaborated upon.

 

Piracy has been a lucrative business for Somali pirates.  Plagued by poverty, an unstable government, and few job opportunities, many Somalis have turned to piracy as a way to make a living.  It is a lucrative business, with tens of millions in ransoms being paid so far and likely more to come.

 

Nations are reluctant to fight back too hard against the pirates, lest their attacks become more serious and deadly.  However, given the uptick in attacks naval powers across the globe have sent warships to the Gulf of Aden to try and dissuade pirates from attacking ships.

 

The pirates have responded by widening their target area, making it more difficult for warships to find them.

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Burned Greek cargo ship towed to port of Houston

The fatal fire occurred on the "Aegean Wind" on December 24, 2009.  At the time of the fire, this Greek cargo ship was on its way to Houston, Texas carrying 37,000 tons of iron ore.  Read the initial V&B blog post on this incident. 

News agencies are now reporting that the cargo ship is being towed to the port of Houston for repairs.  We assume that the investigation as to the cause and origin of this ship fire will also take place in Houston.

The Houston, Texas law firm of Vujasinovic & Beckcom handles many cases for Jones Act seamen, including foreign sailors and seafarers who are involved in international offshore accidents (examples:  Filipino seaman case, Indian seaman case).  The V&B law firm also handles cases involving fires.

If you have any questions, please do not hesitate to contact us.

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Nigerian pirates becoming bolder with offshore attacks

The seas are becoming increasingly unsafe for maritime workers, as pirates step up their efforts to attack vessels traveling in foreign waters.  According to maritime experts, Nigerian pirates are extending their reach off the coast of West Africa, making waters near Benin about as dangerous as those frequented Somali pirates on the other side of Africa.

 

Recently, a Liberian vessel was attacked, killing a Ukrainian sailor and wounding two crew members.  The attack on the ship ultimately failed, but not before damage was done.  Only one pirate was captured and turned over to authorities in Benin.

 

According to the London-based International Maritime Bureau, it is possible that the West African coastline sees as many pirate attacks as off the coast of Somalia, but western attacks are, for some reason, reported far less often.

 

Authorities blame poverty, fractured political systems and easy money for the surge in pirate attacks around Nigeria and Somalia over the last few years.  The heavily trafficked areas around Nigeria are ripe for attack, with a high volume of oil tankers, cargo ships, reefers, and tugs navigating the dangerous waterways.

 

It is believed that the oil-rich Niger Delta is attracting both pirates and oil-company vessels, as local pirates fight for a share of the profits.  In some instances, fishermen have turned to piracy to retaliate against ships they accuse of dumping toxic waste and devastating the local fish populations.

 

Regardless of the cause, pirate attacks will continue as long as ship owners offer large cash rewards to pirates for releasing their poorly protected ships.

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Greek freighter catches fire on way to Houston: at least nine foreign seamen reported dead

Please read the V&B law firm blog post on this developing story.

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18 wheeler crashes in to bus stop, two people injured

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Boat accident results in one fatality, five injuries

One person was killed and five injurd when a U.S. Coast Guard patrol boat crashed with a recreational boat at a holiday boating festival in San Diego, California. 

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Three hit-and-run accidents in Houston injure 3, kill 2

Two pedestrians are dead and three members of a family are injured after three separate, unrelated hit-and-run accidents in Houston.

 

In the first pedestrian death, an unidentified man was killed while walking in the 11000 block of Almeda Road.  A northbound vehicle hit the man and left the scene of the accident.  The pedestrian was pronounced dead at the scene; so far no suspect has been found.

 

The other pedestrian fatality happened when a pedestrian was struck by a Nissan Frontier while crossing the South Loop near South Main and Kirby.  The driver of the Nissan left the scene and was found less than a mile away in a retail parking lot, where he was arrested by police.

 

The pedestrian died after the accident, and has not yet been identified.  Police are holding four people, two adults and two juveniles, in relation to the incident.  Three lanes of the South Loop had to be shut down after the accident to allow for a full investigation.

 

The family members were traveling in their SUV when they were struck by a pickup truck that ran a red light.  The accident happened at the intersection of North Post Oak and Old Katy Road.  The SUV, containing four people, rolled over after the impact,

 

As a result of the crash, a woman and her two young children were taken to the hospital to be treated; all are expected to recover.  The woman had been trapped in the wreckage before rescuers freed her.  The pickup truck left behind a license plate in the crash, and police plan to visit the driver’s home.

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Injured dock worker hires V&B law firm for dock accident case

Gerardo was employed by Gulf Stream Marine, working at the docks at the Houston Ship Channel which is regulated by the Port of Houston Authority.  An employee of Richway Cartage, Inc., was driving a commercial truck that hit Gerardo and pinned him against another commercial truck.  Gerardo mainly hurt his leg and back in the accident, and his doctors performed a fusion back surgery.

Although the company investigations revealed the accident was 100% the fault of the Richway Cartage driver, the company and its insurance company denied Gerardo's claim.  Gerardo hired Vujasinovic & Beckcom to represent him. 

The companies continued to deny Gerardo's claim.  A lawsuit was filed in Harris County, Texas.

Thus far, discovery has reinforced what was already known:  the Richway Cartage employee caused the accident and Gerardo's injuries.

The case remains pending.

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V&B law firm succeeds in striking defense witness Charles E. Bain, M.D.

Biodynamic Research Corporation ("BRC") is a company that hires out witnesses to insurance companies to give whatever opinions the insurance companies want.  Much of the time the opinions the insurance companies want is that a person claiming an injury was not really injured.  This opinion almost always contradicts the opinions of the injured person's own doctors.  The insurance companies have paid BRC millions and millions of dollars over the years for this "opinion."

Charles E. Bain, M.D. is a part owner of BRC.  Dr. Bain is also one of BRC's "consultants," and claims to be an expert in "biomechanics," which is a scientific filed that studies how people can be injured in accidents. 

Vujasinovic & Beckcom is handling a case for a gentleman who was injured when an 18 wheeler struck his 18 wheeler.  V&B's client injured his neck and ended up having a neck surgery.  The defendant 18 wheeler driver had insurance with Northland Insurance Company. 

This insurance company hired Dr. Bain to give the "opinion" that V&B's client was not injured in this 18 wheeler crash and the crash did not create any need for the neck surgery.  The insurance company paid over $50,000 for Dr. Bain's "opinion."

V&B lawyers filed a motion challenging the validity of Dr. Bain's "opinion."  In the motion , V&B noted the following:

  *  Dr. Bain is not a specialist in orthopedics or neurosurgery and has never performed spine surgery in his life.

  *  Dr. Bain holds no type of professional engineering license;
 
  *  Dr. Bain has no degree in biomechanics;

  *  Dr. Bain did not inspect the vehicles, the accident scene, or any of the MRI films;

  *  Dr. Bain professed to use the methodology of "injury causation analysis," but this is just a term made up by BRC;

  *  Dr. Bain relied on a crash test from a different case involving a crash that was much different;

  *  Dr. Bain relied on a computer program that had a potential error rate exceeding 1,000%;

  *  Dr. Bain's analysis was not subjected to peer review and was used solely for purposes of litigation;

  *  Dr. Bain's analysis has never been accepted by the scientific community - in fact it has been soundly rejected;

  *  Dr. Bain has been stricken by at least twelve judges in Texas and across the United States.

Judge Mike Engelhart of the 151st Judicial District Court of Harris County, Texas, set a hearing on the motion.  The insurance company and their lawyer brought Dr. Bain to the hearing.  Dr. Bain testified at the hearing, trying to keep the Judge from striking him.  Nevertheless, the Judge ordered that Dr. Bain was stricken from the case entirely.

V&B is handling several additional cases in which the insurance companies have hired and paid Dr. Bain to provide this same "opinion." 

For anyone seeking information and materials on Dr. Bain, including the documented trail of his strike history, please contact us. 

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18 Wheeler accident results in neck injury, V&B lawyers hired to handle case

Richard was working as an 18 wheeler driver for Service Transport Company, Inc.  This company specializes in transporting bulk liquids and chemicals around the country.

Richard was in his 18 wheeler in a small town in Alabama when another 18 wheeler hit him.  This other 18 wheeler had insurance with Northland Insurance Company.

Richard's 18 wheeler sustained more than $7,000 worth of property damage, and Richard hurt his neck.  However, the insurance company denied Richard's claim.

Richard hired Vujasinovic & Beckcom to help him.  After the insurance company's continued denials, V&B lawyers filed a lawsuit in Harris County, Texas.

Richard's doctors diagnosed him with herniated discs in his neck, and he had to have a fusion surgery.

The case remains pending.

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Pirates hijack another vessel off Somalia

An oil tanker bound for the U.S. was hijacked off the coast of Somalia.  The tanker, the M/V Centaurus, had a crew of 28 aboard.  It was bound for New Orleans, Louisiana.  This year, pirates have captured more than 50 vessels off Somalia, and are currently detaining 12 vessels.

The Vujasinovic & Beckcom law firm represents several individuals who were held hostage by pirates when the Maersk Alabama was hijacked earlier this year (and this same vessel was attacked again recently, but the new security measures repelled the attack). 

V&B attorney Brian Beckcom recently spoke out concerning the increasing trend of pirate attacks in this region of the world. 

If you need help after a maritime accident or Jones Act case, please contact the experienced maritime law and Jones Act attorneys at Vujasinovic & Beckcom. 

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Investigation reveals that speed was factor in tragic crash that killed Houston attorney

Data collected from the crash data computer in the vehicle driven by a Houston attorney who was killed in a car crash last month has revealed the cause of the accident.  The vehicle, a Chevrolet Suburban, was being driven at 79 mph – nearly twice the legal speed limit – when it left the road.

 

Attorney John O’Quinn was driving the SUV at the time of the crash.  Data from the crash computer also revealed that Quinn did not apply the brakes before the accident.

 

According to Houston police Quinn and his long-time assistant Johnny Lee Cutliff were rushing back to Quinn’s home to retrieve some papers needed for a mediation.  Quinn lost control of the Suburban on the rain-slicked surface of Allen Parkway near Taft Street.

 

The vehicle slammed into the curb and became airborne, hitting a grassy median before bouncing into the air again, crossing three lanes of traffic and finally crashing into a tree.  Both Quinn and Cutliff were killed instantly from multiple blunt force injuries.

 

There was no trace of alcohol or drugs in either victim, according to a toxicology report.  Neither man was wearing a seat belt.  Crash investigators are still working with data from the crash computer in an effort to ensure the data is valid.

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Houston man killed on I-35 in collision with 18-wheeler

A Houston man is dead after crashing into the back of an 18-wheeler on Interstate 35 southwest of San Antonio.

 

The man, George Hendrickson, 53, was driving a Mitsubishi Montero when the accident happened.  Hendrickson was behind a tanker truck carrying milk.  The tanker slowed down to enter a rest stop near Lytle, and Hendrickson drove his SUV into the back of the truck.

 

The driver of the tanker truck, a woman from Louisiana, was not hurt in the crash.  Hendrickson was trapped inside his SUV as it caught fire and burned after the collision.  He died at the scene.

 

According to the Texas Department of Public Safety Interstate 35 had to be closed for about four hours while the accident was investigated.  Investigators do not believe that alcohol or drugs contributed to the terrible crash.

 

Hendrickson leaves behind a wife and a child, according to friends.

 

As this accident shows, tractor trailer accidents are often deadly for passenger vehicle occupants.  Because of the enormous size difference between 18-wheelers and passenger vehicles, motorists are often badly hurt or killed when they hit or are hit by a large truck.

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Coast Guard calls off search for missing teen lost in boating accident

A boating accident off the coast of California, near Vandenberg Air Force Base, has left one man dead and another missing.  According to a spokesperson from the military base a surfer at the north end of the base near Minuteman Beach found a third member of the boating party, a young man, walking along the beach Tuesday morning.

 

The man, later identified as 19 year old Andrew Schoneman, refused medical treatment and claimed that he did not remember what happened when the crash happened.  He had spent the night on the beach after the boat he was in crashed and did not appear to be injured.

 

Officials believe that the accident happened when the 40-foot recreational boat called “Scarlet Begonia” ran aground the previous evening near Purisima Point, possibly after the boat hit rocks or a reef.  The back end of the vessel was torn off in the accident.

 

The ship washed up on shore and the body of a man, later found to be Kerry Moore, 55, was found on Minuteman Beach.  The man’s 17 year old son, Dylan Moore, is still missing.  According to the Coast Guard 31 nautical miles of ocean and miles of coastline were searched before the air and sea search mission was called off.

 

The Moores were from Laytonville in Northern California.  They had hired Schoneman as a deck hand in Santa Barbara, and were on their way to Morro Bay and then San Francisco.  Two special investigators from the Coast Guard’s marine safety detachment in Santa Barbara are investigating the cause of the accident.

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Crew of Maersk Alabama Suffer Second Pirate Attack in Seven Months

The American flagged Maersk Alabama was attacked for a second time by pirates when the vessel was about 600 miles off the coast off the northeast coast of Somalia as it traveled towards Mombasa. 

 

According to the U.S. Navy four pirates in a high-speed skiff opened fire with automatic weapons on the Maersk, which was just attacked this past April when their captain was taken hostage by Somali pirates.  This time, however, a private security team was on board, and they were able to thwart the attack with evasive maneuvers, gunfire, and long-range acoustical devices.

 

The Maersk was not the only ship attacked recently in waters off the Somali coast.  A Spanish vessel, the Alakrana was hijacked recently as was the MV Theresa, a ship crewed by North Koreans who lost their captain in a gunfight.  The Spanish government is suspected of having paid a $3.5 million ransom to the pirates to secure release of 36 member crew and their fishing vessel.

 

An AP report covering the recent pirate attacks notes that pirates are becoming especially bold in their hijacking attempts as they roam further from their bases seeking boats to capture and crews to ransom.  In fact, right now Somali pirates have 14 commercial vessels in their control and are also holding a British couple hostage.  The couple was captured by pirates while out on their sailboat near the Seychelles in October.

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Piracy called “global issue” by International Maritime Organization

As the number and boldness of armed pirate attacks on ships traveling off the coast of Somalia and in the Gulf of Aden increases, an international organization has called it a “global issue”.

 

At the 26th assembly of the International Maritime Organization (IMO), whose mission statement is “Safe, Secure and Efficient Shipping on Clean Oceans”, participants were focused on discussing the growing danger of piracy to the global shipping trade.

 

The IMO has been working closely with a number of international government and non-government organizations to combat piracy.  Organizations include the United Nations, African Union, League of Arab States, the European Union, NATO and the Combined Maritime Forces.

 

Pirate attacks dominate the agenda of many maritime discussions these days, which is understandable considering that the number of attacks in East Africa have skyrocketed in the last two years.  The combination of poverty, unstable governments and poor job opportunities have led many coastal Africans to resort to piracy as a relatively easy way to bring in a huge amount of money in a short time frame.

 

According to data from the IMO, there were 135 Southern Africa pirate attacks in 2008: 11 in the first quarter, 23 in the second, 50 in the third and 51 in the fourth.  Last year a total of 44 ships were hijacked and over 600 crew members held for ransom.

 

The IMO has called piracy a symptom, not a cause – which means that the roots of piracy (poverty, political instability, high unemployment) will have to be tackled before international waters will be relatively safe again.

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Couple hires V&B law firm after car accident caused by employee of Centerpoint Energy, Inc.

Haydee was driving the family passenger car with her husband, Juan, as a passenger.  They were driving north on Jensen.  A Toyota Tacoma pick up truck driven by an employee of Centerpoint Energy, Inc. passed them on the right and turned directly in front of them while attempting to make  U-turn.  This caused the front of the family car to hit the driver's side of the Centerpoint truck.

An officer with the Houston Police Department investigated this car accident, and charged the Centerpoint driver with changing lanes when unsafe.

Haydee and Juan both suffered various orthopedic injuries in the crash.  Even though the investigating officer cited Centerpoint's driver in causing the crash, Centerpoint Energy denied the couple's claim.  After the denial, the couple hired Vujasinovic & Beckcom to handle their car accident case. 

V&B lawyers have filed the case in Harris County, Texas.  This car accident case is still pending.

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V&B lawyers hired to handle industrial accident case against British Petroleum

A pipe fitter employed by Southeast Texas Industrial Services, Inc. has hired Vujasinovic & Beckcom to represent him in his industrial accident case against British Petroleum.  The pipe fitter was working at the BP plant in Texas City, Texas, assisting in attaching a large spool to some flanges.  The spool was rigged up to a crane, which was being operated by a BP employee.  The BP crane operator caused the load to move in a matter that one of the straps attaching the load to the crane broke, causing the spool to swing up and back and strike the pipe fitter.

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V&B attorneys hired by family in workplace death case

A worker was on the job at a worksite at Hobby Airport in Houston, Texas.  Cherry Demolition, Inc. was performing demolition work.  Also, a staffing company, Marek Brothers Systems, Inc., supplied many workers at this job.  During demolition activities, the worker fell from a building, sustaining fatal injuries.

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Houston police investigating fatal truck crash that killed motorist

A car crashed into a tractor trailer on U.S Highway 59 Southwest Freeway last Thursday near Wilcrest, leading to one fatality and the closure of all southbound traffic lanes for over 5 hours.

 

According to police, a black Pontiac veered into the 18-wheeler at the Sam Houston Tollway, killing the car’s driver, a 22 year-old man, on impact.  The driver was the only occupant of the car; the driver of the large truck was not killed.

 

The tractor trailer crashed when he tried to avoid colliding with the car, causing the truck to separate from the trailer and overturning the truck’s trailer onto the HOV lanes of Hwy 59.  The southbound lanes of Hwy 59 – including the HOV lanes – had to be closed for the investigation and to clear the wreckage.

 

The accident is still under investigation and the victim’s name has not yet been released.  Police are not certain if alcohol was a factor in the crash.

 

Truck crashes are often fatal for passenger vehicle occupants because of the enormous size difference between tractor trailers, which can weigh over 80,000 pounds, and passenger vehicles, which weigh a fraction of that.

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Texas Supreme Court reverses $5.1 million verdict against Union Pacific in motorists death

According to the Texas Supreme Court, a Harris County judge should not have taken the Union Pacific railroad to trial over the death of a motorist in 1994.  The $5.1 million verdict issued against the company was reversed when the justices unanimously agreed that reflective tape on a railroad crossing counts as a warning device.

 

The motorist, Billy Limmer, drove his pickup across railroad tracks as a Union Pacific train was approaching.  He died instantly in the resulting crash, and his family sued claiming that Union Pacific failed to provide warning devices and failed to clear the view.

 

Union Pacific argued that they taped reflective strips onto the rail crossing using federal funds under a safety program enacted by the Texas legislature five years earlier, which counted as a warning device.

 

One of the Texas Supreme Court justices agreed, calling reflective strips “traffic control devices” under federal regulations and adding that the railroad was under no obligation to clear the pile of gravel that the suit claimed blocked the view of the oncoming train.

 

The justice also noted that fatalities at railroad crossings dropped 56 percent from 1980 to 2004, so it was clear that the safety program was working.

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Lawsuit brought by rail worker suffering from physical and mental pain

A man working for a railroad company is seeking compensation for injuries he suffered while employed.  The victim, Frederick Bedford, filed his lawsuit earlier this week in Jefferson County District Court.

 

The suit is against his employer BNSF Railway Company, which used to be known as The Burlington Northern and Santa Fe Railway Company.  Bedford seeks an unspecified amount in addition to post-judgment interest, costs and any other relief the court may deem appropriate.

 

According to the lawsuit, Bedford was injured on-the-job on October 12 while employed as a railroad worker at BNSF.  The suit does not specify how Bedford was injured.

 

Because of the accident, Bedford allegedly suffered great physical and mental pain, suffering and anguish and lost wages.  Bedford also incurred medical costs associated with injuries he sustained in the accident.

 

Under the Federal Employers' Liability Act (FELA), injured railroad workers must file a lawsuit against their employer in order to receive compensation for injuries sustained on the job.  Negligence on the part of the rail employer must be shown in order to win a FELA case, which can make them very challenging.

 

Please visit our FELA and Railroad Injury law library to learn more about these types of cases.

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Train hits 18-wheeler in East Texas

An East Texas man driving a tractor-trailer narrowly escaped injury when his vehicle became stuck on railroad tracks near Hallsville.  The truck driver was headed towards a Trinity Industries, Inc. facility near U.S. Highway 80 when his 18-wheeler got caught on the tracks.

 

When he noticed a train approaching, the truck driver jumped out of his vehicle to escape injury.

 

Even after being alerted by law enforcement officials the train operator was unable to stop the train in time to avoid hitting the stranded tractor-trailer.  The train was traveling at about 42 mph, well under the posted 60 mph limit for trains, but the length of the train made stopping difficult.

 

No injuries or spills were reported as a result of the incident, however traffic was backed up while the incident was investigated and cleaned up. As a precautionary measure, a Hallsville Emergency Medical Services truck and a West Harrison County fire truck were dispatched.   A tow truck also had to be brought in to clear the damaged truck from the train tracks.

 

The driver of the tractor-trailer had no comment about the incident and would only remark that he was from the East Texas area.  A Texas Department of Public Safety Trooper commented to reporters that incidents like this one happen “all the time”.

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V&B lawyers settle wrecker accident during trial for 14 times the pre-trial offer

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V&B law firm hired by foreign Jones Act seaman in offshore accident case

A Filipino worker was hired by Offshore Specialty Fabricators, Inc. to work as a welder aboard the D.B. William Kallop.  While welding, a foreign object penetrated the worker's eyes, causing serious and permanent eye injuries. 

The worker is a Jones Act seaman, and therefore entitled to maintenance and cure.  In addition, if the Jones Act employer was negligent or if the vessel was unseaworthy, the worker has rights in a Jones Act lawsuit. 

This worker consulted with a lawyer in his homeland, the Philippines.  This attorney contacted Vujasinovic & Beckcom, and asked the V&B lawyers to handle the case.

V&B lawyers have filed the case in Harris County, Texas, where Offshore Specialty Fabricators, Inc. maintains some offices.

Vujasinovic & Beckcom handles many cases for foreign Jones Act seamen.

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Global pirate attacks on the increase

Pirate attacks on the high seas are increasing.  The first nine months of 2009 has seen more pirate attacks than all of 2008.  More than half of the attacks were carried out by Somali pirates.

Vujasinovic & Beckcom is currently handling several pirate attack cases, including the case based on Somali pirates attacking the Maersk Alabama.

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Three killed in car crash, Texas teen charged with manslaughter

Three people are dead after being involved in a car accident with a pickup truck being driven by an 18 year old East Montgomery County man.

 

The teenage pickup truck driver, Casey McKinley, was allegedly driving at a high rate of speed and weaving in and out of traffic eastbound on South Loop 336 when he ran a red light at the intersection of 336 and FM 1314.

 

According to witnesses McKinley’s Dodge Dually struck a Mazda passenger vehicle that was headed north on FM 1314.  The driver of a vehicle headed east on South Loop 336 was also involved in the accident and was transported by ambulance to a local hospital.  The driver of a fourth vehicle was not injured in the crash.

 

A spokesperson for the Conroe Police Department said that at least one person had to be cut out of the Mazda with the Jaws of Life and two of the car’s occupants were flown by medical helicopter to Memorial Hermann Hospital in Houston’s Texas Medical Center.

 

McKinley was taken to a local hospital to be treated for his injuries and arrested up on his release.  He is in jail on $150,000 in bonds and has been charged with three counts of manslaughter.

 

All three occupants of the Mazda hit by McKinley were killed.  The deceased include driver Craig Steven Rector, 50, Felicia Hicks, 20, and Freedom Fitch, 24 all of Splendora.

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National Guard Humvee goes airborne, kills three on Texas interstate

The drivers of a National Guard Humvee, a tractor-trailer, and a passenger car are all dead after a bizarre six vehicle crash on Interstate 35 in Troy, Texas.

 

The accident happened when a National Guard Humvee went airborne and crossed the concrete barrier between the north and south lanes of I-35.  While airborne the Humvee sheared the top off of a passenger car and then crashed into the cab of an 18-wheeler.

 

The tractor-trailer then collided with a truck towing an SUV on a flatbed trailer, and a dump truck hit the trailer of the 18-wheeler.  No other vehicle occupants were injured in the crash.

 

The Humvee driver, Altha Gibson, 21, of Desoto died at the scene and is believed to have been a member of the National Guard.  The driver of the car she hit, Douglas Ashcroft, 41, of Austin, also died at the scene as did the driver of the tractor-trailer, Donald Johnson, 44, of Burleson.

 

It is not yet known what caused the Humvee to become airborne and the cause of the accident is still under investigation by the Troy Police Department with special assistance from the Texas Department of Public Safety. 

 

According to reports it was raining when the collisions occurred.  The Temple Fire & Rescue squad was called to the scene because of a fuel leak that occurred as a result of the accident. 

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Bus carrying high school band crashes in Utah

A bus carrying a Utah high school band swerved off of an Idaho Interstate and crashed on its side.  An instructor was fatally injured, and several students were injured.  Two of the students were rushed by helicopter to a Utah hospital.  Further updates on this fatal bus accident will be forthcoming.

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Houston Press reports on death of D.B. Cooper's Mansion club employee that is subject of dram shop case handled by Vujasinovic & Beckcom

Esther Saenz, an 18 year old who used to work at D.B. Cooper's Mansion, died in a drunk driving highway crash on October 14, 2008.  That evening, the bar's management knowingly enabled Esther to get intoxicated and drive her car away from the club.  Shortly after this death, the Harris County Attorney's Office shut down this club, based on drug and prostitution charges.

Esther's family hired Vujasinovic & Beckcom to file and handle a dram shop lawsuit against D.B. Cooper's Mansion.  V&B lawyers filed this dram shop case in Harris County District Court.

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Toyota floor mat recall too late for California family

Toyota recently issued its largest recall ever -- because floor mats in many of its vehicles are prone to jam the accelerator, which can obviously lead to serious accidents.  However, this recall was too late for Guadalupe Gomez, whose 2007 Toyota Camry lost control and accelerated to over 100 miles per hour on a San Jose highway.  The Camry crashed into another vehicle and burst into flames, killing the driver.

If any other accidents have been caused by floor mats on Toyotas jamming the accelerators, persons injured as a result will have a legal claim against Toyota.  These claims will be good whether the accident happens before or after the recall.

If you have any questions, please contact us at Vujasinovic & Beckcom, as we handle many cases involving defects in automobiles, including floor mat jam acceleration cases.

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Toyota announces largest ever planned recall for “unintended acceleration”

After an off-duty police officer and his family were killed in San Diego when their Lexus raced out of control due to a jammed accelerator, Toyota Motor Corporation has announced that it is planning a massive recall.

 

The victim called 911 before he crashed, panicked because the accelerator was stuck and he could not turn off the car, which had a push-button start / stop.  The car was reportedly traveling at 120 miles per hour when it crashed.

 

Reports of “unintended acceleration” have haunted Toyota since 2004, and to date the issue is blamed for 13 crashes, 17 accidents and five deaths.  Toyota first recalled the all-weather mats for its Camry and Lexus ES 350 models in September 2007.  That problem was fixed by installing a firmer place to secure the mats.

 

Toyota has asked drivers to remove the mat on the driver’s side and go without any mat until they come up with a solution.  Drivers have been advised to not use even a paper mat, which could wad up and jam, leading to an accident.

 

The recall decision was affected by the presence of a stop / start button in some Toyota models.  The button must be pushed for three seconds before the car will turn off, which as the tragic San Diego accident reveals can be problematic in a panicked situation.

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Houston Ship Channel Partially Closed due to Oil Spill

A collision between a vessel and a barge resulted in 10,500 gallons of oil being spilled into the north tip of the Houston Ship Channel Friday night.  It will take about three weeks to clean up the spill, according to the U.S. Coast Guard, during which time the area will be closed to all vessel traffic north of the Sidney Sherman Bridge.

 

The accident happened when a 458 foot long vessel tried to turn around near Brady Island.  During the maneuver, the vessel struck Buffalo Barge #251, damaging one of the vessels fuel tanks and causing the leak of heavy fuel oil.

 

To prevent the spill from growing even larger, the vessel’s crew transferred the remaining fuel out of the ruptured tank and into an empty fuel tank on board the vessel.  A 10,500 gallon spill is categorized by the Coast Guard as a “medium” spill (the threshold for this size spill is 10,000 gallons).

 

According to the U.S. Coast Guard the spill is significant enough to disrupt business and incur a cost of thousands of dollars to clean.  Maritime companies affected by the channel closure will have to wait it out or place an insurance claim to make up their losses.

 

At least 10 vessels ranging from tugs to barges are trapped in the affected area until the channel reopens.

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Union Pacific Railroad faces FELA lawsuit from injured rail worker

Pacific Railroad Company has filed a FELA suit against the rail company.  The injured man is asking for over $50,000.

 

The man, John A. Neal, was working as a machine operator and trackman in November 2007 when he suffered bilateral inguinal hernias while on the job.  To treat these hernias, Neal had to undergo surgical treatment.

 

Neal was again injured in July 2008 while trying to remove a rail spike as part of a job assignment.  This injury led to a herniated disk in his back, requiring painful spinal surgery.

 

In addition to the injuries Neal sustained his suit alleges that his work caused excess wear on his upper and lower extremities, aggravated his hypertension, caused him to lose muscle strength and agility, and resulted in the permanent loss of physical function in his spine and lower back.

 

Neal’s suit accuses Union Pacific of failing to provide a safe work environment, requiring him to perform jobs that required excessive use of his body parts, failing to warn Neal about the risks of his job, requiring Neal to use unsafe tools and equipment to perform his job, and subjecting Neal to tasks requiring repetitive motion without adequate equipment.

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Man killed after pickup truck collides with garbage truck

A man was killed just after his birthday in Spring when he crashed his pickup truck into a garbage truck.  The 27-year-old man, whose name has not been released, was headed westbound on Spring Cypress Road when the auto accident happened.

 

The accident occurred about 3am.  According to investigators the man was traveling at a high rate of speed when he crashed into the garbage truck.  At the time of the crash the garbage truck was blocking the westbound lanes of Spring Cypress Road because it was parked at an angle.

 

After the crash the pickup truck driver was taken to Houston Northwest Medical Center to be treated for his injuries, however he later died.  The operator of the garbage truck may face charges from the Harris County District Attorney’s Office as a result of the accident, but so far no charges have been filed.

 

An autopsy will be performed on the pickup truck driver to determine if he was under the influence of drugs or alcohol when the accident happened.  Investigators noted that he did try to stop when he saw the garbage truck blocking his way, as there were skid marks on the road.

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One man dead and ten injured after SUV rollover crash

A man died and ten others were hurt after the sport utility vehicle they were driving in rolled over in Conroe.  The deceased victim was a 61 year-old Houston driver who was traveling south of FM 1488 on the Interstate 45 frontage road.

 

The late night accident happened at 11:30pm Tuesday when the Ford Explorer SUV left the roadway for unknown reasons.  The SUV rolled over when it left the road.

 

The driver, who has not been identified, was killed in the accident.  Of the 10 other occupants none was wearing a seat belt nor were there any age-appropriate child restraints in the vehicle for the children who were hurt.

 

At the time of the accident an infant was riding in a woman’s lap and three people were riding on the floor of the Explorer.  An 11 year-old child was taken to Memorial Hermann Hospital The Woodlands after being thrown from the SUV but later had to be airlifted to Texas Medical Center by Life Flight.

 

An autopsy was ordered on the deceased driver by a Montgomery County Precinct 2 officer.  The accident is being investigated by Conroe police.

 

Rollover accidents, while less common than other types of accidents, can be deadly.

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V&B lawyers hired for Greyhound bus accident case

A couple and their two minor children were passengers on a Greyhound bus which was travelling in North Carolina when the bus driver fell asleep, causing the bus to crash in to an 18 wheeler and then roll over.  All of the family members sustained serious injuries in this bus accident.

After Greyhound denied their claims, the family hired Vujasinovic & Beckcom to handle their accident case.  V&B lawyers filed the case in Harris County, Texas, where Greyhound's headquarters are located.  The case is set for trial on June 7, 2010.

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Crane collapse lawsuit update: Judge denies request to change venue

Many of the crane accident cases were initially filed in Jefferson County, Texas, where Deep South crane company maintains one of its principal places of business.  Some of the cases were filed in Harris County, Texas.  All of these cases, including the Jefferson County cases, were transferred by an MDL order to a judge in Harris County to handle all of the pre-trial matters. 

Deep South asked the Harris County judge to permanently transfer all of the Jefferson County cases to Harris County.  The parties briefed this issue very heavily.  Today, the Harris County judge entered an order denying the crane company's request to transfer the cases.

This means the Jefferson County cases will go to trial in Jefferson County, not Harris County.

Many of the workers injured in this crane collapse are represented by Vujasinovic & Beckcom.

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Injured seaman hires V&B lawyers for Jones Act case against Transoceanic Cable Ship Company, Inc.

A deckhand working aboard the TYCO DECISIVE has hired Vujasinovic & Beckcom to handle his Jones Act case against Transoceanic Cable Ship Company, Inc.  The deckhand, who is a member of the Seafarers International Union, was helping a co-worker stack lines when he slipped on water that cause him to violently fall to the ground.  The deckhand had to have spine surgery because of the accident. 

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Family hires V&B lawyers to handle life insurance denial case

Vujasinovic & Beckcom has been hired by a family whose claim for life insurance benefits was denied by Lincoln National Life Insurance Company.  The insurance company denied the family's claim for $385,000 in benefits, claiming the family intentionally misrepresented material facts when it applied for the insurance.  V&B lawyers are actively developing the case, which is pending in the United States District Court for the Southern District of Texas, Houston Division.  The insurance company is being sued for wrongfully denying the claim and for bad faith insurance practices.

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Trial date set in sulphuric acid eye injury case

A district judge in Harris County, Texas, has set a preferential trial date for a case against Hoyer Global (USA), Inc.  A company had sent one of its tanker-trailers to Hoyer Global to be cleaned.  The tanker-trailer was used to transport sulphuric acid.  Hoyer Global worked on the tanker-trailer and returned it to the company, with a "Certificate of Cleanliness" incidating it had properly cleaned the product.  However, Hoyer Global failed to clean out a "scrubber" which is an integral part of the tanker-trailer.  When a worker was working on the product, the scrubber released sulphuric acid into both of his eyes.  The worker is permanently legally blind in both eyes as a result of this incident.  Inexplicably, Hoyer Global continues to deny any responsibility.  The judge scheduled the trial to begin on February 1, 2010.  The worker is represented by Vujasinovic & Beckcom.

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Deep South crane company admits negligence in crane collapse lawsuit

Litigation involving the July 18, 2008 Deep South crane collapse has been ongoing for just over a year.  Several employees of Deep South, the company that owned and operated the TC 36000 crane, have given deposition testimony.  Based on the testimony of these Deep South witnesses, it is clear that that company's negligence was the cause of the crane collapse.  Particularly, the crane went into "overhaul," this was not recognized by the Deep South crane operators, the overhaul caused "instability," which in turn caused the crane to collapse.  An overhaul alarm was not set, which would have given a warning to the operators.  The Deep South operators did not physically measure various angles on the crane to verify there was no overhaul risk.  There was no external or independent angle indicator set on the crane.  Further, it appears that the primary crane operator was not qualified to be operating this crane, and Deep South did not give him the proper training.  Among other things, this crane operator moved the boom too high, which contributed to cause the overhaul, instability, and eventual collapse.

It appears that Deep South's attorneys have realized that they have no liability defense, as they have admitted in court papers that their client's negligence was a cause of the crane collapse.

Many of the workers injured in this crane collapse are represented by Vujasinovic & Beckcom. 

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Rail engineer, rail company being sued in deaths of woman, unborn child

The Kansas City Southern Railway Company is facing a lawsuit from a man who claims that the rail company is responsible for the death of his wife and unborn child.  The victim, heather S. Balven, was driving a Ford F-150 pickup truck when she was hit by an Amtrak train.

 

Kathy M. Richardson was engineering the Amtrak train along Kansas City Southern railroad tracks when she collided with the pickup truck.  The accident happened near the Seventh Street railroad crossing in Hartford this past March.

 

At the time of the accident Mrs. Balven was three months pregnant.  Mr. Balven claims that as a result of his wife’s death, he has incurred funeral costs and has lost his wife’s society, companionship, love, affection, guidance, economic support, emotional support and consortium.

 

In addition, the complaint goes on to say that when Balven was killed her next-of-kin had to endure grief, sorrow and mental suffering.  Kansas City Southern is at fault in Mrs. Balven’s death because they:

·         Failed to maintain the crossing and the right of way in a safe manner;

·         Failed to place adequate warning devices at the crossing;

·         Failed to maintain adequate safe sight distances for motorists driving on the road that leads up to the crossing; and

·         Failed to properly clear the right of way of foliage, brush, trees, and other plant growth.

 

The complaint alleges that Ms. Richardson is at fault because she failed to keep a careful lookout and failed to give a timely warning that her train was approaching a crossing.  Balven is asking for over $200,000 plus costs and other relief.

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Driver crashes into back of pickup truck, dies

A man is dead after driving his car into the back of a stopped truck on the Sam Houston Tollway.  According to the Harris County Precinct 4 Constable’s Office the pickup truck had pulled over to the side of the road so one of the passengers could get out to check the load they were carrying on a trailer.

 

As the passenger was on top of the trailer tightening a strap that was holding down the load, a car crashed into the trailer.  Investigators do not know why the driver of the car hit the stopped pickup truck, but theorize that the driver may have drifted out of his lane because of a slight curve in the road where the accident happened.

 

The pickup truck passenger fell from the trailer onto the road when the car hit.  He broke his leg in the fall, but no other injuries were reported and the driver was unharmed.

 

The driver of the car was taken by helicopter to Memorial Hermann Hospital Texas Medical Center to be treated.  He died at the hospital.

 

This is the second accident involving a stopped vehicle.  Earlier this month two people were killed when a tractor trailer smashed into the back of their car as they were stopped in the left lane of a road.

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Texas man dies after driving into moving train

A Texas driver who crashed his car into a moving train is dead, leaving behind questions about why he hit the train.  The man was alone in the car when the accident happened, and died at the scene of the accident.

 

Witnesses and police claim that the man was driving with two flat tires when he smashed into the train.  The driver was driving over the speed limit when the accident happened and police say he may have hit a sign before crashing.

 

Police stopped the train several miles away from the accident scene.  The conductor of the train, a Kansas City Southern train, was not aware that his train had been hit.

 

The driver of the car should have had ample warning that the train was approaching.  An officer at the scene claims that the railroad crossing gates were lowered and the lights were flashing to warn drivers about the train.

 

The medical examiner will conduct toxicology tests on the deceased man to determine if drugs or alcohol played a role in his death.  His identity has not yet been released.

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Skipper of sightseeing tour fined after disastrous cruise

A skipper accused of unsafe operation of a vessel and who allegedly caused grievous bodily harm to two of his passengers has been fined $10,000 (Australian dollars).

 

The skipper, Terry Marr, 50, plead guilty in Southport Magistrates Court to the charges.  He was in charge last year when passengers boarded his vessel for a whale watching cruise.  According to court testimony, as the vessel approached open water he instructed passengers with small children to leave the bow area.

 

The passengers who chose to remain on the bow were thrown around when the vessel encountered a series of large waves.  Several passengers were injured and one man in his 40s was thrown overboard.

 

A 12 year old boy broke his arm and his leg, and a 28 year old woman shattered her kneecap because of the rough waves.  The swell was estimated to be 1.8 to 2 meters high.

 

Marr was not convicted but will be required to pay the fine.  Cruise ship injuries are not uncommon and can happen in any country and during any kind of weather.

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Oil tanker collides with bulk carrier, missing crew not expected to survive

The missing crew members of an oil product tanker that crashed with a bulk carier in the Straits of Malacca are not expected to have survived the accident.  The collision highlights the dangers facing vessel crews trying to navigate ships through the crowded straits.

 

Officials in Malaysia noted that since the tanker caught fire, the crew may have been caught in the cabin or engine room, unable to escape.  Not only could the crew have been trapped, but the fire, smoke, heat and lack of oxygen due to the fire probably contributed to a quick death.

 

The rescue operation is being headed up by the Malaysian Maritime Enforcement Agency, and while they are not optimistic about the missing crew’s chances they have so far rescued sixteen other crew members.  Of the nine missing members, two bodies have so far been recovered.

 

The missing crew members were on a Liberian-flagged vessel that was carrying about 53,000 metric tons of naphtha.  Naphtha, a light oil product, is a very flammable product and could have easily ignited as a result of the crash.

 

Maritime accident experts are investigating the incident to try and determine the cause of the crash.

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18 wheeler rear ends car, resulting in two deaths

Rosenberg - An 18 wheeler rear ended a Saturn in Rosenberg, Texas on U.S. 59 near Loop 540.  The Saturn had stopped in the far left lane.  The Saturn burst into flames upon impact, resulting in the deaths of the driver and passenger.  Houston and Rosenberg police are in the process of identifying the victims.

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Another deadly crash on I-35 in Gainesville

Gainesville -- Three people were killed on I-35 in Gainesville, Texas when an 18 wheeler rear-ended a vehicle, causing multiple collisions with other vehicles.  Apparently, this occurred in a construction zone that has seen several prior crashes.  The Texas Department of Transportation is investigating this construction zone to determine whether it contributed to cause this crash and any of the prior crashes.  The investigating State Troopers indicate the driver of the 18 wheeler, James Crayton, will likely face several charges related to the crash.  Alcohol and drug tests administered to Mr. Crayton remain pending.

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Did sleeping truck driver cause serious car crash?

Harris County plaintiffs in a lawsuit filed this month allege that in 2007 a truck driver fell asleep while driving and crashed into the back of a vehicle, injuring two men.

 

The truck driver, Brandon L. Dover was driving a truck for WB&B Enterprises along Texas Highway 73 when he allegedly fell asleep.  Dover’s failure to control his speed caused him to crash into the plaintiff’s car, seriously injuring them.

 

The injured men, driver Victoriano V. Varelas and passenger Bartolo Santos, filed a lawsuit against the trucking company and the driver.  The lawsuit states that Dover failed to keep a proper lookout, failed to apply his brakes, drove too fast for road conditions, failed to maintain a reasonable distance between himself and the car in front, fell asleep at the wheel, and failed to control his speed.

 

The plaintiffs claim that as a result of the accident they have suffered physical pain, mental anguish, physical disfigurement and physical impairment.  They also incurred property damage, loss of use, and costs for repair.

 

In addition the men claim to have incurred medical costs and have lost their earning capacity, household services, and wages.  These damages are expected to continue into the future.

 

The lawsuit seeks unspecified damages, pre-and-post-judgment interest at the maximum rate allowed by law, costs and any other relief to which they should be entitled.

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Coast Guard investigation of major Mississippi River oil spill completed

A waterway accident that resulted in 280,000 gallons of fuel oil being dumped into the Mississippi River last summer has been under investigation by the Coast Guard.  The Coast Guard conducted an intense analysis of the circumstances surrounding the spill, interviewing witnesses and those tied to the case in a trial-like proceeding.

 

The Coast Guard investigating officer Melissa Harper presided over seven months worth of hearings and is expected to deliver her findings in New Orleans and later Washington D.C.  Full details of the final report have not been released, but witness testimony has been damning.

 

The oil spill happened when an oil barge was pushed by a towboat into the path of an oncoming ship.  When the ship collided with the barge oil was spilled into the Mississippi requiring a massive cleanup effort and necessitating closure of the river for a week.

 

Investigators found that at the time of the accident the towboat ‘Mel Oliver’ was being piloted by an unsupervised apprentice mate – not a fully licensed captain.  The towboat’s assigned master-licensed pilot Terry Carver testified that he abandoned the vessel several days before the crash in order to visit his girlfriend in another state.

 

The apprentice mate John Paul Bavaret was left behind as sole captain of the towboat, which is a violation of Bavaret’s license.  He should have been supervised by a superior, however additional testimony revealed that apprentices at the helm of towboats was not uncommon.  In addition, crew members testified that Bavaret was asleep at the helm when the crash happened.

 

Maritime experts predict that the findings in this case could lead to dramatic changes for the shipping industry, especially in regards to how boat captains are licensed and trained.

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Vioxx skeptic also critical of Avandia

Vioxx critic attacks Avandia over heart attack risk "An analysis linking the widely used diabetes drug Avandia to higher risk of heart attacks represents a serious blow to GlaxoSmithKline PLC and underscores how outside critics have been empowered to challenge big-selling drugs after the outcry over the withdrawn painkiller Vioxx. Glaxo rang up more than $3 billion in world-wide sales of Avandia last year. Its share price fell more than 7% after the New England Journal of Medicine released the analysis by prominent cardiologist Steven Nissen of the Cleveland Clinic, who helped raise early safety concerns about Vioxx. The analysis suggested that people on Avandia have a 43% higher chance of suffering a heart attack." Anna Wilde Mathews, Wall Street Journal 5/22/07 (Subscription Only)

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KTM North America Recalls 20,000 Off-Road Motorcycles

Large recall of motorcycles which pose a safety hazard "In cooperation with the U.S. Consumer Product Safety Commission (CPSC), KTM North America Inc., of Amherst, Ohio, is voluntarily recalling about 20,000 Off-Road Motorcycles. The seal around the fuel tank can loosen allowing fuel to leak, posing a fire hazard to consumers."

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Latest product recalls - Infant Swings

Infant Swings In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Fisher-Price, of East Aurora, NY, is voluntarily recalling about 112,000 (an additional 15,000 were sold worldwide) Rainforest Open Top Take-Along™ Swings. Infants can shift to one side of the swing and become caught between the frame and seat, posing an entrapment hazard. Other Product Recalls this Week

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U.S. Government Warns of Defective ATVs

The government yesterday warned that children could be injured or killed because of major defects in an all-terrain vehicle produced in China. The Kazuma Meerkat 50 Youth All-Terrain Vehicle, imported by Kazuma Pacific Inc., of Stafford, Texas, has no front brakes, no parking brake and is missing a neutral indicator light. In addition, the vehicle can be started in gear and the owner's manual does not contain complete information on its operation and maintenance, according to the Consumer Product Safety Commission (CPSC), which is in charge of product recalls. Wickedpowersports.com, an online retailer, lists the Meerkat 50 at $645 and describes it as "without a doubt the most popular Youth ATV/Kids ATV to come out of China," and as "recommended" for 6-year-olds. However, the Texas company is not cooperating with the CPSC, and the agency's lack of a chairman is preventing it from asking an administrative law judge to force the company to recall the vehicle. The commission cannot force a recall if a company does not cooperate without going to either an administrative law judge or federal court. Commission spokesman Scott Wolfson said it has been "many years" since the commission announced a unilateral safety warning about a product in a case in which the company refused to conduct a recall. The commission said Kazuma Pacific refused to provide complete incident or injury information for any of its products, so the CPSC could not figure out how many children may have been injured. Between December and May, the company "impeded CPSC's efforts to protect the safety of children" by refusing to implement a plan to fix the ATV's defects. The company did not return telephone or e-mail requests for comment yesterday. It has sold at least 2,700 Meerkat 50 ATVs and has said it will continue to do so. Kazuma dealers and Web retailers nationwide have sold the vehicle since 2003 for $525 to $825

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Lawmakers seek to strengthen child safety rules for infant and toddler products

House lawmakers are looking to push through legislation that would require manufacturers to provide registration forms for infant and toddler products such as strollers and cribs, thereby improving the success rate of recalls. The proposed legislation, along with three other acts under consideration, aims to bump up the effectiveness of the Consumer Product Safety Commission, which monitors 15,000 types of products.

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Lead Paint Forces Recall of Toy Trains

Parents whose youngsters play with Thomas & Friends wooden trains, take note: Lead in the trains' surface paint has prompted their importer to recall nearly 1.5-million of the popular toys. The importer, RC2 Corp. of Illinois, announced that the toys, manufactured between January 2005 and April 2007, pose a danger to young children, who are likely to chew on the toys and expose themselves to lead. The toys were manufactured in Chinese factories not restricted by a 1978 American ban on lead paint domestically. "The most important thing now is for parents not to delay - this is a serious hazard, " said Scott Wilson, spokesman for the U.S. Consumer Product Safety Commission, which is working with RC2 on the recall. "Parents do need to take the product away from the child." Wilson said his agency works with Chinese manufacturers to encourage them to meet U.S. safety standards for products exported to this country. According to a statement by RC2, no illnesses or injuries have been reported as a result of contact with these toys. Parents in the Tampa Bay area said they were concerned about the potential for exposure to lead paint and other environmental toxins, though many interviewed said their children began playing with the trains after they stopped chewing on their toys. "They have faces, so they're not just a toy, they're more like a person, " said Ulrica Fraley, of Tampa, whose 4-year-old son Wilson played with the toys. Dee Dee Bland, whose 9-month-old son, Robby, is too young still for Thomas trains, said she tries to stay aware of potentially dangerous chemicals found in toys and other household objects. Bland stopped using plastic to store her son's food after reading articles in Child magazine about toxic substances that can leech out of it. Still, she said, it's "probably not enough." About 4 percent of wooden trains sold by RC2 are affected by the recall. Twenty-six different types of Thomas toys are being recalled, most of which have been painted red or yellow. Karen Liller, an expert on child injury at the University of South Florida, said lead can accumulate in a child's nervous system, damaging brain development and potentially causing learning difficulties. "Once that happens, irreversible damage can occur, " she said. She said symptoms of lead exposure can include loss of appetite, sluggishness and vomiting. A simple blood test for lead can be done on children as young as 6 months, and she said parents should contact their pediatrician or their local health department if they are concerned. In the meantime, parents should be open with their children about why they can't play with some of their toys anymore, said Anne Eason, a licensed child psychologist in South Tampa. Children will notice if some of their toys just disappear, and Eason suggests parents make a small ritual of boxing up the Thomas trains to return them to the manufacturer. "These particular trains are almost objects of obsession with some kids, " said Eason, who said her daughters used to love Thomas trains. "Recognize that kids are going to have a grief reaction." Sarah Mishkin can be reached at smishkin@sptimes.com or 813 225 3110. FAST FACTS What parents should do Visit recalls.rc2.com or call 866-725-4407 to get information on returning recalled items for an exchange. Manufacturing codes are located on the bottom of the product. Toys labelled "WJ" or "AZ" are not included in the recall. Concerned parents can call their child's pediatrician and request a blood test for lead.

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Chinese Tires Recalled

June 26, 2007 Chinese Tires Are Ordered Recalled By ANDREW MARTIN Federal officials have told a small New Jersey importer to recall 450,000 radial tires for pickup trucks, sport utility vehicles and vans after the company disclosed that its Chinese manufacturer had stopped including a safety feature that prevented the tires from separating. Tread separation is the same defect that led to the recall of millions of Firestone tires in 2000. At the time, tire failure was linked to an increased risk of rollover of light trucks and S.U.V.’s. The company, Foreign Tire Sales of Union, N.J., had originally sought the federal government’s help with a recall, saying it did not have enough money to recall all the tires itself. Typically, importers are responsible for the cost of recalling defective foreign products. But officials at the National Highway Traffic Safety Administration said it remained the responsibility of Foreign Tire Sales to pay for the costs of the recall, said Heather Hopkins, a spokeswoman for the agency. She said the agency wanted “a full tire recall” by the company. The defective tires join a growing list of problematic products with origins in China. A huge recall of potentially tainted pet food in March was followed by widespread reports of toothpaste manufactured with a toxic chemical and toys coated with lead paint. Ms. Hopkins said the agency’s top officials were “outraged” that Foreign Tire Sales’ executives waited more than two years to pass on their suspicions about problems with the tires. The company first suspected problems in October 2005. Almost a year later, in September 2006, the Chinese manufacturer, Hangzhou Zhongce Rubber, a former state-owned company based in eastern China, acknowledged that a gum strip that prevents the tread from separating was left out of the manufacturing process. Lawrence N. Lavigne, a lawyer for Foreign Tire Sales, said the company did not alert the National Highway Traffic Safety Administration about the problems until June 11 because officials had no definitive proof of a manufacturing flaw until it was revealed by further testing in May. He said it made no sense to initiate a recall based on suspicions. Jeffrey B. Killino, a personal-injury lawyer from Philadelphia, said the company came forward only after it was named as a defendant in a lawsuit, filed in May, involving an accident in which two construction workers were killed and a third was severely injured when a van rolled over. The lawsuit contended that the accident was caused by tread separation in a Hangzhou Zhongce tire. Earlier, an ambulance in New Mexico rolled over after a Hangzhou Zhongce tire came apart, though there were no significant injuries, according to documents supplied by Foreign Tire Sales to the federal safety agency. An official at Hangzhou Zhongce Rubber, reached late Monday, declined to comment. The defective tires are sold under the brand names Westlake, Compass, Telluride and YKS, Mr. Lavigne said. Tire separation led to a much larger recall in 2000. Firestone recalled 6.5 million tires after at least 271 people were killed and hundreds more injured in accidents involving its tires coming apart. It is not clear how many defective tires might be on the road. Hangzhou Zhongce has refused to tell Foreign Tire Sales’ officials how long it omitted the gum strip from its manufacturing process, Mr. Lavigne said. Foreign Tire Sales said it believed that it purchased about 450,000 of the tires in question from the Chinese company. Hangzhou Zhongce sold the tires to at least six other importers or distributors in the United States. Foreign Tire Sales, which has just seven employees, buys foreign tires, imports them and then resells them to domestic distributors. Mr. Lavigne said the company did not physically handle the tires. The company began negotiating with Hangzhou Zhongce in 2000 to design and manufacture radial tires for light trucks. The tires were supposed to exceed federal safety standards, partly by including a gum strip between the plies to prevent separation, and ultimately passed a road test in which they were driven 40,000 miles, Mr. Lavigne said. In October 2005, the company said it became concerned because of a sharp increase in customer complaints about the Hangzhou Zhongce radial tires. In investigating the complaints, Foreign Tire Sales’ officials became suspicious that Hangzhou Zhongce was manufacturing the tires without the gum strips or with inadequate gum strips, but the Chinese company denied it. Tests of tire segments conducted by an outside firm were not conclusive but “seemed to indicate that there were no gum strips or insufficient gum strips in the inspected tires,” Foreign Tire Sales wrote in its June 11 report to the National Highway Traffic Safety Administration. Hangzhou Zhongce admitted in September 2006 that it had “unilaterally decided to omit the gum strips” in the tires, the report says. The Chinese company was “generally unresponsive” when asked how many tires were involved and what they were going to do to resolve the problem, the report says. Foreign Tire Sales stopped buying the light-truck tires from Hangzhou Zhongce in June 2006. In May, Foreign Tire Sales conducted another round of road tests using 2005 Hangzhou Zhongce tires. This time, the tread separated after just 25,000 miles, the report said. Mr. Lavigne said it appeared that Hangzhou Zhongce at times used no gum strips on the tires and in other instances, used half the amount of gum strip that was required by its agreement with the company. Since Foreign Tire Sales maintains no inventory of tires, he said the company would have to buy new tires for every tire that was returned in the recall. That, added to the cost of disposing of the old tires, he said, would cost about $200 for each tire. “We don’t really know where to start,” he said. “There’s no way F.T.S. can recall this universe of tires. It will have to go belly up.”

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Accidents Raise Safety Concern For Chines Tires

23. Accident Raises Safety Concerns On Chinese Tires “A fatal auto accident in Pennsylvania has stirred concerns about another potentially hazardous Chinese product in wide use in the U.S.: tires. About 450,000 Chinese-made tires sold in the U.S. -- and possibly many more -- may lack an important safety feature, according to federal regulators and the U.S. distributor that helped design them. But the task of identifying who bought the defective tires and getting them off the road has been complicated by litigation and holes in the nation's product-recall system. The tire defect comes in the wake of several other high-profile safety problems involving Chinese products, including the discovery of lead paint on children's toys and hazardous materials in Chinese-made toothpaste and in wheat gluten used in pet food.” Timothy Aeppel, Wall Street Journal 6/26/07

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Dangerous Pool Drains - Young Girl Injured by Dangerous Pool Drain

Pool Drain Pulls Small Intestine Out Of Young Girl (WCCO) Minneapolis A 6-year-old Edina, Minn. girl has been hospitalized after a horrific accident at a swimming pool. Abigail Taylor was severely injured Friday when she sat over an open drain hole in a wading pool at the Minneapolis Golf Club. Now Abigail's father has a warning to other families: Pool and hot tub drain accidents are a hidden danger that many of us don't understand. Abigail has big brown eyes, a dazzling smile and at just 6 years old she has already competed in local swim meets. "She loves to swim," said her father Scott Taylor. Her love of swimming is why her family didn't think twice when she played at a kiddie pool at the family's golf club on Friday night. Taylor said as Abigail was getting out of the pool, she fell. "She more or less blacked out, she passed out, fell face-first onto the pool decking," he said. The family thought it was a seizure. An ambulance rushed her to Children's Hospital in Minneapolis. Several hours later a surgeon said Abigail was lucky to be alive. "The suction had caused a two-inch tear in her rectum and had basically disemboweled her by pulling out her small intestines, almost all of it," said Taylor. Her father said a search of the pool filter turned up Abigail's intestine. He said Abigail was seriously wounded because the cover of the drain had been removed. In most public pools the drain cover is screwed in and cannot be pulled off. According to the Consumer Product Safety Commission, the pressure on some pool drains can be as strong as 300 pounds per square inch. "It never even crosses anybody's mind that potential at the bottom of that pool is enough force to literally disembowel a child, an adult," said Taylor. Abigail will have to be fed intravenously for the rest of her life and will have to have a colostomy bag. "We view it as a miracle that she's still with us," her father said. She is improving. Wednesday morning she stunned her family by asking a question. "She said, 'Am I going to be on the news?' She said, 'Why do you ask?' She said, 'Because I want to make sure this doesn't happen to anyone else,'" recalled Taylor. Since 1990, 170 people, mostly children, have been caught in drains and 27 of them have died. Legislation is pending that would require pools and hot tubs to have multiple drains to ease the suction. Some pools have a safety vacuum cutoff which shuts down if someone is trapped. New drain covers which cost less than $50 can also help. According to the Associated Press, an official at the golf club expressed sympathy for the family and said he didn't think anything was wrong with the pool, but referred questions to the club's attorney, who declined to comment.

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Gerber Baby Cereal Recalled for Choking Hazards

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Hasbro Easy-Bake Oven Recalled

Hasbro Inc., the world’s second-largest toymaker, recalled about one million Easy-Bake Ovens after receiving reports of serious burns and 278 incidents of children getting hands or fingers caught in openings. The company, based in Pawtucket, R.I., had offered repair kits for the ovens in February after receiving 29 reports. It decided to recall the toys after learning that part of a 5-year-old girl’s finger had to be amputated because of a severe burn, a spokesman, Wayne Charness, said. People should stop using the ovens and contact Hasbro for instructions to exchange the toy for a voucher, the company said. Ovens sold before 2006 are not part of the recall.

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Pacifiers Recalled Due to Choking Hazard

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Dara Linda’s Baby Bling and Jewelry Design, of Davie, Fla.; Bling Toes, of Cherry Valley, Ill.; Baby Bling Things, of Appleton, Wis.; PeaNaPod Bling and Accessories, of Fort Wayne, Ind.; and MJM Crystal Designs, and of Boca Raton, Fla., are voluntarily recalling about 1,000 Pacifiers. These pacifiers fail to meet federal safety standards for pacifiers. The pacifiers’ crystals can separate easily, posing an aspiration and ingestion hazard to young children. http://cpsc.gov/cpscpub/prerel/prhtml07/07254.html Other Product Recalls this Week http://www.cpsc.gov/

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Fisher-Price Recalls Dora the Explorer Dolls

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Chinese Tires Recalled - Again!

NEWARK, N.J. (AP) - A tire importer said Thursday it would recall 255,000 Chinese-made tires it claims were defective because they lack a safety feature that prevents tread separation. The recall involves half the number of tires that the importer, Foreign Tire Sales Inc., had identified in June as possibly posing a risk. The models involved are steel-belted radial replacement tires for pickups, vans and sport utility vehicles that consumers bought from early 2004 through mid-2006, Foreign Tire Sales said. The small company, based in Union, was ordered by the National Highway Traffic Safety Administration in June to recall as many as 450,000 tires that it bought from Hangzhou Zhongce Rubber Co. since 2002. "Consumers should know that the affected tires meet all federal motor vehicle safety standards. But we went the extra mile by testing them and determining that they did not meet our standards, which are more rigorous," Richard Kuskin, president of Foreign Tire Sales, said in a statement. Hangzhou Zhongce said it fully cooperated with NHTSA and "has not found any evidence that the ... tires at issue contain any structural defects or are missing any safety features." The recall is among a series of recent problems involving imports from China. Products including toys, toothpaste, seafood and pet food have been recalled. Information on the tire recall was to be posted at Foreign Tire Sale's Web site, . Consumers can also call a toll-free number, 888-899-9293.http://www.foreigntire.com The recall applies to Westlake, Compass and YKS brand tires in these sizes and models: _Size LT235/75R-15, models CR861 and CR857, with a DOT number beginning 7DT5FTS. _Size LT235/85R-16, models CR860, CR861 and CR857, with a DOT number beginning 7DT2FTS. _Size LT245/75R-16, models CR860, CR861 and CR857, with a DOT number beginning 7DT3FTS. _Size LT265/75R-16, models CR860, CR861 and CR857, with a DOT number beginning 7DT4FTS. _Size LT31X10.5 R-15, models CR857 and CR861, with a DOT number beginning 7DT6FTS. Although Foreign Tire Sales did not make the tires, it is responsible for the recall, under U.S. law. NHTSA ordered the recall after Foreign Tire Sales told the agency that some of Hangzhou Zhongce's tires were made without a safety feature, called a gum strip, that helps bind the belts of a tire to each other. Some of the tires had a gum strip about half the width of the 0.6 millimeter gum strip Foreign Tire Sales expected, the importer said. It said it contracted for Hangzhou Zhongce to provide gum strips, but the manufacturer changed the design without informing Foreign Tire Sales. Hangzhou Zhongce has denied that, asserting that the design did not include a gum strip. It also called the basis for the defect determination by Foreign Tire Sales "highly questionable." The manufacturer has also told NHTSA that it has received just 11 claims for property damage from the nearly 450,000 tires purchased by Foreign Tire Sales, a rate it called "extremely low." The repairs averaged $1,722, "which is consistent with minor fender well damage," Hangzhou Zhongce said. Hangzhou Zhongce also said it paid just 1,540 warranty claims for such items as ride disturbance and sidewall issues, which are not related to the alleged defect. The details of the recall come a month later than Foreign Tire Sales had initially expected. Company spokesman Andrew Frank attributed the delay to gathering information from the manufacturer. "The recall was complicated," he said. Tread separation was what prompted the nation's largest tire recall, which involved 17 million Firestone tires in 2000. Foreign Tire Sales alerted federal authorities of potential problems after it became embroiled in litigation involving the tires and Hangzhou Zhongce. Foreign Tire Sales said it became concerned about Hangzhou Zhongce tires in October 2005 amid an increase in warranty claims. It began talks with the Chinese company, then commissioned its own tests. It sued Hangzhou Zhongce in U.S. District Court in Newark on May 31, charging that its tests found that the tires may fail earlier than tests provided by Hangzhou Zhongce showed. Foreign Tire Sales was sued May 4 by the families of two men killed when a van they were riding in crashed near the town of Jim Thorpe, Pa., in August 2006. The driver and another passenger in the van are also suing. Hangzhou Zhongce said it made three of the four tires on the van, but they were not the recommended size for that vehicle. The fourth tire, a Michelin, was the proper size, but mismatched tires pose a risk, the Chinese company said. The company added that it has not yet been allowed to examine the vehicle and does not know if the accident was caused by tire failure. Foreign Tire Sales does not have a warehouse. It has tires shipped directly to distributors, who in turn send them to retail outlets. --- On the Net: Foreign Tire Sales: http://www.foreigntire.com National Highway Traffic Safety Administration: http://www.nhtsa.dot.gov

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Mattel to Recall More Toys

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Three People Killed in Post-Crash Car Fire in Houston, Texas

The Houston Chronicle is reporting that three people were killed when their car burst into flames after being struck. It appears clear that an intoxicated driver caused the initial crash. One wonders, however, why the car itself burst into flames? Most cars are supposed to be designed so that they do not catch fire following a collision. Below is an excerpt from the story: HOUSTON -- A driver was charged Sunday in connection with a fiery crash that killed a family of three, KPRC Local 2 reported. Houston police said Juan Felix Salinas, 41, was three times over the legal limit of intoxication when he slammed his van into a Toyota Corolla on the East Freeway near McCarty Street at about 8:30 p.m. Saturday. The car burst into flames upon impact, investigators said. Shermery Williams, his wife Tenisha and her 2-year-old son, Xavier, were killed instantly, police said. "They were just a happy little family, just starting out," said Robert Williams, Tenisha Williams' father. The couple was married on July 7. "She was married to the one guy that really understood her," Robert Williams said. Tenisha Williams' mother said she tried to call her daughter at least 20 times, but never got an answer.

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Mattel Recalls More Dangerous Chinese Toys

The Wall Street Journal and other news sources are reporting that toy maker Mattel issued recalls for millions of Chinese-made toys that contain magnets that can be swallowed by children or could have lead paint. The recall includes 7.3 million play sets, including Polly Pocket dolls and Batman action figures, and 1.5 million die cast cars that contain lead paint.

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Product Recall - Warming Throws Recalled Due to Fire and Burn Hazard

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), International Home Fashions Inc. (and sister company Bilt-Safe Technologies), of Black Mountain, N.C. and Ningbo Veken Elite International Trading Company Ltd., of China, are voluntarily recalling about 37,100 Classic Beauty Rest Electric Warming Throws. unching, folding or tucking of these electric throws can cause them to overheat, resulting in smoldering, melting, fire and burn hazards.

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Ford Recalls 1,500 Explorers and Mountaineers

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General Mills Recalling 5 Million Frozen Pizzas

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Scissor Lift Lawsuit

Vujasinovic & Beckcom was retained by the family of a worker who felll from a Genie GS 1930 scissor lift.  The worker sustained a serious and permanent brain injury as a result of the fall.  Genie manufactured the scissor lift.  Rental Service Corporation ("RSC") rented the scissor lift. 

If you have any information as to incidents or lawsuits involving Genie scissor lifts or scissor lifts provided by Rental Service Corporation, please contact Vujasinovic & Beckcom.

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Man With 'Popcorn Lung' Sues Kroger

A suburban Denver man believed to be the only consumer to develop "popcorn lung" from regular servings of microwave popcorn filed a lawsuit Tuesday claiming injury from the artificial butter flavoring that previously sickened only popcorn factory workers.

Wayne Watson's attorney, Kenneth McClain, said the lawsuit filed in U.S. District Court names Kroger (KR) and two of its divisions: grocery store King Soopers' parent company, Dillon Cos. and food distributor Inter-American Products.

A spokeswoman for Kroger said the company does not comment on lawsuits.

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Ardisam Tree Stand Manufacturer Fined for Dangerous Tree Stands

Ardisam, Inc. of Cumberland, Wisconsin, is paying $420,000 to settle a suit by the Consumer Product Safety Commission alleging that it failed to report personal injuries suffered by hunters using its tree stands when the stands unexpectedly detached from trees.

The company allegedly became aware of at least nine injury incident reports as early as 2000, the company did not report the matter to the CSPC until July, 2004 when it recalled the tree stands, which were marketed under the names “Big Foot” and “Lite Foot”. Under federal law, manufacturers, distributors and retailers are required to immediately report to the CPSC information about products that could create a substantial risk of injury or that create an unreasonable risk of serious injury or death. In making the settlement, the company did not admit that it violated the law in this case.

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Fentanyl Pain Patch Recalled

On February, 12th, 2008, all 25-microgram-per-hour patches that expire on or before December, 2009 sold in the U.S. were recalled by Johnson & Johnson. 
The recall includes Duragesic and Sandoz brands, both of which are manufactured by the Johnson & Johnson subsidiary Alza Corporation. 

The recall occurred as a result of the potential for a cut along one side of the drug reservoir where fentanyl is stored in gel form, causing a leak of the gel. As fentanyl is a dangerous opioid drug, patients and caregivers who come in contact with a leaking patch may have difficulty breathing, or potentially be victims of a fatal overdose. 

This recall follows a 2004 recall of five lots of 75-microgram-per-hour patches for leaking defects.  Many other lots, of all sizes, that were not recalled suffered from leak defects as well.

In addition to reports of leaking patches, the FDA has investigated deaths and life-threatening side effects in patients who never should have been prescribed the patch. 

Fentanyl pain patches are approved for moderate to severe chronic pain.  They should be prescribed only to patients who are accustomed to powerful narcotic drugs.  The reports of improper prescribing of the patch prompted. the FDA in December of 2007 to issue its second Public Health Advisory regarding fentanyl pain patches. 

The Public Health Advisory stated that "reports indicate that doctors have inappropriately prescribed the fentanyl patch to patients for acute pain following surgery, for headaches, occasional or mild pain, and other indications for which a fentanyl patch should not be prescribed."

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Implantable Medical Devices May Expose Patients To Security, Privacy Risks

Some medical devices such as implantable cardiac defibrillators and pacemakers are now equipped with wireless technology, allowing for remote device checks and freeing patients from repeated doctor visits. But this convenience may come with unanticipated risks. A team of researchers from three leading universities has demonstrated that patients' private medical information could be extracted and their devices reprogrammed without the patients' authorization or knowledge.


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Suit alleges defective seatbelts in Nissan caused injuries

While driving his 1997 Nissan Pathfinder, Michael Guillory was hit by a vehicle that failed to stop at a stop sign.

Although he states he was properly wearing his seatbelt, Guillory believes he was injured because the Pathfinder failed to protect him and the seatbelt unlatched and failed to restrain him.

Guillory filed a product liability suit against Nissan on March 10 in the Marshall Division of the Eastern District of Texas.

The lawsuit states that another vehicle, driven by Jeffrey Moon, disregarded a stop sign and crashed into Guillory's vehicle. The plaintiff says his injuries are a result of the Nissan being "not reasonably crashworthy, and not reasonably fit for unintended, but clearly foreseeable, accidents."

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Baxter, Supplier Say Heparin Taint Was Deliberate

Baxter International Inc. said its blood thinner heparin, linked to 81 deaths, appears to have been deliberately contaminated.

The drug's main ingredient was contaminated before reaching the Chinese factory of Baxter's supplier, Scientific Protein Laboratories, executives of both companies testified at a U.S. House hearing today. The Food and Drug Administration suspects the contamination was deliberate, though there isn't proof, according to the agency.

Baxter recalled heparin, used to prevent blood clots, in January of this year after reports of harmful side effects. Since January 2007, 81 people have died after allergic reactions, the FDA said on April 21. Tainted heparin made by other drugmakers has been found in more than a dozen countries since Baxter's recall, and regulators have said they don't know how it was introduced.

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More Mexican candy recalled due to high lead levels

An El Paso distributor has voluntarily recalled another type of Mexican candy because of high lead levels.

Mexican Specialty Products El Loco, Inc., is recalling JOVY brand of Acirrico Sour and Hot Powder, manufactured by Procesadora de Alimentos Cale, S.A. de C.V.

The candy is made of orange grains, packaged in white plastic containers with a red, shaker-style lid. The label has red letters and a picture of a red chile above the product's name, according to the Texas Department of State Health Services.

DSHS tested the product and found it had lead levels from 0.2 to 0.4 parts per million. Levels above 0.1 parts per million are considered a health hazard by the U.S. Food and Drug Administration.

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Children's Product Industry Put in Regulatory Bind

The $33 billion-plus U.S. children's product industry faces increasing state efforts to regulate its products while Congress wrangles over federal rules that won't be in place in time for this year's holiday shopping season.

That could fuel consumer worries about another slew of safety recalls and leave many makers of children's products uncertain about how to comply with a proliferation of state standards and a federal framework that still is uncertain.

Mattel Inc., which had to recall millions of toys last year because of problems that included potentially deadly high-power magnets, said it supports tougher federal standards that give the industry clear and uniform rules.

"Some states have passed extremely restrictive laws that, depending on how they are implemented, may make it impossible to sell many safe toys in these states," said Mattel spokeswoman Lisa Marie Bongiovanni, who said the company supports uniform national standards of regulation. "Fifty different state standards will create a confusing patchwork of regulations, limit certain toys sold in some states, drive up costs for consumers and will not substantively increase toy safety," she said.

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FDA Joins Pilot Program To Boost Overseas Inspections

The U.S. Food and Drug Administration will join with European Union and Australian authorities to conduct overseas inspections, an area where the FDA has acknowledged it lacks resources.

Under the pilot program, the three governments will plan, allocate and conduct inspections of drug-manufacturing facilities, according to a news release Wednesday from the U.S. Department of Health and Human Services.

The inspections will initially focus on makers of ingredients active in drugs, but will expand to other manufacturing facilities if successful. Such active ingredients are more likely to create severe reactions than nonactive ingredients.

The FDA has come under intense criticism for its lack of overseas inspections after a widely used blood thinner was contaminated and imported from China earlier this year. The blood thinner, heparin, has been linked to more than 80 deaths in the U.S.

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Officials Investigate Infants' Heparin OD at Texas Hospital

Texas authorities are investigating the death of two infants after a Corpus Christi hospital gave 17 babies in its neonatal unit an overdose of the blood-thinning drug heparin.

Christus Spohn Hospital South said it has yet to determine if the deaths of the children, who were twins, are related to a heparin overdose that left another infant in critical condition. Twelve other babies remain in stable condition after receiving a dose that may have been 100 times too strong, while two more babies have been released from the hospital.

 

Two pharmacy staff members voluntarily took leave pending an investigation, and the 17-year-old parents of the two children who died have hired an attorney.

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Case Reveals Cracking Problem in Great Dane Flatbed Trailers

Houston, Texas -- Vujasinovic & Beckcom is currently handling a case in which a passenger car made contact with the back of a Great Dane flatbed trailer.  According to government regulations and safety rules, trailers must have "underride guards" in place on the backs of the trailers.  These underride guards are designed to provide safety in the event a passenger car hits the rear of a trailer, which the trailer industry admits is a foreseeable event.  If there were no underride guards on trailers, when cars hit the back of them, it is likely that the car will "underride" the trailer.  This means the car slides under the trailer.  When this happens, typically the trailer will come crashing in to the compartment space of the car, usually resulting in catastrophic injuries and death.  The underride guards are designed to prevent passenger cars from underriding the trailer, in that they stop the car before it completes the underride process.

In this particular case, upon impact the underride bar on the Great Dane trailer simply broke off, which allowed the car to underride the trailer.  This caused massive intrusion in to the compartment space of the car, and horric injuries to the young mother and her toddler son.

Vujasinovic & Beckcom consulted with multiple experts in various specialty fields.  The experts found cracks on this trailer where the underride guard was attached, before it broke off in this crash.  Then, the experts located many similar Great Dane trailers across the United States, and inspected them for cracks.  The results of these experts' work is astonishing.  They located multiple Great Dane trailers which exhibit almost the exact same cracking pattern as existed on the trailer in this case.

What does this mean?  It means that there are likely numerous, perhaps thousands, of Great Dane trailers on our public roadways with a most serious hidden danger:  underride guards that are in place, but don't work.  It is as if none of these Great Dane trailers have any underride protection at all, protection the government mandates they provide.  And, this is worse than if the trailers simply did not have underride guards, because at least they could be easily spotted and removed from the roadway.  No, these trailers have the underride guards in place, and upon looking at them, anyone would assume the trailers are safe.  This is because they cannot see the creeping cracking patterns developing behind the equipment, which renders the outwardly visible underride guards virutally useless. 

This hidden danger resulted in horrific injuries to the young mother and her toddler son who hired Vujasinovic & Beckcom.  If nothing is done about this problem, it will likely cause more catastrophic injuries and certainly deaths in the future.

If you or someone you know has experienced a similar problem, please ask them to contact our law firm.



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Navy helicopter crash kills 3 in Texas

Three crew members died in a fiery Navy helicopter crash near Corpus Christi, Texas, a military spokesman said, and a fourth is hospitalized in critical condition.

The Navy MH-53 Sea Dragon helicopter crashed in a field about four miles south of Corpus Christi on Wednesday just after 8 p.m. It caught fire after impact, said Ed Mackley with the Naval Mine and Anti-Submarine Warfare Command.

Copter wreckage came to rest near guide wires of a 1,000-foot TV tower for Public Broadcasting System affiliate KEDT, according to the Corpus Christi Caller-Times. Authorities refused to tell The Associate Press whether the Sea Dragon collided with the tower.

A witness reported a huge fireball and booming noise shortly after the crash. Rescuers found bodies of three crew members about 2:30 a.m. on Thursday, Mackley said.

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NTSB issues report on fatal Texas airplane crash

A preliminary report from the National Transportation Safety Board, indicates that B.J. Carnes crashed his single engine airplane while attempting to perform his final stunt for a crowd of about 1,200 during a celebration at the T-Bone Ranch outside of Valera.

Carnes, 38, according to the report, had planned to fly his Shannon RV-8, a home built airplane, on three low altitude passes during the celebration and he was to end each pass with a pull up.

“During the pull up from the third pass, the airplane was seen to roll to the left, followed by a steep dive into a car parking area,” the report states. “The airplane turned approximately 270 degrees from the start of the pull-up until it impacted the ground.”

Carnes, a Brownwood firefighter, was pronounced dead at the scene.

The NTSB report shows that Carnes was conducting a personal flight according to federal regulations, but without a flight plan. The report indicates Carnes flew from the Brownwood Regional Airport to the Coleman Municipal Airport on July 3. He then drove from Coleman to the private ranch in Valera, where he had been asked to perform a flyover during the Independence Day celebration at the ranch. The report indicates that Carnes looked over the area and then flew over as well.

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Texas family killed in plane crash

Four people were killed in a plane crash that was discovered Sunday on Mount Guyot, approximately seven miles northwest of Jefferson and approximately one mile west of Georgia Pass.

The plane had been missing since Friday.

Park County Coroner Sharon Morris said the cause of death for the four passengers was related to the crash and following fire.

She identified the victims as Thomas Jacomini Jr., 45, Susie Jacomini, 38, and their two children Thomas III, 8, and Victoria, 6. The family was from Texas.

According to a Summit County Sheriff's Office press release, the plane left Steamboat Springs bound for Texas.

The last radar contact with the plane was southeast of Green Mountain Reservoir north of Silverthorne.

"Radar images show the plane entering Summit County on the northern end of the county and then going off radar, which is not unusual, but never showing up where the radar normally begins to reveal aircraft again on the southern end of the county at the Continental Divide," according to the release.

At approximately 1 p.m. on Sunday, a hunter scouting for possible hunting locations discovered the wreckage. The hunter then called the Summit County Sheriff's Office to report the discovery.

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2 hurt in Central Texas plane crash

 

Two men are hospitalized after the crash of a small plane on a Central Texas baseball diamond.

Authorities say the single-engine Cessna was flying from Sugar Land to Waco when 39-year-old pilot Cole Reed of Georgetown experienced engine problems.

He tried to make an emergency landing at the Caldwell airport, but the plane struck a light pole at the nearby baseball field and crash landed on the infield about 6 p.m. Wednesday.

There were no injuries on the ground, where players and coaches were in the outfield. Reed is in critical condition at Scott and White Hospital in Temple. His 24-year-old passenger, Bryan Farney of Taylor, is in serious condition at St. Joseph Regional Health Center in Bryan.

Caldwell is about 65 miles northeast of Austin.

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Houston Building Fire Kills Three People, Injures 6

The following story from the Houston Chronicle about a building fire that killed three people and injured at least 6 other people. Houston building fire March 29, 2007 - Fire in Houston office building kills 3, injures at least 6, including 3 firefighters HOUSTON (AP) - A fire ravaged the top two floors of a six-story office building at the end of the business day, killing three people and injuring at least six, fire officials said. Authorities believe the fire broke out Wednesday in a medical supply firm on the fifth floor, but were still investigating the cause. Flames shot out of the building's top two floors, and heavy smoke blanketed a nearby 10-lane freeway during the evening rush hour. Television footage showed flames breaking through glass and fire officials guiding people down ladders to safety. Firefighters found the three bodies on the building's fifth floor, District Fire Chief T.J. Dowdy said. Two of the bodies were found in the same office, and the other was nearby. Three firefighters were among the injured, Dowdy said. Four people were taken to Memorial Hermann-Texas Medical Center, where a spokesman said one was in critical condition, two were in fair condition and the other was in good condition. Dowdy said the fire department received calls from people saying they were trapped in their offices, which were filling with smoke. "I heard people scream on the other floor, I went out in the hallway and it was filled with smoke," Dawn Herring, 26, who works for an accounting office on the fourth floor, told the Houston Chronicle. "Both stairways were filled with smoke. We all had to come back in the office. Everybody panicked for a second, but then my boss broke a window with a chair." Herring was eventually rescued by a fireman. "We must have waited 15 to 20 minutes, but it seemed really long," she told the newspaper. Roy Anderson and Larry Gill, who work at Rail Crew Express on the sixth floor, said they were outside when they heard an explosion and then glass shattering. They said they called authorities while a person driving by ran into the building and pulled the fire alarm. Before then, alarms hadn't sounded and the sprinklers hadn't gone off, they said. Jim Jimenez, owner of J Systems on the fourth floor, said he was in the atrium when he smelled smoke and then saw the fire. He left and saw the fire raging as he looked back, Jimenez said. "It looked like the entire suite was on fire," he said. "It just took seconds." Boxer Property Management Corp., which manages the building, declined to comment. Built in the early 1980s, the masonry and glass building is about 58,000 square feet. It is on the 610 Loop, a busy highway. An engineering firm and several medical clinics are listed as tenants.

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Construction Crane Topples, Crushes Pickup Truck

William Huther was waiting at a stoplight in Dallas Thursday when his Dodge pickup was crushed by a 10,000 pound steel beem. The crane belonged to Harvey Construction and was being used to build retail, residential, and entertainment facilities on their Houston Pavilions project site. Scott Oliver, Harvey Construction's safety manager says that the crane was in the process of being relocated when it hit a soft spot in the mud and toppled over. No one was seriously injured in the crash.

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Michigan Plane Crash Kills Six

Investigators: Plane crash not due to weather By Dave Wischnowsky and Tim Jones Tribune staff reporters Published June 5, 2007, 1:06 PM CDT MILWAUKEE -- An investigator with the National Transportation Safety Board said today that weather did not appear to be a factor in the crash into Lake Michigan of a small plane that carried six members of a University of Michigan organ transport team. No one was believed to have survived the late Monday afternoon crash, which occurred shortly after the Cessna Citation departed from General Mitchell International Airport, en route to Ypsilanti, Mich. John Brannen, a senior air safety investigator with the NTSB, said the pilot radioed the airport tower of trouble shortly after takeoff and the tower had cleared the way for the plane's return. Brannen said the pilot reported problems with a "runaway condition," which controls the bank and pitch of the craft. There was no further radio contact with the plane, which crashed at 4:04 p.m. "In laymen's terms, it's very similar to a car wanting to pull in one direction or another," Brannen said. Searchers found human remains in a section of Lake Michigan about a mile from the shore, in 20 to 50 feet of water. More than 50 divers have been searching the area. Dr. Jeffrey Jentzen, the Milwaukee County Medical Examiner, said that fragmented human remains had been found. "A high-speed impact (crash) on water causes explosive-type injuries," Jentzen said. Jentzen added that he would likely have to use dental records and perhaps DNA to identify the victims. The plane was leased by the University of Michigan Health System in Ann Arbor, according to a university news release. It is owned by Toy Air and based at Willow Run Airport near Ypsilanti, Mich. The plane was returning to Michigan with organs for a double-lung transplant operation. Dr. Robert Kelch of the University of Michigan Health System called the victims "wonderful, caring human beings . . . This is a tremendous loss for us," Kelch said during a news conference in Ann Arbor. The university identified those aboard as: Dr. David Ashburn, a physician-in-training in pediatric cardiothoracic surgery. Richard Chenault II, a transplant donation specialist with the university transplant program. Richard Lapensee, a transplant donation specialist with the university transplant program. Dennis Hoyes, a Marlin air pilot. Bill Serra, a Marlin air pilot. Dr. Martinus "Martin" Spoor, a cardiac surgeon who had been on the faculty since 2003. The university normally transports organs by helicopter, but for trips exceeding 200 miles they rely on jets, Kelch said. David Wischnowsky reported from Milwaukee and Tim Jones reported from Chicago.

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Defective Infant Cribs Recalled

In cooperation with the U.S. Consumer Product Safety Commission (CPSC), Simplicity Inc., of Reading, Pa., is voluntarily recalling about 40,000 Nursery-in-a-Box Cribs. The assembly instructions provided with the cribs incorrectly instruct consumers how to attach the crib’s drop side. If improperly installed, the drop side can disengage from the crib, posing fall and entrapment hazards for the child. Additionally, the metal locking pins on the drop side can pop off, presenting a choking hazard.

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Polaris Recalls Defective Hawkeye ATVs

Polaris Recalls Select Hawkeye Model ATVs for Steering Post Failure Hazard The steering posts can break in the area where the handlebar attaches to the steering post. This can result in loss of steering control resulting in a crash and/or serious injury to the operator. Washington, D.C. - infoZine - The following product safety recall was voluntarily conducted by the firm in cooperation with the CPSC. Consumers should stop using the product immediately unless otherwise instructed. Name of Product: Polaris Model Year 2006 Hawkeye 2x4 and Hawkeye 4x4 ATVs Units: About 8,800 Manufacturer/Importer: Polaris Industries Inc., of Medina, Minn. Hazard: The steering posts can break in the area where the handlebar attaches to the steering post. This can result in loss of steering control resulting in a crash and/or serious injury to the operator. Incidents/Injuries: Polaris has received three reports of steering post failure. No injuries have been reported. Description: Only certain model year 2006 Polaris Hawkeye ATVs produced prior to January 23, 2006 are included in this recall. Consumers should contact Polaris to identify whether their model is part of the recall. All serial number ranges of the Hawkeye 2x4 model number A06LB27AA and the Hawkeye 4x4 model number A06LD27AA/AB/AC are included. The serial number (VIN) identification decal is located under the right-hand front fender and stamped on the lower portion of the frame behind the left front wheel.

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Texas Governor Rick Perry Sides with Irresponsible and Drunk Drivers Over Innocent Victims

FOR IMMEDIATE RELEASE June 18, 2007 Contact: Alex Winslow, 512-381-1111 LEGISLATION TO PROTECT POLICYHOLDERS VETOED BY GOVERNOR HB 3281 Passed Legislature with Overwhelming Bipartisan Support AUSTIN – Governor Rick Perry bowed to the wishes of a few special interest lobbyists and the insurance industry by vetoing HB 3281 by Rep. Phil King. “HB 3281 would have restored fairness for responsible policyholders that are injured by reckless, irresponsible, and drunk drivers,” said Alex Winslow, Executive Director of Texas Watch, a statewide consumer advocacy organization active on insurance issues. “Instead of siding with responsible policyholders, Governor Perry bowed to the wishes of insurance companies that want to pad their bottom line.” HB 3281 was designed to clarify current law. The current statute, adopted in 2003 as part of the sweeping so-called tort “reform” measure known as HB 4, is ambiguous and has been the subject of ongoing controversy. In opposing HB 3281, insurance companies are asserting that reckless drivers who cause death and injury should be allowed to unfairly benefit from a responsible policyholder’s decision to carry health insurance. Insurance companies are simply seeking to reap windfall profits by requiring innocent families to subsidize the cost of their injuries. By vetoing this legislation, Governor Perry guarantees this issue will continue to be disputed in the courts, increasing litigation expenses, padding the insurance industry’s bottom line, and making justice harder to come by for hard working Texas families. “By vetoing this legislation, the governor is sending the message that personal responsibility is not as important as insurance industry profits,” said Winslow. This legislation passed with overwhelming bipartisan support. Not a single dissenting vote was cast in the House of Representatives (139-0; RV 1140, 5/9/07) and just two Senators registered opposition (28-2; SJ 2238, 5/17/07).

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Florida Plane Crash Kills Five People

By Barbara Liston ORLANDO, Florida (Reuters) - A small plane attempting an emergency landing crashed into two houses in Sanford, Florida, on Tuesday, killing at least five people and causing an intense fire, investigators said. The twin-engine Cessna 310 was registered to a corporation linked to NASCAR racing, officials said. One of those killed was the husband of NASCAR official Lesa France Kennedy, according to the Orlando Sentinel newspaper. The plane took off from Daytona International Airport enroute to Lakeland but minutes later reported smoke in the cockpit, investigators said. "We have confirmed five victims," a fire investigator said. Three of the dead, two children and an adult, were in the houses when the plane hit. A 10-year-old boy who was in one of the homes was critically injured with third-degree burns over 80-90 percent of his body, according to fire investigator Matt Minnetta. Minnetta, who helped load the 10-year-old into an ambulance, called him "a tough kid." "He was not talking. He was severely burned," Minnetta said. "All the real talking he did was just a thumbs up." Fire investigators said they could not immediately confirm the names of the dead. The pilot attempted an emergency landing in a field, but crashed into the two houses. Investigators said debris was scattered as far as seven houses away from the crash site. Officials said the plane was registered to Competitor Liaison Bureau Inc., a Daytona Beach-based company affiliated with NASCAR, and was being flown by a man with a female passenger, both of whom died in the crash. The Sentinel identified one of the victims as Dr. Bruce Kennedy, a plastic surgeon and the husband of France Kennedy, the president of International Speedway Corp., which owns and manages racetracks and promotes NASCAR events.

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Home Depot Lawsuit - Company Sued Over Dangerous Grout Sealer

Home Depot Faces Multiple Suits Alleging Health Hazards from Grout Sealer When Gwinnett County, Ga., resident James Flynn bought a spray can of grout sealer from his neighborhood Home Depot in July 2005, he could not have imagined that his purchase would land him in the hospital and cost him the use of a lung. But Flynn's Atlanta attorney, Frank Ilardi, said that when his client bought Tile Perfect Stand 'N Seal Spray-On Grout Sealer, its manufacturer had been fielding complaints for more than a month about potentially devastating effects associated with its use. Flynn is now one of more than 160 people across the country who have brought 31 product liability suits against The Home Depot and five companies tied to the manufacture and distribution of Stand 'N Seal, claiming that using the product permanently damaged their health.

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Helicopter Crash in Phoenix Kills Four

PHOENIX - Two news helicopters collided and crashed Friday while covering a police chase on live television, killing four people on board. Both helicopters went down in a park in central Phoenix and caught fire. No one on the ground was hurt. TV viewers did not actually witness the accident because cameras aboard both aircraft were pointed at the ground. But they saw images from one of the helicopters break up and begin to spin before the station abruptly switched to the studio. Television station KNXV reported that it owned one of the choppers. The other was from KTVK. A pilot and photographer aboard each chopper were killed. Within a minute, other stations with helicopters in the area began reporting news of the crash. KNXV reporter Craig Smith, who was among the dead, was reporting live as police chased a man driving a construction truck who had fled a traffic stop and was driving erratically, hitting several cars and driving on the sidewalk at times. Police had blown the truck's tires, and the man eventually parked it, then carjacked another vehicle nearby. As police closed in, Smith said, "Oh geez!" After the picture broke up, the station switched to the studio and then briefly showed regular programming, a soap opera, before announcing that the helicopter had crashed. The two choppers came down on the grass lawn in front of a boarded-up church at the park. Firefighters swarmed to the area as thick black smoke rose from the scene. Mary Lewis said she was stuck in traffic with her four grandsons and was watching the helicopters. She turned to talk to the children, then saw a fireball in the air when she looked up again. "I looked up and I see this 'boom,' and I see one of the helicopters coming down, and I said 'Oh my God,'" Lewis said. She said she went to the crash site to help, but there was nothing she could do. "It's nothing there," Lewis said. "Just burned-up stuff." Barbara Cochran, president of the Radio-Television News Directors Association in Washington, said the association does not track fatalities among helicopter news pilots, but she could not recall another example of two news choppers colliding while covering a story. "The news directors at the stations are members of our association, and our heart really goes out to them in a situation like this," she said. "These pilots, they are very professional. They combine the skills of pilots and skills as journalists. It's something that's very, very sad."

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Bridge Collapse Kills 7

At least seven people were killed and 60 injured as a Minneapolis bridge jammed with evening rush-hour traffic collapsed into the Mississippi river, crushing vehicles or plunging them 60 feet into the water. Three sections of the Interstate 35W bridge collapsed at about 6.05pm local time. A large lorry caught fire, and flames and black smoke billowed into the sky. The US Department of Homeland Security ruled out terrorism and suggested mechanical failure as the cause of the disaster. The bridge had recently been closed for maintenance work. Workers were repairing the 40-year-old bridge’s surface as part of improvements along that stretch of the interstate highway at the time of the collapse. An engineering assessment in May last year recommended monitoring of “fatigue cracking” on the girders. By 1 am (0700 BST) today, all search efforts had been called off as it was too dangerous for emergency services to work in the dark. Hennepin County Sheriff Rich Stanek said searchers did not expect to find any survivors when work resumes at daylight. Fifty vehicles remain in the river according to some reports. 'Cars started flying and I saw water coming up' Minneapolis dispatched every ambulance in the city to the scene last night as local hospitals went on a disaster footing. Sixty people have been take to hospitals in the area and the death toll could rise, Minneapolis Fire Chief, Jim Clack said. Dr. Joseph Clinton, the emergency medical chief at Hennepin County Medical Center, said his hospital treated 28 injured people, including six who were in critical condition. At least one of the victims had drowned, Dr Clinton said. Local television stations showed live footage of injured people being carried up the riverbank. Dozens of rescue vehicles were on the scene and divers were searching through the Mississippi for survivors. Some people were stranded on parts of the bridge that were not completely in the water. A large, burning lorry and a school bus clung to one slanted slab, while an unknown number of vehicles were submerged. The bus had just crossed the bridge before it failed but local media reported that the children had managed to escape from the bus through the back door. Witnesses said that they heard a rumbling sound as the bridge collapsed. “First I heard this huge roar,” Leone Carstens, a nearby resident who watched the drama unfold from the window of her 18th-floor apartment, said. “I was at my computer. Initially I thought, ‘Wow was that an airplane?’ ” Ramon Houge, from the neighbouring city of St Paul, was on his way home from work and was driving on the bridge when heard a rumbling noise before seeing the ground collapse and cars go down. He said cars reversed as best they could and he parked in a construction zone and was finally able to turn around and drive off the bridge. “It didn’t seem like it was real,” he said. Gregory Wernick drove over the bridge shortly before the collapse. He stopped to get a drink nearby and heard commotion so he went back. “I figure I crossed about ten minutes before it happened,” he said. “That’s just too close to call.” He was standing about 200ft (61m) away on top of a parking ramp with large group of people. “I’ve never seen anything like this,” he said. Television pictures showed that sections of the road leading to the bridge had also collapsed, in places crushing cars and lorries, some of which were ablaze. About 20 cars on top of each other could be seen in one image, below where the bridge had stood. They were partly buried under rubble and mangled steel. Huge chunks of the bridge jutted out of the river at odd angles, in places surrounded by cars half submerged in the water. A truck driver also escaped uninjured after his vehicle was cut in half. One witness said she saw people in the water. Police were telling people to leave the area amid fears of several burning vehicles in the area. A firefighter on the scene said that everybody from the north side of the bridge was pulled from the scene alive and that at least 100 vehicles were involved in the accident. The road was carrying bumper to bumper traffic when the 500ft steel arch bridge collapsed. The bridge, built in 1967, had stood 64ft above the river. The Minnesota Department of Transportation told local media that 200,000 cars use the bridge every day.

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Deadly cribs - Missteps Delayed Recall of Killer Cribs

The Chicago Tribune reports that a series of missteps led to delays and problems in the recall of deadly Simplicity, Inc. baby cribs.

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Insurance Company Gouges Man Who Lost His Wife to a Medical Mistake

This story explains how insurance companies use ERISA to cheat their own customers.  It is the story of how one man has stood up to the insurance companies.

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Feds shut down bus company after deadly crash

Federal authorities have ordered a company tied to a Texas bus crash on Friday that killed 17 people to cease operation, saying it poses an "imminent hazard."

The orders -- issued by the Federal Motor Carrier Safety Administration -- apply to motor coach operations Angel Tours Inc. and Iguana Busmex Inc., and their chief, Angel De La Torre.

Authorities say De La Torre continues to run his unsafe fleet of buses under a new name, Iguana, after they ordered Angel Tours to cease operation in June.

"Angel Tours and Iguana currently operate vehicles in a mechanically unsafe operating condition which, if operated, would pose an imminent hazard to the public," the orders state.

CNN tried to reach Angel Tours, but its voicemail was full on Sunday and not accepting messages. An e-mail to De La Torre was not immediately answered.

The action follows Friday's bus crash, in which the driver of the bus apparently lost control on northbound U.S. 75 in northeast Texas, smashing into a guardrail before rolling on its side and sliding into a gully. The accident happened near the Texas-Oklahoma state line.

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Qantas jet lands with gaping hole in fuselage

The 346 passengers were cruising at 29,000 feet Friday when an explosive bang shook the Qantas jumbo jet. The plane descended rapidly. Oxygen masks dropped from the ceiling as debris flew through the cabin from a hole that had suddenly appeared in the floor.

It wasn't until they were safely on the ground after an emergency landing that they realized how lucky they had been: A hole the size of a small car had been ripped into the Boeing 747-400's metal skin and penetrated the fuselage.

The eerie scene aboard Flight QF 30, captured on a passenger's cell phone video-camera, showed a tense quiet punctuated only by a baby's cries as passengers sat with oxygen masks on their faces. The jerky footage showed a woman holding tightly to the seat in front of her as rapidly approaching land appeared through a window. Loud applause and relieved laughter went up as the plane touched down.

There were no injuries and only a few cases of nausea, airline officials said. An official of the U.S. Transportation Security Administration said initial reports indicated no link to terrorism.

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Electrocution cases against Centerpoint Energy

Our firm has been hired by two different workers as a result of severe, disabling injuries they sustained while working near power lines operated and maintained by Centerpoint Energy.

Both workers were electrocuted.  One worker lost his arms and legs.  The other suffered second and third degree burns over most of his body.

Codes and ordinances require certain clearances for power and transmission lines as well as certain procedures while working on or near energized lines.

Our law firm is currently investigating whether Centerpoint Energy has any other cases involving electrocution injuries or death, violations of codes or ordinances, or other injury on wrongful death lawsuits.

If you have any information about Centerpoint Energy injury or wrongful death cases, please contact our law firm by the following means:

1.  Use the Contact feature on this page

2.  Visit our main website at www.vbattorneys.com and contact us through our main page

3.  Call toll free to 877.724.7800.

About our law firm

Our law firm is based in Houston, Texas.  We handle personal injury and wrongful death cases across the State of Texas and beyond.  Both partners are Board Certified in Personal Injury Law by the Texas Board of Legal Specialization.

We often handle electrocution cases involving severe injury or even wrongful death.

To read more about the firm, or to request an appointment with one of the firm's attorneys, please visit our main website at www.vbattorneys.com.

Want to read more about Texas accident and injury law?

Please take a moment to read the following articles:

1.  How to select a Texas lawyer for your injury or accident case

2.  Common misconceptions in Texas truck accident cases

3.  Five things that could wreck your Texas car or truck accident case

4.  The insurance company wants me to give a statement - what should I do?

5.  How to beat the insurance companies at their own game - ask these 5 questions

6.  Do I need a lawyer for my car or truck accident case?

7.  What to do immediately if you are involved in a Texas car or truck accident

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Huntsville Helicopter Crash Kills Four People

The Houston Chronicle is reporting today that four people have died in a tragic helicopter crash inside the Sam Houston National Forest near Huntsville, Texas. 

Apparently, the air ambulance went down around 2:45 a.m.

The company that owned the helicopter, PHI Air Medical, identified three of the victims as pilot Wayne Kirby; flight nurse Jana Bishop, and flight paramedic Stephanie Walters.  The story does not identify the fourth victim.

Our thoughts and prayers go out to the families.

We hope also that PHI will provide the answers the families need as to why such a tragic accident occurred.  Determining why such crashes occur is so important because it allows companies to take steps to avoid such crashes in the future.

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FDA Calls for More Foreign-Drug Inspectors

The Food and Drug Administration needs more inspectors and a comprehensive computer database to better track products entering the U.S. from foreign sources, a top drug-safety official told lawmakers.

The FDA focuses its inspections on domestic companies, with about 1,200 inspections conducted annually in the U.S. Meanwhile, only about 300 foreign facilities are inspected each year. The latter number amounts to only about 10% of the firms shipping prescription drugs or their ingredients into the U.S., said Janet Woodcock, acting director of the FDA's Center for Drug Evaluation and Research.

The small number of foreign inspections seemed particularly relevant during the hearing amid concerns about the blood thinner heparin and its imported ingredients. Two weeks ago, the drug was linked to four deaths and adverse reactions in about 350 patients. Millions of patients take the drug every year to avoid potentially life-threatening blood clots.

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Reebok Fined $1M for Faulty Bracelets

Athletic shoe and apparel maker Reebok has agreed to pay a $1 million fine for importing and distributing charm bracelets that contained toxic levels of lead and resulted in the death of a 4-year-old boy.

The civil penalty is the largest ever for a violation of the Federal Hazardous Substances Act and follows a 2006 recall of 300,000 of the Chinese made bracelets, the U.S. Consumer Product Safety Commission said Tuesday.

The previous record fine of $600,000 was paid by Winco Fireworks in 2005 for importing dangerous fireworks from China, according to an agency spokeswoman.

The bracelets were provided as free gifts by Reebok International Ltd. with the purchase of various styles of children's footwear. In March 2006, the company learned that a 4-year-old boy from Minneapolis died after swallowing the bracelet's heart-shaped pendant. There were no other deaths or injuries reported, a CPSC spokeswoman said.

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USDA recalls 143 million pounds of beef

he U.S. Department of Agriculture on Sunday recalled 143 million pounds of frozen beef from a California slaughterhouse, the subject of an animal-abuse investigation, that provided meat to school lunch programs.

Officials said it was the largest beef recall in the United States, surpassing a 1999 ban of 35 million pounds of ready-to-eat meats. No illnesses have been linked to the newly recalled meat, and officials said the health threat was likely small.

The recall will affect beef products dating to Feb. 1, 2006, that came from Chino-based Westland/Hallmark Meat Co., the federal agency said.

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Another Worker Dies at Texas City BP Plant

The Houston Chronicle reports that yet another worker has died at the Texas City BP plant. How many fathers, husbands, sons, and daughters will lose their lives at the Texas City BP plant before something is done to meaningfully increase safety?

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Plane Crash in Alaska Kills Five People

Newspapers are reporting that a plane crashed in Alaska today, killing 5 of the 10 passengers aboard, including the pilot. You can read about the story here.

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Evenflo Ordered to Pay More Than $10M in Car Seat Lawsuit

A jury has ordered Ohio-based child safety seat maker Evenflo Co. to pay $10.4 million to the parents of a 4-month-old boy who died of head injuries in a car crash. The district court jury awarded $3.7 million in punitive damages to Chad and Jessica Malcolm on Thursday, a day after deciding the Livingston couple should receive $6.7 million in compensatory damages for the death of their son, Tyler. Evenflo, based in Vandalia, Ohio, has lost at least three cases over its car seats, for a total of $19.6 million, according to the couple's attorney. The company said it would appeal the latest verdict to the state Supreme Court. Matt Gouras, Associated Press, Dayton Daily News 7/30/07

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Plane Crash - Brazilian Airplane Crashes Into Fuel Depot

Brazilian plane crashes into gas station SAO PAULO, Brazil—A plane carrying at least 150 people crashed into a gas station and burst into flames after landing at Sao Paulo's airport Tuesday, Brazil's airport authority said. There were no immediate reports of injuries or deaths. The Tam airline's Airbus-320 skidded off the runway, then crossed a busy road at the height of rush hour in South America's largest city before slamming into the gas station, said Jose Leonardi Mota, a spokesman with airport authority Infraero. TV footage showed flames shooting into the sky and clouds of black smoke billowing into the air after the crash. The flight was en route to Sao Paulo from the southern Brazilian city of Porto Alegre, Mota said. The crash came 10 months after Brazil's deadliest crash, a September midair collision between a Gol Aerolinhas Inteligentes SA Boeing 737 and an executive jet over the Amazon rainforest. All 154 people on the passenger jet died. The executive jet landed safely.

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Dangerous Refineries Get New Guidelines

More than two years after 15 workers died in trailers as close as 121 feet to an explosion at BP's Texas City refinery, the U.S. oil industry unveiled new guidelines for distances between portable buildings and units that process flammable liquid. The guidelines, which the American Petroleum Institute will formally put in place today, are just that. Red Cavaney, the institute's president and CEO, noted that a trade group can't enforce compliance like a regulatory agency. ‘This is a recommended practice,’ he said. ‘How and when individual companies end up implementing it is a decision they end up making.’ But in suggesting minimum safe distances between portable buildings and hazardous equipment, the final version released Wednesday goes further than a draft released last December. The draft outlined a risk assessment process refinery operators should take when placing trailers, but did not recommend specific distances.” Kristen Hays, Houston Chronicle 6/21/07

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Charter Bus Accident in Atlanta Kills Two

Charter Bus Crashes In Atlanta, Kills 2 July 1, 2007 2:04 p.m. EST Atlanta, GA (AHN) - Two people are dead after a charter bus hit a median wall and utility polls on an interstate in Atlanta. Police are saying that some steering components broke in the vehicles undercarriage and two of the 20 passengers were ejected from the bus after it slammed into utility poles. Other non-serious injuries were also reported, according to the Associated Press. Police are still investigating the accident which occurred just after 6:30 p.m. Saturday.

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Texas Tire Lawyer - Dangerous Chinese Tires Manufactured Without Safety Feature

June 25, 2007, 10:13PM Importer Told to Recall Chinese Tires By JEFFREY GOLD AP Business Writer © 2007 The Associated Press NEWARK, N.J. — Federal safety officials have ordered a tiny tire importer to recall as many as 450,000 tires that it bought from a Chinese manufacturer and sold to U.S. distributors. Foreign Tire Sales Inc., of Union, said an unknown number of the light truck radials it imported since 2002 from Hangzhou Zhongce Rubber Co., of Hangzhou, China, could suffer tread separation, a problem that led to the nation's largest tire recall in 2000. FTS said an unknown number of the tires it sold were made without a safety feature, called a gum strip, which helps bind the belts of a tire to each other, the company said in a filing to the National Highway Traffic Safety Administration. Some of the tires had a gum strip about half the 0.6 millimeter width that FTS expected, it said. Heather Hopkins, a spokeswoman for NHTSA, said its enforcement officials spoke to FTS on Monday to "let them know we want a full tire recall to take place." "It is FTS' responsibility to do this," Hopkins said. FTS failed to add a "remedy" in its June 11 filing, which is essentially a description of how a company will notify customers and provide proper consumer compensation, Hopkins said. FTS attorney Lawrence N. Lavigne said the tires appear to meet federal standards but could still pose a risk to motorists. "FTS, at great expense, investigated this," Lavigne said. The company, which has about a half-dozen employees, doesn't have the money to pay for a recall, he said. FTS does not have a warehouse. It has tires shipped directly to distributors, who in turn send them to retail outlets, Lavigne said. FTS said it believes other importers also sold such tires made by Hangzhou Zhongce. The Chinese company has failed to provide information that would allow FTS to determine exactly how many tires, and which batches, have the problem, Lavigne said. According to the filing, the Hangzhou tires at issue were sold under at least four brand names _ Westlake, Compass, Telluride and YKS _ in these sizes: LT235/75R-15; LT225/75R-16; LT235/85R-16; LT245/75R-16; LT265/75R-16; and LT3X10.5-15. FTS on May 31 sued Hangzhou in U.S. District Court in Newark, charging that its tests found that the tires may fail earlier than those originally provided by Hangzhou, and that a recall would put FTS out of business. The lawsuit seeks unspecified monetary damages and an injunction that would bar Hangzhou products from being imported. The lawsuit was reported Monday by The Wall Street Journal. A Hangzhou Zhongce spokesman contacted by The Associated Press in China said he could not immediately comment. A Hangzhou official reached by the Journal said: "We are aware of this matter, and we are now in the process of responding to the lawsuit. Production and sales at our company remain normal." FTS said it became concerned about Hangzhou tires in October 2005 amid an increase in warranty claims and began talks with the Chinese company, and then commissioned its own tests. FTS was sued in Philadelphia on May 4 by the families of two men killed when a van they were riding in crashed last year. Also suing are the driver and passenger in the van, which the lawsuits claim had Hangzhou tires. The nation's largest recall involved 14.7 million Firestone tires in 2000, said Sean Kane, president of Safety Research & Strategies, a consumer group. "I wouldn't expect this to rise to that number," he said. FTS, in its filing, said it sold Hangzhou tires to these distributors: Tireco, in Compton, Calif.; Strategic Import Supply, in Wayzata, Minn.; Omni United USA Inc., in Jacksonville, Fla.; Orteck International Inc., in Gaithersburg, Md.; K&D Tire Wholesalers LLC, in Carlsbad, Calif.; and Robinson Tire, in Laurel, Miss. ___ Associated Press Writer Matthew Verrinder in Trenton contributed to this report.

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Houston, Texas - Avandia Diabetes Drug Dramatically Increases Risk of Heart Attack

The New England Journal of Medicine reports today that the GlaxoSmithKline diabetes drug Avandia increases the potential heart attack risk of patients by a whopping 43%. Please see the link to the story below.

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Houston Activist Killed In Building Fire

The following article is from the The Eagle. Activist among 3 killed in Houston office fire By JOE STINEBAKER Associated Press HOUSTON - A budding victims' rights activist planning to testify Thursday against the man charged with sexually assaulting a family member several years ago was instead killed Wednesday in an unrelated fire at her six-story Houston office building. Jeanette Hargrove, 52, of Friendswood, was killed when a fire raged through her fifth-floor office of the Texas Department of Assistive and Rehabilitative Services. But Hargrove had become known to some in Houston as a knowledgeable victims' rights advocate, a role she assumed after a family member's attack. Andy Kahan, the crime victims director for Houston Mayor Bill White, said he spoke with Hargrove only hours before her death. "Jeanette was a very classy lady and was adamant about ensuring that justice be carried out," Kahan said. "Instead of yelling and screaming about the injustice of the world, she took action. I was personally just stunned this morning when I found out. It's just ironic. I felt once her case was over, she would join the ranks as a victims' advocate." The Harris County Medical Examiner's Office was awaiting fingerprint identification of the other two victims, but local media identified them as Marvin Wells, a local assistant pastor, and Shana Ellis. Six others were injured in the fire, including three firefighters. One of those firefighters was treated for leg injuries after part of the building's roof fell on him. The other two are in fair condition with smoke inhalation at Memorial Hermann Hospital. At least two building occupants also were treated and released. Dozens of firefighters still awaited the go-ahead from engineers Thursday before launching a final search for more possible victims. Authorities believe the fire broke out in a medical supply firm on the fifth floor, but they were still investigating.

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Innocent mother of two killed during high speed police chase

According to the Houston Chronicle, Rikki Danielle Sanchez, mother of a 7-year old daughter and 4-yeard old son, was killed as a result of a high speed chase by the Houston Police Department. According to the article, the police were chasing a person suspected of theft. The chase involved a high speed pursuit through neighborhoods only blocks away from various elementary schools. Mayor Bill White promised to re-evaluate the chase policy. He should. It is absolutely tragic for a young, innocent mother to be killed because the police wanted to recover an old beat-up green Chevrolet. There is absolutely no way to justify such a decision. Our hearts and prayers go out to the family.

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Driver dead after being shot in the head on I-45

A man is dead after being shot while driving on Interstate 45 north of Houston.  The driver was traveling on the 2700 block of the North Freeway near Patton around 1am when another vehicle pulled up along side and fired a gun.

 

According to investigators there were several bullet holes in the driver’s side of the vehicle, a black Dodge pickup truck.  The 40 year old victim – who has not yet been identified – was shot in the head and several other places.

 

After being shot the driver veered to the right and crashed into a retaining wall.  The bullet wound did not immediately kill the driver, who was transported to Ben Taub General Hospital.  He later died at the hospital as a result of his injuries.

 

A portion of I-45 had to be shut down after the shooting but was reopened before morning rush hour.

 

At this time police do not know the motive for the shooting nor do they have any suspects.  The incident happened so quickly that witnesses were unable to describe the perpetrator’s car or describe the driver or any passengers.

 

Police are searching for the killer and any other information about the incident.

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Houston man indicted on intoxication manslaughter charges after fatal crash

This past April 5 children were killed in a Houston car crash.  The driver of the vehicle, Chanton Jenkins, 32, was the father of three of the children who were killed.

 

The children died after Jenkins crashed the vehicle he was driving into a flooded ditch.  Jenkins and two others in the vehicle escaped from the vehicle as it was overcome by water, but the five children left in the car drowned.

 

At the time of the crash Jenkins was on the phone with the mother of two girls who drowned.  Jenkins was also found to be intoxicated at the time of the crash; he has been held on $500,000 bond since the accident and now faces an August 12 court date.

 

Jenkins has a history of drug offenses; he was charged with possession in 1997, 2002 and again in 2004.  He has also been charge with possession of a prohibited firearm and has spent at least one year in jail due to these prior offenses.

 

Jenkins faces up to 100 years in prison if convicted on all charges against him in this car accident.

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Fatal Texas truck accident settled for $16 million

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Texas City Teenager Struggles to Recover from Fatal DUI Crash

A terrible crash with a drunk driver left 17 year old Priscilla Selvera with devastating injuries requiring rehabilitation therapy.  Selvera was in a stopped car that was hit from behind by a drunk driver in La Marque this past March.

 

Selvera was waiting at a red light in a car with five friends when La Marque resident Jim Howard III, 28, crashed into the car.  The crash claimed the lives of two of the car’s passengers, Samantha Romero and Raquel Martinez, when they were crushed in the back seat.

 

Howard was charged with several counts of vehicular manslaughter and vehicular assault and is being held on a one-million dollar bond in Galveston County jail.

 

This isn’t Selvera’s first brush with death.  Three years ago her brother Paul Salazar was killed when he was hit by a suspected drunk driver while riding his motorcycle.  The family did not get justice in that case as the suspect posted bail and police believe he has since fled the country.

 

Howard is now seeking to get out of jail and has an upcoming bond hearing scheduled.  Selvera will face Howard in court the day of his bond hearing.

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Suspected drunk driver kills Houston motorist in deadly crash

An allegedly intoxicated driver has taken the live of a Houston motorist.  The accident happened early Saturday morning when the driver of a Ford F-250 pickup truck struck a car pulled over on the side of the road.

 

The car, a Toyota, was on the right shoulder of the northbound lanes of Eastex Freeway near the North Beltway.  It had broken down and the driver was waiting with the vehicle for help to arrive.

 

The Ford F-250 was traveling northbound on Eastex Freeway when the driver veered over to the side of the road and crashed into the Toyota.  The Toyota’s driver was sitting inside the car and was killed in the collision.

 

According to police the driver of the Ford F-250 was under the influence of alcohol when he hit the Toyota.  The driver will now face intoxication manslaughter charges for his role in the crash.

 

Saturday between 2 and 3am is the most common time for car accidents involving drunk drivers to occur.  Twenty-eight percent of people killed in Texas car crashes were involved in a crash with a drunk driver.

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Critically injured car crash victim abandoned by Houston driver

A car accident on North Eldridge Parkway in west Houston happened when a driver hit a right-side shoulder barricade just before Patterson road.  The impact caused the driver to lose control of the vehicle, which drove across all lanes of traffic on North Eldridge Parkway before smashing into a left-side barricade.

 

Investigators state that the driver of the crashed car escaped when another vehicle pulled up along side his disabled car.  The only other vehicle occupant seated in the front passenger seat, was left behind with critical injuries.

 

The passenger had to be airlifted to Memorial Hermann Hospital in Houston and is in critical condition.

 

Police are still investigating the accident.  No word on the identity of the driver or why he abandoned his passenger on the side of the road.

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Three car Friendswood crash injures five, kills one

One person is dead and five others injured after a three car collision in Friendswood.  The accident happened in the 1600 block of West Parkwood Avenue last Monday when a pickup truck driver entered the westbound lanes of West Parkwood going the wrong way.

 

The driver of the pickup truck, a Ford Ranger, was headed eastbound in the westbound lanes of West Parkwood Avenue when he crashed head-on into a Ford F350 pickup truck.  The driver of the Ford F350 had tried unsuccessfully to avoid the collision.

 

The accident was complicated when a trailer being hauled by the Ford F350 was hit by a passing Chevrolet suburban.

 

The driver of the Ford Ranger, a 20 year old Brazoria County resident, was pronounced dead at the scene.  Four other people had to be airlifted to Memorial Hermann Hospital in Houston and another person was taken to Clear Lake Regional Medical Center by Friendswood EMS.

 

Traffic was tied up for over an hour and a half as a result of the accident, and two additional car accidents happened in the backup at the intersection of Falcon Ridge Boulevard and West Parkwood.

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Driver charged in death of five after high-speed crash

Charges were handed down today in a high-speed crash case from January that claimed the lives of five people and critically injured two others including the driver.  On January 10 a driver traveling at 117 miles per hour on State Highway 248 near Partridge Circle crashed into another car.

 

Due to the high rate of speed the driver of the other vehicle, Karla Sexton, 60, was not able to take evasive action and was critically injured in the crash.  Four people in the van Sexton was driving were killed: Curtis Edwards, 78, of Pinehurst; Donald Sexton, 60, of College Station; Lloyd Edwards, 83, of Selena OK and Catherine Edwards, 83, of Selena OK.

 

The driver, Brandon Ferguson of Magnolia, 22, was charged earlier this week with five counts of manslaughter and one count of aggravated assault by Montgomery County prosecutors.  Ferguson was given 24 hours to turn himself in.

 

Ferguson’s passenger, his girlfriend 18-year-old Kayla Pratorius of Magnolia, was also killed in the crash.

 

Ferguson turned himself in the next day to face the District Attorney Office’s six warrants against him.  Authorities waited until now to charge Ferguson as they were waiting for him to recover sufficiently from his own critical injuries.

 

After being booked into Montgomery County Jail Ferguson was released on bail.  If convicted Ferguson faces two to 20 years in prison or two to 10 years probation and a fine of up to $10,000 per count.

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Attorney Brian Beckcom Named to Million Dollar Advocates Forum

Press Release - June 4, 2009

FOR IMMEDIATE RELEASE

The Million Dollar Advocates Forum is pleased to announce that attorney Brian Beckcom of Houston, Texas has been certified as a member.

According to the press release, the Million Dollar Advocates Forum is recognized as one of the most prestigious groups of trial lawyers in the United States.  Membership is limited to attorneys who have won million and multi-million dollar verdicts, awards, and settlements.  The organization was founded in 1993 and there are approximately 3000 members located throughout the country.  Fewer than 1% of U.S. lawyers are members.  Forum membership acknowledges excellence in advocacy, and provides members with a national network of experienced colleagues for professional information exchange in major cases.

Mr. Beckcom is a graduate of Texas A&M University and The University of Texas School of law and handles maritime injury, Jones Act, railroad injury and death cases, car and truck accidents, and wrongful death cases.

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Union Pacific trainman gets $1.43 million dollar verdict for hip, ankle, and knee injuries

A jury has awarded a long-time Union Pacific trainman a $1.43 million dollar verdict after the trainman began suffering knee, ankle, and hip problems.

The trainman claimed that his knee, ankle, and hip problems were caused by walking on mainline ballast in the railyard which created an uneven walking surface.  After decades of walking on the uneven surface, the trainman began suffering severe hip, ankle, and knee problems that made it impossible for him to work.

He had been making about $60,000 per year.  His past lost income was $375,000 and his future lost income was $1,050,000.

The trainman claimed that Union Pacific violated the Federal Employer's Liability Act (FELA) by failing to provide safe walking surfaces.  The trainman was backed up by an expert who testified that Union Pacific had some of the worst conditions in terms of walking surfaces he had ever seen.

The case was tried to a jury once and the trainman lost.  He hired a different lawyer and won the second time.

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Alcohol suspected as factor in tragic Mother’s Day car crash

A man and two children were killed by a car collision while on a Mother’s Day outing to the Galveston seawall.  The victims, Tremane Albert, 25, his stepson Alan Meredith, 10, and his godson Isaiah Barnett, 3, were pronounced dead at the scene, probably of blunt force trauma according to authorities.

 

The accident happened when a sport-utility vehicle traveling east on the sidewalk of the seawall smashed into the back of a car.  The car sustained serious damage to its rear.

 

It is not known if Barnett was thrown from the car when he was killed or if he was outside of the car.  The two children were sitting on the seawall when they were struck by one or both vehicles and killed.

 

Albert’s wife and Meredith’s mother, La Grace Albert, survived the accident as did a third child.  The driver of the SUV was airlifted to Memorial Hermann Hospital in Houston where he was listed in fair condition.

 

Police believe that the driver, Orvel Wayne Speck, a 44 year old island resident, will be charged with intoxication manslaughter.  Speck has two previous drunken driving convictions.

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Houston police officer critically injured after serious car crash

A Houston Police officer who responded to a single-car accident in the southbound lanes of Interstate 45 on Saturday was hit by two passing cars.  The officer, Lloyd Morrison, 51, was injured when pinned against a fire truck on Gulf Freeway after his patrol car was struck by the two vehicles.

 

The first driver to hit Morrison was Moroof Kareen, 28.  Kareen hit Morrison’s patrol car, and when Morrison got out of the vehicle to inspect the damage his car was hit again.  The second driver, Richard Sandoval, 22, was driving a Ford Escort that spun after hitting the patrol car and pinned Morrison against the fire truck.

 

 As a result of the accident Morrison suffered broken legs and serious injuries to his right arm.  He underwent surgery on Sunday and is currently in critical but stable condition.  The injuries he suffered will require extensive rehabilitation to heal properly.

 

Kareem is free on $500 bond after being charged with a misdemeanor DUI, and officials plan to charge Sandoval with intoxication assault.

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Intoxication manslaughter charge for Houston man

A Houston man is being held without bond on charges of intoxication manslaughter after killing a motorist as he fled the site of an earlier crash.  According to authorities the man, Sean Christopher Davis, 21, was charged on Tuesday.

 

The first accident occurred when Davis hit a Toyota Camry near the 600 block of Hyde Park.  Davis had just left a bar when he caused the accident, and he drove for several blocks before running a stop sign and causing the second collision.

 

The second vehicle, a Ford Explorer was hit by Davis in the 2400 block of Grant.  The collision killed the driver.  The victim, James Spreckles, 57, was taken to Ben Taub General Hospital where he was pronounced dead.

 

Davis was treated at Ben Taub and then taken into custody.  At the time of the crash he was on a three-year probation for a 2007 narcotics possession conviction.

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BNSF lawsuit by injured railroad engineer results in $808,330 verdict

News reports indicate that a railroad engineer who injured his hip after falling on large ballast rocks while disembarking from a BNSF train has obtained an $808,330 verdict. The jury put 45% responsibility on the injured engineer, meaning the net verdict is $444,582.

The worker filed the case under the Federal Employer's Liability Act (FELA), a law designed to protect injured railroad workers. The railway engineer proved that the ballast rocks used in the crew change area were too big and thus difficult to walk on. The jury agreed.



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Want to stay safe in a car crash? Don’t forget your seatbelt

According to statistics released by the US Department of Transportation, 1,652 lives could be saved every year in the United States if seat belts were used by 90% of people in all states.  Not only that, but 22,372 people could have avoided serious accident injury if they had been wearing their seat belt.

 

DOT also points out that a large number of people owe their lives to the fact that they were wearing a seat belt.  According to DOT research, 15,147 people are alive today because they wore their seat belts in 2007.

 

This information is being released to kick off the nationwide “Click It or Ticket” seat belt use enforcement campaign which will run from May 18 to May 31.  Over 10,000 police agencies nationwide are expected to become involved in this annual campaign.

 

According to NHTSA data, one in five Americans fails to buckle up regularly.  Nationwide, the seatbelt use rate hovers around 83 percent, with some states doing far better than others.  Young drivers and their passengers are being targeted in the campaign, as research shows that teenagers are less likely to buckle up and more likely to be injured or killed in a crash.

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Houston police officer and two others injured in car crash

Northeast Houston was the scene of a car accident last Friday, when the driver of a car turned his vehicle into the path of an oncoming police cruiser.  The driver was headed east on Cavalcade and attempted to make a left turn across traffic onto Lockwood.

 

The westbound police cruiser crashed into the passenger side of the Chevrolet Malibu at nearly 10 o’clock at night.  The driver was taken to LBJ General Hospital and was treated for minor injuries.

 

According to a Houston Police Department spokesperson, the driver was issued a citation at the hospital for failing to yield while turning left.  The passenger in the Malibu was taken to Memorial Hermann and treated for a fractured jaw and wrist.

 

The police officer, Officer K. Parker, was taken to Memorial Hermann-Texas Medical Center to be treated.  However, the officer soon returned to the scene of the accident.

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Drugs, alcohol found in blood of man charged with killing 5 children in car crash

Earlier this week Houston Police charged 33 year old Chanton Jenkins with five counts of intoxication manslaughter after five children in a car he was driving drowned after a crash.  Jenkins crashed his vehicle into a Harris County Flood Control drainage ditch on April 18, landing in 9 feet of surging water.

 

Autopsies performed on the five deceased children revealed that they drowned.  None of the children were wearing seat belts nor were any of them restrained by a car seat.

 

Blood tests performed on Jenkins 2 ½ hours after the crash revealed that his blood alcohol level was 0.079 and 0.082.  In addition, drug testing showed that he had PCP and marijuana in his blood in addition to alcohol.

 

Jenkins has a record of previous drug related convictions.  In 2002 he was convicted of possessing less than 1 gram of PCP and has also been convicted of possessing and delivering cocaine.

 

The unemployed Jenkins is currently jailed on $100,000 bail. He could be sentenced up to 100 years in jail if found guilty of all five charges.

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Houston Police searching for missing driver of submerged vehicle

A driver is missing after he drove his vehicle into a ditch.  According to police investigators, the driver was involved in the auto accident when he appeared to be trying to turn from the Beltway 8 southbound frontage lanes onto a side road early Tuesday morning.

 

Nobody was seen emerging from the vehicle after it hit the water.  Authorities believe the driver may still be inside.

 

The Houston Police Department sent a dive team out to search for the driver of the dark sport utility vehicle which hit the water near Interstate 10.  Rescue work is dangerous in that area, and emergency responders have to take special precautions.

 

Rescue divers had to swim a one-mile length of conduit under the Katy Freeway to search for the vehicle.  The conduits terminate at a pump station.

 

Severe weather around Houston was contributed to several other accidents that required other water rescues by emergency responders.

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Houston man charged in deaths of 5 children in car crash

Five children were killed in a tragic accident caused when the driver of the vehicle, Chanton Jenkins, 32, plunged into a rain-filled ditch while talking on his cell-phone.  In addition to driving while distracted Jenkins failed a field sobriety test following the crash.

 

Two girls and three boys were killed in the accident.  The bodies of the boys, ages 4, 7, and 11, were found in the vehicle.  The body of one girl, 4, is missing and the body of another girl, 1, was found later.

 

The driver survived the crash along with another adult and a 10 year old girl.  Police report that the other adult was Jenkins’ brother.  The brother stated that Jenkins was the father of four of the children involved in the accident.

 

The vehicle was found in a drainage ditch several hours after the accident by rescue workers about 100 feet from where the driver lost control of the vehicle.  The ditch contained about 9 feet of water.

 

Houston police charged Jenkins with four counts of intoxication manslaughter as a result of the fatal accident.

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Did a dangerous prank result in the car death of a Houston teen?

A group of six teens from Waltrip High School were allegedly shooting pellets from air-soft guns at vehicles in a northwest Houston suburb over the weekend when they caused a serious accident that killed one of them.

 

The teens were driving in a Nissan Xterra in the early afternoon on Saturday when the accident occurred.  The driver of the vehicle ran a stop sign at the intersection of Overhill and Oak Forest Drive and hit a Saturn Outlook.

 

The force of the impact sent the Outlook up a nearby driveway, causing it to crash into a home.  The Xterra hit a curb and slid into the front yard of another home.  It then turned over and continued to slide, flipping once more before coming to a rest.

 

One occupant of the Xterra was thrown from the vehicle.  He was taken to Ben Taub General Hospital where he died from his injuries.  Four other teens from the Xterra were also taken to Ben Taub; no word on their condition.

 

No occupants of the Outlook were injured in the crash.

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Cyclist injured in Houston fire truck crash dies

A cyclist seriously injured in a traffic accident two weeks ago has died of her injuries.  The victim, 29 year old Leigh Boone, was struck by a fire truck on its way to what turned out to be a false alarm fire.  The driver of the ladder truck was later determined to have run a red light.

 

The accident occurred on March 30 when the ladder truck sped through a red light, colliding with another fire department vehicle on its way to the same destination.  The driver of the other vehicle, a pumper truck, had a green light and therefore the right of way.  The force of the collision caused the ladder truck to topple onto Boone, who was hospitalized with serious injuries and remained in critical condition until she died.

 

Charges may be filed against the driver of the ladder truck for his role in the collision.  The fire department vehicles were on their way to what they thought was a blaze when the accident occurred.  However, it was later determined that it was a false alarm.  Instead of a fire, the Houston public works crew was smoke-testing sewer lines.

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Eleven people injured in Houston fire truck accident

Two Houston fire trucks were responding to a call when they collided, injuring eleven people.  The fire trucks were responding to a call about an apartment fire and collided at an intersection.  One truck was westbound and the other was northbound.  As a result of the crash, one truck flipped onto another vehicle in the intersection.

 

Nine firefighters were injured in the crash, two seriously.  Seven of the firefighters were treated for their injuries at local hospitals and released, while the other two remain hospitalized.

 

The driver of the vehicle hit by one of the fire trucks was injured in the crash.  In addition, a woman riding a bicycle was hit by one of the trucks and is now in critical condition.  The exact cause of the accident is still under investigation.

 

According to fire department officials, the fire trucks were not needed at the alleged apartment fire.  After the accident, it was determined that the call was a false alarm.

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Tanker truck fire shuts down LaPorte Freeway

The LaPorte Freeway had to be shut down for hours after a pickup truck slammed into a parked tractor trailer.  The 18-wheeler was stopped on the side of the road when it was hit, and the collision caused the fuel tank on the cab to catch fire.

 

The tanker truck was carrying a cargo of the chemical acetone when it was hit, but it was the truck cab’s fuel tank that caught fire in the crash, not the tank of acetone.  Two people were sent to the hospital with minor injuries after the accident – the driver of the pickup truck and a person standing near the tractor trailer when it was hit.

 

The morning commute on the LaPorte Freeway was much longer than usual for many motorists because of the crash.  The acetone cargo had to be transferred to another 18-wheeler, which took a substantial amount of time.  However, the Pasadena Police Department stated that the accident “could have been much more severe.”

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Woman receives maximum sentence after fatal Texas car accident

A woman responsible for the death of a man was convicted of intoxication manslaughter and sentenced to prison this week.  The woman, Amanda Lynn Doyle, 25, also injured the Montgomery man’s wife and children in the accident, which occurred about a year ago.

 

Doyle received a maximum 20 years in jail for the manslaughter charge and also received the maximum 10 year sentence for each of four counts of intoxication assaults.  She will serve her sentences concurrently.

 

When arrested, Doyle had a blood alcohol level of 0.17, which is more than twice the legal limit.  She smashed head-on with a vehicle being driven by Daniel Hottman last February.  Hottman’s wife and three children ages 22, 12, and 9 were also in the vehicle.

 

Doyle admitted to drinking alcohol and consuming “a number of intoxicating prescription drugs”.  At the time of the accident, she was free on bail after being arrested for drug possession.  She was also on probation for misdemeanor marijuana possession.

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Railroad injury case - Injured railroad mechanic obtains $1.45 million dollar jury award

A mechanic taking inventory of spare track parts stored in a semitrailer in a rail yard has obtained a $1.45 million dollar jury award.

The mechanic was injured when he was carrying a box of parts and walking down a flight of stairs. The stairs did not reach to the ground, and another employee had placed a pallet to close the gap. The wooden pallet gave way and the railroad mechanic fell to the ground.

The railroad mechanic suffered a tibial plateau fracture requiring open reduction and internal fixation with a plate and several screws. He had second surgery several months later to fix a partial meniscus tear.

The lawsuit was filed under the Federal Employee's Liability Act ("FELA").

The mechanic alleged that the railroad failed to provide a safe workplace by using a defective wooden pallet and that the pallet was placed too far from the last step, causing extra force when the mechanic stepped down onto the pallet.

The railroad denied that it was negligent.

The jury disagreed and awarded the mechanic $1.45 million dollars.

Railroad injury case?

Mr. Beckcom is board-certified and handles injury cases against the railroads on behalf of injured railroad workers and their families. Mr. Beckcom accepts only a limited number of cases so he can devote his full time and personal attention to each client and each case.

Mr. Beckcom believes that injured railroad workers deserve the same level of legal help that the huge railroad companies receive. Mr. Beckcom's goal is to "level the playing field" for the injured worker and obtain the best possible settlement in the shortest amount of time.

To schedule an appointment to speak with Mr. Beckcom directly, call toll free at 877.724.7800 or use the contact form on this website.

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Texas police officer flips car after accident in high-speed chase

On the afternoon of February 16, a domestic dispute led to a high-speed car chase that resulted in an auto accident, injuring a police officer.  The suspect Danny Joe Flores, 25, allegedly assaulted his wife in Clear Lake then tried to escape from police when Houston Police arrived on the scene.

 

The Clear Lake resident tried to run over a deputy constable, then slammed into two police cars.  One of the cars he hit was on the Gulf Freeway near Clearlake City Boulevard which did not stop the suspect who continued on to hit a police SUV near Broadway.  The last crash caused him to spin out of control and smash into a concrete wall.

 

The crash was not enough to subdue the suspect, who then cut a Precinct 8 constable with a box cutter.  That wasn’t the only injury, as the first freeway hit caused the police vehicle to overturn, which deployed the airbag and sending the officer to the hospital.  The officer was treated for his accident injuries and released.

 

Flores will be taken to county jail after he recovers from his car accident injuries at Ben Taub hospital.  According to authorities he will be charged with two counts of attempted capital murder of a police officer.

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Police chase across Arlington ends with car crash and injuries in Fort Worth

A vehicle being pursued by police crashed in Fort Worth after a 10 mile chase across Arlington, Texas.  According to authorities, the chase began at 10:46pm on Monday February 16, 2009 on Arlington’s east side when a police officer noted that the car had been reported stolen.

 

The driver tried to escape onto East Pioneer Parkway (Spur 303) when the officer started to follow the stolen vehicle.  The driver continued to evade police for 10 miles, until the crash northwest of Lake Arlington.

 

Arlington police spokeswoman Tiara Ellis stated that the crash occurred in Forth Worth at the intersection of East Rosedale Street and East Loop 820.  One of the two people in the stolen vehicle had to be taken to John Peter Smith hospital from the crash scene due to injuries caused by the auto accident.

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Houston Police Department accused of skewing red light car crash study results

It’s a hot topic – do red light cameras really reduce the number of accidents at traffic intersections?  City officials and police departments like to think they do, because it’s an easy way to collect revenue from red light tickets and to police intersections without a police officer physically present.  But, do they really cut down on the number of intersection car crashes?

 

A recent study in Houston, Texas reveals that the number of accidents at intersections with red light cameras actually increased.  Controversy erupted when the Houston Police Department (HPD) was accused of trying to skew the study results.

 

While attorneys and activists who have been trying to rid the city of red light cameras jumped on the revelation that the HPD wanted to change the way accidents were counted as proof of conspiracy, the study authors contended that it was part of the normal back and forth necessary to finalize results.

 

Since the study authors noted that auto accidents have increased across Houston – not just at red light camera intersections – the cameras may not be to blame.  The controversy isn’t expected to end any time soon, although a revised report is due in August 2009.

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Lufkin TX motorcyclist seriously injured in accident with car

A motorcyclist had to be taken by helicopter to a hospital after being hit by a car in Lufkin, Texas.  The driver of the car, Mary Galloway, 90, pulled out in front of the motorcyclist, Anthony Lofton, 26.

 

Lofton skidded when he tried to avoid the car, and when he fell as a result of the skid he hit the car, a 2006 Ford Taurus.  Lofton was initially taken to local Memorial Health System of East Texas, but his injuries required that he be taken by helicopter to a different hospital.

 

Doctors have said they don’t believe that Lofton’s injuries are life-threatening, although the exact extent of his injuries is unknown.

 

Over 400 motorcyclists are killed every year in Texas, and about half of these deaths occur when the motorcycle is involved in an accident with another vehicle.

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Texas motorcyclist injured in tractor trailer accident dies

A man from El Campo, Texas was killed when he drove his motorcycle into the back of an 18-wheel tractor trailer, according to the Pierce Department of Public Safety.  The driver of the truck was making a right hand turn onto Country Road 448 when the motorcyclist hit him from behind.

 

Troopers are investigating why the man, Leonard Ramon Minjarez, 37, crashed his 2008 Harley Davidson motorcycle into the back of the truck instead of stopping.  Miniarez was pronounced dead at the scene of the accident by a Wharton County Justice of the Peace.

 

The motorcyclist was not wearing a helmet at the time of the accident.  In Texas, only riders 20 years of age or younger are required to wear a helmet while riding a motorcycle.

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Four Texas Teens Dead in Pickup Truck Accident

Of five teenagers riding in the cab of a Ford F150 pickup truck, four are dead after the truck spun out of control on U.S. 280 in northwest Houston.  The driver was apparently trying to navigate from Loop 610 to U.S. 290 when he lost control of the vehicle and crashed into a concrete wall.

 

According to police reports the driver of the pickup truck was the only survivor of the accident and he suffered broken bones.  Three of the teen passengers were pronounced dead at the scene and the fourth teen died later at a local hospital.

 

The identities of the victims will be released after they are verified by the Harris County Medical Examiner.  Alcohol is not believed to be a factor in the accident, but the Medical Examiner will review the case for possible criminal charges.

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Texas Mother to be Charged in Auto Accident Death of 2 Children

A Texas woman is to be charged with two counts of criminal negligent homicide after her children died in an auto accident while she was driving.  The 19 year old mother was driving north on Highway 87 and crossed over into oncoming traffic, colliding with a garbage truck.  Her two children were killed at the scene and the woman, Saira Romero, was taken to the hospital with broken bones.

 

The woman’s one year old child was wearing a seat-belt, which is not legal in Texas.  One year old children must be restrained in a child safety seat appropriate for their age and height.  The woman’s 5 year old child was neither wearing a seat belt nor was she in a child safety seat.

 

The woman is being charged with criminal negligent homicide as both children should have been properly restrained in the vehicle.  According to police, Romero was also driving too fast.

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Man Who Stole Christmas Presents Involved in Car Crash

A man who stole Christmas presents from under an Austin family’s tree was involved in a car accident as he tried to run away, according to Austin police.

Police told CBS 42 that the thief had stolen about $3,000 worth of gifts and other items.  However, the presents have been returned to the McIntosh family home in South Austin.

Melodee McIntosh believes that her family is very lucky because most people do not get their stolen items back.

Last week, the family came home to find that presents were missing along with family mementos.  “How dare someone just waltz in, take something that’s not theirs,” said Melodee McIntosh.

She started to worry about how she was going to replace her daughters’ iPods, portable Playstations, new clothing and more.  Later that day, McIntosh noticed an accident while she was driving.  She thought to herself that it would be karma if the person involved in the crash was the one who stole her presents.  It turns out that it was the same person.

As the police officer took the burglary report, he heard a vehicle description from a hit and run accident that occurred nearby.  The vehicle matched the victim’s.  When the police officers reached the car, they found Christmas presents that matched the description given by the victim.

The presents were returned, unwrapped, by the police officers.  The wrapping paper was being tested for fingerprints.

Now all the family wants for Christmas is to see the burglar behind bars.  The suspect apparently walked away from the crash and has still not been found.  A witness at the accident scene was able to give police a description of the suspect.  He has been described as a Hispanic man, approximately 5’ 6” tall, about 150 pounds with brown eyes and brown hair.  At the time of the crash, he was driving a 1989 white Cadillac with Texas license plates.

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Woman Injured in Two-Vehicle Accident

A woman was injured in a crash near Huntington on the morning of Tuesday, December 16, 2008, which temporarily closed down the U.S. Highway 69 and caused a traffic back up south of Huntington.

The woman was taken to the hospital for treatment for her injuries, following a crash between two large trucks.  According to police, Jewel Buler, a 20-year-old man, was turning northeast onto U.S. 69 when his white Dodge 4x4 was hit on the driver’s side by a red Chevy truck with Oklahoma license plates that was heading southwest at Marshall Ivy Road in between Huntington and Zavalla.

Emergency personnel responded to the car accident and carried the Chevy driver, a woman whose name and age was not released at the time of the article, by stretcher to an ambulance.  She was transported to Memorial Health System of East Texas.  The woman’s husband was also in the vehicle, but was able to walk around the crash scene right after the accident.

At the time of the crash, the weather conditions made it difficult to see.  It was cold and foggy due to a recent cold front that had blown in the previous evening. 

"I was pulling out and I looked left and then I looked right.  I didn't see anyone coming and then they were right there. I guess they were in my blind spot."  Buler said.

Trooper David Hendry from the Texas Department of Public Safety said that Buler did not yield to the other truck.  Hendry said that they do not assign fault at the scene of the accident, but Buler’s failure to yield to the truck will be considered as a contributing factor in the crash.

The original article regarding this accident was titled “Woman Injured in Two Vehicle Accident Tuesday near Huntington,” and can be found on LukinDailyNews.com.

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Worker on Schlumberger vessel who was severely burned gets 6 million dollar verdict

According to news reports, a 37 year old deckhand working aboard a vessel owned by Schlumberger has obtained a 6 million dollar verdict, plus court costs, after he was burned over 45% of his body.

A tank containing zinc bromide mixed with sand overheated, causing a plumbing failure.  This resulted in the worker being drenched with hot zinc bromide and being severely burned.

He was burned over 45% of his body, including his eyes.  The worker suffers from high blood pressure, depression, and post-traumatic stress disorder.

The worker filed a lawsuit against the vessel and her owner under the Jones Act and general maritime law.

After a bench trial, the judge awarded the worker $5.64 million dollars.  With interest, the award came to $6 million dollars.

Injured on a vessel or oil rig?

Our attorneys often represent workers who are injured on vessels or oil rigs or in similar circumstances.  If you would like to find out about these types of accidents, insurance claims, etc. visit our law firm website and go to the Jones Act and maritime injury section.

Or call our office toll free, 877.724.7800 for a free and confidential evaluation of your case with Mr. Beckcom.

 

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Accidents in El Paso Last Tuesday - One Person Killed

Semi-Truck Crash on I-10

A semi-truck was heading eastbound on I-10 near Schuster exit in El Paso, when it skidded and struck the left median.  According to emergency dispatchers, no injuries resulting from the accident were reported.  The freeway was closed down for several hours Tuesday afternoon, while crews worked to clean up the spilled fuel on the highway. 

Woman Dies After Being Hit by a Truck

According to police, a woman was killed after she was hit by a truck so hard, it severed her leg.

As of 7:00 AM on Tuesday, December, 9, 2008, police units in El Paso were still blocking off Gateway North past Cohen street, just south of where the fatal accident occurred.

Police told reporters that the tragic crash happened at approximately 2:20 AM when a vehicle traveling north on U.S. 54 ran out of gas.  The three occupants, who were women, got out of the car and began pushing it to the shoulder of the highway.

As the women were pushing the car, a truck slammed into it and one of the women.  The impact of the crash caused the car to roll over onto the access road and severed the woman’s leg.  The driver fled the accident scene on foot.  The only detail that was released about this driver was that he was male.

The woman was rushed to Beaumont Army Medical Center, where she was later pronounced dead just before 5:00 AM.  She died from her injuries.

Police officers eventually found the driver of the truck near some surrounding businesses, not a far distance from the accident site.

Officers believe that the man may have been drinking.  He was not immediately arrested due to his injuries, which required treatment at the hospital.  According to police, the man will be taken into custody upon his discharge from the hospital.

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Motorcyclists in Danger on Texas Roads

Christopher O’Leary was driving his motorcycle when he was hit by a vehicle running a red light.  He had been sitting on his motorcycle at the intersection of Spur 364 and Loop 323 when the light changed to a protected green arrow to turn.  As he started to make his turn, he was struck by a vehicle.

O’Leary was immediately transported to East Texas Medical Center where he was treated for a massive head trauma.  He later died, despite the doctor’s best efforts, due to his injuries.

At the time of the accident, O’Leary was wearing his helmet, was not speeding, did not break any traffic laws and was not showing off the skills he had mastered while putting thousands of miles on his motorcycle.  O’Leary didn’t do anything wrong when the accident occurred, but he was still killed.

Several years ago, the U.S. Department of Transportation and the National Highway Traffic and Safety Administration conducted a full report on fatal single vehicle motorcycle crashes.  The statistics were presented to the public to provide some insight into the possible causes of these types of motorcycle accidents.

According to the report, 38,000 motorcyclists died in single vehicle accidents between 1975 and 1999.  The age group with the most fatalities was the 20 to 29-year-old age group, with statistics showing that 30 percent to 46 percent of the fatalities that occurred between 1990 and 1999 were from this age group.  Motorcyclists who rode at night were at an increased risk, when compared to daytime riders.  Researchers found that as many as 70 percent of the 1,021 motorcyclists who died in 1990 were riding at night.

The report went on to list numerous reasons for motorcycle fatalities that included such factors as speeding and alcohol.  However, danger is sometimes out of the motorcyclist’s control, which is proven by O’Leary’s unfortunate death.

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Deputy Constable Injured in Tow Truck Accident

One of the two tow truck drivers involved in a recent crash has been arrested for driving while intoxicated (DWI).  The driver had crashed his truck into a deputy constable’s vehicle in northwest Houston.

The crash occurred at approximately 2:15 AM on Wednesday, December 3, 2008 on Highway 290, which is the Northwest Freeway frontage road near West 43rd Street.  At the time of the accident, the off-duty deputy was controlling traffic near the barricaded intersection.  The tow truck crashed into the precinct vehicle, which then barreled into the off-duty deputy who could not move out of the way in time to avoid it.

According to investigators, the tow truck driver did not see the roadblock before he crashed into the precinct vehicle.  Right after the first tow truck crashed into the deputy’s vehicle, a second tow truck from the same towing company smashed into the rear of the first truck.  It is believed that the second tow truck driver was following too close behind, which prevented him from stopping in time to avoid the accident.

Luckily, the deputy constable only sustained minor injuries and was treated at the site of the accident.  The tow truck driver of the first tow truck was arrested for driving while intoxicated, while the second tow truck driver was tested for his level of intoxication.  However, only one arrest was made following the injury crash.

As a result of the tow truck accident involving the deputy constable, westbound frontage lanes were blocked at the crash site, which allowed Houston police to investigate the area for more information about the accident.

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Texas Bus Driver Faces Manslaughter Charges

After a terrible bus crash last year that killed four people, the Texas bus driver faces manslaughter charges.  There isn’t enough evidence to charge him with negligent homicide, according to a prosecutor.

The bus driver, Felix Badillo Tapia, 29, of Brownsville, Texas, is facing four counts of manslaughter that each carries a maximum jail sentence of 10 years and a $10,000 fine.  On Wednesday, November 19, 2008, prosecutors filed the amended charges before a court hearing.

The tragic bus crash occurred in Arkansas and under that state’s law, to file felony negligent homicide charges it is required to prove a person is intoxicated by alcohol or drugs in a motor vehicle accident.  If intoxication cannot be proven, the charges should be considered a misdemeanor.

According to Prosecutor Fletcher Long, the responding Arkansas State Police troopers and local police did not conduct a field sobriety test on Tapia after the bus accident on Interstate 40 in St. Francis County.  The officers could not remember whether Tapia had difficulty working or acted strangely after the crash.

Police investigation reports later showed that police officers discovered amphetamines in Tapia’s possession and witnesses said that he was talking on a cellular phone at the time of the crash.  Reports also show that Tapia claimed he lost consciousness and fell to the floor before the accident after sipping a soda.

Tapia was driving for the Tornado Bus Co. from Chicago to Dallas when the bus crossed over the median near Forrest City on November 25, 2007.  The bus crashed into a pickup truck and a tractor trailer, which killed three of the occupants in the bus and the pickup’s driver.  Over 20 people were injured in the crash.

The penalties for negligent homicide and manslaughter are the same in Arkansas, but prosecutors wanted to ensure that Tapia received the harsher charges.  Tapia is currently free under a $50,000 bond.

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Abandoned Car Accident Leads to Arrest

When the police responded to an abandoned car accident early last Monday morning, the situation quickly turned into a manhunt and eventually led to the arrest of a Houston man, according to Huntsville Police officials.

The incident started at approximately 5:00 AM when a passerby reported a single vehicle crash at mile marker 112 on I-45, near the TDCJ Goree Unit.  When a police officer responded to the scene, the vehicle was found unoccupied, but the crash looked as though it was recent.  The officer then called in the license plate numbers on the car, which was a beige Mazda and discovered that the vehicle had been reported stolen in Plano just three hours prior.

It was also discovered that the driver of the car was wanted for aggravated robbery, after he repeatedly stabbed the vehicle’s owner while stealing it.

After finding out this new information, Huntsville Police promptly began an extensive manhunt for the driver.  All day-shift officers were called to assist with the search, along with scent dogs from the Texas Department of Criminal Justice.  A request was also made for a Department of Public Safety helicopter, but it was not used.

The search had been underway for two hours when a police officer stopped a woman while she was starting her car.  He informed her about the fugitive and she mentioned that she had heard a suspicious noise that morning.  The polce officer found an adult Hispanic male sleeping insde in the back seat of an unused vehicle in the driveway.  He then called for backup.

The man was taken into custody without incident.  He was confirmed to be the driver of the abandoned vehicle.  When he was discovered, there was blood on his clothing, but it was not determined if the blood was the result of the stabbing from earlier that morning or if it was from the car accident.

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Leg amputation on barge leads to large settlement

A 24-year old worker who was training to be a deckhand was assigned to a couple of barges while working for Material Services Corp.  The barges seperated as the deckhand was moving from one to the other, causing his right leg to slip into the gap between the two barges.  The barges then came together, crushing his leg.

The worker's past medical costs were $516,000, past lost income was $42,000, and he claimed $2,000,000.00 in future medical costs and $600,000.00 in future wage lost.

The worker sued under the Jones Act, alleging that the company failed to provide a safe workplace, proper equipment, and training.

The company denied fault, claiming that it was the young worker's fault that his leg was crushed.

Injured Offshore? Helpful resources and articles

Do you have a Jones Act or maritime injury case?  The Jones Act and Maritime Attorneys at Vujasinovic & Beckcom, P.L.L.C. have successfully handled all types of maritime injury and Jones Act cases.

Before you talk to the company or any insurance adjusters, before you give a recorded statement, and before you choose the wrong attorney for your case, request a copy of Mr. Beckcom's book and read this list of helpful articles.

Interested in learning more about really happens in a maritime injury case?

Click here to request a copy of the "Insider's Guide to Winning Your Maritime Injury Case"

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1.  How to hire the best lawyer for your Jones Act or offshore injury case

2.  How much is my Jones Act, maritime injury, or offshore injury case worth?

3.  What is the Jones Act?

4.  How to wreck your Jones Act case

5.  Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

6.  What is a Longshoreman and What Are Their Legal Rights When Injured?

7.  The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

8.  The Truth About Offshore Injury Claims.

9.  What Should You Do If You Are Injured Offshore

10.  What you should know if you were hurt offshore and your employer is giving you a hard time

11.  Should I give my employer or the insurance company a "recorded statement?"

12.  Do I need to hire a lawyer for my Jones Act or offshore injury claim?

13.  What happens when you file a Jones Act lawsuit.

14.  6 Critical Things you must know if you are injured at sea

15. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

16. I was injured on a cruise ship - What are my legal rights?

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases.  If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

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Texas Tech Student Killed in Head-On Collision

Last week, a female student from Texas Tech University was the third person to die from a head-on car crash that occurred in Grimes County.  Chelsea Wiseman, an 18-year-old woman from Austin, died at Memorial Hermann-Texas Medical Center from injuries sustained in the fatal car accident.

Wiseman was one of five Texas Tech University students riding in a 2008 Subaru Legacy that hit a 2006 Dodge Ram pickup head on, during the afternoon of November, 9, 2008.  Wiseman died late Tuesday, November 11, 2008.

Two other Texas Tech University students who were passengers in the vehicle died at the scene of the crash.  Kyle Drew Anderson, 19, and Jeffrey Michael Inns, 19, both from Montgomery, were killed and Marissa Whitworth, 18, of San Antonio, was reported as being in good condition at Memorial Hermann on Wednesday, November 12, 2008.

Robert Baigrie, a 19-year-old man from Nassau Bay, was driving at the time of the accident.  He was treated for a neck injury and released from Conroe Regional Hospital on Sunday. 

Investigators are still looking into the exact cause of the fatal crash. 

The Texas Tech University students were visiting the Texas Renaissance Festival in Plantersville that weekend and were on their way back to Lubbock when the accident occurred at approximately 1:15 PM.  Baigrie’s vehicle was heading eastbound when it veered into the westbound lane and collided with the pickup.  The driver of the pickup was not injured, but his 5-year-old passenger suffered bruises and abrasions, according to Texas Department of Public Safety officials.

Wiseman’s MySpace page said she wanted to be an interior designer/decorator.  She also was passionate about shopping and liked to scrapbook, the MySpace page said.  Wiseman listed her parents among her heroes.  Her family could not be reached for a comment last week.

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Tractor-Trailer Accident Kills Two Truck Drivers

Last week, a catastrophic head-on collision of two tractor-trailer rigs killed the two drivers on U.S. Highway 281 South in Palo Pinto County.

The tractor-trailer accident occurred at the Union-Pacific railway overhead crossing approximately 10 miles south of Mineral Wells, north of the Brazos River bridge.  The highway was shut down in both directions that morning, while crews from Mineral Wells Volunteer Fire Department worked to remove the fatally injured drivers from the cabs of their smashed tractor-trailers.  There were no passengers in either truck.

Bobby Hart, the Palo Pinto County Precinct 5 Justice of the Peace, pronounced both truck drivers dead at the scene of the crash and ordered routine toxicology tests on both men.  The drivers were identified as 25-year-old Werner “Vern” Henry Vanzuydam of Stafford, Kansas and 43-year-old Douglas Joseph Voss of Mesquite, Texas.

The crash was under investigation throughout Monday by the Texas Department of Public Safety.   Based on reports and witnesses, a double-trailer rig owned by Hearn Farms Inc. of Stafford, Kansas, which was driven by Vanzuydam, was heading northbound when it moved to the left of the center of the two-lane highway at the narrow, underpass that did not have a shoulder.

Voss was heading southbound, driving a refrigerated trailer hauling various foods and grocery items in a rig owned by Jones Vending and OCS Distributors Inc. of Dallas, Texas, when he slammed on his breaks.  The southbound tractor-trailer combo started to jackknife as the northbound rig slammed into its cab, which pushed the entire rig backward.  Both cabs were smashed and torn apart.  Voss appeared to have died from internal chest and torso injuries and Vanzuydam was crushed inside his cab.

Diesel fuel was spilled onto the highway as both fuel tanks were ripped open.  The fuel went down a storm drain leading to the nearby Brazos River.  An environmental cleanup crew was called to clean up the damage.  Ed Bodiford, a district official with the Texas Department of Public Safety, said that the cleanup crew would look into the drain, tributary and river to stop and remove the fuel from the waters and ground.

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Two Single Car Accidents Occurred Just One Day Apart

Two separate accidents sent two people to local hospitals in the last two days.  Alcohol was believed to have been a factor in one of the crashes.

The first accident happened on the night of Thursday, October 23rd on State Highway 5 in Anna.  The second accident occurred on Friday night, October 24th, at the intersection of Virginia Parkway and St. Gabriel Way in McKinney, according to city and county dispatch reports.

The crash in Anna involved a Chevrolet pickup truck and occurred shortly before 10:00 PM in the 1000 block of SH 5, not far from Anna High School.  Sgt. Jeff Caponera with the Anna Police Department said that the driver, 18-year-old Nathan Rollins of Anna, was traveling northbound on the highway when his vehicle suddenly veered off the road and crashed into a tree.  According to Caponera, it is unknown what caused the vehicle to veer off of the road, but investigators believe that Rollins either passed out or was sleeping behind the wheel at the time of the crash.

Medical helicopters were on stand-by, but paramedics ended up taking Rollins to Medical Center of Plano by ambulance for emergency medical treatment.  Rollins’ condition has not been released.

Caponera said that investigators are considering the possibility that alcohol played a role in Rollins’ crash, because an odor of alcohol was detected on his breath.  Investigators are trying to determine if any charges will be filed against him.

The second single car accident happened at approximately 6:42 PM at the intersection of Virginia Parkway and St. Gabriel Way.  This crash involved a motorcycle, according to McKinney police officers.  The unidentified driver of a Honda CVR 1000 lost control of his vehicle and smashed into a curb that connected the median in the roadway.

The motorcycle launched into the air a