Downs Brill Whitehead – Recent News from around the Country

Daniel C. Price, of La Mesa, California, was diagnosed as having contracted the West Nile Virus from a mosquito bite while employed by marine construction contractor Connolly-Pacific. Although Price worked on board the derrick barge “D.B. Long Beach” five days per week, he was not required to live aboard the vessel. Instead, Price was given special permission to park a camper truck in a Connolly-Pacific parking lot near the job site.

After contracting the virus, Price was unable to return to work and his employment was subsequently terminated. Citing maritime law provisions requiring vessel owners to provide “maintenance and cure” to injured or ill seamen in their employ, Price filed suit against Connolly-Pacific for compensation for his food, lodging, and medical care.

Although Connolly-Pacific conceded that it was likely that Price contracted the virus during the period he was employed by the company, the California Court Of Appeal, Second Appellate District affirmed that because Price was not obligated to remain on company property after his working hours, he was not covered under the “maintenance and cure” provision, which was intended to cover “blue water” seamen who are required to live aboard a vessel during the entire period of their employment.

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The 1985 John Deere 750b bulldozer traveled over 250 yards without control, pushing construction debris about until coming to rest at the base of a large tree. No other injures were reported.

64-year-old James C. Eastman died around 10 a.m. EDT as a result of injuries suffered in the incident. Eastman had been working as a subcontractor, moving loads of fill and helping to construct a new road at the Hanson Quarry on State Route 3 in the town of Pamelia, north of Watertown.

Emergency personnel were summoned to the scene of the accident around mid-morning. New York State Police were assisted at the accident scene by personnel from Guilfoyle Ambulance, the City of Watertown Fire Department, and North Pole Fire Department. A State Police spokesman said an investigation into the incident is ongoing and that an autopsy is scheduled for Tuesday in the Jefferson County Medical Examiner’s Office.

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Louis Coletti of the Building Trades Employers’ Association claimed that while safety is the industry’s top priority, building inspectors are shutting down projects unnecessarily over minor violations, including paperwork technicalities, in fear of losing their jobs. Former New York City Department of Buildings Commissioner Patricia Lancaster resigned last month under a cloud of controversy following a number of public embarrassments for the Department, including a deadly March 15 crane collapse which killed seven.

As a result, stop-work orders on construction sites rose from 785 issued in January to over 1,400 in April. Acting Buildings Commissioner Robert LiMandri denied that construction work sites were being intentionally slowed, emphasized that safety would not be compromised, and reiterated that adherence to NYC construction laws is crucial to the city’s future development.

To date, 14 people have died in eight separate NYC construction accidents in 2008, more than during the entirety of last year.

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Mercer County Common Pleas Judge Francis J. Fornelli approved the settlement for Stanley and Rhonda Mariacher on April 29. The settlement allocates $550,000 for pain and suffering, $25,000 for past and future medical expenses, $60,000 for lost wages, and an additional $50,000 to Rhonda Mariacher for the loss of consortium.

Stanley Mariacher suffered a severe spinal cord injury, as well as traumatic psychological and neurological damage, as a result of a fall in January of 2004 at Wheatland Tube Co. While securing the freight that had been loaded onto his trailer by Wheatland Tube employees, Stanley fell and suffered severe injuries. The couple brought the suit against Wheatland Tube Co. because the couple felt the company placed Mr. Mariacher at “unreasonable risk.”

The insurance company representing Wheatland Tube Co., Sentry Select Insurance Co., is seeking to obtain compensation from Stanley Mariacher’s employer’s insurance company for legal fees and reimbursement of the settlement. The counter claim is being brought forth in U.S. District Court, Pittsburgh.

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Officials from Florida’s Department of Environmental Protection visited the neighborhood of Azalea this week to hear residents’ concerns about the groundwater pollution. Last week, an independent engineering firm measured 39 of the town’s 63 irrigation wells for signs of contamination and found that at least six of the wells which were analyzed tested positive for chemicals including vinyl chloride and 1,4 Dioxane. One of the wells tested had 20 parts per billion of 1,4 Dioxane – far greater than the 3.2 parts per billion that the state of Florida allows.

The lawsuits, filed last month by residents of Azalea, argue that the chemicals are known to cause cancer and other ailments, and have negatively affected the retail value of the properties in the neighborhood. The lawsuits ask for restitution from Raytheon to cover medical screenings and continuous monitoring; the clean-up and removal of the chemicals from the groundwater; and compensation for the loss in property value.

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The settlement, filed Wednesday with U.S. District Judge Shira Scheindlin in New York, would seek to resolve lawsuits filed against the companies in 20 states for groundwater contamination by the chemical methyl tertiary butyl ether (MTBE).

Some oil companies however, notably Exxon Mobil Corp., have refused to settle the lawsuits, asserting that no damage has been done and that the use of MTBE, a pollution-reducing oxygenate, was required by the federal Clean Air Act.

The settlement must be reviewed by U.S. District Judge Shira Scheindlin before it can go into effect.

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The Mentor ObTape Vaginal Sling is a surgically implanted device designed to control female stress urinary incontinence. Among other causes, female SUI is linked to vaginal trauma during childbirth. Because it involves the involuntary loss of urine, female SUI may cause emotional distress and social isolation.

The vaginal sling was developed around 100 years ago to replace weakened muscles of the urethra. The design of the Mentor ObTape Vaginal Sling, however, differs from that used in other brands. Unlike other vaginal slings, the Mentor ObTape is not woven and may impede the delivery of vital nutrients and oxygen to the vaginal area. Lawsuits filed against Mentor claim that vaginal erosions, infections, and extrusion and urinary tract erosion occurred as a result of the ObTape Vaginal Sling.

A study published in 2006 by the Continence Center at Virginia Mason Medical Center, in Seattle, Washington, concluded that the Mentor ObTape was associated with a high rate of vaginal erosions. These conclusions led the institution to discontinue using the Mentor product.

Although Mentor removed the ObTape Vaginal Sling from the market in 2006, less than 3 years after it was introduced, the number of women who have been adversely affected is unknown.

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In order to win this award, a vehicle must provide overall crash protection that is superior to all other cars in its class, as well as be equipped with electronic stability control.

The Forester scored the highest marks for rear, side, and offset frontal-impact protection during crashworthiness testing.

You never know what type of crash you will be involved in, said IIHS President, Adrian Lund. That is why it is important to choose a vehicle the will protect you in many types of crashes, and the Top Safety Pick designation can help you make that choice, he said.

Crashworthiness evaluations are based on various speeds, depending on the area being tested. Frontal evaluations are based on 40 mph, while rear testing is based on a 20 mph impact.

Other Subaru vehicles that received the highest accolades include the 2008 Impreza, Legacy/Outback, and Tribeca.

We commend Subaru for making this elite group of cars with outstanding crashworthiness, Lund said.

Testing by the IIHS is respected throughout the world.

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In the past seven months, 14 Marines died in auto accidents, and seven died in motorcycle accidents, an alarming trend that represented a higher loss of life than Marines who died in combat in the same time frame. Since October of last year, 14 Marines were killed in Iraq and Afghanistan.

The number of Marines who died on motorcycles has been high for the past three years. In 2007, 19 Marines died — the highest number of deaths recorded. In 2006, 17 motorcyclists died, four more than in 2005.

CMC, Gen. James T. Conway, expressed his concern over the staggering loss of life. He asked leaders to get tough on vehicle safety laws, especially with motorcyclists. Motorcyclists must report their bikes so that their license, registration, and training can be verified.

May is considered Motorcycle Safety Awareness Month.

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This comes after multiple trucks hit Oahu’s Gulick overpass within the past few weeks. The H-1 overpass is one of the lowest on the island.

Two weeks ago, the driver of an Island Topsoil Service truck failed to clear the 14-foot-3-inch overpass by six inches, sending small chunks of concrete to the freeway below.

The accident caused an inconvenience to morning traffic as officials moved the truck to the side of the road and photographed the damage.

Two days prior, another truck spilled 300 gallons of paint on the Waipahu off-ramp, which took four hours to clean up.

It’s the responsibility of heavy-load drivers to make sure their loads are properly measured and secured, said DOT spokesman, Scott Ishikawa, adding that failing to do so could inconvenience and even endanger the public.

Structural damage can also cost big bucks. In 2006, an Army transport crashed into a pedestrian overpass, shutting down all six lanes. It cost $700,000 to fix. The driver of the truck also did not have a permit.

We’re not giving out permits for the sake of giving out permits, Ishikawa said. We want to make sure that loads are properly secured and help drivers map out alternative routes.

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