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  <title>The Ammons Law Firm - News</title>
  <link>http://www.ammonslaw.com/home</link>
  <description>The Houston Personal Injury lawyers at the Ammons Law Firm work with injured people and handle many types of litigation cases such as Products Liability and Wrongful Death cases.</description>
  <pubDate>Tues, 20 Apr 2010 15:00:00 -0600</pubDate>
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    <title><![CDATA[
by Associated Press


Originally printed at http://www.khou.com/home/Toyota-recalls-23M-US-vehicles-to-fix-gas-pedals-82315057.html


NEW YORK -- Toyota said Thursday it is recalling 2.3 million
vehicles in the U.S. to]]></title>
    <pubDate>Sat, 13 Mar 2010 00:00:00 -0700</pubDate>
    <link></link>
    <description><![CDATA[
by Associated Press


Originally printed at http://www.khou.com/home/Toyota-recalls-23M-US-vehicles-to-fix-gas-pedals-82315057.html


NEW YORK -- Toyota said Thursday it is recalling 2.3 million
vehicles in the U.S. to]]></description>
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    <title><![CDATA[Ammons news item #2]]></title>
    <pubDate>Sat, 06 Mar 2010 17:39:59 -0700</pubDate>
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    <description><![CDATA[Ammons news item #2]]></description>
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    <title><![CDATA[

Transocean Rig Explosion Update: Major Oil Leak Continues 



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    <description><![CDATA[

Transocean Rig Explosion Update: Major Oil Leak Continues 



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    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
WASHINGTON &mdash;
The National Highway Traffic Safety Administration has announced the 
recall of 127,183 Firestone FR380 tires, size P235/75R15 because of a 
potential safety defect .


The tires were manufactured between September 2007 and July 2008, and
were produced with insufficient tread base gauge. Continued use ofthose
tires may lead to vibration and groove cracking, while extended use 
could lead to tread distortion or tread separation and a loss of vehicle
control. 


Firestone&#39;s parent company, Bridgestone, will notify owners and 
replace the tires free of charge.


Owners can call (800) 465-1904.


N.H.T.S.A. Firestone Tire Recall 


Tire Brand Name / Tire Line / Tire Size:  FIRESTONE / FR380 / 
P235/75R15


Production Dates:  SEP 09, 2007 - JUL 02, 2008


Manufacturer: BRIDGESTONE/FIRESTONE NORTH AMERICA TIRE


Mfr&#39;s Report Date: JUN 25, 2009


NHTSA CAMPAIGN ID Number: 09T007000  N/A


NHTSA Action Number: N/A


Component: TIRES:TREAD/BELT


Potential Number of Units Affected: 127183


Summary: 


BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC (BATO) IS RECALLING 127,183
FIRESTONE FR380 TIRES, SIZE P235/75R15, MANUFACTURED FROM SEPTEMBER 9, 
2007 THROUGH JULY 2, 2008. THESE TIRES WERE PRODUCED WITH INSUFFICIENT 
TREAD BASE GAUGE.


Consequence: 


CONTINUED USE OF THE SUBJECT TIRES MAY LEAD TO VIBRATION AND GROOVE 
CRACKING. EXTENDED USE COULD LEAD TO TREAD DISTORTION OR TREAD 
SEPARATION AND LOSS OF VEHICLE CONTROL.


Remedy: 


BATO WILL NOTIFY OWNERS AND REPLACE THE AFFECTED TIRES FREE OF 
CHARGE. BATO WILL ALSO MOUNT AND BALANCE THE REPLACEMENT TIRES, ALL AT 
NO CHARGE OR EXPENSE TO THE OWNER. THE SAFETY RECALL IS EXPECTED TO 
BEGIN ON OR ABOUT JUNE 29, 2009. OWNERS MAY CONTACT BATO TOLL-FREE AT 
1-800-465-1904 OR VISIT THEIR WEBSITE AT WWW.FIRESTONETIRE.COM.

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    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
Man Ejected From Truck During Accident Files Lawsuit Against Ford Motor Company For Seat-Back and Seatbelt Failure 



HOUSTON,TX October 15, 2010: Accident attorney Rob Ammons of the Ammons Law Firm and Jason Gibson of The Gibson Law Firm have filed a lawsuit against Ford Motor Company on behalf of Michael Williams after he became a paraplegic after a truck accident . 

Williams was a passenger in the 2000 Ford F-150 Truck when the driver fell asleep and the truck overturned three times.  Williams was ejected from the truck even though he was wearing his seatbelt.  Williams is now paralyzed from the waist down. 

&quot;Ford Motor Company failed to safely design, manufacture, and inspect the seat and seatback of the truck Michael Williams was a riding in and it cost my client his ability to walk. &quot; says Ammons. &quot;Ford Motor Company defectively designed the seatback and the seat belt/restraint system making it unreasonably dangerous for its intended use.&quot;  

Unit Texas Drilling, LLC and L.C. Jones, employers of Michael Williams are also named in the lawsuit for failing to maintain policies and procedures that ensured workers received enough rest between shifts. 

Rob Ammons is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, in addition to being Board Certified in Civil Law by the National Board of Trial Advocacy. Rob Ammons&#39; law practice, The Ammons Law Firm, is located in Houston, Texas. The Ammons Law Firm practice is exclusively personal injury law, handling such cases as: tire defects, oil rig explosions, truck accidents, plant explosions, refinery accidents, wrongful death, post-collision fires, seat belt defects, airbag defects, SUV rollovers and workplace negligence.  
  


### 

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    <title><![CDATA[Rob Ammons Talks to NBC News About Defective Airbags]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[



&nbsp;




	
	
	
	
	
	


&nbsp;


By Robert Arnold, KPRC: 



When Brianne Haltom woke from a medically induced coma, she saw her husband&#39;s face and had a thousand questions buzzing in her head.



&quot;I was like, &#39;Did we have a party?&#39; He was like, &#39;No, you were in a wreck,&#39; and it all came down on me,&quot; said Haltom. &quot;I don&#39;t even remember being in a wreck. I don&#39;t remember being in a hospital.&quot;


Last November, an undiagnosed medical problem called arteriovenous malformation, or AVM, caused Haltom to have a seizure and veer off a Liberty County road into a tree. Her head slammed into the steering wheel when her air bag did not go off. Haltom suffered a brain injury and facial fractures.


&quot;I can feel this side is bigger because I had surgery done. It was broke, the rest was fractured,&quot; said Haltom while referring to the right side of her head.


Haltom also suffered an eye injury.


&quot;This side is mostly dead. I can&#39;t see out of the side of my eye,&quot; said Haltom.


Shortly after the accident, Haltom&#39;s family suspected something was wrong. Despite having a severe front-end collision, the driver&#39;s side air bag on Haltom&#39;s pick up did not deploy, but the passenger side air bag did go off and likely spared Haltom&#39;s mother from serious injury.


When one air bag deploys, but the other does not, it&#39;s referred to as a split deployment.


Years of crash tests show us the clear benefits of air bags. The National Highway Traffic Safety Administration , which sets standards for the automotive industry and investigates defects, reports that 22,500 lives have been saved by ai rbags since 1998.


NHTSA also reports that in 2006, air bags deployed  in 1.1 million crashes nationwide. Yet, two years ago, Local 2 Investigates uncovered several head-on crashes involving all different makes and models of cars and trucks where attorneys and victims argued air bags should have gone off, but did not.


&quot;Every day, I have to wake up thinking about how I&#39;m not the same, you know?&quot; said Elmer Parada during an interview with Local 2 in February 2008.


Parada suffered head injuries during a front-end collision in which the driver&#39;s side air bag  did not deploy, but the passenger side air bag did go off.


&quot;It&#39;s not happening enough to where it gets the attention that you see that really sparks the interest of the Congress or the media,&quot; said attorney Rob Ammons, who represents both Haltom and Parada.


Ammons argues the federal government is not doing enough to investigate &quot;split deployment&quot; cases. Rather, Ammons said he believes the government relies on what he calls the &quot;body count&quot; method.


&quot;Once the death count reaches a certain level, it gets Congress&#39; attention and there&#39;s a big effort and a hoopla one might say,&quot; said Ammons.


After Local 2&#39;s story aired two years ago, the Insurance Institute for Highway Safety published the findings of a study in a March 2009 status report.


The institute looked at a sample of fatal front-end crash cases logged in nationwide accident databases and determined from the sample &quot;an estimated 50 to 100 deaths per year involving potential air bag failures. It&#39;s 1 to 2 percent of all deaths of front-seat occupants in frontal crashes.&quot;


While considered an extremely low number, the institute&#39;s senior epidemiologist, Elisa Braver, was quoted in the report stating, &quot;Still, it&#39;s hundreds of deaths during the years of our study, and we need to see if they could have been avoided.&quot;


Ammons worries cases are getting overlooked. The institute&#39;s study only involved fatal front-end crashes, not front-end crashes involving those who suffered injuries but survived. Ammons said every time he handles one of these cases, he submits all the information to NHTSA.


&quot;God love them, you give them the information and either they&#39;re overloaded or they don&#39;t respond for one reason or another,&quot; said Ammons.


For victims like Haltom, she wonders if no one finds out exactly what happened in her case, then it can happen again.


&quot;They should, you know, like they should get in big trouble, but I don&#39;t know, be miracle if they do,&quot; said Haltom, whose case was settled out of court with the automaker under a confidential agreement.


Ammons informed Local 2 on Tuesday morning that he received a call from NHTSA asking for more information about Haltom&#39;s case.


When Local 2 spoke with NHTSA officials, they offered no comment on the institute&#39;s study.


NHTSA officials also pointed out it has only received 49 complaints of split deployment, or what the government refers to as &quot;asynchronous deployment&quot; since 1997.


NHTSA officials could not say whether an investigation determined an exact cause in any of those cases. NHTSA officials said they don&#39;t believe the number of reported potential air bag problems shows a pervasive problem.


&nbsp;




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    <title><![CDATA[Stay Ahead of Bad News!]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
Follow the Ammons Law Firm  for all the latest on dangerous product recalls, drug defects and everything else you need to know to keep you and your family safe and protect your legal rights.&nbsp;


We are set up to distribute news across the entire Internet spectrum.&nbsp; Choose your favorite! 



	Sign up for our RSS feeds, click here 
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And of course, check our website  for all the latest information from board certified personal injury lawyer Rob Ammons  and the team at the Ammons Law Firm.
]]></description>
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    <title><![CDATA[Tort reform has not reduced health care costs in Texas]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
By
Mary Ann Roser 






AMERICAN-STATESMAN
STAFF






Published:
9:41&nbsp;p.m.&nbsp;Wednesday,&nbsp;June&nbsp;20,&nbsp;2012






A new study found no evidence that health care costs in Texas dipped after a 2003
constitutional amendment limited payouts in medical malpractice lawsuits,
despite claims made to voters by some backers of tort reform.


The
researchers, who include University of Texas law professor Charles Silver,
examined Medicare spending in Texas counties and saw no reduction in doctors&#39;
fees for seniors and disabled patients between 2002 and 2009. A 2003 voter
campaign in Texas, and some congressional backers of Texas-style tort reform in
every state, however, argued that capping damage awards would not onlycurb
malpractice lawsuits and insurance costs for doctors, it would lower costs for
patients while boosting their access to physicians.


&nbsp;




Tort
reform is a controversial topic likely to be resurrected by Republicans and
doctors&#39; groups who hoped to make it part of the 2010 federal health care law.


&nbsp;




The
researchers&#39; findings come after a report last fall in which the Ralph
Nader-founded consumer group Public Citizen said it found Medicare spending in
Texas rose much faster than the national average after tort reform. Critics of
that study said that tort reform leaders never promised health care spending
would decline and noted that caps on damage awards brought steep drops in
malpractice insurance rates for doctors and large increases in new doctors
coming to Texas.


&nbsp;




Another
study yet to be published on physician supply and tort reform, also by Silver&#39;s
group, agrees that malpractice suits and payouts sharply dropped after tort
reform. But that study strongly disputes claims of a mass exodus of Texas
doctors before tort reform and huge increases afterward.




On
the question of health care costs, Silver&#39;s group focused on the federal
government&#39;s Medicare program, which makes up 20 percent of the $2.5 trillion
spent on U.S. health care.


&nbsp;




That
group -- consisting of two Republicans, a Democrat and a foreign national,
according to the researchers -- analyzed data at the county level in Texas,
said Tom Baker, author of a 2005 book, &quot;The Medical Malpractice
Myth,&quot; and a professor of law and health sciences at the University of
Pennsylvania.


&nbsp;




&quot;This
is a very highly regarded study, and this team is highly regarded,&quot; Baker
said. The study was paid for by the researchers&#39; universities, Silver said, and
the paper was published this month in the Journal of Empirical Legal Studies.


&nbsp;




&quot;Their
results didn&#39;t surprise me at all,&quot; Baker said.


&nbsp;




Medicare
spending up


&nbsp;




The
researchers assumed that doctors who faced a higher risk of being sued -- those
in counties that had larger numbers of malpractice cases -- would perform more
tests and procedures than necessary to protect themselves from lawsuits. With
tort reform, which limited damage awards against doctors, the need to practice
such &quot;defensive medicine&quot; would decline, the argument goes.


&nbsp;




But
in comparing Texas counties in which doctors faced a higher risk of lawsuits
with counties where the risk was lower, the researchers found no difference in
Medicare spending after tort reform and indications that doctors in higher-&#8232;risk counties did slightly more
procedures.


&nbsp;




&quot;If
tort reform reduces spending, it would have the biggest effect on high-risk
counties,&quot; Silver said. He noted that those tend to be large and urban.




&quot;This
is not a result we expected,&quot; said Bernard Black, a co-author and a
professor at Northwestern University&#39;s Law School and Kellogg School of
Management.


&nbsp;




Health
care spending has increased annually everywhere, the researchers said,
including in the states with caps on malpractice payouts -- now at 30, counting
Texas, said David Hyman, a co-author and professor of law and medicine at the
University of Illinois.


&nbsp;




But,
said Hyman, who worked on health policy for President George W. Bush at the
Federal Trade Commission, &quot;we found no evidence that Texas spending went
up slower in comparison to all other states and may have had an increase.&quot;


&nbsp;




The
researchers said their study suggests that Medicare payments to doctors in
Texas rose 1 to 2 percent faster than the rest of the country, Black said.




Since
tort reform, some Texas residents have complained that they cannot find a
lawyer to pursue a malpractice case because of the $750,000 cap on payouts for
pain, suffering, disfigurement and mental anguish. The limit often makes
litigation cost prohibitive, patients and lawyers said. That concern was not
raised in the paper, although the researchers said claims of huge malpractice
payouts and rampant &quot;frivolous&quot; lawsuits before tort reform are
greatly exaggerated by its advocates.


&nbsp;




Silver
said he was &quot;very pessimistic&quot; that policymakers will heed the study.
&quot;The rhetoric on both sides tends to be very extreme,&quot; he said.


&nbsp;




Numbers
of doctors


&nbsp;




Jon
Opelt, executive director of Texas Alliance for Patient Access, said tort
reform in Texas has benefited patients by adding nearly 5,000 more physicians
than can be accounted for by population growth. Opelt also said that patients
have greater access to specialists in high-risk fields of medicine, and more
emergency room doctors are willing to be on call because their fears of
lawsuits have been reduced.


&nbsp;




Before
the 2003 reforms, &quot;55 Texas counties saw a net loss of physicians and ...
some 99 counties lost a high-risk specialist,&quot; Opelt said. &quot;An
estimated 5,000 high-risk specialists restricted their practice due to
liability concerns.&quot;


&nbsp;




Silver
and his fellow researchers&#39; unpublished study says Texas Medical Board data
that Opelt cites on new physician applications and licenses do not account for
doctors who left the state or retired, creating vacancies for their jobs;
physicians who don&#39;t treat patients but do research or administrative work; and
physician growth compared with other states. 





When those factors are weighed,
Texas saw the number of direct patient care doctors grow more slowly after tort
reform than it did before, the study says. Afterward, Texas did slightly worse
than other states in attracting doctors, the study says.


&nbsp;




Linking
tort reform to the health care costs is a &quot;straw argument,&quot; Opelt
wrote in an email, saying his group never promised that. He noted the study
says there could be an effect on health care spending in the future.


&nbsp;




&quot;We
did not and we have not led lawmakers and voters astray,&quot; he said.




Opelt&#39;s
group was the largest contributor to a campaign to persuade voters to approve
tort reform, Yes on 12, donating $1.2 million.


&nbsp;




&quot;Yes
on 12&quot; materials said consumers should expect health costs to go down.
&quot;Your YES vote on Proposition 12 means: Lower costs and more security in
our health care system,&quot; one flier says. Another, in the form of a letter
from Gov. Rick Perry, says that &quot;Texans can help make health care more
affordable and accessible&quot; by voting for tort reform.


&nbsp;




Opelt
said his group had nothing to do with the fliers and directed questions to
campaign leader Ted Delisi. He did not return a call.


&nbsp;




The
governor issued a statement through spokesman Josh Havens calling tort reform
&quot;a huge success.&quot;



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    <title><![CDATA[GM, Nissan and Chrysler Announce New Recalls]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[WASHINGTON - Nissan recalled  over half a million vehicles in the Americas and Africa on Thursday over fears that a fault could cause the steering column to crack.

The Japanese carmaker said it would recall 303,000 Frontier and 283,000 Xterra SUVs over safety concerns.


&quot;Nissan recently discovered that in certain rare instances, the lower steering column joint on the affected Frontier and Xterra vehicles can develop corrosion that limits the movement of the joint,&quot; the firm said in a statement.


&quot;If the vehicle continues to be driven in this condition it may, in an extreme case, lead to cracking of the steering shaft.&quot;


&quot;We regret any inconveniences that our customers may experience as we address these issues,&quot; said Kevin Martin of Nissan North America.


The affected vehicles were built at plants in Tennessee and Brazil between 2001 and 2008.


The company also recalled  &quot;18,500 Sentra vehicles in the United States, Mexico, Canada, Argentina, Brazil and a undisclosed number of African countries for problems with the battery cable terminal.


The fault could result in difficulty starting the vehicle, &quot;and in rare cases, a possibility of stalling at low speed,&quot; the firm said.


Owners are advised to take their vehicles to a service center in early December to have new parts installed.


Meanwhile, General Motors said Thursday it is recalling nearly 14,000 sedans to address potential problems with the power steering. Chrysler, meanwhile, is recalling about 16,000 Jeep Liberty SUVs to fix faulty windshield wiper systems.


GM&#39;s recall involves certain 2010 and 2011 model year Cadillac DTS and Buick Lucerne sedans with V8 engines.


The cars have alternator cables that can wear through a power steering line, leading to a fluid leak. A leak could cause a loss of power steering and lead to a crash.


Chrysler&#39;s recall involves certain 2008 model year Jeep Liberty SUVs. Water could get into the windshield wiper motor and stop the wipers, which could reduce a driver&#39;s visibility and lead to a crash.


GM and Chrysler said no crashes or injuries have been reported in connection to the recalls. 

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    <title><![CDATA[Houston Personal Injury Lawyer Rob Ammons Named 2010 SuperLawyer]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[Texas Monthly&#39;s annual listing of the top peer-selected 
attorneys in the state of Texas will include Rob Ammons
for the seventh year in a row.

From 2003 - 2009 Rob Ammons
has been voted a Texas  SuperLawyer by his peers, for which he was 
featured in Texas Monthly  Magazine. 
This honor places Rob in the 
top 5% of all attorneys in the  State of Texas. 

Rob also is 
featured in the 2007 listings of the  Lawdragon Leading Lawyers in 
America and the Lawdragon 500 Leading  Plaintiffs&#39; Lawyers in America, 
which places Rob in the top .05% of all  attorneys in the country.  
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    <title><![CDATA[Rob Ammons Named 2010 Best Civil Attorney ]]></title>
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    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[



&nbsp;
Rob Ammons has just been named the Best Civil Attorney according to a Houston Press &quot;Best Of&quot; readers poll.&nbsp; 


Ammons&#39; 82.5 million dollar verdict result for a family of an man killed at a Cleburne, Texas natural gas processing plant in 2007 is hailed as &quot;Proof that large corporations can still be held responsible for misdeeds, no 
matter how handcuffed plaintiffs&#39; attorneys have become via &quot;tort 
reform.&quot;&quot;


Click here to read the whole article  


&nbsp;


&nbsp;


&nbsp;


&nbsp;


&nbsp;


&nbsp;

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    <title><![CDATA[Tour Bus Driver Napping Before Accident]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[NEW YORK - The driver of a tour bus that crashed  on a New York highway told police that he took a nap in the vehicle just hours before Saturday&#39;s accident that killed 15 people, NBC New York reported Monday.

Bus driver Ophadell Williams, 40, arrived at the Mohegan Sun Casino in Conn. around 11 p.m. on Friday to drop off passengers, sources told NBC New York.


Williams then slept in a casino parking lot until he was called back to pick up a group for a trip to New York at 3 a.m. on Saturday, investigators said.


The bus crashed on I-95 in the Bronx at around 5:30 a.m., skidding into a highway sign post which sheared the bus from front to back along the window line.


Distracted or tired?

NBC New York reported that some passengers said the bus seemed to be drifting in and out of lanes, hitting rumble strips on the side of the highway. Some told police they feared the driver was tired or distracted.


According to reports, Williams passed a breath test at the scene.


Officials stress operator error is just one theory they are investigating based on passenger statements, NBC New York said.



A 15th victim died at around 7:30 a.m. Monday, police said. The 70-year-old man&#39;s name and the names of 14 others haven&#39;t been released.


The National Transportation Safety Board will analyze footage from the camera that faced passengers and will also examine an engine control module that may indicate how fast the bus was going.


Passengers and witnesses have told investigators that the driver&#39;s account of getting clipped by a tractor-trailer didn&#39;t match up to what they felt and saw before Saturday&#39;s crash.


A preliminary inspection of the truck revealed no evidence of any collision or contact between the bus or the truck, NBC New York reported.



According to the NTSB, the bus, which was carrying 31 passengers to Manhattan&#39;s Chinatown, slid for 480 feet before it came to a stop.


State police said the bus may have been speeding faster than the 55 mph limit.


&#39;He feels upset&#39;

The driver&#39;s wife, Holly, told the New York Daily News that Williams &quot;feels like he&#39;s at fault.&quot;


&quot;But I told him it&#39;s not his fault - it&#39;s an accident. He feels upset that a lot of people died on his bus.&quot;


World Wide Travel, the tour bus company , said in a statement that the company will cooperate with the investigation. 

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    <title><![CDATA[Search Continues For Missing After California Gas Explosion]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[People in San Bruno, California were allowed into their homes yesterday, after last week&#39;s massive gas pipeline explosion  devastated the San Francisco suburb. The death toll remains at four, but several people are still missing.

The explosion, which occurred last Thursday around 6:00 p.m. local time, shot a fireball more than 1,000 feet in the air, and sent fire tearing across several blocks. According to a CNN report, the blast sent concrete flying, and the heat from the flames melted tail lights on cars blocks away from the blaze.


A Pacific Gas and Electric (PG&amp;E) spokesman said last Friday that the company&#39;s gas transmission line ruptured, leading to the blaze. It is not known what caused the rupture. According to a CNN report, the ruptured line was installed in 1948, and had a &quot;relatively high risk and likelihood of failure,&quot; according to a PG&amp;E document obtained by the network. The document recommended the line be replaced because of its proximity to a populated area.


The Wall Street Journal is reporting that the gas line had an unusual construction, in that it contained a longitudinal seam and numerous welds indicating it had been made from many small segments of steel pipe. It&#39;s not known yet if the numerous welds could have weakened the pipe. A 28-foot section of the pipe has been excavated and will be sent to the National Transportation Safety Board&#39;s (NTSB ) metallurgy labs in Washington for study.


According to Bloomberg News, a PG&amp;E spokesman said the company inspected the pipeline in November and performed an annual gas-leak assessment in March. However, the official would not discuss the results of the inspections.


The blast  and resulting inferno injured 52 people and destroyed 37 homes. Another four people remained unaccounted for Sunday. Additional remains have been discovered, and are being tested to determine their origin and identity.


Residents returned to 293 of the 377 homes in the neighborhood over a three-and-a-half-hour period Sunday afternoon. The 84 homes still off limits were either destroyed, have extensive damage or are on a police perimeter that encompasses the zone closest to the blast site.


Meanwhile, the California Public Utilities Commission has ordered PG&amp;E to inspect all of its natural gas pipelines in the state, and to focus on high-pressure pipelines in heavily populated areas. The Commission also wants PG&amp;E to detail how much it has spent to replace pipelines and ensure their safety since 2005.


Investigators are also looking into reports that residents in the area had made complaints to PG&amp;E in the weeks prior to the blast about gas leaks in the neighborhood. PG&amp;E has not been able to confirm those reports., and says it has searched about two thirds of its phone records from the neighborhood from Sept. 1 through Sept. 9.

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    <title><![CDATA[Local 2 Investigates Interviews Plant Explosion Attorney Rob Ammons About Deadly Explosions]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
&nbsp;





&nbsp;


By Robert
Arnold



Wednesday, November 10, 2010
HOUSTON -- When Local 2 Investigates
began checking into a series of explosions
in and around Houston we discovered a common thread: pressure vessels.


According
to
the Chemical Safety Board pressure vessels are metal containers that 
house
pressurized liquids and gases. Pressure vessels can be found everywhere 
from
large chemical plants and refineries down to filling stations. We also
discovered the city was warned years ago to tighten up regulations 
surrounding
pressure vessels.


&quot;The
ground
shook like really hard, like a movement, an actual movement and &#39;boom&#39;
like really loud,&quot; said Susan Hernandez, who was working as a security
guard in June 2008 when an ammonia filled pressure vessel exploded at 
the
Goodyear Plant. &quot;It happened so fast I couldn&#39;t think right away.&quot;&nbsp;


Hernandez
was
working at a neighboring plant when the explosion happened, and said 
she
drove into a cloud of ammonia when driving to open a gate for a lawn 
crew.


&quot;When
I
came back to the main gate that&#39;s when I told them I just can&#39;t take it
no
more because that&#39;s when I started feeling all the burning in my 
throat,&quot;
said Hernandez.&nbsp;


The
explosion
at
the Goodyear plant  killed veteran supervisor Gloria McInnis.&nbsp;


&quot;A
good
mother, a good friend, a good wife,&quot; said Raymond McInnis, who became
visibly emotional when talking about his wife&#39;s death.


Investigators
with
the Chemical Safety Board determined a relief valve on the vessel had 
been
bypassed. The company was also fined by the Occupational Safety and 
Health
Administration.&nbsp;


Four
years
before the blast at the Goodyear plant another pressure vessel exploded
at the Marcus Oil plant in the middle of a Southwest Houston 
neighborhood in
December of 2004. No one was killed, but several people reported getting
hurt
when debris was sent flying through the neighborhood. OSHA also levied 
fines
against the company.&nbsp;


Local
2
also found other pressure vessel accidents. In 2005 a huge metal lid 
blew off
a pressure vessel at a plant next to the busy Highway 225. The lid flew 
into a neighboring
plant and no one was hurt. In 2007 a worker was killed when vessel 
filled with
compressed air exploded at a company near downtown Houston. In 2008 
another
worker was killed when a metal lid flew off a pressure vessel at a plant
in
Texas City.&nbsp;


&quot;This
was
simply a fact of companies not adhering to standard, prudent, 
recognized
practice,&quot; said safety expert Mike Sawyer.


For
the
past two decades Sawyer has help develop safety programs and 
investigate
industrial accidents on behalf of private attorneys, the federal 
government and
industry. Sawyer was used as an expert witness by attorney 
Rob Ammons  in lawsuits filed
against Goodyear for the 2008 blast. Hernandez is also a client of 
Ammons. Her
case has since been settled out of court


McInnis
is
also suing Goodyear over his wife&#39;s death. The case is scheduled for 
trial
in February of next year.


Explosions
like
the ones at Goodyear and Marcus prompted the Chemical Safety Board to
issue a safety message regarding the dangers of pressure vessels. In the
recorded message posted on the CSB&#39;s website last November, former 
Chairman
John Bresland specifically called on Houston to adopt the American 
Society of
Mechanical Engineers&#39; code regarding pressure vessels and boilers. The 
ASME
code sets out strict procedures for manufacturing, operating and testing
pressure vessels.


&quot;In
2006
the Chemical Safety Board called on the City of Houston to adopt this 
code
to better protect it&#39;s citizens and its industrial facilities. 
Unfortunately,
Houston has yet to act on this safety recommendation,&quot; Bresland said in
the video.&nbsp;


When
Local
2 spoke with CSB Investigations Supervisor John Voderbrueggen he told 
us,
&quot;There&#39;s no logical argument for not adopting this code.&quot;


Vorderbrueggen
said
the CSB singled out Houston because of it&#39;s large industrial complex.
Vorderbrueggen added the CSB hoped if Houston adopted this code it would
spur
Texas to adopt the code statewide. Texas is one of only ten states that 
does
not require companies to follow ASME code.


&quot;Texas
is
one of the stragglers,&quot; said Vorderbrueggen who added he believes
following ASME code could have prevented the explosions at Goodyear and 
Marcus
Oil.&nbsp;


When
Local
2 asked the city why it did not act on the CSB&#39;s recommendation we
received this email from Public Works and Engineering spokesperson, 
Alvin
Wright.


&quot;There
is
extensive training and licensing process for this effort and since we
haven&rsquo;t had any events that warrant the measure the CIC opted not to 
pursue it.
The background on the Marcus Oil explosion is that it occurred because 
the
company chose to ignore existing laws, much less any new laws we could 
enact.
We checked and the only ones using these regulations are on chemical 
plant
property.&nbsp;


Pasadena,
which
has plenty of pressure vessels, doesn&rsquo;t have the code,&quot; Wright
stated in an email to Local 2 Investigates.


That
prompted
this email response from Vorderbrueggen.&nbsp;


&quot;Very
disappointing
to hear they are taking no action. All too often I have heard the
excuse &ldquo;we haven&rsquo;t had any problem, therefore what we are doing (or not 
doing)
is perfectly reasonable.&rdquo; It is narrow minded to suggest adopting these
respected and globally accepted industrial safety practices (ASME 
Pressure
Vessel Code and NB-23) will be ineffective in Houston because owners 
will
ignore the regulations and laws as they allege Marcus Oil did,&quot;
Vorderbrueggen wrote in an email to Local 2.


When
we
checked with the Occupational Safety and Health Administration we were 
told
OSHA does check to make sure ASME code is being followed at large plants
and
refineries. A spokesperson for Goodyear also told Local 2 the plant 
follows
ASME code.


Sawyer
disagrees
that OSHA is checking to make sure companies are following this code.


&nbsp;&quot;In
the accidents you investigated have you found that (pressure vessels) 
are
routinely or regularly inspected,&quot; asked investigative reporter, Robert
Arnold.&nbsp;


&quot;By
OSHA,
no, not at all,&quot; Sawyer answered.


Texas
does
have a state Boiler Board. Boilers are considered &quot;fired pressure
vessels&quot;. The Board regularly inspects and regulates the operation of
boilers and pressure vessels that generate steam. However, when Local 2 
asked
Boiler Board inspector Luis Ponce in Austin about regulation and 
inspection of
&quot;non-fire pressure vessels&quot;, he said it&#39;s murky.&nbsp;


&quot;It&#39;s
kind
of a grey area, we just have to hope companies do the right thing,&quot;
Ponce said during a phone interview with Local 2.


Houston
attorneys
who have sued companies over pressure vessel explosions said they
found the same lack of oversight.&nbsp;


&quot;This
needlessly
endangers not just the workers at the plants but potentially anyone
that&#39;s around that,&quot; said Ammons.


We
also
brought the findings of our investigation to Congressman Gene Green. 
Many
large industrial operations fall within Green&#39;s district.


&quot;Pressure
vessel
explosions at chemical plants in Houston and across the country are
unnecessary, preventable, and put employees at risk of injury or death. 
Our
first priority should be the safety of chemical plant employees and our
communities. ASME&rsquo;s Boiler and Pressure Vessel Code sets guidelines that
ensure
safety precautions are met and I support all industry more closely 
adhering to
these regulations,&quot; the Congressman wrote in a statement to Local 2
Investigates.&nbsp;





Rob Ammons  is 
Board Certified in Personal Injury Trial Law by
the Texas Board of Legal Specialization, in addition to being Board 
Certified
in Civil Law by the National Board of Trial Advocacy. &nbsp;Rob Ammons&rsquo; law
practice, The Ammons Law Firm, is located in Houston, Texas. &nbsp;The Ammons
Law Firm practice is exclusively personal injury law, handling such 
cases as:
tire defects, oil rig explosions, truck accidents, plant explosions, 
refinery
accidents, wrongful death, post-collision fires, seat belt defects, 
airbag
defects, SUV rollovers and workplace negligence. 

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    <title><![CDATA[]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Baby Matters LLC, of Berwyn, Pa., is announcing the voluntary recall  of 30,000 Nap Nanny&reg; portable baby recliners. CPSC is investigating a report of a 4-month-old girl from Royal Oak, Mich. who died in a Nap Nanny&reg; that was being used in a crib. According to preliminary reports, the infant was in her harness and found hanging over the side of the product, caught between the Nap Nanny&reg; and the crib bumper.

CPSC and Baby Matters are aware of one other incident in which an infant became entrapped when the Nap Nanny was used in a crib, contrary to the product instructions. In that incident, the infant fell over the side of the Nap Nanny&reg;, despite being harnessed in, and was caught between the baby recliner and the side of the crib. The infant sustained a cut to the forehead.


CPSC and the firm have received 22 reports of infants, primarily younger than 5-months-old, hanging or falling out over the side of the Nap Nanny&reg; despite most of the infants being placed in the harness. One infant received a bruise as a result of hanging over the side of the product.


Infants can partially fall or hang over the side of the Nap Nanny&reg; even while the harness is in use. This situation can be worse if the VelcroTM straps, located inside the Nap Nanny&reg; cover are not properly attached to the &quot;D&quot;-rings located on the foam, or if consumers are using the first generation model Nap Nanny&reg; that was sold without &quot;D&quot;-rings.


In addition, if the Nap Nanny&reg; is placed inside a crib, play yard or other confined area, which is not a recommended use, the infant can fall or hang over of the side of the Nap Nanny&reg; and become entrapped between the crib side and the Nap Nanny&reg; and suffocate.


Likewise, if the Nap Nanny&reg; is placed on a table, countertop, or other elevated surface and a child falls over the side, it poses a risk of serious head injury. Consumers should always use the Nap Nanny&reg; on the floor away from any other products.


The Nap Nanny&reg; is a portable recliner designed for sleeping, resting and playing. The recliner includes a foam base with an inclined indentation for the infant to sit in and a fitted fabric cover and a three point harness. The first generation model of the Nap Nanny&reg; can be identified by the absence of &quot;D&quot;-rings in the foam base. In second generation models, the harness system has &quot;D&quot;-rings in the foam base and VelcroTM straps inside the fitted fabric cover.


The recalled Nap Nannys&reg;  were sold at toy and children&#39;s retail stores nationwide and online, including at www.napnanny.com, from January 2009 through July 2010 for about $130.


&nbsp;

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    <title><![CDATA[Despite Recalls Tainted Food Often Stays on Shelves]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[The LA Times writes about dangers that could be lurking on your grocery store&#39;s shelves.  Until three years ago, Kenneth Maxwell enjoyed Banquet chicken and turkey pot pies so much he ate them three or four times a week. They were easy to prepare, and Maxwell could eat one for lunch and quickly return to work as an electrician.

When cases of salmonella poisoning  led the pies&#39; manufacturer, ConAgra Foods, to issue a product recall in the fall of 2007, Maxwell did not hear about it and continued to eat them. He bought several pot pies about two weeks after the recall was launched, when they should have been pulled from store shelves, and became violently ill, he said.


Maxwell&#39;s experience reflects common problems with food recalls : They routinely fail to recover all of the product they seek and, according to experts, sometimes even leave tainted foods in stores, putting consumers at risk of becoming ill from potentially deadly food-borne pathogens.


In 2009, for instance, when the U.S. Department of Agriculture was involved in 59 recalls in which the amount of food sought and recovered was known, 56 came up short of the amount they identified as potentially tainted or produced at a time when factory controls were lax.


Two of those efforts highlight how far short recalls can fall. Last July a Denver processor announced a recall of more than 460,000 pounds of ground beef tied to a salmonella outbreak but recovered only 119,000 pounds. In October a New York processor announced a recall of 545,000 pounds of ground beef tied to an outbreak of E. coli; it recovered 795 pounds, according to the USDA.


Because recalls are described as voluntary, some experts say the owners of supermarkets, especially smaller stores, can mistakenly believe it is acceptable to leave recalled products  on the shelves.


And while the federal government publishes notices about recalls, it depends on the news media, manufacturers and retailers to spread the news. Many consumers are unaware a product has been recalled.


&quot;I wouldn&#39;t have eaten them otherwise,&quot; Maxwell, of Crescent, Iowa, said of the pot pies.


Some supermarkets and big-box stores, such as Costco, use the information they have compiled about customers to notify shoppers who have purchased recalled products, in some instances even telephoning them to warn them about potentially tainted food.


But others do not, which food safety and consumer advocates find frustrating.


&quot;The companies take your information for marketing, but they won&#39;t contact you in a recall,&quot; said Donna Rosenbaum of the food safety group Safe Tables Our Priority, or STOP. &quot;As far as I&#39;m concerned, that&#39;s just wrong to market to consumers - to use all that information for profit - but not to then protect their health.&quot;


A spokesman for Jewel-Osco&#39;s corporate parent said relying on the media, posting shelf notices and making sure store employees are prepared to answer customers&#39; questions all have worked with recalls in the past.


Safeway, the parent of Dominick&#39;s food stores, contacts shoppers directly in some recalls - typically smaller ones, said spokesman Brian Dowling. But in larger recalls, he said the company&#39;s stores rely on other methods to get the word out, such as notices on store shelves and stories in newspapers and on TV and radio. Calling all the people in a large recall would be too difficult, he said.


&quot;One size doesn&#39;t fit all,&quot; Dowling said. &quot;We look at what information we have and consider how to best and most quickly provide information to our customers.&quot;


The USDA, researchers and food safety advocates say the urgency and the reach of recalls must be improved if recalls are to be more effective and the number of Americans sickened by food-borne pathogens is to decline.


Some consumers simply ignore recalls. A study conducted last year by a professor at Rutgers University found that 12 percent of U.S. consumers ate food they knew had been the subject of a recall.


A USDA spokesman said that in spite of the department&#39;s best efforts, &quot;some consumers may still eat and become ill from a product listed for recall.&quot;


One reason is that people often don&#39;t get sick right away from contaminated food, meaning a week or more can pass before an illness develops and is reported to health officials - a first step to detecting an outbreak and launching a recall. In the meantime, tainted food is still being sold and eaten.


The ConAgra recall was launched on Oct. 11, 2007, after illnesses caused by salmonella were found around the country. At least 272 people were sickened by the pot pies.


Maxwell, 59, said he bought his from the Super Saver in Council Bluffs, Iowa, not far from the home he shares with his wife, Betty, in late October, about two weeks after the recall began. He said he did not keep a receipt for the pot pies because they were a regular part of his shopping.


On Nov. 6, he said, he microwaved a pot pie, and a few days later he got sick, first with nausea and then with diarrhea. Because he had no health insurance, Maxwell did not immediately seek medical attention. But Betty Maxwell called an ambulance when he was not recovering after several days. Maxwell said his wife later also became sick, apparently from treating him.


A ConAgra spokeswoman said the company confirmed that the Super Saver where Maxwell bought the pot pies had been notified of a recall. An official at B&amp;R Stores Inc., the Nebraska-based company that owns Super Saver, said its policy is to pull a product as soon as it is recalled, but it did not have records regarding the pot pie recall and its manager at the Council Bluffs store did not remember the recall specifically.


The company said it had no customer complaint on file from the Maxwells. The Maxwells never sued ConAgra but settled a claim against the company for an undisclosed amount in August 2008, according to food safety attorney William Marler, whose firm has sued manufacturers across the country and who represented the Maxwells.


The Maxwells said they have not eaten a Banquet pot pie since the recall.

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    <title><![CDATA[More Toyota Recalls- This Time for Steering ]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[Toyota is recalling  nearly half a million cars, most of them large sedans sold in the U.S., for problems that can cause the steering wheel to lock up. It&#39;s the latest indication that the automaker is still struggling with vehicle problems even as it works to overhaul quality control.

&nbsp;


The recall, announced Thursday, affects 412,000 vehicles in the U.S. -- 373,000 Avalon sedans and 39,000 Lexus LX 470 SUVs. The recall is Toyota&#39;s largest since announcing it would fix 600,000 Sienna minivans over rusting spare tire holders in April.


&nbsp;


Toyota has been embroiled in its recall crisis since October, when it announced a recall of 5.3 million cars and trucks to fix floor mats that can trap pedals and cause unintended acceleration. A number of recalls have followed, from sticky gas pedals to braking problems with the Prius hybrid to rusting frames in the Tacoma pickup.


&nbsp;


Thursday&#39;s announcement brings the size of Toyota&#39;s recalls  to about 9.5 million cars and trucks in the U.S. since October, with some recalls affecting models as old as the 1998 model year. That means of the 24.1 million vehicles Toyota has sold in the U.S. since 1998, as tracked by Wards AutoInfoBank, Toyota has recalled about 39 percent.


&nbsp;


&quot;I don&#39;t think it&#39;s going to end anytime quickly or easily,&quot; said George Magliano, auto analyst with the consulting firm IHS-Global Insight, of the company&#39;s recalls. &quot;Toyota had this big run of growth. The more they grew volume and market share, the more this (quality) system started to develop cracks.&quot;


&nbsp;


The Avalons recalled in the U.S. range from the 2000 model year through to 2004 and have improper casting of the steering lock bar -- the component that locks the steering wheel when the vehicle is shut off -- that can cause a crack to form on the surface.


&nbsp;


Over time, the crack can expand, which can cause the steering wheel to become difficult to unlock when stationary. In some circumstances, the problem can cause the steering wheel to lock up during driving, Toyota said.


&nbsp;


Three unconfirmed accidents  with no injuries have been reported because of the problem, Toyota said. It will fix the Avalon steering problem by replacing a part called the steering column bracket, which houses the lock bar.


&nbsp;


For the Lexus LX 470, Toyota is recalling the 2003-2007 model years to fix a different steering shaft problem, which could cause loss of steering control. No accidents have been reported from the problem, the company said.


&nbsp;


For both repairs, customers will begin receiving letters in August asking them to bring their cars to dealers.


&nbsp;


The LX 470 problem also affects 9,670 vehicles in Japan, two Land Cruiser models. Toyota is recalling another 6,750 vehicles in Japan, a sedan called the Pronard, for a problem similar to that experienced by the Avalon.


&nbsp;


Toyota has been working to overhaul its quality control after being criticized for its slow response to vehicle flaws. It is hiring thousands of engineers to check for problems and appointing chief quality officers in its major regions.


&nbsp;


&quot;Toyota is continuing to work diligently to address safety issues wherever they arise and to strengthen our global quality assurance operations,&quot; said Steve St. Angelo, Toyota chief quality officer for North America.


&nbsp;


Still, the recalls have caused the company&#39;s sales to lag in the U.S. this year, following years of rapid growth. Sales are up 10 percent for the first six months of the year, while sales for the broader industry have increased 17 percent.


&nbsp;


The automaker has been luring customers back into showrooms with deep discounts and promotions. They drew buyers like Mindy Cohen, who picked up a new Corolla from World Toyota in Atlanta on Thursday. Cohen said she paid about $13,500 for the compact sedan, nearly $2,000 off the sticker price. She also said that the problems with Toyota cars and trucks have been overblown.


&nbsp;


&quot;Even if it was an issue, it&#39;s been fixed,&quot; she said. &quot;All cars have problems.&quot;


&nbsp;


Toyota was slapped with a record $16.4 million fine in the United States for failing to promptly tell the government about its car defects. It remains under investigation by a federal grand jury in New York and by the Securities and Exchange Commission.


&nbsp;


The company also faces more than 200 lawsuits in the U.S. tied to accidents involving defective automobiles, the lower resale value of Toyota vehicles, and a drop in its stock value.


&nbsp;

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    <title><![CDATA[Honda Recalling 400 K Vehicles]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
WASHINGTON (AP) - Honda Motor Co. 
is recalling
the popular Accord and Civic passenger cars from the 2003 model year 
to address problems with an ignition switch that could allow the key to 
be removed without the transmission being shifted into park.

The recall involves 384,220 vehicles and also includes 2003-2004 model years of the Honda Element.

Honda says in a posting with the government that the problem with the automatic transmissions could lead to a vehicle rolling away and increase the risk of a crash .

A Honda spokesman did not immediately comment.

The recall  is expected to begin in late September and owners can contact Honda at (800) 999-1009.
 

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    <title><![CDATA[Eating Healthy Can Hurt You: Fresh Express Veggie Salad Recall]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[Once again, some leafy greens are being recalled by Fresh Express, a subsidiary of the banana bunch at Chiquita. Steer clear of batches of Fresh Express Veggie Lover&#39;s Salad marked with the use-by date of August 10 and the product code I208, the Food and Drug Administration  says.



Nobody&#39;s gotten sick that the company or FDA knows about. But the agency says there is &quot;a possible health risk from Listeria monocytogenes,&quot; a bacterium that can be deadly for pregnant women, the elderly, and people with weak immune systems.


More than 2,800 cases of the affected Veggie Lover&#39;s Salad were shipped to 13 states. From there the produce may have gone to 14 more states. The recall  will continue until all cases are returned.


A random test in Ohio detected Listeria in a single bag of the salad mix. The company tested other bags and didn&#39;t find evidence of a problem, but it moved ahead with a recall just to be sure.


This is the third Fresh Express recall in the last few months. In July, the company recalled romaine lettuce salads due to potential E. coli contamination after recalling other batches in May.

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    <title><![CDATA[Product Recall Roundup This Week]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[NEW YORK - Wooden toy rattles and video baby monitors are among the recalled products  in this week&#39;s roundup. A few food items are included, too, along with some dietary supplements used for erectile dysfunction. Plus, there&#39;s another auto recall to add to the mix.

Here are the recalled items this week:


WOODEN TOY RATTLES


DETAILS: Wooden toy rattles, manufactured in China and distributed by P. Graham Dunn, of Dalton, Ohio, have been recalled. They were sold by gift and book stores around the country between June and July.


WHY: The internal metal rattle can be exposed and pose a choking hazard.


INCIDENTS: The company has received four reports of exposed rattles, but no reports of injuries.


HOW MANY: About 500


FOR MORE: Call 800-828-5260; or visit http://www.cpsc.gov.


___


WIRELESS VIDEO BABY MONITORS


DETAILS: Levana wireless video baby monitors, manufactured in China and distributed by Circus World Displays Limited of Ontario, Canada, have been recalled . The cameras were sold by BB Buggy and Health and Safety stores, as well as online.


WHY: The wiring can overheat, posing a burn hazard.


INCIDENTS: The company has received two reports of overheated cameras, but no reports of injuries.


HOW MANY: About 800


FOR MORE: Call 866-946-7828; or visit http://www.cpsc.gov.


___


ERECTILE DYSFUNCTION PRODUCTS


DETAILS: Products for erectile dysfunction sold under the following names are recalled: Stiff Nights, Aziffa, Size Matters, Erex, Mojo, Hard Drive, Eyeful, Red Magic, Straight Up, Zotrex, Monster Excyte, WOW, Xaitrex, Verect, Prolatis, Xytamax, Maxyte, Libidinal, OMG, OMG45 and Zilex (with Golden Spear). All lots of the products with manufacture or distribution dates prior to June 17 are being recalled.


WHY: Novacare LLC has been informed by the Food and Drug Administration that the products appear to contain sulfoaildenafil, an FDA-approved drug used as treatment for male erectile dysfunction. Sulfoaildenafil is not declared on the product labels. The undeclared ingredient may interact with nitrates found in some prescription drugs such as nitroglycerin and may lower blood pressure to dangerous levels. Consumers with diabetes, high blood pressure, high cholesterol or heart disease often take nitrates.


INCIDENTS: No illnesses or adverse effects have been reported, the company said.


HOW MANY: Not specified.


FOR MORE: Call 801-290-1738; or visit http://www.fda.gov/Safety/Recalls/ucm221958.htm


___


PORTABLE DEHUMIDIFIERS


DETAILS: The Consumer Product Safety Commission is repeating a December 2009 recall of portable dehumidifiers, because of additional reports of incidents involving these items. The dehumidifiers, manufactured in China by LG Electronics Tianjin Appliance Co. They were sold at Home Depot, Walmart and Heat Controller Inc. stores nationwide between January 2007 and June 2008.


WHY: An internal component can short circuit, posing a risk of fires.


INCIDENTS: The initial recall announcement included 11 reports of incidents involving the dehumidifiers. The company has since received four additional reports of fires, including one that resulted in significant damage. No injuries have been reported.


HOW MANY: 98,000


FOR MORE: Call 877-220-0479; or visit http://www.30pintdehumidifierrecall.com or http://www.cpsc.gov.


___


FROZEN MAMEY PULP


DETAILS: Goya Foods Inc. of Secaucus, N.J., is recalling 14-ounce packages of frozen mamey pulp, a fruit pulp added as a thickener in milkshakes and smoothies. It was available at stores in Alaska, Arizona, California, Colorado, Hawaii, New Mexico, Nevada, Oregon, Texas, Utah and Washington. The product comes in a 14-ounce plastic package and is not marked with a lot number or expiration date. The UPC is 041331090803.


WHY: It could be contaminated with salmonella, an organism that can cause serious and sometimes fatal infections in young children and others with weakened immune systems.


INCIDENTS: At least seven cases of typhoid fever have been linked to the product by the Centers for Disease Control and Prevention.


HOW MANY: Not specified


FOR MORE: Call 800-275-4692.


___


FRESH EXPRESS SALAD PRODUCTS


DETAILS: Fresh Express, of Salinas, Calif., a subsidiary of Cincinnati-based Chiquita Brands International Inc., is voluntarily recalling some of its salad products including Veggie Lovers Salad. The salad mix has a product code of I208 and use-by date of Aug. 10. The salad mix was distributed to 13 states with the potential for redistribution by customers to additional states. The product was distributed to Missouri, Michigan, Ohio, Illinois, Wisconsin, Indiana, Maryland, Massachusetts, New York, Kansas, Kentucky, Pennsylvania and New Jersey. The mix could then have been sent to Arkansas, Tennessee, West Virginia, Iowa, Minnesota, Virginia, Vermont, New Hampshire, Nebraska, Rhode Island, Pennsylvania, Mississippi and the District of Columbia


WHY: Because of a possible health risk from Listeria monocytogenes, which can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.


INCIDENTS: No illnesses have been reported, the U.S. Food and Drug Administration said.


HOW MANY: 2,825 cases


FOR MORE: Call (800) 242-5472; or visit http://www.fda.gov/Safety/Recalls/ucm219057.htm.


___


HONDA ACCORD AND CIVIC CARS


DETAILS: Honda Motor Co. is recalling Accord and Civic passenger cars including the 2003 Accord and Civic and the 2003-2004 Honda Element.


WHY: Problems with an ignition switch could allow the key to be removed without the transmission being shifted into park. The defect could lead to a vehicle rolling away and increase the risk of a crash.


INCIDENTS: The company said it has received several complaints about the ignition interlock and &quot;is aware of a small number of related incidents, including one that resulted in a minor injury.&quot; The government received 16 complaints about the failure of the ignition interlock in 2002 and 2003 Accords. Eleven of the complaints alleged that the failure of the interlocks led to rollaway crashes.


HOW MANY: 197,000 Accords, 117,000 Civics and 69,000 Elements.

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    <title><![CDATA[Major Meat Recall Hits U.S.]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
(CNN) -- Zemco Industries in Buffalo, New York, has recalled  approximately 380,000 pounds of deli meat that may be contaminated  with bacteria that can cause a potentially fatal disease, the U.S. Department of Agriculture announced Monday.



The products were distributed to Wal-Marts nationwide, according to the USDA&#39;s website.



The meats may be contaminated with Listeria monocytogenes, which was discovered in a retail sample collected by inspectors in Georgia. The USDA has received no reports of illnesses associated with the meats.
Upon learning of the voluntary recall, Wal-Mart immediately told its stores to remove the meat from their shelves, the company said in a statement.

&quot;Consumption of food contaminated with Listeria monocytogenes can cause listeriosis, an uncommon but potentially fatal disease,&quot; according to the USDA. &quot;Healthy people rarely contract listeriosis. However, listeriosis can cause high fever, severe headache, neck stiffness and nausea.
&quot;Listeriosis can also cause miscarriages and stillbirths, as well as serious and sometimes fatal infections in those with weakened immune systems, such as infants, the elderly and persons with HIV infection or undergoing chemotherapy,&quot; the USDA said.



The products subject to recall  are:



-- 25.5-pound cases of &quot;Marketside Grab and Go Sandwiches BLACK FOREST HAM With Natural Juices Coated with Caramel Color&quot; with the number 17800 1300.
-- 28.49-pound cases of &quot;Marketside Grab and Go Sandwiches HOT HAM, HARD SALAMI, PEPPERONI, SANDWICH PEPPERS&quot; with the number 17803 1300.
-- 32.67-pound cases of &quot;Marketside Grab and Go Sandwiches VIRGINIA BRAND HAM With Natural Juices, MADE IN NEW YORK, FULLY COOKED BACON, SANDWICH PICKLES, SANDWICH PEPPERS&quot; with the number 17804 1300.
-- 25.5-pound cases of &quot;Marketside Grab and Go Sandwiches ANGUS ROAST BEEF Coated with Caramel Color&quot; with the number 17805 1300.
The meats were produced on dates ranging from June 18 to July 2, 2010. 


The &quot;Use By&quot; dates range from August 20 to September 10, 2010.
Wal-Mart noted the recall involves Marketside Grab and Go sandwiches, but not individual packages of deli meat. &quot;We encourage customers who recently purchased this item to return it for a full refund,&quot; the company statement said.

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    <title><![CDATA[Older Jeep Grand Cherokees Investigated for Fuel Tank Defects]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[AutoBlog has an interesting post today about a study of some Jeep Grand Cherokees for a particular fuel tank defect .The National Highway Traffic Safety Administration has launched an investigation into 1993-2004 Jeep Grand Cherokees  over concerns that their rear-mounted gas tank may be prone to rupture in the event of an accident. The agency has recorded 44 instances where a ruptured fuel tank may have contributed to a total of 55 deaths resulting from fire.

The Center for Auto Safety, a consumer advocacy group founded by Ralph Nader, requested the NHTSA investigation. In response to the Washington-based group&#39;s petition, NHTSA issued the following in a statement: &quot;The existence of these post-crash fires does not, by itself, establish a defect . Further review and investigation into these incidents is needed.&quot; And so an investigation we shall have.


A preliminary report from NHTSA suggested that there wasn&#39;t any evidence that the 1993-2004 Grand Cherokee&#39;s fuel tanks were &quot;over-represented for post-crash fires .&quot; If this investigation leads to a recall, Chrysler has indicated that it will cooperate with the agency.

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    <item>
    <title><![CDATA[Complaints Ignored Says Ex-Egg Farm Workers]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[


DES MOINES, Iowa &mdash; U.S. Agriculture Department employees working
full-time at two Iowa egg farms at the center of a salmonella outbreak 
and massive recall  ignored complaints about conditions at one site, two 
former employees say.



The ex-workers at Wright County Egg facilities, Robert and Deanna 
Arnold, said they reported problems such as leaking manure and dead 
chickens to USDA employees, but nothing was done.


The USDA employees were based next to areas where roughly 7.7 million
caged hens laid eggs at the two operations, but agency spokesman Caleb 
Weaver said their main duties were &quot;grading&quot; the eggs and they weren&#39;t 
primarily responsible for looking for health problems.


In response to the outbreak that has led to a recall of about 550 
million eggs, the U.S. Food and Drug Administration examined the Wright 
County Egg and Hillandale Farms and noted in a report this week that 
inspectors found rodents, wild birds, seeping manure and maggots in the 
operations there.


Weaver said the USDA employee who oversaw grading at the facility did
not recall anyone raising issues.


&#39;They didn&#39;t care&#39;

The USDA &quot;graders&quot; worked in buildings adjacent to where hens laid 
eggs, focusing on weighing, measuring and inspecting eggs before they 
were packaged. They are the people who determine if an egg is A or AA, 
for instance.


&quot;It didn&#39;t matter which USDA officer was working, if we reported 
something they would just turn their heads,&quot; Deanna Arnold said. &quot;They 
didn&#39;t care.&quot;


The Arnolds said the USDA workers rotated in and out of the facility 
every week or two.


Arnold recalled that when she advised one USDA employee of a problem,
she was told to ignore it.


&quot;She just said go back to doing your job and that 
there was nothing they could do,&quot; Deanna Arnold said.


The Arnolds worked at Wright County&#39;s Galt Farm and another at Alden,
Iowa, on and off over several years from the early 1990s to late 2008 
and early 2009, when they say they left to seek other work because of 
dissatisfaction with the company.


The couple, who now manage a hog farm near Garrison and raise their 
own chickens, said they saw numerous problems while working at the 
plant.


Mice and a cat

Deanna Arnold said she worked on the line sorting eggs and 
saw live and dead chickens on the conveyer system that carries eggs from
the poultry house to the USDA-staffed packing area. She said she also 
saw mice, tools and even a live cat on the conveyer system in the plant.


Her husband said he saw 
manure leaking from buildings and piles of manure that stood 40 feet 
high.


They also said boxes that contained eggs that were cracked in 
shipping and rejected by stores were returned to the distribution 
center. Although by then they were weeks old, some eggs that were not 
cracked were repackaged and sent back out, Robert Arnold said.



&quot;I complained that that was wrong because they were old eggs, and the
USDA person said it was OK because they do it all the time,&quot; he said.


Weaver said USDA graders must report unsanitary or other conditions 
that would require them to withhold grading services. 


Graders are paid through fees producers pay to the USDA. Only graded 
eggs can be sold to consumers at stores. Weaver said an investigation of
Wright County Egg was continuing.


Agriculture Secretary Tom Vilsack said in a statement to the 
Associated Press that the recall &quot;exemplifies the critical need to make 
significant improvements&quot; in the nation&#39;s food safety system and that 
the Obama administration had made food safety a top priority.


Not inspected

Part of the issue is that the FDA and the USDA split responsibility 
for egg-laying operations, with the FDA overseeing areas where hens lay 
eggs and the USDA in charge of the eggs as they are packaged. 
Spokeswomen for Wright County Egg and Hillandale Farms said there had 
been no inspections of the egg-laying areas.


&quot;Prior to this review, our farm had not been inspected by the FDA,&quot; 
said Wright County Egg spokeswoman Hinda Mitchell. The same was true at 
Hillandale Farms, said spokeswoman Julie DeYoung.


FDA officials  said new rules that took effect July 9 requiring more 
testing and inspections could have helped prevent the contamination. 


Previously, the agency didn&#39;t have a system for visiting sites, 
instead focusing on farms primarily when they were linked to an 
outbreak, spokesman Dick Thompson said.


The &quot;USDA has been working to close gaps and improve the safety of 
the meat, poultry and processed egg products over which we have 
authority and the FDA is taking action to address the fact that they 
have not had all of the tools needed to prevent outbreaks in areas where
they have authority, such as shell eggs,&quot; Vilsack said.


&quot;The new rules FDA put into place last month help address gaps that 
existed, but we must pass the food safety legislation currently before 
Congress that will help FDA prevent outbreaks like this one,&quot; he added.


Power of recall

The bill would give the Food and Drug Administration the 
power to order a food recall  rather than merely request one. 


The agency would increase the frequency of inspections at processing 
plants and other facilities, something the food industry would help pay 
for. The bill also would require importers to verify the safety of their
foreign suppliers and would require businesses that manufacture and 
process food to have in place plans to prevent impurities.


The USDA currently has an egg surveillance program in which 
inspectors visit packing facilities four times a year to ensure eggs are
properly graded, but they don&#39;t go into hen houses. 


State inspectors could examine egg packaging areas, but not areas 
where hens laid eggs because of rules prohibiting people from walking 
back and forth between buildings that are aimed at preventing 
contamination.


David Werning, a spokesman for the Iowa Department of Inspections and
Appeals, said state inspectors can cite operations if they note 
problems, but he couldn&#39;t recall that the agency had ever done so. Until
this week, he said, the agency had never received a complaint about an 
egg farm.


It received the first about an operation not connected to Wright 
County Egg or Hillandale Farms, but Werning attributed the complaint to 
publicity about those two farms.


&quot;People are becoming more aware and saying &#39;I heard this is going 
on,&#39;&quot; Werning said.

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    <title><![CDATA[Investigators: Egg Officials Knew of Salmonella]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[WASHINGTON (AP) - The Iowa egg farm at the center of a massive salmonella outbreak  received hundreds of positive results for salmonella in the two years before its eggs sickened more than 1,500 people, congressional investigators said Tuesday.

In a letter to the company&#39;s owner, the House Energy and Commerce Committee said its investigators had obtained records showing Wright County Egg received 426 positive results for salmonella between 2008 and 2010. The company recalled  380 million eggs in August after its products were linked to hundreds of illnesses.


The committee said the positive results found over the last two years included 73 samples that were potentially positive for Salmonella Enteritidis, the strain responsible for the recent outbreak.


In the letter to Austin &quot;Jack&quot; DeCoster, the owner of Wright County Egg, committee chairman Henry Waxman, D-Calif., and investigations subcommittee chairman Bart Stupak, D-Mich., said they were concerned that DeCoster did not inform them of the positive results when the panel asked him to provide documents in August. One of the questions the panel asked DeCoster was to show dates and results of all positive findings after microbiological testing.


DeCoster, a Turner, Maine, native, has an ownership stake in Maine Contract Farming in Turner - formerly DeCoster Egg Farms - which has about 5 million hens and is the largest egg producer in New England.


 No Maine eggs have been linked to contamination .


 &quot;When you testify before the committee, we ask that you come prepared to explain why your facilities tested potentially positive for Salmonella Enteritidis contamination on so many occasions, what steps you took to address the contamination identified in these test results, and whether you shared these results with FDA or other federal or state food safety officials,&quot; Waxman and Stupak wrote.


DeCoster is scheduled to testify before the panel next week. In a statement attributed to unidentified officials of Wright County Egg, the company said it has already provided some positive results to the committee and the Food and Drug Administration and will continue to do so.


&quot;While we were terribly disappointed to find positive results for Salmonella Enteritidis in eggs, the results affirmed the appropriateness of our voluntary recall,&quot; the statement said.


According to the committee, the company received as many as 67 positive results this year alone before the FDA investigation in response to the August recall. That includes one positive result for Salmonella Enteritidis on July 26, less than three weeks before the company recalled the eggs. The recall eventually grew to more than a half-billion eggs and included another company, Hillandale Farms, that also has ties to DeCoster.


The letter does not say how the committee obtained the results or from whom. The testing appears to have been done by a veterinary diagnostic laboratory at Iowa State University, which is listed on reports of the results released by the committee. A spokesman for the laboratory was not immediately available for comment.


The reports also say the results were forwarded to the Agriculture Department&#39;s National Veterinary Services Laboratories to confirm the presence of salmonella, indicating some at the department may have known about the instance of salmonella at DeCoster&#39;s farm.


A spokeswoman for the Animal and Plant Health Inspection Service, which oversees the labs, said the agency does thousands of confirmatory tests for universities or states and sends them back to the labs.


&quot;Most of the time we don&#39;t even know where the samples came from,&quot; said Lyndsay Cole. &quot;Just the presence of salmonella doesn&#39;t predict where an outbreak would be.&quot;


DeCoster is no stranger to tangling with the government. He has paid millions of dollars in state and federal fines over the years for health, safety, immigration and environmental violations at his farms.


The specific cause of the outbreak is still unknown, and though there is evidence of salmonella at the farms it is still unclear whether it was ever in the company&#39;s eggs.


Reports released last month by the FDA show many different possible sources of contamination at both farms, including rodent, bug and wild bird infestation, uncontained manure, holes in walls and other problems that could have led to the outbreak. The FDA also found positive samples of Salmonella Enteritidis.


No deaths have been reported due to the outbreak, but the number of illnesses - which can be life-threatening, especially to those with weakened immune systems - could still increase.


The federal Centers for Disease Control and Prevention has said this is the largest outbreak of this strain of salmonella since the start of the agency&#39;s surveillance of outbreaks in the late 1970s. For every case reported, there may be 30 that are unreported, the CDC said.


Thoroughly cooking eggs can kill the bacteria, but health officials recommended that people throw away or return the recalled eggs.

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    <title><![CDATA[Hyundai Recalls 139,500 Sonatas]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
&nbsp;




 

&nbsp;


Hyundai is recalling 139,500 Sonata sedans because a manufacturing 
defect  could cause drivers to lose control of steering, the automaker 
said. 



The recall  afffects new Sonatas built between Dec. 11, 2009
and Sept. 10. Connections in the steering column shaft were either 
improperly assembled or not tightened enough, the National Highway 
Traffic Safety Administration said Sunday.


The government had 
opened the investigation in August. The problem could cause the steering
wheel to separate from the column -- not an inconsquential issue -- or 
drivers could lose the ability to steer the car. 


Automakers are 
facing tighter recall  standards this year, following Toyota&#39;s massive 
global recall for two issues that caused sudden acceleration. 

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    <title><![CDATA[Black and Decker Recalls Cordless Electric Lawnmower for Laceration Hazard]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[WASHINGTON, Sept. 29 /PRNewswire-USNewswire/ -- The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall  of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed.  It is illegal to resell or attempt to resell a recalled  consumer product.

Black &amp; Decker and Craftsman brand cordless electric lawnmowers


Units: About 160,000 (these lawnmowers were previously recalled for a fire hazard)


Manufacturer: Black &amp; Decker (U.S.) Inc., of Towson, Md.


Hazard: The lawnmower&#39;s motor and blade can unexpectedly turn on after the mower&#39;s safety key is removed, posing a laceration hazard to consumers. Removing the safety key is designed to keep this from occurring.


Incidents/Injuries: Black &amp; Decker has received 34 reports of the  motor operating after removal of the safety key, including two incidents that resulted in finger lacerations, one requiring stitches.


The recalled  cordless electric mowers were sold under both the Black &amp; Decker and Craftsman brand names. The recalled Black &amp; Decker mowers have model number CMM1000 or CMM1000R.  All date codes and types are included. The date code and type information are both located on a silver and black label affixed to the rear door of the mower. The Black &amp; Decker mowers have either an orange or green deck with a black motor cover. The Craftsman-brand mowers have model number 900.370520 and include all date codes and types. The model number is located on the silver and black label affixed to the rear door of the mower. The Craftsman-brand mowers have a dark green deck with a black motor cover.


Sold at: Home center, hardware and discount stores and authorized Black &amp; Decker dealers nationwide from September 1995 through December 2006 for about $450. Craftsman-brand mowers were sold at Sears and Orchard Supply Hardware stores nationwide from January 1998 through December 2000 for about $450.


Manufactured in: United States, Canada and Mexico





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    <title><![CDATA[Fisher-Price Announces Several Recalls]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[Infant Toys with Inflatable Balls Due to Choking Hazard 

Fisher-Price recalls about 2.8 million Baby PlayzoneTM Crawl &amp; Cruise PlaygroundsTM, Baby PlayzoneTM Crawl &amp; Slide ArcadesTM , Baby GymtasticsTM Play Wall, Ocean WondersTM Kick &amp; CrawlTM Aquarium (C3068 and H8094), 1-2-3 TetherballsTM, and Bat &amp; Score GoalsTM (in the United States and 125,000 in Canada). Reason for the Recall: The valve of the inflatable ball on these toys can come off and pose a choking hazard to young children.


Consumers should immediately remove the inflatable ball from affected product  and keep away from children. Consumers may contact Fisher-Price for a free replacement kit. Do not throw the inflatable ball away before contacting Fisher-Price.
Healthy Care, Easy Clean and Close to Me High Chairs Due to Laceration Hazard


Fisher-Price recalls about 950,000 Healthy Care, Easy Clean and Close to Me High Chairs (in the United States and 125,000 in Canada). Children can fall on or against the pegs on the rear legs of the high chair resulting in injuries or lacerations. The pegs are used for high chair tray storage.


Consumers should immediately stop using the recalled high chairs and contact Fisher-Price for further instructions on receiving a free repair kit.
Little People Wheelies Stand &lsquo;n Play Rampway Due to Choking Hazard


Fisher-Price recalls  about 100,000 Fisher-Price Little People Wheelies Stand &lsquo;n Play Rampways (in the United States and 20,000 in Canada). The wheels on the purple and the green cars can come off, posing a choking hazard to young children.


Consumers should immediately take the affected toy cars away from children and contact Fisher-Price for free replacement cars.
Children&#39;s Trikes Due to Risk of Serious Injury


Fisher-Price recalls about 7 Million Fisher Price Trikes and Tough Trikes toddler tricycles (in the United States and 150,000 in Canada). A child can strike, sit or fall on the protruding plastic ignition key resulting in serious injury, including genital bleeding.


Consumers should immediately place the trikes out of children&#39;s reach and contact Fisher-Price for instructions on receiving a free replacement key.

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    <title><![CDATA[GM Recalls the 2010 Cadillac SRX]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[General Motors announced this morning that they are issuing a voluntary recall of select 2010 Cadillac SRX crossovers. This recall  is based on an independent investigation by GM over complaints of a power steering leak. In the affected 2010 SRX models, all of which were built in December of 2009, a power steering line can begin to leak and provided that the leak gets bad enough, the fluid entering the engine bay as a result of the leak can start a fire.

General Motors is quick to point out that there have been no accidents, injuries or deaths from the new Cadillac SRX recall  and that from the 3,460 crossovers being recalled, the company only believes that 2 or 3 may actually be experiencing the problem. Owners of those models can expect a letter from GM later this month instructing them to return to their friendly neighborhood Cadillac dealership, where a free inspection will take place and should you be one of the unlucky people with the power steering problem , the repair will be made free of charge.

General Motors states that only 2 or 3 of the 3,406 2010 Cadillac SRX models recalled may be experiencing this power steering issue but with the recent issues pertaining to Toyota hiding quality issues; every automaker is on their toes about reporting problems. A problem like a power steering leak causing an engine fire could prove to be very dangerous, so rather than risk any more fires in consumer models, GM is pulling the trigger early and getting the vehicles back to dealerships.

Since being introduced last year, the 2010 Cadillac SRX has been one of the luxury brand&rsquo;s strongest growing models, trailing only the popular Cadillac CTS lineup in monthly sales. GM being on top of this power steering issue shows the company&rsquo;s dedication to quality, safety and customer satisfaction &ndash; things that GM has been criticized for in the past.
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    <title><![CDATA[Suit Filed Claiming Defective Continental Tire Caused Deadly Rollover]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[



November 23, 2010 Houston, Tx.: A rollover accident that resulted in the deaths of two people and injured four others is being blamed on a faulty tire according to a lawsuit filed by Board certified personal injury attorney Rob Ammons.  The lawsuit claims a 2006 Ford Expedition rolled over after the vehicle&#39;s right rear Continental Tire detreaded. 


&quot;We will show the tire was defectively designed, manufactured, assembled, marketed and sold by Continental Tire The Americas,&quot; says Rob Ammons  in the lawsuit.  &quot;The Defendant made the product unreasonably dangerous and was the producing cause of the incident and Plaintiff&#39;s injuries and damages.&quot;


The lawsuit claims the tire as sold by Continental was in a defective condition and was unreasonably dangerous.  Safer alternative designs would have prevented or significantly reduced the risk of the incident and injuries without impairing the tire&#39;s utility, according to the filed petition.


Rob Ammons is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, in addition to being Board Certified in Civil Law by the National Board of Trial Advocacy.  Rob Ammons&#39; law practice, The Ammons Law Firm , is located in Houston, Texas.  The Ammons Law Firm practice is exclusively personal injury law, handling such cases as: tire defects, oil rig explosions, truck accidents, plant explosions, refinery accidents, wrongful death, post-collision fires, seat belt defects, airbag defects, SUV rollovers and workplace negligence. 


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    <item>
    <title><![CDATA[Coastal Property Owners : Your Property Could Belong to Government]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
The Houston Chronicle has an frightening editorial today about the increased legal risks of owning coastal property.&nbsp; Timothy Mulvaney writes that last week, in Stop the Beach Renourishment Inc. v. Florida Department of Environmental Protection, the U.S. Supreme Court unanimously affirmed a decision of the Florida Supreme Court that rejected landowners&#39; takings claims. 


The case involved the publicly funded restoration of a beach on top of state-owned waters in an effort to protect lives and property against hurricanes. Gulf-front property owners failed to convince the court that, under Florida law, they deserved either exclusive access to the new beach or compensation for the separation of their property from direct contact with the water.


In the immediate sense, the decision seemingly has paved the way for more than $100 million worth of planned shore protection projects along Texas&#39; Gulf Coast, as well as like projects in many other states. However, the court proved fractured in its reasoning, issuing three separate opinions with none carrying a majority of the justices. These opinions, therefore, do not constitute binding precedent; instead, they presage continued uncertainty in takings law.


The Takings Clause long has applied only to acts of the legislative and executive branches of government. Yet in Stop the Beach, four justices announced that judicial decisions declaring that &quot;a well established&quot; property right &quot;no longer exists&quot; also may constitute a taking. 


Stop the Beach raises not only complicated questions of property rights, but the more basic subject of state judicial power. The judicial takings theory espoused by the plurality throws into question the relevance of prior cases asserting that governmental regulations reflecting fundamental property principles of the individual state courts do not amount to takings





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  </item>
    <item>
    <title><![CDATA[Lawsuit Filed After Defective Appliances Explode and Seriously Injure Resident]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[




HOUSTON,TX November
2, 2010: Explosion attorney
Rob Ammons  of the Ammons Law Firm has filed a lawsuit against Advantage
Home Buyers and EW Premier Properties, LLC on behalf of burn victim Edward
King. 





King
was an apartment resident of a property owned by Advantage Home Buyers when
hazardous appliances and gas lines exploded 
and caused a fire in the apartment unit.&nbsp;&nbsp; King was seriously injured and airlifted to Memorial Hermann
Hospital from the scene.





&quot;The
apartment owners should have properly inspected and corrected unsafe conditions
in the unit,&rdquo; says Ammons. &quot;We claim in our lawsuit Advantage Home Buyers
and EW Premier Properties LLC were negligent and as a result Edward King
sustained serious permanent injuries.&rdquo;


&nbsp;


Rob
Ammons is Board Certified in Personal Injury Trial Law by the Texas Board of
Legal Specialization, in addition to being Board Certified in Civil Law by the
National Board of Trial Advocacy. Rob Ammons&#39; law practice, The Ammons Law Firm , is located in Houston,
Texas. The Ammons Law Firm practice is exclusively personal injury law,
handling such cases as: tire defects, oil rig explosions, truck accidents,
plant explosions, refinery accidents, wrongful death, post-collision fires,
seat belt defects, airbag defects, SUV rollovers and workplace negligence. 


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    <title><![CDATA[Product Defect Lawyer Rob Ammons Talks ot CBS News About Seat Belts in School Buses]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[

	
	
	
	
	
	


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  </item>
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    <title><![CDATA[GM Seat Belt Defects Prompt Recall]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[General Motors is recalling nearly 250,000 crossover vehicles worldwide to inspect second-row seat belts  that could be damaged and not latch. GM says the recall affects 2009-2010 models of the Chevrolet Traverse, Buick Enclave, GMC Acadia and Saturn Outlook.

Most of the recalled vehicles are in the United States, but some are in other countries including Canada and Mexico. GM says the seat belt buckle  could be damaged when the seat back is returned to an upright position. That could make the buckle appear latched when it isn&#39;t.


&nbsp;

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  </item>
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    <title><![CDATA[SGM Seat Belt Recalls Affects 250K Vehicles]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[General Motors is recalling  nearly 250,000 crossover vehicles worldwide to inspect second-row seat belts that could be damaged and not latch. GM says the recall affects 2009-2010 models of the Chevrolet Traverse, Buick Enclave, GMC Acadia and Saturn Outlook.

Most of the recalled vehicles are in the United States, but some are in other countries including Canada and Mexico. GM says the seat belt buckle  could be damaged when the seat back is returned to an upright position. That could make the buckle appear latched when it isn&#39;t.

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    <item>
    <title><![CDATA[Reeve Foundation Making Advances In Spinal Cord Injury Research]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
Even though Christopher Reeve , arguably one of the most famous survivors of spinal cord injury , is no longer with us, his legacy lives on through the Christopher and Dana Reeve Foundation.&nbsp; One of his foundation projects builds on the findings of another member, Dr. Reggie Edgerton who in his research into the effects of activity and locomotor training on recovery discovered that the production of two neurotrophins or growth factors -- NT-3 and BDNF -- increased after training. 



The Mendell project also takes advantage of work by Reeve Consortium member Rusty Gage, PhD, who has developed genetic techniques to enhance levels of these growth factors in the spinal cord  in vivo. 
Dr. Mendell and his team combined these strategies with his behavioral and electrophysiological techniques to better understand how these growth factors, when combined with training, can affect neurons in the spinal cord. He is working on a way to activate these neurological circuits to restore function after SCI. 


The Mendell lab has shown that adult rats with complete spinal cord injuries can step or hop on a moving treadmill after neurotrophin treatment -- although their hind and front limbs are not coordinated and they need support in order to achieve balance. So Dr. Mendell&#39;s question is: how to activate these circuits reliably in order to achieve useful behavior? He says the value of the Consortium is that he has easy access to a wealth of expertise and technologies that may help him solve this problem.


I know it sounds shocking, but even a decade ago collaboration among researchers at this level just would not have happened. &quot;Science today is not what I originally thought it was... it was sort of a solitary endeavor,&quot; explains Dr. Mendell,&quot; Now, it&#39;s very social.&quot;


&nbsp;

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    <title><![CDATA[IIHS Releases Roof-Strength Tests on Midsize SUVs]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[Many SUV shoppers worry about the rollover risks  that come with driving a tall vehicle. The Insurance Institute for Highway Safety (IIHS) has just released roof strength tests that are designed to measure how well vehicles protect their occupants in rollovers.  The results may surprise you.

In a press release, IIHS writes, &quot;In the first Insurance Institute for Highway Safety roof strength tests of midsize SUVs, 6 earn the top rating of good for rollover protection, 1 is acceptable, and 5 others earn the second lowest rating of marginal.&quot;


IIHS tested 12 midsize SUVs, and their roof-strength rating system is more stringent than what the federal government requires. IIHS explains that in the test, &quot;a metal plate is pushed against 1 corner of a roof at a constant speed. To earn a good rating, a roof must withstand a force of 4 times the vehicle&#39;s weight before reaching 5 inches of crush. For an acceptable rating, the minimum strength-to-weight ratio that&#39;s required is 3.25. A marginal rating value is 2.5, and anything lower than that is poor.&quot;


Roof-strength is an important measure of vehicle safety, IIHS says, because almost 10,000 people are killed each year in rollovers . Those SUVs that earn Good scores in IIHS roof-strength tests have standard electronic stability control, and Good scores in all other IIHS crash tests earn the organization&#39;s Top Safety Pick award.


Kicking Tires writes, &quot;Although the Jeep Liberty and its Dodge Nitro twin had the best results for roof strength at five times the weight of the vehicle, they rated Acceptable and Marginal in rear and side crash tests, respectively,&quot; and so didn&#39;t get Top Safety Pick designations.


The SUVs that are top Safety Picks are:


    * 2011 Jeep Grand Cherokee
* 2011 Kia Sorento
* 2010 Chevrolet Equinox
* 2010 Toyota Highlander
* 2010 Toyota Venza


Left Lane News reports, &quot;Thanks to a poor performance in the Insurance Institute for Highway Safety&#39;s roof strength test, Honda is reportedly considering an early revamp and roof reinforcement for its Accord Crosstour wagon-like crossover.&quot;  The Crosstour had the worst performance in the IIHS roof-strength tests.

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    <title><![CDATA[New Design to Help Prevent Ford Rollovers ]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[The last thing Ford Motor Co. wants you to think about when you get the behind the wheel of its new Explorer is rollovers.

Plagued a decade ago by fatal rollovers associated with its Firestone tires, Ford is trotting out a new Explorer model to be unveiled officially in July. So the auto maker is loading it down with extra safety features, including the industry&#39;s first inflatable seat belt for rear passengers. 


On Monday, executives appeared before reporters at Ford&#39;s test track in Dearborn, Mich. to trumpet another feature designed to alleviate rollover anxiety called &quot;curve control.&quot; 


It works like this: take a hairpin turn too quickly and the Explorer rollover stability control feature responds by slowing the vehicle down, as quickly as 10 miles per hour in one second. If the speed is too great, the Explorer will even apply the brakes to avoid the driver losing control and slipping off the road. 


Executives described how the feature could be especially useful on blind turns or exiting a freeway at high speed onto a curlicue turn. 


Ford says the patent-pending feature - which doesn&#39;t involve any new hardware inside the Explorer just upgraded software for its electronic stability control - could help reduce some of 50,000 accidents in the U.S. every year related to drivers&#39; errors in taking sharp turns too quickly. Ninety percent of Ford&#39;s North American trucks and SUVs will have the &quot;curve control&quot; feature by 2015. 





&nbsp;


&nbsp;

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    <title><![CDATA[Tire Defects More Common on Memorial Day Weekend]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[

wtach the video click here  


	Experts say tires on passenger vehicles and trucks are more susceptible to tread separation and blowouts over Memorial Day Weekend.
	
	&ldquo;Its a combination of heat and low gas prices, more people can afford to travel and travel further,&rdquo; Houston tire defect attorney Rob Ammons told CBS news on Saturday. &nbsp;&ldquo;Drivers are trusting that if their tires are properly inflated they are safe. &nbsp;The truth is, &nbsp;vehicle tires are most vulnerable on long trips at highway speeds in high temperatures.&rdquo;
	
	Ammons says the best way drivers can be sure their tires are safe for Memorial Day weekend trips is to check each and every tire before the trip for uneven tread wear before they hit the road. &nbsp;Tires are more likely to fail when they are six years or older regardless of the amount of tread on the tire. &nbsp;Because tires don&rsquo;t have a &lsquo;born on&rsquo; date its difficult for most people to know when their tires have reached an age when tread separations are more likely to occur. 
	
	




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    <title><![CDATA[Bennett Midlo Talks to Fox News About Aging Tires]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[



&nbsp;


Ammons Law Firm attorney Bennett Midlo appeared on Fox news this morning to talk about the dangers of aging tires  and how to determine if your tires are too old to drive on this holiday weekend. &nbsp;


Midlo taught viewers to check the last two digits on their car tires stamped DOT number. Those numbers indicate the year of manufacture for the tires. &nbsp;Any tire over 6 years old is at great risk for tread separation  and blowout  because the rubber degrades due to exposure of oxygen.


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    <title><![CDATA[Firestone Announces yet Another Recall]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
WASHINGTON &mdash;
The National Highway Traffic Safety Administration has announced the 
recall  of 127,183 Firestone FR380 tires, size P235/75R15 because of a 
potential safety defect.


The tires were manufactured between September 2007 and July 2008, and
were produced with insufficient tread base gauge. Continued use ofthose
tires may lead to vibration and groove cracking, while extended use 
could lead to tread distortion or tread separation  and a loss of vehicle
control.


Firestone&#39;s parent company, Bridgestone, will notify owners and 
replace the tires free of charge.


Owners can call (800) 465-1904.


N.H.T.S.A. Firestone Tire Recall 


Tire Brand Name / Tire Line / Tire Size:  FIRESTONE / FR380 / 
P235/75R15


Production Dates:  SEP 09, 2007 - JUL 02, 2008


Manufacturer: BRIDGESTONE/FIRESTONE NORTH AMERICA TIRE


Mfr&#39;s Report Date: JUN 25, 2009


NHTSA CAMPAIGN ID Number: 09T007000  N/A


NHTSA Action Number: N/A


Component: TIRES:TREAD/BELT


Potential Number of Units Affected: 127183


Summary: 


BRIDGESTONE AMERICAS TIRE OPERATIONS, LLC (BATO) IS RECALLING 127,183
FIRESTONE FR380 TIRES, SIZE P235/75R15, MANUFACTURED FROM SEPTEMBER 9, 
2007 THROUGH JULY 2, 2008. THESE TIRES WERE PRODUCED WITH INSUFFICIENT 
TREAD BASE GAUGE.


Consequence: 


CONTINUED USE OF THE SUBJECT TIRES MAY LEAD TO VIBRATION AND GROOVE 
CRACKING. EXTENDED USE COULD LEAD TO TREAD DISTORTION OR TREAD 
SEPARATION AND LOSS OF VEHICLE CONTROL.


Remedy: 


BATO WILL NOTIFY OWNERS AND REPLACE THE AFFECTED TIRES FREE OF 
CHARGE. BATO WILL ALSO MOUNT AND BALANCE THE REPLACEMENT TIRES, ALL AT 
NO CHARGE OR EXPENSE TO THE OWNER. THE SAFETY RECALL IS EXPECTED TO 
BEGIN ON OR ABOUT JUNE 29, 2009. OWNERS MAY CONTACT BATO TOLL-FREE AT 
1-800-465-1904 OR VISIT THEIR WEBSITE AT WWW.FIRESTONETIRE.COM.




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    <title><![CDATA[Goodyear Recalls Certain Dunlop Tires]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[Goodyear Tire &amp; Rubber Co. is recalling  &quot;certain Dunlop SP193 commercial trailer tires&quot; produced from Jan. 24 through May 29, 2010 because they &quot;could experience air loss&quot; in the tread/belt area.

The tires in question are size 295/75R22.5. The potential number of units affected is 11,994.


&quot;Driving a vehicle with under inflated tires increases the risk of a crash,&quot; said the National Highway Traffic Safety Administration (NHTSA), which issued the recall  notice through its Office of Defects Investigation.


Goodyear will notify owners of record and will visually inspect the tires for defects. If the defect is not present at the time of inspection, Goodyear says the tire is OK and will not need to be replaced.


If a defect is present, Goodyear dealers will replace the tires  free of charge. The safety recall is expected to begin on or about Sept. 30, 2010.

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    <item>
    <title><![CDATA[Trucking Safety Plan Brings Praise, Concern]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
Fleetowner.com  has a very informative article today about a new plan designed to standardize safety and reduce trucking accidents  for long haul truckers, but it is drawing some criticism as well as praise.


The Federal Motor Carrier Safety Administration (FMCSA) revealed its roll -out plan to Congress this week for its revamped safety scoring process for the trucking industry  called Comprehensive Safety Analysis 2010 (CSA 2010). While the new program drew praise from truckers and safety experts, concerns were also expressed-- namely over the data collection and analysis portion of the new rules.



The new Carrier Safety Measurement System (CSMS) will replace the current safety scoring system, SAFESTAT, and will measure carriers more thoroughly through the use of all safety violation data, weighted by crash risk.


&quot;CSMS will give our investigators a more robust tool to use in identifying high risk carriers for review,&quot; Ferro stressed. &quot;It also will be the basis for the selection system roadside enforcement officers will use to focus their roadside inspections.&quot;


With regard to process, CSA 2010 introduces a new strategy known as the &quot;intervention,&quot; and frames it at four levels: comprehensive on-site reviews (much like today&#39;s compliance review); focused on-site investigations; off-site investigations; and warning letters. 


&quot;Through a mix of these interventions, combined with roadside activity, we will increase the number of carriers we &quot;touch&quot; and catch unsafe behaviors before it leads to a crash,&quot; Ferro said.


Finally, for maximum effect, Ferro said CSA 2010 will be grounded on a new piece of regulation, known as the Safety Fitness Determination Rule.


&quot;This rule will decouple the carrier safety rating from today&#39;s on-site compliance review [and] will enable FMCSA to propose carrier safety ratings through the CSMS, thereby increasing the number of carriers we rate annually ten-fold,&quot; Ferro explained.


The notice for proposed rulemaking (NPRM) for this new regulation is expected in early 2011 and Ferro noted that much of CSA won&#39;t be fully active until next year..


&quot;The roll-out for CSA 2010 officially began in April this year with the launch of the data preview, with the actual CSMS system to be previewed in late August, followed by full view to the public at the end of the year,&quot; she said. &quot;Remaining components - warning letters, the NPRM, intervention process and more - will continue to the end of fiscal year 2011.&quot;


By that time, CSA 2010 will be known only by its initials &quot;CSA,&quot; which will stand for &quot;Compliance, Safety, Accountability,&quot; Ferro added. 


While the American Trucking Assns. (ATA)  said it supports CSA 2010&#39;s overall objectives, it contends that there are major &quot;flaws&quot;  relating to how the new program will actually work . These flaws could harm safe carriers while allowing unsafe ones to continue operating, stressed Keith Klein, executive vp &amp; COO of truckload carrier Transportation Corporation of America, testifying on behalf of ATA.


To avoid these consequences, Klein said that  FMCSA should delay the implementation of CSA 2010 until the agency gets a chance to review an evaluation study of the program currently underway by the University of Michigan Transportation Research Institute.


In particular, ATA has three major concerns: Crash accountability or &quot;causation&quot; determinations should be made on truck-involved crashes  before entering them into a carrier&#39;s record so drivers and carriers are held accountable only for crashes they cause; vehicle miles traveled (VMT) and not number of trucks or power units should be used as a carrier&#39;s &quot;exposure measure&quot;; and the agency should focus on using only actual citations for moving violations, not un-adjudicated &quot;warnings&quot; issued by law enforcement.


Klein said that in addition to those issues, ATA is also concerned about how the severity weights for violations are assigned; measuring carriers based on violations committed by drivers who have since been terminated; measuring carriers based on citations that have been dismissed in a court of law; inequitable measurement of open deck or flatbed carriers; overly broad peer groups; and inconsistent state enforcement practices.


&quot;A system that is based on inconsistent data and a flawed scoring methodology will not achieve its objectives,&quot; Klein stressed. &quot;Instead, it will create inequities for some safe carriers and inappropriately allow some unsafe carriers to avoid scrutiny and consequences.&quot;


Industry observers also caution fleet owners and others to expect glitches to crop up in the CSA 2010 process as it gets rolled out. &quot;With a program of this size and scope there are bound to be some bumps along the way,&quot; said Stephen Keppler, interim executive director of the Commercial Vehicle Safety Alliance (CVSA).

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    <item>
    <title><![CDATA[New Georgia Driving and Texting Ban Could Spread]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[The Associated Press writes today about a new Georigia state rule banning texting and driving.&nbsp; Georgia State Patrol troopers will wait until Aug. 1 to crack down on texting drivers  as they focus their efforts on educating the public and determining how to enforce the new ban that starts this week.

State Patrol Commanding Officer Maj. Mark McDonough says the department&#39;s efforts are going to be &quot;very compassionate&quot; over the next few weeks while troopers and drivers get used to laws that bar adults from texting while driving , ban texting and talking for drivers under 18 and require pickup truck drivers and passengers to wear seat belts.


During a question and answer session on Tuesday, McDonough acknowledged that enforcing the texting ban could be a challenge.


He said, for example, that while the law clearly says teens are not allowed to text or call while driving, determining who is a teenager might not be so easy.


&quot;That would be very difficult for a trooper to just effect a stop based upon a person&#39;s age,&quot; McDonough said, according to a transcript of the session provided by the State Patrol.


Troopers will not receive specific new training, he added, but will have to be vigilant before making traffic stops for a texting  or talking driver who may be distracted and not staying in the proper lane or following too closely.


&quot;If he&#39;s wrong, he&#39;s going to have to let that person go,&quot; McDonough said. &quot;The number one thing we have to have in our job is the ability to observe. Is it impossible? No, but it&#39;s going to require the trooper to do some observation in order to develop the reason why he pulls them over.&quot;


McDonough says the situation will be more clear-cut for drivers involved in accidents resulting from texting or from pickup truck drivers not wearing seat belts.


Drivers found guilty of violating the laws on texting or talking  while driving face a $150 fine and a point added to their driver&#39;s license.


The new laws take effect July 1, which marks the beginning of the Fourth of July holiday, a busy travel weekend when traffic enforcement is an increased priority.


McDonough said he thinks the laws are good ones, and that the grace period will be effective. He also said he thinks the state&#39;s decision to end the ban on seat belts for pickups could save the lives of 100 people a year who would otherwise die on Georgia roadways.


Georgia was the last state to end the pickup exemption for seat belts. McDonough said about 20 percent of fatal vehicle accidents occur in pickup trucks statewide each year, and that in those circumstances, 75 percent of the time people are not wearing seat belts.


Two dozen other states have passed bans on texting while driving.


In Georgia, the adult law is named for Caleb Sorohan, a Morgan County college freshman who was killed in a head-on collision last year because he was texting while driving. The family of the 18-year-old has pushed state lawmakers to pass the texting ban since his death in December.


The Illinois-based National Safety Council estimates that 28 percent of crashes - or 1.6 million annually - are caused by drivers talking or texting on cell phones.


The push to address such dangerous driving practices has garnered the attention of celebrities such as Oprah Winfrey and organizations like the United Nations. Both launched campaigns to discourage drivers from using cell phones while behind the wheel.


Amy Stracke, a spokeswoman with AAA Auto Club South based in Tampa, Fla., said the law will mainly work as a deterrent.


&quot;Most people are law-abiding citizens, so if there is a law on the books, most people are going to abide by that law,&quot; Stracke said. She added that the law is enforceable and that educating drivers will be key. &quot;There&#39;s not a lot of history on it, but these laws have been shown to reduce the amount of texting that&#39;s done behind the wheel.&quot;

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  </item>
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    <title><![CDATA[Trucking Industry Campaign to Curb Distracted Driving Scrapped]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[According to Truckinginfo.com, plans by lobbyist firm the Seward Square Group to counter distracted driving  campaigns have been abandoned, according to published reports.

Last week, non-profit publication FairWarning obtained a 10-page presentation by the DRIVE Coalition, Seward&#39;s proposed group. The document outlines the group&#39;s goal of addressing distracted driving through increased driver education and enforcement, rather than regulations banning mobile technology. DRIVE stands for Drivers for Responsibility, Innovation and Vehicle Education.


&quot;In less than 6 months, a benign debate about teens and texting has morphed into a full-throttle assault on mobile technology,&quot; the presentation said. &quot;Auto, tech, and insurance industries, among others, have become collateral damage in this transportation battle. Failure to act will result in a scenario with 51 separate battles, instead of just one where a coalition can lead the debate.&quot;


The coalition ceased its efforts after Transportation Secretary Ray LaHood held a press conference Wednesday addressing the group.


&quot;The concept has met its goal of expanding dialogue on distracted driving , therefore the coalition is no longer being pursued,&quot; the group told the Washington Post.


In response to FairWarning&#39;s initial release of the group&#39;s intentions, LaHood said in his blog, &quot;DOT and the safety community will not be stalled by a new effort to rile up corporate America and undermine the achievements of our campaign against distracted driving. Regardless of what a powerful lobbying group has to say, the simple fact is that texting and talking on cell phones behind the wheel is a deadly epidemic.&quot;


According to the group&#39;s presentation, it was in the process of recruiting manufacturers, wireless providers, car makers, associations, and GPS providers, such as Motorola, Nokia, Apple, Verizon, AT&amp;T, GM, Ford, the Auto Alliance and TomTom, to name a few.


The group also said Jim Hall, former chairman of the National Transportation Safety Board, would be the face of DRIVE. Hall said the group was misrepresented to him, according to the Post. In fact, he stood with LaHood during the press conference, denouncing their efforts.


&quot;The only effort I&#39;m going to have anything to do with is to support Secretary LaHood and these safety advocates,&quot; he said.


&quot;Are you really going to tell Jennifer Smith of Texas, who lost her mother, that states should continue to allow drivers to focus on their cell phones and not on the road in front of them?,&quot; LaHood said in his blog. &quot;Well, I won&#39;t do that. And real safety advocates won&#39;t do that. When it comes to safety, this DOT is holding firm.&quot;

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    <title><![CDATA[US Truck Safety Check Figures Announced]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[US - CANADA - MEXICO - Results from the Commercial Vehicle Safety Alliance&#39;s (CVSA) Roadcheck 2010 are a reliable indicator as to the attitude of truck and bus drivers and operators and the figures show that the industry is maintaining the state of health it achieved last year when the statistics showed record low &lsquo;out-of-service&#39; rates. The roadside checks are similar to those undertaken by VOSA in the UK. The CVSA is an international not-for-profit organization comprised of local, state, provincial, territorial, and federal motor carrier safety officials and industry representatives from the United States, Canada, and Mexico dedicated to promoting commercial vehicle safety. 

Drivers are pulled over and asked to show their commercial driver&#39;s license, medical examiner&#39;s certificate, and record of duty status. These questions are asked in an effort to reduct the incidences of trucking accidents . Continuing resistance to a technological upgrade to the tachograph system common in Europe means the driver must keep his log book complete. The vehicles Brakes, tires, lights, and major components and general condition are then thoroughly examined. The CVSA sponsors Roadcheck each year with the Federal Motor Carrier Safety Administration (FMCSA), Canadian Council of Motor Transport Administrators (CCMTA), Transport Canada, and the Secretariat of Communications and Transportation (Mexico) and is supported by organisations such as the American Trucking Associations (ATA). 


During the 72-hour inspection blitz, which took place from Canada to Mexico from June 8-10, 2010, drivers were stopped and this year Roadcheck achieved a stop rate of 15 trucks or buses inspected, on average, every minute, as roadside inspectors focused on the North American Standard (NAS) Level I inspection, safety belt enforcement, and motorcoach inspections. More than 9,856 CVSA -certified inspectors at 2,482 locations across North America performed 65,327 truck and bus inspections. Of that total, there were 48,970 NAS Level I inspections, the most comprehensive roadside inspection. Inspections are additional to the roadside examinations which routinely occur throughout the year but provide a concise and accurate model of how the industry is performing at a given point in time. 


&quot;The number of CMV inspections is an indicator that, even in these continued tough economic times, state, provincial, local and federal agencies are committed to enforcing truck and bus safety standards ,&quot; said CVSA&#39;s Interim Executive Director Stephen A. Keppler. &quot;Roadside enforcement remains committed to this critically important role in saving lives on North America&#39;s highways and helping to provide all travellers a safe and secure place to travel.&quot; 


Data from 2010 against last year show the overall vehicle compliance rate at 80% down 0.4% with an overall driver compliance rate of 95.6% (unchanged from last year). For NAS Level I inspections, the compliance rates were 76.7% (down 1.1%) for vehicles and 96.3% (up 0.2%) for drivers. In addition there were 1,159 safety belt violations, 189 more than there were last year (up 19.5%). Hazardous materials inspections compliance was up 0.7% for vehicles at 83.7% and for drivers up 0.5% to 97.5%. There were 26,605 CVSA decals issued to vehicles that passed the inspection, which was down from the number issued in 2009 (29,972). 


&quot;Brake-related defects continue to account for half of all out-of-service violations,&quot; said CVSA Region V (Canada) President Steve Callahan. &quot;As such, we strongly encourage governments, industry associations, owner-operators, motor carriers and drivers alike to take an active part in the upcoming 2010 Brake Safety Week, September 12-18. We need all industry players to continue working together to achieve a further sustained drop in the OOS rate in the years ahead.&quot; 


&quot;Every time an inspector checks the brakes, tires, tie-downs, a driver or other items while conducting an inspection, what&#39;s in the back of their minds is this - what I&#39;m doing will save a life. The people who we read about in the news are &quot;our&quot; family members and we are here to protect them,&quot; said CVSA&#39;s President Buzzy France. &quot;There is no one person, agency or organization that feels we can achieve zero fatalities alone. We need partners to solve this complex problem. All of us have an important role to play.&quot; 

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  </item>
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    <title><![CDATA[Crackdown on Truck Safety]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
The N.C. Highway Patrol launched a program Tuesday morning to 
crack down on safety compliance by tractor-trailer drivers  on the 
state&#39;s highways.


Operation Road Watch is a 48-hour program, scheduled through Thursday morning in Iredell County, the Highway Patrol says.


Troopers launched the effort at 6 a.m. Tuesday on Interstate 77, 
but they said authorities will be checking on trucks on other roads, 
too. The Highway Patrol says it plans to take the program to other 
counties later this year.


The goal is to reduce collisions involving the big trucks and other vehicles, troopers say.


The inspections will focus on several areas:


-- Aggressive driving around commercial motor vehicles


-- Unsecured load violations


-- Hazardous materials being taken across state lines


-- Motor carrier fuel violations    


Many hope North Carolina&#39;s aggressive effort to reduct trucking accidents  will encourage other states to do the same. 


&nbsp;


Read more: http://www.charlotteobserver.com/2010/07/27/1585190/truck-safety-crackdown-begins.html#ixzz0vYRTsXzE

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    <title><![CDATA[Congress Considering Making Black Boxes Mandatory in New Vehicles]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[The U.S. Congress is currently debating whether to require all car manufacturers to include Event Data Recorders, more commonly known as &quot;black boxes,&quot; as standard safety features in all vehicles. Several automobile makers began installing black boxes as standard features in 2005, but they are not mandatory and are not regulated. While black boxes can be helpful tools in accident forensics, they are still surrounded by controversy because of the skill needed to interpret the recorded data and possible motorist privacy violations.

Motor Vehicle Safety Act


The Motor Vehicle Safety Act  of 2010 was introduced to the Senate in May of this year and was referred to the Senate Commerce, Science, and Transportation Committee in June, where it currently resides. The bill aims to impose additional motor vehicle safety standards and penalties on car manufacturers, including requiring black boxes and standardizing how much data they record. The bill could also make vehicle safety hazards and defects more readily available to the public through the National Highway Traffic Safety Administration (NHTSA) .

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    <title><![CDATA[Should Shippers Share Blame in Trucking Accidents?]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[Whenever someone is injured on the highway  and a truck is involved often the driver shoulders the lions share of the blame or the owner of the truck.&nbsp; 


But what about the shipper? Should it bear any responsibility in cases involving an unsafe piece of equipment or unqualified driver?


Carriers who insist highway safety needs to be a systematic effort from the entire supply chain would say &quot;yes.&quot;


&quot;Where is the due diligence on the part of the shippers to make sure that these people are running equipment that is safe?&quot; asks Claude Robert of Robert Transport.


Mark Seymour of Kriska Transport says that as long as their product gets to market, many shippers aren&#39;t interested in what their transport providers are doing. &quot;They&#39;re in survival mode right now so the mandate from their corporate is to get it done as cost effectively as possible.&quot;

Truckers often bear the lowest hanging settlement in trucking accident  cases.
Legally, however, shippers and logistics companies would do well not to turn a blind eye.


Suing the shipper for a truck accident  isn&#39;t unheard of. It is uncommon, though.


Attorneys would have to show that a shipper who continuously uses bad carriers &quot;knows or ought to know&quot; the carrier is not following the rules.


&quot;I don&#39;t think it would be enough to say that a shipper is liable because they use a company with a bad record,&quot; says one attorney. &quot;But if I can prove that they know or reasonably ought to know [the carrier] cuts corners because that&#39;s how they do it so cheap, then I could see potential for flow-through [liability].&quot;


What a company &quot;ought to know&quot; about the competency of its service providers is, of course, up to lawyers to prove and judges to decide.


That shouldn&#39;t be a risk any shipper would want to take.


Still, many logistics companies fail to make a connection or bear any responsibility for safety on the highways -- at least not until something significant occurs and the spotlight turns on them too.


&quot;It&#39;s an enigma,&quot; says Frank Gentile of Titan Cartage. &quot;You expect to have to best service, but yet you hire the cheapest carrier. And when you&#39;re wife and kids are out driving on the highway you don&#39;t want them to be in jeopardy, right? You don&#39;t often relate it, unfortunately.&quot;

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    <title><![CDATA[Teen Drivers Who Text Target of National Teen Driver Safety Week]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[National Teen Driver Safety Week runs from October 17-24 and is a part of the National Highway Traffic Safety Administration&#39;s ongoing Teen Safe Driving Campaign.

Statistics show that distracted driving  is a serious problem among teen drivers. 


In 2008, more than 3,750 teenagers ages 15 through 19 died in automobile crashes  of all types, and almost 660, or 18 percent, of those were killed in crashes involving some form of distracted driving, according to the NHTSA.


The use of electronic devices while driving is one of the leading distractions among teen drivers. Although there&#39;s nothing wrong with listening to music on an iPod, talking on a cell phone or sending a text message - is incredibly dangerous to do it while you&#39;re behind the wheel.


In a study by the Pew Research Center&#39;s Internet &amp; American Life Project, almost half of the teens interviewed said they had been in an automobile with a texting driver. One in three teens said that they had texted while driving.


Highway safety advocates are hopeful anti-texting laws, strong police enforcement and public awareness campaigns will help to reduce distracted driving accidents involving teen drivers.


At least 30 states have passed legislation that bans texting while driving, including Michigan, which made texting behind the wheel a civil infraction that carries a $100 fine for the first offense and a $200 fine for subsequent offenses. The law took effect in July.

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    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
Man Ejected From Truck During Accident Files Lawsuit Against Ford Motor Company For Seat-Back and Seatbelt Failure 



HOUSTON,TX October 15, 2010: Accident attorney Rob Ammons of the Ammons Law Firm and Jason Gibson of The Gibson Law Firm have filed a lawsuit against Ford Motor Company on behalf of Michael Williams after he became a paraplegic after a truck accident. 

Williams was a passenger in the 2000 Ford F-150 Truck when the driver fell asleep and the truck overturned three times.  Williams was ejected from the truck even though he was wearing his seatbelt.  Williams is now paralyzed from the waist down. 

&quot;Ford Motor Company failed to safely design, manufacture, and inspect the seat and seatback of the truck Michael Williams was a riding in and it cost my client his ability to walk. &quot; says Ammons. &quot;Ford Motor Company defectively designed the seatback and the seat belt/restraint system making it unreasonably dangerous for its intended use.&quot;  

Unit Texas Drilling, LLC and L.C. Jones, employers of Michael Williams are also named in the lawsuit for failing to maintain policies and procedures that ensured workers received enough rest between shifts. 

Rob Ammons is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, in addition to being Board Certified in Civil Law by the National Board of Trial Advocacy. Rob Ammons&#39; law practice, The Ammons Law Firm, is located in Houston, Texas. The Ammons Law Firm practice is exclusively personal injury law, handling such cases as: tire defects, oil rig explosions, truck accidents, plant explosions, refinery accidents, wrongful death, post-collision fires, seat belt defects, airbag defects, SUV rollovers and workplace negligence.  
  


### 

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    <title><![CDATA[Landmark $82.5 Million Dollar Verdict For Family of Man Killed After Explosion at Cleburne Natural Gas Plant ]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[

&nbsp;


A Harris county jury today found the company that constructed, engineered and installed a Cleburne natural gas processing plant negligent in the death of a Mineral Wells, Texas man. &nbsp;Hanover Compression LP, now known as Exterran Energy Solutions LP of Houston was ordered to pay $82.5 million dollars in damages to the deceased&rsquo;s family, together with Quicksilver Resources Inc., the owner of the plant that was found partly negligent. 

Joshua Wade Petrie, 27, was attempting to start a hot oil heater May 25, 2007, when the heater exploded. &nbsp;A day later the man died, leaving behind a widow, Candee Petrie, and three minor children. &nbsp;Mr. Petrie&rsquo;s father, Mark Petrie, was also a claimant. &nbsp;

Petrie&rsquo;s attorneys Rob Ammons and Bennett Midlo of the Houston-based Ammons Law Firm argued in court the natural gas processing plant and its equipment were negligently refurbished, as Hanover had agreed to do.

&ldquo;Hanover Compression sold the gas processing plant in Hood County to Quicksilver Resources in March of 2005,&rdquo; says Ammons. &nbsp;&ldquo; Hanover was supposed to fully refurbish the plant and the hot oil heater. &nbsp;Hanover failed to refurbish and upgrade the heater to the applicable current industry standards and that is what caused the explosion.&rdquo;

The trial in Judge Robert Schaffer&rsquo;s Harris County Judicial District Court #152 encompassed the three-year anniversary of Petrie&rsquo;s death.

Rob Ammons is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, in addition to being Board Certified in Civil Law by the National Board of Trial Advocacy. &nbsp;Rob Ammons&rsquo; law practice, The Ammons Law Firm, is located in Houston, Texas. &nbsp;The Ammons Law Firm practice is exclusively personal injury law, handling such cases as: tire defects, oil rig explosions, truck accidents, plant explosions, refinery accidents, wrongful death, post-collision fires, seat belt defects, airbag defects, SUV rollovers and workplace negligence. 





 




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    <title><![CDATA[Record 82.5 Million Dollar Verdict May Show Juries Want to Punish Energy Companies]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
Tuesday&#39;s record-setting 82.5 millon dollar verdict in Harris country for the death of a single man killed by a Cleburne natural gas explosion  could be the beginning of a trend-juries doing what federal regulators can&#39;t do.&nbsp; Hitting big business where it hurts when they don&#39;t prioritize worker and environmental safety over profits. 


&quot;In the wake of two recent Texas natural gas line explosions and the spill in the Gulf, I believe people are sick and tired of the mess,&quot; says Houston explosion attorney Rob Ammons. &nbsp; &quot;When companies prioritize profits over responsibility, safety and respect for the environment, I think juries are going to push back in the only way they can- by awarding precedent setting verdicts for hard working claimants.&quot; 


Joshua Wade Petrie, 27, was attempting to start a hot oil heater May 25, 2007, when the heater exploded.  A day later the man died, leaving behind a widow, Candee Petrie, and three minor children.  Mr. Petrie&#39;s father, Mark Petrie, was also a claimant.  


Petrie&#39;s attorneys Rob Ammons  and Bennett Midlo  of the Houston-based Ammons Law Firm argued in court the natural gas processing plant  and its equipment were negligently refurbished, as Hanover had agreed to do.


&quot;Hanover Compression sold the gas processing plant in Hood County to Quicksilver Resources in March of 2005,&quot; says Ammons.  &quot; Hanover was supposed to fully refurbish the plant and the hot oil heater.  Hanover failed to refurbish and upgrade the heater to the applicable current industry standards and that is what caused the explosion.&quot;


The trial in Judge Robert Schaffer&#39;s Harris County Judicial District Court #152 encompassed the three-year anniversary of Petrie&#39;s death.


&nbsp;


&nbsp;

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    <title><![CDATA[High Profile Disasters Put New Focus on Workplace Safety]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
Business Journalism.org offer a unique perspective on the recent overwhelming numbers involving workplace accident injury lately. We&rsquo;re not even halfway through 2010 and already have seen some high-profile workplace accident injury disasters, including 29 dead in a West Virginia coal mine and the 11 workers lost two months ago when the BP oil rig collapsed in the Gulf of Mexico. 


Those epic tragedies make headlines, unlike the many other workplace accident injuries and even deaths that occur daily nationwide. &nbsp;Some 5,214 U.S. workers died as a result of occupational hazards in 2008, according to federal statistics.&nbsp; That was down from 5,657 a year earlier &ndash; in part due to the slower economy, according to Bureau of Labor Statistics analysis &ndash; and the lowest since the BLS began recording a fatality census in &nbsp;in 1992. Interestingly, though, workplace suicides &ndash; 263 for the year &ndash; were the highest on record. 


The Bureau of Labor Statistics site offers national and state-by-state data up through 2008.&nbsp; The statistics are sliced into a number of different permutations including industry type, worker classification, etc.&nbsp; and are divided into fatal and non-fatal incidents. 


Not surprisingly, high-risk jobs in public safety and construction have a high fatality rate, and across all occupations, a large percentage of deaths are transportation-related. &nbsp;In 2008, for example, 982 motor vehicle operators died. 


But there are some surprises in the national numbers - who would&rsquo;ve thought that floral designers, public service announcers and book-keepers were at risk of dying on the job.&nbsp; But several did, in 2008. 


As to on-the-job injuries, the BLS says there were nearly 3.7 million in 2008, and about a third were serious enough to cause missed work. Here&rsquo;s a look at the incidence rate by industry;&nbsp; &ndash; aside from public safety personnel, health care workers have quite a high injury rate. 


High-risk fields like agriculture, motor-vehicle manufacturing (including RVs, trailers and mobile homes) and tourism-related injuries also see a lot of workplace injuries . &nbsp;&nbsp;Problems range from skin diseases to poisoning to assaults to ergonomics issues. 


This state-by-state resource and reports database from the BLS will guide you to your area&rsquo;s data collectors as well as state-specific reports in the BLS site. 


And of course, the Department of Labor&rsquo;s Occupational Safety &amp; Health Administration is the clearinghouse for worker safety information; they publish weekly fatality and catastrophe reports which will offers information on specific incidents in your area, complete with the names and addresses of the companies involved.&nbsp; The report for May 1, for example, tells about a Minnesota supermarket worker who died of an infection, an&nbsp; Arizona worker who got trapped in a freight elevator gate and a Nebraska worker engulfed in grain while working on a conveyor belt. 


Among the many publications of interest on the OSHA site is searchable accident investigation database. 


Other sources of information, &lsquo;real people,&rsquo; and data would include labor unions, attorneys specializing in workers compensation cases and trade groups for facilities managers.&nbsp; Professional journals and industry magazines like EHS Today. 


The obvious caveat is that this topic can creep into sensationalism pretty quickly.&nbsp; With U.S. workers putting in hundreds of millions of hours each day, the laws of probability favor some mishaps and accidents. 

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    <title><![CDATA[Gulf Cleanup Training Ignores Advice From Health Agency, Official Says]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
Sasha Chavkin of ProPublica  writes about a developing danger for workers struggling to cleanup after the BP oil spill disaster. 


Workplace safety experts  have expressed concern that Gulf oil spill responders aren&#39;t getting enough safety training. One federal official says the four-hour safety course that BP is providing to Gulf cleanup workers lacks basic information on health risks and is too short to cover the necessary material.


Joseph Hughes, director of the worker training program at the National Institute for Environmental Health Sciences, said the course fails to incorporate important information. Among the subjects not included are chemical inhalation, the health effects of dispersants, and the risks of direct contact with weathered crude oil.


Hughes&#39; agency, part of the Department of Health and Human Services, helped develop the training. &quot;We tried to recommend what we thought the right training topics were, but all of those were not included,&quot; he said.


Cleanup workers are continuing to suffer health problems they believe to be related to chemical exposure, including vomiting, dizziness, and nose and throat irritation.


Hughes also said the course&#39;s four-hour duration -- a fraction of the 24-hour training usually required for cleanup workers who may be exposed to hazardous materials -- is insufficient and rests upon a faulty interpretation of safety regulations. In 1990, the Occupational Safety and Health Administration  issued a directive following the Exxon-Valdez disaster that allowed the minimum training to be cut to four hours for workers performing low-risk tasks such as beach cleanup.


&quot;The idea of the Exxon-Valdez exemption is that they would not have direct contact with crude oil or weathered oil,&quot; Hughes said. However, he said that some spill responders receiving the four-hour training, such as booming and skimming workers on vessels, are &quot;definitely having direct oil contact.&quot;


BP spokesman Toby Odone stated that the safety trainings are appropriate for the work people are doing. &quot;Training for Vessels of Opportunity and shoreline workers is 4+ hours and includes properties of oil, insect bites, heat, marine operations such as laying and collecting boom,&quot; Odone wrote in an e-mail. The Vessels of Opportunity program employs local boat operators and crews in cleanup activities.


Odone also wrote that workers going into oiled areas are accompanied by a technician with 40 hours of training, and that the training was approved by the government. &quot;It was developed with OSHA and approved by OSHA and the US Coast Guard,&quot; he wrote.


OSHA is in charge of monitoring workplace safety  for the cleanup. 


Hughes said that his office is pressing Unified Command -- the interagency spill response team that consists of BP, Transocean, the Coast Guard and numerous federal agencies -- to implement an eight-hour training course for those at greater risk of contact with hazardous materials. The course would include the chemical exposure curriculum that is not provided in the current trainings.


&quot;The group that I&#39;m still concerned about is the booming and skimming workers,&quot; Hughes said. &quot;There&#39;s an effort under way to increase the training of those workers that&#39;s being discussed at the highest level.&quot;


On Wednesday, Aubrey Miller, senior medical adviser in Hughes&#39; agency, testified to a House subcommittee that OSHA is &quot;working with BP to develop a new eight-hour curriculum for worker safety and health training,&quot; according to a transcript of his remarks provided by the agency.


Hughes said he had not heard any dates for when this eight-hour training program would start.


As it stands, Hughes said the training goes against the precautionary principle -- the concept that the possibility of harm is enough to warrant action to reduce the risks to public health.


&quot;We thought it was backwards,&quot; he said of the current curriculum, &quot;that it had a reduced amount of protection for workers.&quot;


&nbsp;

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    <title><![CDATA[Good News in Latest Workplace Injury Accident Stats]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
Workplace injury  figures released today (30 June) by the Health and Safety Executive show that 24 manufacturing workers were killed in the year to March 2010.

Workplace fatality  figures are at historical low.&nbsp; The number of manufacturing fatalities is 27% lower than the previous year, when 33 workers died - but HSE is warning that higher injury rates could accompany industry&#39;s recovery from the economic crisis. &quot;As the economy recovers from recession, it&#39;s imperative that the industry makes safety a top priority, as we know from evidence of previous recoveries that it generally sees an increase in the rate and number of workers losing their lives,&quot; says Geoff Cox, HSE&#39;s head of manufacturing.


The rate of fatal injuries  in the sector was 0.9 deaths per 100,000 workers, compared to an average rate of 1.2 per 100,000 for the previous five years.


Manufacturers&#39; organisation EEF is encouraged by the announcement that workplace fatalities are at a historical low. Steve Pointer, head of health and Safety policy, says: &quot;Many directors, managers, employee representatives and health and safety advisors throughout manufacturing deserve credit for their sustained hard work in difficult economic times.


&quot;These figures are welcome but there is no room for complacency. As the industry continues to recover from recession, good, practical management of risk is even more important. We know from experience that accident rates can increase during upturns as businesses bring in new employees and new processes. EEF will continue to work closely with HSE, providing practical support for manufacturers.&quot;


Across all sectors and regions there were 151 workplace deaths in 2009/10, and 178 in 2008/09. 

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    <title><![CDATA[Worker or Boss? Your Perception of workplace Safety Depends on Pay Grade]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[In Las Vegas, Nevada twenty-five months after CityCenter construction workers walked off the job to protest workplace fatalities and safety conditions there, researchers have confirmed what the local paper reported at the time: Crowded work sites, accelerated deadlines and other problems had combined to create an unsafe workplace .

The study was based on surveys completed by thousands of construction workers, foremen, superintendents and executives who worked on the $8.5 billion megaresort that opened in December, and the adjacent Cosmopolitan.


The findings were released Friday by the National Safety Council  and published in its Journal of Safety Research.


The analysis&#39; bottom line: Although superintendents and executives generally felt safety measures at the time were adequate, a lower percentage of workers felt that way.


The lesson for the construction industry is that workers&#39; concerns need to be better addressed, said the researchers, who are affiliated with the union-backed Center for Construction Research and Training, Colorado State University and the Illinois Institute of Technology.


Construction of CityCenter, Trump International, Cosmopolitan, Fontainebleau and Palazzo was marred by the deaths of nine construction workers between the end of 2006 and March 2008, when the Las Vegas Sun began publishing a series of stories on the deaths that won the 2009 Pulitzer Prize for Public Service, the highest award in journalism.


In all, 12 workers would die over 18 months at the Strip job sites, also including Echelon.


Through June 2008, six workers died at City-Center and two at the Cosmopolitan.


The Sun, with stories by reporter Alexandra Berzon, editorials and other content, exposed the high death rate as well as lax enforcement of regulations and a cozy relationship between state regulators and the construction industry. The Sun coverage has been credited with improving safety conditions by, among other things, bringing greater federal oversight to Nevada&#39;s Occupational Safety and Health Administration.


The safety council, which credited the Sun for bringing attention to the issue, said the survey identified several issues at CityCenter in 2008, including the top three:


&bull; &quot;A lack of management action,&quot; referred to by 27.8 percent of those surveyed and referring to a lack of appropriate monitoring, enforcement, or action regarding safety and an emphasis on productivity - the tight work schedule and crowded working conditions - over safety on the part of management.


&bull; The &quot;presence of health hazards,&quot; which covers a variety of health-related issues such as toxic dust, lack of ventilation, issues with the heat, a lack of access to water and reasonably clean restroom facilities. This was mentioned by 13.5 percent of the respondents.


&bull; &quot;Unsafe procedures,&quot; mentioned by 10.2 percent of those surveyed, which primarily focused on actions by fellow employees.


&quot;A substantial number of workers identified a variety of hazards, which could have potential aversive effects on their health,&quot; the study said. &quot;The large number of workers who specifically mentioned problems with ventilation, heat, lack of water, inadequate bathrooms and toxic dust in the air led us to conclude that these health concerns were a pervasive problem on these job sites and not simply the complaints of a few workers,&quot; the study said. &quot;Additionally, many workers mentioned that their work areas were overcrowded, which is consistent with the survey results indicating safety problems due to interferences between different trades on the same site.&quot;


The study noted Hispanics nationwide are more likely than other ethnicities to die or be injured in construction accidents, and said language barriers at CityCenter and Cosmopolitan contributed to safety problems.


&quot;Many workers mentioned the language barriers between English-speaking and Spanish-speaking workers. From reviewing these responses, it became clear to us that this was an issue of great tension and, at times, hostility among the workers, which has not been properly addressed at the job sites. This is also an important issue in the construction industry at large, where ethnic disparities in safety and health outcomes for construction workers have been observed and need to be addressed.&quot;


Saying there are more than 1,000 construction fatalities  annually in the United States, the National Safety Council said the CityCenter/Cosmopolitan study and related research show:


&bull; General contractors need to demonstrate an organizational commitment to safety and &quot;walk the talk.&quot;


&bull; Training on proactive management skills should be conducted for senior and midlevel managers, engaging them more in safety.


&bull; Supervisors should be encouraged to display constructive attitudes, actions, expectations and communications about safety.


&bull; Employees need to be empowered to become actively involved in safety.

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    <title><![CDATA[U.S Lags Behind on Worker Safeguards]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[Carol Smith of the Seattle Times writes about the differences between the prioritization of US worker safety  vs. safety in foreign countries. n Holland, health-care workers can choose to be monitored for exposure, and work areas must be tested for contamination. Germany, Austria and Belgium also have aggressive safety programs regulating chemo agents.

The United Kingdom and France impose strict regulation on veterinary practices handling chemo.


Canadian hospitals do monthly safety inspections, and a major union there is preparing to track nurses&#39; health histories to see if exposures can be linked to disease.


&quot;Contamination is everywhere, even at the best-organized facilities,&quot; said Paul Sessink, a chemist and toxicologist who has performed monitoring in about 300 hospitals around the world. European countries are moving to make worker-safety regulations  stronger, he said, while the U.S. appears almost exclusively focused on patient safety.


In British Columbia, the death of nurse Sally Giles in 1992 resulted in a set of extensive regulations governing everything from the mixing of chemo drugs to delivery and disposal, said Pam Piddocke, health and safety officer for British Columbia Nurses Union, which fought for the regulations.


Giles was an emergency-room nurse who routinely mixed and delivered chemo to patients. She died less than a year after being diagnosed in her 40s with cancer of the bile duct. She and the nurses union believed the cancer was linked to her exposure.


Regulations that emerged from that case require monthly &quot;preventive inspections&quot; to determine workers are following guidelines and equipment is working properly, Piddocke said.


In the U.S., however, neither environmental monitoring nor exposure tracking is mandated. And neither is routinely taking place, said Tom Conner, a research biologist with National Institute for Occupational Safety and Health (NIOSH).


&quot;No one is really following these people to see - are they dying?&quot; Connor said. &quot;No one is following this in a systematic, effective way.&quot;


Yet U.S. studies have shown if testing were done, it likely would indicate most workplaces where chemo is being handled have some degree of contamination.


New research by the U.S. Centers for Disease Control and Prevention (CDC), the largest study of its kind to date, has found continued evidence of contamination and exposure at three major health-care institutions, according to Connor, one of the principal authors of the study.


Once surfaces are exposed to the drugs, they can remain contaminated for months. The study found pharmacies were more often contaminated than oncology-nursing stations.


One of the chemo drugs showed up in the urine of two pharmacists, who were among 70 exposed workers studied at University of Maryland, University of North Carolina and University of Texas.


Results showed that voluntary guidelines in place since 2004 are not enough to protect workers, Connor said. The federal Occupational Safety and Health Administration (OSHA)  has no specific standard for protecting workers in the health-care industry from exposure to toxic drugs.


The agency has issued fewer and fewer regulations since the 1990s, said Janice Camp, a senior lecturer in the Occupational and Environmental Health Sciences Department at University of Washington.


&quot;The health-care industry is notoriously bad for being compliant,&quot; said Camp, the UW lecturer. &quot;You hear the same sort of arguments: &#39;Oh, it&#39;s so expensive, it&#39;s too hard, the workers won&#39;t do it. It&#39;s too hard to put ventilation in pharmacies because buildings were never designed for that.&#39;


&quot;It&#39;s the same stuff we heard from heavy industry years ago.&quot;


U.S. Sen. Patty Murray, chair of Employment and Workplace Safety Subcommittee, said worker-safety law hasn&#39;t been updated since it was passed in the 1970s, hindering the agency&#39;s ability to keep up with new hazards in the workplace


&quot;In fact, far from modernizing OSHA, a slew of restrictions, requirements and administrative burdens, not to mention funding limitations, have been placed on OSHA over the past 40 years,&quot; she said.


The few standards for regulating toxins that have emerged in recent decades have resulted because a rare cancer or disease was linked to a specific group of workers and a single source of exposures. That&#39;s how standards came about for asbestos, which is linked to mesothelioma, and silica, linked to silicosis.


Washington state, which has its own OSHA plan administered by the Department of Labor and Industries, does not do many inspections of health-care workplaces, said John Furman, occupational-nurse consultant for L&amp;I.


To assess whether its approach with health-care institutions was working, L&amp;I did a &quot;programmed inspection&quot; that targeted a large number of health-care employers a few years ago. It found no major compliance problems in the health-care sector, said Furman.


However, in 2006, the agency did investigate a safety complaint brought by an employee of an outpatient oncology clinic in Centralia and issued citations that were disputed in court, records obtained by InvestigateWest indicate.


The clinic corrected venting in a chemo-mixing area and was fined for not having gowns available that protected against liquid aerosols and splashes. The inspections also included a co-owned clinic in Aberdeen.

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    <title><![CDATA[Shootings at Beer Plant Raise Issues of Workplace Safety]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[A truck driver about to lose his job for allegedly stealing beer killed eight men Tuesday and injured two others before killing himself in a shooting rampage at the beer distributorship where he worked, police said.

Omar Thornton, 34, arrived at Hartford Distributors in Manchester, Conn., about 10 miles east of Hartford, on Tuesday morning to meet with company officials and Teamsters union representatives, said John Hollis, legislative affairs representative for the Connecticut Teamsters and a former driver at Hartford Distributors.


Thornton was given an option to 
resign or be fired and agreed to resign, said police Lt. Chris Davis. He
was being escorted from the building &quot;when he pulled out a handgun and 
started shooting at employees,&quot; Davis said.&nbsp; The resulting workplace injuries  were extensive.&nbsp; Eight people died, including the gunman.



Thornton was given an option to resign or be fired and agreed to resign, said police Lt. Chris Davis. He was being escorted from the building &quot;when he pulled out a handgun and started shooting at employees,&quot; Davis said.


This workplace incident  raises the issue for many about how responsible employers are to protect their workers from dangerous employees.&nbsp; It is wise to have a plan in place for dealing with difficult situations involving disgruntled employees, including a chain of communication for workers to follow when they have an idea a fellow worker is unstable, says experts.&nbsp;


 Also a security person is advisable to escort an employee about to be fired on and off the company property .&nbsp; In extreme cases, when the threat warrants it,&nbsp; a pat down of some kind can ensure no weapons are being brought to work.&nbsp; 


But the best defense, says experts, i sa good offense.&nbsp; Good security in place at all times will discourage many violence-prone individuals from trying to make a name for themselves when they get backed into a corner and feel they have nothing to lose.&nbsp; 


&nbsp;

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    <title><![CDATA[$16 Million Fine For Connecticut Power Plant]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[The nation&#39;s top workplace safety agency is imposing $16.6 million in
fines against companies involved in a deadly Connecticut power plant 
blast. 

The U.S. Occupational Safety and Health Administration  says the 
fines stem from 371 alleged safety and workplace violations at Kleen 
Energy Systems, the Middletown power plant that exploded Feb. 7.


The largest proposed fine is $8.3 million against O&amp;G 
Industries, the main contractor at the plant.


The plant exploded  when something ignited natural gas and air 
that had accumulated in tight quarters as workers cleaned pipes. Six 
workers died.


The companies have 15 days to pay or contest the fines.

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    <title><![CDATA[When Violence Hits the Workplace]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[The Wall Street Journal writes today about the latest incidents of workplace violence .

&quot;My executive assistant is opening the mail with a butcher knife.&quot;


Those were the worrisome words that Evan Fray-Witzer, an employment attorney, heard when he took a call from a nervous small-business client several years ago. The story got worse: The client&#39;s assistant, on staff for two decades, had apparently taped a photo to her computer of a man who&#39;d recently murdered seven co-workers.


&quot;When they asked her why, her response was, &#39;He&#39;s my hero,&#39; &quot; says Mr. Fray-Witzer, a partner with Ciampa Fray-Witzer in Boston, who advised his client to take immediate action. &quot;It&#39;s important not to write these concerns off because the potential results can be catastrophic.&quot;


Indeed, just last week, a truck driver  facing possible dismissal from family-owned Hartford Distributors, a beer and wine distributor in Manchester, Conn., fatally shot eight co-workers before apparently killing himself, authorities say.



An employee at Hartford Distributors, a beer and wine distributor in Manchester, Conn., fatally shot eight co-workers in August.


According to the Bureau of Labor Statistics, an average of 497 workplace homicides occurred annually between 2003 and 2008, most (86%) within the private sector. Still, workplace homicides are rare, accounting for just 8% of total fatal work injuries in 2008, the federal agency reports.


Crisis experts say small businesses tend to be more susceptible than large organizations to such tragic events because they typically don&#39;t employ security personnel or invest in disaster-response training. And it&#39;s often tougher for small companies to resume normal operations.


&quot;Within a year, most of the employees will leave [because] they&#39;re so traumatized and so scared, they&#39;re just afraid to go back to work at that particular facility,&quot; says Bo Mitchell, president of 911 Consulting LLC in Wilton, Conn., which helps companies with disaster recovery. &quot;Replacing them is a terrible expense.&quot;


Business owners could also face legal damages if they&#39;re sued for negligence by victims&#39; families, says Andria Lure Ryan, a partner in Atlanta with Fisher &amp; Phillips LLP, an employment law firm. She advises clients to enforce a zero-tolerance policy for violence and threats, terminating or disciplining any employee  who crosses the line. A strict approach sets the tone for a safe workplace, she says.


Catalysts that trigger incidents of workplace violence vary greatly and employees are not always involved. But when a staff member is to blame, the person&#39;s behavior is often in reaction to disciplinary action or a termination.


Greg Szymanski, human-resources director at Geonerco Management Inc., a real-estate developer in Seattle, says workers have thrown office supplies at him after being dismissed. Others have attempted to take company property or refused to leave the building.


Laying off workers requires balancing firmness with compassion, Mr. Szymanski says. &quot;You have an obligation to conduct yourself in a certain manner so that you&#39;re not a jerk,&quot; he says. &quot;But you&#39;re also responsible to employees who are still there and their safety.&quot;


Some business owners say occasionally it&#39;s necessary to terminate an employee whose behavior in the workplace signals that he or she could potentially erupt in violence.


Richard W. Hayman, the former owner of a small retail business, says he did this when staffers complained that a colleague&#39;s bizarre manner made them uncomfortable. &quot;He was giving people the creeps,&quot; recalls Mr. Hayman, now president of Just Moulding Franchising LLC, a trim-carpentry company in Gaithersburg, Md. &quot;He was bringing his personal problems into the workplace.&quot;


To avoid problems, Mr. Hayman says he fired the man by telling him he&#39;d outgrown his position and that it was time to move on. He also handed the person a $1,000 severance check to lessen the blow. As a result, the sacked employee &quot;felt respected and appreciated even though he was leaving,&quot; says Mr. Hayman.
Tips for Safeguarding the Workplace


    * Establish and strictly enforce a zero-tolerance policy for violent behavior or threats, including seemingly empty threats.
    * Create an emergency-action plan, as is required by federal law for employers of all sizes. An employer with 10 or fewer employees may communicate the plan orally to employees, while larger firms must put it in writing.
    * Keep a written record of any disciplinary action and have the employee sign it.
    * Devise a termination strategy that doesn&#39;t discriminate; follow the same protocol when firing both executives and laborers.
    * Conduct dismissals in a private setting and enlist a senior company leader to serve as a witness.
    * Upon terminating an employee, immediately disable his or her access to the company&#39;s computer systems and confiscate keys.
    * If the demeanor or behavior of a person being dismissed is questionable, consider calling law enforcement for support. 


-Wall Street Journal reporting


Taking the opposite approach during a firing, such as by showing contempt, can fuel a violent outburst, warns Joseph Grenny, co-author of &quot;Crucial Conversations.&quot; &quot;You need to increase the likelihood they will walk out feeling they were dealt with somewhat justly and somewhat compassionately,&quot; he says.


Mike Mothner, founder of Wpromote Inc., a small Web-marketing firm in Los Angeles, says he asks himself two questions before firing someone whose behavior seems to indicate a potential security threat: &quot;If this person came to me and said, &#39;I&#39;m going to leave,&#39; would I be secretly relieved or upset?&quot; The other: &quot;If I went back in time, would I hire this person again?&quot;


&quot;If you can&#39;t positively answer yes to both,&quot; says Mr. Mothner, &quot;then that&#39;s really telling.&quot;


Mr. Fray-Witzer, the attorney whose advice was sought by the small-business client with the knife-bearing assistant, says sometimes a firing can be avoided. In this particular case, the client firm gave the problem employee the option to undergo mental-health counseling or be dismissed. The employee accepted the counseling and has behaved appropriately ever since, he says.


&quot;There was little question that the company could have terminated her employment if they chose to,&quot; he says. &quot;It really was sort of a unique solution.&quot; 

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    <title><![CDATA[On Labor Day: Remember Workers Safety]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[This Labor Day, America is facing a dizzying array of problems, none more acute than the twin crises of how poorly we treat our workers .&nbsp; In case anyone forgot, let&#39;s remember some of this year&#39;s grisly headlines:

    * &quot;Massey Accident, Worst Since 1970, Claims 29 Miners&quot;


    * &quot;Families bid farewell to 11 men killed in Gulf rig explosion&quot;


    * &quot;5 workers killed in explosion at Middleton, Conn., power plant&quot;



While the environmental and labor disasters  at Massey Energy&#39;s Upper Big Branch Mine, the BP oil rig, and the Kleen Energy natural gas plant have topped the news, the everyday struggles of working people have continued unabated.


Struggles such as the construction worker forced to work more hours for less pay, building outdated structural designs in dangerous conditions.  Or the tomato picker breaking her back in a hot, pesticide-soaked field, gathering vegetables destined for a supermarket shelf. Or the factory worker forced into an ever-faster production line that spits out toxic byproducts, putting his health and safety at risk with little or no health care benefits.


These conditions are the reality faced by millions of America&#39;s workers. But we do not have to accept them as the cost of doing business in this country. There is a better way.


Years ago, labor and environmental advocates realized that in order to preserve our environment and create jobs in America, investing in a clean energy economy was critical. Today, green jobs are growing, and America&#39;s workers must benefit from the full potential and promise of the green economy.


There are a select number of forward-thinking employers already paving the way toward a green economy. They are collaborating with their employees as equal partners, respecting their decision to join unions, and creating good, green, union jobs -- where workers receive family-sustaining wages, fair benefits, safe workplaces, and retirement security.


Green builders such as Oregon-based Gerding Edlen Development are paving the way. Having led the first LEED-Platinum certified renovation of a building on the National Register of Historic Places, Gerding Edlen sees its highly-trained, union workforce as key to its success. As CEO Mark Edlen says, &quot;Union workers bring the skill set, creativity, and workplace safety the company needs to execute such complex projects: that&#39;s why Gerding Edlen uses union labor.&quot; Not surprisingly, the firm has topped the Oregon Business Journal&#39;s annual list of the best green companies to work for two straight years, and has been voted one of Oregon&#39;s most admired companies at least four years in a row.


In the agriculture industry, Eurofresh is transforming vegetable production through its sustainable growing practices. Food safety is a top priority at the Arizona-based company, which credits the union-led orientation and training programs for raising production standards. All of its produce is greenhouse-grown, reducing land and water use, and is certified pesticide residue-free -- protecting the health of consumers, workers, and the environment.


Perhaps most exciting of all, the new clean energy economy is bringing good manufacturing jobs back to the United States. United Streetcar, a subsidiary of Oregon Iron Works, is building the first American-made modern electric streetcars in almost 60 years. And the company is doing more than easing congestion and reducing pollution through its streetcars through good, green jobs in Oregon -- its dedication to using U.S. suppliers is reigniting an entire industry. United Streetcar today produces the first modern streetcars to comply with &quot;Buy America&quot; provisions: 70 percent of its trams&#39; components are domestically produced, and the company is striving to use entirely U.S.-made components. As a result, orders with United Streetcar create or save jobs at vendors across America, from manufacturers of fiberglass and flooring to seats and wheel sets.


This Labor Day, as the country reels from one labor and environmental disaster after another, the United States needs the leadership of pioneering employers like these -- visionaries who recognize that in the 21st century, respect for workers, respect for the planet, and respect for the bottom line are, in fact, one and the same.


Kimberly Freeman Brown is Executive Director of American Rights at Work Education Fund.
This article was published originally in The Hill&#39;s Congress Blog.

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    <title><![CDATA[Danger: Tired Doctors on Duty]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
L.M. Sixel writes a piece for the Houston Chronicle today that paints a frightening picture of how dangerous our nations&#39; hospitals really are. 


Eighty-hour workweeks, 16-hour shifts and five days off a month may sound like a sweat shop to most of us.


But for many medical residents who toil long hours at hospitals around the nation, those working conditions would be a real improvement over what they&#39;ve got now.


Last week several groups, including Public Citizen and the American Medical Student Association, along with leading medical researchers, petitioned the Occupational Safety and Health Administration  to step in and limit the number of hours that physicians-in-training can work. They contend that shorter hours will protect patients as well as the doctors&#39; own health and safety.


Resident physicians should have work limits to reduce mistakes caused by fatigue, just as the federal government restricts the time spent working for employees  in aviation, railroad, maritime and highway transportation jobs, according to the advocates.


The groups want OSHA to require that hospitals record and retain the work schedules of residents and fellows and that the agency conduct surprise inspections, establish confidential whistle-blower procedures and levy fines for violations.


Responsibility for regulating and enforcing work hours for resident physicians now falls to the Chicago-based Accreditation Council for Graduate Medical Education.



OSHA promised a review of the petition.


&quot;We are very concerned about medical residents working extremely long hours, and we know of evidence linking sleep deprivation with an increased risk of needle sticks, puncture wounds, lacerations, medical errors and motor vehicle accidents,&quot; according to a statement issued by David Michaels, the assistant secretary of labor for OSHA.


Fatigue poses a risk for other types of workers as well. The U.S. Chemical Safety Board identified long work hours as a likely contributing factor to the explosion and fire that killed 15 workers at BP&#39;s Texas City oil refinery in 2005.


Employers have a legal responsibility to recognize and prevent workplace hazards, Michaels said.


&quot;Hospitals and medical training programs are not exempt from ensuring that their employees&#39; health and safety are protected,&quot; he said.
Risks of exhaustion


Khashayar Hematpour is pleased the issue is receiving attention.


Hematpour, who is at the University of Texas Medical Branch in Galveston in his sixth year of post-medical-school, on-the-job training, said he remembers four or five times when he was on &quot;post call&quot; - the shift after working an overnight call rotation - when he was so tired that he stuck himself accidentally with a patient&#39;s used needle.


&quot;Ask any resident,&quot; said Hematpour, who said that he&#39;s obsessively careful now no matter how tired he is. &quot;We all do it.&quot;


There have also been times when Hematpour, a fellow in cardiology, fought sleep on his drive home after he&#39;d been up for long shifts. The long work hours, he noted, were not out of the ordinary, nor were they considered excessive under the council&#39;s regulations.


And cardiology residents have it better than other specialties such as surgery, said Hematpour, who estimates that as he gets closer to finishing, he &quot;only&quot; works 60 to 65 hours a week.


In 2002, OSHA rejected another petition requesting it to regulate resident duty hours, saying the Accreditation Council was best equipped for the task.



Earlier this summer the council proposed new standards that, if approved by its board later this month, would limit first-year residents to no more than 16 consecutive hours on duty while more experienced residents would be limited to 24 consecutive hours of duty plus four hours for paperwork and transfer of patient care to the next shift.


Currently, all residents can be assigned to work up to 24 consecutive hours with an extra six hours to transfer patient care and finish paperwork, said the council&#39;s manager of communications, Julie Jacob.


The new standards were designed to ensure patient safety and a quality learning environment, according to the council&#39;s statement.


The Methodist Hospital complies with the duty hour standards set by the council and, in many cases, its residents work fewer hours, spokeswoman Stefanie Asin said. Methodist can monitor residents&#39; hours, she said, because they use electronic badges to enter and exit.


lm.sixel@chron.com


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    <title><![CDATA[Hazmat Transporters Banned From Texting While Driving]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[



In kicking off the 2010 national Distracted Driving Summit this 
morning, DOT announced new rulemaking to prohibit commercial truck 
drivers from texting while transporting hazardous materials. Rules 
banning commercial bus and truck drivers from texting on the job and 
restricting train operators from using cell phones and other electronic 
devices while in the driver&rsquo;s seat are also now in effect.


DOT has also been working with the Network of Employers for Traffic 
Safety (NETS) to engage the private sector to promote 
anti-distracted-driving policies in the workplace . NETS, which was 
created by the National Highway Traffic Safety Administration (NHTSA), 
is an employer-led public private partnership dedicated to improving the
safety and health of employees  by preventing traffic crashes.

 

Last year, nearly 5,500 people died and half a million were injured 
in crashes involving a distracted driver. According to NHTSA research, 
distraction-related fatalities represented 16 percent of overall traffic
fatalities in 2009.



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    <title><![CDATA[Husband's Death Leads to Lawsuit]]></title>
    <pubDate></pubDate>
    <link>http://www.ammonslaw.com/about-our-firm/blog</link>
    <description><![CDATA[
According to the Gienna Herald of Ultimate Baytown , a woman is suing after her husband died on the job.



Margaret Wylie, on behalf of Ronald Wylies estate, filed suit in Harris
County District Court on Nov. 2, stating that Targa Resources failed to
provide a safe working environment resulting in the death of Ronald 
Wylie.



In the suit, Wylie alleges Targa&#39;s negligence caused the wrongful death
of her husband.&nbsp; According to the brief, while Ronald Wylie was working
at Targa Midstream of Texas, on Texas State Highway 146, a piston shaft
exploded, fatally striking him.



It was the responsibility of Targa, Wylie says, to maintain a safe work
environment  for its employees.



Wylie is being represented by Houston attorney Robert Ammons.&nbsp; She is 
seeking damages in accordance with the evidence, attorney&#39;s fees, and 
court costs. &nbsp;

Harris County District Court Case No. 2010-72529.





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