English Please

Filed under:Blogroll, Controversial, Ethics, News, Opinions — posted by Tom on July 24, 2007 @ 3:34 pm

Authorities say a driver’s lack of comprehension of English seems to have led to a collision between a train and a semi-truck in Kings Mountain, NC. The truck driver Ricardo Ercia was crossing multiple train lines within the muncipality, when he didn’t understand a traffic sign directing drivers to go through a second train crossing. There were no serious injuries.

The Federal Motor Carrier Safety Regulations mandates that drivers be able to read and understand the English language.

Using foreigners to drive trucks in the united states is becoming a more and more heated and controversial subject within the industry. Its becoming very apparent that if the trucking industry could hire third worlders to do all the driving to save money, they would definately do so.

lets try keeping americans employed in america, neat concept? i like it!
For the last few years it has become increasingly evident that if the trucking industry could outsource driving jobs to third world countries to save money, it would do so.

Virginia Bird Flu

Filed under:Blogroll, Controversial, Liability, News, Opinions — posted by Tom on July 18, 2007 @ 10:13 pm

Tests performed by labs have confirmed that the turkey’s at the farm in Virginia did have the bird flu, but the evidence showed that the flu is not being passed around, authorities stated.

The turkeys, who caught the virus, did not pose a risk to humans. HOWEVER, as a precautionary measure, all 54,000 turkeys(!!!!!!!!!!) that were living on the farm in Virginia were slaughtered.

naturally, the area surrounding the farm is still being resurveyed over and over to make sure that there is no traced of the virus, but so far all tests have shown nothing.

I think its awful to kill animals, but becuz we consume them, i deal with it. But when 54000 animals are killed becuz a couple were mildly ill… this disturbs me greatly

Hasbro’s Easy Bake Oven

Filed under:Blogroll, Ethics, Injuries, Lawsuits, Liability, Opinions — posted by Tom on July 5, 2007 @ 8:28 pm

Another recall for Hasbro Easy-Bake Oven’s. Little kids can get their hands stuck in the front opening of the oven and it is a burn risk. This recall decision is based on hundreds of reports, including a child getting her finger amputated, and still many have suffered second and third degree burns.

Hasbro issued a callback of the devices earlier this year, but sent out a kit to fix the problem as opposed to a real solution. I will assume this was their choice due to an effort of financial expediency. I question why hasbro didnt do thourough testing initially to determine the safety of a toy that is naturally marketed towards wee ones.

With hundreds of children injured by a product that was irresponsibly tested, i think someone should be held accountable.

1.2 Million Awarded in Wrongful Death

Filed under:Blogroll, Civil Law, Controversial, Lawsuits, Liability, Opinions, Settlements — posted by Tom on June 30, 2007 @ 6:11 pm

A wrongful death claim in the District of Columbia has netted the parents of 2 deceased children 1.2 million dollars. A man killed them via vehicle while fleeing police in 2004.

Police attempted to use undercover deceit to catch a suspected drug dealer, when they botched the sting, the dealer panicked and fled.

DC officials deny responsibility, claiming that they broke off pursuit prior to the incident.

The parents maintain that there was no reason to pursue the suspect, and even state one officer refused to give up the chase when ordered.

The real tragedy is this, those children were struck in a CROSSWALK, in arms reach of their father, the children were thrown 140 feet through the air, and died in their fathers sight! This disturbs me because as a father, my greatest fear is something liek this or, that i will lose my family to a drunken driver. The words to describe this feeling escapes me, but its a terrible and horrrendous thing to ponder.

When the police screwed up the bust and realized they werent getting him they shoudl have left it alone. Period. Be professional or go back to bed. Drugs? Hey drug dealers wouldnt exist if people didnt WANT the drugs. Go stop terrorism or soemthing!

Nailguns

Filed under:Blogroll, Injuries, News, Opinions — posted by Tom on June 24, 2007 @ 6:51 am


U.S Centers for Disease Control and Prevention (CDC) show figures that approximately 37,000 people are injured by nailguns annually. The CDC figures show that since 1990 these injuries have increase significantly(200%)

When they investigated the demographic of the injured, it was discovered wrokers being injured were about the same value, but the layman was getting hurt much much more. We can attribute the number of nailgun injuries by home users to the fact that nowadays this tool is widely availble and affordable for the non professional builder.  During 2001-2005 time period, about 37000 were treated nationwide in the emergency rooms annually, and 40% of those treated were laymen. More needs to be done to make consumers aware of the dangers of nailguns.

Is there a way to increase the safety of this device? A guard or a safety lock akin to that of a firearm perhaps. Could be we need to give it more attention as a society. Whatever the case, I fear that the avergae consumer is careless in its purchase and its use, i cant help but wonder how often alcohol was a factor.

Failed Communication

Filed under:Blogroll, Controversial, Ethics, Opinions — posted by Tom on June 21, 2007 @ 5:17 pm

i think there needs to be a legislation forcing communication between peers on a professional level. So many people have suffered because doctors wont share opinions, data, and other pertinenent information relating to a patients well being.

How would a SWAT team fare if the point man thought “mmm i see the suspect, hes armed, and notices us, but hey! this team is professional and they will obtain their own information in their own way.”

Thats Unthinkable! But so many doctors think , and act in that manner, and their patients suffer and die as simply as that swat team would. Yet, its not being addressed by the medical boards, or any of the regulatory boards governing our doctors and surgeons.

I ask why? of course its rhetorical in the sense that it wont be addressed, but i hope that people see the wisdom in this.

Consider if the anesthesiologist and the surgeon actually communicated prior to a procedure how much less sufferign there would be. What causes this? Arrogance perhaps? Pride maybe?

It would take such small amounts of time, and no cost at all to simply communicate and share facts, and knowledge.

Barbara Connors

Filed under:Civil Law, Controversial, Lawsuits, News, Opinions — posted by Tom on May 30, 2007 @ 3:57 am

Barbara Connors is suing the very city that worked to save her.

In 2005 while a passenger in her son-in-law’s SUV, she became an unfortunate victim in a auto accident when her son-in-law made a mistake and accelerated instead of braked.

The SUV went into the Conneticut river, and she remained submerged.

The towns brave rescuers went into actions getting equipment and divers into place, their heroism saved Barbara Connors.

She is not thankful.

No, instead of gratitude shes suing the city. Barbara Connors suffered brain damage from her 29 minutes underwater. Now shes maintaining that if the very small town had a specialized dive rescue team she would have been rescued sooner and not have brain damage now.

BE THANKFUL LADY! these divers took a risk to save you and life is a gift, not a right.

Robert Clymer

Filed under:Blogroll, Controversial, Ethics, Lawsuits, Liability, News, Opinions, Settlements — posted by Tom on May 17, 2007 @ 4:21 am

Robert Clymer is a veteran FBI agent that plead guilty to a DUI and is now suing the maker of his vehicle because it caught fire after he slipped into unconsciousness behind the wheel.

Mr. Clymer had a blood alcohol of .306% almost 4 times the legal limit, and was out cold when the fire department pulled him from his burning vehicle.

The FBI agent was ticketed for dunk driving, and taken to the hospital.

He plead guilty to the DUI, and recieved a suspended jail term.

2 weeks after that, he filed a liability lawsuit against the truck manufacturer and the dealer who sold it to him.

In the suit, the plaintiff claims he parked on the roadside with the motor runnign to make a call on his cell phone. He then “somehow lost consciousness” and the vehicle “somehow produced a heavy smoke that filled the passenger cab”.

In my opinion this guy is a degenerate and should be arrested again for being a nuscience to a perfectly reputable manufacturer. Hes in the public eye, and as a representative of our national police, the FBI, he needs to seta better example. He screwed up, now take the heat. Your truck isnt the piece of crap sir, you are.

Insurance Companies = Evil

Filed under:Blogroll, Civil Law, Controversial, Ethics, Injuries, Lawsuits, Liability, Opinions, Property Law — posted by Tom on May 11, 2007 @ 7:43 pm

Insurance companies are well hated for a reason. Sentry insurance is suing an 81 year old woman becuz the insurance company had to pay workers comp to a parcel delivery worker becuz that worker fall on some ice located on the the seniors property.

Insurance companies are largely frowned at because of some practices that, while legal, are considered immoral. Things like lying, or making people feel bullied, or denying katrina victims claims. theres been instances where the insurance company has compensated doctors to dispute claims as well.

Sentry Insurance profitted 245.5 million in the year 2005, and is now suing a senior citizen becuz it paid on one workers worker compensation.
Insurance companies want you to pay them, but they want to never process a claim. Oddly, they have lawyers, but they always advise you not to get one… Definately get one!

Personal Assets

Filed under:Blogroll, Civil Law, Ethics, Lawsuits, Opinions — posted by Tom on May 5, 2007 @ 1:08 pm

A wise personal injury attorney doesnt often go after peoples personal assets. Its pretty rare in fact.

For more typical is the case where the client suffers injuries, and the total value of the case is 100 grand, and the dendant has  maybe just 25000 in insurance coverage, this defendant however appears to be well off.

People seem to think that people driving cheap cars, or old cars, have lesser insurance, while people driving middle ranged cars will have a much better insurance policy, and the rich folks driving luxury vehicles will have even more insurance.
So does a lawyer want to work to obtain more than the insurance coverage? They dont often want to.Reasoning: its very difficult. Most times its far more expedient to settle with the insurance company. Its over quickly with next to no incurred costs. Going for assets would mean a lengthy trial, wich means more cost and perhaps a poor judgement.

theres also the bad taste personal injury lawyers already leave with people. Why add to that?


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image: detail of installation by Bronwyn Lace