Friday, March 20, 2015

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 O Sa Mire 52

 CADILLAC WHIRLS OUT OF CONTROL & GM SUED OCTOBER 27, 2014, BY SHEFF LAW car crash.jpgClanton Fleetwood, a Cadillac owner from Tyler, Texas, was driving his 2006 Cadillac SRX at an intersection in Smith County, Fleetwood on November 20, 2013 when he lost control of his Cadillac and continued through the intersection and ended up in a ditch on the side of the road. He said that, “for unknown reasons [I] lost control of the vehicle.” Mr. Fleetwood said that he was sitting in his seat correctly and had his seat belt on securely, but he “suffered serious injuries when his vehicle failed to protect him.” Mr. Fleetwood claims that General Motors LLC is responsible for his accident and the injuries he received. He filed suit against GM on September 2, 2014 in the Tyler Division of the Eastern District in Texas. He claims that GM is negligent for allegedly manufacturing a vehicle with multiple defects, such as an insufficient lower spine protection and defective seat belt restraints. Mr. Fleetwood has claimed more than $75,000 in damages for impairment and disfigurement, extreme emotional distress, mental anguish, and pain and suffering. If you have been injured due to the negligence of others, please call one of our experienced attorneys at Sheff Law Offices, P.C. at (617) 227-7000. Permalink | Email This Post | Comments (0) Posted In: Car Accidents, Product Liability FERRY CRASHES INTO SAN FRANCISCO PIER OCTOBER 20, 2014, BY SHEFF LAW ferry.jpgOn Sunday, October 12, 2014, just before 6 p.m., the ferry boat Peralta crashed into a piling at Pier 41 in San Francisco, California. The ferry was carrying 230 passengers and heading to Oakland, California. Many of the passengers said they felt a strong jolt when the ferry hit the pylon. Many of the passengers were knocked off their feet and fell. One of the passengers, Darryl Pham, said, “I kind of saw it coming. A lot of people didn’t, and it just hit the pylon and I saw kids flying and it was pretty bad.” The injured passengers had mild to moderate injuries, mostly by hurting their necks and backs. The Coast Guard is investing and said there were no mechanical issues with the ferry, so it’s unclear why the boat backed into a fixed object. The Coast Guard had the crew tested for drugs and alcohol. Since there were no mechanical problems with the ferry, the Peralta has gone back into regular service. Continue reading “FERRY CRASHES INTO SAN FRANCISCO PIER” » Permalink | Email This Post | Comments (0) Posted In: Negligence, Transportation Accidents $300,000 AWARDED AFTER CROSSFIT INJURY OCTOBER 16, 2014, BY SHEFF LAW 4 crossfit.jpgFormer Navy information systems technician first class and All Navy wrestler, Makimbo Mimms, was awarded $300,000 in a suit against a gym offering CrossFit classes. The gym breached their duty of care to monitor participants during the workout resulting in serious and permanent injury. During the CrossFit workout, Mimms quadriceps were repeatedly taxed without rest caused him to urinate blood and his legs to swell, he said. He was hospitalized for a week and diagnosed with Rhabdomyolysis, the breakdown of muscle fibers that releases muscle fiber (myoglobin) into the bloodstream and often causes kidney damage and sometimes death. Mimms was permanently effected by his injuries, his ability to stand for long periods, run and play sports is now limited. He said he was never told to rest, stop for water or slow down. The attorney for the gym said the case is all about “personal accountability. Did he stop? No. He made a conscious decision to keep going.” While participants of any fitness program should be aware of their abilities and limitations, they are depending on the expertise of the coaches to guide them safely through the workout. A gym has a duty of care to their participants and cannot disregard safety regulation and then deny accountability for resulting injuries. The CrossFit model has come under fire for purportedly embracing the idea of pushing yourself to the point of injury. In a 2005 article in CrossFit Journal (which is not peer reviewed) CEO Greg Glassman explained that rhabdomyolysis is just evidence of the workout’s “potency”. At the time five CrossFitters had been hospitalized as a result. Glassman concluded that the victims were exposed to “too much work in too short a time.” In his view, however, this was a good thing: evidence of “the utter and complete absence of challengers to CrossFit workout performances.” There is plenty of disagreement however and safety concerns continue to be voiced. Capt. Jonathan Picker, commander of the Navy’s Center for Personal and Professional Development, warned the Navy’s top leadership in a recent e-mail, “Granted, anyone can develop a program that’s very intense, but there’s a safer way of doing this for our sailors.” Continue reading “$300,000 AWARDED AFTER CROSSFIT INJURY” » Permalink | Email This Post | Comments (0) Posted In: Negligence, Premises Liability BOUNCY HOUSE OF TERROR OCTOBER 16, 2014, BY SHEFF LAW Bouncy House.jpgTwo young boys in Nashua, New Hampshire were rushed to the hospital after the bouncy house they were playing in blew away. They were in playing in the bouncy house at Sullivan Farm when it became airborne and blew over a fence, coming to a rest 50 feet from where it had been setup. The owner of the bouncy house, Gary Bergeron, says he purchased the inflatable a day or two ago and that it was not ready to be used. He says it was only setup for cleaning and doesn’t know how the boys were able to climb in it. “It was missing spikes to go into the ground and it only had three tethers on it and it’s supposed to have four,” he said. “This was meant to be a fundraiser to help the Boy’s Club and the Salvation Army and it was just something I was just trying to help out special with.” The two year old boy was badly injured and airlifted to Tufts Medical in Boston. He was in critical condition at the hospital but he is expected to survive his injuries. The three year old boy was taken to St. Joseph’s Hospital in Nashua. Investigators continue to look into how the incident happened. “The investigation will go deeper into what really happened and how the bouncy house ended up from point A to point B,” Assistant Fire Chief Steve Palipeau said. Continue reading “BOUNCY HOUSE OF TERROR” » Permalink | Email This Post | Comments (0) Posted In: Premises Liability, Product Liability 2 INJURED AT HERB CHAMBERS BMW OF BOSTON OCTOBER 13, 2014, BY SHEFF LAW Ventilation.jpgOn October 7, 2014 at approximately 10:30 a.m., a ventilation duct collapsed in a garage at Herb Chambers BMW of Boston at 1168 Commonwealth Avenue in Brighton. The Boston Police, the Boston Fire Department, and the United States Occupational Safety and Health Administration arrived on the scene to survey the situation. The Boston Police reported that the ventilation system collapse, which was installed around 20 years ago, caused two injuries and damage to several cars in the garage. The air conditioning duct, which measures 80 to 100 feet long and made of thin metal, fell during a busy work day. The two people that were injured were an outside vender, who was taken to the hospital for minor injuries, and an employee, who was taken to the hospital as a precaution. The Herb Chambers BMW of Boston general manager, Melissa Steffy, said it was lucky that more people were not hurt by the duct. She said, “We are so lucky because the way the air conditioning was designed, it goes right through the middle of the shop, and the technicians work on the side. If you’re going to have good luck with an accident, that is good luck with an accident.”

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