Product Liability

Published on: June 11, 2012

Family of Six Dies In Lake Worth Plane Crash

A Kansas family of six died last week when their plane crashed in a remote area of Lake Wales, Florida. According to authorities, the single-turboprop, fixed wing plane “began to break apart and crashed into a remote, palmetto-covered stretch” of land. Rescuers found parts of the malfunctioning plane as far as four miles from the crash site. Investigators have not yet determined the cause of the crash and it remains under investigation, but an investigator for the National Transportation Safety Board stated that certain parts were found “structurally separated.”

The land is not easily accessible, requiring the use of all terrain vehicles and helicopters to locate the bodies. The bodies of Ronald Bramlage, 45; his wife, Rebecca Bramlage, 43; and their children, Brandon, 15; Boston, 13; Beau, 11; and Roxanne, 8 were all recovered by rescuers on Friday afternoon. “‘We can tell you that none are now unaccounted for,’ Polk County Sheriff Grady Judd said. ‘It’s just a tragic event of monumental proportion, but we’re pleased that we’re at least reuniting the entire family.'”

The family was retuning from a trip to the Bahamas and landed in the St. Lucie County Airport to clear customs. Ronald was piloting the 2006 Pilatus Pc-12/47 plane. Thirty-six minutes after departing the St. Lucie County Airport for their final destination of Junction City, Kansas, the first 911 call in from the aircraft. Shortly after, the plane crashed, killing all of its passengers. The prominent Kansas family was well known for their charitable endeavors as well as “always having a house full of neighborhood kids.

Kansas family dies in Florida plane crash, www.CNN.com June 09, 2012.

Published on: April 9, 2012

Spontaneous Fires In Chevrolet Cruze and Jeep Wrangler Investigated

by Friedland | Carmona

A federal investigation has been opened following complaints of fires erupting in the Chevrolet Cruze car. There have been two reports that General Motor’s best selling car has spontaneously caught fire while being driven. GM is looking into 19 warranty claims that involve fires in the Cruze. The Cruze is one of GM’s top selling models, with over 230,000 cars sold last year, outselling the Honda Civic, the Ford Focus and the Toyota Corolla. In one instance, a driver of a 2011 Cruze Eco smelled smoke and stopped the car. Suddenly, “a flame appeared under the hood and the car was completely engulfed in five minutes.” The warning light on the dashboard only clicked on after the flames had appeared. In another case, a driver was waiting at an intersection when another driver shouted that the car was on fire. Similar to the other fire, the car was almost instantly engulfed as well.

The investigation of the Cruze comes only two months after the National Highway Traffic Safety Administration closed a similar investigation relating to fires in the Chevrolet Volt. GM added “structural reinforcement better protects the Volt’s battery pack from puncture or a coolant leak in a severe side crash” to the vehicle to prevent the spontaneous fires.

An investigation looking into the Jeep Wrangler sport-utility vehicle has also been opened after the National Highway Traffic Safety Administration received eight complaints of engine fires in the 2010 Jeep Wrangler. Seven of the complaints stated that the fires erupted as the SUV was being driven.

Fires in Chevrolet Cruzes, Jeep Wranglers spark probe by feds, www.sun-sentinel.com April 1, 2012.

Published on: November 28, 2011

Toys Recalled As The Holidays Approach

by Friedland | Carmona

If you’ve thought about purchasing your child the new Sesame Street Oscar the Grouch doll, think again. The United States Public Interest Research Group concluded that the cheap, $6.99 toy has a small hat that poses a choking hazard to children. The report looked into a number of toys already on store shelves for the holiday season and found about a dozen toys that violate federal safety regulations.

Toys of major concern include a plastic book for babies and a hand-held “whirly wheel,” both of which contain a high amount of lead. The Group also noted that some toys are too loud for younger children and can lead to hearing damage, including an Elmo talking cell-phone. The Group also concluded that a plastic mini-crossbow that shoots little balls could be a choking hazard for young children.

While the number of toy recalls has been declining in the past few years, with only 34 recalls in 2011, as opposed to 46 recalls in 2010 and 172 recalls in 2008, it is still important to protect your children from potential hazards. The Group reviewed around 200 toys for this year’s report. The results of the study can be found at http://www.uspirg.org/edfund/toysafety-2011.

Toy-safety report finds some holiday dangers, www.miamiherald.com November 22, 2011.

Published on: June 27, 2011

Fort Lauderdale Family Files Wrongful Death Suit Against Toyota

by Friedland | Carmona

The family of a Fort Lauderdale woman who died of carbon monoxide poisoning has filed a wrongful death suit against Toyota. Twenty-nine-year old Chasity Glisson was found dead and her boyfriend Timothy Maddock was found nearly dead in Glisson’s Boca Raton home with her keyless Lexus still running in the garage.

Keyless ignitions, which allow drivers to start their cars by simply pushing a button, have been blamed for several deaths nationwide. Toyota has other wrongful death claims filed against them for deaths similar to Glisson’s. A similar suit was filed in November 2010 after a seventy-nine-year old lawyer was found dead of carbon monoxide poisoning in his Queens home, with his Lexus still running in the garage. Glisson’s family has also sued the townhouse community over its ventilation system. In regards to the accident, the family attorney stated, “We believe there should be some type of safety features that prevent something like this from happening. There may be personal responsibility here for people, but that responsibility shouldn’t result in someone’s death.”

Toyota sued over carbon monoxide death, www.upi.com June 15, 2011

Published on: June 13, 2011

Over One Million Pool Drains Recalled For Drowning Risk

by Friedland | Carmona

The Consumer Product Safety Commission has made a major recall that can affect thousands of people in the South Florida community. The Commission has recalled over one million pool and hot tub covers. The covers, which sit at the bottoms of pools and hot tubs, have been recalled amid concerns that the drains had not been properly tested.

Because the drains were not properly tested, they pose both a drowning and entrapment risk to swimmers. Drains are expected to have a grate across the top, but in an effort to prevent entrapment, may grates are raised a little bit. The purpose of the raised gate is to draw water from all sides and the top of the pool or hot tub, which makes it more difficult for the body to cover the entire drain, thus making it more difficult for a swimmer to become stuck. It is unknown whether the recalled drains have the raised grates. Additionally, a number of recalled drains contained improper safety ratings.

Pool drains have over 500 pounds of vacuum force that can hold swimmers underwater until they drown. These drains are especially dangerous to children. The models that have been recalled by the Commission include A&A Aquastar, Color Match, Custom Model Products, Rising dragon, and Waterway. The Commission recommends homeowners and pool operators contact the maker of the drain cover to see if any further action is needed.

Risk of drowning prompts massive drain cover recall, www.abc.com May 28, 2011

Published on: May 23, 2011

Family Of Dead and Injured Broward Teens Seeking Millions From Yamaha

by Friedland | Carmona

Two teens that spent their Easter Sunday collecting eggs on Dr. Eugune’s Holly’s waterfront property are now dead. The teens, who falsely assured Holly they knew how to operate his Yahama Waverunner, collided with a boat less than five minutes after leaving Holly’s property. The teens, 14-year old Jaysell Perez and 15-year old Samantha Archer, were first crushed when they collided with the boat and then “sliced up in the instant following the impact.”

According to their attorney, the girls turned the Waverunner in front of boat because they couldn’t steer the machine. Archer took her hand off of the throttle to slow down for a turn and didn’t realize that once the throttle was released, she wouldn’t be able to steer. Instead of turning, the Waverunner went straight through the water and collided with the boat. According to warnings contained in Yahama’s 1986-2000 owner’s manuals, beginners often release the throttle when headed toward an “obstacle” and the manuals stated, “Don’t forget to accelerate.” However, the warning was removed from the 2001 owner’s manual. The girls were riding a 2001 Waverunner.

Perez died as a result of the accident and Archer sustained severe injures. Archer suffered a traumatic brain injury and also now suffers from a number of physical problems. The parents of the girls filed suits against Yahama claiming that the manufacturer ignored years of warnings about flaws in the steering system. Yahama finally fixed the steering problem in its 2003 Waverunners. Archer’s family is seeking nearly $7 million for her past and future medical expenses, while Perez’s parents are seeking millions for their pain and suffering. Perez and Archer, who are being represented by the same attorney, are also asking the jury to find that Yamaha showed a “reckless indifference to human life,” allowing them to recover several more millions in punitive damages. In his opening statement, Yahama’s attorney stated, “Sadly and regrettably, an underage, unlicensed, untrained and inexperienced young girl was out in an environment, a very congested waterway. That’s why the accident happened.” The trial is expected to continue over the next week.

Millions at stake in Palm Beach trial against Yamaha over teen’s death in 2005, www.sun-sentinel.com May 7, 2011.

Published on: May 16, 2011

GM Recalls Over 150,000 Chevrolet Cruze Cars

by Friedland | Carmona

On May 4, 2011, General Motors Co. recalled 154,112 of its popular Chevrolet Cruze cars in the United States and Canada amid claims that the steering shift was not properly installed. GM stated that more than 120,000 of the recalled cars would also be inspected to “ensure the transmission shift linkage was properly installed.” GM’s Vice President of Global Quality stated that “very few” of the vehicles will have either of the problems and GM’s new quality process changes will ensure that the errors do not reoccur.

The issue with the wider steering shaft in the Cruze was discovered when a customer lost control in a parking lot and the Cruze’s automatic transmission issue was discovered when customers brought their cars in to be fixed under the warranty. There have been no reports of accidents or injuries resulting from the Cruze recall. Regarding the recall, “Nothing’s exploding. No one’s in danger,” Aaron Bragman, an analyst with IHS automotive, stated.

The recalled cars were manufactured in GM’s Lordstown, Ohio plant between the 2010 summer and April 21. The Ohio plant completed changes on April 21 that prevent the issue from reoccurring, including use of different tools and a change in procedure. This recall comes one month after 2,100 Cruze cars were recalled for an improperly fastened steering wheel.

GM recalls 2011 Cruze cars to inspect steering shaft, www.sun-sentinel.com May 5, 2011.

Published on: January 13, 2011

Parkland Doctor Killed By Neck Massager

by Friedland | Carmona

neck massager.jpg It was Christmas Eve and Dr. Michelle Ferrari-Gegerson had just finished a long evening of wrapping gifts in her Parkland home. Dr. Ferrari-Gegerson decided to relax and use her electronic massager to relieve her neck pain. Later that night her husband, Dr. Kenneth Gegerson discovered his wife unconscious and motionless lying on the ground where this Broward County accident occurred. Police investigators believe that the result of this Parkland accident was due to herneck massager getting tangled in Dr. Ferrari-Gegerson’s necklace and strangled her.

Dr. Michelle Ferrari-Gegerson worked as a radiologist in the emergency room of Jackson Memorial Hospital in Miami, Fl and was the mother of a 1 year-old. She was well respected and liked by her co-workers. “Last week she was here and she brought baked goods for various employees,” said Barbara Perez Deppman, director of radiology at Jackson Memorial Hospital. “That’s what type of person she was. Out of the blue, she would just give people food vouchers and take them out to lunch.”

Unfortunately, Dr. Ferrari-Gegerson’s accident is just one of many product liability cases that have occurred recently. In December 2008 the Matoba Electric Manufacturing Company recalled an electric foot massager after three cases where women died after accidentally strangling themselves while using the machine as a foot massager. In addition, the U.S. Consumer Product Safety Commission has recalled three other types of electronic massagers since 1996.

Doctor Killed by Neck Massager, www.miamiherald.com, December 29, 2010.