Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

On June 2, 2008, after many years of prodding by consumer advocacy groups and attorneys, the National Highway Traffic Safety Administration (NHTSA) issued a consumer advisory concerning aging tires. This follows numerous lawsuits involving Explorer/Firestone rollovers, which made the public aware of the potential dangers of tire aging. Additional industry documents and studies have made clear that tires more than six years old are hazardous to drivers, and can result in tread separations, crashes and rollovers.

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As we have been reporting, according to the Associated Press, on October 20, 2008, 1.6 million cribs were recalled after the death of two eight-month-old infants. The infants became stuck in the gaps of the cribs, resulting in them both suffocating.  In Delta Enterprise Cribs, if safety pegs are not installed or fail to engage, the drop-side separates, resulting in a gap in which babies can get stuck.

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Following on the heels of an announcement this week recalling nearly 1 million cribs manufactured by Delta Enterprise Corp., the Consumer Product Safety Commission reports its Early Warning System, created in Fall 2007, is working to warn consumers of concerns with the durability of cribs. The agency says since the Early Warning Sytem was implemented, it has conducted five crib recalls where “hardware was broken, missing or otherwise failed to function.”

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This week, the news of a serious defect in cribs manufactured by Delta Enterprise Corp., of New York, NY, was released by the Consumer Product Safety Commission (CPSC). Today the agency said the voluntary recall will affect 985,000 drop side cribs. The affected cribs are missing safety pegs, which can result in entrapment and suffocation of infants and toddlers when crib locks can disengage and detach, creating a hazardous gap.

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In Australia on October 10, a plane that encountered a mid-air emergency resulted in injuries to 50 passengers. This mid-air emergency could cause Qantas to spend millions of dollars to compensate passengers.

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In Waxahachie, Texas, Ellis County Jury has granted two men $1.5 million dollars in compensation for injuries they received in an 18-wheeler accident two years ago. An 18-wheeler veered in the lane of Ronny Martinez and Kenneth O’Neal. When the 18-wheeler collided with the men’s car, the car rolled several times, causing Martinez to suffer from a fractured vertebra and O’Neal to suffer knee problems, resulting in several reconstruction surgeries.

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In West Amwell, New Jersey, an alumnus of South Hunterdon Regional High School has sued the Board of Education due to an injury the student received two years ago in a game of freeze tag.

On July 10 of this year, Alexandria Nalborne filed a personal injury lawsuit at the Hunterdon County State Superior Court in Flemington according to The Packett. The suit states that Nalborne received “severe bodily injuries” as a game of freeze tag resulted in another student shoving Nalborne into a lawn mower.

The Packett reports Board of Education President, Bob Campell, was aware a student was harmed, but he was unaware of the degree of injuries. The incident has been referred to the New Jersey School Board’s Insurance Group.

Nalborne graduated from South Hunterdon Regional High School last year.

In the UK, a man named Michael Cleary has been refused compensation for an injury he received while trying to keep two students from running around his classroom. His bosses claim that he should not have attempted to impede the students’ misconduct. Cleary’s claim has been challenged because there is belief that he may have violated Health and Safety Rules when he attempted to restrain the children.

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In June, we reported that the U.S. Senate panel reviewing a National Highway Traffic Safety Administration (NHTSA) proposal for increased standards in roof strength had asked the agency to delay its decision, originally scheduled for July 1. The NHTSA agreed to further review of the policy, and set a new date for release on Oct. 1. Yesterday, the agency announced another delay, pushing the decision back to December, according to a report in the Detroit News.

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Shortly after Patricia Howard took a job a contract job with USA Environmental, something just didn’t seem to smell right. The ammunition handler was sent to Iraq with the company in January 2004 to dispose of thousands of tons of explosives. Howard knew the work would be hazardous. She would be working in warehouses where hundreds of tons of ammunition are stored. But what she began to fear most was not the dangerous firepower surrounding her, but the other thing the warehouses contained: pigeon droppings.

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