13 Injured in Manhattan Train Accident

Manhattan, NY - 13 people were injured Wednesday morning in a PATH train accident at the 33rd Street Station near Herald Square in Manhattan.

The 7:59 a.m. train out of Hoboken, NJ arrived at Penn Station about 8:15 a.m. carrying 425 to 450 passengers on the seven-car train. When the train failed to stop, it crashed into a bumping block designed to halt trains that fail to stop at the end of the line and absorb the impact.

The Port Authority of New York and New Jersey operate the PATH train. Jennifer Friedberg, a Port Authority spokesperson, said thirteen people reported minor injuries. Seven people, including two crewmembers, were taken to nearby hospitals and the rest declined medical attention. The fire department stated between 60 and 80 fire personnel responded to the accident scene.

The accident is under investigation. Port Authority officials did not release how fast the train was moving when it crashed into the bumping block or the cause of the accident.

If you or a family member has been hurt while using or suffered injury by a mass transit bus or train, call Napoli Bern Ripka, LLP today at 888-529-4669. There is a possibility of collecting compensation for lost wages, medical expenses, pain and suffering, and present and future disability. Only an experienced attorney can help you determine if your claim has merit and, if so, how much you could recover. Do not discuss your case without having an experienced legal representative to advise you.

Safety Procedures Questioned in Fatal Philly Lift Accident

October 16, 2009

(Philadelphia, PA) - Local authorities and the U.S. Occupational Safety and Health Administration (OSHA) are investigating the cause of a Philadelphia Center City construction accident that killed one man and injured three others.

Masonry Preservation Group employee, Jimmy Wilson, 41, was killed on Monday while performing an inspection for loose masonry on the First Presbyterian Church at 21st and Walnut Streets in downtown Philadelphia. He was harnessed in the basket on a 125 foot extended boom of an aerial lift, which is like a large “cherry picker,” when the wheel of the heavy machinery fell through a fiberglass utility cover on the sidewalk. The lift toppled over, hitting a five-story apartment building and knocking down a streetlight before landing upon an unoccupied van parked in the street.

Wilson was pronounced dead from his injuries at 1:30 p.m. in Hahnemann University Hospital. Witnesses say a woman was wedged under the lift. Debris fell on the sidewalk and cars in the street below. A 70-year-old woman was treated for a broken arm and an elderly couple was treated for minor injuries at the Hospital of the University of Pennsylvania.

Officials are questioning whether safety violations contributed to the accident. State laws regulate tower and mobile cranes, and the city ordinance covers only tower cranes, but neither law deals with the aerial lift platform. Albert D’Imperio, area director of the U.S. Occupational Safety and Health Administration, said OSHA regulates the aerial lift platform under its scaffolding regulations.

OSHA regulations state: An aerial lift truck may not be moved when the boom is elevated in a working position with men in the basket, except for equipment that is specifically designed for this type of operation. Only trained persons shall operate an aerial lift. The brakes shall be set and outriggers, when used, shall be positioned on pads or a solid surface.

Police and witnesses say Wilson moved the lift machine from the boom’s basket controls, causing the wheels to roll onto the utility cover, which gave way under the machines weight. Wilson was an employee of Masonry Preservation Group for more than 20 years, considered a highly trained union journeyman and experienced with high work. It is unclear what specific training Wilson had in aerial lift operation. Brent Schopfel, Wilson’s employer, said he doubted Wilson would violate safety standards by moving the machine and an employee at the site during the accident did not believe it either. Newer lifts have a safety mechanism that prevents them from moving while the arm is extended, but Wilson was operating an older model that did not have that feature, Schopfel said.

Mayor Nutter’s office said yesterday that Masonry Preservation Group lacked two necessary permits - one to close the sidewalk and one to close a lane of traffic on Walnut Street. The company’s workers closed the sidewalk, despite not having a permit to do so. They did not close a lane of traffic, as they should have, the mayor’s office said.

The preliminary 2008 Census of Fatal Occupational Injuries, produced by the US Department of Labor’s Bureau of Labor Statistics, states that once again workers in construction incurred the most fatalities of any industry in the private sector. Nationwide, 680 workers from various industries died resulting from falls on the job in 2008. Final results of the census will be released in April 2010.

These types of construction accidents are not always the fault of the person who is operating the machinery, often they can be attributed to the carelessness of managers or other people who are running the job site. If you have been injured in a construction accident, you may be able to be compensated for your injury or a loved one’s death if you talk to our lawyers. Many factors must be taken into consideration when determining if a worker’s injury or death was the result of negligence, equipment failure or dangerous working conditions. You may be entitled to compensation such as medical expenses, funeral expenses, the lost prospect of receiving an inheritance, and the loss of financial support for the personal injury or wrongful death of a loved one while on the job. At Napoli Bern Ripka LLP, we are experienced in personal injury and wrongful death lawsuits. We know that dealing with the death of a loved one is difficult. Contact us to discuss what you can do to recover for the loss call 888-529-4669 or visit www.NapoliBern.com today.

NJ Woman Killed While Walking Dog at Intersection Deemed Dangerous by Residents

New Jersey - October 8, 2009

Carlyse Kennedy, 55, was walking her dog near the 5-way intersection of Mountain, Ashland, Devon, Plymouth and Pine Grove in Summit when a car hit her. The accident happened about 10 a.m. Monday, September 28. Summit Volunteer First Aid Squad responded to the accident scene and transported Kennedy to Morristown Memorial Hospital, where she died on Wednesday, September 30 a result of her injuries.

The car that hit Kennedy was a 2003 Lincoln Town Car from Royal Executive Limousine Service in Summit. The driver, Kermit Graham of Irvington, was fully cooperative with police. Kennedy carried no identification and police canvassed the neighborhood door to door to identify her. They later learned who she was by researching the dog’s license tags. The accident is under investigation and no charges have been filed. Chief-of-Police Robert Lucid has asked any who witnessed the accident to come forward.

Area residents have long deemed the intersection where Kennedy was struck dangerous. Six years ago, Pat Hurley who lives on Ashland Rd. and some of his neighbors joined to propose alternatives and petition the city to redesign the intersection. The city made only minor modifications at that time. Hurley says, “It was designed for speed.” The residents really wanted the intersection squared off with stop signs at every corner.

Hurley saw county public works employees removing school caution warnings painted on Mountain Avenue last week and was outraged. Summit Police Lt. John Dougherty said, “Union County re-engineered that intersection a little over a year ago. They changed it to a 90-degree angle to slow down cars making a right-hand turn heading east from New Providence.” Dougherty also said the crosswalk was moved to the corner of Ashland Road and Mountain Avenue for greater visibility.

Once again, residents of the area are banding together and asking for a redesign of the intersection. Josh and Corina Borg have written a letter from residents of Plymouth Road and the surrounding neighborhood in response to Kennedy’s death. The letter states, “The residents of Plymouth Road are deeply saddened by today’s tragedy and pray that it will never happen again. We hope that Mayor Glatt and fellow City Council members take special interest in this matter and enact corrective measures quickly to insure a safer environment for Summit residents and their children.”

Pat Hurley and area residents addressed the Common Council Meeting at Summit City Hall on Tuesday, October 6. They demanded the Summit City Council and Chief Lucid to make the area safer to prevent future tragedies. “This intersection is dangerous and deadly and we want action now,” Hurley said.

If you, or a family member, have been the victim of a pedestrian vs. motor vehicle accident, contact us today to discuss your case and find out the best course of action to take to ensure that you get the compensation you deserve. The attorneys at Napoli Bern Ripka LLP are experienced in handling motor vehicle accident and wrongful death cases and can help you negotiate with the insurance carrier or help you to arrange specialized medical care or compensation for your loss. Call 1-888-529-4669 or visit www.napolibern.com.

Sources:
http://summit.patch.com/articles/neighors-express-concern-over-site-of-kennedy-accident
http://www.thealternativepress.com/article.asp?news=6613
http://www.nj.com/independentpress/index.ssf/2009/10/fatal_accident_on_mountain_ave.html
http://www.thealternativepress.com/article.asp?news=6895&Fatal-Accident-on-Mountain-Avenue-in-Summit-that-Claimed-the-Life-of-Carlyse-Kennedy-Arouses-Neighbors-to-Demand-Action-at-Summit-City-Council-Meeting

Deaths Prompt Recall of 3.8 Million Vehicles

September 30, 2009

California Highway Patrol Officer Mark Saylor, 45, and three members of his family died when their runaway 2009 Lexus ES350, traveling at more than 120 miles per hour, crashed and burst into flames near San Diego, CA in August. One passenger called 911 moments before the crash to report the vehicle had no brakes and the accelerator was stuck.

The San Diego Sheriff’s Department has not completed its investigation into the off-duty trooper’s crash, but he National Highway Traffic Safety Administration (NHTSA) investigation has determined that a rubber all-weather floor mat found in the wreckage was slightly longer than the mat that belonged in the vehicle, something that could have snared or covered the accelerator pedal. Toyota spokesman John Hanson said that because only preliminary reports had been submitted in the California case, it was impossible to comment on that particular incident. The U.S. government said it has received reports of 100 related incidents that include 17 crashes and 5 fatalities involving Toyota vehicles. “This is an urgent matter,” said U.S. Transportation Secretary Ray LaHood.

Toyota and U.S. safety regulators warned owners to remove all driver-side floor mats as an immediate safety precaution. The recall will affect 2007-10 model year Toyota Camry, 2005-10 Toyota Avalon, 2004-09 Toyota Prius, 2005-10 Toyota Tacoma, 2007-10 Toyota Tundra, 2007-10 Lexus ES 350 and 2006-10 Lexus IS 250 and IS 350 vehicles. With 3.5 million vehicles affected by this recall, this is the largest by Toyota in US history but not the first for issues with floor mats. In September 2007, Toyota recalled an accessory all-weather floor mat sold for use in some 2007 and 2008 model year Lexus ES 350 and Toyota Camry vehicles because of similar problems.

The National Highway Traffic Safety Administration (NHTSA) conducts defect investigations and administers safety recalls. NHTSA is authorized to order manufacturers to recall and repair vehicles or items of motor vehicle equipment when investigations indicate that they contain serious safety defects in their design, construction or performance. Manufacturers voluntarily initiate many of these recalls, while others are either influenced by NHTSA investigations or ordered by NHTSA via the courts.

Examples of defects considered safety-related by the NHTSA
· Steering components that break suddenly causing partial or complete loss of vehicle control.
· Problems with fuel system components, particularly in their susceptibility to crash damage, that result in leakage of fuel and possibly cause vehicle fires.
· Accelerator controls that may break or stick.
· Wheels that crack or break, resulting in loss of vehicle control.
· Engine cooling fan blades that break unexpectedly causing injury to persons working on a vehicle.
· Windshield wiper assemblies that fail to operate properly.
· Seats and/or seat backs that fail unexpectedly during normal use.
· Critical vehicle components that break, fall apart, or separate from the vehicle, causing potential loss of vehicle control or injury to persons inside or outside the vehicle.
· Wiring system problems that result in a fire or loss of lighting.
· Car ramps or jacks that may collapse and cause injury to someone working on a vehicle.
· Air bags that deploy under conditions for which they are not intended to deploy.
· Child safety seats that contain defective safety belts, buckles, or components that create a risk of injury, not only in a vehicle crash but also in non-operational safety of a motor vehicle.

The NHTSA releases a monthly report detailing current defect investigations. In the August 2009 report, the NHTSA is investigating safety-related defects such as brake line rupture in 1999-2002 Mercedes Benz ML 430/500/55 and side air bag non-deployment in 2003-2005 Infinity Q45 AND 2003-2004 Infinity M45 models.

If you or a loved one has been injured or a loved one killed in an auto accident as the result of a safety-related defect listed above, contact Napoli Bern Ripka LLP immediately. We will discuss the situation with you and come up with a plan of action to help you get compensation for your injuries, property damage or a loved one’s wrongful death. Visit www.napolibern.com or call 1-888-529-4669 to discuss your case and find out the best course of action to ensure that you get the compensation you deserve.

Sources:
http://pressroom.toyota.com/pr/tms/toyota/toyota-consumer-safety-advisory-102572.aspx
http://www-odi.nhtsa.dot.gov/recalls/recallprocess.cfm
http://nhthqnwws112.odi.nhtsa.dot.gov/acms/docservlet/Artemis/Public/Pursuits/2009/INVMTY-082009-1234.pdf
http://www.reuters.com/article/domesticNews/idUSTRE58S69820090929
http://www.reuters.com/article/wtMostRead/idUSTRE58S69820090930