Cherry Hill, New Jersey Personal Injury Lawyer - Mass Transit (Airline, Cruise Ship, Train, Bus)

Railroad Pays $4 Million for Misconduct & Cover-Up after Train Accident Kills 4

Mike Ferrara — Fri, 16 Oct 2009 22:42:14 GMT

This week, a judge in Washington Country, Minnesota awarded $4 million to the families of four young people who were killed in a 2003 accident with a train run by Burlington Northern Santa Fe Corp.

Judge Ellen Mass, who granted the award, found that Burlington Northern had committed “staggering” misconduct in covering up its role in the accident, which had been caused largely by a faulty crossing gate. (The train engineer originally testified that the youngsters’ car had gone around a lowered crossing gate to cause the accident; later, the jury determined that the gate hadn’t been working at all.)

Maas found that the railroad company lost or fabricated evidence, interfered with the families' investigation of the accident and "knowingly advanced lies, misleading facts and/or misrepresentations" in order to conceal the truth.

The railroad, Maas noted, "has attempted to explain away each instance of misconduct as either an innocent mistake or a mere coincidence. ... This court is not persuaded."

"When encountering conduct as egregious as that of BNSF, this court ... has a duty to impose sanctions of a sufficient severity in order to deter future misconduct of the same caliber,'' Maas ruled. –StarTribune.com

According to evidence presented at trial, Burlington Northern began trying to cover up its role in the accident within the first few minutes after it had happened. The $4 million award, intended to punish the company for its egregious behavior, comes on top of a previous $21.6 million jury award, issued last year, when the jury determined that Burlington Northern was 90% at fault for the accident.

A company should never get away with this kind of cover-up. Kudos to Judge Maas for her decision.

Originally posted at InjuryBoard by Mike Ferrara

Lawsuit over Toxic Cabin Air Raises Questions about Airline Safety

Mike Ferrara — Sat, 04 Jul 2009 14:26:05 GMT

A lawsuit currently pending against aircraft manufacturers Boeing and McDonnell Douglas is alerting the public to a danger that has not previously been widely known: the potential for toxic fumes to enter and circulate in the cabin air on passenger airplanes.

Terry Williams, a former American Airlines flight attendant for 17 years, has experienced chronic migraines, balance and vision problems, tremors in her left arm, tingles in her feet and a loss of childhood memories, ever since April 11, 2007, when a misty cloud of smoke began to circulate around the cabin of the MD-82 aircraft she was on. She is now suing Boeing and McDonnell Douglas (since bought up by Boeing) for damages caused by toxins that were allowed to enter the air on the flight unfiltered and without sensors to alert passengers to their presence.

They "knew or should have known that toxic nerve agents, contaminates, and dangerous fumes could bleed into the plane's ventilation system, causing serious and irreversible health effects," her attorneys said in a written statement.

Between a tickle in her throat, cough and headache, Williams thought she had the start of a common cold when she stepped off the flight in question. But she says the symptoms grew worse and included a nasal discharge she described to CNN as "neon green, the same color as antifreeze."

Within several weeks, Williams says, she had to make repeated visits to emergency rooms before a neurologist told her she'd been the victim of toxic exposure. -CNN

The toxic exposure is caused by the way that air is brought into the cabin. Air in passenger jets most commonly combines re-circulated air already in the cabin with cooled, compressed air bled off the engines. The problem is that engine oil seals can leak, causing toxic fumes to enter the cabin. The chemical tricresyl phosphate, found in nerve agents and pesticides, is of particular concern in bleed air, and is known to cause neurological and other health problems, including memory and vision loss, headaches, tremors, and vomiting.

A National Research Council report in 2002, using data from three Canadian airlines, said on one aircraft model nearly four out of 1,000 flights had a fume event.

The Committee on Toxicity in the United Kingdom, a group made up of independent experts who advise government agencies, said in September 2007 that pilots reported events in 1 percent of flights and that maintenance inspected and confirmed incidents in 0.05 percent of flights.

"These frequency estimates may all sound low, but consider that there were 10.65 million flights on U.S. registered aircraft in 2008. Even 0.05 percent of flights translates into about 14 events per day," said Judith Murawski, an industrial hygienist with the Association of Flight Attendants-CWA, who has studied the issue for more than nine years. -CNN

While Congress is beginning to pay attention to the dangers of flight poisoning, with the House passing the FAA Reauthorization Act of 2009 (it’s now in a Senate committee) to stimulate research and development of in-light sensor and air cleaning technology, action combating this problem is long overdue. Hopefully Williams’ lawsuit will help others who have been injured come forward to demand that the public be protected with immediate changes in aircraft safety standards.

Originally posted at InjuryBoard by Mike Ferrara

AAJ: Let's Make Buses, Trucks Safer with Better Driver Fatigue & Roof Crush Standards

Mike Ferrara — Mon, 27 Apr 2009 21:41:32 GMT

In light of the National Transportation Safety Board’s (NTSB) recent conclusion that a combination of driver fatigue and a lack of federal safety standards protecting bus passengers led to the 9 deaths and 43 injuries in the 2008 Utah bus rollover accident, the American Association for Justice (AAJ) is demanding that transportation regulators including the National Highway Traffic Safety Association (NHTSA) re-evaluate decades old safety regulations and put the ball in motion to quickly pass safer truck and bus legislation.

According to the NTSB, the Utah crash was partly due to the NHTSA’s reluctance to agree on and implement new safety standards including electronic driver hour-monitoring, seatbelts, and stronger roofs and windows. For nearly ten years, NTSB has been begging the NHTSA do act on proposed legislation in all of these areas—for large commercial trucks as well as commercial buses.

Currently, there are no roof crush standards for commercial motor vehicles, including trucks and buses, and a prevalent safety problem in the trucking industry is companies ignoring driver fatigue.

“The transportation industry has been aware of these problems for years, if not decades, and they have done nothing about it. Current federal standards are needed to save lives,” said Tennessee attorney Morgan Adams, a leading expert on commercial vehicle safety. “Driver fatigue is a killer and it will continue to kill until the government takes action. There is no question some corporations will overwork employees, and ignore problems, in order to earn another dollar.” -AAJ

Studies have shown that driver fatigue can impair a driver’s judgment and reaction time as severely as being intoxicated behind the wheel. The NHTSA must take steps immediately to reduce the potential for truck and bus accidents caused by drivers not getting enough rest.

Originally posted at InjuryBoard by Mike Ferrara

City of Camden (N.J.) Pays Family of Murdered Daughter $1.8M For Botched 9-1-1 Call

Mike Ferrara — Mon, 23 Jun 2008 01:24:33 GMT

The City of Camden, New Jersey, has agreed to compensate the family of Christine Eberle $1.85 million as a result of the negligence of thier 9-1-1 dispatcher. The case settled several days before trial was to begin in Camden County. A mediator, retired Superior Court Judge Charles Pevite was able to get both sides to agree on the settlement. The family wanted more and the City wanted to pay less.

The tragedy begain in November of 2001 when Christine, then 26, was returning home from her job at an investment company in Philadelphia. She rode the train to Camden and got off at the Ferry Avenue station. Two men abducted her and eventually beat and strangled her to death. An eyewitness immediately called 911 when he saw what was happening, however, the 911 opeator, Marie Cupparo, said that it sounded like a domestic dispute and never entered the call into the computer. Had she done her job as she was required to do, a police car one block away would have responded with lights and sirens and the killers would have fled. In addition, all other police cars in Camden and adjoining towns would have responded.

The case was initially dismissed on legal grounds when Superior Court Charles Little determined that the 911 operator and the City were immune for their negligence. A unanimous Appellate Court disagreed and restored the case to the trial list. The New Jersey Supreme Court denied Camden's application for further review.

Christine is survived by her parents Charles and Linda Reis, a sister Mandy, 22, and a brother CJ. 19. A memorial park in her honor has been established called the Shining Star Park, and portions of the proceeds of the case will go to fund scholarhips in Christine's name. The killers were caught, plead guilty, and are serving 45 year prison terms pursuant to a plea bargain with the Camden County Prosecutor.

Christine's family was represented by Michael A. Ferrara, Jr, and Andrew Rossetti, both of Cherry Hill, New Jersey.

Originally posted at InjuryBoard by Mike Ferrara

Department of Transportation Changes Rule - Bumped Passengers Get More Money

Mike Ferrara — Wed, 16 Apr 2008 23:26:58 GMT

The Sectretary of the Department of Transportation announced a doubling of the compensation that bumped airline passengers will receive beginning next month. The new amounts will be up to $400 if you arrive at your domestic destination within two hours of the scheduled arrival time [four hours for international destinations] and up to $800 if you arrive at your destination within 4 hours of the scheduled arrival time. Consumers are urged to make certain that they ask for the reimbursement, since the airline may conveniently "forget" to tell you about it. The actual amount of the refund depends on the price you paid for the ticket. You are also entitled to a full refund or you can use the money for alternative transporation. The full rules as set forth by the Department are contained in today's press release.

Originally posted at InjuryBoard by Mike Ferrara