Our very own Kansas City Accident Injury Attorneys Heather Lottmann and James Roswold, and employee Robert Adams, ran the 5K Freedom Run in Greenwood, MO, with their families on September 11, 2011. The race was to benefit the family of a local hero. They enjoyed racing for a good cause that benefited their local community. For more information on the attorneys 5K freedom Run and results, visit Kansas City Accident Injury Attorneys Community Involvement page.
I have avoided posting too many blogs about the Toyota recalls on this site; however, the problem just keeps growing. Although I haven’t been ignoring it as I have posted one blog entry on the issue, there are so many stories out there that it is difficult to keep up with and seems as if it is constantly changing. However, after yesterday’s hearing before Congress, I felt it was important to address the news story below.
As I stated in my previous blog post, I am a recent purchaser of a 2010 Toyota Camry. To date, I still have not been notified in writing or otherwise about bringing my car in to be fixed even though when I called my dealer I was informed I would be contacted in writing once parts are in. I don’t know if that means that parts are not in yet at my particular dealer, or if they are fixing older ones first, or if something else is going on. Either way, after reading the news story regarding yesterday’s hearing, I now know it is unclear whether the fixed gas pedal would resolve the problem. Having been advised to continue driving my car while I wait to be contacted, my concern grows even more. Even though I have not experienced an accelerator issue yet, I don’t want to be riding around in my car with my children if it does happen, but I guess I just cross my fingers and continue to drive while Toyota attempts to figure out where the problem really lies – electrical or not?
Today, Toyota president, Akio Toyoda is scheduled to speak before Congress about safety issues in Toyota vehicles following a hearing yesterday that was held between Congress and Toyota sales Chief, James Lentz. He advised Congress that he was unsure whether the recalls would solve the safety issues plaguing the recalled Toyota vehicles.
Toyoda has a prepared speech ready that will include a public apology, address quality control, the reason for the recalls, and plans for future quality control.
Currently, there are 34 reported deaths linked to Toyota and Lexus vehicles with acceleration problems. Following complaints and reported deaths, Toyota finally recalled 8 million for problems with accelerators, brakes, and steering.
However, Congress members feel Toyota should consider and investigate whether electronic glitches could be contributing to or causing the acceleration problems after hearing from two witnesses, Sean Kane, Safety Research & Strategies president, and David Gilbert, an automotive technology associate professor.
Gilbert testified that he conducted experimental testing in which he was able to overcome the fail-safe system Toyota implemented to prevent unintended acceleration caused by electrical problems. He tested 4 Toyota vehicles with the same result, bypassing the fail-safe system. Toyota insists that the system would have to be “sabotage[d],” which would not occur in normal situations.
USA TODAY reports that some of the major issues raised were:
- Whether unintended acceleration problems in Toyota vehicles has been solved, which Lentz admitted that it is “probably fair to say” that about 70% of the complaints are not resolved by current recalls to fix floor mats and gas pedals. He further admitted that he does not know whether they have solved the problems, only that Toyota has “solved the issues [they] know of.”
- Brake-override systems will be installed allowing the brakes to take precedence over the gas pedal if pushed at the same time as another defense mechanism.
- Transportation Secretary, Ray LaHood testified that NHTSA will “do a complete review of the electronics” and will not rest until it discovers whether electronic issues are contributing to the problem.
Toyota is also being scrutinized for not addressing the accelerator concerns sooner. Cars were recalled overseas in the early 2000s for the same issue but no recalls were issued in the U.S. until 2007 and then only a limited recall for floor mats. NHTSA reported it knew of problems as far back as 2003.
For more information on the numerous Toyota stories over the past couple of months, click any of the links below:
TOYOTA COROLLA POWER STEERING
Toyota Prius Brake Recall Announced
Toyota recalls Camry: what does this mean for Kansas City Drivers?
When It Rains, It Pours! More Shocking News From Toyota Involving Prius and Lexus Brakes
Toyota Problems are a Big Deal, But…
Toyota Fix for Accelerator Pedal Sticking May Not Remedy Sudden Unintended Acceleration Problem
Prius brakes: more Toyota danger to Kansas City motorists
Roswold Law Group wants to remind everyone driving a Lexus or Toyota to take extra precautions when driving. Hopefully putting the car in neutral will work if your accelerator does start to stick and hopefully the problem(s) will be resolved quickly.
Consuming Energy Drinks Can Be Detrimental to Your Health
23 Feb, 2010 in Child Injuries, Too Much of Anything is Never a Good Thing, UncategorizedAccording to KMBC, On Thursday morning, February 4, 2010, 17 year old Dakota from Carl Junction, headed off to school. He consumed 2 NOS energy drinks and fell asleep on his couch later that evening. He does not recall anything else – the next thing he remembers is waking up in the hospital the following Saturday afternoon.
On Friday morning his mother found him on the couch. She heard a “gurgling” noise and noticed that her son had turned blue. Her husband performed CPR while they waited on an ambulance. The teenager had suffered a seizure. He had no prior history of seizures.
The physicians determined that the energy drinks he consumed probably caused his seizure. Following a 5 day stay in the hospital, he wants people to know, “[Energy drinks are] not good for you.” He didn’t realize “a drink could do something like that.”
The teen drank two 16 ounce cans, consuming 520 mg of caffeine plus soda. According to Dr. Ahmed Robbie, a neurologist, drinking too much of a high-caffeine product can possibly cause seizures as well as other side effects including headaches and tremors. He advises that it can even be fatal triggering “an irregular heartbeat and severe hypertension.” It has been reported that caffeine toxicity has caused death. Caffeine is also addictive causing further problems.
Dr. Robbie states that side effects could start after consuming over 250 mg and serious side effects can occur after consuming more than 500 mg. He feels energy drinks should have better warning labels.
In light of this news story, Roswold Law Group wants to encourage you and your family to be cautious in your approach to consumer food and drink. Many of us rely upon energy drinks for a boost, and actually are under the impression that this allows us to increase our health through exercise and so forth. However, the teen injury that occurred here serves as a warning sign that consuming too much caffeine or any other product could be dangerous to your health. It pays to keep in mind that too much of anything is rarely a good thing. Your health is important to us. It is generally understood that energy drinks and highly caffeinated drinks are not suitable for children and even come with a warning advising of such. Child injuries can be devastating, and we hope parents never have to experience an incident like this.
Following a four-day trial, a St. Louis jury unanimously awarded John Walsh, a Burlington Northern engineer, $3.18 million for injuries he sustained to his back while he was working on a train that was struck by another train.
Mr. Walsh filed a negligence action against the railroad. He alleged that the crew on the train that hit him did not follow safety protocols in that they did not provide notice before attempting to couple with his train, and they did not stop the train completely before attempting to couple with his train. One of the crew members admitted to violating safety procedures.
According to Dolan Media Company, “Walsh’s case is one of the first under the Federal Employers Liability Act tried in St. Louis County after the state changed its tort laws in 2005.”
Tort laws in Missouri may see another change soon. Whether that change will be positive is yet to be seen. Hopefully the courts will take a step in the right direction. With Illinois recently striking down non-economic damages caps as unconstitutional in medical malpractice cases, hopefully others will follow. Missouri will soon decide the same issue, and we anxiously await the ruling.
Although the railroad cases and medical malpractice cases are very different, the focus is on the tort law system and the changes that have been made and that continue to be made. Whatever your injury, whatever your type of case, Roswold Law Group hopes tort reform will not continue to harm plaintiffs.
As a parent, my child’s safety is the most important thing I could ask for. However, lately it feels as though I need to be extra cautious when making a purchase for my children. Is this pacifier safe? Is this stroller on the recall list? Where can I find the most up to date information on recalls?
There have been numerous recalls in the news lately involving children’s products including Discovery Lamps, Britax “Blink” umbrella strollers, Generation 2 Cribs, Disney jewelry, and more. Problems range from combustion to risk of finger amputation and suffocation to lead poisoning. In light of these recent recalls, safety officials have taken a step toward raising safety.
Inez Tenenbaum, chairman for the US Consumer Product Safety Commission (CPSC) has firmly warned manufacturers of children’s products to make safety a top priority or face penalties including fines or lawsuits. She stated, “If you resist our efforts to recall children’s products, be forewarned: This commission stands ready to be creative in the use of our enforcement authorities.”
According to the Kansas City Star, it was her strongest warning to industry officials since taking over as chairman less than a year ago. She went on to say that 2008 laws gave the CPSC new powers, “and we are not afraid to use them.” Her warning followed questions from Congress about the delay in informing the public about defective product recalls. Congress questioned the 6 month lag in recalling over 2 million Stork Craft drop-side cribs that were linked to four infant deaths due to suffocation.
Tenenbaum hopes to impose new crib safety rules by the end of 2010, which haven’t been changed in over 25 years.
Hopefully her warning will be taken to heart by children’s products manufacturers. Child safety is extremely important and parents need to feel safe that our purchases will not result in injuries to our children.
Blue Springs Motorcyclist Suffers Serious Injuries
17 Feb, 2010 in Motorcycle Accident, UncategorizedYesterday, the Kansas City Star reported that Zachary Reznak, 22, of Blue Springs lost control of his motorcylce on southbound I-470. It was noted that he was weaving in and out of traffic when he lost control of his bike while trying to make an exit.
Reznak suffered serious injuries after being thrown from his motorcycle. He was taken to Centerpoint Medical Center for treatment of his injuries.
Riding a motorcycle can be fun and adventerous but it can also be dangerous. Riders do not have the same protection in a motorcycle accident that passengers in a car have because being thrown off the bike is always a risk. A biker has to be extra cautious because other motorists on the road have difficulties seeing motorcycles.
Roswold Law Group would like to wish Mr. Reznak a speedy recovery and to remind everyone to travel safe and be keep an eye out for motorcycles, especially as we head into the warmer months.
A Valentine’s Day weather blast caused significant problems on the freeways throughout the Kansas City Metro area. Northbound I-35 had to be shut down due to a multiple car pileup near 87th Street. The number of cars and emergency personnel involved in these three incidents was nothing short of amazing. Fortunately, no serious injuries were reported.
According to news reports, the worst pileup occurred on I-70 in Kansas City, Kansas, which was also shut down. Emergency personnel worked for several hours trying to unpile the disabled vehicles.
Roswold Law Group and authorities urge drivers to use caution when driving in dangerous, winter weather conditions.
On February 9, 2010 KMBC Channel 9 reported that a Kansas City, Kansas school bus and three other vehicles were involved in an accident at 57th and Parallel Parkway when a car lost control after hitting black ice on the road.
In the unfortunate event that you are involved in an auto accident, Roswold Law Group has provided an Auto Accident Information Form to keep in your vehicle and recommends you read our Accident Emergency Kit article for recommended items to keep in your vehicle at all times.
On Thursday, February 4, 2010, The Illinois Supreme Court struck down a state law that placed a cap on non-economic damages in medical malpractice cases as unconstitutional. Tort reform is a hot topic right now and some tort reform supporters feel the decision was not about the patients and getting rid of caps is not the answer.
The Missouri Supreme Court is contending with its own tort reform law from 2005 that placed a $350,000 non-economic damages cap on medical malpractice victims’ recoveries. Illinois has paved the way for others to follow, and Missouri has an opportunity to walk the same path and decide to put patients first.
Tort reform has had a devastating impact on medical malpractice victims seriously injured bydoctors negligence. Placing caps on recoveries automatically reduces damages without evaluating each claim on a case by case basis leaving patients who are permanently paralyzed no greater pain & suffering damages than $350,000 in Missouri even if a jury feels the victim deserves more.
Tort reform protects hospitals, doctors, and insurance companies, but does nothing to protect patients who have suffered a significant and debilitating injury. According to research, tort reform’s ultimate goal of reducing health care costs has not been attained.
As the tort reform battle wages on, there is something you can do. Visit www.98000reasons.org and sign the petition – fight tort reform.
On Sunday, February 7, 2010, a pedestrian walking near Shawnee Mission Parkway and Goodman Drive was struck around 9:30 p.m. The victim was identified as 59-year-old Jack Canada. Unfortunately, the victim did not survive his injuries and the driver of the vehicle left the scene of the collision.
The police have since located the driver and the vehicle and are planning to present the case to the Johnson County District Attorney.
Our hearts go out to Mr. Canada’s family.
In light of this tragic event, Roswold Law Group wants to remind individuals to stay safe. There are steps you can take as a pedestrian to stay safe:
- Use a sidewalk if possible or walk in the direction of oncoming traffic
- Avoid wearing dark clothing
- Don’t count on drivers to pay attention
- Use intersections whenever possible
According to the Missouri Department of Transportation, in 2008 over 10% of pedestrian deaths and 38% of pedestrian injuries occurred when it was dark outside.
We encourage everyone to drive safe & keep an eye out for pedestrians.
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