An Ohio professor received a $5.9 million settlement after he was critically injured two years ago in a crash on Interstate 65, a Valparaiso lawyer said.

William Scanlon, 56, was traveling north on I-65 when he was hit from behind by a commercial truck while slowing for stopped traffic.

Injury lawyers Kenneth J. Allen and Associates of Valparaiso represented Scanlon and filed a lawsuit against Indiana Art Glass Inc./GRT Glass Design Inc. of Indianapolis, which owned and operated the truck.

On July 27, 2011, Illinois Governor Pat Quinn signed into law new legislation that his office describes will “… simplify regulation of trucks traveling in Illinois, easing the regulatory burden faced by Illinois businesses while helping ensure the safety of Illinois’ roads.”

From the Governor’s official press release:

“One of the top priorities of my administration has been working with the business community to make Illinois an easier place to do business. By clarifying laws that impact transportation, we will help businesses to function more efficiently and still keep the public safe while traveling on Illinois roads.” Governor Quinn said. “This law creates common sense rules, eliminates confusing language, and enhances productivity in the trucking industry and benefits the environment.”

In this economy, focusing upon the dollars and cents of things is understandable, and it seems reasonable to pass Senate Bill 1644 as it “… clarifies and standardizes enforcement language for truck weight and size in the Illinois vehicle code.”

What Governor Quinn Has Signed Into Law Makes for More Danger On Illinois Roads

However, as the Governor points out, this new law also ups the allowable maximum truck weight in Illinois to 80,400 lbs because it will mean less diesel fuel usage in the long run.  Saves money.

However, one thing doesn’t change.  The heavier the truck, the more dangerous it is on the roads.

Of even more concern, Governor Quinn has signed into law Senate Bill 1913 which will mean that starting on January 1, 2012, trucks in Illinois will be able to drive 65 mphs on our roads.

Increasing Speed Limit on Big Rigs May Save Fuel But Will It Cost Lives?

This bill joins other legislation that works to increase the legal speed limit of big rigs to 65 mph on Illinois roads (this week’s bill doesn’t impact interstates, however prior legislation already covered that issue). For many, increasing the speed of big rigs is dangerous for us all.

Think of this:

• semi trucks carrying a full load of cargo, up to the legal limit of 80,400 pounds, will be driving alongside sedans that weigh around 5000 pounds.
• It will probably be around 80 feet long, lumbering alongside families in minivans, sedans, and SUVs at 65 mph.
• And if that truck needs to stop?  It will take it almost twice as long as the car alongside it to do so.

Be careful out there, if you’re driving anywhere in Illinois – especially after the first of the year.

Meteorologists are explaining the extremely high temperatures hitting Indiana and Illinois this month as being the result of a “heat dome,” which boils down to record-breaking heat of 100 degrees or more throughout much of our region, which is not prepared to deal with how hot this can really get.

Yesterday, parts of Chicago had a heat index of 112.  Today, Indianapolis is expected to reach a heat index of 120 degrees by mid-afternoon.

Heat index is the real number to monitor if you’re working outside:  the heat indexmeasures the humidity in the air as well as the actual temperature, and this is important to humans because the humidity impacts our physical ability to sweat and disperse heat.  The higher the heat index, the more vulnerable we are to heat stroke and other potentially fatal heat-related conditions.

Workers Are Warned to Be Careful of the Heat by Secretary of Labor Hilda Solis

The high temperatures can be deadly, although many disregard that reality and the seriousness of being in the heat for too long, especially while physically exerting the body through exercise or hard work.  Workers can die from doing their job in this weather, and that’s the reality that both employers and employees need to respect.

In fact, Hilda Solis has issued a formal warning about this “heat dome” situation in her role as Secretary of Labor for the United States.  Here is what Secretary Solis wants you and your employer to know:

“Four weeks into the summer, the nation continues to experience record heat. For outdoor workers, this means being at risk for heat-related illnesses, including heat exhaustion and heat stroke. Employers must take the precautions needed to protect outdoor workers:

• Have a work site plan to prevent heat-related illnesses and make sure that medical services are available to respond to an emergency should one occur.
  
• Provide plenty of water at the job site and remind workers to drink small amounts of water frequently – every 15 minutes.
  
• Schedule rest breaks throughout the work shift and provide shaded or air conditioned rest areas near the work site.
  
• Let new workers get used to the extreme heat, gradually increasing the work load over a week.
  
• When possible, schedule heavy tasks for earlier in the day.
  

“Tell workers what to look for to spot the signs of heat exhaustion or heat stroke in themselves and their co-workers, and make sure they know what to do in an emergency. OSHA has fact sheets and posters that illustrate the signs of heat-related illnesses, and the steps that you can take to prevent them at your work site.

“Remember: water, rest, shade – the three keys to preventing heat-related illnesses in this extreme heat.”

This morning over in Gary, Indiana, about half-past nine, a semi truck with a full load in a box trailer was on the northbound ramp of I-65, moving onto westbound I-80/94, when a sedan darted in front of the trucker forcing the truck driver to hit his brakes. No one knows what happened to the car, but most everyone trying to drive I-65 today knows what happened to the big rig; actually a 2001 Freightliner semi truck with fully loaded box-trailer.

The truck rolled over. Tipped on that curve in the ramp, and blocked traffic for six full hours.

Luckily, there were no serious injuries. The truck driver and his passenger were not seriously injured. The 40,000 pounds of watermelons were unharmed – they didn’t even roll out of the truck. You may find one of these melons at your grocery this week.

Truck Driver Held Responsible for Tipping Truck

The trucker didn’t escape injury from the Indiana State Police, however: Michael Kangas Jr. was found responsible for the wreck (forget that sedan driver, who was probably late to work) because the troopers found he was driving too fast on that ramp, and that he hadn’t properly safeguarded his watermelons in the trailer.

The trooper’s position: if the watermelons had been stored better, and if the truck had been going slower, the cargo would not have shifted and the truck would not have tipped over.

FYI: Mr. Kangas was driving the cargo of melons from Georgia to Morris, Indiana, on behalf of Exel Transfer and Storage of Green Bay.

Insecure Loads on Big Rigs Can Cause Serious Injuries and Wrongful Deaths in Semi Truck Crashes

The Indiana State Trooper probably knows how dangerous tipping cargo can be to drivers on the roads.  Any kind of load, from melons to wood or pipe or car parts, will be heavy.  That weight needs to be placed into the trailer carefully, following proper loading procedures.

Failure to follow loading standards means that all that weight — and weight is the key here, no matter what the cargo might be — will be insecure and increasing the risk that the truck driver might not be able to keep control of his rig.

Improperly loaded cargo can get loose and start flying out in bits, into the traffic behind the moving rig.  Or, as the I-65 Melon Cargo Flip demonstrated today, without the right balance distribution of weight, cargo hauls can sway inside the trailer and force the entire big rig to fall over, onto its side.

Luckily, today’s accident was only a serious inconvenience and not the cause of a severe injury or death. For those of us driving the roadways with these huge trucks and their heavy cargo, the lesson is to give them lots of room and space on the roadways – better late to work then early to the ER.

Be careful out there.

If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for legal damages as well as the right for justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Kenneth J. Allen & Associates to schedule a free initial legal consultation.

For the convenience of its clientele, Kenneth J. Allen & Associates offers five offices to serve those located in either the states of Illinois or Indiana.

WTHR of Indianapolis (Channel 13) is reporting that the big Indiana Department of Transportation project to renovate I-69 is about to cause a lot of commuter headaches in Fishers, as a major bridge project begins this week and isn’t projected to be completed until around Thanksgiving. Anyone driving I-69 near 126th Street is going to be diverted, regardless of which direction they are going, and 126th Street will be closed to traffic sometime soon.

What’s happening?

Here, the bridge is being widened from two lanes to four lanes each way. They are also putting in a lane for bicycles, and another lane for pedestrians. (Statewide, I-69 has been the subject of a major expansion since March 2004, when the Federal Highway Administration (FHA) okayed an interstate corridor for I-69 running between Evansville and Indianapolis.)

First things first, you’ll see crews with reflective vests putting up those concrete barriers along with the orange cones and barrels — these aren’t so much to reroute traffic as protect the construction workers on the job.

Road Hazards Can Cause Worker On the Job Injuries as well as Car Accidents and Traffic Pile Ups

The I-69 / 126th Street Bridge Construction Project gives a great example of the dangers of road construction and road hazards. This highway construction project, just like any road work, will bring cars, SUVs, trucks, big rigs, and other moving vehicles, very close to highway construction workers — at times, they will be extremely closed to each other.Construction workers die every year from work zone accidents, and they are particularly vulnerable to driver distraction.

Another danger in these kinds of construction projects are road hazards that can cause car crashes. Construction sites, however well tended, can have debris on the road which drivers may have to swerve to avoid hitting, or may run over causing a loss of control of their vehicle.

Let’s be careful out there!

The dangers of commercial drivers falling asleep at the wheel – something that is a regular topic on this blog – is getting national attention in the continued coverage of a discount-fare Sky Express bus that ran off I-95 near Richmond, Virginia, en route from Greensboro, North Carolina, to New York, killing four passengers and leaving driver Kin Yiu Cheung of Queens in jail in Hanover, Virginia’s Pamunkey Regional Jail.

May 31, 2011: Four Die in Sky Express Tour Bus Crash as Driver Falls Asleep at the Wheel

Mr. Cheung, a native of Hong Kong, has been charged with four (4) counts of involuntary manslaughter, all felonies, and one count of reckless driving (a misdemeanor). Four women on the bus died in the accident: Karen Blyden-Decastro (NY); Denny Estefany Martinez (NJ); Sie Giok Giang (PA); and Josefa Torres (NY).

What happened on that North Carolina road on May 31, 2011, isn’t in dispute: Kin Yiu Cheung was driving the big bus with its 59 passengers and fell asleep, causing the bus to crash into an embankment and tip over, coming to a stop on its side. Dozens of passengers were injured; four were killed.

It’s been reported that before the wreck, the bus driver was talking on his cellphone loudly enough for some passengers to hear him complain that he was tired and hadn’t had a chance to rest between bus trips.

Yesterday, Virginia Circuit Court Judge Joseph Ellis ruled “with regret” that Mr. Cheung would not be released on bail because of a problem in his proper residence address. Media reports have revealed two different addresses were given by the bus driver for his home: his commercial driver’s license has a Flushing, New York, address but his employer, Sky Express, Inc., has Elmhurst for his home.

March 12, 2011: Fourteen Die in World Wide Tours crash after Bus Driver Allegedly Falls Asleep at the Wheel

If this story sounds familiar, it should. Less than 90 days ago, on March 12, 2011, another tourist bus crashed in Connecticut after the bus driver reportedly fell asleep at the wheel;in this instance, it was a World Wide Tours bus that crashed on a highway in New York City as passengers were returning to Chinatown from a trip to the Mohegan Sun casino. Fourteen (14) passengers died in the World Wide Bus crash.

The March tour bus crash was more gruesome than the May wreck: not only were more people killed, but the event was horrific – one victim was decapitated, another had his two arms severed, and everyone was terrorized in a mass of jagged metal as the bus was torn apart in the darkness, glass flying, after the bus driver lost control of the vehicle and it flipped onto its side and slid for thousands of feet before colliding with an exit sign post, which literally cut the roof off the bus as it slid to a stop.

Chinatown Buses Offer Cheap Travel – New York City’s Mayor Voiced Safety Concerns Before May 31st Wreck

Both these tragedies involve tour buses that offered cheap rates to passengers out of New York City’s Chinatown. After the March crash, New York City’s mayor went to the media voicing his concern over the safety of these bus trips. They ran older buses, and maybe they didn’t follow all the federal and state safety regulations. The New York Daily News reports that the competing Chinatown bus companies have been cited many times in the past two years for bus driver fatique.

Alert and Well-Trained Bus Drivers Are Key to Passenger Safety – Disrespecting HOS is Inexcusable

Hours of service regulations are mandatory for all commercial drivers because a sleepy driver of a bus or big rig can kill people. Sure, the HOS limits mean less profits for the bus line or trucking company – but they are there for a serious reason. HOS save lives.

Let’s hope that something is done about this cheap tour bus situation – and fast. The firm’s sincerest condolences to all those who were injured and died in these needed tragedies.

If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for legal damages as well as the right for justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Kenneth J. Allen & Associates to schedule a free initial legal consultation.

For the convenience of its clientele, Kenneth J. Allen & Associates offers five offices to serve those located in either the states of Illinois or Indiana.

Indianapolis saw another instance of a child almost drowning in a swimming pool when a young boy celebrating his 13th birthday was found floating near the bottom of a neighborhood pool and who now remains in critical condition (as of Tuesday, May 31st) at Riley Hospital. Our prayers go out to this boy and his family and we hope that he recovers fully from this tragic accident over the Memorial Day Weekend.

So far this year, there have been 55 fatalities and 63 close-calls across the country involving swimming pools.   It’s in hopes of keeping these numbers low as we enter the summer season that the U.S. Consumer Product Safety Commission (CPSC) has re-upped its “Pool Safely: Simple Steps Save Lives” campaign for another year.

The CPSC is promoting a national educational effort try and protect kids from swimming pool drowning accidents, as well as injuries due to entrapment incidents in both swimming pools and spas.

The Consumer Product Safety Commission has also released its latest statistics on swimming pool accidents involving children, which include the following:

• An annual average of 383 pool and spa-related drownings for children younger than 15 occurred from 2006 to 2008; about 76 percent of the reported fatalities involved children younger than five.
• An estimated average of 5,100 pool or spa emergency department-treated submersions for children younger than 15 occurred each year from 2008 to 2010; children younger than five represented 79 percent of these-injuries.
• Children between the ages of one and three (12 to 47 months) represented 66 percent of these fatalities and 64 percent of the injuries.
• About 72 percent of the fatalities from 2006 through 2008, and 55 percent of the estimated injuries from 2008 through 2010 that involved children younger than 15 occurred in a residential pool or spa; children under five made up the majority of incidents at residential locations, with 84 percent of fatalities and 61 percent of injuries, respectively.
• Tragically, based on reported statistics, 96% of victims involved in a submersion incident will die. Fatalities usually occur the day of the drowning event (72%). For the victims who survive the event, most will succumb to their injuries within a week (24%). Only 4% of near drowning victims will survive beyond a week, and many will have severe injuries and require intensive medical care.
• There were no reported entrapment fatalities for 2010. CPSC received three reports of entrapment injury incidents during 2010.

If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for legal damages as well as the right for justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Kenneth J. Allen & Associates to schedule a free initial legal consultation.

For the convenience of its clientele, Kenneth J. Allen & Associates offers five offices to serve those located in either the states of Illinois or Indiana.

Yesterday, Honda voluntarily recalled a massive amount of its products — cars that have been sold and on the road for years — as 833,000 more Hondas and Acuras were recalled for faulty airbags.

It’s Honda’s 3rd airbag recall, bringing the total to 1.6 million recalled Honda airbags.

According to Honda’s May 2, 2011 press release (read it here), a wide variety of Honda vehicles apparently have airbags that can inflate without warning if they’ve got enough pressure.

No crash. Big surprise. Boom.

Of particular concern is the fact that these aren’t new cars. These are Hondas and Acuras that have been on Illinois and Indiana roadways for several years now. Once again, an example of the reality that just because you’ve had a product for awhile without a problem, it doesn’t mean that the product is safe.

Defective products that are assumed to be trustworthy kill and serious injure people in this country every day. Be careful to get these cars fixed.

If you or a loved one drive any of the following vehicles, then

(1) contact Honda at (800) 999-1009 and select option 4 or
(2) contact Acura at (800) 382-2238 and select option 4 or
(3) call your nearest dealership for instructions on what to do.

Cars involved in the May 2011 Honda Airbag Recall are:

Honda Accord
2001 model year
2002 model year

Honda Civic
2001 model year
2002 model year

Honda Odyssey
2002 model year

Honda CR-V
2002 model year
2003 model year

Honda Acura 3.2 TL
2002 model year
2003 model year

Honda Acura 3.2 CL
2003 model year

On this Wednesday morning, those of us following the Indiana trucking industry are saddened by the news that on Monday evening and again on Tuesday evening, local men died in crushing incidents involving big rig semi trucks.

This morning, families and friends are grieving their loss.  Truckers and their families are also mourning the week’s events.

On Monday, Indiana Man Killed by 3000 lb. log falling off trailer truck

Just this past Monday evening, a trailer truck carrying a cargo of logs reached its destination, and everyone was set to unload the cargo.  Then a 3000 pound, 8 foot long log rolled off the load, killing an Indiana man  as he was trapped underneath all that weight. Benjamin Will of Haubstadt, only 26 years old, died at the scene.

On Tuesday, Indiana Man Pinned by Big Rig Getting Ready to Unload

Last night, a big rig carrying its cargo reached its Indianapolis destination and the truck driver prepared to unload his delivery.  Little did he know, but a Lawrence man – in the wrong place at the wrong time – had been pinned by the semi and killed by the crushing weight of the big rig itself. Randy Wimmer, 55, was taken to a nearby hospital where he tragically died later that night.

Trucking Is Dangerous 24/7 – On the Road and Everywhere Else

Lesson learned:  trucking is a dangerous job.  Driving those long hauls is dangerous.  There are bad road conditions.  Sleep deprivation.  Crazy drivers.  Nasty weather.

However, just because a big rig truck has made it to its destination doesn’t mean that anyone can breathe a sigh of relief.  It’s not just the roadway that is high risk.

These big rigs carry heavy cargo.  They’re built to do this.  However, all that weight in and of itself is a danger.  As we’ve been reminded this week, that heavy load can shift and kill.  The fully loaded truck can be an instrument of death as it parks to unload.

Trucking is a necessary component to American trade.  Truckers and the trucking industry must be respected for their contributions to our daily lives.

However, trucking is also one of the most hazardous work environments in our culture today – and we must remain vigilant that maximum safety conditions are honored and maintained.

Our condolences to all who are suffering from these tragedies this week.

Early this morning, Mark Reeves of Portage, Indiana, was driving his pickup truck on westbound I-80/94 in Lake Station, near Central Avenue, when he failed to stop in time and crashed into the big rig in front of him.  Tragically, Mr. Reeves died in the accident.

That semi truck on the roadway in front of Mr. Reeves might as well have been a wall:  it was carrying a load of almost 47,000 pounds of steel. That pickup truck, a 1999 Chevy S-10,  didn’t have a chance against that big rig steel-load: we can all understand the differential here.

No High Speeds, No Drunk Driving

This wasn’t a case of someone driving in a high speed car chase.  No one’s thinking that Mark Reeves was driving drunk at 6:05 a.m. today.   The Chevy truck was apparently moving into a construction zone, going through an S-shaped curve, when it rear-ended the Freightliner flat bed semi-truck in the right lane.

Witnesses saw the rear-end collision, saw the pickup lose control, and then go into the air and roll. Unfortunately, Mr. Reeves wasn’t wearing his seat belt. He was declared dead at the scene.

The IIHS Study Needs to Be Implemented ASAP

There’s another tragedy here.  As we reported last month, there is an easy fix to these types of accidents, where a passenger vehicle rear-ends a big, heavy big rig.

Underride guards on the backs of these big monster trucks would offer protection in rear-end collisions according to theInsurance Institute of Highway Safety.

In these accidents, the car slams into the tractor trailer truck, or semi, and without proper protection (the guard) the top of the car (passenger vehicle) gets slammed up against the truck’s rear.  The guard is designed specifically to thwart rear-end fatalities with lighter-weight cars and trucks.

Whether or not an underride guard would have made a difference this morning is something that we will never know.  We do know, however, that instituting this safety protection should be a priority for all trucking companies.  We also predict that underride guards will never be commonplace on semis in this country without government regulation forcing the issue.  Result:  more tragedies like the one Indiana experienced today, until the legislation is a done deal.

The Insurance Institute of Highway Safety (IIHS) just released its latest crash test studies involving big rigs and cars, and its report “… demonstrates that underride guards on tractor-trailers can fail in relatively low-speed crashes — with deadly consequences.”  (Watch the great video that the IIHS has provided to go along with its research results here.)

What are these underride guards? They protect the vehicle that rear-ends a big rig.  In these accidents, the car slams into the tractor trailer truck, or semi, and without proper protection (the guard) the top of the car (passenger vehicle) gets slammed up against the truck’s rear, crushing the roof and killing or seriously injuring those who were riding in the front seat of the car.  From the release:

“Cars’ front-end structures are designed to manage a tremendous amount of crash energy in a way that minimizes injuries for their occupants,” says Adrian Lund, Institute president. “Hitting the back of a large truck is a game changer. You might be riding in a vehicle that earns top marks in frontal crash tests, but if the truck’s underride guard fails — or isn’t there at all — your chances of walking away from even a relatively low-speed crash aren’t good.”

Result: The IIHS is petitioning the federal government to create new laws that will mandate stronger underride guards to be placed on commercial trucks, ones that will remain in place during a crash.  (Read the petition here.)

Seat belts exist only to keep people safe, but the reality is that there are many occasions where safety belts seriously injure and even cause the deaths of those who obediently use them.

This is why the Williamson lawsuit was filed.  It originates in a 2002 car crash where Thanh Williamson, 32, died while wearing a lap seat belt in a Mazda 1993 MPV minivan.  Mazda argued that Williamson was setting in the center position of the rear passenger seat and at the time, the car maker was only required to provide a lap band for this spot per National Highway Traffic Safety Administration (NHTSA) regulation.  Mazda’s defense isn’t that the seat belt wasn’t the cause of Mrs. Williamson’s death; instead, Mazda claimed it should not be liable because the nine (9) year old minivan was okay under federal regulations when it left the plant.

Last November, we considered the Mazda Seat Belt case because of its national importance.  The U.S. Supreme Court had a big decision to make: whether or not to allow car manufacturers to avoid legal liability for these seat beat injuries and deaths because at the time the cars (or trucks or minivans) are made, they meet the minimum safety standards set by federal law.

Now, the United States Supreme Court has ruled. Unanimously. And, it’s a big deal for many reasons — but for those who care about people being safe in their cars, here’s why this week’s opinion is so important to us all:  the High Court has told the American automobile industry that federal regulations were created only to set the minimum standard, not to provide the car makers with some kind of shield, or immunity, from legal responsiblity if their product harmed or killed their customers.

Of course, car makers are dismissing the major impact of this new Supreme Court decision to the public (like those explanations given to the Detroit News).  However, read the entire Supreme Court opinion (with all the Justices in agreement, a rare showing of solidarity these days) in Cause No. 08-1314, styled Williamson v. Mazda Motor of America, Inc. and you will find language like this:

Federal Motor Vehicle Safety Standard 208 (1989 version) requires, among other things, that auto manufacturers install seat belts on the rear seats of passenger vehicles. They must install lap-and-shoulder belts on seats next to a vehicle’s doors or frames. But they have a choice about what to install on rear inner seats (say, middle seats or those next to a minivan’s aisle). There they can install either (1) simple lap belts or (2) lap-and-shoulder belts. 54 Fed. Reg. 46257–46258 (1989); 49 CFR §571.208 (1993), promulgated pursuant to the National Traffic and Motor Vehicle Safety Act of 1966 (Act), 80 Stat. 718, 15 U. S. C. §1381.

The question presented here is whether this federal regulation pre-empts a state tort suit that, if successful,would deny manufacturers a choice of belts for rear inner seats by imposing tort liability upon those who choose to install a simple lap belt. We conclude that providing manufacturers with this seat belt choice is not a significant objective of the federal regulation. Consequently, the regulation does not pre-empt the state tort suit.

[From Justice Sontemayor's Concurrence, the following:]

In other words, the mere fact that an agency regulation allows manufacturers a choice between options is insufficient to justify implied pre-emption; courts should only find pre-emption where evidence exists that an agency has a regulatory objective— e.g., obtaining a mix of passive restraint mechanisms, as in Geier—whose achievement depends on manufacturers having a choice between options. A link between a regulatory objective and the need for manufacturer choice to achieve that objective is the lynchpin of implied pre-emption when there is a saving clause.

More people die in Illinois from coal-related deaths than any other state in this country with the exception of New York and Pennsylvania, according to the 2010 Toll for Coal Report of the Clean Air Task Force (read the full report here).  Coal is a big industry in our area.

Midwest Generation, for example, operates six coal plants in Illinois: two in Chicago; others in Joliet, Pekin, Romeoville, and Waukegan.  It’s undisputed that these coal plants are among the biggest contributors to the region’s poor air quality.

Midwest Generation contributes things that create smog in the air and soot on surfaces:  e.g., nitrogen oxide and sulfur dioxide, along with releasing mercury in local waterways where the fish live and we swim.  Midwest Generation knows this; the federal and state governments know this; the information has been made available to the public and Midwest Generation is supposed to be cleaning things up.

However, in papers Midwest Generation filed with the Securities and Exchange Commission this week, who knows when this clean up of Illinois air, water, and earth is going to take place.  Midwest Generation reports to the SEC that it will be taking “…the maximum time available…” to place pollution controls in its coal-fired power plants because … well, it can.  The company isn’t reporting that its going to miss a deadline, just that it’s not going to hurry up to meet it.

Till then, those six coal plants are gonna keep churning out their toxins and people are going to get sick from them.   How bad is this situation, really?

Well, consider the November 2010 Enviromental Protection Agency report on Midwest Generation’s Waukegan coal plant (read the full report here).  According to the EPA press release regarding the report (emphasis added):

… has caused up to $690 million in health and related damages in the last 8 years, according to a report released today by the Environmental Law & Policy Center (ELPC). The report uses data from the National Research Council finding that particulate matter (soot), from the Waukegan coal plant creates about $86 million in health and related damages annually. Overall, this coal plant has created between $520 million and $690 million in public health damages since 2002.

“The Waukegan coal plant is polluting our air, harming our health and draining our wallets,” said Howard Learner, Executive Director of the Environmental Law & Policy Center. “It’s time for Midwest Generation to be socially responsible and invest in modern pollution control equipment to clean up this old plant up, or shut it down.  Enough is enough.”

The Waukegan coal plant is located on the Lake Michigan shoreline in Northeastern Illinois, about 40 miles north of Chicago and 50 miles south of Milwaukee, Wisconsin.  More than 67,000 people live within three miles of the plant. The plant still operates using equipment built between 1958 and 1963, and Midwest Generation, the plant’s owner, has not installed modern pollution controls such as scrubbers….

According to Greenpeace, “… [c]hildren living in the Little Village and Pilsen communities surrounding these plants suffer from a 44% asthma rate. According to a Clean Air Task Force study, pollution from Fisk and Crawford kills 40 people every year….” As a result, Greenpeace is calling for closures of Midwest Generation coal plants.

Is politics at play here? Sure.  Are profits a concern?  Of course.  These coal plants have until 2018 to get things right.  Time for these victims to file a lawsuit for the harm they’ve experienced, the tragic deaths of loved ones and family providers they’ve suffered?  No need to wait there — those courageous plaintiffs may be able to do what the federal government and the non-profits like Greenpeace have not: find justice.

In our continued monitoring of the federal government’s introduction of its new safety measuring standards of Complaince, Safety, Accountablity (CSA 2010) upon the trucking industry, the latest news is the revelation of how truck drivers are being tracked under the new system as opposed to SafeStats, the old school version.  SafeStats measured trucking safety under three categories (the three Safety Evaluation Areas, or “SEAs”) whereas the new CSA 2010 analyzes seven different issues, or the its Behavioral Analysis and Safety Improvement Categories (“BASIC”).

A study performed by TransCore’s CarrierWatch of approximately 166,000 for-hire interstate trucking companies has just been released (read the entire report, or white paper, here), using the data provided in December 2010 by the Federal Motor Carrier Safety Administration. Among its findings:

• truckers can get CSA Alerts although their CSA scores are good;
• more truckers are getting CSA Alerts than those that got ’deficient’ ratings under the old SafeStat measuring system;
• there is no national cohesion in the CSA results, the BASIC scores as well as the number of CSA Alerts different, state by state; and
• Fatigued Driving, representing HOS violations,was the most common failure, with13% of freight carriers receiving an alert in that category.

Bringing the study’s results home, how did Illinois and Indiana fare?  Not too well.

According to the new report, both Illinois and Indiana were among the eight  Midwestern states receiving the most CSA Alerts for Unsafe Driving.  Moreover, Indiana was one of only five states across the country to get at least 50% more CSA Alerts than SafeStat deficiencies.  In other words, Indiana safety alerts jumped up over half again from the old school tracking system.  That’s a big jump.

Be careful out there – especially when you are sharing the roadway with a commercial truck, 18-wheeler, big rig, tractor-trailer, or semi.

Hours of service (HOS) for trucks and buses will rely upon technology, not handwritten logbooks, in the future as the Federal Motor Carrier Safety Administration issued a new proposed trucking industry regulaton on January 31, 2011. This will apply to any commercial truck or bus carrier crossing state lines, and the approximately 500,000 trucking companies that must conform are understandably unhappy with this new law.

Read the FMCSA press release, giving all the details of this new regulation, on the Department of Transportation website (here).

Last spring, FMCSA already required these gizmos to be used by trucking companies with a record of HOS logbook violations (that April 2010 rule becomes law in June 2012).

What do they do?

Electronic OnBoard Recorders automatically record the number of hours drivers spend operating the vehicle. Unless any sneaky truckers become very techno-savvy, the EOBRs omit the temptation to fudge on a HOS log.

Why should we care about this?

As DOT Head Ray LaHood explained in the news release, “We cannot protect our roadways when commercial truck and bus companies exceed hours-of-service rules, … This proposal would make our roads safer by ensuring that carriers traveling across state lines are using EOBRs to track the hours their drivers spend behind the wheel.”

What happens under the new law if someone doesn’t abide by it?

The federal government can assess a civil penalty of up to $11,000 for each offense, and the trucking company would also get penalized on its safety fitness rating and DOT operating authority.

Who’s complaining?

Trucking concerns like the Owner-Operator Independent Drivers Association, whose executive vice president was quoted in the Trucker News as viewing EOBRs ” …as nothing more than over-priced record keepers.”  He went on to criticize the action as another example of the federal government taking action in this recessionary economy that will result in damaging small business, since many small business owners are already running close to the red in their budgets and added costs like the gizmo may put them over the line, and out of business.

What do they cost?

You can find a bargain online.  For example, JJKeller is offering the following:

The $6 E-Logs, powered by J. J. Keller’s Encompass, are priced per driver per month and require a one-time purchase of an onboard recorder for $199. Once data is captured, J. J. Keller Encompass audits all of a company’s driver logs, providing them with online reporting and compliance information that can immediately improve their operation.

Seems like a reasonable price to keep truck drivers (and those with whom they share the road) safe, right?

Here’s some good news that we’re not hearing enough about:  in 2010, there was not a single fatality in the U.S. airline industry.  No one died – no passenger fatalities – none.  That’s a great accomplishment, in and of itself, but it gets better:  U.S. airlines also had zero passenger fatalities in 2007 and 2008.

Unfortunately, there cannot be a four year clean sweep, because in 2009 there was the tragic loss of 50 lives.  These fatalities were all from a single accident, on February 12, 2009, when a Colgan Air Bombardier Q400 turboprop crashed into a Buffalo, New York, neighborhood, killing everyone on board and one man on the ground.

Bottom line, one fatal plane crash in four years is an excellent and commendable safety record for the American airline industry – and they should be applauded much more than they are for this amazing accomplishment.  Kudos.

And, in that applause, due respect must be given to the increased governmental safety regulations that were implemented and which have resulted in this wonderful achievement.  It must be acknowledged that one of the primary reasons that we’ve only seen one fatal plane crash of the U.S. Airlines in all this time is because of regulations that have been passed and enforced by the federal government.  Agencies like theFederal Aviation Administration and the National Transportation Safety Board must share in these accolades.

Which brings us to the current attempts by regulators to increase the safety of the trucking industry and all the criticism of this endeavor.

CSA 2010 is the federal government’s program to make commercial trucking safer. The big trucking companies are very unhappy about these new regulations, complaining that it will destroy their profitability, force truck drivers to seek other careers, yadda yadda yadda — you get the idea.

For example, in December 2010 new hours of service (HOS) regulations were unveiled — read them here at the Federal Motor Carrier Safety Administration website — not to undermine the trucking industry, but to make sure that truckers are getting enough rest and sleep and time away from the wheel.  Sleepy, tired truck drivers are dangerous to themselves and to those with whom they share the road.  By regulating how much drive time they can have before taking a break is important.  It can save lives.

The trucking industry is crying out in protest of these new HOS regulations – as well as all of CSA 2010 – because it decreases profitability, increases costs, etc.  They need to have those trucks moving as much as possible to make their money.  Cut back on trucker road time, you hit their essence – it’s understandable that these companies are not going quietly into that good night.

Still, we have hopes that the federal regulatory agencies will eventually corral the complaints, via the courtroom if need be, and things will settle down in the trucking industry so sometime in the future — hopefully the near future — we can see trucking industry statistics similar to those that the U.S. airline industry enjoys today.  It’s doable, and it’s needed.

The weather reports are predicting an unprecedented winter storm will hit our area beginning today, and it’s tragic but true that some folk aren’t going to survive this onslaught.  It’s the duty of us all to try and keep that loss as small as possible.  Here are some tips for keeping safe during this massive onslaught of freezing temperatures, snow, and ice:

1.  don’t drive if you don’t have to do so, drive during the day and on main roads if you must, and all motorists should use extreme caution.   A toll-free phone number has been set up, so you can call and learn what the Illinois road conditions are like in advance: call 1 (800) 452-4368.

2.  along the roadways, look for National Guard troops positioned at certain rest areas (for example, along I-70) if you need help; both the National Guard and local law enforcement will be driving the roadways, looking for stranded motorists 24/7 during this storm.   They will have basic things like snacks, water, and first aid for those in need.

3.  watch out for your neighbors, particularly the elderly.  Seniors can be very vulnerable, very quickly in winter storms if they haven’t prepared in advance with filled prescriptions, adequate food, etc.

4.  prepare in advance for power outages – have water and food stored for emergency use, as well as blankets, flashlights, and charged phones.  Have kerosene and kerosene heaters at the ready (always refilling them outside).

5.  close off rooms that don’t need to be heated, it saves on fuel.

For more tips, check out FEMA.GOV.

The National Guard for both Illinois and Indiana have both been called into action.  This is a serious situation for our area.  For the latest information on the weather and storm conditions and other information on staying safe, see ready.illinois.gov.

James H. Wood was arrested last week for taking lots of money over the past two years from trucking companies who wanted him to look the other way as Mr. Wood did his job over in New York, as a truck safety supervisor for the the Federal Motor Carrier Safety Administration. Actually, Mr. Wood wasn’t just a worker bee: he was a supervisor for FMCSA in their Buffalo office (FMCSA being an agency within the Department of Transportation).

Now, James Wood is within another part of the federal system: he was arrested on federal felonies involving conspiracy and taking bribes by the New York branch of the U.S. Attorney’s Office, after being investigated by both the FBI and the Inspector General for the Transportation Department.   A formal complaint has been filed in the local federal court, delineating the charges against him.

Seems Mr. Wood took over $60,000 in the past two years from commercial trucking corporations in return for (1) letting the truckers know in advance about planned inspections of their big rigs, along with (2) letting his new pals in on “friendly audits,” that kept bad, dangerous trucks out on the roads as well as (3) instituting (presumably against his pals’ competitors) “complaint audits” against some companies.  This was apparently all very easy for a FMCSA supervisor to do.

Now, here’s the question:  how big is this investigation? Is Wood a bad apple or the first in a trend?

It is interesting that the FBI together with the investigative arm of the Department of Transportation are the two organizations involved here.  That’s a lot of big manpower to ferret out one, single evildoer.  This cooperative effort between the two agencies suggests that there’s more to this story than this one man.  Would it surprise anyone that James Wood isn’t the only inspector who’s on the trucking industry payroll?

Things are heating up for trucking companies with the new regulations coming into play.

New federal regulations regarding the number of hours that a truck driver can be on the road (hours of service) are going into effect this year.  Truckers must take 34 hours off between runs.  Truck drivers will now have to complete their loading (or unloading) as well as getting from Point A to Point B within 13 hours, with a mandatory one-hour break.  (Go here to read the FMCSA itemized list of HOS changes.)

This is all being done for safety reasons, of course.  To make commercial trucking on the road safer for all of us — truckers and those who share the roads with them.  However, it will cut into the profits of the trucking companies and they aren’t accepting these changes without a fight. Last week, for example, the president of the American Truckers Association wrote President Obama to challenge the effectiveness of the proposed regulations and litigation is predicted.

Maybe they’re doing other things, too — things that the FBI is going to share with all of us in the near future.

In the past, it appeared that things were finally changing for the better, with a steady decrease in the number of tragic, horrific deaths happening due to a collision between a person – walking or in a car, truck, or minivan – and huge, heavy, moving locomotive.  Things have changed.

In 2010, there was a twenty percent (20%) increase in the number of Illinois fatalities due to train accidents. This is a huge, significant jump.  What’s going on?

Railroad accidents usually result in death. The responsibility of the train tracks themselves, as well as the warning systems, is not with the government but with the owner of the railroad. The state governments are each responsible for their roadways leading up to the crossing. Needless to say, money plays a big factor in how safe railroad crossings are in America today. Railroad companies are watching their bottom line, and we all know the dire straits of 2011?s Illinois budget (see our previous post on cutting public services).

Operation Lifesaver is getting involved.

Operation Lifesaver is a national nonprofit organization dedicated to the eradication of railroad accidents and train fatalities.  From its website:

Operation Lifesaver’s mission is to end collisions, deaths and injuries at highway-rail grade crossings and on rail property through a nationwide network of volunteers who work to educate people about rail safety. Our national office in Alexandria, VA, supports state programs, developing videos, educational brochures, instructional information and other materials for audiences of all ages. Our state coordinators are located in all 50 states.

Already, the Illinois office of Operation Lifesaver has begun a media blitz aimed to educate everyone in Illinois about the dangers of any crash with a train – especially when you’re in a hurry, and thinking you are going to be able to scoot over the tracks and beat the train.  We applaud them for their efforts, and hope this post in some small way assists them in getting the word out about this growing danger to us all. 
Here’s a video from their latest awareness campaign.

Illinois is in big financial trouble according to the financial bigwigs over on Wall Street:Moody’s Investors Service reportedly ranks Illinois as having the lowest credit rating in the country (tied with California, which we all know isn’t good news) and Moody’s also predicts things are not getting better in the near future for the state.

Meanwhile, the Illinois Legislature is hitting the ground running as it makes critical budget decisions: there is a $13 billion dollar deficit – and millions in unpaid bills and missed pension fund payments. No one can avoid the reality that there will be severe cuts in public services, but who is going to be hit?

How will your family be impacted by the Illinois Budget Crisis?

Maybe not at all if the Illinois Governor gets his way, and the state borrows $15 billion to cover the shortfall.  If not, then California is providing an example, although severe public service cuts are being made in a number of states across the country: thousands of kids lose child care; young adults see an increase in tuition; state workers are laid off; and health care costs are slashed.

Which means the state safeguards in place to protect Illinois citizenry may be disappearing — and with them, an increase in the risk of individuals being harmed.  For many, the harms will simply have to be handled within the family.

Injury Lawsuits and Justice When Budgets are Slashed

However, if there is a serious personal injury or wrongful death because of scenarios like:

• a child is on the streets instead of day care;
• a lack of state inspection regarding compliance with boating regulations or hazardous road conditions, or
• a stressed-out unemployed worker fatally crashes his vehicle into an innocent family’s minivan

this budget crisis will not close the courthouse doors on justice.

Plaintiffs’ personal injury law firms have traditionally provided legal services on a contingent basis to their clientele.  This is not going to change with the current recessionary times.

It’s sad to predict that the loss of government services may have as an unintended consequence the serious personal injury or wrongful death of someone in the future, but it is very likely to be the reality.  At least, in these instances of personal injury lawsuits, Illinois budget cuts cannot cut justice out of our future.

We’ve written about the faulty DePuy ASR hip replacements and folks who have suffered from them have responded. So, we keep watch over what is happening with these bad products and with the lawsuits that are being filed against their manufacturer.

The latest development? The U.S. Judicial Panel on Multi-District Litigation has consolidated the various DePuy hip recall lawsuits and in an Order earlier this month, the Panel put all these cases, filed all over the country, into one courtroom to be heard: that of Judge David A. Katz in the U.S. District Court for the Northern District of Ohio.

From now on, Judge Katz will preside over all the various plaintiffs’ claims regarding the DePuy ASR hip replacement injuries.

And, we’re already seeing a growing number of new lawsuits being filed now that this consolidation order is in. Almost 100, in fact.

What’s going on?

As you’ll recall from our prior coverage of this travesty, Johnson & Johnson has a subsidiary company, DePuy Orthopaedics Inc., which is in the business of making and selling hip implants.

However, these particular products are metal-on-metal hip implants and they are defective. DePuy didn’t let anyone know about this, of course. Didn’t warn the doctors. Didn’t warn the folk who were having their product put inside their bodies.

Finally, the company issued a recall for the ASR XL Acetabular System and the ASR Hip Resurfacing System. And, the lawsuits began.

In fact, plaintiffs in Indiana and Illinois took the lead in filing suit against DePuy for the injuries they had sustained from these faulty hip replacement devices.

The number of people that may have been compromised by these faulty hip replacements is huge.  If you or a loved one has had a hip replacement, then please confirm what product was used — and if it was made by this company, have your situation evaluated.  By a doctor.  And a lawyer

Earlier this month, on November 3, 2010, the United States Supreme Court heard oral arguments in the wrongful death case of Williamson v. Mazda Motor of America, Inc.(hear the oral argument online here). This case is very important to us all because it may well mean that citizens can sue car manufacturers for personal injury and wrongful death even if the cars involved in the accidents technically met federal safety law requirements.

The Williamson lawsuit originates in a 2002 car crash where Thanh Williamson, 32, died while wearing a lap seat belt in a Mazda 1993 MPV minivan. Mazda’s defense is that Williamson was seating in the center position of the rear passenger seat and at the time, the car maker was only required to provide a lap band for this spot per National Highway Traffic Safety Administration (NHTSA) regulation.

And, that’s true. The 2000 federal regulations did not require that spot to have a shoulder strap seat belt. However, if one had been provided, Williamson probably would be alive today. And, if the crash had occurred in a minivan manufactured in 2007 or later, that seat would have had more than a lap belt: NHTSA changed its regulations to require this safety feature five years after Ms. Williamson died.

Will the High Court find that federal law preempts state law and rule for Mazda? Will the Supreme Court Justices rule instead that American citizens shouldn’t have to face federal law shields by car manufacturers in wrongful death personal injury lawsuits?

Time will tell. Expect a decision sometime in Spring 2011.

It’s nice when something positive comes out of Washington, and it appears that OSHA (Occupational Safety and Health Administration of the U.S. Department of Labor) is backhandedly doing just that.

This week, in a national news release, OSHA announced its concern that massive amounts of consumer shopping might endanger retail workers in the work place, and the agency is “encouraging” 14 major national retail companies to plan now, implementing precautionary measures to insure the safety of their retail workers during the holiday season. (Black Friday taking on a particular spotlight here.)

In fact, OSHA sent a letter with a fact sheet on “Crowd Management Safety Tips for Retailers” to the heads of these big store chains. Crowd control? Wow, that sounds like a good retail gift-buying frenzy of sorts. Just what our economy needs, right?

“Crowd-related injuries during special retail sales and promotional events have increased during recent years,” reports Assistant Secretary for OSHA Dr. David Michaels in the news release. “Many of these incidents can be prevented by adopting a crowd management plan, and this fact sheet provides retail employers with guidelines for avoiding injuries during the holiday shopping season.”

So, what does OSHA suggest as preparation? Its fact sheet suggests such things as: (1) trained security personnel or police officers on-site; (2) setting up barricades or rope lines for pedestrians and crowd control well in advance of customers arriving at the store; (3) having in place emergency procedures that address potential dangers; and (4) monitoring the number of customers in the store, and stopping folk from entering when maximum occupancy is reached.

Want to see what the CEOs received from OSHA? Read it here.

Happy Holidays, Everyone! Only 50 shopping days till Christmas!

Toyota announced yet another major recall today. Several Toyota models are involved (Highlander, Lexus, Avalon, and more) and so far the total number of vehicles impacted by the recall is estimated by the company at 1.53 million. Around 740,000 of these Toyota products are on the road right now here in the United States.

The impacted Toyota models are:

2005 Avalon
2006 Avalon
2004 Highlander (non-hybrid)
2005 Highlander (non-hybrid)
2006 Highlander (non-hybrid)
2006 Lexus IS250
2006 Lexus IS350
2006 Lexus GS300
2004 Lexus RX330
2005 Lexus RX330
2006 Lexus RX330

Apparently, some of these cars can experience a little leak of their brake fluid from their brake master cylinder lwhich can mess with the ability of drivers to brake (read that STOP) their cars.

If you drive a Toyota, then please check with your local dealer to insure your car is safe to drive. Don’t procrastinate here, it’s not wise to drive a recalled car on the road. As always, any needed repairs due to the recall are at no cost to you.

It’s on Toyota’s dime – you’ve just got to get your Lexus, or Highlander, or Avalon, into the dealership so they can do their repair(s)

Two

Italian newspapers have reported that a northwest Indiana "nose doctor" who disappeared in 2004 after allegedly bilking patients and Medicare out of millions of dollars was arrested Tuesday in Italy, the Northwest Indiana Post-Tribune is reporting. Mark Weinberger, 46, of Merrillville, Ind., was in a hospital in Aosta with minor neck injuries after trying to commit suicide with a box cutter. Known locally as "The Nose Doctor," Weinberger, an otolaryngologist, disappeared in September 2004 while on vacation with his wife in Greece after abandoning his Merrillville Center for Advanced Surgery, and The Nose and Sinus Center. When he disappeared, Weinberger was said to be $5.7 million in debt, and would soon face sanctions, lawsuits and criminal charges. Weinberger's medical license was revoked after the Indiana Attorney General's office charged him with numerous counts of insurance fraud, gross overbilling, billing for unnecessary surgeries and for services not rendered. Weinberger faces a 22-count indictment when he gets back to the United States. Valparaiso attorney Kenneth J. Allen is suing Dr. Weinberger on behalf of more than 60 patients he says Weinberger misdiagnosed. One of them, 50-year-old Phyllis Barnes, died. "This man is a disgrace. Phyllis went to Dr. Weinberger with a sore throat and Dr. Weinberger gave her the same diagnosis that he gave thousands of other people. You have a deviated septum and nasal polyps, and you need surgery," Allen said. Barnes' sister, Peggy Hood, says it broke her heart to watch a vibrant social worker, who loved to help people, waste away in a period of six months as she battled throat cancer. Hood is happy Weinberger will be brought back to justice in the United States. "I, right now, could not even talk to the man. I have such hard or strong feelings against him that there's nothing I would say to him right now," Hood said. Allen says a panel of doctors in Indiana has already found Weinberger negligent. Other patients affected include a 9-year-old eventually found to have brain tumors.

By Ken Kosky - ken.kosky@nwi.com | Friday, November 20, 2009  |

VALPARAISO | A woman who suffered a brain injury when her vehicle was crushed beneath a semi trailer three years ago on Interstate 94 was awarded $5.22 million by a jury following a two-week trial.

By JOSEPH DITS, Tribune Staff Writer

In September 2006, 9-year-old Juan Loera choked on a turkey corn dog as he sat with classmates at LaPorte's Haillman Elementary School.

A custodian rushed over to help him. So did nine other staff members. They tried the Heimlich maneuver. Then a police officer arrived and tried the maneuver. Paramedics came and removed the obstruction, but Juan eventually died in a hospital.

On Friday, a jury in LaPorte Circuit Court awarded a $5 million lawsuit against the LaPorte Community School Corp. The attorneys who filed that suit in behalf of Juan's mother, Maria Rosales, claimed the staff was inadequately trained to deal with the emergency.

“We feel our staff did everything possible,” LaPorte Superintendent Judith A. DeMuth said Monday.

Calling the death a “most tragic event,” she said, “Our hearts and thoughts are with that family.”

Kenneth J. Allen, head of the law firm that filed the suit, said he doesn't fault the staff who tried to help the boy. Rather, he argues that the school had a plan for dealing with emergencies like this but didn't implement it. Specifically, he said, the staff lacked training in CPR and the Heimlich maneuver.

The school district won't have to pay more than $500,000 because of the state's limit on what may be collected from a government entity, Allen said. The school district has 30 days in which to file an appeal, and DeMuth said it's too soon to talk about that.

But the money isn't the point, Allen said: “If we can prompt one school to implement these plans in the 92 counties of Indiana, then we will have done what we set out to do.”

Some local school districts report that they don't have a plan for cafeteria emergencies, but they do make training available to their staffs.

Juan's choking death in 2006 “increased our awareness,” said John Hutchings, director of student services for Elkhart Community Schools. It caused district officials to look and ensure that at least some of its food service employees were trained in the Heimlich maneuver in each cafeteria, he said.

“We think we're pretty well covered,” he said.

CPR training is required of Elkhart's night custodians, who are in the buildings when adults from the community play in basketball and volleyball leagues, he said. But training in CPR and use of a defibrillator is available to any other employees who want it, Hutchings said.

After the death, LaPorte school officials said they'd ensure there was someone in each school building who was trained in the Heimlich maneuver.

“We are going to continue to make student safety a top priority,” DeMuth said. “We've continued our training in life-saving techniques.”

In January, a kindergarten teacher and a program assistant helped a teacher's aide who was choking at Horizon Elementary School. The pair used their emergency training to dislodge whatever blocked the woman's breathing, said Teresa Carroll, spokeswoman for the Penn-Harris-Madison School Corp.

About a year ago, the lead cook at Battell Elementary School did the Heimlich maneuver on a kindergartner who was choking on a chicken nugget, The Tribune reported. In the article, a School City of Mishawaka official said all food service workers attend a meeting where they see a demonstration of choking responses.

Since 2007, Indiana law has required that newly licensed teachers be certified in CPR and Heimlich maneuver, though it doesn't require that for license renewals. The training for both methods is typically done together. CPR certification lasts for two years.

Neither PHM nor the South Bend Community School Corp. require CPR or Heimlich maneuver training of their cafeteria staffs. With such large school districts, officials there had a hard time assessing how many staff at each school are trained.

But PHM trains about 60 staff members a year in the procedures, Carroll said. All child care workers are trained in CPR, Carroll said of the schools with child care. Each PHM school has a safety team, and several of their members are CPR trained, she said.

South Bend offers training twice a month to any staff who want it, said communications director Sue Coney; employees pay $10 for the four-hour class.

In the John Glenn school district, all five kitchen workers at Walkerton Elementary School are trained in CPR, along with the custodian and two secretaries, said Tim Davis, principal of the school with 480 students.

BY TIMES STAFF | Posted: Friday, July 17, 2009 12:00 am |

VALPARAISO | Northwest Indiana injury attorney Kenneth Allen and wife Nina watched Thursday as children at Hilltop Child Daycare received Kinderprint Child Identification kits. The Allens funded the purchase of those kits for every kindergartner and first-grade student in Lake, LaPorte and Porter County schools with a $20,000 donation to the United Way serving those three counties.

Editor's Choice for Best Guy to Have on Your Side if You've Been Injured

NWI.com

http://nwitimes.com/bestof/page.php?q=101

Kenneth J. Allen & Associates isn't just the best personal injury law practice in Northwest Indiana—it's one of the best in the nation. The firm routinely tops lists of judgments won for its clients—$135 million and counting since 2000—and has won million-dollar verdicts every year since '03. Accolades such as being named among the 500 leading lawyers in America by national legal publications hang on the walls of founder Ken Allen's office.

“During my trial, there were a lot of out-of-town lawyers who I found out later came to watch him work,” recalls Brian Gulley, a former Kenneth J. Allen & Associates client who engaged the firm after suffering a severe head injury on the job. (Allen's specialty is trial presentation.) “I didn't realize just how good he was until then.”

Gulley describes Allen as “a blue-collar guy in a white-collar job,” an apt description as Allen grew up working in the steels mills and on the railroads of the region.

“I liked the work, I liked the people I worked with, and there was a great seduction to stay there,” Allen recalls, but his father, also a steelworker, made him promise to keep up with his education and escape the factory grind.

Allen kept his promise, but never forgot his roots, which helps to explain his continuing passion for helping people who have been hurt by corporate negligence. For Allen, it's about not only justice for the client, but also protecting future workers.

He recalls one case involving a young man who had been crushed in a piece of machinery at work. “We hired engineers who showed how, for a few hundred more dollars, the machine could have been designed so that it would have been impossible for the accident to have happened,” he says. After successfully arguing the case, the company turned around and asked for all those materials. “Now,” Allen says, “no one will ever get hurt that way again.

“A lot of lawyers lose sight of that,” he adds. “The whole point of this area of law is injury prevention. If those who do wrong are held accountable, they won't do it again.” The big judgments for which personal injury lawsuits are often criticized are key to this, Allen holds, pointing back to the previous example. “If it becomes more expensive to do wrong, people will do it right from the beginning,” he says.

If that should ever come to pass, Allen acknowledges he'd need to find a new line of work. “But that's the kind of problem you'd like to have,” he says.

Kenneth J. Allen & Associates only takes about one out of every ten cases that come through the door. “Our first priority is the client, and then, how can we align that with the best interests of others,” Allen explains. Those cases which are accepted get attention across the firm. “We have 7 a.m. meetings where we put one case on the table, and you have seven or eight smart people looking at one problem, so you will get a smart answer,” he says. “I've never seen an insurance company put eight lawyers on one matter. We do that every week.”

All the firm's lawyers are specialists in personal injury law, and often specialists in a particular branch of that law. “There's not one lawyer here who could write a will,” Allen says. “But my partner knows more about trucking than anyone—his dad was a trucker, he drove a truck—we have another partner who is interested specifically in medical negligence and so on. It gives us a much higher level of knowledge than our opponents.”

But perhaps the real secret to Allen's success is simply that he loves what he does. “You hear people say all the time, 'oh, I hate my job,'” he says. “There's not a part of this job I don't love. It's not work at all.”

By Network Indiana
3/4/2009

A Merrillville surgeon who ran a sinus clinic and is now a fugitive has been found guilty of medical malpractice in the death of a patient.

50-year-old Phyllis Barnes died of throat cancer in 2004, but Dr. Mark Weinberger had diagnosed her as needing sinus surgery.

Shortly before she died, Weinberger abandoned his medical practice, deserted his wife and fled to Greece.

Malpractice claims in Indiana are judged first by a panel of three randomly selected physicians to hopefully avoid a jury trial.

In this case, attorney Kenneth Allen says the panel unanimously found Weinberger guilty of negligence in Barnes' death.

But Weinberger's insurance company refuses to pay the judgment since he's a fugitive and won't cooperate.

Allen maintains the Indiana Department of Insurance should pay the judgment instead so the Barnes family can avoid a jury trial.

Allen says there are hundreds of cases pending against Dr. Weinberger, but so far this is the first and only case to be decided.

By Bob Kasarda
| Wednesday, March 04, 2009

VALPARAISO | Attorney Ken Allen and his client should be celebrating this week's news they won a malpractice judgment against a former Merrillville physician who gained national attention after disappearing five years ago.

But Allen said the victory is bittersweet in that Indiana law has allowed bankers to get to Dr. Mark Weinberger's assets before his client, who will now have to wage another costly and lengthy legal battle in hope of receiving a judgment capped at $1.25 million in the death of Valparaiso resident Phyllis Barnes, 50. She died after her cancer was misdiagnosed by Weinberger as a sinus condition, he said.

The delays and caps that were made part of the state's malpractice laws during tort reform in the late 1980s do a better job of protecting bad doctors and the insurance industry than the public, he said.

Allen said he won the first malpractice judgment against Weinberger from a panel of three physicians, which is the required first step when such cases are filed in Indiana.

There are other civil malpractice lawsuits pending against Weinberger, including other clients represented by Allen.

The panel review in the Barnes case was dragged out for five years as a result of the current system and Allen's failed attempt to lay claim to Weinberger's assets along with the creditors.

The Indiana Department of Insurance has the discretion to respond to the panel's finding by paying out up to $1.25 million to Barnes' family, Allen said. But with little confidence that will happen, Allen said he plans to file a malpractice lawsuit in Lake County. Any judgement against the doctor would be paid out of the state's patient compensation fund.

Allen said he is using the case to shed light on what he sees as injustices in the state's tort reform laws. He downplayed the perception the changes were needed to protect against "runaway verdicts" by saying there are plenty of opportunities to appeal rulings in the courts.

Weinberger, who was featured late last year on the "America's Most Wanted" television show, remains at large, Allen said.

Lawyers USA

By Sylvia Hsieh

BY BRIAN WILLIAMS
Tuesday, November 25, 2008

VALPARAISO | From 200 to 300 victims of September's flooding across the region received a measure of help in the form of a turkey dinner with all the trimmings Monday at Strongbow Inn.

Lisa and Randy Dammarell, of Hobart, said they appreciated being able to go out for a nice meal with their children Colton and Nicole.

After 7 feet of water shut down their business, Lake George Bait and Tackle, they were hit with a Catch-22 in seeking assistance, Lisa Dammarell said.

They were turned down for a loan by the Small Business Administration because with their source of income gone, they were deemed a poor risk for being able to pay back the loan.

So as they work to reopen the business, the formal dinner was a very generous offer, she said.

The dinners, which will continue with two more seatings today, were the gift of Valparaiso attorney Kenneth Allen.

The event was an acknowledgement, Allen said, "that all of us suffer when some of us suffer." It was an attempt to show the flood victims that people care. "It's nice to do something for others when we can."

Allen attributed the idea for the dinners to his wife, Nina, and thanked the United Way for logistical help in publicizing the event and distributing tickets.

Theodis and Wallynda Clayborne lost furniture and appliances when 18 inches of water flooded their Gary basement. More painful was the loss of irreplaceable items such as baby photos, holiday decorations their three kids made and daughter Jailynn's christening dress.

"That can't be replaced," Wallynda Clayborne said. "You can't put a money amount on that."

The Strongbow dinner, Theodis Clayborne said, was "a blessing."

Maggie Valene, who also lost furnishings in the basement of her Gary house, also appreciated the dinner.

"It's wonderful. It make you feel nice," she said.

Valene saw homes worse off than hers in the disaster, so she chose to look on the positive side.

"We survived," she said. "It could be worse."

Staff Report

CHICAGO - Injury Attorneys Kenneth J. Allen & Associates sponsored the Youth Summit 2008 in Chicago's Washington Park on Saturday, August 23rd. The firm underwrote about one-third of the event's total costs, which was held in conjunction with 35 Chicagoland churches, the United Churches for Christ and the International New Vision Outreach Ministries (INVOM). The Youth Summit is a yearly event geared toward helping disadvantaged youth on Chicago's South Side refocus their lives.

Chicagoland job placement, outreach and city officials came together at the event to offer young South Siders positive alternatives to the streets such as after-school programs, employment opportunities, counseling services and guidance. Entertainment included a concert by local recording artist, Platinum Souls, the Nubian ensemble dance team and a tumbling group, Tumbling for Success.

Kevin L. Tuggles of INVOM said, “The breakdown in family structure in the inner-city has left many youths void of true family structure, morals, and values, leaving them to retreat to the streets and gangs for a sense of 'family belonging.' We must get together as a community to instill the values, morals, and hope in our youth, while they are still in their most impressionable and formative years of life. We hope that these positive values will continue to be the driving factors in life as they mature.

Tuggles thanked Mr. Allen “for his sponsorship, contribution and support...your generosity will help us in our endeavors to help others.”

BY KEN KOSKY
http://www.nwi.com/articles/2008/08/30/news/porter_county/doc50d36aac0be03b7d862574b4007e8050.txt
219.548.4354 | Saturday, August 30, 2008 |

One of the workers who was badly burned by flames in a molten steel accident a year ago at ArcelorMittal's Burns Harbor plant filed a lawsuit Friday seeking more than $55 million.

The worker, Jeremy Schoon, 31, of Valparaiso, filed the lawsuit before Chief Lake Superior Court Judge John Pera.

Attorney Kenneth J. Allen, whose firm is representing Schoon, said Schoon has incurred more than $1 million in medical bills and is physically and emotionally scarred for life as a result of being burned on 60 percent of his body. Allen seeks at least $5 million in personal and monetary damages and at least $50 million in punitive damages.

"As the mills make record profits, death and injury to steel workers continues to increase. Something needs to be done to stop it," Allen said. "The goal of our suit is to send a message to the steel mills and the contractors they hire: Change your business model. Put worker safety first, above increased profits, not the other way around. This is an especially important message on Labor Day."

The lawsuit targets ArcelorMittal; EQ Engineers, which did design work at the facility; and Graycor Industrial Constructors, Inc., which constructed EQ's design work.

Schoon was one of seven workers burned Aug. 28, 2007, when flames and molten steel shot out of a basic oxygen furnace. Although the victims were wearing protective clothing, the heat was so intense they were burned.

Allen said companies like ArcelorMittal should be using some of their record profits to increase safety, but he said safety is actually decreasing.

Schoon's wife, Veronica Schoon, said her husband's life is forever changed, as daily stretching, medication and therapeutic baths consume his time.

She said the hardest thing for her husband is "not being able to do with the children what he's always done."

The Schoons have three children, ages 2, 7 and 10. Veronica Schoon said her husband, who was hospitalized for about a month, is back to work, but in an office because he must be in a temperature controlled environment for the rest of his life.

"It's been hard," Veronica Schoon said, crying.

Allen said Schoon is the first of the seven injured men to file suit, but he expects others to follow.

A spokesperson for ArcelorMittal did not return calls seeking comment.

BY KEN KOSKY
219.548.4354 | Friday, August 01, 2008 |

VALPARAISO | A Valparaiso construction worker -- paralyzed when an "untrained" and "incompetent" heavy equipment operator struck him in the head with an excavator shovel and knocked him into a hole -- will get a handicapped-accessible van, a scooter and perhaps a home.

Bruce Johnson, who is in his mid-60s and currently being cared for by his sister in Florida, is getting a $2.2 million settlement from the responsible parties.

Attorney Kenneth J. Allen negotiated the settlement for Johnson after another Porter County attorney and some Chicago attorneys were unable to help him and declined the case.

"I'm very thankful to (Allen's law firm) for winning my case, especially after the Chicago lawyers all said it couldn't be won," Johnson said.

"This settlement is going to make my life easier and give me some freedom."

Allen said, "It's nice to be able to help somebody."

"It (the settlement) was all he could possibly get, and coming into it he was looking at getting nothing essentially."

Allen said injury victims generally can't sue their own employer, but rather just get workmen's compensation. Johnson and the heavy equipment operator both worked for companies owned by the same individual.

"There are exceptions to that rule (that employers can't be sued)," Allen said.

The defendants in the case were Local Service LLC; Roger Tomlinson, who controlled the job site; M.T. Broviak LLC; Roland Machinery Co.; Mark Fisher, equipment operator; and Komatsu America Corp.

Although the terms of the settlement were sealed, the facts were spelled out in court documents Allen filed Thursday to protect his client from a previous attorney. One of the attorneys is trying to collect more than $10,000 in attorney's fees even though he ended up not helping Johnson.

Johnson was struck April 14, 2004, by a 16-ton excavator operated by a man with no special training, who didn't know standard hand signals for operating heavy equipment, who was an accountant by education and who had a history of embezzlement and forgery, according to court documents. Documents also say the excavator had a broken, missing or defective side mirror.

As a result of the accident, which occurred at a residential construction site at 4407 Goodrich Road in Valparaiso, Johnson became paralyzed. He has limited use of his upper extremities.

Allen said the settlement will pay the hundreds of thousands of dollars in medical bills and pay for Johnson's continuing care. Before becoming a construction worker, Johnson worked at Bethlehem Steel for 36 years until it went bankrupt.

"At least this (settlement) gives him some mobility, some ability to engage in life again," Allen said.

BY BOB KASARDA
Monday, June 23, 2008

VALPARAISO | A jury is expected to be chosen this afternoon to hear the case against an Ohio truck driver accused of running a red light on Ind. 49 and killing a 91-year-old driver.

Sampson Boadi, 42, of Columbus, is charged with felony counts of reckless homicide and criminal recklessness and misdemeanor counts of criminal recklessness and reckless driving in connection with the crash at 12:30 p.m. Oct. 8, 2006, at the highway's intersection with County Road 400 North, or Vale Park Road.

Boadi is accused of running a red light while traveling north on Ind. 49 and striking a westbound car driven by Earl Eaton, of Liberty Township.

Eaton died as a result of chest injuries, according to emergency officials.

The case will be heard in the courtroom of Porter County Superior Court Judge Bill Alexa.

Deputy Prosecutor Andrew Bennett will pursue the case, and Eaton will be defended by attorney Gary Germann.

Surviving family members of the accident victim filed a wrongful death civil suit against Boadi and trucking firms Q.S. of Illinois, Quality Services and Hub Group.

The suit accuses the trucking companies of negligence for hiring and retaining Eaton, who had prior violations of Federal Motor Carrier Safety Regulations, according to attorney Kenneth J. Allen.

The offenses include logbook violations, Allen has said.

The lawsuit seeks an unspecified amount of money.

LEADERSHIP IN LAW
| Wednesday, April 30, 2008 |

Kenneth J. Allen Attorney and Principal, Kenneth J. Allen & Associates, Valparaiso

Indiana University School of Law – Bloomington

Kenneth J. Allen is recognized as a foremost plaintiff lawyer in personal injury and wrongful-death cases, leading Indiana in million dollar verdicts for the last several years. He often speaks at continuing legal education seminars about personal injury and accident litigation. But Allen is also known in the community for his success outside of the practice of law. 

He has made financial contributions to various programs and organizations, such as Unite 2 Fight Paralysis and the Northwest Indiana Spinal Cord Injury Walk; Pro Bono Volunteer Recognition Night of the First Judicial District Pro Bono Committee; and Hilltop Neighborhood House, which helps families and children in Porter County. Allen sponsors "Teachers of Excellence:' which recognizes outstanding local teachers. 

For the past 10 years, Allen and his wife have donated tens of thousands of dollars to buy Christmas gifts for northwest Indiana children. Last year, according to a news report, the Allens gave $50 to every child living in area shelters during the holidays, which was distributed by the United Way partner agency shelters in the form of gift certificates.

It's Allen's generous work with the United Way that has positively impacted the community the most.  Through his donation to the agency, every kindergarten-age child in Lake, LaPorte, and Porter counties' public and private schools received a child identification kit, which included identification bracelets and instructions for taking fingerprints. 

The United Way of Porter County has recognized Allen and his wife as leading contributors to its annual campaign. He's also been a recipient of the Child Safety Advocate Award given by the Indiana University School of Medicine and the Indiana Safe Kids Coalition.

Results are important, but Indiana lawyers are prohibited from advertising statistical data or other information based on past performance.

Feel free to contact us by telephone or in person at our office and we will be happy to discuss our prior cases with you. In the interim, feel free to browse our website for related stories to our cases.

http://www.kenallenlaw.com/news.htm

BY KEN KOSKY
kkosky@nwitimes.com
219.548.4354 | Wednesday, December 06, 2006

VALPARAISO | Northwest Indiana attorney Kenneth J. Allen and his wife, Nina, have played Santa for several years by buying hundreds of Christmas gifts for needy children.

But this year, they are trying something different -- giving away $50 gift cards for children who will spend this Christmas in a homeless shelter or domestic violence shelter in Lake and Porter counties.

Allen said the change will accomplish the goal of making sure children in need have presents, but also will give parents a good feeling by letting them pick out gifts they know their children will like.

"This way parents in shelter can play Santa Claus for their own children," Allen said.

"Hopefully, this will strengthen the bonds between parents and children and bring happiness to these families in need this Christmas."

Allen said there are more than 150 children housed in shelters now, and he said an additional 100 could land in shelters by the end of the year. The Allens gave $12,500 -- enough for 250 children -- to the United Way for distribution to children in its partner shelters.

Allen said he and his wife will make an additional contribution if additional children are in need. If the $12,500 contribution proves to be too large, the shelters can keep the money for birthday presents, Allen said.

BY KEN KOSKY
kkosky@nwitimes.com
219.548.4354 | Friday, October 12, 2007 |

VALPARAISO | A young woman who was rendered a paraplegic when the car she was riding in was struck by a semitrailer five years ago will receive a $24 million settlement from the semi's owner and its insurance carrier.

Lisa Keppen, of Porter County, will receive payments for the remainder of her life, according to the settlement her attorney, Kenneth J. Allen, negotiated for her.

Allen said the money will ensure Keppen's health care will be taken care of for life.

"She would give that money back in a heartbeat if she could erase the tragedy," Allen said.

Keppen, 20, suffered a spinal injury on June 19, 2002 when a USF Holland semitrailer eastbound on U.S. 12 turned in front of the car Keppen was riding in. The crash occurred at U.S. 12 and Kansas Avenue in the Pine Township section of Porter County.

The crash caused Keppen to lose her ability to walk and control her bowel and bladder functions, according to court documents. The documents state she suffers chronic pain and depression, and will require assistance from others for the rest of her life -- an estimated 61 more years. Her medical care will cost an estimated $5.7 million.

"Apart from her economic damages, Lisa has suffered enormous human loss as a result of her injury including: the permanent loss of a normal life, constant and intractable physical pain, emotional suffering and, of course, disfigurement," Allen states in court documents.

Allen alleged USF failed to properly train, test and supervise its drivers. USF didn't admit negligence, but offered a settlement, according to court documents.

BY KEN KOSKY
kkosky@nwitimes.com
219.548.4354 | Saturday, October 06, 2007

PORTAGE | A Portage jury on Thursday awarded $1.25 million to an area resident whose foot was run over and badly crushed during an accident four years ago.

The injured man's attorney, Kenneth J. Allen, said the verdict appears to be an Indiana record for this type of injury and the highest ever awarded in a courtroom at the North Porter County Government Center in Portage.

"The jury worked hard to do the right thing, deciding that this injury will have life-long consequences to Aaron (Jones, the injured man), whose life expectancy is 57.8 more years," Allen said.

"The jury took into account the fact that he can't come back to court 10 years from now when his condition becomes more disabling, so the verdict included money for future problems. The jury's verdict was fair and just."

Jones, 23, who lived in Valparaiso but who now lives in Hammond, was struck Dec. 13, 2003, on Interstate 65 in DeMotte. Jones was a student returning from Indiana University Bloomington in a pickup truck driven by Ray Ramirez III, 25, of Valparaiso. Ramirez spun out on the black ice he encountered on a northbound bridge. He truck hit a guardrail and became disabled, blocking the northbound passing lane.

While Jones attempted to move the truck off the road, Mark Franciose, 19, lost control of his car and hit the guardrail and disabled pickup truck, running over Jones' foot and crushing bones.

"My passion is geology and this injury makes it difficult for me to do my job and complete my doctorate," said Jones, who is working for the Indiana Geological Survey and who is pursuing a doctoral degree in geology.

"The jury's verdict will help me focus on my career goals without worrying over medical bills I can't afford."

The jury served under Porter Superior Court Judge Jeffrey Thode.

BY BRIAN WILLIAMS
bwilliams@nwitimes.com
219.548.4348 | Friday, June 15, 2007

VALPARAISO | Tainted Peter Pan peanut butter led to the salmonella poisoning and kidney failure of 11-year-old Krystina Brugh of Lowell, her family alleges in a lawsuit filed Thursday against ConAgra Foods in U.S. District Court in Hammond.

The suit claims the nation's food supply is at risk due to inadequate oversight and calls for overhaul of the U.S. Food & Drug Administration.

The girl will undergo a kidney transplant Monday, receiving a new organ from her father, the family said at a morning news conference at the Valparaiso office of attorney Kenneth Allen.

The suit seeks unspecified compensatory and punitive damages.

The family wants changes in the nation's "broken system" of food inspection that allow food manufacturers to be self-policing, Allen said.

The FDA cannot force plant shutdowns or force recalls and has no subpoena power, Allen said as he called for the agency's food safety functions to be dismantled and replaced by single agency responsible for food safety.

The February salmonella outbreak and recall of Peter Pan and Great Value peanut butter manufactured at a ConAgra plant in Georgia, Allen said, resulted from inadequate inspection, questionable testing and unsanitary procedures.

Krystina, a cheerleader, gymnast and Girl Scout, was first diagnosed with stomach flu, Allen said. When salmonella poisoning was discovered, it "ravaged her kidneys" and led to months of kidney dialysis and the upcoming transplant.

The lawsuit was brought to protect other consumers and families, Allen said.

"We're not in this for a settlement," Allen said. "We're in this for some change."

Krystina's parents, John and Christina Brugh, said Krystina fell ill in late January after eating peanut butter, her favorite food, two weeks before the FDA announced a recall of the ConAgra product for suspected salmonella contamination.

Stephanie Childs, a spokesperson for ConAgra Foods, said she couldn't comment on the lawsuit, as the company had not seen it yet.

On Feb. 14, ConAgra initiated a voluntary recall of Peter Pan peanut butter based on information from the FDA drawn from a report of the Centers for Disease Control, Childs said.

"It is of deep concern to us that any consumer may have been harmed" by a ConAgra product, Childs said. The company is addressing each complaint of illness from tainted food as appropriate, she said.

BY BOB KASARDA
bkasarda@nwitimes.com
219.548.4345 | Wednesday, December 06, 2006

VALPARAISO | An Ohio truck driver, already facing criminal charges for a fatal crash along Ind. 49, has been named in a wrongful death lawsuit.

Surviving family members of accident victim Earl Eaton filed the civil lawsuit Monday against driver Sampson Boadi, and trucking firms Q.S. of Illinois, Quality Services and Hub Group.

The suit accuses the trucking companies of negligence for hiring and retaining Eaton, who had prior violations of Federal Motor Carrier Safety Regulations, according to attorney Kenneth J. Allen.

The offenses include logbook violations, he said.

"That kind of person should not be on the road, at least as a professional driver," Allen said.

The lawsuit seeks an unspecified amount of money.

Boadi, 41, of Columbus, made an initial court appearance last month and pleaded not guilty to felony counts of reckless homicide and criminal recklessness, and misdemeanor charges of criminal recklessness and reckless driving.

He is accused of running a red light Oct. 8 at County Road 400 North (Vale Park Road) while driving north on Ind. 49 and striking a car driven west by Eaton, 91, of Liberty Township.

Eaton died as a result of chest injuries, according to emergency officials.

If found guilty, Boadi faces between two and eight years behind bars on the reckless homicide charge and up to three years on the criminal recklessness count.

BY KEN KOSKY
kkosky@nwitimes.com
219.548.4354 | Friday, October 06, 2006

A jury on Thursday decided that Ted K. Fields was in bad hands with Allstate and awarded the Valparaiso man $20 million.

Fields' attorney, Kenneth J. Allen, said the jury's decision supports his contention that Allstate acted in bad faith against its customers, and he hopes the verdict sends a message to Allstate and other insurers to treat their customers fairly.

Allen said Allstate has had a policy for the past decade that gives its policyholders two choices -- accept a poor settlement or face a long, drawn out legal fight. He said insurers traditionally pay out 70 cents on the dollar for claims, but Allstate began paying 52 cents on the dollar in order to return millions to shareholders.

Allstate disagrees with Allen's assessment and the decision of the jury in Lake Superior Court Judge Diane Kavadias-Schneider's court.

"We disagree with the jury's verdict and we're disappointed in the resulting damages award," said Karen Spica, senior corporate relations manager.

"Allstate believes the decision in the case by the Appellate Court in Allstate's favor was correct and we will pursue a further appeal to the court. Allstate's claim processes are sound. Our goal is to investigate, evaluate and promptly resolve each claim fairly and on its merits."

The case against Allstate almost didn't go to trial because of an Appellate Court ruling, but the Indiana Supreme Court vacated that decision.

Allen said Fields, 50, who is now retired on disability from his job as a steelworker, suffered spinal injuries in a 1995 crash. After the insolvency of the insurer for Jimmie Woodley, 57, of Gary, the driver who caused the crash, Allstate became responsible under the uninsured motorist coverage it sold Fields.

Fields suffered $7,000 in medical bills and $18,000 in lost wages, but Allen said Allstate forced Fields into a nearly 10-year battle. Allen said many people yield to Allstate's tactics, but Fields would not.

Allen said a doctor and psychiatrist testified during the two-week trial that the stress caused by Allstate's actions contributed to Fields' rise in blood pressure, which led to heart problems and a stroke.

"All I ever wanted was to get my car fixed and my bills paid, but Allstate turned my claim into World War III," Fields said in a statement.

Allen said he believes the $20 million verdict is the largest bad faith verdict ever rendered against an auto insurer in Indiana.

"When Ted was hurt by an uninsured motorist, he believed he was in good hands...," Allen said.

"He soon realized Allstate's good hands were in reality boxing gloves."

Allen said insurance customers have a right to having their claims paid in full and anything less "is flat wrong."

August 17, 2006

Tona Kunz, Daily Herald Staff Writer

An Aurora family is suing the city and its fire department claiming slow ambulance service led to the death of the family's patriarch.

Sheri Myers filed the lawsuit this month on behalf of herself and her three brothers over the death of their father, Vernon Panega.

"It really is everyone's worst nightmare," said Kenneth J. Allen, the Chicago attorney hired by the family. "Ambulances should run. We think a message needs to be sent that this is not the way to run a fire department or emergency service."

According to the lawsuit, Panega experienced breathing difficulty March 9

and an ambulance was called to take him to the hospital. The ambulance arrived, but was unable to leave with Panega because of an undisclosed problem, likely mechanical or fuel related, Allen said. Panega waited about 45 minutes before he was taken in an ambulance, and during that time he suffered a heart attack and brain injury due to reduced oxygen, Allen said.

The 82-year-old who had been in good health prior to the ambulance call never recovered and died July 1, Allen added.

The lawsuit seeks an undetermined amount of money for negligence and wrongful death, claiming the fire department failed to maintain its vehicles and lacked a plan for when vehicles do not operate. The suit says the ambulance was parked in such a way that it blocked other vehicles, prohibiting someone from moving Panega to another vehicle to get him to the hospital.

Aurora fire officials and the city attorney could not be reached for comment.

Sheri Myers, who serves as executor of her father's estate, declined comment.

© 2006 Daily Herald Record Number:

870784

Daily Herald

BY KEN KOSKY
kkosky@nwitimes.com
219.462.5151 | Sunday, August 13, 2006

The family of a Valparaiso motorcyclist killed when a truck smashed into him filed a $30 million wrongful death lawsuit Friday in LaPorte Superior Court.

The crash that killed Larry Davis, 43, occurred June 15 at U.S. 421 and County Road 300 North in LaPorte County. Davis, who is survived by his wife, Darcie, two daughters and four step-children, was operations manager at National Intermodal Services in Chicago.

Police reports state 20-year-old Adam Deutscher, of Michigan City, was driving a Suburban and may have fallen asleep before driving into Davis, who was stopped waiting to turn. A witness told police Deutscher continued driving "with a person on the front of the truck with arms in the air."

Deutscher's vehicle, with Davis still on it, ended up swerving into the opposite lane and striking another vehicle.

"This is one of the most horrific deaths I've come across," said the family's attorney, Kenneth J. Allen.

The lawsuit names Deutscher and his family's company, The Masonry Stop Inc., as defendants. Allen said Deutscher was working for the company at the time of the accident.