Missouri Injury Lawyers Blog

Chrysler Recalls Jeeps and Rams

Tue, 14 May 2013 14:08:26 -0600

Chrysler is recalling more than 300,000 Jeep Cherokees, Jeep Commanders, Jeep Wranglers and Dodge Ram trucks in the U.S. for multiple problems. There are three separate cases. In the largest case, 295,345 model-year 2005-2010 Jeep Grand Cherokees and model-year 2006-2010 Jeep Commanders are being recalled for a possible electrical failure that could allow them to roll away unexpectedly.

The Cherokees were manufactured from Feb. 11, 2004, through March 9, 2010. The Jeep Commanders were made from Jan. 31, 2005, through March 10, 2010.

The problem could result from an electrical failure in the vehicle's transfer case that, according to National Highway Traffic Safety Administration documents, "may result in an unintentional shifting of the transfer case into the neutral position." The NHTSA said the Jeeps could roll away, increasing the risk of injury or a crash if the transmission shifts to neutral.

The automaker said that it is aware of reports of 26 accidents and two injuries.

A transfer case is part of some four-wheel and all-wheel drive systems. It's connected to the vehicles' transmission through drive shafts that connect to the front and rear axles.

Chrysler said it will notify owners. Dealers will reflash or reprogram the final drive controller that manages the transfer case, with new software, free of charge. The recall is expected to begin in next month.

Separately, Chrysler is also recalling 5,440 model-year Jeep Wrangler right-hand drive vehicles built between Feb. 1, 2007 and Oct. 10, 2011 for driver-side air bags that may not deploy in a crash.

Additionally, 498 model-year 2013 Dodge Ram trucks are being recalled for a problem in which windshield defrosters might not function properly. This could potentially lead to a buildup of moisture or ice, which could result in a crash.

You can read more about this recall here.

Wilton and Target Announce Recall of Pans

Mon, 06 May 2013 12:11:36 -0600

Approximately 148,700 Giada De Laurentiis Ceramic Lasagna Pans are being recalled because they can break or crack during normal use. Breakage may cause sharp edges, posing a laceration hazard.

The cream-colored pans are 9 by 13 inches and were sold individually and as part of a six-piece set. The bottom of the pan is stamped "Giada de Laurentiis for Target."

Consumers should return the pans to any Target store for a full refund. Consumers who purchased the pan as part of the six-piece set should return the lasagna pan only.

For more information on this recall, click here.

May is National Electrical Safety Month

Wed, 01 May 2013 14:44:46 -0600

Do you and your family know how to avoid electrical hazards? May has been designated National Electrical Safety Month. Now is a great time to learn more about avoiding electricity-related tragedies. Accidents and fires involving electricity result in more than a thousand deaths and tens of thousands of injuries each year in the United States.

There might be some potential electrical hazards that you aren't even aware of. For example, the shiny coating on a helium filled mylar balloon is a great conductor of electricity. If it comes in contact with an overhead power line, it will cause a surge of electricity. The surge can cause electrical arcs, explosions, fires and power outages.

Spring planting season for farmers is another instance to remember electrical safety. Field cultivators can be more than 12 feet in the air, and that means it may enter the 10 foot danger radius around power lines which safety authorities warn everyone to avoid. Many sprayers that will be used for crop chemical application will also have booms that could come in contact with overhead power lines.

The Safe Electricity website has multiple resources for children, adults, teachers, farmers, contractors, businesses, public safety officials and more.

Lorie Wohlgemuth Celebrates 15th Anniversary with TGFW

Wed, 01 May 2013 14:43:27 -0600

This month the law firm of Tatlow, Gump, Faiella & Wheelan LLC is celebrating fifteen years of service by Lorie Wohlgemuth. We would like to take this opportunity to thank Lorie for her many years of service and loyalty to the firm. We know that the growth and success of our firm is largely dependent on having strong and proficient staff members, and we recognize the contribution Lorie has made. Lorie has been with the firm since May 1998.

NHTSA Releases New Guidelines to Minimize Driving Distractions

Fri, 26 Apr 2013 11:01:50 -0600

This week, U.S. Transportation Secretary Ray LaHood released distraction guidelines that encourage automobile manufacturers to limit the distraction risk linked to electronic devices built into their vehicles. The concern is over built-ins such as communications, entertainment and navigation devices.

Issued by the Department's National Highway Traffic Safety Administration (NHTSA), the voluntary guidelines establish specific recommendations for electronic devices installed in vehicles at the time they are manufactured. The devices require drivers to take their hands off the wheel or eyes off the road to utilize.

The recommendations include limiting the time a driver must take his eyes off the road to perform any task to two seconds at a time and twelve seconds total. The guidelines also recommend disabling several operations unless the vehicle is stopped and in park, such as:

Manual text entry for the purposes of text messaging and internet browsing;
Video-based entertainment and communications like video phoning or video conferencing;
Display of certain types of text, including text messages, web pages, social media content.

The NHTSA's new naturalistic driving study, The Impact of Hand-Held and Hands-Free Cell Phone Use on Driving Performance and Safety Critical Event Risk, provides the basis for the new guidelines. The new study shows that visual-manual tasks associated with hand-held phones and other portable devices actually triples the risk of getting into a crash.

"Distracted driving is a deadly epidemic that has devastating consequences on our nation's roadways," said Secretary LaHood. "These guidelines recognize that today's drivers appreciate technology, while providing automakers with a way to balance the innovation consumers want with the safety we all need. Combined with good laws, good enforcement and good education, these guidelines can save lives."

Heated Jacket Liners Recalled

Wed, 17 Apr 2013 11:16:16 -0600

This recall involves Gerbings and Harley-Davidson® black nylon, 12-volt, heated jacket liners. The jacket liners heat up when plugged into a vehicle, such as a motorcycle or snowmobile. "Gerbing's Heated Clothing" or "Harley Davidson®" is printed on the front left chest of the jacket liners.

Gerbings has received two reports of the jacket liners overheating, causing minor dime-sized burns to consumers' backs.

Consumers should immediately stop using the jacket liners and contact Gerbings, LLC for a free repair or replacement liner.

These jackets were sold at Harley-Davidson® dealerships, Eagle Leather and other sporting goods, retail stores and motorcycle shops nationwide from April 2011 through December 2012 for between $200 and $240.

Air Bag Recalls by Toyota, Honda, Nissan

Thu, 11 Apr 2013 13:12:15 -0600

More than 3 million vehicles are being recalled globally for an identical problem involving air bags on the passenger side. The potential problem is that an inflator may burst, which would send plastic pieces flying in the vehicle. No injuries have been reported related to the problem.

The recall for air bags made by Japan's Takata Corp. affects other automakers including non-Japanese manufacturers, says a Takata spokesperson.

Toyota Motor Corp. is recalling 1.7 million vehicles worldwide. Affected models include the Corolla, Tundra, Lexus SC, produced between November 2000 and March 2004.

The automaker suffered a blow to its reputation from a series of massive recalls in 2009 and 2010, including faulty braking, sticky gas pedals and defective floor mats. The latest recall is affecting other major automakers as well. Honda is recalling 1.1 million vehicles globally.

Nissan Motor Co. recalled 480,000 vehicles globally, some 137,000 of them in Japan, for the air bag problem. Also affected under the same recall were 45,000 Mazda vehicles.

Hyundai and Kia Recall 1.8 Million Vehicles

Fri, 05 Apr 2013 14:22:33 -0600

A potentially faulty switch and a loose headliner has necessitated Hyundai Motor Corp and its Kia Motors affiliate to recall more than 1.8 million cars and SUVs in the United States.

Model years 2007 through 2011 are affected by the switch recall. The remedy is to replace a switch that could malfunction and increase the risk of a crash (per documents filed with U.S. National Highway Traffic Safety Administration). Company spokespersons state there have been no reports of injuries or accidents regarding this particular issue.

The headliner issue affects over 180,000 Elantra cars from model years 2011 through 2013. The recalled vehicles will need an application of adhesive strips to prevent the headliner from becoming displaced during a side curtain airbag deployment. A Hyundai spokesman said there was one report of a minor injury, a cut ear, related to the issue.

Regarding the larger recall, the malfunctioning stop lamp switch may cause the brake lights not to illuminate when the brake pedal is depressed, or may cause an inability to deactivate the cruise control by pressing the brake pedal (per NHTSA).

The switch may also cause the following issues: intermittent operation of the push-button start feature, prevent the shifter from being moved out of the park position, allow the driver to move the shifter out of park without applying the brake, or cause the electronic stability control malfunction light to illuminate.

Obviously, failure to illuminate the brake lights or disengage cruise control could increase the risk of a crash, and disabling the brake-transmission interlock could result in a vehicle rollaway.

Read more about this recall here.

Recall: OneTouch VerioIQ Blood Glucose Meters

Mon, 25 Mar 2013 15:17:33 -0600

A Johnson & Johnson company (LifeScan) is recalling a line of its blood glucose meters used by patients with diabetes. The problem relates to the machine shutting down when an "extremely high" blood glucose level is registered.

The company announced this week that it would recall all of its OneTouch VerioIQ blood glucose meters in the United States, effective immediately. LifeScan estimates that 90,000 Americans actively use this meter.

Instead of providing a warning, the meter turns itself off if it reads a blood glucose level of 1024 mg/dL and above. LifeScan adds that the likelihood of a blood glucose reading that high is rare. However, if such a reading is obtained, it represents a serious health risk that require immediate medical attention or may result in death.

The American Diabetes Association suggests blood glucose after a meal is kept less than 180 mg/dL.

You can read more about this recall here.

Sidney Wheelan Presents CLE Program

Tue, 19 Mar 2013 14:38:22 -0600

Sidney Wheelan, a partner with Tatlow, Gump, Faiella & Wheelan, LLC of Moberly, recently presented a continuing legal education program through the Missouri Bar to other lawyers entitled "Basics of Handling An Auto Accident Case - Part I: Screening the Case."

Staying up to date on current legal issues and changing law is important to the effective representation of our clients. As members of the Missouri Bar and other legal organizations, Tatlow, Gump, Faiella and Wheelan, LLC understands that it is important to give back to the legal community by sharing our expertise and experiences with other attorneys.

Sidney Wheelan is a graduate of the University of Missouri - Columbia School of Law and has successfully handled many claims for personal injuries, insurance bad faith, wrongful death, workers' compensation and social security disability.

Nissan Recalls Five 2013 Models

Thu, 14 Mar 2013 13:58:51 -0600

Nissan Motor Co is recalling five 2013 model year vehicles. These vehicles include the top sellers Altima and Sentra. The recall stems from an airbag issue. The front passenger airbag may not deploy in a crash.

The models recalled include: Nissan's Altima, Sentra, Pathfinder, Leaf, Infiniti JX35

The reported recall affects only models sold in the United States. Nissan did not say whether vehicles in other countries will be recalled.

Sensors determine if a passenger is sitting in a seat. These sensors may not have met specifications and do not detect a rider according to the National Highway Traffic Safety Administration (NHTSA). Therefore, if a crash occurs and no passenger is detected, the air bag may not be deployed.

The recall is expected to begin in April. Dan Passe, a Nissan spokesman reports there have been no reports of injuries or crashes related to this air bag sensor problem.

In another Nissan recall, 482 Sentras in the United States, Canada and Puerto Rico, manufactured in 2012 are being recalled due to improperly sealed fuel tanks.

Read more about the Nissan recalls here.

Accidents Involving Wrong Way Drivers

Fri, 08 Mar 2013 12:59:57 -0600

Some of the most serious types of accidents that occur are collisions involving vehicles traveling the wrong way on high-speed divided highways. Wrong way drivers present an obvious danger to all motorists on our highways. The most recent available crash statistics from the National Highway Traffic Safety Administration indicates wrong way drivers are involved in 1.5% of all fatal crashes.

Typically, wrong way drivers fall into one of four different categories: the intoxicated driver, the elderly driver who may be easily confused, intentional drivers (i.e., those trying to avoid traffic jams or congestion caused by crashes), or inattentive drivers who may confuse an off ramp for an on ramp.

The National Transportation Safety Board (NTSB) lists several effective treatments for reducing the amount of wrong-way drivers. These treatments include repainting or adding wrong-way pavement arrows; reorienting, moving, or adding wrong-way sign packages; modifying the trail-blazing freeway entrance packages; placing edge lines in pavement markings; upgrading signs of high-intensity reflective sheeting; and modification of lighting.

Important to note is that 75 percent of the fatal wrong-way accidents are caused by drivers impaired by alcohol or drugs. This obviously presents a difficult challenge in terms of developing appropriate engineering solutions.

Additionally, since older drivers are over-represented in wrong-way collisions, the NTSB suggests all states implement a comprehensive older driver safety program modeled on the one developed by the National Highway Traffic Safety Administration.

All drivers are advised to do the following: observe far ahead for signs of a possible wrong way driver, look for signs of pending problems or developing emergency situations such as other traffic braking or swerving to avoid something, or the obvious - headlights coming in the opposite direction.

Drivers are also cautioned against driving long periods in the inside lane on freeways, especially on curves. Wrong way drivers usually drive in the inside lane or inside shoulder, thinking they are actually on a two-lane highway.

The most common types of wrong way driver crashes are head-on or sideswipe crashes. Also, of the approximately 300 fatal wrong-way collisions that occur each year in the United States, most happened at night and on the weekends.

Recall on Children's Motor Scooters

Tue, 26 Feb 2013 13:15:29 -0600

This week a recall involving "City" motor scooters sold at Toys R Us was announced. The "Hello Kitty" design scooters were manufactured by Dynacraft (China).

The hazard: scooters can accelerate suddenly while in use, causing the rider to lose control and fall.

This recall involves approximately 5,200 electric, battery-operated City Scooters that are pink and black with Hello Kitty graphics on the front panel, footboard and rear fenders. The scooters were manufactured between September 10, 2012 and December 3, 2012.

The company has received nine reports of incidents of City Scooters accelerating unintentionally. These reports include three with minor injuries.

Remedy: Consumers should immediately stop using the City Scooter, disconnect the battery and return it to the nearest Toys R Us store to receive a full refund or store credit.

Dangers of Furniture and TV Tip-overs for Children

Tue, 19 Feb 2013 12:55:55 -0600

Few things are cuter than a baby who is learning to stand, or perhaps an unsteady toddler trying to climb. Maybe you have a fearless preschooler who still doesn't quite comprehend balance. While young children are learning these things, we want to take extra steps to ensure their safety. Protecting kids from the potential risk of tip-overs by making sure furniture and TVs are secured is an important way to help keep them safe.

Top-heavy furniture, TVs and appliances are oftentimes unsteady. If pulled or climbed on, they can tip over and seriously injure young children. Over the last ten years, injuries from TV tip-overs have risen by 31 percent. Young children are at greatest risk and seven out of ten children injured by TV tip-overs are 5 years old or younger. These tragedies are completely preventable with just a few simple precautions.

TV mounts and furniture straps are very important steps to keep your family safe. Remember that a curious, determined child can easily turn over a TV. Additionally, children playing with friends or pets could knock a TV over. Other kids might not resist temptation to climb up to reach items placed on or near a TV.

You can read more about this article here. Additionally, there is an informative site on this topic called Meghan's Hope. Sadly,in 2004, a three year old girl named Meghan died as a result of tipping over a piece of furniture in her bedroom. Meghan's Hope is a site dedicated to educating parents and others about childproofing furniture and televisions.

Club Car Recalls Golf and Transport Vehicles Due to Fire Hazard

Tue, 05 Feb 2013 14:11:34 -0600

Club Car has announced a recall of Precedent Gas Golf Car, models CF, PR and PY.
The fuel hose could separate from the fuel tank, posing a fire hazard. This recall affects about 950 vehicles.

Club Car has received three reports of a fuel hose separating from the tank. No injuries have been reported. Consumers should contact any Club Car dealer for a free inspection and repair of the fuel hose system.

The recalled vehicles are model year 2013 gas-powered golf and transport vehicles used for short-distance transportation. The vehicles come in five models and colors and can be identified by model and serial number, which can be found on a plate above and to the right of the accelerator pedal. The model names appear in the product literature.
Recalled models and serial numbers and other details may be found here.