Missouri Injury Lawyers Blog

An investigation by the National Highway Traffic Safety Administration has resulted in BMW recalling around 89,000 of its turbocharged Mini Coopers. A computer circuit board controlling a turbocharger cooling system can fail. The result is a smoldering water pump. In some cases, a fire in the engine compartment may ignite.

There have been 81 cases of water pump failure in Mini Coopers globally so far. Of these cases, four engine compartment fires have been reported. No accidents or injuries have been reported as a result of this issue.

Worldwide, the Mini recall covers a total of 235,535 cars. The cars being recalled include some model year 2007 - 2011 Mini Cooper S hatchbacks and convertibles, Mini Cooper Clubman S (which is the longer three-door Mini), and Mini Cooper Countryman S (the larger, four-door SUV Mini), as well as John Cooper Works high-performance versions of the Mini Cooper.

Non-turbocharged Minis are not involved in the recall. Mini Cooper dealers will replace the auxiliary water pumps on all recalled cars.

BMW had previously recalled 32,000 BMW cars and 600 Rolls-Royces for possible turbo-related fires.

For more information on this recall, read this article.

Attorneys Rex Gump and Chris Faiella of Tatlow, Gump, Faiella & Wheelan, LLC obtained a global seven figure settlement on behalf of a couple who were injured when their pickup truck was struck from behind by a commercial box truck on a divided highway. The client's vehicle went off the right hand side of the roadway, struck a highway sign and continued into a ditch where it landed upside down. The husband sustained multiple broken bones and was hospitalized for an extensive period of time.

Our investigation revealed that the operator of the box truck was in the course and scope of his employment. It also revealed that he was operating a vehicle in a rain storm at a high rate of speed with his windshield fogged over. Numerous eyewitnesses and medical and police personnel were interviewed to determine these facts.

Continue reading "TGFW Attorneys Negotiate Large Settlement in Serious Truck Crash" »

The Missouri Department of Transportation maintains an interactive map to keep people informed about roadway conditions throughout the state. This is particularly helpful when winter weather hits and you need to know the condition of the roads you plan to travel. Visit the MODOT Traveler Information Map and stay safe.

The attorneys and staff at Tatlow, Gump, Faiella & Wheelan, LLC would like to wish you and your family a safe and very Merry Christmas.

Sleep apnea is extremely common among truck drivers, which makes sense considering their lifestyle. Studies have shown that 20 to 30 percent of automobile accidents that involve tractor-trailers occur due to sleep apnea. Proper diagnosis of the disease can be made by having a sleep study performed. There are different treatments for sleep apnea which could help reduce the amount of accidents on the road.

What is sleep apnea?
Sleep apnea occurs when normal breathing is reduced due to the muscles in the back of the throat becoming too relaxed.
When this occurs usually the person wakes up. Some people can wake up several times a night which can cause them to be extremely drowsy the next day.

Risk factors include:
Obesity- Over half of people with sleep apnea are obese.
Age- A person is more likely to suffer from sleep apnea if they are over age 40.
Nasal Obstruction- People with allergies, sinus problems, and/or a deviated septum can be more prone to sleep apnea.
Male- Men are twice as likely as women to have the disorder.
A large neck- Men- larger than 17 inches, women- larger than 15 inches.

• Signs and symptoms include:
• Trouble concentrating
• Forgetfulness
• Difficulty staying asleep
• Loud Snoring
• Gasping and snorting
• Excessive daytime sleepiness

For more information on this please see the Federal Motor Carriers website.

The U.S. National Transportation Safety Board is recommending a ban of mobile phone use by drivers in all 50 states. This recommendation is following a deadly chain- reaction crash that occurred in Missouri earlier last week. The crash was caused by a 19 year old driver who had sent/received 11 text messages in the 13 minutes prior to the crash.

The board compares mobile phone use while operating a vehicle to smoking and drunken driving. Mobile phone use is no less distracting than those, and unfortunately it may be too ingrained with drivers for them to stop. Nearly 9.4% of road fatalities for 2010 were related to driver distraction. Even hands- free calls can be distracting to drivers, so therefore the hands- free technology would have to go as well.

This ban would certainly not end all distracted driving, but it would certainly help. Because this ban is so difficult to enforce it is hard to tell whether or not people will abide by it or just ignore it and take their chances.

Below are three of the most important rules you should follow in order to keep your baby safe in their crib.

1. Use Safe Sleepwear
Pajamas should be flame resistant and fit snuggly. Pajamas also should not include ribbons or drawstrings. All buttons and snaps should be firmly buttoned in order to prevent them from becoming a choking hazard. Electric blankets and heating pads should never be used in the crib. Because baby's skin is so sensitive to heat that their skin can be burned by temperatures that are only uncomfortable to an adult.

2. Dress Baby Properly
Overheating your baby could contribute to Sudden Infant Death Syndrome (SIDS). Therefore, you want to make sure if it is warm that you dress your baby in lightweight clothes and set your thermostat to about 70 degrees. If it is cold you should dress your baby in foot pajamas or in a cozy zippered sleep sack.

3. Let Baby Sleep Unencumbered
Pillows, comforters, quilts, dolls, and stuffed animals do not belong in a crib. You should not wrap your baby up in blankets either when putting them in their crib. The infant can become tangled and possibly suffocate if they cannot free themselves.

For more crib tips and a short video, visit this site on crib safety.

The attorneys and staff at Tatlow, Gump, Faiella & Wheelan, LLC would like to wish you and your families a happy Thanksgiving. Be safe.

The National Highway Traffic Safety Administration has issued a recall notice for the 2012 model year Cadillac CTS sport sedans due to possible brake failure. About 674 of the vehicles have loose nuts that could lead to unexpected brake failure. The problem on some of the sedans that were produced from October 21st through October 26th is the retention nuts were not tightened to the correct amount of torque. This could cause the pedal and pushrod to separate if the nut becomes loose, therefore causing a complete loss of brakes and increasing the risk of a collision.
To see what steps you need to take if you have purchased this vehicle visit this site.

Missouri Attorney General Chris Koster issued a warning to consumers about an email scam involving the popular ticket sales website, StubHub. StubHub is a legitimate online business that scam artists are posing as in emails asking people to provide confidential information, including credit card numbers, via a link in the emails. To read more about the warning, see this news article.

One of the scariest truths of Halloween is that it is one of the deadliest nights for pedestrians. In most cases the victims are children, so here are a few ways to reduce the risk of a child or adult being injured or killed this Halloween.

Safety for Pedestrians:

· If children are walking in the dark, give them a flashlight, so they can be seen by drivers. Glow sticks can further aid visibility.

· Don't assume the right of way, as motorists may not see you.

· Children should stay on sidewalks instead of walking between cars or on lawns where there could be ornaments or wires that could be a tripping hazard.

· Parents should accompany children if they are younger than 12 years old.

· Children should walk and not run from house to house.

· Remind children to look for cars when walking by a driveway.

· Consider a costume that is a lighter color and more visible to motorists. Add reflective material front and back; it can even be part of the design.

Safety for Motorists:

· Do not use a cell phone or other mobile device while driving. Pull over safely to check voice messages, or texts, as needed.

· Pull over to safe locations to let children exit curb side, away from traffic. Use your hazard lights to alert other drivers of not only your car, but to exercise caution. Especially on Halloween, they might be extra wary for children as a result.

· Watch for children who may dart out into the street and always yield to pedestrians-where there is one- there are likely others ready to cross.

· Drive slowly in and around neighborhoods and residential streets.

· Try to part in a spot where you won't need to back up, but if you must, have an adult outside to make sure no children are in the way.

· If you are driving children around for trick or treating, make sure they are buckled up appropriately with a child safety seat or vehicle seatbelt. Do this each and every time they enter the car, and check before driving to the next stop.

· Do not drink and drive. Drunk driving incidents increase on Halloween; motorists should be more responsible, know that this evening is especially dangerous.

Halloween is supposed to be scary with ghosts, goblins and witches not so much with your child or yourself becoming injured and visiting the emergency room. In order to be sure you and your children have a safe night below are a few costume safety tips to ensure just that.

• Examine masks to be sure they do not block vision.

• Do NOT use decorative contact lenses; eye infections may result.

• Avoid costumes that are billowy or baggy that could potentially brush against lit jack-o-lanterns.

• Check labels to be sure costumes are flame resistant.

• Avoid accessories that have sharp edges such as swords or canes.

• Make sure costumes are not to big in order to avoid tripping.

• Much of the Halloween makeup is not FDA approved and could cause allergic reactions so read packages carefully.

For more safety tips and a short video please visit this site on Halloween Safety.

Summer may be over, but that doesn't mean that the risk of children drowning is over. Unfortunately there are still other places your children can drown besides the backyard pool. The Consumer Product Safety Commission has highlights from 2005- 2006 of nearly 600 reports with children under five years old involved in "submersion incidents." The majority of those incidents involved bath and bath related materials with children under two. Out of 431 reported fatalities, 92 percent of those occurred in homes.
Below are a few tips on keeping your children safe in the bathtub:

• Don't leave a baby or young child in a bathtub under the care of another young child.

• Always keep a young child within arm's reach in a bathtub.

• If you must leave, take the child with you.

• Never leave young children alone near any water or tub or basin with fluid. Young children can drown in even small amounts of water.

Other safety precautions:
• Consider placing locks on toilet seat covers in case a young child wanders into the bathroom.

• Learn CPR. It can be a lifesaver when seconds count.

• Never leave a bucket containing even a small amount of liquid unattended. Toddlers are top heavy and they can fall headfirst into buckets and drown. After using a bucket, always empty and store it where young children cannot reach it. Don't leave buckets outside where they can collect rainwater.

Multiple brands of gel fuel products are being recalled due to reports of burns and fire hazards. The recalled products are made by Smart Solar, Real Flame, Fuel Barons, and Bond Manufacturing. The Consumer Products Safety Commission announced that several makers of the gel fuel for decorative fire bowls have recalled close to 132,000 bottles and jugs.

One report received by Fuel Barons was of an incident where a man sustained second degree burns to his hand and wrist. If the consumer does not see a flame or is not aware that the firepot is still ignited then the gel fuel can unexpectedly ignite and splatter people and objects when it is poured into the firepot. If gel fuel splatters and ignites, it can pose fire and burn risks to consumers which could be fatal.

To view a complete list of the recalled products and where they may have been purchased or just to read more on the recall please visit the following Consumer Reports site regarding the gel fuel recall.

Moberly attorney, Sidney Eckman Wheelan of the firm Tatlow, Gump, Faiella & Wheelan, LLC, was recently awarded the distinction of Advocate by the American Association for Justice (AAJ). The goal of AAJ's Achievement Recognition Program is to build and develop professional knowledge through a continuing commitment to improving members' trial skills and understanding of substantive law. Active participation in this program provides recognition for dedication, commitment, and enthusiasm to continue to pursue legal education.

Ms. Wheelan and the other attorneys at Tatlow, Gump, Faiella and Wheelan, LLC continue to represent clients in a broad range of litigation primarily focused on serious personal injury and its tragic consequences including wrongful death, bad faith insurance denials, and defective products.