Circuit Judge Larry Anderson granted summary judgment to the City of Dothan in a wrongful death suit brought by Mary Downing, whose husband was killed by an intoxicated driver in January 2007, just minutes after she had been stopped and released by police officers.

The lawsuit alleges police officers should have arrested Tabitha Farmer on the evening of Jan. 13, 2007, for driving under the influence near downtown Dothan. Later the same evening Farmer’s vehicle struck and killed the 60-year-old Downing, crushing him against the wall of the outside of the building at Southern Family Market, now Bruno’s.

Attorneys for the City of Dothan filed a motion for summary judgment, claiming Alabama law protects the discretionary decisions of officers, so long as those decisions are not made maliciously, fraudulently, or in bad faith.

“The plaintiff has not put forth any evidence that the officer acted willfully, maliciously, fraudulently, or in bad faith, or beyond his or her authority, or under mistaken interpretation of the law,” Anderson wrote in his ruling, dated March 5.

Farmer, 27, pleaded guilty to murder in Downing’s death, and was sentenced to serve 25 years in prison. Prosecutors convicted Farmer of the murder charge because she was under the influence of an inhalant after she’d apparently been “huffing” in the car.
Farmer and Southern Family Markets remain defendants in the wrongful death suit.

“The court’s ruling points to the Alabama Legislature’s answer to the problems caused when law enforcement is not allowed to make their own decisions,” Dothan City Attorney Len White said in a written statement.

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Fourteen years ago, the CPSC issued guidelines to help prevent children from strangling or becoming entangled on the neck and waist by drawstrings in upper garments, such as jackets and sweatshirts. In 1997, industry adopted a voluntary standard for drawstrings that incorporated these guidelines. In May 2006, the CPSC’s Office of Compliance issued an announcement that such outerwear with drawstrings at the hood or neck would be regarded as both defective and a substantial risk of injury to young children.

Unfortunately, the CPSC guidelines are routinely ignored by the clothing industry, and that attitude has had deadly consequences for some children. From January 1985 through January 1999, the CPSC received reports of 22 deaths and 48 non-fatal entanglement incidents involving drawstrings on children’s clothing.

To date, no incidents or injuries have been reported in any of these specific cases. In some cases, the recalled hooded sweatshirts were manufactured in China, a country long associated with products that have been found to be dangerous and linked to an increasing and significant string of recalls.

Locks All Over Boys’ Hoody, All Over Skaters Boy’s Hoody, Rock Mask Boy’s Hoody
About 2800 Locks All Over Boys’ Hoodies, All Over Skaters Boy’s Hoodies, and Rock Mask Boy’s Hoodies, which were manufactured by Locks All Over and All Over Skater by Timex, of China and Rock Mask Hoody by Bordados, of Peru have been recalled. Brand Evolution, of Philadelphia, Pennsylvania distributed the hoodies that come in three styles: All Over Locks style #MSK7SK3400B in white with colored printed padlocks in sizes S, M, L and XL; All Over Skaters style #SKATBS7K302B in white with red and orange skaters in S, M, L, and XL; and Rock Mask Hoody style #KROCKF7K300K in solid black with imprint in sizes 4, 5, 6, and 7. The recalled hoody sweatshirt jackets were sold at the Burlington Coat Factory, Amm One Inc., Avante, Dr. Jays, Stop, E & J Lawrence Corp., Exclusive Wear, G-Pulse Apparel, Hip Hop World, Nouveau, Stop Kid, Unica, and Village Mart.

Brand Evolution can be reached toll-free at (877) 330-3911 between 9:00 a.m. and 5:00 p.m., Eastern Time, Monday through Friday or at the firm’s Web site at www.burlingtoncoat.com

Girls’ Cargo Pocket Jackets
About 600 Girls Cargo Pocket Jackets, which were manufactured in China and imported by Byer California (DBA Amy Byer, Philly) of San Francisco, California have been recalled and include girls’ brown cargo pocket jackets sold in sizes small through extra-large—the style number 2029G1J is printed on the tag inside the jacket—at Burlington Coat Factory, Bon Ton Stores, and juvenile clothing retail stores nationwide from December 2008 through September 2009 for about $12.

Byer California can be reached, toll-free, at 1-800-998-2937 between 9:00 a.m. and 5:00 p.m., Pacific Time, Monday through Friday or at the firm’s Web site at www.burlingtoncoatfactory.com

Girl’s Hooded Jackets with Drawstrings
About 3,600 Girl’s Hooded Jackets with Drawstrings, which were distributed by Regaliti Inc., of New York, New York have been recalled and includes girl’s cropped jackets in a velvet-like material with a hoodie that has a drawstring. The jackets were sold under the Betty Blue brand name in pink, red, blue, and brown, and in children’s sizes small through XL. Betty Blue Girls is printed on the hangtag on the neck. The recalled Girl’s Hooded Jackets with Drawstrings were manufactured in Hong Kong and sold exclusively at Burlington Coat Factory stores, nationwide, from November 2007 through September 2009 for about $4.

Regaliti can be reached, collect, at 1-212-840-0202 between 10:00 a.m. and 3:00 p.m., Eastern Time, Wednesday through Friday. The Burlington Coat Factory’s Web site can be accessed at www.burlingtoncoatfactory.com

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Police responded to a domestic dispute and possible drug overdose early Wednesday morning in Rhinebeck, 50 miles south of Albany.

Authorities say they found James Healy Jr. behaving irrationally inside his girlfriend’s house. Police say Healy became combative and resisted being removed from the home.

Officials say a deputy used a stun gun on Healy during the struggle. Police say he continued to struggle before officers were able to subdue him.

State police troopers say Healy then had trouble breathing and was taken to a hospital, where he was pronounced dead. The cause of death was pending an autopsy.

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Visit Washington Motorcycle Accident Attorney for more information.

According to a March 3 order approving the settlement, L.A. Weight Loss will make payment to the two children of a woman who allegedly suffered fatal liver failure after using supplements recommended to her by the staff of an O’Fallon center.

The woman’s sister, Carolyn Schur, sued on behalf of the estate and on behalf of Pamela Hoppe’s minor daughter.

Of the $700,000, about $311,000 will go to Schur’s attorneys, Eric and Jon Carlson of Carlson & Carlson P.C., for fees and costs.

The remaining funds will be split between Hoppe’s two children, totaling out to about $194,484.41.

The suit had been set for trial earlier this month.

According to the suit, after Pamela Hoppe sought help losing weight in 2004, she was given and used supplements that were not tested or regulated by the U.S. Food and Drug Administration.

She later developed symptoms of liver disease and sought treatment at Gateway Regional Medical Center.

She was transferred to St. Louis University Hospital in St. Louis where she was diagnosed with liver failure caused by the supplements.

She was placed on the liver transplant list.

Hoppe died of liver failure Aug. 29, 2004.

The suit sought damages of at least $50,000 per count and costs.
Madison County Circuit Judge Barbara Crowder approved the settlement last week.

The case had previously been assigned to Madison County Circuit Judge Dennis Ruth.

L.A. Weight Loss is represented by Pamela Triplett.

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Slings are those infant carriers that parents and caretakers can strap across their chests; however, babies can suffocate in these slings and, sadly, some have, noted the AP. “We know of too many deaths in these slings and we now know the hazard scenarios for very small babies,” said Tenenbaum, quoted the AP. “So, the time has come to alert parents and caregivers,” added Tenenbaum.

Although Tenenbaum did not mention a specific baby sling and she did not provide the number of deaths related to these slings, complaints have been reported in recent years, said the AP. In 2008, Consumer Reports discussed the slings and about two-dozen reports that generally involved children falling out of the slings, said the AP. A blog following that report discussed the slings’ suffocation risks and that at least seven infant dates related to the slings had occurred, the AP said.

In 2008, we wrote that the CPSC announced a recall of defective Ellaroo LLC Ring Sling Baby Carriers over fall hazards. At the time, Ellaroo received four reports of the aluminum rings on the sling carriers bending, which caused the fabric to slip through the wings, which can cause the baby to fall out of the carrier. Ellaroo also received two reports of the rings breaking.

Consumer Reports, which is published by Consumers Union, complained about the “SlingRider” by Infantino, said the AP, adding that the so-called “bag style” sling wraps around the adult’s neck and then “cradles the child” in what it described as a “curved or ‘C-like’ position,” which has the baby resting below the chest near the belly. Apparently, the curve is what can cause infants’ heads—and infants have minimal head and neck strength—to droop forward with their chins falling on their chests, which restricts the infants breathing, explained the AP. Babies can also nestle their faces into their parents’ bodies and smother in the clothing, said the AP.
In 2007, said the AP, the Infantino “SlingRider” was recalled over problems with the plastic sliders on the strap of the sling.

And, although baby slings are touted as a good tool by which mothers and babies can bond—even being dubbed “babywearing”—said the AP, their use can have dangerous and deadly consequences. The slings have been seen on celebrities everywhere in the media and can be found at infant-focused retailers such as Babies R Us and BabySoSmart.com, according to the AP.

Tiffany Speck, a nurse and the owner of BabySoSmart told the AP that she has warned about the slings in classes she conducts “at hospitals, stores, and doctors’ offices.” “You wouldn’t want to put a baby in there,” Speck said in her interview with the AP. “The baby is curling, head toward toe, and what happens is the baby occludes its own airway,” she added, saying that babies should remain upright in a tummy-to-tummy position with their parent.

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The report comes amid heightened attention surrounding unintended acceleration in Toyota vehicles and a recall involving more than 8 million vehicles to address gas pedals that can become sticky or trapped under floor mats.

The Department of Transportation is looking into the New York crash, spokeswoman Olivia Alair said Wednesday.

Capt. Anthony Marraccini of the police department in Harrison, north of New York City, said that Toyota wants to collect the Prius involved in the crash but that his department is “not prepared to release it just yet.”

Police believe the vehicle was on the recall list for the sticky accelerator problem, but they had no immediate proof that this one had the problem, Marraccini said. The vehicle had been serviced by Toyota for the floor mat problem, he said.

A 56-year-old housekeeper was in forward gear in the 2005 Prius heading down a curving driveway, several hundred feet long with a putting green next to it, when the accident happened. He said she was lucky not to collide with traffic as the car crossed a street.

The driver escaped serious injury even though the impact “was pretty substantial,” Marraccini said. It wasn’t clear how fast the car was going.

The air bags deployed when the car hit the stone wall of the estate across the street. On Wednesday, five boulders and smaller filler stones were strewn about, some of them 10 feet from the wall. Broken glass, plastic headlight pieces and metal that looked like part of a window frame were nearby.

The car’s owner, Joseph Leff, declined to identify the housekeeper or say whether she was back at work.

“She’s a wonderful driver,” Leff said. “It’s not her fault. It’s the car.”

Toyota is fighting fears that the crashes are caused by faulty electronics rather than by mechanical problems. Representatives at the company’s U.S. sales headquarters in Torrance, Calif., did not immediately return a phone call seeking comment Wednesday.

The car was in a police parking lot on Wednesday. The front end was severely pushed in, the hood was buckled and the front bumper was broken. Leff said he had called Toyota but had not heard back yet.

On Monday, California police stopped a runaway 2008 Prius going nearly 95 mph after the driver said the pedal jammed. Toyota and the National Highway Traffic Safety Administration are investigating.

All 2004-2009 Priuses are covered by a recall Toyota announced in October over floor-mat entrapment. Toyota has advised drivers of the Prius and other affected vehicles to take out any removable driver’s floor mat until they are repaired.

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If you are the victim of a personal injury that arose out of or in the course of your employment, contact the Law Office of Paul Houser, Jr. to ensure that you receive the workers’ compensation benefits to which you are entitled.

Visit Washington Workers Comp. Lawyer for more information.

While the settlement terms between Joyce Reynolds and ShopRite were not disclosed, ShopRite attorney Robert Gold said, “The case settled for significantly less than the jury verdict.”

Reynolds attorney, Timothy Brunnock, said, “It was a lot more than I would have recommended to her at the beginning of the first trial. We’re very happy with the settlement and happy she’s been able to move on with her life.”

In 2002, Reynolds claimed she injured her neck when she slipped and fell in the grocery.
A jury awarded her $876,000.

Then, in December 2006, six months after the trial, the jury foreman, former state Sen. Robert Martin, (R-Morris), wrote an article in the New Jersey Law Journal underscoring his role in the verdict.

“I am convinced that in our case, my opinions swayed other jurors and were extremely influential in the final outcome,” wrote Martin, an attorney and Seton Hall law professor.
He described how jurors relied on him for assistance, “especially in dealing with abstract legal concepts and procedural issues.”

ShopRite appealed, and last year a state appellate court reversed the jury award and granted the supermarket a new trial, concluding Martin unduly influenced the verdict.

The lawsuit was transferred to Essex County Superior Court, where the case was settled two weeks ago.

“Our insurance carrier made a decision to settle the case,” Gold said. “We were ready to proceed back to trial with it.”

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President Barack Obama is calling on Congress to give health care reform an up or down vote and says now is not the time to start over with new legislation on the matter. (March 6)