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Dangerous Products

Where Did Shredded Tire Come From That Killed One In Osceola Crash?

Posted by on Apr 15, 2013 in Dangerous Products, Motor vehicle accidents

Where Did Shredded Tire Come From That Killed One In Osceola Crash?

Law enforcement officials are blaming a “shredded tire” for causing a church van to overturn on the Florida Turnpike last weekend, causing the death of a Miami woman. According to an article in the Miami Herald, Merlande Cherry, 46, was tragically killed in the accident, while the van’s driver, Willem Camille, was seriously injured and 18 passengers also received injuries. Mr. Camille and 16 of the passengers were transported to Central Florida hospitals. The group was reportedly en route to a church conference. The Florida Highway Patrol reported that a tire separation occurred causing the van to roll several times down the Turnpike. It goes without saying that a tire should not separate under normal driving conditions. As an Orlando automobile accident attorney, I have been involved in tire separation cases in the past. In those instances, the tires were almost always used tires, or retreads that should probably never have been sold in the first place. However, even new tires can separate if they are not manufactured to meet safety standards. New or lightly used tires can fail for many different reasons that would not be immediately obvious to a typical consumer. Last summer, I published this video with some tire safety tips: Tire separation, tire blowout, or tire failure cases can be very challenging, and very often involve a very careful, specialized, and scientific analysis of the remaining pieces of the tire. These are cases where it pays to speak with an experienced attorney as soon as possible after the accident. Hopefully, Ms. Cherry’s family can see fit, despite the grieving process, to make sure that any available pieces of the shredded tire are retained, if nothing else. If you have any questions following a Florida tire separation case, or any other kind of Florida automobile accident, call Winter Park personal injury attorneys Bob Hemphill and Kim Cullen at...

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Dietary Supplement DMAA Comes Under Fire In Wrongful Death Lawsuit

Posted by on Feb 25, 2013 in Dangerous Products

Over the weekend I read about another lawsuit involving the dietary supplement, DMAA, on the Insurance Journal website. This particular case involved a wrongful death claim filed in California by the surviving family of a soldier who died of a heart attack during physical training after consuming a dietary supplement called Jack3d. Apparently, the solder in California was the American hero to die after taking DMAA before physical exertion. As a result, the military has removed Jack3d from the shelves of its commissary and exchange stores. Jack3d is manufactured by a supplement company called USPLabs. Frankly, I was surprised to read about the San Diego DMAA lawsuit, because I had only recently read about a $2 million class action settlement between USPLabs and multiple claimants over its different dietary supplements that contained DMAA, in Los Angeles Superior Court. It does appear that the damages in the San Diego case are much more significant than the plaintiffs in the class action case. DMAA is a synthetic material that can be used to dilate blood vessels. It was originally used as a nasal decongestant, but supplement makers began marketing it as an athletic performance enhancer several years ago. Due to concerns about DMAA being connected to heart disorders, nervous system disorders, psychiatric disorders, and death, the U.S. Food and Drug Administration issued warning letters to several supplement makers just last year requesting that they prove that DMAA is safe. In addition, the World Anti-Doping Agency added DMAA to its prohibited substance list in 2010. Here in Florida, manufacturers, distributors, wholesalers, and retailers can be held liable if they make or sell an unreasonably dangerous product. However, each state has its own, unique body of law when it comes to products liability claims or lawsuits involving dangerous products. It certainly seems that DMAA would qualify as a dangerous product in Florida. I use several dietary supplements regularly, but would not take DMAA given the information...

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