NY’ers Mad Subway Isn’t Giving Full 12-Inch Footlongs

January 17th, 2013. By AbiK

There’s new meaning to being mad at the subway in NYC—and it’s got nothing to do with platform closures or delays.

No, some folks are mad at Subway—the sub sandwich restaurant chain that’s made “footlong” a part of our lunchtime lexicon. They’re mad because they’ve taken a tape measure to those Subway footlong subs and found (shock!) that in a random test, 4 out of 7 footlongs were, in fact, only 11 or 11.5 inches.

Yes, a NY Post discovery reveals that those footlong subs may be falsely advertised. Usually, such egregious findings have the potential to lead to a consumer fraud class action lawsuit being filed. None has apparently been filed yet—not surprising given New Yorkers’ capacity to roll with the daily barrage of life’s nuisances.

The fraudulent footlong story first became a viral hit when Matt Corby, of Australia, posted a photo measuring his footlong—and it coming up short at 11 inches—on his Facebook page (where else? see image above). According to the Post, the FB post got 118,000 likes in 24 hours. That FB post then led the NY Post to traipse around three boroughs buying footlongs and measuring them—the aforementioned ‘test’.

Now, you may think, “so what?” But the NY Post took things a step further and calculated the impact of missing that 12th inch on a consumer who purchases a footlong every other day for a year, at $7 per footlong. They estimated that short-changing customers that inch of sandwich equates to about a $100 loss. That’s about 44 rides on the real subway!

According to the Post, Les Winogad, a spokesman for Subway, said the photo on Corby’s Facebook page “doesn’t meet our standards.” Newsflash: it doesn’t meet New Yorkers standards either. Or anyone else’s.

Hall of Shame: OH School Allegedly Has Kids do Asbestos Cleanup

January 14th, 2013. By AbiK

The news clip here speaks for itself–but suffice to say if, indeed, this Ohio school had students clean up an abandoned YWCA building that was ridden with asbestos, its a disgrace. In this day and age, no one should be put in harm’s way due to asbestos exposure.

Asbestos News Roundup: 1.10.13 – Second Hand Asbestos

January 10th, 2013. By LucyC

This week’s asbestos news roundup includes all the recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

Second-Hand or Take Home Asbestos Exposure

Recently, it has become apparent that people can be affected by asbestos-caused diseases through secondary or passive exposure.

Also known as second-hand asbestos exposure or “take home” asbestos exposure, passive asbestos exposure refers to exposure to asbestos fibers that become embedded on a person’s clothing or in their hair—from either another person who has been in direct contact with asbestos or from indirect circumstantial exposure to asbestos.

For example, cases of second-hand asbestos exposure were recently reported by wives and children of men who worked in the shipyards in World War II. The workers were exposed to large amounts of damaged or “friable” asbestos while on the job, and their wives became came ill following exposure to asbestos fibers that had become lodged in the workers’ clothing. Over the years, the constant inhalation of these fibers resulted in the development of asbestos-related diseases. Case in point, the recently filed asbestos lawsuit concerning Gladys W. Williams, highlighted below.

And there have been asbestos lawsuits filed by children of men who worked around asbestos, and who developed asbestos-related illnesses.

Secondary asbestos exposure is also possible by living in a community or area located near an asbestos mine or a company that manufactures asbestos or products containing asbestos. Many older buildings may also contain asbestos insulation, including schools.

Asbestos Lawsuit

Jefferson County, TX: Roger Young, representing the estate of Melissa Young, has filed an asbestos lawsuit alleging Ms. Young was routinely exposed to asbestos due to her father’s employment at area facilities. The lawsuit names Chevron USA and Owens-Illinois as defendants.

According to the lawsuit, Melissa’s father worked as welder at the Chevron refinery, where he was exposed to asbestos. He then brought the asbestos home on his work clothes, exposing his daughter.

The lawsuit alleges Chevron was negligent in exposing workers to asbestos and failing to warn them of the health dangers. Young also claims Owens-Illinois was negligently manufacturing and selling asbestos products, and therefore alleges the defendants acted with malice, entitling him to exemplary damages.

St. Clair County, IL: Michael Dithmart has filed an asbestos lawsuit against 64 defendant corporations which, he alleges caused his recently deceased mother, Pauline Dithmart, to develop lung cancer after her exposure to asbestos-containing products throughout her career. Mrs. Dithmart died September 17, 2011, according the lawsuit states.

According to the lawsuit, Pauline Dithmart worked as a presser at The Garment Company from 1962 until 1970, as a laborer at Northwest Fabric Store in the late 1960s, as a bender at Collis Company from the late 1960s until the early 1970s and as a seed counter at Burpee’s Seed Company from the late 1970s until the early 1980.

The lawsuit also states that Dithmart was also secondarily exposed to asbestos fibers through her husband, Dale Dithmart, who worked as an engineer and fireman in the US Navy from 1944 until 1946, as a farm hand at Tom Anderson’s farm in 1944, as an apprentice machinist and a lathe operator at Climax Engineering company from in 1946, as an apprentice brick mason at Don Herring Construction Company from 1946 until 1950, as a member of the Bricklayers, Masons and Plasters International Union of America from 1946 until 1985, as a brick mason and foreman for Clinton Corn from 1955 until 1982 and as a security officer at Wells Fargo from 1983 until 1989.

According to the lawsuit, the defendants should have known of the harmful effects of asbestos, but failed to exercise reasonable care and caution for the plaintiff’s safety.

As a result of her asbestos-related disease, Pauline Dithmart incurred medical costs and suffered great physical pain and mental anguish, the complaint says. In addition, she became prevented from pursuing her normal course of employment and, as a result, lost large sums of money that would have accrued to her, her son claims.

In his complaint, Michael Dithmart is seeking a judgment of more than $100,000, economic damages of more than $200,000, compensatory damages of more than $100,000, punitive and exemplary damages of more than $100,000 and punitive damages in an amount sufficient to punish various defendants for their wrongdoing.

Asbestos Hot Spots

Berea, OH: A criminal investigation has been launched against a small religious school following reports that several dozen teenage students and others volunteered over several weekends to gut a building containing asbestos.

Some of the students involved were as young as 13. They reportedly removed asbestos-filled materials without any protective gear at the former YWCA on Smith Road in Middleburg Heights, said Cleveland Commissioner of Air Quality George Baker, who also works with the Ohio Environmental Protection Agency.

According to Baker, state regulations require that asbestos be removed from a building owner by certified asbestos removal contractors.

Darren Clink, who lives next door to the former YWCA, shot video footage of the illegal removal. The video shows a large cloud of dust dispersing in the air after debris was dropped into a dumpster.

“The entire site was contaminated with asbestos and the people who were doing it were all children,” said Clink. “The kids were loaded with it.”

Sterling Education, the company that oversees the school, runs 35 schools nationwide.

The Ohio EPA began investigating after receiving a complaint in early December, said Ron Fodo, an Ohio EPA criminal investigator who declined further comment because the case was in its early stages.

When regulators visited the site on Dec. 13, they found three dumpsters filled with debris believed to contain asbestos, as well as potentially contaminated material strewn about the property, according to Ohio EPA inspection reports. (wkyc.com)

 

Sex Romp on Business Trip Leads to Worker’s Comp Benefits (Seriously)

January 7th, 2013. By AbiK

How many people would have sex on a business trip, get injured while having sex, and then have the b#lls to file a worker’s compensation claim?

Not many, most likely.

There is one person, however—in Australia. We don’t know her name—that’s under lock and key—”for legal reasons”, but we do know that she was in her thirties, worked for the government, and she was hospitalized (hospitalized? what the heck were they doing?) for injuries sustained while having sex with a “male friend” in a hotel room during a business trip back in 2007.

Ok, we actually do know what they were doing… It seems that while they were going at it, a light fixture above the bed got torn from its mounting fixture—hey, it happens. And, when it came crashing down, it landed smack on the woman’s face. Party over.

Well, that led to her nose and mouth getting injured, along with one of her teeth. And that then led to her later suffering from depression, which then led to her inability to keep working at her government job.

Talk about a double whammy: lousy sex & no money. Sounds more like some sort of 20-something angst-ridden movie trailer than the plight of a 30-something would-be gainfully employed government worker. The 30-year old had an ace up her sleeve though: she filed a worker’s compensation claim—and initially, it had been approved.

Surprise, surprise, the approval was then reversed after further investigation into the worker comp claim.

According to the Mercury News, an administrative tribunal reviewing the details of the woman’s worker’s comp claim determined that her injuries had not been incurred “in the course of her employment”. And here’s the part that we all would’ve loved to have been a fly on the wall to witness being resolved–the tribunal’s conclusion that the sex was ‘”not an ordinary incident of an overnight stay” such as such as showering, sleeping and eating’.

Now, you’d think that would’ve been the end of it. And that’s where a serious set of b#lls comes into the picture; most folks would’ve quietly walked away, not wanting to risk further embarrassment. But no.

See, the law—regardless of what country you’re in—can work in mysterious ways and as such, after going through an appeal, the woman’s claim is now eligible for worker’s compensation benefits.

Yes, a federal judge—Judge John Nicholas—disagreed with the tribunal’s earlier stance that the sex needed to be condoned by the government in order for the claimant to qualify for compensation. Yes! She was able to claim that getting hurt while having consensual sex on a business trip—while working for the government mind you, not the ‘adult entertainment’ industry—entitles her to worker’s comp benefits.

Perplexed? Here’s the gist of Judge Nicholas’ decision: “If the applicant had been injured while playing a game of cards in her motel room, she would be entitled to compensation even though it could not be said that her employer induced her to engage in such activity.’

And, three other judges supported his decision.

No word yet on how much compensation the woman will be entitled to, or whether an appeal is to follow…

Asbestos News Roundup: 1.3.13 – Hurricane Sandy Cleanup & Asbestos

January 3rd, 2013. By LucyC

This week’s asbestos news roundup includes all the recent asbestos-related news and information that you should be aware of. An ongoing list of reported asbestos hot spots in the US from the Asbestos News Roundup archive appears on our asbestos map.

Hurricane Sandy Clean Up & Asbestos Risk

Hurricane Sandy left a path of destruction across many parts of heavily populated areas along the coasts of New Jersey and New York. Some estimates have put the total property destruction due to Hurricane Sandy at $20 billion.

Many of these damaged areas are currently in the process of demolition and rebuilding. Health expert have been warning people to be on the lookout for asbestos containing materials during this process. Many of the buildings damaged by Hurricane Sandy were constructed before the use of asbestos in building materials was banned, so they may contain asbestos in a wide variety of building materials that can be found both inside and outside of the property.

Even the process of drying out one of these damaged buildings can release asbestos fibers into the air. If not conducted properly, the drying process can result in airborne contaminants being spread throughout a property, even into areas not damaged by the storm.

According to the U.S. Environmental Protection Agency (EPA), “Exposure to airborne friable asbestos may result in a potential health risk because persons breathing the air may breathe in asbestos fibers. Continued exposure can increase the amount of fibers that remain in the lung. Fibers embedded in lung tissue over time may cause serious lung diseases including asbestosis, lung cancer, or mesothelioma.”

Consequently, people need to be aware of possible asbestos hazards in their properties. This is especially true for homeowners who are taking on the task of fixing their properties themselves, who may not realize that they may be exposing themselves, their family, or others to dangerous asbestos fibers.

Asbestos Lawsuit

Jefferson County, TX: The executrix of the estate of the late Arlis Hall has filed an asbestos lawsuit naming AMF and 16 other companies as defendants. In her lawsuit, Sherri Hall alleges the defendants negligently exposed her benefactor to asbestos. In addition to punitive damages, the plaintiffs are suing for their mental anguish and loss of companionship.

Specifically, the asbestos lawsuit claims that Arlis Hall was exposed to asbestos products throughout his career working at a refinery. The lawsuit alleges the defendants negligently manufactured, sold and used asbestos containing products despite having actual knowledge of the health hazards associated with the carcinogen.

The other defendants named in the suit include: B&B Engineering & Supply, Bridgestone Americas Tire Operations, Certainteed, Chevron U.S.A., E.I. DuPont De Nemours, Entergy Texas, ExxonMobil, Foster Wheeler Energy, Foster Wheeler USA, Goodyear Tire & Rubber, Guard-Line, Gulf Oil, Huntsman Petrochemical, Texaco, Wyeth Holdings and 4520 Corp. (setexasrecord.com)

Jefferson County, TX: Nelda Humble, the widow of Keltus Humble, has filed an asbestos suit naming Goodrich Corp. and Michelin North America as defendants.

In her complaint, Mrs. Humble claims that Keltus Humble was exposed to asbestos dust and fibers while employed by B.F. Goodrich in Jefferson County. “As a result of such exposure, Herbert Carmon developed an asbestos related disease, pleural disease and mesothelioma/lung cancer, from which she died a painful and terrible death on Sept. 9, 2012,” the asbestos lawsuit states.

The lawsuit claims the defendants were negligent in their failure to warn employees of the health dangers known to be associated with asbestos. (setexasrecrord.com)