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Archive for November, 2009

Asbestos – Unsafe At Any Level

Posted on November 29th, 2009 by Robert D. Rowland

Recently the Surgeon General announced that asbestos exposure at any level is unsafe. Specifically, he has advised the public that there is no safe level of asbestos. This position is consistent with the view many lawyers, myself included, and experts have held for some time. A single asbestos fiber can cause mesothelioma, lung cancer or serious asbestosis.

Specifically, Surgeon General Steven Galson stated in a press release dated April 1, 2009, that “asbestos can be dangerous if it is inhaled. Activity that disturbs asbestos causing these small fibers to float in air increases the chances of inhalation and the contraction of asbestos-related disease. Disturbance is what leads to exposure. Do not attempt to touch or remove asbestos by yourself. Only people professionally trained and certified to safely handle asbestos should remove it.”

Despite this undeniable fact, asbestos is still mined and used in products sold in the United States. In 1972, The Occupational Safety and Health Administration (OSHA) issued its first asbestos exposure standard limiting the permissive exposure limit. This initial limit, two fibers per cubic centimeter of air over an eight hour time period, has been reduced to its current limit of .1 fibers per cubic centimeter of air.

Despite the Surgeon General’s statement and OSHA’s increasing strict limitation on exposure, it is interesting that the United States has not completely banned the sale or use of asbestos. It is even more interesting that over forty years, other countries have.

To learn more or contact this author, Robert Rowland, click here.

RJ Abernathy – An Introduction

Posted on November 29th, 2009 by RJ Abernathy

As this is my first blog post, I thought I would use it to explain a little more about myself and how I came to be an asbestos lawyer. I began working as a laborer with Laborers’ Local 100 in East Saint Louis, Illinois while I was still in high school. For the next twenty plus years, I worked on highways and bridges, commercial buildings and industrial facilities in and around St. Clair and Madison counties. My family has always been a big part of Local 100, my dad and two of his brothers all worked for many years out of Local 100. Even today, I have seven cousins who are members of and work each day out of the Local.

I have also always been someone who enjoys giving my time to others. While a member of Local 100, I served as a delegate to the Southwestern Illinois Building and Construction Trades Council for nine years. With this group, the delegates from the various trades worked to help increase the percentage of jobs that union contractors were awarded. We also strove to maintain and encourage better cooperation on the jobsites between and among the various trades.

My wife and I, along with several other dedicated souls, ran the Fairview Heights Khoury League from 2001-2004. As President of the youth sports league, I worked hard to increase the number of kids playing baseball, softball and T-Ball. I enjoyed my time spent as the president of the league, and continue to coach my son’s team even now.

I also believe that the community in which you live can only be improved through direct involvement of its residents. I jumped at the chance to join the Fairview Heights Zoning Board of Appeals. On this volunteer board, we hear from other residents and business owners who seek variances from the development code. In this position, I have a chance to help ensure the stability of our property values by ensuring that the ordinances are followed or helping a resident or business owner secure a variance when it is warranted.

Lastly, I would just like to let everyone know that the best part of my job is getting out of the office and meeting with our clients and prospective clients, discussing their problems with them and offering them potential solutions. The people I speak with and work for are all hardworking men and women who are often going through the worst time of their lives. It is an awesome and humbling responsibility when they place their trust in me as their lawyer.

To learn more or contact this author, RJ Abernathy, click here.

$1.3 Million Award Against Missouri Department of Transportation

Posted on November 24th, 2009 by The Firm

A former member of GHAR represented the family of Jemma Dant, a 28 year-old woman who was tragically killed on December 6, 2005. Ms. Dant, on what would have been her second day at a new job, was sitting in traffic on westbound 44 at Vandeventer. Traffic backup was so severe that Ms. Dant was 1450 feet from the exit. The backup caused her to sit, stopped, on the actual interstate where cars were traveling at high speeds. At the same time, a tractor trailer was traveling in the middle lane. The truck driver saw that his exit was after Vandeventer so he merged right. He saw that traffic was stopped and although he tried, was unable to stop his truck resulting in a collision with Ms. Dant’s vehicle. The collision was so violent that it shoved Ms. Dant’s car underneath the tractor trailer stopped in front of her, killing her instantly.

We all know how big and scary semi-trucks can be, especially when traveling fast. Most people fear driving too close to a semi because we know it is impossible for a, 80,000 pound truck to stop quickly. MoDot knew that traffic was backing up at this location for two years prior to this accident. In fact, it had a plan in place since 2003 to try to correct the problem. Even though it knew of the danger, MoDot did not warn motorists of the stopped traffic. We filed suit against MoDot and the truck driver, on behalf of Ms. Dant’s family. We settled out of court with the truck driver and his family.

The case was tried to a panel of three Arbitrators on November 9, 2009. We argued that the stopped traffic on the highway caused a dangerous condition that motorists should have been warned of. MoDot could have put in place signing telling thru traffic to stay out of the far right lane. It could have put up signing warning motorists of the traffic backup. We see signs similar to this all over today. MoDot had no answer as to why there were no signs. They didn’t think the signs were needed. A MoDot engineer even argued that putting up a sign would have been too difficult because the wind would have blown it down.

The Arbitrators agreed with us that MoDot was partly responsible for Ms. Dant’s death. They agreed that while the truck driver was to blame, MoDot shared that blame for failing to warn motorists, especially out-of-town motorists. An award of $1.3 million was entered in favor of the family. According to Missouri law, MoDot can only be liable up to $378,814 in such a case. This award will be reduced to the current cap.

This was one of the most unfortunate cases I have ever worked on not only because of the immense loss, but because it was preventable. Hopefully, this case will be a reminder to MoDot, and other public entities, that corners should not be cut when it comes to human life.

To learn more, contact us

Personal Injuries and Workers’ Compensation – Don’t Speak to the Insurance Company!

Posted on November 24th, 2009 by The Firm

Nothing is more frustrating to me than when an insurance company takes advantage of an injured person. It happens frequently. As soon as you notify the insurance company of your injury, whether it be from a fall, injury at work, or automobile accident, the insurance company will immediately try to take your recorded statement. Is the adjuster doing this to help you get compensated for your harms and losses? Absolutely not! He/she is trying to box in your story. The insurance adjuster knows it is unlikely that you have already hired an attorney to help you so the adjuster will try to get you to speak early. An attorney can help you avoid certain pitfalls – like providing details you aren’t sure of, downplaying your injuries, and providing irrelevant information.

If you are asked to provide a recorded statement, kindly tell the adjuster that you will be happy to do so, after you hire counsel. Then, hire counsel! We can walk through the likely questions with you and discuss your case. You likely have questions – the insurance adjuster is not the one to ask. The insurance company can, and will, withhold any benefits due to you until you provide a recorded statement which it is why it is crucial to find legal representation quickly. If you were in an automobile accident, it may make sense for you to contact your own insurance company but there are exceptions. You need to speak to an attorney about that question. Until you hire an attorney, follow your doctor’s advise, get well, and do not speak to the insurance company.

To learn more or to discuss Workers’ Compensation, contact Robert Rowland.

Be Picky When Hiring an Injury Attorney

Posted on November 24th, 2009 by The Firm

Whether you were injured in Illinois or Missouri…whether you were injured at work, on property, by a doctor, by a product, or in an automobile, finding the right attorney for you will be one of the most important decisions you will make. There are lots of lawyers out there – some are alike but some are very different. Would you go to just any doctor? Would you buy any house? No. Big decisions need to be made according to what is right for you.

Anyone can buy a fancy ad these days. That doesn’t make him a good lawyer. That doesn’t mean he will listen to your needs, and be responsive when you need him to be. Ask yourself what you expect from your attorney and then research and ask around to find the right match. Check out the attorney’s prior success and read testimonials. Most importantly, at least speak to or meet with the attorney in person before you hire him or her. If you do not feel comfortable with the attorney, it probably isn’t a good match.

Do you want a huge firm with so many cases that the attorneys are too busy to work on your file? Or do you want a smaller firm who is selective in what cases it takes so that the attorney can provide you with individualized attention? Do you want a firm with a proven track record and respected in the community? Do you want a responsive attorney that you can get a hold of? Do you want an attorney who will work on your file until completion or one that will pass your file off to other attorneys? These are all important issues that may affect how pleased you are with your choice of counsel. Choose wisely.

To learn more about hiring an attorney, contact Robert Rowland or fill out our contact form.