Here are some of the recalls and warnings from this past week of note:

1. Gore Bicycle Brake Cables: May cause brake failure. Learn more here.

2. GTC Advance Extra Grip Tires. Line: AR215. Size: P235/75R15 LT. Find out more here.

3. Lenovo ThinkCentre Desktop Computers. Fire hazard from overheating of an internal component in the power supply. Learn more here.

4. Skin Creams with Mercury. Skin lighteners and anti-aging creams manufactured abroad found to have mercury in them. Find out more here.

5. Meijer improperly disposes of recalled items by selling them to discounters, who, in turn, sell them to the public. Dollar stores, flea markets, thrift stores and other discount retailers are involved. Products include:

– Innovage Discovery Kids Animated Marine and Safari Lamps
– Infantino “SlingRider” Baby Slings
-Hoover WindTunnel T-Series™ Bagless Upright Vacuum Cleaners with Cord Rewind Feature
-Fisher-Price Ocean Wonder Kick & Crawl™ Aquarium (H8094)

-Fisher-Price Little People Wheelies Stand ‘n Play Rampway
-Fisher-Price Barbie Tough Trikes (Model: M5727)

-Fisher-Price Kawasaki Tough Trikes (Model: N6021)

-Munchkin Bathtub Subs
-Sassy Refreshing Rings Infant Teethers/Rattles
Here is more information.

Dangerous and defective products are responsible for many injuries and deaths nationwide. Our profession calls this area of law products liability. Consulting an attorney experienced in handling these matters is usually easy. Most lawyers will provide a complimentary initial consultation to evaluate a claim or case and let the person know if they can help.

This consumer protection information is provided by Louisville, Kentucky attorney Will Nefzger, a partner at Bahe Cook Cantley & Nefzger PLC.

The U.S. Consumer Product Safety Commission, in cooperation with Hong Kong Genexy Group Co. Ltd., of Hong Kong, has announced a voluntary recall of the Umbro Boys’ outerwear jackets. Anyone who has one of these jackets should stop using recalled products immediately unless otherwise instructed.

The jacket in question has a retractable elastic drawstring at the waist with a toggle that could become snagged or caught in small spaces or doorways; this poses a hazard for smaller children., CPSC issued guidelines (pdf) about drawstrings in children’s upper outerwear and in 1997, those guidelines were incorporated into a voluntary standard.
Incidents/Injuries: None reported
This particular recall on behalf of Umbro involves nylon jackets sold in sizes medium to extra large. “Umbro” is printed on the front upper right side of the jackets. The bottom of the jacket has a drawstring with toggles. The jackets were sold in five color combinations: black, black/royal, black/Tabasco, black/cedar, and navy.

These jackets were sold at Ross Stores nationwide from April 2011 through January 2012 for about $8. Consumers should immediately remove the drawstring and return the jacket to Umbro for a full refund.

The family of a 15-year-old girl who died from injuries sustained in a car accident have filed suit against the Utah Department of Transportation.

In a tragic sequence of events Michael Barneck drove his daughter Justine and her friend on State Road 35 to drop off the friend at her house. Less than an hour later, Barneck and his daughter were returning home and were not aware that the road in front of them had collapsed creating a chasm more than 20 feet deep and 30 feet wide. “The road had collapsed as a result of water that gradually backed up at the point where the creek bed passes under SR35 near Tabiona,” the lawsuit states.

Barneck’s Ford Excursion struck a piece of asphalt where the road had given way. The velocity of the SUV carried it over the hole, and it crashed on the far side. Justine died from injuries in the crash. Michael Barneck suffered serious injuries, the lawsuit states.
Another vehicle had already driven into the hole from the opposite direction that same night, court documents say. That driver also suffered serious injuries.

The lawsuit says earlier that day, UDOT employees worked in the area where a blocked culvert had caused temporary lake of about 20 feet deep. The suit alleges that “despite the failure to remedy the situation, UDOT’s agents and employees discontinued working at the site of the blockage and temporary lake sometime in the afternoon or evening of July 13, 2011.”

There was no agent of UDOT that was kept there after working hours to monitor or warn of the incredibly dangerous situation created by the water and saturated fill. The lawsuit claims the agency was negligent in not posting warnings of any kind or putting lighting in the area.

Gerber has recalled some batches of Gerber® Good Start® Gentle powdered formula, and is offering a replacement to consumers.
The formula involved in the recall is Gerber® Good Start® Gentle powdered infant formula in the 23.2 ounce plastic package from batch GXP1684 expiration date of March 5, 2013.
Gerber says some cases of vomiting and other gastrointestinal complaints have been reported.

Those who have purchased the formula with the batch code and expiration involved can contact the Gerber Parents Resource Center at 1-800-487-7763 to get a replacement.
No other Gerber® or Gerber® Good Start® products are involved in the recall.

A crash Tuesday on southbound interstate 65 near the exit ramp at Grade Lane in Louisville tragically killed 53 year-old James Savage.

Police are reporting that Savage was on his motorcycle traveling in between a truck and tractor-trailer when the truck went into Savage’s lane and pinned him against the tractor-trailer.

Savage was thrown from his motorcycle and was pronounced dead at the scene. Neither of the other drivers involved were injured. An investigation is ongoing.

If police accounts of how the wreck happened are true, Mr. Savage’s family will have a valid claim for Savage’s wrongful death against the driver of the truck. While police investigations are often helpful, it is also important for victims’ families to retain an independent accident reconstructionist to help find answers. In this case, it will be crucial to determine how and why the truck driver swerved into Savage’s lane. Distracted driving? Driving under the influence? Was there a problem with the mechanics of the truck? The answers can sometimes make a difference in what types of damages are likely to be recovered if a claim is filed and even who a claim can be filed against.

Our hearts go out to Mr. Savage and his family. We use our blog as a forum to educate the public using real life events. However, we are very sensitive to the fact that these real life events have resulted in a tragedy that will inflict great pain and sorrow on those involved and those close to the victim(s). As such, we understand that they may not approve, and we will immediately remove a post if a victim or their loved ones makes that request.

James Savage, 53, of Louisville sustained fatal injuries when the motorcycle he was riding was apparently hit by a pickup truck thereby by wedging him into a semi tractor-trailer. Mr. Savage was ejected from his bike and then struck by one or more of the vehicles. He was pronounced dead at the scene.

Our sympathies and condolences go out to Mr. Savage’s friends and family during this time of unparalleled grief. Hopefully, the accident investigation will reveal all the causes and answer the questions his friends and family surely have.

Driver error appears to be the culprit here, but only by conducting a full investigation can all the true causes be discovered. Faulty mechanics, poor or flawed design, defects in manufacturing and negligent repairs or maintenance should be examined. Furthermore, car and truck wrecks, such as these, also often involved complex questions of law regarding insurance coverage. Hopefully, all responsible parties will have sufficient insurance coverage to pay for the harms and losses they are responsible for causing.

We use our blog as a forum to educate the public using real life events. However, we are very sensitive to the fact that these real life events have resulted in a tragedy that will inflict great pain and sorrow on those involved and those close to the victim(s). As such, we understand that they may not approve, and we will immediately remove a post if a victim or their loved ones makes that request.

Bahe Cook Cantley & Nefzger is pround to announce that firm attorneys John A. Bahe, Jr. and Vanessa B. Cantley have been voted among Louisville top plaintiff’s litigators by their peers in the most recent edition of Louisville Magazine. (Currently, the edition is only available in paper and is not yet online). The honor is given to attorneys in many different categories and receipients are selected by their peers. John and Vanessa were selected in the Personal Injury Lawyers section. While the list does not differentiate between plaintiffs’ attorneys and defense attorneys, BCCN is the only plaintiff-side firm to have two attorneys selected in this group. Congratulations to both John and Vanessa. We’ve known for years that they are great litigators. But now it appears that they have a growing group of admirers amongst the Louisville bar.

Bahe Cook Cantley & Nefzger PLC is proud to announce that this past weekend the firm was honored to host American Association for Justice (“AAJ”) President-Elect Mary Alice McLarty. Better known as “Mary Alice from Dallas” Ms. McLarty is a respected and talented trial attorney working in Texas who specializes primarily in catastrophic injuries involving Reflex Sympathetic Distrophy, a painful and debilitating disease caused by traumatic injury. More about her can be seen on the AAJ’s website here.

While in Louisville, Ms. McLarty spent time meeting with BCCN lawyers in the office during the day on Friday to discuss the importance of AAJ, the AAJ PAC, and other important facets of the organization. She also met privately with several BCCN partners, giving career advice and swapping war stories. After work was done, Ms. McLarty and several BCCN attorneys attended an AAJ cocktail reception at BCCN partner Shawn Cantley’s new bar, The Silver Dollar, followed by dinner and a night out on the town. Finally, on Saturday, Ms. McLarty generously donated her time and talent to assist in judging AAJ’s law school regional Mock Trial competition with several other BCCN attorneys. The competition was organized by BCCN partner Will Nefzfger with the assistance of BCCN associate Lauren Marley.

BCCN is extremely honored to have hosted Mary Alice, a true champion of justice. We would also encourage any attorney who is not yet a member to join and become involved in AAJ.

The U.S. Consumer Product Safety Commission (“CPSC”) in announced a recall of LED Night Lights made by AmerTac. Three models of AmerTac night lights are being recalled. Each has a model name and two model numbers. The recall affects about 227,000 units.

The recall is taking placed due to reports of an electrical short circuit in the night light can cause it to overheat and smolder or melt, posing fire and burn hazards. AmerTac has received 25 reports of the night lights smoking, burning, melting and charring. Fortunately, no injuries have been reported.

The model name and a secondary model number appear only on the packaging. The basic model number appears on the back of the night light. The night lights are rectangular, about 2-3/16 inches high, 3-1/2 inches wide and 1-1/4 inches deep. The front housings for each are either white- or nickel-colored plastic with four horizontal vents and a round light sensor above the top vent. The backs of the night lights are gray plastic with the AmerTac™ logo, the basic model number, “SY” identification code and “ETL” molded into them. Only models bearing “SY” on the back are being recalled. The following night lights are being recalled:

Model Name on Packaging Model Number on Packaging Model Number on Night Light
Amerelle 71190 71190 or 71190A
Amertac 327895
Everyday Basics 076092
The nightlights were sold at hardware stores, home centers and lighting showrooms from March 2009 through October 2010 for about $6.

BCCN partner Will Nefzger and associate Lauren Marley coordinated the American Association for Justice’s mock trial competition for law students called the Student Trial Advocacy Competition (STAC). AAJ asked Will to volunteer to coordinate one of 16 regional tournaments in Louisville. The competition was held from March 2-4 at the Jefferson County Hall of Justice. The competitors included teams from:

Northern Kentucky University (1)
Indiana University (2)
Notre Dame University (2)
Valparaiso University (1)
University of Tennessee (2)
University of Oklahoma (2)
University of Tulsa (2)
Oklahoma City University (1)
Charlotte School of Law (1)
Duke University (1)
Loyola University, New Orleans (1)

Both Notre Dame teams made the finals and both will advance to the national finals in Las Vegas, NV.