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The laundry room of Faxton St.-Luke’s Hospital, based in Utica, caught fire on Saturday. According to firefighters, the smoldering fire was caused by laundry lint and pipe insulation that had been ignited by sparks created by welding underway to repair a washing machine. The worker was not injured on the job and, fortunately, the fire was extinguished before any hospital patients were injured due to smoke inhalation or burned by flames.

Generally, hospital fires occur in the kitchen and other cooking areas — as many as 1,600 each year. According to the National Fire Protection Association, as many as 52% of hospital blazes arise out of cooking-related activities. Often, this is because there is a heat source, fuel source, and poor supervision.

Very few hospital fires cause fatalities. On average, only one death per year. By comparison, the Centers for Disease Control reports that as many an 99,000 people die each year from infections acquired during a hospital admission.
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A lawsuit was filed last week on behalf of a Mannsville woman whose husband was killed in a construction accident last month at Hanson Aggregates, Inc. According to court documents, the man was operating a bulldozer while building a ramp on the property when he lost control of the machine and was ejected, then run-over. Court documents allege that the ramp partially collapsed, leading to the loss of control.
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After a long winter, the sun is finally warming Central New York. Residents in Syracuse, Oneida, Oswego, Cortland, Ithaca, Auburn and Watertown will soon be spending much of their time outdoors, whether golfing, boating, biking, running, skateboarding, or rollerblading.

According to the Brain Injury Association of America, Syracuse-area residents and their children should remember to obey the rules of the road and wear a properly fitting helmet. A $20 helmet that fits properly and is worn properly can reduce the risk of brain injury and brain damage by nearly 90%. Choosing the right helmet and wearing it the right way are critical.

To avoid a traumatic brain injury or concussion, remember:

1. Helmet straps should form a “V” under the ears.
2. Chin straps should be connected and snugged. No more than one finger width of space should separate the strap from the chin.
3. Helmets should be worn on the forehead no more than two finger-widths from the eyebrows.
4. Helmets should not move side-to-side (laterally).
5. Helmets should match the sport. That is, a helmet designed for rollerblading should be worn for that sport, not for softball.
6. Helmets should be inspected for damage.
7. Helmets with cracks or other visible damage should not be worn.
8. Children should wear helmets whenever practicable. In the State of New York, all bicycle riders under age 14 must wear a helmet.
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Several different brands of children’s face paints have been recalled due to “adverse reactions.” The paints were recalled following a release from the Food and Drug Administration, which reported complaints of rashes, irritation and swelling where the paints were applied to children’s faces. According to reports, the paints contained high yeast and mold counts.

Fun Express, Inc., recalled the paints. Fun Express is a wholly owned subsidiary of Oriental Trading Co. The paints were made in China by Shanghai Color Art Stationery Company, Ltd. The recalled product numbers are:

85/2077 (blue)
85/2078 (purple)
85/2079 (red)
85/2080 (orange)
85/2081 (black)
85/2082 (green)
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A product liability trial arising out of an alleged custom motorcycle defect begins today in the United States District Court for the Northern District of New York. The plaintiff’s claims against the defendant, a California-based company with a worldwide distribution network, include defective design, defective manufacturing, inadequate warnings, breach of warranty and negligence. The Honorable David E. Peebles, United States Magistrate Court Judge, will preside over the trial, which is expected to last two weeks.

The plaintiff in the lawsuit captioned Marcus J. (Marc) Mathews v. Big Bear American Made Choppers, Inc. (Case No.: 5:04-cv-1206), is a forty year old resident of Solvay, New York. He is represented by Anthony S. Bottar and Michael A. Bottar, of the Syracuse, New York law firm of Bottar Law, PLLC.

According to the complaint, on June 13, 2004, the plaintiff was riding his three month old Venom ProStreet motorcycle in Alton, New Hampshire when the front fender assembly failed causing the nearly 10 pound fender to come into contact with and lock the front tire of the motorcycle. The plaintiff then lost control of the motorcycle, crashed into another motorcycle, and was thrown into a ravine where he sustained severe arm and leg injuries. After more than two years of surgeries, the plaintiff’s right leg was amputated above the knee.

According to court records, the Alton Police Department, with assistance from New Hampshire State Troopers, conducted an investigation after the accident which revealed that two of the four ¼”-20 screws intended to hold the motorcycle’s front fender to the bike had fallen out prior to the accident. Eye witness accounts, a tire imprint on the underside of the front fender, and a distinct skid signature left on the roadway led the police to conclude that a defect in the motorcycle caused the accident.

After three years of discovery, the plaintiff’s attorneys claim that Big Bear American Made Choppers had actual or constructive notice, more than one year prior to the plaintiff’s accident, that the method it selected to attach the Venom’s front fender to its lower legs was inadequate.
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A building located at the corner of North Townsend Street and Union Avenue, in downtown Syracuse, New York, collapsed today without explanation. The structure, which may have been undergoing construction or renovations, is located next door to St. Joseph’s Hospital Health Center. No injuries were reported. The fire department is investigating.
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Highway and roadway work zones, which are the areas along many Central New York Roadways now marked by orange cones and hazard signs, are dangerous for all involved. Hundreds of car accidents occur every year in and around work zones. Many of those accidents are driver vs. driver, such as when one operator fails to slow for a work zone and rear-ends another driver. Others are driver only, such as when an operator loses control of his or her car because of construction underway at a work zone, e.g., a pavement drop off.

A handful of accidents are driver vs. construction worker, such as when a careless operator strikes a construction worker performing his or her job along the side of a roadway. Last year, there were 18 work zone related accidents – three construction workers lost their lives. A fatal work zone accident occurred in Chenango County in 2005, when a tour bus operator drove crashed the bus into a work zone and killed three construction workers.

According to the New York State Department of Transportation and the New York State Police, work zone accidents are avoidable if drivers pay attention. Under the Work Zone Safety Act of 2005, Troopers are strictly enforcing work zone speed limits to ensure that construction workers, who are responsible for maintaining our roadways, return to their families at the end of each day. The Act increased penalties and fines for work areas throughout New York State. As few as two violations can result in a New York State license suspension.

From the New York State Department of Transportation website, please remember to slow for work zones, obey posted speed limits, maintain safe distances between you and other drivers, maintain safe distances between you and construction workers, and be courteous.
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According to the Post Standard and a recent study conducted by the SUNY College of Environmental Science and Forestry, lead levels were elevated in the dirt from all but one Syracuse-area garden tested. The gardens tested around Syracuse include: Isabella Street Community Garden, West Newell Street Garden, Avery Avenue Garden, Lipe Art Park, Wescott Garden, Townsend Garden.

Many of the gardens, which are located on the City’s north and south sides, are maintained by resident gardeners who have worked for years in the dirt and soil. These residents, who today learned that they may have been exposed to lead and other toxic chemicals, are understandably upset. Especially as, according to the study, the City of Syracuse may have been once source of the contamination.

Normal lead levels are 40-50 ppm. The levels in the gardens tested ranged from 46-820 ppm. More disturbing was the fact that the arsenic levels were even higher. Normal arsenic levels are 0.4 ppm. In all but one garden tested, the levels were 8-17 ppm. Possible sources of the lead contamination include roadway runoff laced with pre-1986 lead gasoline additives, lead-paint from homes, and topsoil trucked by the City to the gardens – topsoil which the City collected from Syracuse-area yard waste. The arsenic contamination like came from decomposing pressure-treated wood and/or pesticides.

Chemicals in the gardens is a cause of concern for many, as dozens of residents have worked the soil for years. Some of the gardens have also been used to grow food. Without proper precautions, lead and arsenic can be absorbed by the body through contact.

There is no safe level of exposure to lead or paint. Lead exposure can make adults sick and can cause permanent neurological and brain damage in children. Arsenic exposure has been linked to damage to the circulatory systems as well as cancer.

The Post Standard quoted Mable Wilsonm founder of the Newell Street Community Garden, as saying that “[i]t feels like environmental discrimination. This is our community. You are tearing it down. At least put down good soil.”


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A big rig rolled over on Route 17 yesterday on State Route 17 just before the Apalachin exit. The tractor trailer driver crashed while he was attempting to avoid a deer in the roadway. While the driver was not injured, traffic was delayed in both directions which the scene of the accident was cleared.

According to the National Center for Statistics and Analysis, more than 25% of tractor trailer drivers involved in fatal crashed (in 2004) had one or more prior speeding convictions. Nealy 10% has a prior license suspension or revocation. Seven percent of truck drivers had a previous license suspension or revocation. While most trucking companies due diligence when hiring employees, unscrupulous trucking companies intentionally hire truck drivers with blemished records in order to save costs. Should an accident occur, the trucking company and the driver may be accountable.
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The Syracuse chapter of the Brain Injury Association of New York State recently announced that it will hold its Fourth Annual Golf Classic on June 25, 2009, at Turning Stone. Cost to enter the tournament is $200 per player – proceeds to go to the Syracuse chapter of the Brain Injury Association.
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