Thursday, September 1, 2016

Driver critically injured when his minivan was struck by a trailer that came loose from a 2009 Jeep Grand Cherokee in NC






The driver of the minivan was rushed to the hospital Thursday.

Thursday, September 01, 2016 05:04PM
FAYETTEVILLE (WTVD) -- A person was critically injured Thursday when their minivan was struck by a trailer that came loose from another vehicle.

It happened about 2:15 p.m. on Bragg Boulevard near Pilot Avenue. Police said a 2009 Jeep Grand Cherokee was traveling east on Bragg Boulevard while pulling a trailer that detached from the Jeep near the intersection.

The trailer struck a 2001 Dodge Grand Caravan that was going west on Bragg. The driver of the Dodge, who has not been named, was rushed to Cape Fear Valley Medical Center and is listed in critical condition.

Fayetteville Police continue to investigate the crash.

A portion of Bragg Boulevard was closed after the accident, but the road has since reopened.

Anyone with information regarding the incident is asked to contact the Fayetteville Police Department's Traffic Unit at (910) 433-1885 or Crimestoppers at (910) 483-TIPS (8477).

Phosporus fire at the ICL Chemical plant in Gallipolis Ferry, prompts shelter in place in WV






Chemical leak, fire spark WV shelter-in-place warning


Erin Beck , Staff Writer
August 31, 2016


Residents and others near a Mason County chemical plant were told to shelter in place for about an hour Wednesday after a phosphorus fire at the plant.

Emergency officials warned people within two miles of the ICL Chemical plant in Gallipolis Ferry, including students in a nearby school, to shelter in place.

Around 12:08 p.m., the chemical began leaking in the phosphorus unloading station, resulting in a fire, according to a statement from Kurt Dailey, health, safety and environmental director for ICL. The company — which the U.S. Occupational Safety and Health Administration fined in 2009 after two leaks occurred in the same day — sounded an emergency-alert siren in response.

The fire caused a “cloud to form,” according to callers to the state’s emergency-spill line.

“Phosphorus fires create a great deal of smoke,” the company’s statement said. “The leak and resultant fire was controlled by plant personnel and no one was injured during this event.”

Dailey did not respond to multiple phone calls or emails asking for more specific details of the incident and possible health or environmental effects.

Kelley Gillenwater, spokeswoman for the West Virginia Department of Environmental Protection, said the company reported that the leak began in a trailer-mounted tank, possibly because of a gasket failure. The company’s own automatic sprinkler system was activated, according to Gillenwater.

The company’s statement said it is investigating the cause of the leak.

Gillenwater said the DEP has asked how much of the chemical was released, but it hadn’t been informed as of Wednesday evening.

She said the DEP had an emergency response team on the way Wednesday, but that the team turned around when the company gave the “all-clear” at about 1 p.m.

Gillenwater said she didn’t know why the shelter-in-place warning was lifted. “That wasn’t a DEP decision,” she said.

Charles Blake, director of Mason County emergency services, said he made the decision after a local fire chief spoke to company officials and they agreed that the “imminent danger” was over.

Neither Gillenwater nor Blake knew if any on-site air monitoring was done Wednesday.

“We weren’t given that information,” Blake said.

Multiple callers to Mason County 911 reported smoke, fire, an explosion and the sound of the facility’s emergency-alert siren, according to a news release from the Mason County Office of Emergency Services. Police, medics, firefighters and state road workers responded to the plant, located between W.Va. 2 and the Ohio River.

A dispatcher said residents within two miles of the plant were told to shelter in place “as a precautionary measure.” That area included the Beale School.



W.Va. 2 was closed during the incident. Ohio River marine traffic and CSX railroad train traffic also was halted.

All first responders had cleared the scene by about 1:30 p.m., according to the statement from the Mason Office of Emergency Services.

Gillenwater said a Division of Air Quality inspector and a Division of Water and Waste Management inspector would visit the site today.

ICL Chemical, formerly known as Israel Chemicals, acquired the plant in 2007 when it bought the plant’s owner, American chemical company Supresta. The plant was formerly owned by Dutch chemical company Akzo Nobel.

The same plant was fined in 2009 for workplace safety and health violations after two leaks occurred on the same day. The U.S. Occupational Safety and Health Administration issued citations for seven serious violations, one repeat violation and one other-than-serious violation. OSHA settled that case — originally $44,000 in fines — for $29,500, according to OSHA records.



======




UPDATE: WV DEP to inspect Mason County chemical plant after fire causes shelter-in-place



By WSAZ News Staff, Kaitlynn LeBeau |
Updated: Wed 7:59 PM, Aug 31, 2016





UPDATE 8/31/16 @ 6:53 p.m.
MASON COUNTY, W.Va. (WSAZ) -- The West Virginia Department of Environmental Protection says it will be inspecting a Mason County chemical plant Thursday after a fire at the plant Wednesday caused a temporary shelter for neighbors.


courtesy of Tara Supple

The WV DEP tweeted this statement out Wednesday evening: "Tomorrow we will have inspectors from our Division of Water & Waste and our Division of Air Quality onsite at the ICL facility."

The fire happened at the ICL chemical plant in Gallipolis Ferry, prompting a shelter-in-place for the area.

Plant officials say no one was hurt in the incident, which led to the temporary closure of state Route 2 in that area and a shelter in place for a 2-mile radius.

"We're very concerned about our community and the people that work here at the plant, and we are usually very cautious and sound that alarm whenever we feel the potential for anything leaving the plant site and going into a neighborhood," said ICL Health Safety and Environmental Director Kurt Dailey. "It doesn't happen particularly often, but it's part of our protocol to make sure we protect the health and safety of the community and the children in the school just down the road from us."


Dailey explained that a leak developed at 12:06 p.m. from the plant's phosphorus unloading facility, causing a fire that led to the shelter-in-place alert.

"Phosphorus fires create a great deal of smoke, and this leak and resulting fire was controlled by plant personnel quickly, and no one was injured during this event," Dailey said. "Plant personnel coordinated with the local 911 center and fire departments to control traffic near the plant, as well as the rail traffic."

The all-clear was announced about 1 p.m.

Dailey said educators at nearby schools know the shelter-in-place protocol, which keeps any kind of leaked material from getting inside a building.

At Beale Elementary, which is just down the road on Rt. 2, went right into their drill according to Principal Pat Brumfield.

"We practice this several times throughout the year," said Brumfield. "The students reacted marvelously, they had no problem with it. They just assumed it was a drill so they weren't panicky."

Brumfield said students were out on the playground when they heard the siren go off at the plant. She says ICL also called them to notify them about the shelter-in-place.

About 300 kids go to the elementary school, Brumfield said. She told WSAZ they immediately followed protocol which was to take the kids and staff to the far end of the building, seal the doors with plastic, turn off the air conditioning so no gas could get in through the vents, bring drinks, snacks and any medications the kids may need if they are stuck for an extended period of time, and throw out any cafeteria food that could have been contaminated.

Brumfield says everything went off without a hitch because the staff stayed calm and worked quickly.

"We were set for quite some time if anything lasting happened," said Brumfield. "They [the staff] were all very professional. No one was upset and panicky and so that kept the kids calm. It just worked out really well today."

The superintendent also commended the staff for how they handled what could have been a high-stress situation.

The school did not have to dismiss early because the shelter-in-place was lifted, but Brumfield says buses were on standby just in case. She says the communication between the plant, the school and the 911 center also helped the afternoon go smoothly.

"It's a really great working relationship that we have," said Brumfield. "We're their [ICL] first call. When they have an incident they call us first and then when it's all clear they call us first."

Dailey also explained that phosphorus is a solid that becomes a liquid when it's heated to a certain temperature. It spontaneously combusts when it comes in contact with oxygen.

There is no current estimate of damage to the ICL plant which manufactures hydraulic fluids and chemicals used in the plastics business.
UPDATE 8/31/16 @ 2:35 p.m.
MASON COUNTY, W.Va. (WSAZ) -- More details are being released about a temporary shelter in place issued Wednesday afternoon for Gallipolis Ferry residents near the ICL chemical plant.

Plant officials say no one was hurt in the incident, which led to the temporary closure of state Route 2 in that area and a shelter in place for a 2-mile radius.

"We're very concerned about our community and the people that work here at the plant, and we are usually very cautious and sound that alarm whenever we feel the potential for anything leaving the plant site and going into a neighborhood," said ICL Health Safety and Environmental Director Kurt Dailey. "It doesn't happen particularly often, but it's part of our protocol to make sure we protect the health and safety of the community and the children in the school just down the road from us."

Dailey explained that a leak developed at 12:06 p.m. from the plant's phosphorus unloading facility, causing a fire that led to the shelter-in-place alert.

"Phosphorus fires create a great deal of smoke, and this leak and resulting fire was controlled by plant personnel quickly, and no one was injured during this event," Dailey said. "Plant personnel coordinated with the local 911 center and fire departments to control traffic near the plant, as well as the rail traffic."

The all-clear was announced about 1 p.m.

Dailey said educators at nearby schools know the shelter-in-place protocol, which keeps any kind of leaked material from getting inside a building.

He also explained that phosphorus is a solid that becomes a liquid when it's heated to a certain temperature. It spontaneously combusts when it comes in contact with oxygen.

There is no current estimate of damage to the ICL plant which manufactures hydraulic fluids and chemicals used in the plastics business.
UPDATE 8/31/16 @ 1:20 p.m.
MASON COUNTY, W.Va. (WSAZ) -- A shelter in place has been lifted early Wednesday afternoon after an incident at the ICL chemical plant in Gallipolis Ferry, Mason County 911 reports.

State Route 2 also was temporarily closed in that area, but it has since reopened.

An incident happened at the plant around noon, and a large vapor cloud was visible in the area just afterward.

Details about what happened are unavailable at this time.

Keep checking WSAZ Mobile and WSAZ.com for the latest on this story.
ORIGINAL STORY 8/31/16 @ 12:26 p.m.
MASON COUNTY, W.Va. (WSAZ) -- A shelter in place has been issued for a 2-mile radius around the ICL chemical plant in Gallipolis Ferry, Mason County 911 reports.

The incident was reported just after noon.

Mason County 911 also reports that state Route 2 is closed in both directions in that area.

Other details are unavailable at this time.


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Chemical leak, fire results in shelter in place 

Shelter in place later lifted after incident at ICL-IP

By Beth Sergent - bsergent@civitasmedia.com





Traffic on W.Va. 2 came to a stop on Wednesday afternoon in both directions near the ICL-IP America chemical plant in Gallipolis Ferry. A shelter in place was issued and later lifted, after a phosphorous leak and subsequent fire at the facility.


GALLIPOLIS FERRY, W.Va. — A phosphorous leak and subsequent fire at ICL-IP America on Wednesday resulted in a shelter in place for area residents and halted traffic on W.Va. 2 in both directions.


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Mason County Office of Emergency Services Deputy Director RC Faulk reported at approximately 12:08 p.m., the Mason County E-911 Center began receiving “multiple calls” reporting an emergency at the ICL America chemical facility in Gallipolis Ferry. Faulk said these calls contained reports of an “explosion, fire, smoke” and that the community emergency alert siren was sounding at the facility.

Faulk said the Mason County E-911 Center immediately conducted a multi-disciplinary response of emergency responders consisting of Mason County Sheriff’s Department, Mason County Emergency Medical Services, Mason County Emergency Management, Point Pleasant Fire Department, West Virginia State Police and the West Virginia Division of Highways. Additional notifications were made to the Gallia County Ohio 911 Center and Gallia County Emergency Management, CSX Railroad and the United States Coast Guard.

At 12:14 p.m., a shelter in place was issued for the Gallipolis Ferry area, including at Beale Elementary School.

Faulk stated contact was made with Jack Cullen, superintendent of Mason County Schools and the principal at Beale, adding they were already following the shelter in place protocols.

“Any time there is an emergency in the Gallipolis Ferry area, we always have a heightened level of awareness due to the Beale School and the impact that any emergency may have on the staff and students in addition to the community members who live there,” Faulk said.

Officials with the West Virginia Department of Environmental Protection are investigating the incident, in conjunction with other state and local officials, according to Kelley Gillenwater with WVDEP.

In a statement to the Point Pleasant Register, Gillenwater said as of Wednesday afternoon, ICL-IP reported to WVDEP’s Division of Air Quality, that the leak occurred from a trailer-mounted iso-tank.

She explained: “The material was white phosphorous, which is a raw material used in a process at the plant. The company suspects a gasket failure but we don’t have any details about that yet. The iso-tank, prior to transloading, is heated, which creates additional pressure inside the tank. Therefore, if there is a loose or failed gasket or any sort of integrity issue with the system, a leak could occur. We’ve asked for details about the size of the tank (iso-tank sizes vary) and the amount of phosphorous released but haven’t received that information yet.

The company had a deluge system in place – an automatic sprinkler system. The water released blanketed the material to help keep it from reacting with oxygen, which dampened the fire and cloud.”

Gillenwater added WVDEP were sending a couple of inspectors to the plant on Thursday, one from the Division of Air Quality and one from the Division of Water and Waste Management’s Environmental Enforcement group. WVDEP hopes to know more following that inspection, Gillenwater said.

There were questions from residents about whether or not the “cloud” they saw near the plant posed a health hazard. Gillenwater clarified WVDEP’s role in this regard, saying, that agency only deals with environmental issues and doesn’t have the expertise or jurisdiction to comment on health risks. As of Wednesday evening, ICL Health Safety and Environmental Director Kurt Dailey, said cleanup had been underway and therefore calculations were still being made to determine how much of the chemical was released, adding he couldn’t speculate on the exact amounts but “we don’t expect it to be” a health hazard. Still, Dailey said if someone was feeling ill, of course they should seek medical attention and anyone with any questions should feel free to call the plant.

Faulk said the “all-clear” was given at approximately 1:10 p.m., roughly an hour after Mason County 911 was alerted, and as of Wednesday afternoon. All response units had left the facility and the emergency was deemed over and the incident was closed out by Mason County OES, at 1:32 p.m. on Wednesday.

Faulk added, in addition to fire and emergency medical personnel on scene, standing by at a local command post were the West Virginia Division of Highways and the Mason County Sheriff’s Department conducting traffic operations to close Huntington Road (W.Va. 2) in both directions, the Ohio River marine traffic was suspended via the United States Coast Guard and CSX Railroad halted train traffic in the area due to the emergency so as not to pass a train through a hazardous materials incident, or cut off access to the facility for first responders due to the location of the railroad.

Dailey praised the first responders, employees and community members for an “outstanding job and response” to the situation. Dailey confirmed there were no injuries at the plant during the incident.

In addition to the company’s sirens, which are regularly tested, many in the community and beyond were alerted about the situation by a CodRed alert message distributed for this event. CodeRed is the county-wide emergency alert system that debuted earlier this year. Residents can sign up for these alerts by visiting the Mason County OES website at www.masoncoutyoes.com.

John Craig and Richard Gilman, both of Maine, are accused of setting fire to a commercial tractor trailer truck to collect insurance proceeds


Two northern Maine men have been charged with arson 
courtesy: MGN Online


By Tyler Michalowski |
Posted: Tue 4:12 PM, Aug 30, 2016

 
MASARDIS, Maine - Two northern Maine men have been charged with burning a commercial tractor trailer truck.

The State Fire Marshal's Office have arrested the owner of the truck 47 year old John Craig, from Masardis, and his employee 23 year old Richard Gilman of Millinocket.

Gilman is charged with Arson and Conspiracy to commit Arson. Craig was charged with Arson, Conspiracy to Commit Arson, Insurance Fraud and making False statements.

Police say that during the night of April 10th and April 11th the fire completely destroyed a 2012 Kenworth Truck. The fire was not reported until the next morning. Fire investigators say the fire was likely set to collect insurance proceeds from the truck. Gilman is currently in the Aroostook County Jail being held on $10,000.00 cash bail. Craig was release on$10,000.00 dollars cash bail. Both men are expected to appear in court later this September.





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Fire marshal’s office charges two with arson

By Contributed • August 31, 2016


MASARDIS, Maine -- The State Fire Marshal’s Office has charged two northern Maine men with burning a commercial tractor trailer truck, owned by John Craig Trucking.

According to Maine Department of Public Safety spokesman Steve McCausland, during the nighttime hours of April 10-11, 2016, the fire occurred at the work yard of John Craig Trucking, located on the Garfield Road in Masardis. The blaze completely destroyed a 2012 Kenworth Truck. The fire was not reported until the next morning.

Fire investigators say the fire likely was to collect insurance proceeds from the Kenworth Truck, McCausland said via a press release.

John Craig, 47, of Masardis, and an employee of Craig’s, Richard Gilman, 23, of Millinocket, have both been arrested.



Gilman was charged with arson and conspiracy to commit arson, a class B offense, and is currently in the Aroostook County Jail being held on $10,000 cash bail.

Craig was arrested on Aug. 25 and charged with arson, conspiracy to commit arson, insurance fraud (deception, class B) and false swearing (class D). Craig was released on $10,000 cash bail.

Both are expected to appear in court later in September, McCausland indicated.

Another ammonia leak at the Johanna Beverage Co. at 5625 W. Thorpe Road in Spokane, WA


WEDNESDAY, AUG. 31, 2016, 8:11 P.M.
I-90 back open after ammonia leak at Thorpe Road beverage company

By Nina Culver ninac@spokesman.com 


Interstate 90 was shut down for about an hour Wednesday evening between U.S. Highway 195 and Exit 276 (Thorpe Road) as fire crews responded to an ammonia leak at the same business that also reported a leak Saturday.

Fire crews evacuated residences and businesses in the area around Johanna Beverage Co. at 5625 W. Thorpe Road. The leak was thought to have involved between 600 and 800 pounds of the caustic gas.

Brian Schaeffer, Spokane Fire Department assistant chief, said a leak of that size is quite large. Ammonia in a compressed gas form has a high expansion ratio when released, he said.

“A small amount of liquid released and boiling creates a large amount of vapor,” he said.


The plume was moving northeast. Officials used Alert Spokane to advise residents as far north as Sunset Boulevard to shelter in place, said Mitch Metzger, Spokane County Fire District 10 deputy chief. The affected area was bordered by Highway 195 to the east and Geiger Boulevard to the west.

“The wind isn’t as favorable (as Saturday) so we have a bigger area,” he said.

Beverage company workers had made repairs to the refrigeration system and were recharging it Wednesday evening when the leak developed just before 7:30 p.m.

“They were refilling the system when some of the seals failed,” Metzger said.

A few people reported minor symptoms such as watery eyes but no one required treatment, Metzger said.

Eight beverage company employees were sickened in Saturday’s leak and one was taken to a hospital for treatment. That leak was smaller than the amount being reported Wednesday evening.

=

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Ammonia leak shuts down I-90 Posted: Sep 01, 2016 10:22 AM EST Updated: Sep 01, 2016 10:22 AM EST


SPOKANE, Wash. -

An ammonia leak triggered evacuations and road closures in southwest Spokane Wednesday night. Firefighters responded to the 5600 block of W. Thorpe for a leak at Johanna Beverage. It was the second ammonia leak there in about a week.

Firefighters were called after four people reported feeling sick inside the business. Washington State Patrol briefly shut down parts of Interstate 90 around 9 p.m., but the highway was reopened about an hour later. Some homeowners around the leak were also evacuated.

Brian Schaeffer with the Spokane Fire Department said the leak involved about 700 lbs of gas.

The leak dissipated around 11 p.m.

The cause of the leak is still under investigation.

THE DEADLY ROADS: Driver and passenger of a pickup truck killed, when truck was run-over and crushed by speeding tractor-trailer on I-20 eastbound in Carroll County, Georgia



A person was killed in a multi-truck wreck on I-20 eastbound in Carroll County Wednesday. (Credit: Channel 2 Action News)

Story Highlights
The driver and passenger of a silver pickup truck were killed when sandwiched between three tractor-trailers.


4-truck crash kills 2, blocks I-20 east in Carroll County
10:46 a.m. Thursday, Sept. 1, 2016 


 Two people in a silver pickup truck were killed in a four-truck crash on I-20 eastbound just after 6 p.m. at Highway 113 in Carroll County, officials say.

The victims were identified as driver Larry Donnell Adams, 53, of Benton, La., and Peggy O’Neal, 51, of Bossier City, La., Georgia State Patrol spokeswoman Tracey Watson said Thursday.

All lanes were blocked for more than five hours, Georgia Department of Transportation spokeswoman Tracey Watson said.

All lanes were blocked on I-20 shortly before 7 p.m. after a tractor-trailer crash at Highway 113. (Credit: Georgia Department of Transportation traffic cameras)

It all happened at exit 19 and traffic was routed off the interstate at Highway 27, which is exit 11.

The deadly chain reaction started when a tractor-trailer headed eastbound struck a second tractor-trailer, which then struck the silver pickup truck, killing the driver and a passenger.

“That second tractor-trailer then crushed the pickup truck, and vaulted over the pickup truck and struck a third tractor trailer,” Watson said. “The third tractor-trailer then struck a fourth tractor-trailer.”

The driver of the first tractor-trailer was flown to the hospital and condition was not known before 10:30 p.m. Wednesday. Watson said names of the dead would be released after notification of next of kin.

Watson said charges are pending completion of the GSP Specialized Collision Reconstruction Team follow-up investigation.

Motorists traveling east on I-20 toward Atlanta from the Alabama border are strongly encouraged to use alternate routes in order to avoid extreme delays.



==========

Victims of I-20 tractor-trailer crash identified
Christopher Buchanan, WXIA 2:08 PM. EDT September 01, 2016


CARROLL COUNTY, Ga. -- Two people killed in a crash involving a pickup truck and several tractor-trailers on Interstate 20 Wednesday evening have been identified. Officials have confirmed that two have been killed and one airlifted after several tractor trailers and a pickup truck were involved in a chain reaction pile-up late Wednesday.

The crash began around 6:05 p.m. on eastbound I-20 at State Route 113 - also known as Temple Carrollton Road.

Initial indications are that the first tractor-trailer was traveling east when it struck another. The second tractor-trailer struck a silver pickup truck before vaulting over it and striking a third tractor-trailer. The third then struck a fourth.

Department of Public Safety officials said that the first driver was injured and airlifted to an unknown area hospital.

The driver and passenger of the pickup truck were killed. They were identified as 53-year-old Larry Donnell Adams, of Benton, La., and 51-year-old Peggy O'Neal of Bossier City, La.

Charges are pending in the accident and the Georgia State Patrol Specialized Collision Reconstruction Team (SCRT) has been called in for a follow-up investigation.

The driver of the truck was airlifted before troopers arrived on the scene and his name is not yet available.


3 seriously injured, fuel spilled, after a logging truck and an SUV collided on Highway 97 near Marshfield, WI


Logging truck, SUV crash on Hwy 97
Thursday, September 01, 2016 11:46 a.m. CDT
Logging truck accident on Hwy 97 near Marshfield, WI (WAOW-TV)

MARSHFIELD, WI (WSAU-WAOW).


 A logging truck and an SUV collided on Highway 97 near Marshfield Thursday morning. Three people, including an infant, were seriously injured. The truck left the road and overturned in a ditch.

The Marathon County Sheriffs Department says the crash happened around 8am near Stadt Avenue. The road remained closed into the afternoon as accident investigators and a fuel clean-up team worked in the area.

Two other vehicles were hit with debris from the crash. A vacant building near the scene was also damaged.

The injured were taken to St. Joseph's Hospital in Marshfield.

The cause of the accident is under investigation.

Worker dies in Londonderry, NH after being crushed by the bed of a dump truck








By KC Downey

Worker dies in Londonderry, NH after being crushed by the bed of a dump truck
Police try to determine cause of accident
UPDATED 3:37 PM EDT Sep 01, 2016


LONDONDERRY, N.H. —Authorities are investigating a fatal workplace accident Thursday in Londonderry.

Londonderry police said a 56-year-old man was killed about 11 a.m. when the bed of a dump truck came down on him.

The accident occurred on the grounds of the flea market on Avery Road. Police said the man was doing a job on the property using a small dump truck. Another person working with him called 911 and began life-saving measures, but the man died at the scene.

Police said they were still investigating the cause of the accident and trying to determine if the truck had any mechanical issues. They said foul play is not suspected.

The man's identity was not released pending notification of next of kin. Police said he lived on the grounds of the flea market in exchange for doing handyman work on the property.

SLOW DOWN, GIVE ROAD WORKERS A BRAKE: Construction worker with Valley Construction killed by high speed car on U.S. 61 near Blue Grass, Iowa







Construction worker killed in Highway 61 accident near Blue Grass-UPDATED

By Jeff Whitten Published: September 1, 2016, 11:12 am Updated: September 1, 2016, 12:02 pm

 
Hwy 61 at Coon Hunters Road accident 9/1/16

UPDATE: Scott County Sheriff Conard tells us a construction worker was hit and killed in the accident that happened Thursday morning on Highway 61 near Blue Grass.

According to Conard, Muscatine County got a report about a vehicle moving at a high rate of speed eastbound on Highway 61. A Scott County Sheriff Deputy was driving westbound on Highway 61 toward Blue Grass and saw the vehicle going in the other direction.

The deputy started to turn around. At this point, the vehicle in question was entering a construction zone and hit and killed a worker.

The driver of the vehicle then lost control and ended up at the corner of Coon Hunter’s road and Highway 61. The driver and infant passenger were both taken to the hospital. There is no word on injuries.

The identity of the construction work has not been released at this time.

SCOTT COUNTY, Iowa (KWQC) – Sheriffs deputies were called to the scene of an accident at Coon Hunter’s Road and Highway 61 near Blue Grass, Iowa. The accident happened around 10:30 a.m., Thursday, September 1, 2016.

Crews on scene tell us there was road construction going on at the scene of the accident.

Officials with the Iowa State Patrol tell us eastbound Highway 61 will be closed for an undetermined amount of time while crews work to clear the scene.

Stay tuned to KWQC-TV6 and kwqc.com for updates as we receive them.


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Posted 11:38 am, September 1, 2016, by Tory Brecht


BLUE GRASS -- A construction worker was killed when a driver traveling at a high rate of speed crashed in a construction zone on U.S. Highway 61 near Coonhunter's Road between Davenport and Blue Grass late Thursday morning.

According to Scott County Sheriff Dennis Conard, a vehicle out of Muscatine was observed speeding near the construction zone. A deputy traveling the other way turned around to pursue, but the speeding vehicle crashed.

Conard said a worker from Valley Construction was a fatality. He also said that a baby was the sole passenger in the vehicle that crashed. There were also injuries as a result of the crash, but Conard did not know how serious they were or if they were to the driver or the child. No names are being released at this time, Conard added

Chicago Import, Inc. v. American States Insurance Company. Jury Awards Import Co. $5M In 2007 Warehouse Fire Coverage Row. Insurer Wants $5M Warehouse Fire Verdict Extinguished


The Neglect Exclusion Does Not Apply to Pre-Loss Neglect
Posted on August 31, 2016 by admin


Edward Eshoo | Property Insurance Coverage Law Blog | August 29, 2016

Homeowner and commercial property insurance policies typically exclude loss or damage caused by or resulting from neglect.1 Under the ISO Homeowners 3-Special Form,2 neglect means “neglect of an ‘insured’ to use all reasonable means to save and preserve property at and after the time of a loss.” Under the ISO Commercial Property Causes of Loss-Special Form,3 neglect means “neglect of an insured to use all reasonable means to save and preserve property from further damage at and after the time of loss.” As both forms clearly and unambiguously state, the exclusion does not apply to pre-loss neglect. Rather, it applies only to neglect of an insured at and after the time of loss.4

But, what if the purported neglect occurred after an incident which also resulted in a loss? That was the issue raised in Chicago Import, Inc. v. American States Insurance Company. There, a sprinkler at the insured’s warehouse sprayed water, damaging inventory. The Chicago Fire Department was called, who turned off the water supply and replaced the sprinkler. After the sprinkler was replaced, the Chicago Fire Department employees told a Chicago Import employee that “everything was okay” with the sprinkler system. Chicago Import submitted an insurance claim, which American States paid.

Three weeks later, a fire broke out in the warehouse. But, the sprinkler system was off at the time of the fire. American States denied coverage for the fire, asserting that the “neglect” exclusion barred coverage because the damage was caused by Chicago Import’s failure to turn the sprinkler system on after the repairs. Chicago Import denied that it knew the system was off, stating it left such matters to the Chicago Fire Department.5

Both parties moved for summary judgment on applying the neglect exclusion. American States relied on Bass v. Illinois Fair Plan Ass’n,6 in which coverage was not afforded for a third fire because the insured failed to adequately protect the building after two prior fires by not boarding it up. The federal district court in Chicago Import distinguished Bass, stating that the losses there resulted from the same harm (fire), while the losses before it resulted from entirely different harms (water and fire). The district court reasoned that “[i]f a wayward sprinkler head requires an insured to take all reasonable measures to protect against a later fire, the distinction between pre and post-loss neglect is meaningless – once an insured makes a single claim the distinction is forever lost, regardless of the timing of, or dissimilarity between, the losses.”7 Because American State’s complaints were about pre-loss neglect, the district court found that the neglect exclusion did not bar coverage, and granted summary judgment for Chicago Import.

Even if the exclusion applied, the district court in Chicago Import noted that it would have denied both parties’ motions because there were genuine issues of material fact as to (1) whether any employee knew or reasonably should have known that the sprinkler system was off and (2) whether the extent of damage would have been less had the system been on, given the “save and preserve property from further damage” language in the exclusion. On the issue of knowledge, the district court appears to have followed the Tuchman court’s interpretation that “the insured must have knowledge of a readily identifiable, imminent, and real peril, endangering the property.”8

1 The neglect exclusion appears in the 165-line, 1943 New York Standard Fire Policy adopted by many jurisdictions, including Illinois, at lines 21-24: “neglect of the insured to use all reasonable means to save and preserve the property at and after a loss, or when the property is endangered by fire in neighboring premises.”
2 HO 00 03 05 01.
3 CP 10 30 04 02.
4 See Tuchman v. Aetna Cas. & Sur. Co., 55 Cal.App.4th 1607, 52 Cal.Rptr.2d 274 (1996). See also 5 John Alan Appleman & Jean Appleman, Insurance Law and Practice § 3115.
5 The neglect exclusion in the American States policy was worded the same as the ISO Causes of Loss-Special Form’s neglect exclusion.
6 98 Ill.App.3d 549, 424 N.E.2d 908 (1981).
7 Chicago Import, Inc. v. Am. States Ins. Co., 2015 WL 2193138, at *2 (N.D.Ill. Aug. 16, 2016).
8 Tuchman, 55 Cal.App.4th at 1616, 52 Cal.Rptr.2d at 279.



=============


Jury Awards Import Co. $5M In 2007 Warehouse Fire Coverage Row

Law360, New York (March 15, 2016, 1:37 PM ET) -- An Illinois federal jury on Monday awarded a $5 million verdict in favor of an import company in its breach of contract suit against American States Insurance Co. in a dispute over $5 million in coverage for a 2007 warehouse fire. 

After a trial that began on March 7, the jury returned a verdict for Chicago Import Inc. in its suit over a fire that had devastated a rented Chicago warehouse in May 2007. The jury’s reasoning isn’t available as the verdict form isn’t publicly obtainable.

According to Chicago Import’s attorney, Mark Roth of Orum & Roth LLC, American States had argued that either Chicago Import’s owner set the football-field size warehouse on fire or had a representative commit arson.

The insurer also claimed that the importer misrepresented its inventory’s value, Roth told Law360 on Tuesday.

The Bureau of Alcohol Tobacco & Firearms fire investigator was the only investigator who thought the fire was incendiary, Roth said.

“He admitted that after nine years of an investigation ATF did not know who allegedly started the fire,” Roth said.

It took the jury about about 45 minutes to reach their verdict, according to Roth.

“Obviously, we are very pleased with the verdict,” Roth said. “It moved our client to tears.”

The jury also found that Chicago Import did not misrepresent facts to the insurance company, according to Roth.

At the time of the fire, Chicago Import had an American States policy with commercial property coverage limits of $5 million, according to court documents.

Chicago Import filed a proof of loss with the insurer seeking $5 million for inventory losses and debris removal costs, court papers said.

According to Chicago Import, because American States delayed and refused to pay the proof of loss, the policyholder's president had to borrow money and use his personal residence as collateral to cover the company's operating expenses and pay creditors.

Chicago Import filed suit in May 2009 in Illinois federal court, asserting claims for declaratory relief, breach of contract and bad faith.

In May, U.S. District Judge Manish S. Shah tossed Chicago Import's bad faith claim against American States, while ruling that the insurer can't rely on a neglect exclusion to try to bar coverage for the fire.

The judge granted American States summary judgment on Chicago Import's assertion that the insurer's conduct in processing the claim was "vexatious and unreasonable," saying the claim must fail because American States presented sufficient evidence to proceed with its arguments that coverage doesn't exist because Chicago Import committed fraud and arson.

However, American States couldn't argue that coverage is barred under a neglect exclusion because Chicago Import allegedly failed to turn on a sprinkler system after a prior incident with the system, Judge Shah said.

American States had pointed out that a sprinkler head at the warehouse had malfunctioned and damaged inventory three weeks before the fire. The insurer paid the ensuing claim, according to court documents. The fire department replaced the sprinkler head and told Chicago Import that the system was fixed, but when the fire occurred, the system was turned off, court papers said.

Chicago Import denied it knew that the system was off, and said that its duty to protect against further damage "at and after the time of loss" doesn't apply to alleged pre-loss negligence, such as failure to turn on the sprinkler system.

Representatives for American States didn’t immediately respond to requests for comment on Tuesday.

Chicago Import is represented by Mark D. Roth of Orum & Roth LLC.

James W. M arks of James W. Marks PC, William Alan Buzogany of Buzogany & Associates LLC and Michael J. Mueller o fBarnes & Thornburg LLP.

American States is represented by Cheryl L. Mondi, Peter E. Kanaris, David E. Heiss, Nicole M. Gallagher, Christopher Z. Ransel and Jefferson D. Patten of Fisher Kanaris PC

The case is Chicago Import Inc. v. American States Insurance Co., case number 1:09-cv-02885, in the U.S. District Court for the Northern District of Illinois, Eastern Division.

=============

Insurer Wants $5M Warehouse Fire Verdict Extinguished

Law360, New York (June 7, 2016, 12:51 PM ET) -- American States Insurance Co. continues to press an Illinois judge to undo a jury’s $5 million award to Chicago Import Inc. after in the insurer denied coverage for a warehouse fire, saying Monday the court erred by barring certain of the insurer’s evidence while letting the importer present speculative opinions.
American States has argued since April that U.S. District Judge Manish S. Shah should grant a new trial or reduce the $1.5 million damages award on the grounds that Chicago Import’s expert, forensic engineer Dennis Dyl, based his opinion that electricity couldn’t be ruled out as the cause of the 2007 blaze on speculation rather than on scientific facts.

That sentiment continued Monday, when the insurer contended that Dyl ambushed them at trial by presenting new opinions as to the cause of the fire based on evidence he hadn’t previously examined, while never alerting the insurer that his opinion had changed, leaving them with no opportunity to respond.

The court also wrongly barred evidence related to prior fires and subsequent insurance claims by Chicago Import’s company president, Ashokkumar Punjabi, which should have been admissible to prove motive and lack of accident, the insurer said Monday.

Instead, “American States was prejudiced in that it could not rebut Chicago Import’s arguments that Mr. Punjabi acquired substantial wealth through hard work and was busy building his business, not starting fires,” the insurer wrote.

American States had issued Chicago Import a $5 million commercial property policy that was in effect in May 2007 when a fire devastated a rented Chicago warehouse. The importer filed a claim saying the fire destroyed that much value in inventory losses and debris removal costs, which the insurer denied, and Chicago Import sued. In March, an Illinois federal jury awarded it $5 million.

In April, American States asked for a new trial or altered judgment, but the importer responded last month that the verdict should stay in place, arguing that the insurer was simply rehashing old arguments from its original pre-trial motion to exclude testimony.

“The jury had a vast amount of evidence to support the damages verdict in this case,” the importer had said. “Significantly, American States never objected to the introduction of any of the experts’ opinions placing the value of the damaged merchandise in excess of $5 million, exclusive of tax, duty and freight.”

In the wake of the fire, Chicago Import said, American States dragged its feet on the claim, forcing the importer to borrow money and the owner to use his personal residence as collateral to cover overhead and pay creditors.

American States accused Chicago Import’s owner of setting the football-field-sized warehouse on fire or hiring someone else to do it. It also claimed that the importer misrepresented the value of the inventory.

On Monday, the insurer argued that Chicago Import wrongly introduced testimony that no charges of arson were brought against any individual with respect to the fire, even though its evidence was supposed to be limited to testimony that the identity of the individual who started the fire couldn’t be identified.

The court also wrongly barred evidence that the goods inside the warehouse were damaged before the fire, the insurer wrote.

Representatives for both sides Tuesday didn’t immediately return a request for comment.

Chicago Import is represented by Mark Roth of Orum & Roth LLC.

American States Insurance is represented by Cheryl Mondi, Peter Kanaris, David Heiss, Nicole Gallagher, Christopher Ransel and Jefferson Patten of Fisher Kanaris PC.

The case is Chicago Import Inc. v. American States Insurance Co., case number 1:09-cv-02885, in the U.S. District Court for the Northern District of Illinois.

--Additional reporting by Cara Salvatore and Joyce Hanson. Editing by Rebecca Flanagan.


================





Massive, smoky fire engulfs warehouse
May 13, 2007|By Dan P. Blake, Mary Owen and Dave Wischnowsky, Tribune staff reporters




A massive extra-alarm fire erupted in a warehouse building on Chicago's Northwest Side on Saturday afternoon, emitting black smoke visible for miles and halting several Metra trains in the area.

The fire broke out about 5:25 in the 4100 block of North Knox Avenue, said Chicago Police Officer Tom Polick. By about 8 p.m., the fire was contained, but the roof of the building had collapsed.



Four people were in the building when the fire broke out, but all got out safely and no injuries were reported, said Chicago Fire Department Commissioner Raymond Orozco. The one-story factory building, owned by Chicago Imports, Inc., supplied materials to "dollar stores" and had products stacked roughly 18 to 20 feet high, Orozco said.

Aerosol products in the building prompted a series of explosions, but the smoke from the fire was not toxic, Orozco said.

Metra trains on the Milwaukee District North Line running from Chicago to Fox Lake were stopped on the line as firefighters ran hoses over the tracks, said Metra spokesman Tom Miller.

Earlier, smoke from the fire could be seen as far away as Evanston to the north, Downers Grove to the west and neighborhoods across the city. The Fire Department response rose to a four-alarm, with more than 250 firefighters on the scene, Orozco said.

"There's just smoke everywhere -- it's huge," said Ross Hudson, an employee at Taxicar Taxi on Knox Avenue about 10 blocks south of the site. "You can see the smoke for miles. It's super black."

The cause of the blaze was unclear Saturday evening.

The building, in an industrial area, is several blocks from the Kennedy Expressway, but Illinois State Police said no expressway lanes were closed due to the fire.

The fire did not affect CTA service other than causing a rerouting of the No. 18 Montrose bus, CTA spokeswoman Sheila Gregory said.

JUST IN TIME FOR LABOR DAY HOLIDAY, MOTHER NATURE MAKES HERMINE A CATEGORY 1 HURRICANE. THANKS A LOT, MOM







Tropical Storm Hermine's path

Updated 8 mins ago 


Hermine has been upgraded to a category 1 hurricane. The storm is expected to weaken as it passes over Florida but will still be a big weather maker for North Carolina.


Wind gusts from Hermine could be between 20 to 30 mph in the central part of our state, ABC11 Meteorologist Don "Big Weather" Schwenneker said.

The National Weather Service has issued tropical storm watches and warnings for our southern beaches and a flash flood watch for Robeson and Bladen counties Friday through Saturday morning.

A state of emergency has been declared for most of Florida as Hurricane Hermine moves through the Gulf of Mexico. Two counties issued mandatory evacuation orders for several coastal towns. Hermine is expected to make landfall late Thursday or early Friday.

Hermine will be the first hurricane to strike Florida in 11 years, which smashes the old record of a four-year span between hurricanes.

Schwenneker says as Hermine approaches our state, a breeze will pick up Friday, but the strongest winds (which could reach 45 mph at times) will be Friday night into Saturday.

The center of Hermine is expected to track west of the Carolina coast Friday and Friday night. This will bring an enormous amount of moisture into our region leading to rain heavy at times on Friday, Friday night, and Saturday morning.

"This heavy rainfall will lead to flooding in spots, and this could cause road closures," Schwenneker said. "People living in flood-prone areas will need to review evacuation procedures."

Hermine will move away from the region on Saturday and the rain will taper off and end Saturday afternoon. It still will stay breezy through Saturday night.




Chief Meteorologist Chris Hohmann explains how a hurricane forms.

Dry, stable air will flow into the region on Sunday, and this dry flow of air should help bring nice weather for the rest of the Labor Day weekend through the middle of next week.

Five Philadelphia firefighters injured after a tractor-trailer slammed into their hook and ladder truck #16, shutting down I-95 South near Penn's Landing








TILLER LADDER STRUCK IN PHILLY ON I-95-FIREFIGHTERS INJURED

September 1, 2016

A nasty crash this morning involving a tractor-trailer and a Philadelphia Fire Department tiller ladder truck shut down all lanes of I-95 for more than three hours.

Five firefighters were hurt in the crash, which happened around 0320 hours in the southbound lanes of Interstate-95 just north of Washington Avenue.

The firefighters were responding to a different crash when the driver of a tractor-trailer lost control.

The big rig jackknifed and struck the rear section of the Philadelphia Fire Department’s Ladder 16. All Firefighters suffered NLT injuries.


EMS PERSONNEL ARE AT HIGH RISK OF INJURY FROM OTHER DRIVERS WHILE THEY ASSIST ACCIDENT VICTIMS:

Great risks are faced by firefighters, police officers, EMS workers, and public works/highway workers every single day as they operate on the roadway.

The statistics show that EMS personnel, firefighters, troopers, tow-truck drivers are at a high risk of injury from other drivers at the scene of an accident or on their way to accident scenes. Flashing lights, reflective clothing, signs, warnings do not seem to protect the EMS personnel from negligent or reckless drivers.

Slow down during bad weather and reduce your speed as you approach emergency vehicles working on the highway

Also, please yield to EMS vehicles as many collisions have occurred between EMS vehicles and other vehicles as they rush to respond to emergency situations.

================

Firefighters released from hospital after I-95 tractor-trailer crash


Annie McCormick and Katherine Scott
Updated 1 hr 5 mins ago

PENN'S LANDING (WPVI) -- Five Philadelphia firefighters have been released from the hospital after a tractor-trailer slammed into their hook and ladder truck, shutting down I-95 South near Penn's Landing for more than three hours.

The crash happened at 3:20 a.m. Thursday in the southbound lanes of Interstate-95 just north of Washington Avenue.




Five firefighters have been released from the hospital after an early morning crash that shut down part of I-95 South.

Police tell Action News the firefighters were on the scene of a two-vehicle accident when the driver of a tractor-trailer lost control.

Philadelphia Fire Commissioner Adam Thiel said the ladder truck was in place to act as a buffer after responding to that two-vehicle crash, which had already shut down part of the highway.

"We use the ladder to shield the scene on the highway so our responders aren't hit by vehicles," Thiel said.

After the driver lost control, the big rig jackknifed. It struck the rear section of the 70-foot-long hook and ladder truck from Ladder 16.

The impact of the crash pushed the fire truck 250 feet, with five firefighters inside.





Five firefighters were injured in a crash on Interstate-95 Southbound at Penn's Landing.
All five were taken to Hahnemann University Hospital, arriving in three ambulances.

The first ambulance arrived at 3:47 a.m., carrying two firefighters: one secured to a gurney, the other in a wheelchair.

Two minutes later the next ambulance arrived, carrying two more firefighters.

The fifth firefighter, Joseph Radday, who was behind the wheel of Ladder 16 at the time of crash, arrived at 4:07 a.m.

Union president Andrew Thomas told Action News if it weren't for Radday's quick thinking, the men may not have walked away from the crash.

"The presence of mind to move ladder truck forward saved the lives of all our members," said Thomas.

All five firefighters were treated for minor injuries and released from the hospital later Thursday morning.

The driver of the tractor-trailer, whose name has not been released, was not hurt.

There was no immediate word what charges, if any, he will face.

All lanes of I-95 South were shut down at the crash site for more than three hours as crews worked to remove the jackknifed tractor-trailer and the ladder truck.








PICTURES: Scene of Hahnemann Hospital where 5 firefighters were taken after I-95 SB crash
All southbound traffic was being detoured off I-95 onto I-676 West (Vine St. Expressway).



The jackknifed big rig was finally removed at 6:40 a.m. All southbound lanes were reopened shortly afterward, and traffic was flowing normally by 7 a.m.


An Illegal Left Turn by Dump Truck Driver Caused The Metro Light Rail Train Crash












Metro is looking into a light rail crash that shut down part of its Southeast Line earlier today. As Gail Delaughter reports from the News 88.7 Transportation Desk, officials believe it was caused by a driver making an illegal turn. Laboring in the hot sun, crews had to pull the wreckage
Gail Delaughter | Posted on August 31, 2016, 3:42 PM (Last Updated: August 31, 2016, 6:00 PM)

Metro is looking into a light rail crash that shut down part of its Southeast Line earlier today. As Gail Delaughter reports from the News 88.7 Transportation Desk, officials believe it was caused by a driver making an illegal turn.



Laboring in the hot sun, crews had to pull the wreckage of a dump truck off off the light rail tracks. It happened on MLK, south of the University of Houston campus.

The red dump truck had just been hit by an eastbound train. Its front end was totally destroyed, leaving the street scattered with debris.

David Jackson was riding the train to his construction job when it happened. He says all of a sudden, he heard a big boom.

“It was just a big impact,” says Jackson. “Driver told us to exit the rear of the train.”

So, what caused the crash?

Metro Chief Operating Officer Andy Skabowski says it appears the dump truck made an illegal left turn and the train couldn’t stop in time.

“The majority of our accidents are illegal left turns,” explains Skabowski. “Again we make sure to ask people to make sure to watch all the signals and the signs and don’t make an illegal left turn in front of the train. You typically lose.”

The driver of the dump truck wasn’t seriously hurt and Metro says everyone on the train was okay.

The Southeast Line has been opened for a little over a year, and while Skabowski says they have had some minor accidents, this crash is the most serious so far.

Trains went back into service on the line a few hours after the accident.