LAVINNIY capsized and sank in Busan
June 21, 2016 at 13:05 by Mikhail Voytenko
Shrimp trawler LAVINNIY capsized and sank in Busan port, Korea, in the morning June 21. Korean workers were carrying out repairs the day before, and reportedly, cut off a pipe in engine room, with following water ingress. Vessel capsized and sank, resting by starboard on the bottom, with hull partially above the water. LAVINNIY blocked another trawler belonging to the same owner, VULKANNY (IMO 7302380), vessel can’t unmoor and leave port. LAVINNIY is to be refloated by June 23, according to the crew. No injures reported. On a photo capsized LAVINNIY .
Not Your Average Vehicle Fire: Commercial Vehicle Tactics by Michael Daley On Apr 15, 2013
Photo 11 - Commercial vehicle fires are not limited to large trucks; the fuel loads in all types of commercial vehicles will require a significant response.
Photo credit: Photo by Michael Daley
Photo 1 - Fatal truck fires have a frequency six times greater than that of other motor vehicles.
Photo credit: Photo by Michael Daley
Photo 2 - A heavy-duty commercial vehicle has a gross vehicle weight rating over 26,001 pounds.
Photo credit: Photo by Michael Daley
Photo 3. - Disconnecting the batteries may be problematic; in this vehicle, the batteries are located under the driver's seat in the cab area.
Photo credit: Photo by Michael Daley
Photo 4 - This Diesel Emission Fluid (DEF) tank is located on the side of the tractor. While this fluid is reported to be non-flammable, it has proven to be corrosive to some metals.
Photo credit: Photo by Michael Daley
Photo 5 - A refrigeration control unit mounted in the front of a trailer. The battery compartment is in the lower left corner, while the fuel tank is overhead of the engine.
Photo credit: Photo by Michael Daley
Photo 6 - At each drive wheel there is a dual brake chamber. These chambers are set with a spring pressure of 180 PSI, and can fail violently when heated to failure temperatures.
Photo credit: Photo by Michael Daley
Photo 7 - The fuel tank is located directly below the driver side door, directly exposed from the cab fire.
Photo credit: Photo by Michael Daley
Photo 8 - Upon arrival, of paramount importance is determining what is inside the trailer. This will aid the IC in determining the resources needed for handling the incident.
Photo credit: Photo by Michael Daley
Photo 9 - At this rollover incident, large rolls of paper had broken free of the trailer, shredding the trailer roof. Had this been a fire instead, the roof assembly would have failed quickly from heat exposure.
Photo credit: Photo by Michael Daley
Photo 10 - The trailer in the foreground has been completely burned away, while the intermodal container has stayed relatively intact. Heat exposure still requires a thorough overhaul of the trailer's contents.
Photo credit: Photo by Michael Daley
Photo 11 - Commercial vehicle fires are not limited to large trucks; the fuel loads in all types of commercial vehicles will require a significant response.
Photo credit: Photo by Michael Daley
Photo 1 - Fatal truck fires have a frequency six times greater than that of other motor vehicles.
Photo credit: Photo by Michael Daley
No matter what the product, odds are very good that it got to the shelves at the store via a commercial vehicle. In fact, national statistics show that nearly 70% of commercial freight activity involves transport by truck. With this much activity, so comes the increased potential of serious accidents and fires involving these vehicles. Nationwide, fatal fires with trucks make up more than 17% of all fatal highway fire incidents, a frequency that is six times greater than that of other motor vehicles (see Photo 1). Handling these fires can be difficult, but focusing on the basics of compartment fire behavior can help in handling these incidents.
These commercial vehicles can be broken down by class. There are eight classes, based upon gross vehicle weight rating (GVWR) of the vehicle. For our use, it is easier to keep them broken into three broad categories:
Light Duty: Commercial vehicles weighing between 6,000 – 14,000 pounds GVWR
Medium Duty: Commercial vehicles weighing between 14,001 – 26,000 pounds GVWR
Heavy Duty: Commercial vehicles weighing over 26,001 pounds GVWR (see Photo 2)
There are very little similarities between each truck, as many of them are custom-built for usage as ordered. But there are common inherent hazards that are important to deal with when facing a fire within one of these vehicles. We will look closely at each of these based upon the systems they interact with.
Vehicle Hazards
One of the primary hazards rescuers will encounter will be the electrical systems that power the vehicles. The most common system will be the 12-volt system, but it will look much different than the automobile 12-volt system. Commercial vehicles will utilize multiple batteries to provide enough power to turn the engine over and provide voltage for the rest of the vehicle. Batteries will be wired either in Series or Parallel. Series wiring involves sending a path of current through each battery in a single direction. In this case, disconnecting the negative post closest to the frame will break the loop and shut down the electrical system. Parallel wiring involves sending paths of current through each battery concurrently. In this case, the rescuer must disconnect all of the negative connections to power down the system (see Photo 3).
The primary fuel source for these types of vehicles will be diesel fuel, but many other types are still in service. Diesel fuel has four properties that make it popular for use: it is combustible, and provides a more efficient “burn” in the cylinder when it is atomized; it removes heat from the fuel system components; it acts as lubrication for fuel injection parts; and the viscosity of the fuel limits gelling, aiding in flow in colder weather, as long as water can be kept from contaminating the fuel system. Next to the fuel tank in newer vehicles is the Diesel Emission Fluid Tank (DEF Fluid). This material is a water-based Urea solution that is injected into the exhaust as it moves through the engine, where it vaporizes and decomposes to form Ammonia and Carbon Dioxide, reducing emissions from the vehicle (see Photo 4). While this fluid is reported to be non-flammable, it has proven to be corrosive to some metals. Fuel/fluid fires and releases should be treated as a volatile mix of flammables and corrosives and should be treated accordingly.
Liquid fuel loads for these vehicles do not only sit in saddle tanks on the sides of the vehicle; based upon application, there may be other powered components on the vehicle. For example, tractor trailers that haul perishable goods carry them in refrigerated trailers, or “Reefer Units,” so to speak. It is important to note the debate over flammability of the refrigerant used in these systems: mainly R134A (see Photo 5). This has replaced R-12 as the primary refrigerant in motor vehicles. The properties of concern to this material include Hydrogen Fluoride and Carbonyl Halides when it is heated. However, it is generally considered to be “non-flammable.” That being said, some studies have proven that the potential for combustibility will increase when dealing with elevated temperatures (fire, for example). So do not be surprised when a hostile event results from this material being exposed within the fire.
Commercial vehicles utilize pneumatic controls for various devices on the truck. It can be used for climate control settings, wipers, split-shift transmissions, starting systems and suspension/cab ride systems. However, the primary function is the vehicle braking system. Air will be necessary to both release and apply the brakes for the vehicle. There will be a dual air system in these vehicles; the Primary Air System is used for braking, and the Secondary Air System will run other functions on the truck. Keep in mind that if the primary system was to suffer a catastrophic failure (leak), the secondary system will provide enough air to control the braking system for about a minute. After about a minute, as the air exits the vehicle, the brakes will begin to apply by themselves. On the fire scene, all of these components are charged with compressed air and are potential explosion hazards (see Photo 6).
Vehicle Fire Response
First, upon receiving a dispatch to a fire that involves a large commercial vehicle, be sure that the right resources are responding as soon as possible. Many companies utilize an automatic aid system that will provide for notification and dispatch of multiple companies to the incident. Be sure to make contact with a response-capable heavy wrecker company; in the event of an under-ride or rollover incident involving passenger vehicles and commercial vehicles, a heavy duty wrecker with a rotating boom assembly would prove to be advantageous on the scene. Coordinate these resources with local law enforcement, as many police departments have these resources categorized and “on-standby” to respond to major roadways in your response area. Be sure to notify them immediately upon arrival if you think that their services might be needed.
There will be significant potential for an increased hazardous material release risk. Most times, when dealing with passenger vehicle fires, the fuel system will remain somewhat intact; there may be a leaking fuel line, but for the most part, it will be able to be controlled with minimal additional resources. Commercial trucks, however, pose a larger risk. Notwithstanding the materials that are being transported, most large tractor trailers can carry upwards of 300 gallons of fuel in dual saddle tanks directly under the cab (see Photo 7). Not only is this a potential explosive issue, but it may require your rescuers to work directly over the product when it is released onto the roadway.
Initial arriving units must be able to answer one major question: What is in the compartment? From local distributor deliveries, to nationwide long distance movers, the type and amount of fuel in a container can be staggering. These vehicles can have just about anything in their container, and can react surprisingly when they are heated (see Photo 8). The urge to treat these incidents as a “vehicle” fire must be resisted. A single company response to this “vehicle fire” is not efficient and puts crew members at significant risk; the first alarm should include two engine companies and a ladder company for adequate manpower and resources. Overhauling and removing the contents will be manpower-extensive; call for a lot of help early on.
Like any other compartment, coordinated ventilation and suppression need to be implemented. Ventilation from the top is the method of choice, but standing on top of a vehicle to cut a hole in the roof can be extremely hazardous; many vehicles do not have significant support in the roof area, and the amount of heat energy being generated into the roof will result in extreme exposure to the firefighters (Photo 9). For this reason, the vent point should be opened from an elevated device, preferably a tower ladder. If one is not on the initial alarm, one should be added to the assignment whenever a commercial vehicle is involved in a fire. Once ventilation is underway, suppression forces must be at the ready. Making the attack can come from a few avenues; piercing nozzles have shown to be effective on some vehicles, depending on construction. Lighter materials will be easier to penetrate with these appliances. However, shipping containers and intermodal trailers can prove to be tough to cut for suppression (see Photo 10). Controlling the doors at the rear may be the best option. When operating from the door, control the door opening. Crack the door just enough to allow the stream to enter the upper areas of the compartment. Use of Class A Foam for this application can be a significant benefit in limiting time of extinguishment; remember, you are having this compartment fire in a roadway, not in a house. Once the initial knockdown is made, many times complete extinguishment will require a significant amount of overhaul. Get off the road as fast as you can, keeping traffic flowing and limiting the risk to your firefighters.
Conclusion
Vehicle fires pose considerable safety risks to responding units and firefighters, and commercial vehicle fires compound these risks significantly. Fuel loads, flammable and hazardous material exposure, coupled with limitations in accessibility and resource deployment can make these incidents very perilous (Photo 11). Identifying the materials that you are dealing with and bringing the right amount of resources to handle the problem early will help in mitigating the incident quickly and efficiently.
DNV GL: The Primary Factors in Ro/Ro Fires
Burned car on the Pearl of Scandinavia (image courtesy Danish MAIB)
By MarEx 2016-06-21 21:00:30
DNV GL has published a new paper on the risks of fire within vehicle spaces on ro/ro and ro/pax ships. The society studied 18 fires on ro/pax ships, eight fires on cargo ro/ros, and nine fires on pure vehicle carriers over a period from 2005 through 2016 (or 35 fires on 2100 ships); in general they found that the incidence rates are low, but that certain cargoes and vessel designs may have marginally greater risks.
Findings vary between vessel classes: on ro/pax, reefer unit or reefer unit power connections were the primary culprit, the cause of four out of the five worst fires studied. Other causes for minor fires included electrical systems, cargo in trucks and used vehicles being towed or transported. Of the five major ro/pax fires studied, three resulted in a total loss – all on open cargo space ro/ros. The remaining two fires were contained, both on closed ro/ro space vessels. Rapid and effective crew response, including proper use of fixed firefighting deluge systems, was an important factor in containment.
On cargo ro/ro ships, several fires resulted from cargo shifting due to heavy weather, but all but one were well enough contained that the vessel was not permanently removed from service. Fixed CO2 systems played a prominent role in firefighting strategies, allowing crew to flood uninhabited decks with gas to safely suppress fires. "In one incident, the CO2 was successfully applied within 15 minutes. This demonstrates that even CO2 systems can be released in a quick and safe manner if crew are prepared for that task. The damages in this case were rather limited," DNV found.
On pure car and truck carriers, only one vessel was permanently taken out of service following a fire over the survey period. However, three vessels sustained major structural damages from fire and one crew member was killed in a CO2 discharge incident.
Over all vessel classes, 40 percent of the fires reported over the period did not have an identified cause – but of those that did, reefer fires and cargo shifts were leading culprits. There were some unusual standouts as well, including the 2010 fire on the Pearl of Scandinavia due to “un-authorized charging of rebuilt electric car" – a conventional Nissan which had been converted to an electric vehicle by its owner, who allegedly plugged a homemade car charging cord into a 220-volt charging station while the vessel was under way. In a post-accident report, Denmark's Danish Institute of Fire and Security Technology determined that the fire, which burned several trailers and prompted the vessel's evacuation, was due to an "explosion in the battery pack in the rear end of the car."
Proximate causes aside, the four fires resulting in a total loss over the decade studied were all on open ro-ro space vessels – suggesting particular difficulties with the design, the authors found. "The open Ro-Ro spaces represent challenges with regard to fire scenario, as we have here well-ventilated fire under a tight steel deck which reflects heat and accumulates fire gases. There are also notable challenges with regard to escape ways, location of life-saving appliances and air intake to the engine room and emergency generator, which can be contaminated and damaged by smoke and flames emerging from openings provided in the side of the Ro-Ro spaces," the study found.
June 22, 2016 by Mike Schuler
The MV Benita aground in Mahebourg, Mauritius.
The insurer of a Liberian-flagged bulk carrier which ran aground last week in Mauritius following an apparent brawl on board says that the incident was the result of a serious medical episode suffered by one of the vessel’s crew members, and not the result of a wider conflict.
The circumstances of the grounding have led the media to dub the MV Benita the ‘mutiny ship’, suggesting that the grounding was the result of some sort of rebellion by one or some of its crew members. But in statement provided to gCaptain, the insurer of vessel, the London P&I Club, fought back against such claims saying the grounding was actually the result of a medical situation.
“The grounding followed an incident on board involving a crew member who suffered a serious medical episode which led to him attacking one colleague before causing extensive damage to the engine room systems that led to a loss of power to the vessel,” the statement said. “During the intervening time that it took to restore power, the vessel went aground. The injured crew member is receiving medical attention ashore for this seizure. There was no suggestion of a wider conflict on board and all the remaining crew members are safe and accounted for.”
The 44,000 DWT MV Benita was in ballast when it unexpectedly went aground last Friday evening (June 17) in Mahebourg, Mauritius during a voyage from India to South Africa. 
Credit: Five Oceans Salvage
The owners, crewmembers and The London Club as P&I insurers are currently working with the appointed salvors, Five Ocean Salvage, and the local authorities to re-float the vessel and to prevent further environmental damage. According to the insurer, some limited oil sheens have been reported in the vicinity of the vessel and the priority for salvors is to remove the 145 tonnes of fuel oil which remains on board.
A statement by Five Oceans Salvage says that the latest reports indicate that a number of cargo tanks have been damaged and are flooded, however as of Wednesday the MV Benita appears to be stable and remains firmly aground. Meanwhile, the remaining oil on board is in the process of being pumped from the fuel tanks to specialized containers on the vessel that will then be removed by helicopter. A dedicated tug, the 10,560 bhp Ionian Sea FOS, is in place to provide the MV Benita with stability and control as the operations are ongoing. 
Credit: Five Oceans Salvage
Since vessel was in ballast and not carrying any cargo at the time of the grounding, salvors do not need to focus on the removal of cargo.
Anti-pollution booms remain in place around the vessel and any oil that accumulates is being collected and removed by dedicated teams. Meanwhile, a plan to re-float and remove the vessel from the shoreline is being developed by the salvage team in conjunction with the authorities.
The salvage operation is being led by senior salvage master Nikolaos Pappas. 
A screengrab of the MV Benita’s AIS data leading up to the grounding. Credit: MarineTraffic.com
Dutch Foundation Unveils Prototype System to Rid the World’s Oceans of Plastic
June 22, 2016 by Mike Schuler
The Ocean Cleanup Foundation’s prototype floating barrier sits in front of the MV Union Bear, which later this week will install the prototype in the North Sea. Credit: Ocean Cleanup Foundation
A Dutch foundation developing an advanced clean-up system to rid the world’s oceans of plastic has unveiled its first-ever prototype to be launched later this week in the North Sea.
The Ocean Cleanup Foundation, founded by now 21-year-old Boyan Slat when he was just teenager, unveiled its North Sea prototype on Wednesday before main sponsors Boskalis and the government of The Netherlands.
The prototype will be installed in the North Sea approximately 12 nautical miles off the Dutch coast, where it will remain for a period of 12 months. The objective is to test how The Ocean Cleanup’s floating barrier fares in extreme weather at sea, even more severe than the types of conditions that a full-scale version of the system may encounter.
Once installed, the prototype will be the first ocean cleanup system ever tested at sea.
The foundation says that the 100 meter-long barrier segment to be deployed will help validate the survivability of the system, while sensors will track every motion of the prototype and the loads it is subjected to. The data gathered will enable engineers to develop a system fully resistant to severe conditions during the cleanup of the so-called Great Pacific Garbage Patch, a enormous area of the northern Pacific Ocean where an insurmountable amount of trash has accumulated in mid-ocean gyres.
The design of the system uses long floating barriers which act as an artificial coastline, using the ocean’s natural currents to passively catch and concentrate ocean debris – such as trash and broken down plastics. Although some trash may be caught during the North Sea prototype test, collecting plastic is not its objective.
“This is a historic day on the path toward clean oceans,” commented Slat, at the unveiling of the prototype in the Hague. “A successful outcome of this test should put us on track to deploy the first operational pilot system in late 2017.”
Slat also notes that a successful test does not necessarily mean the prototype will survive. “I estimate there is a 30% chance the system will break, but either way it will be a good test.”
The Ocean Cleanup Foundation’s system continues to be the world’s best bet for cleaning up accumulated trash and plastics from the world’s oceans, if it’s even possible. The foundation hopes to have a full version of the system in place in the Pacific Ocean by 2020.
The Ocean Cleanup Foundation has already received EUR 1.5 million in funding for the prototype project, a third of which was provided by dredging and marine contractor Royal Boskalis Westminster N.V. (Boskalis). The Government of The Netherlands, through the ministries of Infrastructure & the Environment and Economic Affairs, has committed to contributing another EUR 500,000. Additional funding has been pledged by an anonymous donor.
Worker killed in North Dakota crane accident
Fatality: In North Dakota
20 May 2016 04:50 GMT
Caroline Evans
21 June 2016 21:28 GMT
A US oilfield worker has died after being struck by a crane boom while working near the town of Ross, North Dakota.
The 36-year-old was an employee of Advanced Energy, a Michigan-based drilling contractor, according to the US Department of Labor's Occupational Safety and Health Administration (Osha).
The incident happened at about 10:30 pm local time Monday night as a work crew was taking pipe out of the ground to replace a survey tool that was about 650 feet to 700 feet in the ground, according to Osha.
The employee was struck and killed by the boom as it descended.
The news comes days after another oilfield worker was killed in a fire at an XTO Energy well site in neighbouring McKenzie County. Three other workers were injured in the blaze.
"This has been a tragic week in the Bakken region, and we at Osha offer our condolences to the family and friends of these workers," said Eric Brooks, Osha's area director in Bismarck.
"The oil and gas industry is inherently dangerous, and workers are exposed to multiple hazards every day."
The agency has launched an investigation.
A request to Advanced Energy for comment was not immediately answered.
Offshore oil and gas production company, CNR International, has confirmed that its Ninian Central platform has been shut down due to unplanned maintenance.
The platform located in the northern sector of the UK North Sea, was shut down on Monday, due to an issue with its fire pumps, although no specific issue has been given by CNR.
The platform currently remains shutdown for safety reasons whilst work continues on reinstating its fire pumps.
CNR’s spokesman said: “CNR International UK can confirm that it has shut down production on the Ninian Central platform due to maintenance work currently being carried out on the asset’s fire pumps.
“Production will resume as soon as the maintenance work is complete. The health and safety of the workforce is a core value of CNRI.”
The Ninian Central platform, produces and process oil from a surrounding fields, before sending it via the subsea Ninian Pipeline System to the Sullom Voe processing facility on the UK Shetland islands.
======================================================
Written by Phil Allan - 22/06/2016 3:52 pm
Canadian Natural Resources has shut down production on its Ninian South platform after a fire on board the North Sea installation.
All 114 personnel are safe and well following the incident which occurred at midnight. The crew was called to muster before being stood down.
A CNR spokeswoman said: “Production was shutdown and the fire was swiftly extinguished. Personnel were called to muster at the time and all are safe and well, there are no plans to down man the installation.
“A full investigation into this incident is underway.”
Production remains shutdown however normal operations are due to resume today, CNR said.
Ninian South is located 249 miles north east of Aberdeen.
Insurers paying more for fewer lightning strikes, report says
Here are 3 tips for Lightning Safety Awareness Week
Jun 21, 2016 | By Rosalie L. Donlon, PropertyCasualty360.com
Although the number of lightning strikes is down, the dollar value of claims has increased. Is your property protected adequately? (Photo: iStock)
Along with the first day of summer, many places experience increased thunderstorms, often accompanied by lightning. Although most images we get from movies show lightning striking trees or isolated areas, lightning does strike buildings as well, causing extensive damage.
The good news is that the number of Homeowners’ insurance claims from lightning strikes in the United States fell in 2015. The bad news? A new analysis by the New York City-based Insurance Information Institute found that the total insurers paid on those claims — $790 million to nearly 100,000 policyholders — rose by nearly 7%.
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The New York City-based institute and Bloomfield, Illinois-based State Farm analyzed homeowners insurance data for claims from lightning strikes and found:
Total insured losses from lightning rose 6.9% from 2014 to 2015, although losses have declined 23.6% overall since 2010.
There were 99,423 insurer-paid lightning claims in 2015, down 0.4% from 2014.
The average lightning claim paid 7.4% more than a year ago: $7,947 in 2015 vs. $7,400 a year earlier.
The average cost per claim rose 64% from 2010 to 2015. By comparison, the Consumer Price Index rose by 9% in the same period.
(Photo: iStock)
Florida, Georgia, Texas and Louisiana lead in lightning claims
“The average cost per claim is volatile from year to year,” said James Lynch, FCAS MAAA, vice president of information services and chief actuary for the Insurance Information Institute, “but it has generally continued to rise, in part because of the enormous increase in the number and value of consumer electronics, including increasingly popular home automation systems.”
The analysis also found that the drop in the number of claims is consistent with data from the National Weather Service, which recorded 334 events with property damage in 2015, down from 401 such events a year earlier. There were 135 days in 2015 in which lightning caused property damage, while 128 such days were recorded in 2014.
As you might expect, Florida — the state with the most thunderstorms — remained the top state for lightning claims in 2015, with 11,898, followed by Georgia, Texas and Louisiana, respectively.
Generally, damage caused by lightning, such as fire, is covered by standard homeowners insurance policies, the institute explains. Coverage for power surges that are the direct result of a lightning strike may also be included in some policies.
“Not only does lightning result in deadly home fires,” said Lynch, “it can cause severe damage to appliances, electronics, computers and equipment, phone systems, electrical fixtures and the electrical foundation of a home.”
In recognition of Lightning Safety Awareness Week (June 19–25), the Insurance Information Institute offers the following tips to protect homes and businesses against power surges and lightning strikes:
The first step is to install a lightning protection system. (Photo: iStock)
1. Install a lightning protection system
lightning protection system supplies structural protection by providing a specified path on which lightning can travel.
When a building is equipped with a lightning protection system, the destructive power of the lightning strike is directed safely into the ground, leaving the structure and its contents undamaged.
A lightning protection system includes a “rooftop network” of lightning rods or air terminals at the top of the house connected by a series of down conductors to carry the current down to a grounding network (grounding rods or ground plates, depending upon soil conditions). Lightning protection is not a “do-it-yourself” project, so make sure you contract with am Underwriters Laboratories-listed lightning protection specialist to install the system in accordance with national safety standards.
Homeowners may be at an increased risk if they have a corrugated stainless steel tubing product in their home and should bring this to the attention of the lightning specialist.
Ideally, you should have a surge protection device on your electrical panel. (Photo: iStock)
2. Use surge protectors
The sensitive electronic equipment currently in use is particularly vulnerable to lightning.
To assure the highest level of protection, an Underwriters Laboratories-listed surge protection device should be installed on electrical service panels. Most electric utilities will rent or sell a surge device for the electric meter to “clamp down” on incoming surges. A licensed electrician can also be engaged to put similar equipment on the electrical panel. Installations typically include surge protectors for the main electric panel, as well as incoming phone, cable, satellite and data lines.
Surge protectors guard against damaging electrical surges that can enter a structure via power transmission lines. By filtering and dissipating the harmful surges, the devices prevent electrical fires and protect against electrical discharges that can damage a building’s electrical system, computers, appliances and other systems.
UL-listed transient voltage surge suppressors can also be installed to protect high-valued, sensitive electronic equipment such as computers, TVs, corded telephones, microwave ovens, washing machines, refrigerators, garage door operators, and irrigation system controllers, for example. Keep in mind that power strips offer little protection from electrical power surges.
Don't rely just on surge protectors. Actually pull the plugs. (Photo: iStock)
3. Unplug expensive electronic equipment
As an added precaution, unplug expensive electronic equipment such as TVs, computers and the like if you know a storm is approaching.
Jun 22, 2016 | By Greg Land, Daily Report
Nationwide may be forced to pay an $8.1 million judgment for bad faith that includes damages and interest. The company also is likely to be assessed attorney fees for the other party in a case that began with an auto accident in 2005. (Photo: Shutterstock/iQoncept)
After a jury determined late last year that Nationwide Mutual Insurance Co. acted negligently and in bad faith in denying a claim for the death of an auto accident victim, a federal judge has ordered the insurer to pay more than $8.1 million in damages.
More than $5.7 million of the judgment represents a state court jury award in a 2009 trial pitting the family of the deceased woman, Stacey Camacho, against the drunken driver who killed her.
Declined settlement
The court also will be awarding as-yet undetermined attorney fees because Nationwide turned down a 2011 offer to settle the case for $4.5 million. Under Georgia’s offer of judgment statute, a party that declines a settlement offer and then loses at trial by at least 25% more than the rejected offer can be ordered to pay the other party’s attorney fees accrued from the date of the offer.
Slappey & Sadd partners Jay Sadd and Rich Dolder, of Atlanta, Georgia, who represent the plaintiffs along with Darrell Hinson of Swope Rodante’s Atlanta office, said Nationwide could have avoided the judgment if it had simply agreed to pay its insured’s $100,000 policy limit without insisting upon additional conditions.
Nationwide’s attorneys, Goodman McGuffey Lindsey & Johnson partners Robert Darroch and Stephanie Glickauf and associate R. Tyler Bryant, also of Atlanta, filed a motion asking U.S. District Judge Amy Totenberg not to require Nationwide to post an appeal bond while it seeks relief at the U.S. Court of Appeals for the Eleventh Circuit.
Driver pled guilty to vehicular homicide and was sent to prison. (Photo: iStock)
Underlying case of vehicular homicide
In the underlying case, a commercial van driven by Seung Park ran a red light and slammed into Camacho’s Toyota Tercel in 2005. Camacho’s two-year-old son Jacob, strapped into a car seat, survived, but his 25-year-old mother died the next day.
Park pleaded guilty to vehicular homicide and was sentenced to serve seven years in prison and five on parole.
After the accident, Camacho’s husband, Jesus Camacho, and mother and executor, LaJean Nichols, retained Charles McAleer of Decatur, Ga.’s McAleer Law, who sent Nationwide a time-limited, 10-day demand for Park’s $100,000 policy limit. In exchange, he offered a limited liability release shielding Park from any personal liability for any other claims related to the accident “except to the extent that other insurance coverage was available from which the Camacho family could seek additional funds,” according to Totenberg’s order.
Nationwide rejected the offer, “albeit in an untimely response,” and said it would only pay if the family supplied a general release under which they would have to repay the insurer if any other claims were made related to medical liens.
No agreement was reached, and in 2006 McAleer and Atlanta-based Tyrone Law Firm principal Nelson Tyrone III sued filed a wrongful death suit against Park in Fulton County State Court.
The jury awarded Camacho and Nichols $5.85 million, and Park assigned his right to sue Nationwide for negligence and bad faith for failing to settle the claims against him.
Because their lawyers in the state case were potential witnesses, the family retained new counsel to pursue the bad faith claim that was filed in 2011.
Jay Sadd, arguing the plaintiffs’ case against Nationwide. (Photo: John Disney/Daily Report)
‘Gotcha moment’
A pretrial defense filing showed that Nationwide challenged the suit on several grounds, including arguing that Park’s negligence was the proximate cause of the damages against him and that McAleer was “intent on setting Nationwide up for a bad faith claim” by wrangling over the type of release he demanded to push the insurer beyond the 10-day demand letter deadline in order to create a “gotcha moment.”
The defense also challenged the plaintiffs’ position that the bad faith claim was a tort and that the jury award accurately represented its damages, arguing that the case was really a breach of contract dispute.
“Nationwide’s alleged failure to settle was not the proximate cause of the $5.8 million verdict, and if its conduct did not cause the verdict, then the excess verdict amounts to nothing more than a bad faith penalty, and Georgia law is clear that there must be clear evidence of bad faith before penalties can be assessed,” it said.
Sadd and Dolder said there was little discussion of settling the case other than a $500,000 offer from Nationwide shortly before trial, which was declined.
The lawyers for both sides faced a difficult task in educating the jury on insurance law. (Photo: iStock)
A ‘lawsuit about a lawsuit’
During a trial that ran from Aug. 31 to Sept. 8, 2015, the only issue before the jury was whether Nationwide had acted negligently or in bad faith, with damages to be determined later. The plaintiffs’ lawyers said one of the challenges was educating the jury about insurance law in a lawsuit about a lawsuit.
“We focused on making sure the jurors understood the differences between a limited liability release and a general release, and why it was important for their lawyer, McAleer, to stick to his guns and ensure that other avenues for recovery existed for his client,” Sadd said.
On Sept. 8, the jury found for the plaintiffs.
In her order awarding damages, Totenberg noted that Nationwide’s claims adjuster had admitted that her handling of the demand letter “was not in line with industry custom and practice,” and that “there was certain evidence from which the jury could infer that plaintiffs were being jacked around in their settlement negotiations giving Nationwide’s conduct the flavor of bad faith.”
Totenberg’s order awarded $5,730,000, the amount of the state court judgment, plus what was at the time of entry $2,405,873 in interest.
“We respectfully disagree with the trial court’s findings in this case and are reviewing our appellate options,” said Christopher Stollar, a Nationwide spokesman.
Oil spill in South Oklahoma City
Posted 10:31 pm, June 21, 2016, by Lorne Fultonberg, Updated at 10:53pm, June 21, 2016
OKLAHOMA CITY - At least 100 gallons of oil seeped out of a tank, through a containment dike and into a stormwater drainage creek on the south side Tuesday night, filling the air with a strong odor that brought people out of their homes.
The owner of TNT Operating Company told NewsChannel 4 he's not sure how the leak happened.
While he considers the two-barrel spill relatively small, he said a little oil can go a long way in water.
Several blocks away, near SE 51st and Byers, neighbors looked behind their homes to see water that had been turned black.
"A neighbor came over there to tell us what was going on and I walked over with her and about halfway here I could smell it," said Nicona Hill, who lives across the street from the creek. "And when we got here I was like, 'Oh my goodness, this is bad.' Because the creek's never that black."
There are several oil batteries in the neighborhood and residents say spills have happened before -- just never on this scale.
"[It's] disgusting," said Hill, who believes the company needs to be fined. "It needs to be cleaned up. The kids could get down there and play and get sick if they ingest it."
HAZMAT teams installed booms to contain the oil, as TNT worked to clean up the spill.
Work will finish up tomorrow, the owner said, when crews can see better.
Girl, 11, dies at summer camp when lightning topples tree onto cabin
Wednesday, June 22, 2016 12:26PM
BENNINGTON, Ind. -- Authorities say an 11-year-old girl has died after lightning toppled a tree onto a cabin at a southeastern Indiana camp.
The Switzerland County Sheriff's Office says the girl, three adult camp counselors and other campers were inside the cabin about 2 a.m. Tuesday when the tree fell on the building. Police say she was pronounced dead on the scene at Camp Livingston in Bennington, about 40 miles southwest of Cincinnati, Ohio.
Camp Livingston officials posted a message on the camp's Facebook page saying no one else was injured and that the girl's name won't be released.
Several rounds of storms passed through the area early Tuesday. The National Weather Service warned of high winds, heavy rain and frequent lightning.
Gallons of fuel spill onto Passyunk Bridge after crash in Southwest Philadelphia
A crash and fuel spill shut down the Passyunk Ave. Bridge in Southwest Philadelphia. (WPVI)
Updated 2 hrs 27 mins ago
SOUTHWEST PHILADELPHIA (WPVI) -- A crash involving two trucks resulted in a hazmat situation in Southwest Philadelphia.
The incident occurred around 10:42 a.m. Wednesday on the Passyunk Bridge located on the 3000 block of West Passyunk Avenue.
Officials say a gasoline tanker truck struck a box truck on the northbound side of the bridge.
Approximately 20 to 30 gallons of diesel fuel spilled onto the highway.
A Hazmat situation was declared and crews were called to the scene.
No injuries have been reported.
2-alarm truck fire in Mount Laurel, NJ
Updated 5 mins ago
MOUNT LAUREL, N.J. (WPVI) -- Firefighters in Mount Laurel, Burlington County are battling a truck fire.
Crews were called out Wednesday afternoon to the 4100 block of Church Road.
The fire spread to a nearby building.
One person is being flown to an area hospital with severe burns.
It is not clear if this person was inside the truck or inside the building.
The fire is not yet under control.
Worker falls down elevator shaft at George R. Brown Convention Center
Little is known about an accident involving a man and an elevator shaft at the George R. Brown Convention Center
Updated 2 hrs 55 mins ago
HOUSTON (KTRK) -- Firefighters were called to the George R. Brown Convention Center after reports of a man falling down an elevator shaft.
HFD has confirmed the nature of the call to 911 dispatchers, but have no further details.
The George R. Brown Convention Center says in a statement that the accident involved an employee off TD Industries.
While GRB officials could not give us specifics about what happened, we do know paramedics were called to the scene and the worker was taken to the hospital for their injuries.
We are not certain as to the worker's condition, and they have not been identified.
We're following this story on Eyewitness News. Watch for updates on air, online and on our mobile news app.
Female Teen Dies After Contracting Brain-Eating Amoeba While Rafting in NC
GILLIAN MOHNEY
Updated 15 mins ago
A young woman died this week in Ohio after being infected by Naegleria fowleri, commonly called a brain-eating amoeba.
Officials from the Franklin County Public Health Department confirmed that the 18-year-old died from "amebic meningoencephalitis," where the covering around the brain and spinal cord swells because of the infection from the amoeba.
The Franklin County resident was on a white-water rafting trip in North Carolina when officials believe she contracted the amoeba infection, before dying Sunday. Naegleria fowleri is a naturally occurring organism that lives in freshwater throughout the United States. While harmless if ingested, the organisms can be fatal if they travel through the nasal cavity to the brain.
"The deceased's only known underwater exposure was believed to be when riding in a raft with several others that overturned at the U.S. National Whitewater Center in Charlotte," according to a statement from the North Carolina Department of Health and Human Services.
There are zero to eight infections in this country from parasitic amoebas each year and nearly all are fatal, according to the U.S. Centers of Disease Control and Prevention. The U.S. Centers of Disease Control and Prevention advises people to take steps to avoid getting water up their nose when out in fresh water lakes or ponds. Swimmers can keep their head above water, use nose clips, or hold their nose shut when going underwater.
In rare cases, people can become infected if they use contaminated tap water when they use sinus rinsing devices. The CDC advises people to either filter or boil water before using the devices. The CDC says that symptoms start one to nine days (with a median of five) after swimming or other nasal exposure to Naegleria-containing water and die one to 18 days (also with a median of five) after symptoms begin. There is no known cure.
Dr. William Schaffner, an infectious disease expert at Vanderbilt University Medical Center in Nashville, Tennessee, explained in an interview last summer that officials can't screen entire bodies of water for the organism.
"The amoeba are in small numbers everywhere," Schaffner said. "They go hibernate in the wintertime. They're part of natural environment."
Schaffner also pointed out that cases are extremely rare and people shouldn't fear going to freshwater lakes or feel they should swim only into the ocean or chlorinated pools.
Authorities cordoned off the scene of a fatal two-car crash that may have been the result of a drunk driver in Lakewood on Tuesday, June 21, 2016. (KABC)
By ABC7.com staff
Updated 20 mins ago
LAKEWOOD, Calif. (KABC) -- Two people were killed in what authorities suspect may have been a drunk driving incident in Lakewood Tuesday night.
Authorities received a call around 9:30 p.m. regarding a car crash at the intersection of Frankel Street and Paramount Boulevard. When authorities arrived, two people in one of the cars had been killed.
One of the victims was identified as 30-year-old Long Beach resident Brian Urquia, according to authorities. Urquia was the driver and his passenger was a 20-year-old woman also from Long Beach. Her name was not released pending notification of next of kin.
The driver of the other car, suspected of driving under the influence, was hospitalized in stable condition, police said.
The investigation was ongoing. No further information was immediately available.
City News Service contributed to this report.
Civil Trial Starts for Fatal Offshore Platform Accident
Published in Oil Industry News on Tuesday, 21 June 2016
A civil trial is expected to open on Monday, stemming from a fatal 2012 explosion aboard a U.S. Gulf of Mexico platform.
The explosion and fire aboard the Black Elk Energy-operated West Delta 32 platform resulted in the tragic deaths of Ellroy Corporal, Jerome Malagapo, and Avelino Tajonera, serious injuries to others, and the discharge of pollutants into the Gulf of Mexico.
An investigation by the U.S. authorities later revealed that the explosion and fire occurred when hydrocarbon vapors ignited while a worker was welding on the incoming pipe segment to the wet oil tank located in the Lease Automatic Custody Transfer (LACT unit) area. The ignition started a chain reaction that caused the wet oil tank and two connected dry oil tanks to explode.
According to the Associated Press, the case opening on Monday involves nine lawsuits. The plaintiffs are the relatives of the deceased, injured workers, and the companies who did work on the affected platform.
The news agency says that the trial will take place in several phases
Source: www.offshoreenergytoday.com
Obama Signs Major Overhaul of Toxic Chemicals Rules Into Law
By josh lederman, associated pressWASHINGTON — Jun 22, 2016, 12:36 PM ET
President Barack Obama signed the first major overhaul of toxic chemicals rules in 40 years into law on Wednesday, calling it proof that Washington can function despite intense polarization.
In a White House signing ceremony, Obama praised both chemicals industry groups and environmentalists alike for finding consensus despite their usual differences of opinion. He was joined by a diverse group of U.S. lawmakers who helped pass the legislation, including House Democratic leader Nancy Pelosi of California and Republican Sen. David Vitter of Louisiana.
"If we can get this bill done, it means somewhere out there on the horizon, we can make our politics less toxic as well," Obama said before putting his pen to the bill.
In addition to updating rules for tens of thousands of everyday chemicals, the law also sets safety standards for dangerous chemicals like formaldehyde, asbestos and styrene. The law aims to standardize on the national level what is currently a jumble of state rules governing the $800 billion-per-year industry.
Congress spent more than three years working on the bill, which rewrites the 1976 Toxic Substances Control Act and aims to "bring chemical regulation into the 21st century," according to the American Chemistry Council, which backed the overhaul.
"Folks should have the confidence to know the laundry detergent we buy isn't going to make us sick, the mattress our babies sleep on isn't going to harm them," Obama said.
Republicans and some Democrats have been sharply critical of Obama's efforts to strengthen environmental and climate protections through the use of regulations they say stifles businesses and creates unnecessary burdens. In recent years, many Republicans have worked to pull funding for the Environmental Protection Agency or eliminate it entirely.
So it was especially unusual that the toxic chemicals bill passed a Republican-controlled Congress with broad support despite giving the EPA increased authority to assess the safety of new and existing chemicals.
"That doesn't happen very often these days," Obama said. "So this is a really significant piece of business."
Business groups had sought a single, federal standard to eliminate the complexity of dealing with state regulations that don't always line up with each other. Still, some Republicans opposed the legislation and called it an overzealous Washington takeover of a matter they said should be left to the states.
Obama said the law meant that for the first time in its history, the U.S. would be able to regulate chemical effectively. He described it as an extension of bipartisan efforts decades ago to start protecting America's air, water and wildlife, and said the chemicals law would be particularly critical for vulnerable populations like children, pregnant women, the elderly and the poor.
The bill's namesake, former New Jersey Sen. Frank Lautenberg, died in 2013 after having worked for years to fix the law. His wife, Bonnie Lautenberg, was at the White House for the signing.
Chemical spill takes worker's breath away, official says (PHOTOS)
A hazardous materials team was being brought in midday June 21, 2016, to an acid spill in the first block of North Third Street in Easton. The city fire department opened the garbage bag, but wasn't able to immediately determine what chemical spilled from a bottle inside. (Sue Beyer | For lehighvalleylive.com)
Sue Beyer | For lehighvalleylive.com
Tony Rhodin | For lehighvalleylive.com
on June 21, 2016 at 12:28 PM, updated June 21, 2016 at 2:32 PM
When an Easton city worker grabbed the bag Tuesday morning from the garbage can in the first block of North Third Street in Easton, the smell was intense.
He dropped the bag on the sidewalk next to a parking lot, but not before getting a whiff of what was inside.
"It took his breath away," an Easton fire official said. A compromised bottle in the bag left three yellow stains in the sidewalk.
The Easton Fire Department was called at 11:40 a.m.
A city firefighter put on a safety suit and moved the bag from the sidewalk into the street, the official said. The firefighter cut open the bag, but was not able to determine what kind of chemical was in the bottle.
Whatever was inside didn't spill much onto the street. There was a chemical odor several feet away, although a brisk wind was ventilating the area.
The Lehigh County hazardous materials team was requested and by early Tuesday afternoon, that block of North Third was shut to traffic.
The city employee was taken to a hospital for observation, the fire official said.
