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A 39-year-old employee of BNSF was killed Aug. 4 in a Tulsa railroad yard accident when the 2010 Kubota RTV in which she was a passenger was struck by a flatcar that rolled off a hump, according to the Oklahoma Highway Patrol, as reported by the Tulsa World newspaper. The accident occurred about 2:15 a.m.

Pronounced dead at the scene, Deborah Ann Beeler died from multiple injuries. She was an employee of BNSF and a member of United Transportation Union Local 1289 since July 2005.

During a hump operation, the RTV was crossing BNSF’s Cherokee Yard Tracks when it was struck on the passenger side by the flatcar. The railroad car rolled off the hump by gravity. Pinned in the RTV for two hours, Beeler was freed by rescue workers from the Tulsa Fire Department.

The driver of the RTV, UTU Local 1289 member Randy Battenfield, 27, escaped injury, according to the Tulsa World. He became a union member July 1, just 35 days before the accident.

Since the start of 2011, Beeler is the fifth UTU member who has been killed in an accident while on duty. The mishap was the second yard accident in 2011.

(Source: UTU)

Contact Beaumont FELA lawyer Tony Malley for information about your railroad injury or death case.

Tornadoes, blizzards, wildfires and record low temperatures have kept the Red Cross in Oklahoma on its toes this year.

After a tornado May 24, Derrick Butler and his two daughters came home east of Cashion to a front porch, back porch, and a demolished home in between.

“I never did find a whole lot of the rest of the house,” Butler said. “The only clothes we had were the ones we were wearing when we left.”

The American Red Cross stepped in to help.

“They gave us some money for clothes and meals because we didn’t have anything at all,” Butler said. “I don’t like asking anyone for help, but it was a great help to have somebody step up. I think they’re a pretty good outfit.”

“They gave us some money for clothes and meals because we didn’t have anything at all,” Butler said. “I don’t like asking anyone for help, but it was a great help to have somebody step up. I think they’re a pretty good outfit.”

In three months early in the year, the agency went into action in 46 large disasters across more than half the country. Over 13,300 workers came to the aid of their fellow Americans.

In just two days in February, Spavinaw, Oklahoma, set a state record for snowfall — 27 inches in 24 hours. In Nowata Feb. 10, the town set a state record when the temperature plunged to minus 31 degrees.

The Red Cross of Central Oklahoma Chapter helped out after there were 27 house fires and eight apartment fires in June alone. First responders and 1,578 victims were aided.

Rusty Surette, regional director for communications of the Oklahoma City American Red Cross, said fatigue is a formidable problem for volunteers and staff alike.

“We are an organization that is mostly volunteer-driven,” he said “But there are only a certain number of volunteers.”
Surette said they also see donor fatigue. “We’re just like any other nonprofit; it’s all donor money that keeps us going. We’ve been able to hold our own, but it’s a challenge.”

(Source: NewsOK)

So far, 2011 has proven to be one of the most devastating tornado seasons in the U.S. If you’ve been affected by a disaster in Oklahoma or anywhere throughout the U.S., contact Texas insurance claims lawyer Tony Malley to help ensure you get the help you need to rebuild and move forward with your life.

Two men were killed in an oil rig accident, June 11, 2011, from Big Spring Texas. The Occupational Safety Health and Administration (OSHA) is investigating the accident to determine if it was caused by unsafe working conditions.

Two workers onboard a rig operated by Robinson Drilling of Texas Ltd. suffered fatal head injuries when the kelly on the rig came to a sudden stop. According to witnesses, the abrupt stop caused the rig’s block to fall and hit a 25-year-old worker in the head. He was pronounced dead at the scene.

Another worker was hit in the head by the tong. The injured worker was a 28-year-old man. He was allegedly taken by helicopter to University Medical Center in Lubbock. He died later that morning.

OSHA is conducting an investigation to determine exactly what happened. The agency said it could take up to six months to complete the investigation.

(Source: MyWestTexas.com)

For more information, contact Texas Jones Act lawyer Tony Malley today.

Drop side cribs were recalled May 24 by the U.S. Consumer Product Safety Commission (CPSC) and the cribs’ importer, Dream on Me, Inc. of Piscataway, New Jersey. The voluntary recall was made because of the danger of entrapment, suffocation, laceration and falls.

The recall announcement told consumers to stop using the cribs immediately. It is illegal to resell or try to resell a recalled product, the news release said.

The CPSC and Dream on Me reported knowing of 69 incidents involving the cribs. A 1-year old boy’s nose was scratched when he was trapped between the mattress support and side rail of his portable crib. An 8-month-old girl was slightly injured on her head by plastic hardware that became exposed inside a portable crib.

Dream on Me sells two types of cribs, full-size and portable cribs. The recall applies to both. In the full-size cribs, the rail hardware can break or fail. This allows the drop side to become detached from the crib, leaving a space between the drop side and the crib mattress where the infant’s or toddler’s body can become trapped. This can lead to the child being strangulated, suffocated or falling out of the crib.

In the portable cribs, the drop-side rail hardware can break or fail. This could permit the drop side to detach from the crib or fall. Also, the hardware for the portable crib mattress support and the drop-side release latch are easily broken. In addition, the slats can loosen or break and become detached from the crib. Children could cut themselves on the exposed hardware.

Starting in July, consumers of the full-size cribs were able to get a free kit from the company that would immobilize the drop side. Consumers of the portable cribs were able to receive replacement cribs whose sides are fixed. These cribs also became available in July.

On June 28, new mandatory rules went into force and stated that all cribs manufactured and sold must meet new and improved safety requirements.

The cribs were sold at Target, Toys R Us and Walmart.

(Source: CPSC)

If your child is injured by a dangerous product, child injury lawyer Tony Malley can help you. Contact us for a free review of your case.

The Supreme Court on June 23 ruled in favor of a railroad worker against CSX Transportation, tantamount to a victory for injured railroad workers in Federal Employees Liability Act (FELA) cases.

The five-to-four decision saw Justice Clarence Thomas, a conservative, crossing over to side with liberal justices Ruth Bader Ginsburg, Sandra Sotomayor, Elena Kagan, and Stephen Bryer. The Court ruled against CSX in favor of an injured CSX locomotive engineer.

The engineer was injured in 2004 while operating a locomotive that he contended was not suited for switching operations. He won a monetary award from a federal district court. CSX contested the 7th Circuit Court of Appeals ruling and lost. In a second appeal before the Supreme Court, CSX lost again.

In both appeals, CSX contended that injured railroad workers should meet a higher standard of proof than is required in FELA cases. CSX said railroad workers should meet the same standard of proof that is required in non-FELA personal injury cases. In contrast, the trial court instructed the jury that CSX should be held liable for negligence even if the negligence played even a small part in causing the injury.

CSX wanted the court to rule that the railroad should be held responsible only if it was a “primary cause” of the injury.
Justice Ginsberg, in writing for the majority, said, “Juries in such cases are properly instructed that a defendant railroad ’caused or contributed to’ a railroad worker’s injury ‘if [the railroad's] negligence played a part — no matter how small — in bringing about the injury.’ That, indeed, is the test Congress prescribed for proximate causation in FELA cases.”

FELA was passed in 1908 at a time when 4,000 railroad workers were killed and 63,000 were seriously injured annually.

(Source: UTU)

Contact Beaumont FELA attorney Tony Malley for information about your case.

Dozens of people were battered by a storm system that swept through Arkansas, Oklahoma, Alabama and Mississippi in mid-April 2011.

Nine persons were killed in Oklahoma and Arkansas by storms and at least one person was killed by a tornado as the storm moved into Mississippi. Tornadoes touched down in six counties in Mississippi and Alabama.

Two cars became entangled in power lines and a semi-trailer flipped over in Clinton, Mississippi, WLBT TV reported. Seven people in the town entered the hospital, including an elderly woman whose injuries were life-threatening. Jackson also suffered damage.

About 18,000 persons lost power in Tuscaloosa, Alabama, when a suspected tornado touched down near Shelton State College on state Highway 69. A motel and bank also were struck. In Georgia, high winds knocked over trees.

All counties in Alabama and 14 counties in Mississippi were declared to be in states of emergency.

Residents, so accustomed to violent storms, slept through or ignored winds of 80 miles per hour and repeated lightning strikes that cut a swath of devastation through the area.

In the small town of Tushka, Oklahoma, two people were killed by tornadoes.

In Arkansas, seven people died, including a 6-year-old boy who was crushed to death by a fallen tree in the town of Bald Knob. In Garland County a father and 18-month-old girl were killed by a tree that toppled onto their mobile home when it was hit by lightning. One side of the mobile home was obliterated.

In Pulaski and St. Francis counties, two more persons were found dead. A tree in Little Rock crushed a mother and her 8-year-old boy when it fell on their home.

(Source: MSNBC)

Devastating storms have swept across Arkansas, Oklahoma, Alabama and Mississippi, killing people and devastating homes and businesses. If you’ve suffered loss due to the violent storms, the last thing you want to deal with is insurance companies and confusing paperwork.

Contact Beaumont insurance claims attorney Tony Malley for the help you need to get your life back on track.