“Construction firm, woman settle claim from auto accident” 
By Deangelo McDaniel
DAILY Staff Writer
dmcdaniel@decaturdaily.com · 340-2469

The insurance company for B&H Construction in Morgan County has settled a claim with a Somerville woman for $700,000.

Darlene Tokarz, a phlebotomist at Decatur General Hospital for more than 20 years, suffered permanent nerve damage in her right arm when a driver for the construction company hit Tokarz's car from behind, according to her attorney.

"She's not able to go back to work and do what she was doing," said her attorney, Brent H. Jordan of Huntsville.

According to the accident report, Frances Bittler was
driving the truck that hit Tokarz's car on Alabama 67 at about 6 p.m. on April 18.

Medical officials airlifted Tokarz from the scene to Huntsville Hospital.

"Her lungs had collapsed, and she had a very bad fracture in her upper arm that pinched the radial nerve," Jordan said.

Tokarz, who was about four years from retirement, has radial nerve palsy, which causes her hand to collapse.

"She's basically had to resign (from Decatur General) because she functionally can't do the job she was doing," Jordan said.

Tokarz, who was on her way home from work when the wreck happened, also fractured her lower right leg.

"While her lower left injuries have healed, her right arm injury is considered permanent due to the nerve injury," Jordan said.

Link to article: 

The Decatur Daily  http://legacy.decaturdaily.com/decaturdaily/news/051222/settle.shtml

 

Fort Payne woman files lawsuit, says tainted dog food killed pets
7/10/2006, 5:47 p.m. CT
The Associated Press

FORT PAYNE, Ala. (AP) — A Fort Payne woman has filed a lawsuit against Diamond Pet Foods Inc., claiming the company produced contaminated dog food that killed two of her dogs.

The lawsuit filed on behalf of Shelia Barnes in DeKalb County Circuit Court last week accuses the company of negligence, breach of contract, suppression of the truth and breach of warranty. Barnes is seeking unspecified compensatory and punitive damages.

It contends that the Meta, Mo., company knew its product contained deadly levels of aflatoxin, a fungus that grows on spoiled corn and is deadly if eaten by animals, the Fort Payne Times-Journal reported in a story for Tuesday. Corn is an ingredient in the company's dog food.

The lawsuit alleges Diamond knew in September 2005 that its products contained the toxin, but continued to sell it until December 2005. Huntsville attorney Brent H. Jordan, who is representing Barnes, said the company's recall was at the request of the Food and Drug Administration.

Mark Brinkmann, a manager with Diamond, said there are similar lawsuits pending across the country. He declined to speak about individual cases.

Autopsy reports from the Alabama Department of Agriculture and Industries showed Barnes' pets, and Maggie, died from aflatoxin poisoning, Jordan said.

Link to article:  http://foodsafetyinfo.org/phpbb/viewtopic.php?t=4598

 



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