Levinson and Stefani welcomes new additions to the team

August 17, 2015 by Levinson and Stefani Leave a Comment

In keeping with our special bobblehead tradition, we’re welcoming two new “faces” to the office. Nicole Prefontaine, our new Legal Assistant, and Matt de la Peña, Director of Communications, have joined Levinson and Stefani as the firm’s newest members.

Nicole recently moved to Chicago from Madison, Wisconsin, after graduating from the University of Wisconsin – Madison with a B.S. in Legal Studies and a Certificate in Criminal Justice. While at UW, Nicole developed knowledge in a variety of legal fields through her internship with US Federal Probation and Pretrial Services and volunteer service at the Family Court Clinic of UW Law School. She plans to attend law school in the near future, after taking the time to acquire professional work experience. When not in the office, Nicole enjoys traveling, weight lifting, horseback riding and spending time with her rescue dog, Hudson.

“In just a few weeks Nicole has proven to be an invaluable member of the team,” said Partner Jay Stefani. “Her experience is right in line with the firm’s needs and the needs of our clients. We’re thrilled to have her on board.”

Matt was recently an Account Executive at Carol Fox and Associates, representing the Auditorium Theatre of Roosevelt University, the McAninch Arts Center at the College of DuPage and the Village of Rosemont. Previously, Matt was a section editor at Time Out Chicago and a staff writer at Time Out Chicago Kids. His writing has appeared in the Chicago Tribune, Dance International, See Chicago Dance and the sports journal ChicagoSide Sports. Matt has a B.A. in Journalism and Communications from the University of Iowa and an M.A. in Writing and Publishing from DePaul University. Matt loves a good cup of coffee, a good book and a good ball game.

“Now that we’ve hit the one-year mark, Levinson and Stefani is looking to take the next step,” said Founding Partner Ken Levinson. “With such a diverse background in journalism, marketing and PR, we know Matt can help us get there. We’re looking forward to the future.”

Here’s the CPSC’s eight kid-related recalls from July

August 14, 2015 by Levinson and Stefani Leave a Comment

Kyber Outerwear's recalled kids sweater, one of the many in July. — Kyber Outerwear’s recalled kids sweater, one of the many in July.

Baby floats, night lights, sweaters and strollers — it’s all here

We’ve parsed through the Consumer Product Safety Commission’s list of recalled products to bring you the “greatest hits,” so to speak, of the CPSC’s kid-related recalls for July 2015. Note: This list is compiled based on the products that our firm has designated “kid-related.” This list simply serves as a sample size of the many recalled products highlighted for any given month by the CPSC, some of which include things like lawn mowers and kitchen appliances.

Below you’ll find the name of the product, what the product essentially does and/or is, and the problem for which manufacturers decided to institute a recall.

July 1

Otteroo Inflatable Baby Floats

The product: A round ring made of clear and blue plastic material. It has two air chambers that fasten around a baby’s neck with a white buckle. The floats have a chin rest, two handles and two circular openings on the back of the ring to allow the device to expand as the child grows with age.

The problem: Drowning risk due to deflation: The manufacturing firm has received 54 reports of broken seams on the product.

July 8

Barnett Outdoors Black Widow Slingshot

The Product: Slingshot about 6 inches tall. It has a black plastic handgrip with red linear rubber studs on the palm side, a silver metal fork and silver metal folding wrist brace. The folding wrist brace has a black, soft plastic wrist strap.

The problem: Injury risk: Barnett has received two reports of the wrist strap slipping off, and the body of the sling striking the users in the face, with one consumer receiving bruises and the other suffering facial fractures.

July 9

Jake’s Fireworks Yo Yo Sparklers

The product: Yo Yo Sparklers are 13.5 inches long, metallic gray in color on a wire stick. They were sold in multicolored packages containing four individual sparklers.

The problem: Burn hazard: Jake’s has received 12 reports of incidents of the sparklers burning rapidly down the stick towards users’ hands resulting in second and third degree burns to consumers’ hands.

July 15

DaVinci Cribs

The product: DaVinci brand full-size cribs including the Reagan crib (model #M2801), the Emily crib, (model #M4791), the Jamie crib (model #M7301), and the Jenny Lind crib (model #M7391) manufactured from May 2012 through December 2012.

The problem: Entrapment, fall and laceration hazards: The manufacturing firm has received 10 reports of the mattress support brackets detaching.

July 21

Circo Night Lights

The product: Battery-operated night lights with an AC adapter. The night light collection includes a pink hedgehog, a blue bird, a yellow rocket, an orange dino egg, a white soccer ball and a green shark.

The problem: Fire hazard: Target has received two reports of the night lights overheating, including one report of a fire that damaged a consumer’s dresser, wall and plug-in.

July 23

UPPAbaby CRUZ Stroller

The product(s): Recall involves 2015 CRUZ and 2015 VISTA strollers and 2015 RumbleSeat. The CRUZ strollers have an aluminum alloy grey or black frame with a black fabric toddler seat with a colored fabric sunshade canopy and a black basket under the seat.

The problem(s): Choking hazard: UPPAbaby has received 22 reports of children biting off a piece of the bumper bar foam. No injuries have been reported.

July 28

Kyber Outerwear Children’s Sweaters

The product: Animal-themed, hooded children’s sweaters, 100 percent wool when produced in Nepal and 50 percent wool and 50 percent acrylic when produced in Bangladesh.

The problem: Strangulation hazard: Faulty drawstring. No injuries have been reported.

Diamond Sports Umpire and Catcher Facemask

The product: Diamond Sports umpire and catcher face masks with Diamond harnesses. The masks and harnesses are black. Diamond is printed in white on the harness.

The problem: Impact injury hazard: The manufacturing firm has received 36 reports of the stitching failing on the harnesses. No injuries have been reported.

All information gathered from the Consumer Product Safety Commission.

NTSB animation shows crash that injured Tracy Morgan

August 12, 2015 by Levinson and Stefani Leave a Comment

Animation of the collision that critically injured actor Tracy Morgan, courtesy of the NTSB.

Experts say sleep deprivation caused the collision that injured the ’30 Rock’ star

The National Traffic Safety Board concluded yesterday that the Walmart trailer that injured actor Tracy Morgan was the result of an operator who was driving on just four hours of sleep, working in excess of 28 hours during a 33-hour time frame.

The NTSB claimed as much during its initial investigation in 2014, but the conclusive evidence of yesterday’s report left no room for doubt. The driver, Kevin Roper, was charged with vehicular manslaughter after his truck ploughed into a bus carrying Morgan and comedian James McNair, who later died as a result of the crash last summer.

The NTSB released video animation of the crash along with its report, showing the truck speeding in excess of 60 mph in a 45 mph construction zone, where, at the time, cars had reduced their speed to about 10 mph.

The fact that McNair died and that a celebrity like Morgan was severely injured shined an even brighter spotlight on a problem that has been plaguing drivers for years. Driver fatigue and hours-of-service has been a point of contention for safety groups advocating for stricter regulations, while lobbyists for the trucking industry say it unfairly penalizes drivers with good driving records who abide by the rules. Currently, drivers are required to take a mandatory 34-hour resting period after a maximum workweek of 70 hours on the road. Drivers cannot drive for more than 11 hours a day and must have a 30-minute break in their schedule.

Earlier in 2013, Congress decided to roll back laws that had enforced stricter driving regulations and hours-of-service rules, which were nearly derailed because of the Morgan crash. It’s been widely documented that many drivers ignore the rules on sleep since their livelihood depends on the miles logged between trips. It’s the industry’s worst-kept-secret that truck operators are working beyond their limitations and causing accidents in the process. Federal agencies have said that driver fatigue is a leading cause of crashes and highway fatalities, a point that often goes overlooked and remains an ongoing problem.

With the revelation that last summer’s crash involving Morgan was conclusively the result of sleep deprivation, the issue is bound to come up again. Walmart has since settled civil suits with Morgan and the McNair family.

Founding Partner Ken Levinson accepts AAJ leadership roles

August 11, 2015 by Levinson and Stefani Leave a Comment

Levinson and Stefani Founding Partner Ken Levinson has been appointed Chair of the Education Committee of the American Association for Justice’s Interstate Trucking Litigation Group, announced at a recent board meeting. Levinson will serve a two-year term through 2017.

As part of his appointment, Levinson will plan, coordinate and participate in the TLG’s trucking education initiatives, which includes webinars and downloadable audio presentations for trial lawyers, available on its website. Levinson’s goals is to make sure that lawyers representing clients affected by dangerous truck companies have the tools and resources necessary to litigate their cases.

Up next for the litigation group is the Advanced Trial Advocacy College: Litigating Truck Collision Cases, October 7–10, in Dallas, TX. Levinson is thrilled to be part of the lecture and workshop format. Some of the topics discussed include Crafting the Rules and Themes, Truck Driver Depositions, Safety Director Depositions and Opening Statements and Summations.

In other news, Levinson was also elected Vice Chair of the Motor Vehicle Collision, Highway & Premises Liability Section, addressing federal issues and focusing on auto collision cases, truck safety, highway design, low speed impact and premises liability. Levinson will also chair the section’s Practice Resources Committee, which compiles documents such as pleadings, research, expert reports and other information that might be helpful to fellow trial lawyers.

Exchange your (illegal) baby bumper pads and get free stuff in return

August 5, 2015 by Levinson and Stefani Leave a Comment

Baby bumpers are notoriously dangerous, says child advocacy groups. Photo by Paul Goyette.

Parents, do you have unwanted (and very dangerous) bumper pads lying around?

The local non-profit Kids In Danger is giving away Safe Sleep Kits on August 17 between 10-11am at the Humboldt Park Boathouse in exchange for your crummy bumper pads, which Illinois lawmakers continue to rankle about in Springfield.

On April 22, 2015, the Illinois House passed a bill banning the sale and manufacturing of baby bumper pads statewide because of the dangers they pose to infant children. The bill now goes to the Senate where it’s expected to face pushback from other lawmakers and industry lobbyists who feel the ban might put people out of jobs. Chicago became the first city in the country to ban baby bumpers in 2011.

Bumper pads were first introduced as a way to prevent infants from bumping their heads and getting tangled in the bars of their cribs. Safety advocates later discovered that bumpers posed a suffocation hazard, prompted by a series of tragic deaths that left parents reeling in the aftermath. Consumer Reports labeled crib bumper pads among its “13 dangerous baby products to avoid,” citing links to Sudden Infant Death Syndrome (SIDS). The Journal of Pediatrics confirmed that 27 children ranging from 1-month to 2-years-old died as a result of strangulation related to baby pads between 1985-2005; Safe to Sleep, a public education campaign established by the Eunice Kennedy Shriver National Institute of Child Health and Human Development, learned that more than 2,000 babies died of SIDS in 2010, the last year any such statistics are available.

Surprisingly parents still use baby bumper pads despite regular pleas from consumer advocacy groups to refrain from doing so. Some believe they prevent needless injuries while others simply believe they add a better aesthetic to a nursery. Kids In Danger—based here in Chicago—has been focused on preventable child injuries since the organization’s founding in 1998. One of its most staunch causes is alerting parents to the dangers of SIDS, the result of several deaths each year due to asphyxiation.

On August 17, you can make your home a little safer and take home a few goodies in the process. The Safe Sleep Kit comes with sleep sacks, home safety bags, and board books. You’ll also be able to enter a raffle for a chance to win a Target gift card. Take advantage while you can.

Monday, August 17, 2015 | 10–11am | Humboldt Park Boathouse, 1439 N. Sacramento Blvd with The San Lucas Produce Mobile | More details at www.kidsindanger.org

August is school preparedness month

August 3, 2015 by Levinson and Stefani Leave a Comment

It's the most wonderful (or stressful?) time of the year. — It’s the most wonderful (or stressful?) time of the year.

Are you ready for 2015–2016?

It’s hard to believe that school is almost back in session. The state of Illinois and the Illinois Emergency Management Agency (IEMA) are presenting several notes for the annual Back to School Preparedness campaign, in preparation for the 2015–2016 school year. We’ve expanded IEAM’s recommendations and included a few things we think could be helpful to you and your family as we inch closer to start date.

Brushing up on resources
The American Academy of Pediatrics provides great info regarding backpack safety, bullying and even homework study tips, as does Edutopia and Scholastic. Experts advise on best practices, ranging from bus protocol to proper fall attire, to keep things relatively sane before school season. Take the time to browse the web for other bits of useful information when you have a spare moment.

Discussing social media responsibilities and appropriate content
Facebook, Twitter, Instagram — they’ve all got their positives and negatives. The negatives, though, can be downright destructive. As it becomes more prevalent these days, have constructive discussions about good content and how/when it’s appropriate to use social media in a school setting, particularly if your young man/woman is a teenager.

Ensuring your current emergency contact information is on file at your child’s school
People move, change jobs, and get new cell phone numbers. Keep up so the school has all the necessary information if and when the time comes. Consider having multiple contacts on file, and make sure to pre-authorize a friend or relative to pick up your children in an emergency.

Knowing your child’s school or day care emergency protocol/plan
Schools often choose multiple meeting points, depending on the emergency. Teachers may declare a local restaurant, a spacious parking garage, or nearby a park as designated checkpoints. Knowing those spots beforehand will put your mind at ease.

Marking your calendars
Your school likely compiles family events, parent teacher conferences and additional information for its academic calendar. Making habit of inputting the important dates on your digital calendar, or keeping a school calendar in a prominent spot for weekly check-ins will help you prioritize your schedule.

Reinforcing bus safety
Crossing at a crosswalk, looking both ways before crossing—these are the moments to talk about traffic safety tips and the dangers of large vehicles. That includes school buses. Buses are designed with safety in mind, but they’re also big with limited visibility. It’s a good idea to reinforce the facts.

Teaching children with cell phones about ‘Text First, Talk Later”
Short, simple text messages, such as “R U OK?” and “I’m OK,” are more likely to get through than a phone call if phone service is disrupted following an emergency. It may not seem like much, but it could make all the difference in a bad situation.

Updating allergy medications and medical records
Prescription medications and emergency meds simply can’t be overlooked. Account for new staff changes and anyone who may not know about your child’s recent peanut allergy, for example. If possible, schedule an appointment with the school’s nursing staff so everyone is on the same page. Provide the staff with a mini stockpile of emergency medications.