Drivers Fight Back Against Towing Company

Two major Columbus-area towing companies, Shamrock Towing and Camcar, have been systematically overcharging drivers whose cars were towed, and a new class action lawsuit, filed Wednesday in the Franklin County Court of Common Pleas, seeks to bring an end to this illegal practice and recover the excessive charges drivers were forced to pay to get their cars back.

 

Ohio law prohibits towing companies from charging more than $90 for towing and $12 per day for storage when they tow a car, but according to the lawsuit, both Shamrock and Camcar regularly charge an additional $30 “administrative fee” that the law does not allow.

 

Bill McCartney, one of the drivers bringing the class action, explained why he felt the need to bring suit. “What upsets me is that there is nothing I or other drivers can do to fight the excessive fees.  Your car is being hostage and if you want it back, you have to pay whatever they demand.”  McCartney noted that he does not object to towing when it is done in accordance with Ohio law.  

 

Fred Gittes, who along with Mark Lewis and Robert Wagoner, all Columbus attorneys, filed the class action, explained that Shamrock and Camcar are among the larger towing companies in the state, and that it appears that charging more than the state towing statute allows is an industry-wide practice in Ohio’s cities.  “Towing companies are basically thumbing their noses at the law, which is intended to allow for towing, but also to protect drivers from unreasonable and predatory charging practices.  After all, once the towing company has your car, you are basically helpless when it comes to what you have to pay to get it back.  You can’t negotiate, you can’t refuse to pay, and in most cases, the person who just got towed has no idea what is reasonable, much less what the maximum allowed rate is.”

 

One of the first steps in the lawsuit, according to Gittes, will be to find out just how widespread this illegal practice has been.  Thousands of people have likely been affected by the policies in place at Shamrock and Camcar, to say nothing of the numerous other towing firms operating in Columbus and throughout Ohio. 

 

For further information, contact Fred Gittes, The Gittes Law Group, (614) 222-4735.  You may also contact Mark Lewis or Stephen Whetstone with Kitrick, Lewis & Harris Co., L.P.A., 614-224-7711. 

 

Click here for Mr. Gittes interview with Channel 10.

 

As we get older we are going to have more body parts fail. Knee, hip, and other implants are becoming more and more commonplace. Before having such  major surgery it is crucial to make sure that your surgeon and the products that a doctor wants to insert in your body are as safe as possible. As for your surgeon, it is critical that you get his or her history, talk to others who have used this doctor, check the local and state listings with the medical boards to find out what kind of lawsuits or complaints have been filed against the doctor if any, find out how many of these surgeries the doctor has done, find out when the doctor feels the best when doing surgeries, find out who the anesthesiologist is and talk to that doctor in great detail about any and all allergies, medications and other issues so that when you are put to sleep you will safely awake, and verify that the doctor you hired is doing the surgery and not an intern or resident or associate or whoever is second in line. Find out when it comes to the product exactly what company has made it, and get all details as to how old the product is, whether there have been any issues or recalls with it, whether it is commonly used or whether it is a “new” product. Do as much research as you can before taking such a major medical step. By  doing so, you greatly enhance your odds of coming out of surgery better than ever with as few problems as possible.

There are many lawsuits between businesses. In fact, such business litigation is commonplace. For instance, retailers recently sued Pfizer for generic Lipitor delays, stating there was a conspiracy to delay sales of Lipitor, the best-selling drug in history. Facebook, Inc. and Yahoo, Inc. have agreed to forge a broad internet advertising and licensing partnership, putting to rest their dueling patent lawsuits. Apple, which has been very actively suing companies, has filed suit against Samsung Electronics Co over patents for technology  used in smart phones and tablets  and it seeks $2.525 billion in damages.  And in another suit Apple is paying $60 million to settle a China iPad trademark dispute. This involved Proview Technology (Shenzhen).

With summer winding down and the new school year gearing up, it's important to remember key safety tips to ensure our kids get to and from school each day safely.  Nationwide Children's Hospital has posted the following key safety tips for students, parents, and community members in general to keep in mind. 

School Bus Safety Tips

• Children riding the bus to school should learn and practice a few safety rules for getting on and off the bus.
• Get to the bus stop early. Do not run to the bus.
• Wait until the bus has come to a complete stop before walking toward it.
• If crossing the street, wait for a signal from the bus driver.  Look both ways to make sure there is no moving traffic from either direction.
• Always cross in front of the bus so the driver can see you.
• If the bus has lap and shoulder belts, use them.
• Once the bus is in motion, remain in your seat.
• If the window is open, keep your arms and head inside the bus at all times.
• Do not stand up to get off the bus until it has completely stopped.
• Only get off the bus at your assigned spot.

Walking Safety Tips

• Children should only walk to school alone if they are old enough and ready to make the walk safely.
• Children are not ready to walk to school without an adult until they are at least 10 years old.
• Younger kids cannot be trusted to make smart traffic choices on their own.
• Plan and practice a safe walking route with your child until she knows it well.
• Use streets with sidewalks, crosswalks and crossing guards. Avoid as many intersections as possible.
• Have children walk with a friend or in a group.
• Talk to your child about what to do if they are approached by a stranger.

Safety Tips for Drivers

• Drivers should be aware of children walking to school or to the bus stop. Everyone can follow a few safety tips to help kids get to school safely.
• When backing out of the driveway, watch for children walking to school or to a bus stop.
• On streets without crossing guards, watch out for children trying to cross the street.
• Be careful on streets without sidewalks or streets with on-street parking. It might be hard to notice a child behind a car.
• Be alert. Children may dart into the street without looking.
• Slow down.

Obey school bus laws. In Ohio, all drivers must stop at least 10 feet from a bus that is picking up or dropping off kids.

Stryker has recalled 2 modular-neck stem hip implant components – the Rejuvenate and the ABG II. The reason is that there are “potential risks associated with fretting and corrosion at the modular neck junction.”  The fretting and corrosion may result in adverse tissue reactions. The implants are not metal-on-metal hips, such as the  DePuy ASR, where both the acetabular cup and femoral ball are made of metal. With metal-on-metal hips, the debris caused by the friction between the metal can lead to adverse tissue reactions around the implant. The recall was triggered by more than 60 adverse events filed with the FDA’s MAUDE adverse event reporting system. Common symptoms of reactions include swelling around the implant site, pain in the groin, thigh, or hip, rash, and fatigue.

HELMETS INCREASE CHANCES OF SURVIVING A CRASH BY 37%

Wearing a helmet on your motorcycle is no doubt the most prudent course of action.  It can save your life. 

According to the U.S. Department of Health & Human Services, “in 2010, helmets saved over 1,500 riders’ lives, but about 700 more lives could have been saved if all riders had worn helmets. . . ‘We’ve seen that helmets reduce the likelihood of death in a motorcycle crash by about 37 percent.’  . . .  In 2010, motorcyclists who wore helmets prevented so much head injury that the total savings to the country amounted to $3 billion.” http://www.hhs.gov/news/healthbeat/2012/07/20120713a.html.

Although riding is more dangerous than driving, we still owe it to our families and friends to give ourselves the best chance at surviving a crash.  Ask a cancer patient how much they’d pay to increase their likelihood of survival by 37%.  You can increase yours for less than a $100.  What’s stopping you?

Almost everyone has cell phones and most people, including young children, put the cell phone up to their heads when talking. However, if you read the manual or instructions that come with the cell phone, you will note that the manufacturer tells you not to do so. Instead, one should use an ear piece instead. There is growing scientific concern after much scientific research (primarily international) which is ongoing that such cell phone use is or will cause brain tumors and other adverse health affects. Many believe that over time, this will be an epidemic. We strongly advise that you use an ear piece and keep the cell phone waves away from your brain.