Injured by the seatbelt??

[callaway75]

BEAUMONT, Texas-- Firefighter Herman Barber says having to buckle up has done him more harm than good.

He claims the "strain" of repeatedly putting on his seatbelt has caused him physical impairment, mental anguish and the loss of enjoyment of life.

Barber and his wife Sueleeka filed a personal injury lawsuit against the Daimler Chrysler Corp., Cerbus Capital Management and the city of Beaumont, alleging a seatbelt defect in the 1996 Dodge Ram that Barber was assigned to drive led to his injury.

Attorney Kip Lamb filed the suit on the Barbers behalf with the Jefferson County District Court on July 20.

According to the plaintiffs' original petition, during Barber's employment with the city as a firefighter, he was assigned to drive a 1996 Dodge Ram 1500 V8 Magnum Pick-up Truck as part of his duties.

"As a result of Barber's frequent use of this vehicle and his use of the seat belt in the vehicle, he was injured by unknowingly and repeatedly straining to grip the seat belt and buckle each time he drove," the suit said. "The design and placement of the seatbelt was defective, which required the occupant to overreach, resulting in injury. Ultimately, this repeated act has caused damage to Barber's left shoulder."

The suit goes on to say Barber sustained debilitating injuries to his left shoulder and body and has been required to undergo significant medical treatment because of the truck's defect.

He and his wife are suing for past and future medical costs, pain and suffering, impairment, mental anguish and loss of enjoyment of life.

Republished with permission of The Southeast Texas Record.



What's next, an SOG on how to properly buckle up without hurting yourself.:confused:

[FlyingKiwi]

No comment. Nope, none at all.

Just walking away shaking my head in wonder.

[SapphyreBlues]

Here's a question for all you FFs... knowing how hard y'all work, if this guy is "straining" himself just buckling up, how's he doing his job :confused: Those hoses don't look feather light. And I'm sure with that amount of water + the pressure it causes takes a bit of handling to keep it under control at a fire. Not to mention wearing all the SCBA gear, and turnouts, which don't look like the lightest either.

And not to sound mean, but how big is that guy to where he has to strain to get the seatbelt around himself anyways?

[st42stephenAFT]

Wow, just wow......

No comment. Nope, none at all.

Just walking away shaking my head in wonder.

Yea, basically that....

[CaptainGonzo]

BEAUMONT, Texas-- Firefighter Herman Barber says having to buckle up has done him more harm than good.

He claims the "strain" of repeatedly putting on his seatbelt has caused him physical impairment, mental anguish and the loss of enjoyment of life.

Barber and his wife Sueleeka filed a personal injury lawsuit against the Daimler Chrysler Corp., Cerbus Capital Management and the city of Beaumont, alleging a seatbelt defect in the 1996 Dodge Ram that Barber was assigned to drive led to his injury.

Attorney Kip Lamb filed the suit on the Barbers behalf with the Jefferson County District Court on July 20.

According to the plaintiffs' original petition, during Barber's employment with the city as a firefighter, he was assigned to drive a 1996 Dodge Ram 1500 V8 Magnum Pick-up Truck as part of his duties.

"As a result of Barber's frequent use of this vehicle and his use of the seat belt in the vehicle, he was injured by unknowingly and repeatedly straining to grip the seat belt and buckle each time he drove," the suit said. "The design and placement of the seatbelt was defective, which required the occupant to overreach, resulting in injury. Ultimately, this repeated act has caused damage to Barber's left shoulder."

The suit goes on to say Barber sustained debilitating injuries to his left shoulder and body and has been required to undergo significant medical treatment because of the truck's defect.

He and his wife are suing for past and future medical costs, pain and suffering, impairment, mental anguish and loss of enjoyment of life.

Republished with permission of The Southeast Texas Record.



What's next, an SOG on how to properly buckle up without hurting yourself.:confused:

Ummm. is he driving the British version? The reason I ask is that if his claim is true, the right shoulder would be affected from reaching for the seatbelt mounted on the B pillar... on the left hand side of the vehicle.

[Higby916]

Ummm. is he driving the British version? The reason I ask is that if his claim is true, the right shoulder would be affected from reaching for the seatbelt mounted on the B pillar... on the left hand side of the vehicle.

Good point. These lawsuits piss me off, I wonder if he would sue me because of his sore ass if we met. I would be sure to stick my boot in it. What a dork.

[DaSharkie]

Freaking scum-sucking, bottom-dwelling, self-righteous, moronic buffoon.

Sad thing is that some equally pathetic and useless ambulance chasing dirt-bag lawyer actually took this case.

Even more sad is that the insurance companies will actually settle this thing out of court instead of making this moron pay the expenses out of his own pocket for his scumbag attorney.

Insurance companies ought to pay for a decent private investigator to catch this scumbag doing ANY activities involving his shoulder.

What a maroon.

[MarcusKspn]

Does that mean that the Army guys can sue for repetitive motion injury from saluting too much?

[HotTrotter]

The solution is simple, make things optional. When you mandate something you then accept the responsibility of what happens when things go wrong.

[nmfire]

I vote we make your existence on Earth optional.

[Higby916]

The solution is simple, make things optional. When you mandate something you then accept the responsibility of what happens when things go wrong.

Like what? Seatbelt use? This guy's an idiot and looking for a fast buck, what exactly is your point?

[HotTrotter]

Like what? Seatbelt use? This guy's an idiot and looking for a fast buck, what exactly is your point?

The point is, if you require me to do something or wear a piece of clothing and I get hurt because of it, then you need to take responsibility for making me do or wear the stuff. For instance, you require me to wear tennis shoes on the job and I hurt my foot because I’m wearing tennis shoes, you are now responsible.

[CaptainGonzo]

The point is, if you require me to do something or wear a piece of clothing and I get hurt because of it, then you need to take responsibility for making me do or wear the stuff. For instance, you require me to wear tennis shoes on the job and I hurt my foot because I’m wearing tennis shoes, you are now responsible.

http://i29.photobucket.com/albums/c277/DaGonz/bs-meter.gifhttp://i29.photobucket.com/albums/c277/DaGonz/bs-meter.gif

This forum requires that one should engage their brain before posting. If you are made to look like an idiot, is Firehouse.com responsible for allowing you to post drivel? :rolleyes: :rolleyes: :rolleyes:

[frenchfireball]

http://i29.photobucket.com/albums/c277/DaGonz/bs-meter.gifhttp://i29.photobucket.com/albums/c277/DaGonz/bs-meter.gif

This forum requires that one should engage their brain before posting. If you are made to look like an idiot, is Firehouse.com responsible for allowing you to post drivel? :rolleyes: :rolleyes: :rolleyes:

lmao,well said,great post.

[voyager9]

I don't know how this guy can stand the "strain" of getting up in the morning. What a a$$.

He *might* have a point if his repetitive strain injury were caused by something specific to his work environment for example if it was a custom cab where the seatbelts are in goofy positions. In this case its just a Dodge Ram and the seat belt design is mandated by Federal motor vehicle safety standards (http://www.nhtsa.dot.gov/cars/rules/import/FMVSS/index.html#SN209).

And HT: your example has nothing to do with this case. This is not a case of an employee getting injured as a result of work conditions/requirements. He was assigned to drive a pickup truck. While department SOG *may* require him to wear a seatbelt so does State and Federal law. This law covers him while in any vehicle, whether working or POV. From a workman's comp perspective there is no way to prove that this injury resulted from his work vehicle and not POV.

[quint1officer]

What a check chaser!! I had a 96 ram, probably exactly like this one, probably one of how many hundreds of thousands they made. Is my shoulder damaged? This ranks with the judge who sued over his lost pants. Scumbags like this are what are ruining this country with their abusive lawsuits.

[callaway75]

The solution is simple, make things optional. When you mandate something you then accept the responsibility of what happens when things go wrong.

How very predictable you are Trots. While reading this article last night, I was laughing to myself with you in mind and wondering what silly position you would take here. Thanks for the laugh!!:rolleyes:

[hwoods]

Sudden Thought # 286,980,675,453.05:

Trott's idea might have merit. If NOT wearing the seat belt was optional, and the guy declined to use it, and he was ejected during a crash, the liability would lie with him. The FD, Chief, Dodge, and everyone else would be off the hook...........:p :p

[mvfd27]

Sudden Thought # 286,980,675,453.05:

Trott's idea might have merit. If NOT wearing the seat belt was optional, and the guy declined to use it, and he was ejected during a crash, the liability would lie with him. The FD, Chief, Dodge, and everyone else would be off the hook...........:p :p

Perhaps....but in that case, this moron would sue because the department should have been forcing him to wear the seat belt.

His Attorney: "Obviously my client can't take care of himself and the department is responsible to make sure he doesn't hurt himself because he is an idiot.":P

[SPFDRum]

That's it trotter, I'm suing God. He made breathing mandatory and you are stealing my oxygen....

[DaSharkie]

That's it trotter, I'm suing God. He made breathing mandatory and you are stealing my oxygen....

Now THAT is funny.

Might have to wait for the Resurrection to collect though. Of course, then you won't need it.

[DaSharkie]

That's it trotter, I'm suing God. He made breathing mandatory and you are stealing my oxygen....

Now THAT is funny.

Might have to wait for the Resurrection to collect though. Of course, then you won't need it.

Hot Trotter, What is that old saying? Something like.....better to keep your mouth shut and let people think you are an idiot instead of opening it and removing all doubt.

[Higby916]

The point is, if you require me to do something or wear a piece of clothing and I get hurt because of it, then you need to take responsibility for making me do or wear the stuff. For instance, you require me to wear tennis shoes on the job and I hurt my foot because I’m wearing tennis shoes, you are now responsible.

You are an idiot. I'm sorry, maybe you are trying to simply play devil's advocate, but that is the stupidest thing I have ever heard. If I require you to wear tennis shoes, get a pair that fits! If I require you to drive a truck, then use your head and figure out how to grab a seatbelt without hurting yourself.
If you get a repetitive strain injury after watching too much porn in your basement, who are you going to sue, the computer company, the internet provider or the porn stars?

[MalahatTwo7]

Does that mean that the Army guys can sue for repetitive motion injury from saluting too much?

The whole concept is a load of bull. But I like the point that Marcus makes.... especially when in Basic Trainining. Everything that moves is considered "salutable". LOL Or try walking out of a military installation 0730-0800. You're arm is practially GLUED to your forehead. :p :eek: :D

Maybe we should try and place a class action suit for the idiots that cause us to get out of bed at all hours of the night to go play "Where's the Boo-boo Today" game.

I think my head hurts; I'm gonna call 911 and ask for an Ottawa Medic unit to come take me to the hospital because I am too lazy to get in the car and take myself there. SSSSHHEEEESSSSHHHHH :rolleyes:

[McKeesportJeff]

Ummm. is he driving the British version? The reason I ask is that if his claim is true, the right shoulder would be affected from reaching for the seatbelt mounted on the B pillar... on the left hand side of the vehicle.


Perhaps while sitting in the drivers seat he reaches back with his left hand to initially pull the belt then reaches across with the right hand to take the belt from the left hand and continue to click it into place. :D

None the less this lawsuit is ridiculous and this guy should be ashamed to show his face in public. What a scammer!

[voyager9]

Perhaps while sitting in the drivers seat he reaches back with his left hand to initially pull the belt then reaches across with the right hand to take the belt from the left hand and continue to click it into place. :D

None the less this lawsuit is ridiculous and this guy should be ashamed to show his face in public. What a scammer!

Maybe he wanted two seatbelts (to go with his extra hoods). He was reaching with his right to connect the seatbelt to his left. He was also reaching with his left, across the passenger seat, to the seatbelt on his right. No wonder he had a repetitive strain, he looked like a Cats Cradle trying to drive.

[McKeesportJeff]

Kinda like a 4 point harness! I like it!

[Bones42]

He's the only person to drive that type of vehicle and have this injury? In all the country? No one else that drives that type of vehicle has received this injury?

He's a clown. He'd be laughed off my department.

[BLSboy]

I vote we make your existence on Earth optional.

X2!!
Well said

[HotTrotter]

You are an idiot. I'm sorry, maybe you are trying to simply play devil's advocate, but that is the stupidest thing I have ever heard. If I require you to wear tennis shoes, get a pair that fits! If I require you to drive a truck, then use your head and figure out how to grab a seatbelt without hurting yourself.
If you get a repetitive strain injury after watching too much porn in your basement, who are you going to sue, the computer company, the internet provider or the porn stars?

Excellent point, many people are forced to type on sub-standard workstations and they get compensated all the time.

[Higby916]

Excellent point, many people are forced to type on sub-standard workstations and they get compensated all the time.

Yeah, that's what I meant. :rolleyes: And no, they are not compensated all the time, they have to use their benefits that they pay for to seek treatment, or pay out of their own pocket.

Hmmm, I need to re-do my back deck, I wonder who I can sue!

[doughesson]

The whole concept is a load of bull. But I like the point that Marcus makes.... especially when in Basic Trainining. Everything that moves is considered "salutable". LOL Or try walking out of a military installation 0730-0800. You're arm is practially GLUED to your forehead. :p :eek: :D


Or from 1600-1700.One time when Great Lakes Naval Training Center(dear old Great Mistakes)got a new CO,he decided that officers were to be saluted even while driving their vehicles.
This wasn't a one time idea that came up but the solution turned out to be a formation of sailors marching to or from chow,the barracks to class,etc suddenly breaking ranks and forming a single file line as Captain Smith drove down the road to the main gate and saluting as ordered.
Every body on the base got into the act and soon after he was seen to take his cover off,throw it in disgust into the shotgun seat.The next day,a new order was added to the Plan of day where the order to salute officers in motor vehicles was rescinded.

[RyanEMVFD]

Condoms are optional. Guess that explains all the idiots.

[BLSboy]

Condoms are optional. Guess that explains all the idiots.

Hey!!
I resemble that remark!:mad:
:rolleyes: :p

[HotTrotter]

Yeah, that's what I meant. :rolleyes: And no, they are not compensated all the time, they have to use their benefits that they pay for to seek treatment, or pay out of their own pocket.

Hmmm, I need to re-do my back deck, I wonder who I can sue!

Perhaps in your state. Here, they are compensated. The employers pay for any work related injuries. It's called workmens compensation. And typically, people also get a settlement check for the long term disability.

[Higby916]

Perhaps in your state. Here, they are compensated. The employers pay for any work related injuries. It's called workmens compensation. And typically, people also get a settlement check for the long term disability.

A wprkplace injury sure, an inability to properly put on a seatbelt? Really? You had made reference basically to carpal tunnel syndrome, you will not be compensated for that in most places and yes, will have to cough it up yourself.
I simply think your attempt at devil's advocate was a weak one and your reasoning was poor. Back to the original issue, this man also has another lawsuit pending from 2006 that has yet to be settled; guess the cash just wasn't coming in quickly enough.

[ThNozzleman]

Kinda like a 4 point harness! I like it!
But 4 point harnesses aren't seat belts....just ask Trotter. :rolleyes:

[HotTrotter]

A wprkplace injury sure, an inability to properly put on a seatbelt? Really? You had made reference basically to carpal tunnel syndrome, you will not be compensated for that in most places and yes, will have to cough it up yourself.
I simply think your attempt at devil's advocate was a weak one and your reasoning was poor. Back to the original issue, this man also has another lawsuit pending from 2006 that has yet to be settled; guess the cash just wasn't coming in quickly enough.

And that is what this fellow is claiming, a workplace injury. His employer required him to use the seat belt, if this action caused him injury then the employer is liable. Had the employer recommended the use and not mandated the use then there would be no lawsuit.

Realize, I don't agree with all of these lawsuits, but it is the American way. No one is responsible for their own actions anymore. :(

I also know of people who have had these types of "repetitive injuries". They get the surgery and that gets paid for, they then get a settlement check from workmens comp, usually without even asking for it.

[Higby916]

And that is what this fellow is claiming, a workplace injury. His employer required him to use the seat belt, if this action caused him injury then the employer is liable. Had the employer recommended the use and not mandated the use then there would be no lawsuit.

Realize, I don't agree with all of these lawsuits, but it is the American way. No one is responsible for their own actions anymore. :(

I also know of people who have had these types of "repetitive injuries". They get the surgery and that gets paid for, they then get a settlement check from workmens comp, usually without even asking for it.

And how on earth does that make it right. Just because companies are too lazy to work on a claim and hand out money to bogus claims? Does this not make the legitimate claims harder to prove? I know here insurance companies have to be convinced.

As for being required to wear the seatbelt, it's required by law? Should he sue the lawmakers? The American Way? That's a pretty sad statement.

[HotTrotter]

And how on earth does that make it right. Just because companies are too lazy to work on a claim and hand out money to bogus claims? Does this not make the legitimate claims harder to prove? I know here insurance companies have to be convinced.

As for being required to wear the seatbelt, it's required by law? Should he sue the lawmakers? The American Way? That's a pretty sad statement.

Insurance companies are among the biggest crooks in this nation, I know this because I have had two claims in the last 6 months. One for a fire, one for theft. In both cases they put the screws to me. Hence, I'm looking for new insurance, those scumbags will never recover their money from me!!!

You bring up an interesting point. Since the state mandates that you must wear the seatbelt they would also would hold some responsibility. However, in NY, there are medical exceptions, so it would be hard to hold the state liable. If any organization or governmental body requires me to do something and I become injured because of that mandate, then yes, they should be held liable. Wouldn't it be nice to hold lawmakers accountable for their actions :).

By the way, seat belts aren't the American way. Seat belts, helmets, and all this other alleged safety garbage that is mandated by our oppressive government is un-American. What ever happened to personal freedoms. If I choose to do things that will hurt me that is my choice, that is the American way.

[Higby916]

Trotter, you made the comment about the American Way; suing everyone. I was not commenting on the American Way in any way, I was making fun of your choice of words. No, if it is the law to do something, such as wear a seatbelt, the liability does not lie with the organization, it lies with the individual. It is up to the individual to wear the seatbelt, if this individual does not wear it, they can/will be charged under the Highway Traffic Act. The organization requires their employees to wear it because it is the law, not because it is a requirement of the job. The requirement of the job was to drive the truck in any case... the seatbelt is an extension of the vehicle/requirement.

I'm getting dizzy, can we run around this circle in the other direction now?

[FlyingKiwi]

I can help with that, all I have to do is flush it and the BS spins the other way. :D

[DaSharkie]

By the way, seat belts aren't the American way. Seat belts, helmets, and all this other alleged safety garbage that is mandated by our oppressive government is un-American. What ever happened to personal freedoms. If I choose to do things that will hurt me that is my choice, that is the American way.

The only circumstance I say that these items should not be optional is with minors. These children do not know enough to make the decision with its repurcussions.

However, when the public coffers have to pay for your rehab from your wreck, politicians think that it is their responsibility to increase their control over people.

[Higby916]

I can help with that, all I have to do is flush it and the BS spins the other way. :D

lol... perfect, thanks bud! :)

[CaptainGonzo]

However, when the public coffers have to pay for your rehab from your wreck, politicians think that it is their responsibility to increase their control over people.

Trotts' total idiiotic belief about this mtter is another reeaon that the cost of health insurance is spiraling upwards... and if the people do not have insurance, then it comes out of the public coffers... funded by tax dollars.. the same tax dollars Trotts complains about having to pay.

[HotTrotter]

Trotts' total idiiotic belief about this mtter is another reeaon that the cost of health insurance is spiraling upwards... and if the people do not have insurance, then it comes out of the public coffers... funded by tax dollars.. the same tax dollars Trotts complains about having to pay.

Sorry, the reason your health care is spiraling out of control is the insurance companies and the lawyers. Because of these folks health care professionals need to carry very costly insurance. They then order all kinds of test. These things drive up the cost dramatically. People seem to forget that health care is not an exact science, it's a guessing game at best.

But back on topic. If I am forced to perform some action or wear some device and that action or device injuries me then someone need to take the responsibility for their decision. If I choose to do something or wear some apparatus and I get hurt because of it then it is my fault and I must deal with it.

[MalahatTwo7]

Or from 1600-1700.One time when Great Lakes Naval Training Center(dear old Great Mistakes)got a new CO,he decided that officers were to be saluted even while driving their vehicles.
This wasn't a one time idea that came up but the solution turned out to be a formation of sailors marching to or from chow,the barracks to class,etc suddenly breaking ranks and forming a single file line as Captain Smith drove down the road to the main gate and saluting as ordered.
Every body on the base got into the act and soon after he was seen to take his cover off,throw it in disgust into the shotgun seat.The next day,a new order was added to the Plan of day where the order to salute officers in motor vehicles was rescinded.

Doug, on some army bases we still do that. I always thought it was the dumbest thing on the planet, but hey... I was just a private at the time. :) However, they have amended it to read, "Flag" Officers, whist the penent is being displayed. Sadly though, on all my time in HMC Dockyard, Esquimalt, I only saluted the Admiral twice - although apparently his car (and him) passed me several times, and I failed to acknowledge Him. It seems that sailors, soldiers and airmen REALLY ARE supposed to have eyes in the back of their heads, because each time he passes me it was in the same direction of travel I was going.... still haven't quite figured that one out yet - how to salute on the march, when the officer in question approaches from behind. I only know that I got "jacked up" by a Chief Bosn a few times for not saluting. Naturally I did not argue with the good Chief about it. :D

[HotTrotter]

Or from 1600-1700.One time when Great Lakes Naval Training Center(dear old Great Mistakes)got a new CO,he decided that officers were to be saluted even while driving their vehicles.
This wasn't a one time idea that came up but the solution turned out to be a formation of sailors marching to or from chow,the barracks to class,etc suddenly breaking ranks and forming a single file line as Captain Smith drove down the road to the main gate and saluting as ordered.
Every body on the base got into the act and soon after he was seen to take his cover off,throw it in disgust into the shotgun seat.The next day,a new order was added to the Plan of day where the order to salute officers in motor vehicles was rescinded.

Back in my Army days I did some gate guard duty. In fact, we were required to salute any officer that came through. There was also a time when we were on alert, in other words, in a tactical deployment situation. I was a passenger in a deuce and a half. I looked out the window and saw the first sergeant and the CO. I didn't salute. The first sergeant reamed me out good later.

[snowball]

Back in my Army days I did some gate guard duty. The first sergeant reamed me out good later.

Don't ask don't tell!!

[HotTrotter]

Don't ask don't tell!!

You must be a politician. You take two totally unrelated sentences an put them together to give different meaning that what was said. :(

[CaptainGonzo]

Sorry, the reason your health care is spiraling out of control is the insurance companies and the lawyers. Because of these folks health care professionals need to carry very costly insurance. They then order all kinds of test. These things drive up the cost dramatically. People seem to forget that health care is not an exact science, it's a guessing game at best.

When someone comes in from a MVA and they were not seatbelted, then the tests (X rays. MRI's CAT scans, etc.) have to be run to determine the nature of the injury.

[snowball]

You must be unrelated :(

Thank God for that!!:cool:

[SamuelFire]

HT-It wasn't the wearing of the seatbelt that caused the injury. It was your mental twin's inability to properly fasten his seatbelt.