Office Chair from Hell Finally Recalled

After years of subjecting an unsuspecting public to an office chair with “welds” that break, flipping the occupant backwards, Office Depot, the exclusive seller of the sudden ejection machine, is recalling 1.4 million units sold between 2003 and 2012. According to a release issued by the U.S. Consumer Product Safety Commission, the office supply company had received 153 reports of the seat plate weld cracking or breaking, including 25 contusions, abrasions, injuries to the head, neck and a fractured back and hip.

That hip fracture was sustained by Nancy Losey of San Antonio, Texas, who in March 2010, was sitting in a Gibson chair when it suddenly collapsed. The chair was manufactured by the Wonderful Year Furniture Company, imported by Swinton Avenue Trading Company, based in Boca Raton, Fla, and sold by Office Depot.  The seat plate underneath her chair had separated from the chair base, because of a weld failure at that juncture. Ms. Losey fell to the floor and broke her hip, requiring a hip replacement surgery.

 In October 2012, San Antonio attorney Paula Wyatt, who represented Losey in a product liability case against Swinton Avenue Trading, set this resolution into slow motion, by writing to the U.S. Consumer Product Safety Commission alerting them to Losey’s injuries, and the amazing similarities between the Gibson and the Biella Office Chair, which bore the same product registration number and same bad weld in same critical place, but had already been recalled in April 2012. At the time, the Biella only had 11 complaints, compared to 18 between 2009 and 2010, for the Gibson. But, there were fewer Biella’s out there – 307,000 units. Under that recall, the remedy was a $55 store card – the price of the chair.

 The CPSC opened an investigation, but there was no immediate action. And today there was no immediate response to our question: Why in the heck did this take so long? CPSC spokesman Scott Wolfson did say:

"CPSC produced a humorous video a few years ago to promote the use of SaferProducts.gov and it involved a man falling off of an office chair.  The video was based on actual incidents and today's recall of a related hazard with office chairs is another example of the importance of reporting safety incidents via SaferProducts.gov."

The Safety Record Blog gave Wyatt an assist by writing about this evil piece of furniture (see Office Depot Declines to Launch Recall for a Chair that Launches Occupants Backwards and CPSC Investigates the Chair Office Depot Tried to Forget), and highlighting the frustrations of one Jesse Clackum, who blogged about her fruitless attempts to make the Swinton Avenue Trading Company take responsibility for the collapsing chair. In late 2006, Clackum, based in Florida, was one of the Gibson Leather Office Chair’s hapless victims. Her version of a Swinton Avenue Trading Company office chair, retailing at $119.00, was only 14-months old when it collapsed after the weld at the base of the chair failed. Clackum immediately contacted Office Depot looking for restitution, but the office supply retail giant blew her off, and told her that she should have bought the extended warranty.  Clackum tracked down the manufacturer – the Swinton Avenue Trading Company, an entity which turned out to be unreachable – no phone number, just a PO address.

SRS Sues Florida DOT for Guardrail Docs

Safety Research & Strategies, an automobile and product safety research and consulting firm based in Rehoboth, Mass. filed an open records lawsuit in Florida state court, alleging that the state’s Department of Transportation violated the Florida Public Records Act when it withheld documents pertaining to its relationship with guardrail manufacturer Trinity Industries pending a review by the company.

The lawsuit, filed today by Florida State Representative Matthew L. Gaetz  (R-Dist. 4) asks the Circuit Court of the Second Judicial Circuit for Leon County to compel the FDOT to release the materials SRS requested on February 10,  associated with inquiries, investigations, and communications between FDOT and Trinity regarding the design, manufacture, failure, purchase and testing of Trinity ET-Plus guardrail systems. SRS also asked for documents related to any motor vehicle accidents involving ET-Plus and consumer complaints about the safety of the system.

The Dallas, Texas-based manufacturer, a globally dominant producer and seller of guardrail systems has been under fire since 2012, when a competitor, SPIG Industries, of Bristol, Va. charged that sometime between 2002 and 2005, Trinity modified the design of its guardrail end terminals, causing it to perform poorly in crashes and injure and kill occupants in striking vehicles. These allegations have been the subject of numerous news stories abroad and in the U.S., including the Florida media.

ABC Exposes Broken Tire Safety System

Yesterday, ABC’s Nightline and Good Morning America took two issues that Safety Research & Strategies has been chipping away at for a decade, and gave them big play: the broken tire recall system and tire age. Producer Cindy Galli and investigative reporter Brian Ross, working with reporters at local ABC affiliates, bought recalled and very old tires, told victims’ stories and skewered the Rubber Manufacturer’s Association.

The stories raised a number of key issues:

• The tire recall system doesn’t work: Recalled tires aren’t always caught by retailers and there is no quick, easy or efficient way for any consumer or tire technician to check the recall status of a tire.
• Aged tires are sold and put into service unknowingly because the date code is buried in the Tire Identification Number, and expressed in a non-standard format. Tire age recommendations by vehicle and tire makers are not well known to service professionals or consumers.
• The tiremakers’ trade group, the Rubber Manufacturers Association (RMA) has conceded that the tire recall system does need improvement, but continues to maintain that tire age has no bearing on safety, and has fought off regulations to keep old tires off the road.

ABC highlighted the National Transportation Safety Board’s first tire safety investigation into a February crash that killed two and injured seven members of the First Baptist Church in New Port Richey, Florida, when a two-year-old left rear recalled BF Goodrich tire suffered a tread separation. The tire had been recalled in July 2012. The NTSB is also investigating a second fatal incident involving an aged tire. With its investigative powers and advisory role to other regulatory agencies on safety policy, the NTSB’s recommendations have the potential to be a game-changer. Will the National Highway Traffic Safety Administration listen?

Safety Research & Strategies Sues FHWA for Guardrail Documents

Safety Research & Strategies, an automobile and product safety research and consulting firm, has sued the Federal Highway Administration for the public release of documents regarding the safety of guardrail end terminals used on highways nationwide. The ET-Plus model end terminals, manufactured by the Dallas-based Trinity Industries, have been allegedly linked to deaths and severe injuries, leading state and federal highway officials to question their efficacy and safety.

The civil lawsuit, filed in U.S. District Court, alleges that the FHWA violated the Freedom of Information Act by improperly withholding records and failing to respond to two separate administrative appeals on the failure to release documents pertaining to the agency’s interactions with Trinity and with the American Association of State Highway and Transportation Officials. SRS originally sought the documents in November and January. 

Guardrail designs have evolved since the 1960s. Earlier designs used blunt ends that acted like a spear, penetrating the vehicle occupant compartment in a crash. The turned-down twist design of the 1970s buried the exposed ends, but acted like a ramp in a crash, causing vehicles to rollover. Today’s preferred design on some highways is the Energy-Absorbing End Terminal, which absorbs the crash energy, bends the end terminal away from the vehicle, and extrudes it through a slot into a flat metal ribbon. In the early 1990s, Texas A&M designed the ET-2000 in cooperation with the Texas Department of Transportation. Originally manufactured by Syro, Inc., the ET-2000, a variant of the Energy Absorbing End Terminal design, addressed some of the safety failures of earlier guardrail designs. The FHWA first approved the ET-2000 in the early 1990s, and its field performance was satisfactory.

Melton Family Charges GM with Fraud; Asks for Sanctions

The parents of Brooke Melton, who died in March 2010 crash caused by a well-known ignition switch defect, returned to a Georgia state court, charging General Motors with fraudulent concealment and perjury in the civil liability case that was settled in September. And, just for good measure, they’ve filed a sanctions motion, via their attorneys Lance Cooper and Jere Beasley for discovery abuse and spoliation of evidence.

The Melton case has unleashed a world of hurt on General Motors – an investigation by the National Highway Traffic Safety Administration, Congressional oversight, class action lawsuits and general opprobrium. The company knew for nearly a decade that a loose ignition switch in six models – including the 2005-2007 Cobalt – could move from the “Run” to “Accessory” or “Off” position, turning off the power steering, anti-lock brakes and disabling the airbags, before recalling 1.6 million vehicles in North America. At least 13 deaths have been linked to the defect. The decade-long narrative of what GM knew, when it knew it, how it responded to the problem – or not – included the revelation that one of the obstacles to pinpointing the defect was a design change to the ignition switch that GM originally blamed on the supplier, but no change in the part number – a huge No-No.

In the face of a document showing that the Cobalt's lead design engineer Ray DeGiorgio signed off on the new ignition switch without assigning a new part number, GM has since admitted that he may have lied under oath.

Markey Calls for NHTSA Transparency

Documents released Wednesday by Massachusetts Senator Edward Markey show that Wisconsin State Police came up with the same two-and-two as NHTSA’s Special Crash Investigation team during its 2007 investigation of a 2005 Chevy Cobalt crash that led to two deaths.  Too bad neither NHTSA nor GM thought they added up to four.

On October 24, 2006, Megan Ungar-Kerns, 17, was at the wheel of her 2005 Cobalt, returning from a trip to Walmart on a rural Wisconsin highway, when her vehicle suddenly drifted off the roadway at about 60 mph. The Cobalt hit a raised driveway and sailed through the air about 60 feet, before striking a telephone pole and two trees. The trio was not wearing their seatbelts and no airbags deployed. Natasha Weigel, 18, and Amy Lynn Radebaker died of their injuries. Ungar-Kerns survived with permanent injuries.

A crash investigation report issued by the Wisconsin State Police in February, noted the October 2006 GM Technical Service Bulletin about inadvertent power loss due to the ignition switch moving from the run to accessory position. They determined no other cause of the crash:

“The two front seat airbags did not deploy. It appears that the ignition switch had somehow been turned from the run position to accessory prior to the collision with the trees,” the report stated.

Markey released it and a few other documents that GM submitted to NHTSA, as part of the Death Investigation (DI), during a transportation appropriations hearing held by the Committee on Commerce, Science and Transportation. DOT Secretary Anthony Foxx was the sole witness. The report didn’t add much new to the known narrative, but spotlighted legislation he has sponsored with Connecticut Senator Richard Blumenthal requiring manufacturers to submit more detailed information to NHTSA in the event of a fatal crash.

The Early Warning Reporting System Improvement Act “would require NHTSA make the information it receives from auto manufacturers publicly available in a searchable, user-friendly format so that consumers and independent safety experts can evaluate potential safety defects themselves,” according to a Markey news release.

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