Construction worker trapped in trench dies

A construction worker who was trapped in a trench while working on a broken water main has died, police said Tuesday. According to Grosse Ile Township police, James Farrell, 56, died at 6:46 p.m. Monday. Farrell was working in a roadside trench near Bridge and Meridian when the walls caved in. Authorities estimated he was submerged under mud and clay for about 15 minutes before rescuers freed him.

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Salmonella outbreak from Michigan meat spreads to 5 states

Federal health officials say at least 16 people across five states have been hit with a salmonella strain linked to tainted meat produced in the Metro Detroit area.

The latest tally from the U.S. Centers for Disease Control and Prevention shows nine cases of Salmonella Typhimurium in Michigan, three in Wisconsin, two in Illinois and one case in both Arizona and Iowa.

Tainted meat has been traced to Jouni Meats Inc. in Sterling Heights and Gab Halal Foods in Troy. On Thursday, Jouni Meats recalled 500 pounds of beef products. The following day, Gab Halal Foods recalled 550 pounds.

According to the CDC, about half of those who have contracted salmonella have been hospitalized. No deaths have been reported.

Six of the Michigan cases have been linked to food served at a Macomb County restaurant. Salmonella's symptoms include diarrhea, fever, and abdominal cramps developing 12 to 72 hours after infection.

The illness typically runs its course within a week. In the most acute cases, symptoms become severe enough to require hospitalization,

By Jim Lynch
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New norovirus strain causing most norovirus outbreaks in United States

Not yet known if strain will cause more outbreaks than previous years
A new strain of norovirus called GII.4 Sydney was the leading cause of norovirus outbreaks in the United States from September to December 2012, according to a study published in Morbidity and Mortality Weekly Report released today by the Centers for Disease Control and Prevention. The new strain was detected in Australia in March 2012, and caused outbreaks in that country and several other countries.

From the CDC

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FDA Safety Communication: Metal-on-Metal Hip Implants

Date Issued: Jan. 17, 2013

Audience:

• Orthopaedic surgeons
• Health care providers responsible for the ongoing care of patients with metal-on-metal hip implants
• Patients who are considering or have received a metal-on-metal hip implant

Medical Specialties: Orthopaedics, General Medicine, Family Practice, Radiology, Radiologic Technology, Clinical Laboratory Managers and Directors

Device:
Metal-on-metal hip implants consist of a ball, stem and shell, all made from cobalt-chromium-molybdenum alloys. 

There are two types of metal-on-metal hip implants:

• Traditional total hip replacement systems
• Resurfacing hip systems

Purpose: In February 2011, the FDA launched a metal-on-metal hip implant webpage. The FDA is providing updated safety information and recommendations to patients and health care providers.  This new information is based on the FDA’s current assessment of metal-on-metal hip implants, including the benefits and risks, the evaluation of the published literature, and the results of the June 2012 Orthopaedic and Rehabilitation Devices Advisory Panel meeting. 

Read the entire release here

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Alabama Court Rules Man Taking Generic Drug Can Sue Name Brand Manufacturer

By Candelaria US Recall News / January 17, 2013

Since the US Supreme Court decision in Pliva v. Mensing barred most lawsuits against generic drug manufacturers, it seemed that people injured by generic drugs that lacked adequate labeling may have no right to compensation. On Friday January 11, though, the Alabama Supreme Court proposed a logical solution to the problem: people injured by generic drugs can sue the name brand manufacturer who is responsible for the inadequate label.

Who Can You Sue for Drug Injuries?

Two recent US Supreme Court decisions have clarified the rules for bringing defective product lawsuits against drug manufacturers. The 2008 decision in Wyeth v. Levine stated that name brand drug manufacturers alone bore responsibility for the adequacy of their labeling. Although Wyeth had claimed that it could not change its labeling without the approval of the FDA, the Court noted that the Changes Being Effected (CBE) rule allowed manufacturers to change their labels first and ask for approval afterward. This made it the manufacturers’ responsibility to ensure that the public was informed of potential risks as soon as they became known.

Then in 2011, the Court revisited the issue with its decision in Pliva v. Mensing. In this decision, the Court decided that generic drug manufacturers could not be sued for failure to warn or similar inadequate labeling claims because the law required that generic drug labels must exactly match the label for the name-brand drug. Therefore generic drug manufacturers did not have the power to warn the public about new risks. This apparently made generic drug manufacturers nearly immune to failure to warn lawsuits and left people injured by generic drugs without a legal option for compensation.

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Georgia Firm Recalls Gluten-Free Chicken Nuggets Due To Misbranding And Undeclared Wheat

By The USDA / January 20, 2013

King’s Delight, a Gainesville, Ga. establishment, is recalling approximately 1,572 pounds of frozen chicken nuggets labeled as gluten-free because they contain wheat, a known allergen that is not declared on the label, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

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Ex-Detroit teacher sues, claiming racial discrimination

A former Detroit Public Schools teacher is suing the district in federal court, claiming she was discriminated against due to her race.

Evelyn Lossia, a white special education teacher who joined DPS in 2004, "was subjected to harassment, discrimination and an overtly hostile work environment based upon her race," according to the lawsuit filed Tuesday in U.S. District Court.

Lossia earlier had filed a separate lawsuit against DPS as well as several of its administrators and employees, the suit said. But that "unfortunately did not end the harassment, discrimination and retaliation but, rather, resulted in further acts of discrimination and retaliation."

Last year, Lossia was laid off. But although other teachers were asked back, and she had more seniority, Lossia learned she had been terminated, the suit said.

By Mark Hicks
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American Signature Recalls Hayward Push Back Chairs Due to Fall Hazard; Sold Exclusively at Value City Furniture and American Signature Furniture Stores

The following product safety recall was voluntarily conducted by the firm in cooperation with the CPSC. Consumers should stop using the product immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Reclining Chair

Units: About 2,158

Importer: American Signature Inc., of Columbus, Ohio

Hazard: The chair can tip over backwards when used in its fully reclined position, posing a fall hazard to consumers.

U.S. Consumer Product Safety Commission

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Target Recalls Hand-Held Air Misters Due to Injury Hazard

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Air Mister

Units: About 168,000

Importer: Target Corp., of Minneapolis, Minn.

Hazard: The Air Mister can shatter during use, posing an injury hazard.

U.S. Consumer Product Safety Commission

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Implus Footcare Recalls Perfect Fitness Resistance Bands Due To Injury Hazard; Sold Exclusively at WalMart

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Perfect Resistance Bands

Units: About 75,600

Importer: Implus Footcare, LLC, of Durham, N.C.

Manufacturer: Dalps & Leisure Products Supply Corp, No. 5, of China

Hazard: The bands can detach from the mesh cloth loops posing an injury hazard to the user and those in the vicinity.

U.S. Consumer Product Safety Commission

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Bugaboo Recalls Strollers Due to Fall and Choking Hazards

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission and Health Canada, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Bugaboo Cameleon and Bugaboo Donkey Model Strollers

Units: About 46,300 in the U.S. and 4,440 in Canada

Importer: Bugaboo Americas, of El Segundo, Calif.

Manufacturer: Bugaboo International B.V., of Amsterdam, The Netherlands

Hazard: A button on the stroller's carrycot/seat carry handle can become disengaged and cause the handle to detach, posing fall and choking hazards to young children.

NEWS from CPSC and HC

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Girl, 14, treated for dog bites

A 14-year-old Royal Oak Township girl was treated for dog bites Saturday after a pet was let loose in a park, the Oakland County Sheriff's Office said.

Deputies were dispatched to Pasadena and Wyoming on a report that a teen had been attacked and bitten by a dog while playing there, the sheriff's office said.

The mixed-breed dog was brought to the fenced-in park about 5 p.m. after being walked by two boys, ages 8 and 10, who told deputies they had been home alone all day and decided to walk the dog.

It wasn't clear whether the dog was intentionally let loose.

The girl suffered bites to her abdomen and right foot. Her parents took her to Providence Hospital, Southfield, for treatment. Her condition was not known Sunday night.

Oakland County Animal Control took possession of the dog.

The boys were turned over to their mother.

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Home Depot Recalls Homer’s All-Purpose Bucket Mug Due to Fire Hazard

By The CPSC / January 17, 2013
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Mug

Units: About 3,700

Manufacturer: Mr. Christmas Ltd., of Hong Kong

Hazard: The silver-colored simulated bucket handle below the rim can spark when used in a microwave oven, posing a fire hazard.

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Gas Fireplace Inserts Recalled by Jotul North America Due to Electrical Shock and Burn Hazards

By The CPSC / January 17, 2013
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission and Health Canada, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Jotul and Scan gas fireplace inserts

Units: About 1,200 in the United States and 50 in Canada

Manufacturer: Jotul North America, of Gorham, Maine

Hazard: The fireplace insert’s electrical wiring can come into contact with the metal rating plate on the insert, posing electrical shock and burn hazards to consumers.

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Driver in Patterson crash sued by friend

Fraser man who was passenger alleges negligence in lawsuit

Pontiac — A Fraser man's lawsuit alleges his friend was negligent in a car crash in which Oakland County Executive L. Brooks Patterson and his driver, James Cram, were both seriously injured in August.

Raymond John Recchia, who also was injured in the crash, filed a lawsuit this week in Oakland Circuit Court alleging negligence on the part of Anthony Michael Prainito, who was the driver of the Volkswagen Passat that collided with Patterson's Chrysler 300.

Recchia, 51, who was a front-seat passenger in Prainito's car, seeks a jury trial and damages to be determined in the case from Prainito and VW Credit, Inc., the title holder who leased the vehicle to Prainito.


By Mike Martindale
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City Versa Strollers Recalled by Baby Jogger Due to Fall Hazard

By The CPSC / January 17, 2013
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission and Health Canada, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Baby Jogger City Versa™ strollers

Units: About 8,400 in the United States and 2,200 in Canada

Manufacturer: Baby Jogger LLC, of Richmond, Va.

Hazard: The stroller frame can fail to lock in place and collapse while in use, posing a fall hazard to children in the stroller.

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Mattresses Recalled by Easy-Rest Due to Violation of Federal Mattress Flammability Standard

By The CPSC / January 17, 2013
WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Classic by Easy-Rest Foam Core Mattresses

Units: About 3,800

Importer: Easy-Rest Inc., of Portland, Ore.

Hazard: The mattresses fail to meet the mandatory federal open flame standard for mattresses, posing a fire hazard to consumers.

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Analyst: Livingston County judges erred on conflict

Livingston County jurists overstepped their bounds last week in preventing an attorney from representing his clients in a case about snythetic marijuana, according to one legal analyst contacted by the Daily Press & Argus to review details of the ruling, which now appears headed to the Michigan Court of Appeals.

The ruling is based on a conflict of interest that does not exist, at least at the present time, according to Troy Brown, an associate professor at the Michigan State University College of Law.

"We're entirely superseding a person's right to the attorney of their choice, and for no reason." Brown said.

Controversy has surrounded the case since November, when Livingston District Judge L. Suzanne Geddis ruled that attorney Timothy Corr could no longer represent the two women facing charges because the county prosecutor's office was preparing a plea deal for one in exchange for her testimony against the other.


Read the whole article written by
Wayne Peal, DAILY PRESS & ARGUS

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Sassy and Carter's-branded Hug N' Tug Baby Toys Recalled Due to Choking Hazard

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission and Health Canada, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Products: Sassy®-branded Hug N' Tug Puppy and Monkey and Carter's®-branded Hug N' Tug Monkey Toys

Units: About 45,300

Importer: Sassy, Inc., of Kentwood, Mich.

Hazard: The beads inside the clear plastic sphere at the center of the toys can be released and pose a choking hazard to young children.

NEWS from CPSC and HC

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LG Recalls Top-Loading Washing Machines Due to Risk of Injury

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should stop using recalled products immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Top-Loading Washing Machines

Units: About 457,000

Manufacturer: LG Electronics Inc., of South Korea

Hazard: An unbalanced load can cause the washing machine to shake excessively and the drum to come loose during use, posing a risk of injury to consumers and property damage to the surrounding area.

U.S. Consumer Product Safety Commission

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Social Security Disability & Benefits

248Lawyers new commercial on Social Security Disability & Benefits.

John Deere Recalls Gator Utility Vehicles Due to Fire Hazard

The following product safety recall was voluntarily conducted by the firm in cooperation with the CPSC. Consumers should stop using the product immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Utility Vehicles

Units: About 4,650

Manufacturer: Deere & Company of Moline, Ill.

Hazard: The fuel line can separate, posing a fire hazard.

U.S. Consumer Product Safety Commission

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Criminal charges dropped against man who injured L. Brooks Patterson in car crash

Criminal charges were dropped this morning against a Royal Oak man accused of injuring Oakland County Executive L. Brooks Patterson and his driver in an August car crash.

Instead, Anthony Prainito, 31, received a civil infraction that carries a $125 fine.

Prainito had faced three misdemeanor charges in the Aug. 10 crash that severely injured Patterson, 73, and his driver, James Cram. Prainito was scheduled to go on trial Friday, but appeared for a last minute hearing before 52nd District Court Judge Lisa Asadoorian today.

By L.L. Brasier
Detroit Free Press

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Fisher-Price Recalls to Inspect Rock 'N Play Infant Sleepers Due to Risk of Exposure to Mold

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission, in cooperation with the firm named below, today announced a voluntary recall of the following consumer product. Consumers should immediately inspect this product and stop using it if mold is found. Units currently in retail stores are not included in this recall to inspect.

Name of Product: Newborn Rock 'n Play Sleeper™

Units: About 800,000 units

Importer: Fisher-Price Inc., of East Aurora, N.Y

Hazard: Mold can develop between the removable seat cushion and the hard plastic frame of the sleeper when it remains wet/moist or is infrequently cleaned, posing a risk of exposure to mold to infants sleeping in the product. The CPSC advises that mold has been associated with respiratory illnesses and other infections. Although mold is not present at the time of purchase, mold growth can occur after use of the product.

Incidents/Injuries: Fisher-Price has received 600 reports of mold on the product. Sixteen consumers have reported that their infants have been treated for respiratory issues, coughs and hives after sleeping in the product.

Description: This recall to inspect includes all Fisher-Price Rock N' Play infant recliner seats called sleepers. The sleeper is designed for babies up to 25 pounds and is composed of a soft plastic seat held by a metal rocking frame. The product has a removable, fabric cover that is sold in 14 patterns and color palettes.

Sold at: Mass merchandise stores nationwide and online since September 2009 for between $50 and $85. Units currently in retail stores are not affected by this recall to inspect. Only products that show signs of mold after use by consumers are included in this announcement.

U.S. Consumer Product Safety Commission

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American Honda Expands Recall of FourTrax ATVs Due to Crash Hazard

The following product safety recall was voluntarily conducted by the firm in cooperation with the CPSC. Consumers should stop using the product immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: All-Terrain Vehicle (ATV)

Units: About 19,500 (about 2,900 were recalled in February 2012)

Distributor: American Honda Motor Co. Inc., of Torrance, Calif.

Hazard: A weld on the ATV’s front right and left upper suspension arms can separate, causing the driver to lose control of the vehicle, posing a crash hazard.

U.S. Consumer Product Safety Commission

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Four Retailers Agree to Stop Sale and Voluntarily Recall Nap Nanny Recliners Due to Five Infant Deaths

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) and four major retailers are announcing a voluntary recall to consumers who own Nap Nanny® recliners made by Baby Matters, LLC of Berwyn, Pa.

Retailers currently participating include Amazon.com, Buy Buy Baby, Diapers.com and Toys R Us/Babies R Us. At the request of the CPSC, these retailers have agreed to voluntarily participate because the manufacturer is unable or unwilling to participate in the recall.

CPSC is warning parents and caregivers that these baby recliners contain defects in the design, warnings and instructions, which pose a substantial risk of injury and death to infants. This recall includes the Nap Nanny Generations One and Two, and the Chill™ model infant recliners.

In July 2010, CPSC and Baby Matters, LLC issued a joint recall news release that offered a discount coupon to Generation One owners toward the purchase of a newer model Nap Nanny, and improved instructions and warnings to consumers who owned the Generation Two model of Nap Nanny recliners.

For more information and to read the whole report visit the U.S. Consumer Product Safety Commission wesite

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Bethlehem Lights Recalls Christmas Trees Sold Exclusively by QVC Due to Fire Hazard

The following product safety recall was voluntarily conducted by the firm in cooperation with the CPSC. Consumers should stop using the product immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Artificially Lit Christmas Trees

Units: About 15,500

Distributor: GKI Bethlehem Lights of Taunton, Mass.

Retailer: QVC of West Chester, Pa.

Hazard: The Christmas tree base can overheat, posing a fire hazard.

U.S. Consumer Product Safety Commission

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Arctic Cat Recalls Bearcat Snowmobiles Due to Fire Hazard

The following product safety recall was voluntarily conducted by the firm in cooperation with the CPSC. Consumers should stop using the product immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Arctic Cat Snowmobiles

Units: About 3,900

Manufacturer: Arctic Cat Inc., of Thief River Falls, Minn.

Hazard: The fuel tank can leak, posing a fire hazard.

U.S. Consumer Product Safety Commission

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Goodman Company Recalls Amana Heating and Cooling Units Due to Fire Hazard

The following product safety recall was voluntarily conducted by the firm in cooperation with the CPSC. Consumers should stop using the product immediately unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Name of Product: Amana Packaged Gas/Electric Heating and Cooling units

Units: About 155

Manufacturer: Goodman Company L.P., of Houston, Texas

Hazard: The serial plates on the units have inaccurate information that could result in installers and servicers using undersized wiring, posing a fire hazard.

U.S. Consumer Product Safety Commission

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Fired State Trooper Accused of Faking DUI Arrests

By JOHN SCHRIFFEN | Good Morning America – 16 hours ago

A class-action lawsuit has been filed against a former Utah Highway Patrol trooper and her superiors alleging that she filed false DUI charges during her career.

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Michigan reports 14th death linked to steroids

Lansing — Michigan health officials say a 14th person with ties to the state has died in a national outbreak linked to contaminated steroids.

In a news release Thursday, the state Department of Community Health announced the death of an 87-year-old woman from Washtenaw County.

MDCH says Michigan's case count associated with the Centers for Disease Control and Prevention multi-state meningitis investigation is now 233 total cases.

They include 64 meningitis cases. There also are 147 epidural abscesses, one stroke and 20 peripheral joint infections.

The conditions are linked to contaminated steroids produced by a Massachusetts pharmacy used in injections for neck or back pain.

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19 crash deaths reported over holidays in Michigan

Michigan State Police said 19 people died in traffic crashes in Michigan over the Christmas and New Year holidays this year.

More than half of the fatalities were alcohol-related and several involved motorists who weren't wearing seat belts.

Ten people died in traffic crashes over a four-day period around the New Year's holiday and nine deaths were recorded over a five-day Christmas holiday period, according to the Michigan State Police Criminal Justice Information Center.

For New Year's, half of the deaths involved alcohol; five of the nine Christmas deaths were alcohol related. For the New Year's holiday, four of the people who died were unbuckled; over Christmas, three were unbuckled.

By Mike Martindale
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