KEITH ARNOLD, Daily Reporter Staff Writer
A Franklin County appellate panel was unable to conclude that the Franklin County Municipal Court's determination in a breach of contract suit between a specialty home-cleaning service and the next of kin of a Grove City man who died in his home was against the manifest weight of the evidence in a recent decision.
"Upon our review of the record, we find no error in the trial court's determination that an enforceable contract existed between the parties," 10th District Court of Appeals Judge Patrick McGrath wrote for the 3-0 court.
The appellate court's holding overruled Nancy Buffington's claim that the trial court was mistaken to find that the contract between her and the cleaning service was enforceable and, therefore, obligated the woman to utilize the company's services per the agreed terms.
Buffington's father died in his home on Nov. 10, 2005, case summary provided. The man's body was discovered one-and-a-half to two days after his death. Approximately one week later, the personal belongings were removed from the home and it was listed for sale.
On Jan. 14, 2006, Buffington contracted for the services of Aftermath Inc., which provides biological remediation and cleanup services. According to the contract, the woman agreed to pay for cleanup services concerning an unattended death in the Grove City home.
Aftermath's complaint alleged that after the firm rendered services, appellant refused to pay the amount due under the contract. After a trial to the bench, the trial court concluded that a valid written contract existed between the parties and that the company was entitled to payment for the services rendered in accordance with the contract. The court awarded damages in the amount of $6,189.36 to Aftermath.
The panel noted Buffington signed both a site cleanup agreement and a fee agreement for non-insurance-related jobs. Additionally, the court rejected the woman's claim there existed no evidence that she understood or agreed to biological remediation of her father's home.
"... As noted by the trial court, appellant's stated failure to read the documents prior to signing them is of no consequence as it is well-established that the failure to read the terms of a contract is not a valid defense to enforcement of the contract," as in Haller v. Borror Corp. (1990), 50 Ohio St.3d 10, 14.
"Further, appellant's argument that she was 'mistaken' equally fails because 'relief for a unilateral mistake of material fact will not be provided where such mistake is the result of the negligence of the party seeking relief,'" as in Hikmet v. Turkoglu, 10th Dist. No. 08AP-1021, 2009-Ohio-6477, and Marshall v. Beach (2001), 143 Ohio App.3d 432, 437.
Fellow 10th District Judge Susan Brown and John Connor joined McGrath to form the majority.
The case is cited as Aftermath Inc. v. Buffington, 2010-Ohio-19.
Date Published: January 19, 2010
Showing posts with label bio-recovery corporation. Show all posts
Showing posts with label bio-recovery corporation. Show all posts
Wednesday, January 27, 2010
Nothing too messy for crime scene cleaners
MINOOKA, Ill. (AP) — It's meth lab season.
So they're hustling at Chicago Crime Scene Cleanup.
Although the 3-year-old company is licensed to clear away the aftermath of all kinds of things — bloody crimes and animal infestations among them — it specializes in crystal meth labs.
But if a family member commits suicide, they'll scrub everything and bill the homeowner's insurance policy. If someone is a hoarder, meaning they stash piles of anything and everything inside a home, they'll handle that, too. They can remove tear gas and fingerprint dust.
Worried about the swine flu? They can disinfect specifically for H1N1.
Based in Minooka, the business has an exclusive contract with the Drug Enforcement Administration to do meth lab-related work in Minnesota and Wisconsin. After the feds find a homemade laboratory in either state, agents call Mike Frakes and Dan Reynolds, local firefighters and Minooka residents, and ask them to scour and decontaminate.
"There seems to be two seasons for the DEA," Frakes explained. "Meth season and everything else season."
In the summertime, drug dealers who make the amphetamine often move their operations to a secluded spot somewhere outside, so a bust is less likely. In the colder months, they have to move inside, to stay warm. But cooking up a batch of meth creates a strong chemical smell, a kind of trail leads authorities to the illegal labs. So the DEA seems to find more of them in winter, Frakes said. Right now, the company gets two or three jobs a week from the DEA.
"In the summer, the marijuana growing outside is in full swing, and they concentrate on that full time," Reynolds added. At this time of year, about 60 percent of their business involves dealing with meth labs, and much of the rest is related to suicides or unattended natural deaths. That ratio flip-flops in the warmer months, Reynolds said.
About five years ago, Frakes and Reynolds were working together at a Chicago company selling trucks and heavy equipment. Reynolds was looking for a new career, so he applied for a job at a crime cleaning company but wasn't hired. While having a few beers on a Super Bowl Sunday, they decided to open their own business, and vowed to do it better than any competitor. With the approval of their wives, they headed to Dallas for training.
"There were different tricks to the trade we were taught," Frakes said. "Different levels of protective equipment to use, what types of gloves we should buy."
During one lesson, they were taken to a doublewide house trailer parked in the woods on a secluded piece of property.
"About a month prior, they had gone out and slopped pig's blood all over the trailer and all over the mattresses inside," Frakes said. "It was about 95 degrees when we went out there, and the smell we were greeted with was unlike anything I had ever experienced."
At that point, Frakes had a problem tolerating nasty smells. He's since learned to tolerate them.
They learned how to find blood that can be hidden in corners or soaked into floor joists, and how to properly dispose of a contaminated mattress.
"In a couple of hours the trailer was like new and the odor was gone," Frakes said.
And they also were schooled in the proper way to run such an unusual business.
"We learned how to maintain a business that is compliant with the Occupational Safety and Health Administration's rules. Other companies don't have to have a hazardous materials communications program," Frakes said, adding that Chicago Crime Scene Cleanup is required by law to maintain certain records for 30 years. If an employee becomes ill in 2020, the company must provide information about the types of chemicals that person used on the job and during what type of situation, for example.
But there's more to the business than a specialized knowledge of solvents and record keeping. They also had to develop a bedside manner.
"We realized this industry is about half dealing with the crime scene, and half helping the families, helping them get through a tragic time," Frakes said. During the average work day, they confront calamity at a very personal level. "That is the most gratifying part of what we do, helping them so they don't have to deal with a mess left behind," Frakes said.
During one job, a man died in a bedroom but the mattress was untouched. Disposing of a king size set costs about $1,000, Reynolds said. But in this case, a garbage man could have hauled it away safely. At the family's request, Reynolds moved the mattress to a garage.
But he later realized visiting mourners would see it. Because the family was short of cash, he decided to take it away himself and have Chicago Crime Scene Cleanup foot the bill. Although that decision cost the company money, it was the right thing to do, Reynolds said.
"When the wife found out I had made that decision, she just broke down and gave me a big hug ... She said 'thank you, thank you,'" Reynolds remembered. "She never let on that it was bothering her until I packed it up to go. That is one that will always stick with me."
So they're hustling at Chicago Crime Scene Cleanup.
Although the 3-year-old company is licensed to clear away the aftermath of all kinds of things — bloody crimes and animal infestations among them — it specializes in crystal meth labs.
But if a family member commits suicide, they'll scrub everything and bill the homeowner's insurance policy. If someone is a hoarder, meaning they stash piles of anything and everything inside a home, they'll handle that, too. They can remove tear gas and fingerprint dust.
Worried about the swine flu? They can disinfect specifically for H1N1.
Based in Minooka, the business has an exclusive contract with the Drug Enforcement Administration to do meth lab-related work in Minnesota and Wisconsin. After the feds find a homemade laboratory in either state, agents call Mike Frakes and Dan Reynolds, local firefighters and Minooka residents, and ask them to scour and decontaminate.
"There seems to be two seasons for the DEA," Frakes explained. "Meth season and everything else season."
In the summertime, drug dealers who make the amphetamine often move their operations to a secluded spot somewhere outside, so a bust is less likely. In the colder months, they have to move inside, to stay warm. But cooking up a batch of meth creates a strong chemical smell, a kind of trail leads authorities to the illegal labs. So the DEA seems to find more of them in winter, Frakes said. Right now, the company gets two or three jobs a week from the DEA.
"In the summer, the marijuana growing outside is in full swing, and they concentrate on that full time," Reynolds added. At this time of year, about 60 percent of their business involves dealing with meth labs, and much of the rest is related to suicides or unattended natural deaths. That ratio flip-flops in the warmer months, Reynolds said.
About five years ago, Frakes and Reynolds were working together at a Chicago company selling trucks and heavy equipment. Reynolds was looking for a new career, so he applied for a job at a crime cleaning company but wasn't hired. While having a few beers on a Super Bowl Sunday, they decided to open their own business, and vowed to do it better than any competitor. With the approval of their wives, they headed to Dallas for training.
"There were different tricks to the trade we were taught," Frakes said. "Different levels of protective equipment to use, what types of gloves we should buy."
During one lesson, they were taken to a doublewide house trailer parked in the woods on a secluded piece of property.
"About a month prior, they had gone out and slopped pig's blood all over the trailer and all over the mattresses inside," Frakes said. "It was about 95 degrees when we went out there, and the smell we were greeted with was unlike anything I had ever experienced."
At that point, Frakes had a problem tolerating nasty smells. He's since learned to tolerate them.
They learned how to find blood that can be hidden in corners or soaked into floor joists, and how to properly dispose of a contaminated mattress.
"In a couple of hours the trailer was like new and the odor was gone," Frakes said.
And they also were schooled in the proper way to run such an unusual business.
"We learned how to maintain a business that is compliant with the Occupational Safety and Health Administration's rules. Other companies don't have to have a hazardous materials communications program," Frakes said, adding that Chicago Crime Scene Cleanup is required by law to maintain certain records for 30 years. If an employee becomes ill in 2020, the company must provide information about the types of chemicals that person used on the job and during what type of situation, for example.
But there's more to the business than a specialized knowledge of solvents and record keeping. They also had to develop a bedside manner.
"We realized this industry is about half dealing with the crime scene, and half helping the families, helping them get through a tragic time," Frakes said. During the average work day, they confront calamity at a very personal level. "That is the most gratifying part of what we do, helping them so they don't have to deal with a mess left behind," Frakes said.
During one job, a man died in a bedroom but the mattress was untouched. Disposing of a king size set costs about $1,000, Reynolds said. But in this case, a garbage man could have hauled it away safely. At the family's request, Reynolds moved the mattress to a garage.
But he later realized visiting mourners would see it. Because the family was short of cash, he decided to take it away himself and have Chicago Crime Scene Cleanup foot the bill. Although that decision cost the company money, it was the right thing to do, Reynolds said.
"When the wife found out I had made that decision, she just broke down and gave me a big hug ... She said 'thank you, thank you,'" Reynolds remembered. "She never let on that it was bothering her until I packed it up to go. That is one that will always stick with me."
Tuesday, January 12, 2010
Teen Suicide Risk Factors: Parents Are Too Often Clueless
By Nancy Shute
Suicide is the third leading cause of death among teenagers, and it's a tragedy that can be prevented. Given that almost 15 percent of high school students say they've seriously considered suicide in the past year, parents and friends need to know how to recognize when a teenager is in trouble and how to help.
Parents can be clueless when it comes to recognizing suicide risk factors, or at least more clueless than teens. In a new survey of teenagers and parents in Chicago and in the Kansas City, Kan., area, which appears online in Pediatrics, both parents and teenagers said that teen suicide was a problem, but not in their community. Alas, teen suicide is a universal problem; no area is immune.
The teenagers correctly said that drug and alcohol use was a big risk factor for suicide, with some even noting that drinking and drug use could be a form of self-medication or self-harm. By contrast, many of the parents shrugged off substance abuse as acceptable adolescent behavior. As one parent told the researchers: "Some parents smoke pot with their kids or allow their kids to drink."
Both teenagers and parents said that guns should be kept away from a suicidal teen. But since parents said they didn't think they could determine when a teenager was suicidal, parents should routinely lock up firearms, the researchers suggest. That makes sense. Firearms are used in 43.1 percent of teen suicides, according to 2006 data, while suffocation or hanging accounts for 44.9 percent.
The good news: Both parents and teenagers in this small survey (66 teenagers and 30 parents) said they'd like more help learning how to know when someone is at risk of committing suicide and what to do. Schools and pediatricians should be able to help, but we can all become better educated through reliable resources on the Web. These authoritative sites list typical signs of suicide risk, and they also provide questions a parent or a friend can ask a teenager to find out if he is considering killing himself. Here are good places to start:
The American Academy of Child and Adolescent Psychiatry lists signs and symptoms of suicidal thinking, such as saying things like "I won't be a problem for you much longer."
The American Academy of Pediatrics urges parents to ask the child directly about suicide. "Getting the word out in the open may help your teenager think someone has heard his cries for help."
The National Suicide Prevention Lifeline provides free advice to someone considering suicide, as well as to friends and relatives, at 800-273-TALK.
The National Alliance on Mental Illness's teenage suicide page makes the point that talking with someone about suicide will not "give them the idea." "Bringing up the question of suicide and discussing it without showing shock or disapproval is one of the most helpful things you can do," the NAMI site says. "This openness shows that you are taking the individual seriously and responding to the severity of his or her distress."
Suicide is the third leading cause of death among teenagers, and it's a tragedy that can be prevented. Given that almost 15 percent of high school students say they've seriously considered suicide in the past year, parents and friends need to know how to recognize when a teenager is in trouble and how to help.
Parents can be clueless when it comes to recognizing suicide risk factors, or at least more clueless than teens. In a new survey of teenagers and parents in Chicago and in the Kansas City, Kan., area, which appears online in Pediatrics, both parents and teenagers said that teen suicide was a problem, but not in their community. Alas, teen suicide is a universal problem; no area is immune.
The teenagers correctly said that drug and alcohol use was a big risk factor for suicide, with some even noting that drinking and drug use could be a form of self-medication or self-harm. By contrast, many of the parents shrugged off substance abuse as acceptable adolescent behavior. As one parent told the researchers: "Some parents smoke pot with their kids or allow their kids to drink."
Both teenagers and parents said that guns should be kept away from a suicidal teen. But since parents said they didn't think they could determine when a teenager was suicidal, parents should routinely lock up firearms, the researchers suggest. That makes sense. Firearms are used in 43.1 percent of teen suicides, according to 2006 data, while suffocation or hanging accounts for 44.9 percent.
The good news: Both parents and teenagers in this small survey (66 teenagers and 30 parents) said they'd like more help learning how to know when someone is at risk of committing suicide and what to do. Schools and pediatricians should be able to help, but we can all become better educated through reliable resources on the Web. These authoritative sites list typical signs of suicide risk, and they also provide questions a parent or a friend can ask a teenager to find out if he is considering killing himself. Here are good places to start:
The American Academy of Child and Adolescent Psychiatry lists signs and symptoms of suicidal thinking, such as saying things like "I won't be a problem for you much longer."
The American Academy of Pediatrics urges parents to ask the child directly about suicide. "Getting the word out in the open may help your teenager think someone has heard his cries for help."
The National Suicide Prevention Lifeline provides free advice to someone considering suicide, as well as to friends and relatives, at 800-273-TALK.
The National Alliance on Mental Illness's teenage suicide page makes the point that talking with someone about suicide will not "give them the idea." "Bringing up the question of suicide and discussing it without showing shock or disapproval is one of the most helpful things you can do," the NAMI site says. "This openness shows that you are taking the individual seriously and responding to the severity of his or her distress."
Monday, April 6, 2009
Cleanup completed at Civic Association
April 5, 2009
Cleanup has been completed at the American Civic Association building in Binghamton, where a gunman killed 13 people and injured four before taking his own life Friday.
The American Bio-Recovery Association, a non-profit international association of crime and trauma scene professionals, said Sunday that the bio-recovery cleaning was complete. The Ipswich, Mass.-based group provided the service at no cost.
Two member companies, Disaster Clean Up of Endwell and the Bio-Recovery Corporation of New York City, donated labor and supplies to remediate the scene with a crew of six technicians.
Sunday, April 5, 2009
Bio-Recovery Corporation Aids In Binghamton Crime Scene Cleanup
PRESS RELEASE
April 5th 2009
Bio-Recovery Corporation of New York City and Diaster Scene Cleanup of Endwell, NY responded to the American Civic Association on April 5th 2009 at the request of the American Bio-Recovery Association to aid the American Civic Association and the entire Binghamton community with the cleanup of the crime scene left in the aftermath of Fridays multiple homicide, suicide at their offices located at 131 Front St Binghamton, NY.
At the request of Dale Cillian, President of the non profit American Bio-Recovery Association (ABRA), the two named companies above provided all the labor and equipment to complete this cleanup in one day at no cost to the American Civic Association. "I couldn't have done this without you guys," stated Andrew Baranoski, Executive Director of the non-profit American Civic Association.
The American Bio Recovery Association, an international association of Crime & Trauma Scene Cleanup professionals strives to make these services available to all that require it throughout the United States.
April 5th 2009
Bio-Recovery Corporation of New York City and Diaster Scene Cleanup of Endwell, NY responded to the American Civic Association on April 5th 2009 at the request of the American Bio-Recovery Association to aid the American Civic Association and the entire Binghamton community with the cleanup of the crime scene left in the aftermath of Fridays multiple homicide, suicide at their offices located at 131 Front St Binghamton, NY.
At the request of Dale Cillian, President of the non profit American Bio-Recovery Association (ABRA), the two named companies above provided all the labor and equipment to complete this cleanup in one day at no cost to the American Civic Association. "I couldn't have done this without you guys," stated Andrew Baranoski, Executive Director of the non-profit American Civic Association.
The American Bio Recovery Association, an international association of Crime & Trauma Scene Cleanup professionals strives to make these services available to all that require it throughout the United States.
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