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NTSB Blames San Diego Boating Accident on Speeding, Lack of Oversight
by Matthew D. Shaffer on July 19, 2011
The National Transportation Safety Board has released its final findings after an investigation into the 2009 boating accident in the San Diego Bay that killed a young boy. According to the report, the accident was the result of excessive speeds by the Coast Guard boat involved in the accident as well as lack of oversight by the Coast Guard. T...
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Stroke Risks Increase After a Brain Injury
by Matthew D. Shaffer on August 15, 2011
From commercial fishing vessel crew members to offshore oil rig workers, all kinds of maritime workers may be at risk of head and brain injuries. These are some of the most serious injuries, and can leave a person with long lifelong consequences. A new study confirms yet another one of those long-term effects of a brain injury. The study sugg...
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Offshore Worker Medevaced from Gulf Of Mexico Platform
by Dennis M. McElwee on August 16, 2011
A worker on an offshore platform in the Gulf Of Mexico had to be airlifted after he suffered injuries in an accident. According to the Coast Guard, the man was injured on a platform located about 55 miles southwest of Marsh Island. Crewmembers contacted the Coast Guard Sector New Orleans to alert them that a man on board had suffered serious f...
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Guilty Plea in Barge Accident Case
by Matthew D. Shaffer on August 17, 2011
Tug boat pilot, Matthew Devlin, pled guilty to an involuntary manslaughter charge on Monday, August 1, 2011. Two tourists died from the accident on July 7, 2010, when a barge crashed into a duck boat that was stalled in the Delaware River. The operator did not receive notice that the duck boat was stopped in his path because he had turned his ...
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Death in Crane Accident Southeast of Galveston
by Matthew D. Shaffer on August 18, 2011
A crane collapsed while loading equipment onto a work boat, according to the Bureau of Ocean Energy Management, Regulation and Enforcement report. On Tuesday, August 16, 2011, the boom hoist cable failed, killing one worker on the site in the Gulf of Mexico. The platform, owned by Energy Resource Technology, is now the site of an investigation...
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Coast Guard Proposes New Safety Management System
by Matthew D. Shaffer on August 18, 2011
The Coast Guard published plans to implement a new inspection process for towing vessels last week. In the 76th volume of the Federal Register released on August 11, the Coast Guard posted their proposed rules. They plan to finalize the regulations in four public meetings this fall. The new system will have two options for obtaining safety ce...
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New Information on Crane Accident Death
by Matthew D. Shaffer on August 19, 2011
The man killed in an offshore crane accident on Tuesday has been identified as 20-year-old Brandon Noland. The Katy resident died at the platform where he was working that morning after a crane collapsed and hit him. The autopsy released by the medical examiner's office stated that he died of blunt-force trauma from a crushing injury. By fol...
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10 Oil Workers Missing In Gulf of Mexico
by Matthew D. Shaffer on September 10, 2011
GULF OF MEXICO — Air and sea search teams continued Saturday to hunt for 10 oil workers missing in the Gulf of Mexico after they abandoned a disabled research vessel. Five helicopters, a fixed-wing airplane and two vessels searched for the men in Mexico, said Brenda Taquino, spokesperson for Houston-based Geokinetics. Geokinetics contracted the...
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Six People Rescued after California Fishing Vessel Accident
by Matthew D. Shaffer on September 14, 2011
Six crewmembers on a fishing vessel had to be rescued after their fishing boat sank off Catalina Island last week. According to the Coast Guard, the fishing vessel, the Midnight Star, ha 6 members on board, when it sank for unknown reasons near Eagle Rock. Four fishermen were able to leave the boat in a stiff. Two of the crewmembers fell ...
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Six Oil Workers Rescued, Alive after Tropical Storm Nate
by Dennis M. McElwee on September 27, 2011
Six oil workers were rescued after they were stranded for three days post Tropical Storm Nate in the Gulf of Mexico. The seventh worker, who had been rescued, died in the hospital. Out of the ten workers who were stranded in the Gulf of Mexico, two died and their bodies have been recovered. Search efforts for a missing crewmember are still on. ...
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Maritime Industry Urges UN to Establish Anti-piracy Force
by Matthew D. Shaffer on September 28, 2011
Frustrated at the continuing growth of piracy especially in the Indian Ocean region, shipping industry groups have asked the United Nations to step in and create an armed military force. Four shipping industry associations, including the International Chamber of Shipping, InterCargo, BIMCO and INTERTANKO have written a letter to the United Nat...
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Liftboat Capsizes After Waterspouts Strike
by Dennis M. McElwee on October 06, 2011
A Hercules Offshore liftboat that was struck by several waterspouts capsized in the Gulf of Mexico off Louisiana on Friday evening. Five crewmembers aboard the Starfish vessel were evacuated and rescued at sea shortly after the capsizing. They were treated for minor injuries at hospital in Houma, Louisiana, and released. The vessel, a 140-clas...
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Two Crewmembers Killed, Passengers Evacuated after Cruise Ship Fire
by Matthew D. Shaffer on October 10, 2011
A fire on a Norwegian cruise ship led to the deaths of two crewmembers, and evacuation of passengers on board. The incident occurred last week, on the MS Nordly. The ship was sailing with 260 people on board, including crewmembers. The fire broke out in the engine room and quickly spread. Once it became clear that the fire was out of contro...
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What Is The Jones Act And Who Can Claim For Injuries Under It
by Dennis M. McElwee on October 13, 2011
Before the Merchant Marine Act of 1920, seamen were subject to ill treatment, including abuse and atrocious working conditions. They had no legal protection against their employers, and injuries, illness or death at sea were just considered occupational hazards. Part of that 1920 law, the Jones Act, changed those circumstances, giving seamen sp...
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Who can File a Claim of Unseaworthiness?
by Dennis M. McElwee on November 02, 2011
The Jones Act allows a maritime worker to file a claim against a vessel owner, if he has been injured by unsafe work conditions on a vessel. These claims are called unseaworthiness claims, and are filed only against the vessel owner, not the employer. However, in some cases, the vessel owner may be the employer of the worker, in which case, he m...
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Piracy on the Rise, but Warships Are Thwarting Attacks
by Matthew D. Shaffer on November 10, 2011
The International Chamber Of Commerce International Maritime Bureau’s latest global piracy report has both good and bad news for maritime lawyers. The bad news is that pirate attacks continued to rise this year to record levels. The good news however, is that more and more vessels are being successful in thwarting pirate attacks. According to t...
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Crewmember in UK Ferry Accident Was Distracted at Time of Accident
by Dennis M. McElwee on November 16, 2011
Distracted operation of a vessel may involve more than cell phones and texting devices as maritime lawyers often see. The captain of a British ferry that crashed into a French fishing vessel in March this year was distracted by, among other things, a discussion of the way actress Halle Berry looked like in the movie, “Catwoman.” According to an...
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New Zealand Struggles to Contain Worst Maritime Oil Spill
by Matthew D. Shaffer on November 23, 2011
Maritime attorneys and environmental groups will not quickly forget last year's Gulf of Mexico oil rig explosion and the resulting spill. In New Zealand, the government is struggling to contain that country’s biggest oil spill, resulting after a maritime accident earlier this month. The Liberia-flagged Rena ran aground on October 5 about 22 km ...
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What Is Maritime Piracy And Can You File A Claim As A Result Of It?
by Dennis M. McElwee on November 25, 2011
Maritime piracy has been a serious issue facing the global community and international industries for hundreds of years. No longer are the pirates seeking gold or treasure, though. Piracy in this decade target ships carrying oil or goods, and also crewmembers have been taken hostage. Global efforts to stem the tide of piracy have been met with ...
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What Are the Rights of Cruise Ship Crew Members and Passengers?
by Dennis M. McElwee on December 01, 2011
Both cruise ship crew members and passengers may be eligible for damages in the event of an accident or injury on a vessel. However, the laws governing compensation for crewmembers are different from those for passengers. Passengers on a cruise vessel could suffer fall accidents, or accidents in the swimming pool or other amusement facilities o...
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Increased Technology on Vessels Increases Distractions
by Dennis M. McElwee on December 08, 2011
A number of recent maritime incidents have had maritime lawyers concerned about increased access to technology on vessels, and the accident risks from this. In one incident, reported by the London P & I Club in its Stoploss Bulletin, a recent pollution-incident was caused by a duty officer's distraction. The officer was apparently trying to ma...
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Failure to Identify Gearbox Problem Led to Offshore Helicopter Crash
by Dennis M. McElwee on December 14, 2011
The Air Accident Investigations Branch has completed its investigation into an offshore helicopter crash in the North Sea in March 2009 that killed 16 people, including 14 offshore workers and 2 pilots. The report blames the accident on the failure to identify a potential problem in the gearbox just one week before the crash. According to the r...
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LHWCA Claim Rejected Due to Insufficient Evidence
by Dennis M. McElwee on December 28, 2011
A longshore worker who filed a claim under the Longshore and Harbor Workers’ Compensation Act claiming negligence has had his claim rejected due to insufficient evidence. The man, who worked for a stevedoring company, alleged that he suffered injuries when he fell from a rope ladder on a vessel. According to his claim, as he was going down the...
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Freighter Crew Member Injured off California Coast
by Matthew D. Shaffer on January 04, 2012
A crew member on a freighter had to be airlifted by a Coast Guard helicopter after he suffered injuries on the vessel last week. The vessel was located just about 50 miles off the coast of Trinidad, California. Crew members on the 700-foot MV Caribbean contacted the Coast Guard to report that one of their coworkers had been severely injured af...
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What kind of Damages are Available under DOHSA?
by Dennis M. McElwee on January 05, 2012
The Death on the High Seas Act is a set of maritime laws that provides compensation for family members of seamen killed in international waters. Under the Death on the High Seas Act (DOHSA), survivors of a seaman, who is killed at least three miles off US waters due to negligence, may be eligible for compensation. However, there are certain res...
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British Government OKs Armed Guards to Protect Ships from Pirate Attacks
by Matthew D. Shaffer on January 06, 2012
The British government has finally agreed to allow British-flagged vessels to carry armed guards to protect them from pirate attacks. Prime Minister Mr. David Cameron announced that he was allowing this measure in order to protect vessels from pirate attacks, especially off the coast of Somalia. According to the British government, no vessel th...
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Bill Would Require Stationing of Rescue Vessels within 3 Miles of Offshore Rigs
by Dennis M. McElwee on January 09, 2012
A bill introduced in the US House of Representatives would require rescue boats to be stationed within three nautical miles of offshore oil and gas drilling rigs. The measure has been sponsored by Louisiana Rep. Jeff Landry, R-New Iberia. According to him, the proposal aims to find a common sense approach to the safety problems facing the offs...
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Teen Passenger on Royal Caribbean Cruise Ship Alleges Rape by Fellow Passenger
by Matthew D. Shaffer on January 19, 2012
A 15-year-old passenger on a Royal Caribbean cruise ship has alleged that she was sexually assaulted by two fellow passengers on a cruise line this Christmas. The two male passengers, including a 20-year-old man and a 15-year-old boy, are being accused of luring the young girl to a private room, where they allegedly raped her. The incident occ...
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Crippled Cruise Liner Shifts, Prompting Environmental Concerns For Italian Coast
by Dennis M. McElwee on January 20, 2012
Rescue operations again were suspended Friday after the stricken Costa Concordia shifted in choppy seas off the Italian coast, increasing concerns about a possible fuel leak. Eleven people have been confirmed dead and at least 22 are still missing after the cruise liner struck rocks and capsized off the coast of the tiny island of Giglio. Also...
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Death Toll Rises To 16 In Italian Cruise Ship Disaster
by Dennis M. McElwee on January 24, 2012
Divers searching the Costa Concordia discovered another body Tuesday, bringing the death toll to 16 in the Italian cruise ship disaster. At least six of the recovered bodies have yet to be identified, but are presumed to include some of the 17 people still unaccounted for. The luxury liner ran aground and capsized Jan. 13 just off the tiny isla...
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Do I Need A Jones Act Lawyer?
by Matthew D. Shaffer on January 25, 2012
If you have been injured in the course of work on a vessel, you may be wondering whether you need to consult a Jones Act lawyer. The answer, in most cases, is yes. The Jones Act is a federal law that provides a different system for workers compensation for those designated as “seamen.” The complexities of this maritime law are such that, even i...
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Families of Missing Russian Oil Rig Workers Blame Company Officials for Tragedy
by Matthew D. Shaffer on February 07, 2012
The families of 39 crewmembers of the Russian oil rig which collapsed and sank off the coast of Russia last week, are coming to terms with the fact that their loved ones will never be found. Mixed with sorrow is also anger that company officials went ahead with what was possibly a suicidal towing mission. The Kolskaya oil and gas drilling platf...
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Cruise Ship Passengers Medically Evacuated After Illnesses
by Matthew D. Shaffer on February 09, 2012
Over the past week, two passengers on two separate cruise vessels had to be medically evacuated after they fell ill. In the first case, a passenger on a Royal Caribbean cruise ship began showing symptoms of appendicitis on the Explorer of the Seas cruise ship. The vessel was about 130 miles southwest of Key West at the time, and was heading back...
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Captain’s Error Blamed for Russian Maritime Accident
by Matthew D. Shaffer on February 15, 2012
Russian transportation city officials are blaming errors made by the captain as the reason for the sinking of an Indonesia-flagged vessel in the Sea of Okhotsk. Russia's Far East transport department says that one of the main reasons for the capsizing of the Ginga was the violations of safety regulations by the captain of the vessel. The Ginga ...
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Scientific Panel Calls for New Approach to Offshore Safety
by Matthew D. Shaffer on February 22, 2012
A scientific panel is recommending that U.S. offshore drilling companies take a more systematic approach to offshore safety in order to prevent a disaster like the BP oil rig explosion in the Gulf of Mexico last year. The recommendations were made by the National Academy of Engineering and National Research Council. In a new report, the two ag...
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Stem Cells from Dental Pulp Help Treat Spinal Cord Injury
by Dennis M. McElwee on February 23, 2012
Japanese researchers have successfully used stem cells derived from tooth pulp to treat damaged spinal cord cells. The research has been conducted on rats, and clinical trials on humans are still a long way off, but the results have been encouraging enough for researchers to be optimistic about the results in humans, too. The stem cells were e...
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No Injuries Reported in Transocean Rig-Supply Vessel Collision
by Matthew D. Shaffer on February 27, 2012
No crewmembers have been reported injured in a maritime accident involving a Transocean oil rig and a supply vessel off the coast of Newfoundland. According to offshore safety regulators, the collision involved the offshore drilling rig GSF Grand Banks, owned by Transocean Ltd. and working for Husky Energy Inc., off the Newfoundland coastline. ...
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Containership Crew Man Suffers Finger Injury
by Dennis M. McElwee on March 05, 2012
The U.S. Coast Guard had to undertake a medical evacuation of a containership crewmember, who suffered a serious injury on the vessel. The man was a crew member on the 855-foot Antigua and Barbados-flagged vessel Mare Phoenicium. The 62-year-old man had suffered a severed finger on his left hand. There is no information about how the injury occu...
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Cruise Liner Crew Member Accused of Sexual Assault
by Matthew D. Shaffer on March 07, 2012
Investigators are looking into incidents of sexual assault of child passengers involving a crew member on two luxury cruise liners. The alleged sexual assault occurred on the Cunard vessels, the Queen Mary 2 and the Queen Elizabeth over a five-year period. The suspect is from the United Kingdom. Local police have confirmed that they are investi...
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Cruise Ship Catches Fire, Set Adrift in Indian Ocean
by Dennis M. McElwee on March 14, 2012
Barely a few weeks after the deadly Costa Concordia cruise ship disaster, passengers on another cruise vessel have been traumatized by a cruise ship accident. According to Costa Cruises, a fire recently broke out in the engine room of the Costa Allegra. Cruise officials insist that the fire was contained and extinguished quickly. The fire did ...
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Ship Strikes North Jetty In Galveston
by Matthew D. Shaffer on March 19, 2012
A 94-foot ship carrying about 1,650 gallons of diesel fuel ran aground Friday on the North Jetty in Galveston.The incident did not cause damage to the fuel tanks, and crews were working to remove the vessel without causing a spill. One crew member aboard the M/V Ashton T suffered a minor injury and was taken to an area hospital, authorities said...
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Drop in Pirate Attacks, But Numbers Still Too High
by Dennis M. McElwee on March 21, 2012
In 2011, there was a decline in the number of pirate attacks reported across the world, including the Somali Coastline where most of these incidents occur annually. However, according to the International Maritime Bureau Piracy Reporting Center, the decline has been slight, and maritime piracy lawyers must continue their concern over piracy off ...
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Maritime Lawyer Can Help Determine Jurisdiction For Maritime Claims
by Matthew D. Shaffer on March 22, 2012
If you have been injured in a maritime accident or perhaps been the victim of a crime while on a cruise, the matter of which court has jurisdiction will be particularly important to you.Jurisdiction concerns which court or courts have authority to hear a criminal or civil case, and this can be quite complex when it comes to maritime claims. A ma...
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Investigation Into Maritime Worker’s Wrongful Death Finds Maintenance Flaws
by Dennis M. McElwee on April 09, 2012
Investigations into the death of a chief engineer on an Australian cruise vessel during a routine drill, have focused on a lot of flaws in the systems in place on the vessel, the Oceanic Discoverer. According to investigations, the crew member died after he suffered crushing injuries when he was trapped in a watertight door. In March 2009, the ...
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Your Jones Act Claim Clock is Ticking
by Matthew D. Shaffer on April 17, 2012
Maritime accidents are a special type of case. A person’s right to a maritime claim for an injury that occurred at sea can vary by the status of the person, whether the injured person is a passenger or a crewmember of the vessel on which the injury occurred.The legal issues involving accidents covered by maritime law can be totally different fro...
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Injuries Reported in Maritime Accident Near Sabine Jetties
by Dennis M. McElwee on April 23, 2012
Several crew members were reported injured after a vessel ran aground near the Sabine Jetties near Port Arthur, Texas, recently. According to the Coast Guard, its officers from Sector Houston-Galveston were asked to respond to the site of the grounded vessel. The MV Ms. Pearl ran aground on the west side of the Sabine Jetties. There were four c...
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Deadly Maritime Accident in Antarctica Kills Three Crewmembers
by Dennis M. McElwee on April 25, 2012
At least three crewmembers on a fishing vessel in the Antarctic are believed dead after a fire raged on board the vessel. At least 37 crewmembers have been rescued from the fire. The South Korean fishing vessel, the Jung Woo 2 ran into trouble in the Ross Sea, which is about 370 miles north of the US McMurdo Station Antarctic Base. The fire ori...
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Repressing Maritime Piracy Under International Law
by Dennis M. McElwee on May 01, 2012
Maritime piracy has existed nearly as long as maritime shipping and commerce. Knowing a little about the history of prosecuting pirates and how international law has evolved can help a maritime lawyer in cases involving victims of this crime.Crime Against CommerceIn the past, maritime traditions quickly developed to give jurisdiction to any nati...
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Shell Oil Platform Evacuated After Gas Leak
by Matthew D. Shaffer on May 02, 2012
An oil platform operated by Royal Dutch Shell in the North Sea has been partially evacuated after detection of a gas leak. There were a total of 76 crew members on the Gannett Alpha platform operated by Shell in the North Sea. Out of these, 48 members were evacuated, and returned to shore by helicopter. According to Shell, the problem came to l...
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Ship Pilot Killed in Maritime Fall Accident
by Matthew D. Shaffer on May 08, 2012
According to the International Maritime Pilots Association, a ship pilot was killed recently during a fall accident on a vessel. The 58-year-old pilot was on a vessel that was sailing on the River Elbe. At the time of the accident, the pilot was attempting to board the boat. He had been standing on a ladder, when he slipped and fell into the wat...
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Tugboat Pilot Says He Could Have Avoided Crash
by Matthew D. Shaffer on May 14, 2012
A tugboat pilot convicted in the July 2010 crash of a barge and tour boat that left two Hungarian tourists dead said in a deposition that the collision could have been avoided if he had been at his post. Matt Devlin, who is serving a one-year sentence for the maritime equivalent of involuntary manslaughter, was on a cellphone for a family emerg...

