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SAN DIEGO (KGTV) — A San Diego veteran is suing 3M Company alleging earplugs he wore while in the military were defective. He’s the latest in a series of lawsuits that have been filed against the company by service members across the country.Kevin Alicie filed a lawsuit on Wednesday claiming he “used Defendant’s dangerously defective Dual-ended Combat Arms? earplugs during tank firing, training firing, other live fire training, vehicle maintenance, and during other training and combat exercises.” According to the lawsuit Alicie wore the earplugs while at Camp Pendleton and was first diagnosed with hearing loss in California. Alicie tells 10News during his military carrier he started having problems with his hearing. He’d hear ringing. He says he didn’t think much about it until the ringing started to become more frequent.“I mentioned it to the doctor when I was doing my final physical, and sure enough when they did that last hearing test they found that there was hearing loss,” Alicie said.The lawsuit says 3M did not inform the military or Alicie that the earplugs were defective and failed to adequately warn that the earplugs did not meet the military’s sound requirements."The biggest defect is they don't do what they are advertised to do,” said Alicie’s attorney John Gomez. “Essentially they are supposed to protect your ears and your hearing in proximity to loud sounds that can cause hearing loss or damage.”Attorney John Gomez says the earplugs were standard issue in certain branches of the military between 2003 and 2015.“Without question, I think tons of users-consumers and potential victims reside right here in San Diego County,” Gomez said.According to a July 2018 press release from the United States Department of Justice, 3M agreed to pay .1 million to resolve allegations that it supplied the United States with defective dual-ended combat arms earplugs.The release says, “the United States alleged that 3M, and its predecessor, Aearo Technologies, Inc., knew the CAEv2 was too short for proper insertion into users’ ears and that the earplugs could loosen imperceptibly and therefore did not perform well for certain individuals. The United States further alleged that 3M did not disclose this design defect to the military.”3M tells 10News it did not admit any wrongdoing and chose to settle with the Department of Justice to avoid the time and expense of litigation.In a statement, a spokesperson for 3M wrote: 2460

SAN DIEGO (KGTV) -- A state review board will decide Tuesday whether to grant parole to a former skateboarding star from Carlsbad who has spent nearly three decades behind bars for a brutal rape and murder.Mark “Gator” Rogowski was a world champion skateboarder in the 1980’s who drew comparisons to Tony Hawk. He parlayed his fame into endorsements and promotional videos until he entered a guilty plea to the 1991 rape and murder of Jessica Bergsten, whose body was found buried in the desert.“This was a horrific, heinous, monstrous crime by an individual who really doesn’t want to admit that he took out transferred rage on another innocent individual,” said Deputy District Attorney Richard Sachs, who will represent the state at Tuesday’s hearing.Rogowski was denied parole in 2011 and 2016, but his case was granted another review ahead of schedule, Sachs said. The parole board will determine if Rogowski remains a threat to the community based on a psychological assessment and other factors.In a promotional video by the prison rehabilitation non-profit Getting Out by Going In (GOGI), Rogowski said he’s taken accountability for the crime and found a higher power.“My identity as a man was skewed. I thought what it meant to be a man was to be a womanizer, to have a lot of relationships,” he said.In 1991, the former skateboarding celebrity invited Bergsten to his Carlsbad apartment. Bergsten was a friend of the girl who had just dumped Rogowski.In a fit of what he called “misplaced revenge,” Rogowski clubbed the young woman over the head, cut her clothes off with scissors and sexually assaulted her for hours. When she screamed for help, Rogowski covered her with a surfboard bag and strangled her through it. He then drove two hours into the desert and buried her naked body in a shallow grave.“Certain crimes are so horrible they shock the conscience and this is one of them,” Sachs said.Sachs said prosecutors will strongly oppose parole on public safety grounds, although he acknowledged he could not predict the board's decision. "We never know how they’re going to view somebody," he said.If the board grants parole, he said the DA’s office will appeal the decision to Governor Gavin Newsom. 2224

SAN DIEGO (KGTV) - Across the county, doorbell camera video has caught 'grinches' behaving badly."Upsetting and makes me feel violated," said Catherine Butler, who lives on Palm Avenue in La Mesa.When Butler woke up Wednesday morning, she came upon a mess outside her home. A wreath hanging on the side of her home was on the ground. A lighted garland was cut and left in her yard. She found a string of cut-up Christmas lights near the sidewalk.RELATED: How to stop porch pirates from stealing your packages around the holidays"It makes me mad. It's not right and it's very grinchy," said Butler.Surveillance video reveals the culprit: a man walking barefoot on her patio railing, yanking down her lights. "I put up things because it's fun to be in the season. To have something negative happen, it just feels really personal," said Butler. Butler is hardly the only one feeling that way. There have been a plethora of videos posted this week of package thieves throughout the county, likely targeting Christmas presents. In Chula Vista, a video posted on the Neighbors App by Ring shows a man wrangling a large holiday wreath off a front door. In the post, the homeowner says the wreath had been put up for the last 15 years.In another post from Spring Valley, a person seen walking away from a home and into a waiting car took a Mickey Mouse projector light. Sometimes, a grinch can be dangerous. RELATED: A porch pirate stole a package from a home, then threw shade with a snarky 'thank you' note In Escondido, the Pimentel family recently told 10news their six, holiday inflatables were the likely target for vandals on Saturday night, after they found BBs wedged in their home. Part of their living window was shattered, as their children were inside watching 'The Polar Express."Ring videos show several grinches in a neighborhood in Del Sur, but these thieves had a change of heart. Teens are seen nabbing a 0 projector light. The victim posted the video on social media Wednesday and hours later, a teen was recorded dropping it off on the front doorstep. 2075

SAN DIEGO (KGTV) - A San Diego resident is one of three patients across California infected with salmonella linked to an herbal supplement.The 44-year-old resident is the latest patient in the multi-state outbreak, according to the San Diego County Health and Human Service Agency.The supplement, kratom, is used as a stimulant and opioid substitute. It's also known as thang, kakuam, thom, ketom, biak, and Mitragyna speciosa, according to county health officials.RELATED: 28 sick in salmonella outbreak linked to kratom, CDC saysThe San Diego patient fell ill in January but has since recovered. They were not hospitalized, officials said.The Centers for Disease Control and Prevention has identified at least 40 cases of salmonellosis in 27 states. Fourteen patients have been hospitalized. The CDC has identified kratom products as the likely source, though a specific brand or supplier has yet to be named.CDC officials recommend people do not consume kratom in any form.RELATED: If it's not the flu, you might be sick because of this virusKratom is an herb that is currently legal in most parts of California and the U.S. The FDA issued a ban on imports of the herb in 2014.In 2016, the City of San Diego also passed a ban on the sale, possession, and distribution of mitragynine and hydroxyl-mitragynine, which are active components in kratom. Since 2014, there have been 10 deaths in the county associated with mitragynine.Salmonellosis is a common intestinal infection traditionally associated with undercooked poultry or eggs, contaminated water, or unpasteurized dairy products. Most who fall ill from it are sick for four to seven days and experience diarrhea, fever, vomiting, and abdominal cramps. 1759

SAN DIEGO (KGTV) — After five days of crews battling flames, the USS Bonhomme Richard ship fire is extinguished. The day after the flames subsided, Navy Admiral Mike Gilday came to San Diego to see the damage for himself and meet the sailors and crews who had battled the fire.“The main takeaway for me this morning was really the people, and we outta be proud of them, and the parents of these sailors outta be proud of them,” said Gilday.Related: Navy officials say all known fires aboard USS Bonhomme Richard are outHe said he met with about 150 people Friday morning to hear their stories of what it was like to fight the fire from the inside. Crews battled temperatures that hit 1000 degrees, even getting as hot as 1200 degrees at one point. He spoke specifically about meeting one petty officer who told him her training on how to fight a fire from the beginning is what prepared her for the battle this past week.“That training set the foundation for the way she operated and behaved and acted over the past several days. She was very proud of what she did and the teamwork that was involved,” he said.He added that two of the factors that made it difficult to put out the fire were the high winds and the explosions.“This fire probably couldn’t have been at a worse point on this ship in terms of its source that allowed it to spread up elevator shafts as an example, up exhaust stacks,” he said, adding that “there were times when he had to back those firefighters off the ship. At one point the explosion was so great that it blew the debris across the pier and onto the ship that was across the way.”The Admiral also talked about what’s next for the ship. He said the next steps are doing a safety investigation, a criminal investigation (which he added is typical), a command investigation to look at the procedures in place and what crews did right or wrong, and finally an assessment of the structural, mechanical and electrical damage, which will be done with the help of the people who built and know the ship.The Navy has not decided if the USS Bonhomme Richard will be recovered.“I am 100% confident that our defense industry can put this ship back to sea, but the question is should we make that investment in a 22-year-old ship,” said the Admiral.A spokesperson for the Navy confirmed that the flames have all been extinguished, but crews continue to watch for hot spots popping up. 2411

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