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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) - An effort is underway to crack down on illegal party boats and other charter vessels operating on San Diego Bay. The Port of San Diego wants to create new charter permit requirements to make it easier for those who want to operate legally to do so. Currently, legal charter vessel operators must obtain a Permit from a marina or sportishing landing where they board passengers, and according to the Port there are more charter vessel operators than there are available slips at the marinas and sportfishing landings on San Diego Bay.To address this problem, the Port proposes to issue all Charter Vessel Operation Permits (Permits) for all Charter Vessel Operations and collect license agreement fees from qualified Charter Vessel Operators who do not have an agreement to operate from a marina or sportfishing landing. “San Diego Bay great place to do charter business because it's almost entirely landlocked, not subject to swells, makes for great party boats, cruising,” says Captain John Valente of San Diego Bay Cruises. Valente spent 15 months and almost 0,000 to get his boat in compliance with federal regulations. The figure does not include the price of insurance. Last year Harbor Police discovered roughly 200 charter vessels operating illegally in San Diego. “It’s very disheartening and it hurts because that's revenue lost. I need to pay the bills, I need to pay my rent,” says Valente. Officers and the Coast Guard are conducting joint patrols to stop the illegal operators. "It's not easy, the enforcement, but this does strengthen the rules and make it pretty clear who can and cannot be charter operators,” said Chief Mark Stainbrook, who added he would consider undercover operations if necessary. Stainbrook said the deadly diving boat fire off Santa Barbara's coast is another reminder at why getting this issue right is so important; they can't risk unsafe charters on the water. Valente says he's glad the Port is amending regulations, but isn't sure the current proposal goes far enough. The Port’s proposal is online and an updated ordinance will go before commissioners in December. 2140

SAN DIEGO (KGTV) — A San Diego nurse who cares for "the sickest of the sick" babies will be honored Sunday for her extraordinary character.Around Rady Children's Hospital, Linda Black is known for her Scottish accent and knack for writing poems."Remember my fingers remember my toes, Remember my eyes so big and so brown, Remember the wind making my whole face frown," she read from one of her poems. This one was written for a baby she cared for who did not survive.She's worked at the hospital for 12 years and always knew she was a caretaker."I wanted to be a nurse because my grandmother had multiple sclerosis and she had several strokes, I used to help my aunt look after her," she said.She is the primary caretaker for one baby at a time. Sometimes the baby is there for weeks, sometimes for months. She found the silver lining in traumatic times, writing poems for the families tailored to their little angels, "basically saying to the families thank you for giving me the honor of looking after your child and your child made an impact on my life."She hopes the poems bring back positive memories for families in a dark time. The families overwhelmed with gratitude, often hugging her. One family whose child survived used her poem as a bucket-list and would send Black photos each time they checked something off the list.When she started writing poems for those who didn't make it, she was worried about the impact. Black was reassured when she ran into a family at a party. She cared for their baby and hadn't seen them since their baby passed. "On her phone was a picture of the grave and on the grave was the poem, it made me realize how my words meant so much," she said tearfully.Sunday she'll be honored at the March of Dimes Signature Chef's Gala for her extraordinary character."If we get donuts we're really excited. You know, donuts and bagels are the biggest gift for us, sometimes chocolate, but to get an award and to get recognized by someone who's outside of my unit it's absolutely amazing, just wow!" Black said with her hand on her heart.Black said she will continue writing poems for the families she cares for. 2149

SAN DIEGO (KGTV) - A San Diego pastor is reflecting Wednesday on his special personal connection with Reverend Billy Graham, who passed away at his home in North Carolina from natural causes at the age of 99.Early in his career in 1949, Graham delivered a sermon at the Forest Home Christian Camp in the San Bernardino Mountains.  Bob Botsford's father ran the camp. Nearly two decades later during one of Graham's return visits to the camp - an excited, 5-year-old Bob interrupted his sermon."I remember yelling out 'Hi Billy!' And he yelled back, 'Hi Bobby,'" said Botsford.By then, Graham had become a family friend."I recall bigger-than-life charisma.  He was the most gentle soul and most humble man I've ever met in my life.  He was bold yet caring," said Botsford.Botsford says Graham inspired him to become a pastor at age 24."His invitation was for a personal relationship with Jesus Christ and that's what I longed for," said Botsford.Later, it was Botsford who flew to a revival in Kentucky to personally invite Graham to return to San Diego. His last revival was in San Diego almost 30 years before. "He said, 'Let's see if we can make that happen," said Botsford.It did.  In May 2003, a record-breaking crowd packed Qualcomm Stadium to hear him speak."It was electric and just filled with hope," said Botsford.After the event, there was a surprise in the mail.  Botsford received a bible from Graham in the mail, which included a message: "Bob Botsford. God Bless You and Keep You.  Amen.  Billy Graham.""Definitely one of my most treasured possessions," said Botsford.A decade and a half later, he must say goodbye to his friend."I'm sad for the world because we lost the greatest communicator of the gospel, but I'm happy for heaven because Billy is finally home," said Botsford.Botsford is also remembering a legacy.  At Qualcomm Stadium that day, his own son met Graham."I saw my son's eyes light up," said Botsford.The meeting inspired his son, who is now a youth pastor at Botsford's church, Horizon Christian Fellowship in Rancho Santa Fe."Third generation. Thrills my heart ... The message is going to outlive the messenger," said Botsford. 2219

SAN DIEGO (KGTV) - A San Diego mother of four said she was fired from her job of nine years because she needed to keep working from home during the pandemic.According to a lawsuit filed by Taneasha Newsome, “Knowing Ms. Newsome required a work accommodation or a medical leave to care for a disabled child during the global pandemic that gripped the country in early 2020, Axos failed to attempt accommodating Ms. Newsome’s obvious need. Instead, Axos terminated her in order to rid itself of an employee who required accommodation.”The federal complaint filed last week against San Diego-based Axos Bank alleges associational disability discrimination and wrongful termination, failure to provide reasonable accommodations, and racial discrimination, among other things.Newsome said it was challenging before the pandemic to balance work and home obligations. She explained one of her children has attention deficit hyperactivity disorder and another is autistic.Newsome said when the stay at home order went into effect, schools closed, and she started working from home.“I was told basically, I’m supposed to use my breaks legally and my lunch to do what I need to do for the kids, which anyone who has kids knows that’s impossible,” she said. “You can’t put them on a schedule when they’re hungry or need to use the bathroom.”According to her lawsuit, in late March 2020, Axos began using a computer program to monitor its remote workforce.The lawsuit claims Axos knew the program “was unable to track certain aspects of employees’ workdays, which caused the system to erroneously underreport working hours for Ms. Newsome and others.” It stated Axos used the inaccurate reports, “to place Ms. Newsome and other employees on a performance improvement plan (PIP) on April 24, 2020 for lack of productivity, even though the reports did not accurately measure their full productivity.”“During that time, they say, ‘Hey the software isn’t properly tracking us, it’s not tracking our work,’” said Newsome’s attorney Alreen Haeggquist. “They ask questions to their managers of how does it track productive time and unproductive time. No answers are given.”According to the lawsuit, Axos demanded all teleworking employees return to full-time, in-office work on May 1, 2020. The lawsuit said employees that required a further teleworking arrangement were instructed to submit a formal request form that detailed their need for continued teleworking.“When Taneasha says, ‘Hey I need an accommodation. I need to keep working from home because of my children with special needs and what’s going on with them at home.’ They fire her based on those reports from over a month earlier,” Haeggquist said.According to the lawsuit, “Axos fired Ms. Newsome during a two-minute Zoom meeting with HR, claiming it was based on her lack of ‘productivity.’ Axos Bank fired Ms. Newsome, but not because of her performance. After interfering with Ms. Newsome’s right to take leave to care for her disabled family members, and otherwise failing to accommodate that need, Axos Bank fired Ms. Newsome because, as the mother of two disabled children, she needed to remain working from home, and the company thought she was too likely to be ‘distracted’ by the childcare obligations of her disabled children.”In a statement, a spokesperson for Axos Bank responded to the allegations writing, “Like most public companies, it is our policy not to comment on the specifics of pending litigation. With respect to this complaint, we can say the allegations are false and omit material facts, and we are confident we will prevail once these material facts are presented to the appropriate forum.”Newsome said things have been difficult since she lost her job.“We had to give up our apartment,” she said. “We now live with family, which I’ve never had to do. When I left home at 18, I stayed gone. So, this is my first time coming back home. It’s an adjustment for the kids, they’ve never not had their own.”Newsome’s lawsuit also alleges racial discrimination. It claims, “Axos discriminated against Ms. Newsome in compensation and in terms, conditions, and privileges of employment because of Ms. Newsome’s race. Based on information and belief, Axos paid Ms. Newsome less than her white counterparts, and the differential was not based on a bona fide factor, but rather, it was based on race.”As of this writing, the company has not yet responded to the allegations in court filings. 4461