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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 enhanced federal mortgage program called Home Possible could turn into an early Christmas present for frustrated home buyers.Elias Delgado and his wife Margaret rent a home in Normal Heights, and have been on the hunt for their first home for about two years. As they save for a down payment, they've been outbid time after time. "I've almost deleted all the real estate apps. It's frustrating. It feels like we're done," said Delgado.Or maybe not. Enter Freddie Mac and a just-announced boost for home buyers. The expanded Home Possible mortgage program allows buyers to roll up their sleeves and turn their sweat equity into their down payment. The program allows borrowers to buy materials and do work themselves on the property before it closes, turning the appraised value of the makeover costs into the down payment.  868

SAN DIEGO (KGTV) - A University City mother is looking for answers after her daughter was greeted with pornographic images on two consecutive days of remote learning.Chelsea Butler says it happened during her 14-year-old daugther's remote Physical Education class last Thursday morning. Her daughter is a freshman at University City High School."When she logged in, the screen was filled with pornography. It was being streamed during her Zoom call," said Butler.Butler says her stunned daughter quickly logged off and told her about it."Made her extremely uncomfortable. She was really upset by it," said Butler.Butler emailed the school and got a call back from the assistant principal, along with an email sent by the school. Both confirmed the Zoom bomb and an investigation by school police and the administration."The fact my daughter was exposed to it against her will is very upsetting," said Butler.The next day, her daughter tried to log in -- same time, same class -- only to be greeted by more pornographic images. This time, there were dozens of extra people in the room."They apparently got in by stealing students' screen names and changing them by one letter in order to access the classroom. Her screen name was one of the ones used. That's why she was even more upset," said Butler.The incidents is putting remote learning security under the microscope. Butler says right now, her daughter logs onto a password protected web portal to get her Zoom meeting ID.Her daughter enters a virtual waiting room, before the teacher invites her into the class. Butler isn't sure how, but says the precautions clearly must be enhanced.Across the country, numerous news reports have detailed similar Zoom bombs during remote learning involving pornography. Butler says her daughter won't be going back to that class until changes are made. So far, the school has excused the absences."A student just going to class every day should not have to be exposed to porn," said Butler.ABC 10News has reached out to San Diego Unified School District for a comment and are waiting to hear back. 2097

SAN DIEGO (KGTV) - Albertsons Companies confirmed Saturday an employee of an Escondido grocery store tested positive for COVID-19.The company said the store will remain open, and "will continue to follow an enhanced cleaning and disinfection process in every department."Public Affairs Director Melissa Hill said that the employee is receiving care and has not worked at the store since March 24. Hill said the Escondido store has been through multiple sanitizing and disinfecting cycles, and used third-party expert service.Hill said the store is monitoring other staff for symptoms."Following CDC guidelines, our Crisis Response Team may recommend that additional members of the store team self-quarantine. These employees will be eligible to receive up to 14 days of quarantine pay," said Hill.The United Food and Commercial Workers Local 135 President Todd Walters said they have been working with companies to get higher safety measures into the workplaces of members.He said three members of the union tested positive as of Saturday. He said they were all at different locations in San Diego County."We're encouraging and asking the members to 1. Make sure they get their social distance. 2. We want them to get time every 30 minutes to stop, wash their hands and clean their work stations," he said.Walters said Plexiglas has been installed at check out stands to protect workers at Albertsons and Vons, and next week Ralphs and Food For Less will see the same installation.He said employees are tired from the long shifts and urged the public to realize supplies aren't going anywhere. "Please don't shop unless you have to, there's no need to horde. If you see these retail workers, not just grocery, but our drug store members, or other retail entities, give them space. If they're trying to work and you need something, call out to them. They will move and step aside."Walters hopes everyone takes the stay at home order seriously so we can stop the spread of COVID-19.Read Albertsons Companies' statement below: 2032

SAN DIEGO (KGTV) -- A San Diego native made history at the Ironman World Championships in Hawaii, becoming the first above-the-knee double amputee to finish what many consider the world's most grueling endurance race. Roderick Sewell crossed the finish line of the 140-mile triathlon race in 16 hours and 26 minutes and immediately embraced his mother. The two lived in San Diego homeless shelters when Sewell was growing up."It's amazing to see how far we've come in 20 years," said the 27-year-old.It's even more amazing when you consider that Sewell had never completed a marathon before Saturday's competition. The Ironman triathlon consists of a 2.4-mile swim, a 114-mile bike ride, and ends with a 26.2-mile marathon.On top of that, Sewell had only six months to train after receiving an invitation from the Ironman organization."I had no bike. I didn't own one" until a few months before the competition, said Sewell. Sewell raced with strategy help from his longtime friend and mentor Rudy Garcia-Tolson. Garcia-Tolson became the first above-the-knee double amputee to finish any Ironman 10 years ago."Back when I first met Roderick, he was about 8 years old. He was actually petrified of the water," Garcia-Tolson said. "Whatever life is throwing at you, mental or physical challenges, you have to fight and get over those and strive for better."Sewell, whose legs were amputated at 2 years old because he was born without tibias, credits much of his success to the San Diego-based Challenged Athletes Foundation. He was introduced to the group at 8 years old."I didn't do any kind of sports. I wasn't very physically active," he said. "And then I started with them and got started in every sport I could."CAF gave Sewell his first running blades at a time when he and his mother were living in homeless shelters."If I can inspire someone, it's a blessing," he said. "When people come up to me and tell me their stories, to me their stories seem more mind-blowing than my own," Sewell added. 2009

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