Citizens Come Together to Make Positive Difference after Local Accident

Over 200 people gathered for a candlelight vigil and balloon release on Friday, January 20, in the town of Union. The vigil was held after two young boys died in a car crash earlier this month. Picture courtesy of the Press and Sun Bulletin in Binghamton.  

 As a parent of a young child myself, I could not help but feel emotional when I read about the January 7 car crash in Binghamton that killed four people, including a 7-year-old and a 6-year-old.

Joseph M. Plevinsky was driving three of his grandchildren to soccer practice at the Greater Binghamton Sports Complex on Airport Road, and his minivan swerved into an opposing lane of traffic and hit the car of 56-year-old Rose Kozlowski. Mr. Plevinsky, Ms. Kozlowski, 7-year-old Joshua Henry, and 6-year-old Tyler Houghton all died as a result of the crash. The only survivor is 8-year-old Nataya Henry, who was injured and taken to Wilson Regional Medical Center in Johnson City.

Despite the incredible tragedy of this crash, something truly admirable has come out of such horror and sadness: citizens of Binghamton and the surrounding area have come together. According to the Press and Sun Bulletin in Binghamton, more than 200 people braved the cold and attended a vigil for the boys who died in the accident. Also, a fundraiser held in the Maine-Endwell school system included a pasta dinner and a basket raffle that helped to raise money to help support the surviving Henry and Houghton children and plant a tree in memory of Joshua and Tyler.

These recent headlines about people coming together to grieve and help in a time of need are a reminder of the human impact that is felt by every accident. The effects of an accident only begin at the accident scene, and it is important to be reminded of just how deep loss can be felt and just how powerful holding a candlelight vigil or hosting a pasta dinner can be.

As an attorney, I am proud to work for justice for my clients every day. The citizens of Binghamton and the surrounding area, however, demonstrate a different definition of justice and righteousness, and I applaud you for making a positive difference and teaching us all that goodness and kindness really can come out of tragedy.

Thanks, Christina

_________________________________
Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web:zifflaw.com
Blog: NYInjuryLawBlog.com

 

Pedestrian Safety Tips to Prevent what Elmira Police Chief Calls “Preventable Accidents”

Jim Reed wrote a blog post on Wednesday about two pedestrian accidents on Clemens Center Parkway in Elmira. His post underscores a message from Elmira Police Chief Michael Robertson who, in WETM TV coverage said, “These accidents are preventable. Every one of them is preventable. People need to take time to stop, look, and listen.”

While Jim’s post emphasized the importance of not driving distracted, what are measures that pedestrians can take to avoid accidents?

Here are some standard tips for pedestrians to avoid accidents:

  • Just like drivers, don’t walk or bike distracted! Talking on a cell phone will only distract you if cars come speeding toward you or if a traffic signal changes.
  • Take your time. I know this is easier said than done, but studies have shown that most pedestrian accidents occur simply because the pedestrian was in a hurry to cross the road. Taking your time and waiting until the road is absolutely clear could literally save your life.
  • Stay visible. If walking or biking at night, be sure to wear reflective gear.
  • If there is no sidewalk, walk on the left side of the road, facing traffic. Try to cross at crosswalks or marked walkways.
  • When walking on sidewalks, remember to watch out for cars backing out of driveways.
  • Always double check the road before crossing. Make eye contact with drivers before crossing a street to ensure they stop.  

Over 5,000 pedestrians die each year in the U.S. because they are hit by cars or bikes. Most of the victims are children, so the importance of sharing these simple tips with your kids and teaching them basic safety tips cannot be understated.

We have all seen pedestrians breaking traffic rules or putting themselves in dangerous positions on the roads. The recent pedestrian accidents on Clemens Center Parkway, however, show that many people drive distracted and it is important for both drivers and pedestrians to, in the words of Elmira Police Chief Michael Robertson, “stop, look, and listen.” Even though pedestrians have the right of way, you can never be too careful!

Thanks, Christina

_________________________________

Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web:zifflaw.com
Blog: NYInjuryLawBlog.com

 


UPDATE: More Elmira Pedestrian Accidents …. It’s Time for Drivers to Wake Up and Watch Out for Walkers and Bicyclists

Two accidents involving pedestrians in the last 24 hours in Elmira serve as a stark reminder of the dangers facing pedestrians from inattentive or distracted drivers!

First, a mother and her 1-year-old child were injured, then a 17-year-old girl was struck 45 minutes later!

In the Elmira/Corning area where I live, there seems to be a growing trend of cars and trucks hitting pedestrians and bicyclists. I think this is a combination of more walkers/bikers and more cars/trucks sharing the roads together with a huge increase in the number of distracted drivers on the road.

These drivers are distracted by phones, radios, texting — or they are simply not paying attention.

In both Elmira pedestrian injury cases, the pedestrians were crossing the four-lane Clemens Center Parkway, which is a nightmare for pedestrians because they have to move quickly to get across safely before the light changes.

How many times have we seen pedestrians stranded unsafely in the middle of an intersection, waiting for the light to change again? This problem is especially obvious on a road like the Clemens Center Parkway, where the road is four lanes wide and there is a higher speed limit.

BUT REMEMBER:  NY LAW REQUIRES A MOTOR VEHICLE TO YIELD TO A PEDESTRIAN!  So regardless of the color of the light, if you see a pedestrian on the road, follow the law and give them a safe distance.

In one of the accidents, a mother and her 1-year-old child in a stroller were struck. They suffered minor injuries, police said.

According to news reports, the first accident occurred at about 8 p.m. Tuesday at the Clemens Center Parkway and East Fifth Street, Elmira, NY. The mother and child were transported to Arnot Ogden Medical Center and the driver of the pickup truck accused of striking them, Clayton Stevens of Lowman, was charged with Failing to Yield and Driving with a Suspended License.

A 17-year-old girl was hospitalized with internal injuries and possible broken bones after a second accident 45 minutes later involving a pedestrian at the Clemens Center Parkway and South Avenue on Elmira’s Southside. She is being treated at Robert Packer Hospital in Sayre. Police said the investigation continues.

See the news reports from WETM-TV and the Star-Gazette.

Remember the 17-year-old girl, and the mother and her 1-year-old child, the next time you’re driving on Clemens Center Parkway and SLOW DOWN. As you approach intersections, even if you have a green light, scan both sides of the road for pedestrians. Remember there may be people still trying to cross the road!

Finally, FOCUS ON THE ROAD — not your text messages or your missed phone calls or talk radio or talking with your passengers.

Someone else’s life may depend on you paying attention to the road!

Thanks for reading.

Thanks, Jim

_________________________________

James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com

 


NY Attorney Offers 5 Great Tips for Safe Winter Driving

CHARLOTTE, NC - JANUARY 10: Traffic remained l...
While we have been enjoying some warm weather lately here in the Twin Tiers, weather advisories and recent headlines detailing local car accidents serve as reminders of the importance of safe driving. So, as temperatures drop and the danger on the roads increases, here are some top tips for safe driving this winter:
  1. Make sure your car is winter ready- Before the biggest winter storms hit, make sure that your tires have plenty of tread, your windshield washer fluid is of a no-freeze variety, your wipers work properly, your oil is changed, and your coolant is topped off and ready for Elmira weather.
  2. Keep a well-charged cell phone with you when you travel- It is always a good idea to take this precaution. While we know it is dangerous to text and drive, in the event of an accident, a cell phone could just be the thing that saves your life.
  3. Leave early and give yourself room on the road- While this may seem like common sense, I know how tempting it can be when you are running late and want to speed to go to your destination faster. It never hurts to leave extra room between you and the cars around you and to drive slowly- even if it means you get to your destination a few minutes later.
  4. Don’t drive distracted- While this is definitely an important driving point all year round, it never hurts to be reminded to always keep both eyes on the road and both hands on the wheel. Driving with your headlights on and your mind focused on the present are especially important in winter driving.
  5. Have an emergency kit in your car- There is an old saying that says, “Hope for the best but prepare for the worst.” This holds true when traveling in inclement weather. Having supplies such as jumper cables, an ice scraper, a flashlight with extra batteries, a blanket, extra warm clothing, water, matches or a lighter, a first aid kit, basic tools, and flares are a great idea. In fact, many local stores sell kits or winter-ready variations of these supplies, such as mini flashlights or travel radios. You can also put non-perishable food in your kit, such as energy bars, candy bars, hard candies, dried fruit, jerky, and granola bars, but you may have to resist temptation of qualifying that hunger on the way home from work as a call for the emergency food kit!
IOWA CITY, IA - FEBRUARY 01:  A man works to d...

Dealing with so many accident cases and reading tragic recent headlines about such people as 10-year-old Taylor Estrella of Maine, NY, who passed away when her grandmother’s car hit a recycling truck and David Wilkins, an Elmira man who died in a crash on Route 13, are reminders of the dangers that we all face when we pick up the keys and get into our cars in the winter. No matter what your top driving precautions are this winter, I hope these friendly tips can help to keep you and your loved ones safe this season.

Thanks, Christina

_________________________________
Christina Bruner Sonsire, Esq.
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
303 William Street
Elmira, New York 14902-1338
csonsire@zifflaw.com
Office: 607.733.8866
Toll-Free: 800.ZIFFLAW (943.3529)
Web:zifflaw.com
Blog: NYInjuryLawBlog.com

Defective Hip Prostheses Cause Pain And Suffering For Patients, Says NY and PA Injury Lawyer

Hip failures caused by faulty medical implants will cost taxpayers, employers, insurers and others billions in the coming years, experts say.

A recent News York Times article discussed the very high costs associated with victims of failing artificial hip prostheses. The story is particularly compelling for me because I represent a number of local people who are suffering horribly with medical complications caused by defective hip prostheses:

  • A Hammondsport, N.Y.,  man who had the misfortune to receive the DePuy A.S.R. hip prosthesis that was recalled last year by its manufacturer, Johnson & Johnson. This poor fellow has already suffered through several surgeries in an unsuccessful attempt to replace the defective hip prosthesis but he continues to suffer significant ongoing complications.
  • A Bath, N.Y., woman who also had the DePuy A.S.R. hip prosthesis and who is suffering dramatically elevated chromium and cobalt levels in her blood.
  • Two women, from Corning, N.Y., and Big Flats, N.Y.

Although prosthetic devices can fail for a number of reasons (poor design, improper materials, improper installation, etc.), these particular cases involve hip prostheses that failed because of their metal-on-metal design.  Metal wear due to metal grinding on metal causes small flakes of metal debris to contaminate both the artificial joint and the patient’s bloodstream. This metal wear causes premature failure of the hip joint itself and has the nasty effect of causing all sorts of medical complications due to the metal contamination.

It is important to note that in our cases we are NOT claiming that the doctors who performed the surgery to implant the prosthesis were negligent. Our claims are against the manufacturers like Johnson & Johnson, who released a defectively designed product without performing appropriate long-term testing or otherwise confirming that the prosthesis as designed was safe.

The New York Times story points out a staggering toll from this failure:

  • “Until a recent sharp decline, all-metal implants accounted for nearly one-third of the estimated 250,000 hip replacements performed each year in the U.S.
  • Some 500,000 people have received an all-metal replacement hip!
  • “Medical and legal experts estimate the hip failures may cost taxpayers, insurers, employers and others billions of dollars in the coming years.”
  • Lawsuits and complaints against the makers of all-metal hip replacements have passed the 5,000 mark.
  • Private insurers are warning patients that they plan to recover their expenses from any settlement money the patients receive, and Medicare expects to try to recover its costs, too.

The New York Times reporter also answers readers’ questions about the story here. And there is also a graphic here that explains why the implaints fail.

If you or someone you love in Elmira, Corning and the Twin Tiers has an artificial hip, be sure they are checked by their medical doctor to see whether they have an all-metal implant that could cause them major medical complications.

Thanks for reading.

Thanks, Jim

_________________________________

James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com


Appeals Court, CPSC Urge Wider Use Of SawStop Technology, Says NY Woodworking Attorney

SawStop Technology Can Save Your Fingers!

Tablesaw safety continues to make headlines and woodworkers fearing injuries should take note about the latest legal and government developments.

The question that is being asked, and I think it is a good question, is whether the government should REQUIRE tablesaw manufacturers to use safer technology when that technology is available and feasible?

Many of my friends answer “Hell no, keep guv’mint out of my business” while other friends answer “Hell yes, this is the perfect role of government to enforce safety standards to protect people”.

I have to confess that I am in the “Hell Yes” camp because unfortunately tablesaw manufacturers have historically demonstrated that they will NOT voluntarily adopt the safest technology.  Because of that, and because I see first-hand the devastating effects of bad injuries, I tend to support anything that results in fewer innocent people getting hurt.

That’s why I support past safety regulations that have resulted in much greater public safety.  Things like seatbelts and airbags in cars have resulted in fewer deaths and less catastrophic injuries.  Years ago, seatbelts were non-existent, then a rare exception.  But it wasn’t until seatbelts were REQUIRED that we widespread adoption of this safety device. No one today would argue that requiring seatbelts was a bad thing.

And that’s why I am in favor of the government requiring all saw manufacturers to adopt SawStop (or something equivalent) safety technology.

In a perfect world, these tablesaw manufacturers would build safer saws because they can and because they truly care about the safety of their customers.  However, we don’t live in a perfect world and corporate design decisions often come down to profits and the least expensive way to build a product.  Unfortunately, touting your saw as the safer saw isn’t nearly as touting your saw as being cheaper than your competition’s product.

Normally, one place where manufacturers end up paying for their decision to build an unsafe product is in the courtroom.  In the courtroom, a manufacturer who builds an unsafe product when there are safer, feasible alternatives, can be required to pay substantial verdicts.

Historically, tablesaw manufacturers have avoided liability because they have all built their saws in essentially the same way and have then banded together in the courtroom to say the way they build their saws is to the “industry standard”.  They essentially claim that this industry standard is “the best we can do because everyone in the industry does it that way”.  They then claim other designs are not feasible, or not practical, or more expensive…..

For years, the conspiracy of the table-saw manufacturers was successful in avoid liability but recently the tide turned in a very important table-saw case.

A federal appeals court in Massachusetts has upheld $1.5 million in damages to an insurance company so it could recover expenses from Ryobi’s parent company in the case of Carlos Osorio, a flooring installer who suffered a hand injury in 2005 while using a Ryobi table saw, according to Fine Woodworking magazine.

Dr. Stephen Gass, the inventor of SawStop, testified on Osorio’s behalf in the lawsuit against Ryobi, saying none of the major table saw manufacturers, including Ryobi, had adopted his safety technology. With SawStop, the blade instantly senses when it comes in contact with skin and the blade snaps out of sight before any serious damage can be done to a person’s body.

Osorio’s table saw did not have the SawStop technology and the district court, citing safety concerns, ruled in his favor based on Gass’s testimony.

The federal appeals court’s October ruling supporting the district court can be found here.

An interview with Stephen Gass, the inventor of SawStop, is here.

Also in October, the Consumer Product Safety Commission voted unanimously to propose new table saw safety standards. Read a news story about that decision here. And the actual CPSC decision is here.

I recently wrote about my experience in buying a SawStop table saw. Yes, they are more expensive, but itsn’t the safety of the woodworkers in your family worth it?

SawStop works. As I said in my last post, I encourage all of my woodworking friends in Elmira, Corning and the Twin Tiers to check out the latest in safety technology.

Please, be safe out there.  Always put safety first, even if it costs you more than you wanted to spend.

Thanks for reading.

Thanks, Jim

_________________________________

James B. Reed

NY & PA Injury & Malpractice Lawyer

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Blogs: NYInjuryLawBlog.com and

NYBikeAccidentBlog.com

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Maps Of Road Fatalities A Reminder Of Toll Of Distracted Driving, Says NY and PA Accident Lawyer

Check out where fatal accidents have occurred in your community in recent years.

A United Kingdom transportation company has created a website that allows anyone to track road fatalities in the United States by location, including in Elmira, Corning and the Twin Tiers.

You can find the exact scene of an accident that led to a death between 2001 and 2009. I drilled down to the local fatalities in Elmira, Horseheads, and Corning and learned that I handled a large number of the wrongful death cases displayed on the local map.

I have worked on many cases in the last 26 years, and each of the little dots is a reminder of what I know to be devastated family and friends. … The 14-year-old cyclist mowed down by a hit-and-run driver, the elderly pedestrian hit by a driver who admitted she was busy adjusting her radio and on and on ….

It’s very unsettling and sad.

But it’s important that everyone take a look at the map of their community. Notice where people died when you look at the map of Chemung County — Lower Maple Avenue in Elmira, County Route 64 in Big Flats, Interstate 86 and the Miracle Mile (Corning Road) in Horseheads. Look at the grouping of fatalities, on I-86, Route 352 and Route 64. Those are high-traffic areas where everyone should be their most vigilant. Those should be no-distraction zones, and that means turning the radio or CD down, too!

Some of the fatalities were pedestrians, some were drivers or their passengers, and some were on motorcycles or bikes. Yes, it’s important to know where the most dangerous spots are in Watkins Glen and Southport and Pine City, then south to Towanda, Sayre and Athens, Wellsboro and Mansfield.

But there is a larger lesson here.

The maps serve as a stark reminder to all of us to SLOW DOWN and PAY ATTENTION TO THE ROAD. Shut off the cell phone. Cut down the chatter. Be vigilant. Live in the present.

Respect the lives of others, and be mindful of the dangers around you. Distracted driving kills. Next time you’re on the road, think of the people lost in accidents on that map.

Please have a safe and joyous holiday season free of heartbreaking accidents.

Thanks for reading.

Thanks, Jim

_________________________________

James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Mail to: jreed@zifflaw.com
Office: (607)733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com


With Rise In Accidents, NY Woodworking Lawyer Urges Table Saw Safety

Woodwworkers should look into investing in a table saw from SawStop.

As an avid woodworker (my wife says too avid!) and injury lawyer who has seen way too many people hurt in way too many ways, I am always concerned about woodworking safety.

I have an uncle who is a constant reminder of what can easily happen when working in the workshop. My uncle is a good, safe, competent woodworker who is missing a good portion of a finger because of a woodworking accident that happened literally in the blink of an eye. He wasn’t doing anything unsafe and was doing what he had done hundreds of times before, but nonetheless he lost a big chunk of a finger.

In my quest for greater safety, I recently purchased a new table saw featuring a finger-saving technology called SawStop.  Essentially, this is a saw that has an incredible technology built into it that causes the whirring saw blade to be stopped in milliseconds if there is any contact between the blade and skin.

Sure, the SawStop saw costs a little bit more than other comparable table saws, but when you consider the pain, disability and whopping medical bills that result from a table saw accident, that small additional expense is chump change.

I bought my SawStop from Brian Kita of Hermance Machine Co. in Williamsport, PA. Brian was awesome to deal with and he had this to say about the SawStop saw:

We handle a lot of manufacturer’s products here, and I have to tell you, this is the only product line we carry that makes such a difference in our customers’ lives. They sell through recessions and they sell when schools have no budget money. People have come to us straight from the emergency room with bloody bandages covering what’s left of their fingers to write me a check for a SawStop. I’ve taken calls from pros angry that they need a cartridge that seemingly blew for no reason, only to have them call back and excitedly tell me that as they wrote out the purchase order, they found a small smear of blood from where they contacted the blade but never even felt it. Yeah, SawStop has something unique, and they could probably charge a whole lot more for it, but I’m grateful that they don’t.

Having now assembled my SawStop saw, I am pleased to report that not only does it feature incredible safety technology, it is also, by far, the most precision-machined, well-engineered piece of power woodworking equipment I have ever owned.

My point of this post isn’t intended to serve as an advertisement for SawStop — it is intended to reach out to my woodworking friends to encourage them to very carefully consider ALL aspects of safety, which would include consideration of the latest, greatest safety technology.

The alternative — doing nothing, using an old, unsafe table saw — is not wise. According to an October story by The Associated Press, the U.S. government says about 10 people EACH DAY lose a finger or get their hand mangled by unsafe table saws! That is remarkable!

The Consumer Product Safety Commission has started looking for ways to reduce injuries. The agency estimated there were more than 67,000 blade-contact medical injuries in 2007 and 2008, costing more than $2 billion.

Table saw makers say those numbers don’t reflect the new products like SafeSaw. So we’ll keep track of this story and watch for newer figures from the government!

In the meantime, be safe out there!

Thanks for reading.

Thanks, Jim

_________________________________

James B. Reed

NY & PA Injury & Malpractice Lawyer

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Blogs: NYInjuryLawBlog.com and

NYBikeAccidentBlog.com


PA To Ban Texting While Driving, Says NY and PA Accident Lawyer

Pennsylvania has cracked down on drivers who text, but its ban does not go far enough.

There is more great news this week on the texting while driving front.

Pennsylvania will follow New York’s lead and outlaw the ultra-dangerous texting while driving. As lawyers who handle car accident cases in both PA and NY, we are very pleased to see this change in PA law!

See the story here.

It’s a great but late start. Unfortunately, the legislation does not go far enough! Yes, the new law, to take effect 120 days after Gov. Tom Corbett signs it, does outlaw texting while driving. But the Pennsylvania House, in an indefensible move, will continue to allow distracted driving by allowing drivers to use cell phones without hands-free devices.

In September, I wrote about New York cracking down on drivers who text. New York outlawed talking on cell phones without hands-free devices years ago! The state toughened its texting while driving law in July by increasing penalties, then in September, police agencies targeted violators, sending a message to drivers: Get your eyes back on the road!

The new law in PA makes texting behind the wheel a primary offense (just like NY), so police can pull you over for that violation alone. The penalty is $50. Police, however, will not be able to seize cell phones or other devices.

PA motorists can still talk on cell phones without hands-free devices, despite years of attempts by the PA Senate and some PA House lawmakers to outlaw it, The Associated Press reports. Nine states, including New York, have such bans.

According to AP, the bill that passed the Senate in June banned texting and talking on a cell phone without a hands-free device. But after the House approved the texting ban on Monday, House Majority Leader Mike Turzai, R-Allegheny, said that his chamber would continue to consider a ban on talking on cell phones.

Can Mr. Turzai explain why they need to CONTINUE to consider the ban on cell phones without hands-free devices? What is the argument?

The AP also said Corbett last week signed into law tougher new regulations for teen drivers, including limits on how many passengers they can carry and more stringent training requirements.

OK, drivers and passengers in Sayre, Towanda and the Twin Tiers: Should PA approve that last piece of legislation and ban all electronic distractions for drivers?

Please add your voice below in the comments section. I want to know what you think!

Thanks, Jim

__________________________________________

James B. Reed
NY & PA Injury & Malpractice Lawyer

Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607) 733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com