Marietta Injury Lawyer Blog

The Georgia Supreme Court has agreed to hear a case that tests the extent to which property owners are responsible for others injured by animals on their property.

The Homeowners Association of The Landings, a subdivision on Skidaway Island, just outside of Savannah, GA, is being sued in relation to the death of Gwyneth Williams. Williams, 83, was house sitting at her daughter's home inside the Landings, and was attacked by an 8-foot alligator in October 2007. The alligator was later killed, and both Williams' hands as well as one of her legs was found inside the stomach of the animal

In Georgia, the law normally protects property owners from lawsuits stemming from accidents caused by wild animals, but lawyers representing Williams' family say this is a different situation. Attorney Michael Connor says that there nothing at all wild about the property in question, "It is a very contrived environment. There are 160 lagoons on the development. And all those lagoons are man made."

Connor further explains, "The landings stocked the lagoons with the fish, which fed the alligators, and connected the waterways to create an "alligator superhighway." He says the Landings, "Knew the alligators were dangerous," and they have had prior reports of problems. Connor feels that the alligator could, and should have, been easily discovered and removed by a responsible maintenance program by the HOA of the Landings.

Continue reading "Georgia Supreme Court to Decide Property Owner's Responsibility For Fatal Alligator Attack" »

The Georgia Supreme Court recently published an opinion in the case of O'Brien v Bruscato, allowing suit to go forward involving a mentally ill Georgia man that brutally killed mother. Vito Bruscato, the father and guardian of Victor Bruscato brought a medical malpractice suit against Victor's psychiatrist for discontinuing his medication shortly before the homicide of Victor's mother. Victor, who had a history of violence, crushed his mother's head with a battery charger and proceeded to stab her 72 times on August 15, 2002 at the family's Norcross Home. During his interview with police, Victor Bruscato, told them he knew killing his mother was wrong but that "the devil made him do it."

The suit alleges Dr. O'Brien's negligence in discontinuing his son's medication caused him to become psychotic and kill his mother. The two drugs, Zyprexa and Luvox, are powerful prescription that Bruscato was taken off of several weeks before killing his mother. The court records in the case indicate that Victor Bruscato was assigned to Dr. O'Brien in 2001in a community health center in Gwinnett County. Expert witnesses have testified that anti-psychotic drugs he was prescribed were helping him manage his violent tendencies. In May 2002, O'Brien discontinued the medications because he wanted to make sure that Bruscato wasn't developing a "dangerous syndrome." After the discontinuation of the medication, Bruscato claims he began having nightmares and the claimed the devil was ordering him to do bad deeds.

The Supreme Court noted in it's decision that an expert psychiatrist testified "the chemical changes that resulted from withholding medication caused Bruscato to decompensate and experience the return of the most severe symptoms of his medical disorder, including auditory command hallucinations, agitation, and hostility. The expert concluded that O'Brien's treatment manifested gross negligence and a disregard of the consequences of leaving a historically violent and potentially psychotic patient unmedicated."

Continue reading "The Supreme Court of Georgia Ruled a Jury Will Be Allowed to Hear Unusual Medical Malpractice Suit" »

As a Marietta Trucking Lawyer, I'm always interested in significant Cobb County trials involving tractor trailer collisions. On Thursday I watched closing arguments in the case of Theresa Foster v. Landstar Ranger, Inc. et al. The case was filed by a Blakely, Georgia woman seeking to hold a Florida trucking company accountable for a 2007 collision that killed her husband, William Foster, killed a friend, Jay Demont, and caused her serious personal injuries. The evidence presented by the widow's lawyers was compelling. As I left the Courthouse that evening, I felt fairly confident the jury would return a large eight figure verdict, but then you never know. On Friday the jury reached a verdict, awarding $40 million to Mrs. Foster, thought to be a record in a Georgia wrongful death case.

The driver of the Landstar 18-wheeler, Stephen Collins, ran a stop sign and collided with the Foster's vehicle on February 11, 2007 while they were on a hunting trip in the southwest Georgia town of Blakely. Mrs. Foster's lawyers presented evidence that Mr. Collins ignored 10 indications that he was approaching a stop sign, including rumble strips, lights, and signs. At the time of the accident, Collins was transporting a cargo of rubber pellets that caused the weight of his 18-wheeler to be over 77,000 pounds when it crashed into Mr. Foster's 2002 Ford F-150. Both Foster and Demott were riding in the front seat of the truck, while Mrs. Foster who suffered broken ribs and a fractured vertebra was the lone back seat passenger.

In Georgia, if a trucking company kills someone, they are responsible for the value of that person's life as well as the lost earning capacity of that person. Mr. Foster was a large wage earner and a successful businessman. Mrs. Foster's lawyers presented a thorough economic analysis, supported by testimony of expert economists, accountants, and Mr. Foster's business partners, that Mr. Foster's lost earning capacity exceeded $43 million dollars. Landstar's lawyers argued that the number was too high, but failed to present any evidence supporting a different number. From my point of view, it appeared the defense strategy was to sit back and rely on the reputation of Cobb County juries to deliver low verdicts.

At Church on Sunday I was asked a good question. "If a Florida corporation killed a Blakely, Georgia man in Blakely, why did the case get tried in Cobb County?" The answer surprised them, in Georgia cases are tried where the Defendant lives. Corporations "live" wherever they choose to have a registered agent. Ironically, Landstar Ranger, Inc. choose to set up their registered agent in Cobb County, because of our County's reputation for very low verdicts. They figured if they ever killed anyone with a tractor-trailer they would get to pay less if the case was tried in Cobb County. However, from my experience as a Cobb County Personal Injury Lawyer, this perception is outdated. More often than not, Cobb County juries do the right thing and reach verdicts based on the evidence, whether that means a large or small verdict.

Continue reading "Cobb County Jury Returns Record $40 Million Dollar Verdict for Husband's Wrongful Death and Widow's Personal Injuries" »

The traditional drop side crib that millions of parents have trusted and relied on to cradle their babies for generations has now been outlawed by the government. After many recalls and the deaths of over 30 infants and young toddlers over the last 10 years, drop side cribs will no longer be a choice for parents when shopping for a crib. The Consumer Product Safety Commission came to a unanimous vote to ban all operations involving the drop side crib in which on side moves up and down, so that a mother or father can easily remove their child. The ban of all operations, involving this crib include: a ban of manufacturing, selling, or reselling in any way. The government has approved a new standard that ensures the safety of all children that need to be in a crib. Cribs will only have fixed sides so children can't climb out or fall out over the side. The government has also banned all child care institutions, as well as hotels, from using drop side cribs in their establishments.

Drop sides cribs have been criticized for decades for many reasons. These drop side cribs have been known to have malfunctioning hardware, cheaper plastics, and most commonly, assembly problems. Assembly problems have caused numerous instances in which the drop side rail detaches from the crib itself. When this detaching happens, it commonly creates a V-gap between the mattress and side rail. This can cause an infant or toddler to get stuck in this V gap and suffocate causing a needless death. A mother in New York lost her 10 month old son in 1997 when his side rail detached and his neck became trapped between the mattress and side rail. A mother wants to feel a sense of safety when she puts her infant or toddler down to sleep and not have to worry about them possibly suffocating or dying through the night. It is an awful feeling to wake up to your son or daughter trapped and not be able to help them.

Continue reading "Georgia Child Safety and Product Liability Update - Drop-Side Cribs Outlawed For Causing Numerous Infant Deaths" »

A new study published by the Journal of the American Academy of Physicians Assistants finds that a majority of emergency room doctors do not believe the Physician Assistant's (PA's) are not more likely to commit malpractice. The study questioned 1000 members of the American College of Emergency Physicians in 2004 and then again five years later. 72% of doctors disagreed or strongly disagreed that PA's were more likely to commit malpractice and the number dropped to 68% in 2009. The study also stated that doctors believe increased utilization of PA's in emergency rooms may improve patient communication, decrease wait times, increase patient satisfaction, and therefore decrease malpractice risk.

Doctors in the study said they felt the most important factors in decreasing the risk of malpractice with PA's was increased clinical experience, completion of post-graduate residency programs, and appropriate supervision by physician.

As a Georgia Medical Malpractice Attorney I can only hope this study is accurate as both PA's and nurse practitioners are being used more and more frequently in most areas of health care, and I have seen the horrific consequences that can result from medical malpractice. Over 225,000 people die each year due to medical malpractice, with nearly half of those being in the emergency room, according to the Journal of the American Medical Association. In fact, medical malpractice is the third leading cause of death in the United States after heart disease and cancer.

Continue reading "Are Physician's Assistants More Likely To Commit Medical Malpractice than Doctors?" »

General Motors is being pushed by safety organizations and trial lawyers to recall its older vehicles and install trunk safety switches. This year alone 20 children have died as a result of being locked inside hot cars with three of those deaths from children being trapped inside car trunks that were manufactured by GM. In Oklahoma this month, an 8 year-old boy died in the trunk of his parents 1998 Chevy Cavalier. Last month there was a similar story when two brothers were trapped in the trunk of their mother's 2000 Chevrolet Malibu and also died.

The safety organization KidsandCars.org is calling on GM to recall all vehicles with trunks from the 2000 and 2001 model years and retrofit them with internal releases. Beginning in the 2002 model year all cars came equipped with a glow in the dark release handle inside the trunk. This is not the first time that GM has been called on to retrofit cars from the 2000 and 2001 model years with internal trunk releases. KidsandCars.org also tried to persuade GM in the 2009 after the death of a 5-year-old Arkansas boy and his 4-year-old sister in a 2000 Chevrolet Malibu. Janette Fennel of KidsandCars.org says that no one has ever died in the trunk of newer models that have the safety releases.

GM's response provides little comfort to consumer advocates as they responded by stating that because they make more cars than any other company accidents are bound to happen in vehicles. They go even further by putting the responsibility back on the parents stating they have "worked . . . to alert parents and caregivers to the dangers of leaving children unattended in or around vehicles." They also stated they have no plans to issue a recall.

Continue reading "Child Safety Update;Trunk Entrapment Deaths on the Rise" »

The Georgia Supreme Court in Flores et al. v. Exprezit! Stores 98-Georgia, LLC, ruled last week that a convenience store can be sued if it sells alcohol to a visibly intoxicated person who subsequently injures others. The original suit involved a Clinch County convenience store that sold a twelve pack of beer to a visibly intoxicated man, Billy Joe Grundell. About four hours after the purchase, Grundell's vehicle crossed the center lane of a highway and collided with a van head-on in an accident that took his life as well as five others, including children who were six and three months old. At the time of the accident Grundell's blood alcohol level was twice the legal limit.

The decision revolved around the interpretation of Georgia's "Dram Shop Act," which provides that a person who sells, furnishes, or serves alcohol to an intoxicated person of lawful drinking age shall not be liable for injury, death, or damage that person causes because of their intoxication. However, the act also states that a person who knowingly sells alcohol to a noticeably intoxicated person when they know that person will soon be driving may become liable.

Continue reading "Recent Georgia Supreme Court Decision a Victory for Victims of Drunk Drivers" »

Thomas Jefferson wrote, "I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution." Jury duty, like voting, is a right and privilege of every citizen. Every day people are empowered to decide important issues that potential impact everyone in our community.

An alarming story came out in the The Atlanta Journal Constitution on Sunday that almost half of jurors summoned for jury duty in Fulton County fail to show. A crackdown has begun on jurors who skip jury duty by the Fulton County courts, but has so far provided little response. Last month, the Superior Court sent out 15,000 letters to no show jurors and warned them of contempt of court charges, $500 fines, and 20-day jail stays if they didn't reschedule or explain themselves. To date only 48 percent of people receiving the letters have either called or written back.

When jurors do respond the most common reasons given for skipping were: "I never got the summons, "I traveled out of state," and "I moved." Regardless of the reason this is a very serious problem that is very costly for Fulton County and ultimately you the taxpayer. Furthermore, it's important to remember that our entire system of justice comes down to one person: you, the juror. Taking the time to serve as a juror, to listen to all the evidence and to decide honestly and fairly is perhaps the most important duty a private citizen can perform. There is no question that everyone's time is valuable, and that taking the time to serve as a juror might seem inconvenient, but it is time well spent, as our justice system depends on it. Citizens of this country enjoy freedoms and legal rights many in other countries only dream of. The protection of our rights and liberties is achieved through a strong court system, and serving as a juror is a cornerstone of the system.

Hopefully the crack down on no-show jurors will lead to an improvement in the overall number of people who are showing up for jury duty, and the trend in Fulton County will not spread to other areas of the metro Atlanta area. Fulton County Lawyers, prosecutors and judges depend on jurors for the system to work. Jurors bring the common sense and values of the community into the courtroom to resolve disputes and it is important the entire community be represented for our justice system to work effectively.

As of July 1, 2011 any child who has not reached the age of 8 must be restrained in a car or booster seat while riding in any vehicle. In addition, the car seats must be in the back seat, and the seats must be designed for the proper age, weight, and height of the child, as well as meet all U.S. Federal Guidelines.

Motor vehicle accidents are the leading cause of death from children 3 to 14 years old, but when they are properly restrained it greatly reduces the risk of injury against everything from sudden stops to head-on collisions. Children who do not use child passenger seats are three times more likely to be injured than those who are using them. It is also very important to use child seats properly per the manufacturing guidelines as research shows that nearly 75 percent of child safety seats are not properly installed.

The Georgia Office for Highway Safety director Harris Blackwood, calls this new law, "a landmark in child safety." Blackwood feels that the new law greatly improves the overall safety of 6 and 7 year olds riding in cars in Georgia.

The new law will apply to passenger vehicles, vans, and pickup trucks. It will be a few months before law enforcement will fully enact the law, but the first violation of the car seat law will result in a $50.00 fine, while second and subsequent convictions will result in $100 fines. The first conviction will add one point to a driver's license, and the second and subsequent violations will add two points. Repeat offenders may also face losing their license all together.

Continue reading "Preventing and Reducing Auto Accident Injuries and Deaths, the Goal of Georgia's New Car Seat Law" »

Winston Churchill once said "A lie gets half way around the world before the truth has a chance to get its pants on." Unfortunately this is the case with the civil justice system. If you are an HBO subscriber, the new documentary "Hot Coffee" is definitely worth taking the time to watch. The documentary, made by Susan Saladoff, takes a look at tort reform in America, and provides a look into the other side of the argument of so called "frivolous," lawsuits. "Hot Coffee" tells the story of four families who have been left emotionally and financially devastated by caps on punitive damages and mandatory arbitration. It also seeks to dispel the myth that American courts are currently flooded with "frivolous" lawsuits.

One of the main stories of the documentary is the lawsuit of Stella Liebeck, better known as the woman who sued McDonald's over burns she received from a cup of coffee purchased from the restaurant chain. This is the lawsuit that everyone seems to use when they use the term "frivolous" lawsuit. What the documentary points out is that McDonalds and other corporations used this case by twisting the facts to promote tort reform, claiming that this was a ridiculous lawsuit, and turning Ms. Liebeck into the punch line of jokes all over the country. In reality Ms. Liebeck was a 79-year-old woman who was burned so severely while attempting to put cream and sugar in her cup of coffee that she required skin grafts. When Ms. Liebeck brought the suit she was only attempting to cover the difference in her medical cost and what Medicare was paying. On top of that, McDonalds had already received over 700 complaints of coffee burns that they were keeping at between 180 and 190 degrees Fahrenheit, but these are the details that McDonalds managed to keep out of the media all these years to promote their own interest.

Ms. Saladoff says she made the documentary because she wants people to be empowered to take our justice system back. She believes that the American civil justice system has been hijacked by groups like the U.S. Chamber of Commerce who are only concerned with the economics of big business interest, and have no concern for the public at large. Saladoff has also created a Hot Coffee "Take Action" page, for people feel strongly about her film, where she shows many things you can do to fight against corporate interest trying to take away American's rights in the civil justice system.

Regardless of your feeling on tort reform, the documentary is a thought provoking look into the other side of the tort reform argument that is rarely heard by the American public. Here at the Persons Firm we are thankful that Ms. Saladoff took the time to tell this powerful story.

In a 5-4 decision on Thursday, the United States Supreme Court ruled that manufacturers of generic pharmaceutical drugs could not be sued under state law over allegations that they failed to provide adequate label warnings about potential side effects. This ruling should be of a great concern to anyone who uses generic pharmaceuticals.

In the original lawsuit, Gladys Mensing, alleged that taking a generic form of metoclopramide, a common drug used to treat heartburn, gave her a severe neurological movement disorder. None of the generic manufacturers and distributors of metoclopramide made any effort to include warnings on the label for metoclopramide. Manufacturers of the generic metoclopramide, Teva Pharmaceutical Industries, UDL Labratories, and Actavis Inc. argued that federal law barred such a suit becausethe drug is approved by the FDA, (federal law requires generic drugs only to have the same labels as their brand name equivalents). They argued that because government regulations only require them to have the same label on metoclopramide as is on its brand name equivalent, Reglan, that they had no duty to include additional warnings for their generic form of metoclopramide.

The majority of the court, including Justice Clarence Thomas, who wrote the opinion, sided with the pharmaceutical companies. Thomas stated in his opinion that the federal drug regulations applicable to generic drug manufacturers directly conflict with and thus pre-empt state lawsuits. The net effect of this opinion is that it gives generic drug manufacturers zero liability for medication injuries that could have been avoided by an updated warning label.

Continue reading "Product Liability Update; Many Stunned by U.S. Supreme Court's Ruling On Generic Drugs" »

If you are the owner of one of the 3 million Jeep Grand Cherokees made between 1993 and 2004 there may be cause for concern. The consumer watchdog group, The Center For Auto Safety, is pushing the U.S. Government for a recall of a poorly protected fuel tank that is causing fire in some rear-end crashes in the Jeep Grand Cherokee. The National Highway Traffic Administration (NHTSA) acknowledges that there have been 44 Grand Cherokee Crashes and 55 deaths since 1992 where fire was listed as the most harmful factor.

The problem stems from the placement of the fuel tank in the 1993 - 2004 Jeep Grand Cherokee. The tank, which is made of plastic, is positioned below the rear bumper and behind the rear axle, which provides very little protection to the tank in the case of a rear end collision. Paul Sheridan, a former safety manager at Chrysler, says that the "design of the tank if a fundamental safety defect. No Question about it." Sheridan explains that when one of these Jeep's is hit from behind that another vehicle could easily slide under the rear bumper of the Jeep and tear the tank open. This creates a situation where gas covers the interior of the Jeep creating a potential disaster if there is any sort of spark.

Continue reading "Dangerous and Defective Product Update; Safety Advocates Demand Recall of '93-'04 Jeep Grand Cherokee" »

As dog bites have become more and more of a problem throughout metro Atlanta, one community has decided to try and combat the problem. City officials in College Park are now requiring dog owners of breeds deemed "potentially dangerous" to register with the city and pay an yearly fee of $25.00. The dogs must be registered whether they have bitten someone or not. The breeds include:

-German Shepard
-Rottweiler
-Doberman
-Staffordshire Bull Terrier
-American Staffordshire Terrier
-Pit Bull
-American Pit Bull Terrier

Dogs not included in this list that have bitten someone in the past without provocation must also be registered with the city. If owners do not abide by the new rules they will face fines.

Continue reading "New Dog Bite Laws for the City of College Park " »

Interstate 75 was the scene of another fatal tractor-trailer crash this past Saturday night. WSBTV reported traffic was stopped on I-75 because of construction, when a tractor-trailer driven by Henry Lipps crashed into multiple cars. At least four adults were seriously injured and a 6 month old baby was killed. Mr. Lipps was charged with second degree vehicular homicide (a misdemeanor) and following too closely.

According to Cobb County Police, the 18-wheeler never hit his brakes before impact. At this point it is obviously too early to tell why Mr. Lipps did not brake. Even professional drivers can get distracted and make mistakes. However, often in collisions like this, driver fatigue is a factor. Experienced Georgia trucking lawyers will tell you the unfortunate truth is some trucking companies pressure their drivers into violating The Federal Motor Carriers Requirements limiting hours of service. Law enforcement in Cobb County takes all trucking fatalities very seriously and there will certainly be a thorough investigation. If it is determined that Federal Regulations were being violated by the driver and/or the trucking company, for the sake of the impacted families, I hope the driver and trucking company will be held accountable.

The National Association of Insurance Commissioners' eighteen month investigation of Allstate's claims handling practices ended this month with Allstate agreeing to pay a $10 million dollar settlement. The primary focus of the investigation and settlement relates to Allstate's use of a claims handling software called Colossus. Allstate has agreed to make several changes to it's claims handling policies. However as a injury claim lawyer, I still advise caution when dealing with giant insurance companies like Allstate.

Their are many types of insurance claims where hiring a lawyer is typically not necessary, such as clear liability property damage claims. When dealing with a company like Allstate, whether you hire a lawyer or not, it's always a good idea to at least consult with a lawyer. Most personal injury lawyers provide free consultations and information gathered from a lawyer consultation can be an invaluable resource for determining whether you are being treated fairly by an insurance company.