Articles Posted in Marietta & Cobb County

Cobb State Court.jpgThis week a Cobb County jury awarded, 77 year old, Ramona Roper a $1.1 Million dollar verdict for the shattered pelvis injury she suffered from a dangerous and defective vehicle. Ramona worked full time as the City Clerk for the City of Jasper for 30 years. She lived on her own and had a very active lifestyle before the incident.

The case involved a 1994 Dodge Intrepid. It had a defective gear shift assembly which caused it to move out of park when the keys were out of the ignition. Chrysler recalled the Intrepid in 2004. Ramona took the car into Jasper Jeep to have the recall work done on three separate occasions between 2004 and 2007. The first two times the recall part was not in. The third time, the Jasper Jeep technician did not perform the recall work properly.

Shortly after the negligent repairs, Ramona was dropping off some food for her grandchildren when the incident occurred. Her three year old granddaughter reached into the center console of the car to pick up a drink and put her hand on the gear shifter causing it to shift out of park. Ramona’s driver side door knocked her over and the car ran her over. Had the repairs been performed correctly this incident would have been prevented. She suffered numerous fractures to her pelvis, was hospitalized for a week and was in a nursing home for approximately 6 weeks for recovery.

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GeorgeTSmith.jpgLast night the Cobb County Bar and State Bar of Georgia lost a true legal legend, George T. Smith. He was one of the first lawyers to welcome me to the bar when I arrived in Marietta as a baby lawyer, over a decade ago. George T. was in his early 80s then and an active member of the bar. He was humble, pleasant, and sharp as a razor.

Known as one of the most versatile men in Georgia politics, George T. had one of the most impressive legal resumes imaginable having served at the highest levels of all three branches of government; Georgia Supreme Court Justice, former Speaker of the Georgia House of Representatives, and Lieutenant Governor. He died last night at age 93. According to his law partner, Tom Browning, George T. was still practicing law until six weeks ago and last year he tried a jury trial. He truly was an inspiring figure.


Avvo is a leading lawyer rating website that rates and profiles lawyers in every state to help consumers evaluate and select an excellent lawyer for their needs. The primary focus of Avvo’s ratings are 1) Experience, 2) Industry Recognition, and 3) Professional Conduct. Recently, they have given Persons Firm attorney, Ben Persons, Avvo’s highest possible endorsement 10 out of 10, Superb. The Persons Firm is proud to congratulate Ben Persons on this prestigious achievement.

crime stoppers.jpgAtlanta has seen a flood of wrongful death and catastrophic injuries caused by hit and run drivers this summer. Numerous metro area police departments are pursuing active hit and run investigations. This week DeKalb county caught the man believed to be responsible for the fatal hit and run collision on Flat Shoals road June 12, 2010. The man charged with vehicular homicide is a Cobb County school administrator and WSBTV has the full story.

According to police investigators, a Crime Stoppers tip led to the accused’s arrest in this case. It is good to see the victim’s family get justice thanks to programs like Crime Stoppers. The program works. If you have information about a hit and run incident or other crime you can call Crime Stoppers at (404) 577-TIPS, (404) 577-8477.

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On June 21st, the Persons family was blessed with our third child, Oliver Samuel. Fatherhood has once again become a wonderful distraction. As you can tell, blogging has taken a back seat to rocking the baby and I haven’t written an article in weeks. Now you know why. Here is a picture of baby Oliver, the newest love of my life.

marietta.jpgToday the Cobb County Trial Lawyers Association named it’s new slate of officers for 2010. The Persons Firm, LLC is pleased to announce our managing partner, Ben Persons, was named Secretary for 2010. Also elected into leadership positions were Randy Rogers (President) and Aaron Strimban (Treasurer).

“The Cobb County Trial Lawyers Association is made up of some of the most respected, accomplished, and skilled trial lawyers in the country. I am honored to be elected to a leadership position by such a distinguished membership. I look forward to serving as Secretary in 2010” stated Mr. Persons.

The Cobb County Trial Lawyers Association is a section of the Cobb County Bar Association and a local affiliate of the Georgia Trial Lawyers Association, and is dedicated to promoting civil justice and protecting the constitutional right to trial by jury.

With the Supreme Court of Georgia’s recent monumental decision on medical malpractice damages caps, the tort reform debate is back in the news. As a Marietta Medical Malpractice Lawyer, when I saw that Joe Kirby (Editor of the Editorial Page of the Marietta Daily Journal) had written an article on medical malpractice damages caps, I was curious to see what his take on the issue would be. The MDJ’s Editoral Page has a long standing reputation as a respected conservative voice for Metro Atlanta.

Mr. Kirby’s article on med mal tort reform is a refreshing look at the issue without a political bias. If you are interested in learning more about the practical effect of tort reform I recommend you read this MDJ article.

ARC.jpgMost of us are familiar with the heroic efforts of the American Red Cross in responding to catastrophic disasters across the world. When earthquakes hit, we know the Red Cross will be there shortly to protect life and alleviate human suffering. However, the Red Cross doesn’t get nearly enough publicity for their amazing humanitarian efforts in our community.

In September of last year, the Atlanta metro area experienced the worst flood in over 100 years. More than 60 roads were washed out and even major interstates were shut down. Families in 23 counties were displaced by the rising waters. Many died, thousands were in need. The Atlanta chapter of the ARC was on the ground helping displaced families, with food, water, clothing, and shelter, before the Governor had even declared a state of emergency. Cobb County was one of the hardest hit and the American Red Cross transformed the Cobb Civic Center into refuge of hope for hundreds of flood victims. The Red Cross literally saved the day right here in our community.

If you would like to donate to American Red Cross Disaster Relief, please click on the American Red Cross banner on the bottom right hand side of the page.

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marietta dui.jpgIt is an unfortunate fact that drunken drivers pose a significant risk to motorist traveling in and through Cobb County. The danger of becoming victim of DUI is even greater on week-end nights. According to WSBTV a suspected drunk driver crashed into a Cobb County Police Officer’s cruiser at 11:30 Friday night. The officer was parked with his emergency lights on, helping with lane closures for road construction on Interstate 575 south at the Bells Ferry exit.

From review of the scene photographs this was clearly a tremendous and horrible impact. Both the officer and the suspected drunk driver were injured. The officer was transported to Kennestone Hospital with head injuries. My wife and Iare praying for a quick and full recovery for the injured officer and the other driver.

sign3.jpgAccording to the Atlanta Journal-Constitution, Marietta police prevented a potentially deadly situation when they apprehended Leonel Rodriguez driving the wrong way southbound on I-75. Early Saturday morning, September 27, Mr. Rodriguez was arrested for suspicion of DUI and numerous other offenses after driving his truck the wrong way on I-75 at speeds around 85 mph.

Marietta Police spokesman, Mark Bishop, had high praise for the officers that made the daring stop. “In this situation, our officers have the right to use deadly force,” Bishop said. “Both took a great chance in this situation with their lives.”

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