Marietta Injury Lawyer Blog

Nashville, Tennessee Desperately Needs Help With Flood Relief; Consider Donating to the American Red Cross

May 6, 2010 | Benjamin S. Persons, IV

Saturday, Tennessee was hit by one of the most severe floods in U.S. History. In Nashville, the Cumberland river lifted 12 feet over flood stages, flooding the city, and causing an estimated $1 billion dollars in damage. On Tuesday as the river began receding, nearly 30 deaths have been blamed on the storm, and many are still unaccounted for.

Many around the country are wondering how they can help Tennessee in it’s time of need. My suggestion is the American Red Cross. Since Saturday, the Nashville Area Red Cross has housed 900 displaced people in emergency shelters and distributed 7,500 meals in the immediate Nashville area. The Red Cross has already done a tremendous job responding to this disaster, however, there is much work yet to be done. The Red Cross NEEDS our donations. To make a donation click here, or click on the Red Cross banner on the bottom of the page, or text REDCROSS to 90999 to make a $10 dollar donation, or call (615) 250-4300 to make a donation by phone.

Video – Deadly Collision Caused by Texting Driver

May 3, 2010 | Benjamin S. Persons, IV

Texting while driving, is known by prosecutors and personal injury lawyers as the new DUI/DWI. Georgia will soon become one of the 20 states that bans texting while driving. With legislation and driver education we can hopefully prevent fatal collisions like what occurred in the video above.

Georgia Bans Texting While Driving

April 29, 2010 | Benjamin S. Persons, IV

Presuming the Governor signs off on the new legislation, it will soon be illegal to text while driving in Georgia. Personally, it seems odd we need a law to tell people to refrain from typing messages on their smartphones while operating a two ton metal box in speeds in excess of 70 miles per hour, but we do. As a Georgia personal injury lawyer, I’ve seen way too many deaths and catastrophic injuries caused by driver distractions, such as texting and talking on cell phones. I was pleased to see the Georgia Legislature address the problem.

As the recent legislative session closed, two bills passed addressing this issue. First, SB 360 (also known as the Caleb Sorohan Act) bans texting while driving. The act was named for a Georgia teen that died while texting and driving. Also passed was HB 23, which prohibits teen drivers from using a cell phone for any purpose while driving. The fine for either offense is $150.00.

As we have previously discussed on this blog, recent studies suggest driving while distracted by a cell phone increases the risk of a collision twice as much as driving while intoxicated (.08 Blood Alcohol Content). While enforcement of these laws may prove difficult at times, this is an important issue that needed to be addressed. This Legislation is a step in the right direction and hopefully many tragic collisions will be avoided.

Toyota to Recall the 2010 Lexus GX 460

April 21, 2010 | Benjamin S. Persons, IV

In last week’s blog I passed on Consumer Reports warnings concerning the new Lexus GX 460. Toyota initially responded to the report stating “We’re concerned with the results of Consumer Reports testing on the Lexus GX 460 and their suggested buyer recommendation. Our engineers conducted similar tests during the development of the new GX and had no issues…Please keep in mind that the 2010 GX 460 meets or exceeds all Federal Government test requirements.”

On Monday of this week, Toyota said they are recalling the Lexus GX 460 and they have a software update that will fix the problem. According to Consumer Reports, the vehicle is susceptible to serious rollover collisions due to a steering problem that the electronic stability control system fails to correct. If the software fix works, this is good news for consumers unfortunate enough to have purchased this vehicle. However, what puzzles me is how Toyota claims there was no problem on April 13th, then a few days later, on April 19th has a software update developed that will fix the problem. Based on this time line, it certainly appears that Toyota had a software fix waiting just in case anyone caught the safety issues with their new luxury SUV. If that is the case, then Toyota has been caught once again putting consumers at risk by failing to report known safety issues.

Consumer Reports Video, Don’t Buy the Lexus GX 460

April 16, 2010 | Benjamin S. Persons, IV

In our Marietta injury lawyer blog, we recently discussed the safety concerns with the new Lexus GX 460. Consumer Reports has also released some video of the problematic Lexus SUV being tested on their handling course in East Haddam Connecticut. The above video illustrates Consumer Reports’ concerns with this vehicle.

Consumer Reports Warns the Lexus GX460 is a Safety Risk

April 13, 2010 | Benjamin S. Persons, IV

Toyota, the parent company of Lexus, got more bad news this week when Consumer Reports published the results of their safety testing on the Lexus GX460. Testing on a handling course indicated the SUV was a rollover risk in real-world driving situations. At the Consumer Report test track, during tight turns the rear of the Lexus GX would slide out until the vehicle was sideways before the electronic stability control system would kick in. This is significant, because If a motorist encountered a similar situation this could cause a rollover accident resulting in serious injury or death.

The test performed is called a lift-off oversteer, and it’s a test Consumer Reports does on every vehicle they evaluate. They have tested 95 various SUVs and no vehicle has done as poorly as the Lexus GX 460. Product liability lawyers and other consumer advocates are taking this report very seriously, as this is the first time Consumer Reports has designated a vehicle’s performance as not acceptable since August of 2001. Right now consumers are urged to refrain from buying this vehicle until this problem is fixed. Those that have already purchased the vehicle are being asked to use extreme caution while driving and to contact Lexus and/or Toyota to see if a fix has been developed.

Editorial on Georgia’s Medical Malpractice Tort Reform

March 29, 2010 | Benjamin S. Persons, IV

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.

CARE Continues Life Saving and Life Sustaining Mission in Haiti

March 26, 2010 | Benjamin S. Persons, IV

In the wake of the unprecedented disaster in Haiti, many of us feel the need to do something to help. If you are inclined to help, CARE is an amazing organization with an established long term mission in Haiti. Founded in 1945, CARE is one of the world’s largest humanitarian organizations and they have been fighting against poverty in Haiti since 1954.

In the days following the devastating earthquake, several of my colleges in the Georgia Trial Lawyers Association gave thousands to CARE and inspired me to give as well. It was not until I received a very sweet thank you note from someone at CARE that I began to really research this organization and I have been very impressed. CARE has a comprehensive five-year, $100 million plan to help rebuild Haiti that includes:

Short-term – CARE distributed food, water purification packets, water, hygiene kits, shelter kits, jerry cans, emergency housing repair kits, blankets, mattresses, newborn kits and clean delivery kits. CARE has reached nearly 300,000 people in the country, with most of the distributions given to women, who then share the resources with their families.

Funny Personal Injury Lawyer Advertising

March 25, 2010 | Benjamin S. Persons, IV

I have no idea what is considered effective television advertising for personal injury lawyers. However, I love funny ads, and this one is seriously funny. Interestingly enough, this commercial also makes a good point, before you pursue a case you need legitimate damages.

Georgia Medical Malpractice Damages Caps Ruled Unconstitutional by the Georgia Supreme Court (Nestlehutt Case)

March 22, 2010 | Benjamin S. Persons, IV

In 2005, under extreme pressure from the insurance industry, the Georgia Legislature passed sweeping tort reform measures (known as SB3) drastically changing Georgia law. At the heart of SB3 is OCGA § 51-13-1, which limits noneconomic damages in medical malpractice actions. Under this law no matter what value a jury places on a human life, the loss of a limb, the ability to see, or other catastrophic injury the award must be reduced to an arbitrary limit imposed by the Legislature. Today, the Supreme Court of Georgia in an unanimous 7-0 decision, Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt et al., held noneconomic caps on damages unconstitutional.

The Supreme Court ruled “OCGA § 51-13-1 clearly nullifies the jury’s finding of fact regarding damages and thereby undermines the jury’s basic function…Flat caps on noneconomic compensatory damages…violate this State’s constitutional guarantee that ‘the right to trial by jury shall remain inviolate.'”

As one who believes in protection of our sacred constitutional rights and also a strong believer in victims’ rights, I could not be more pleased with the Supreme Court’s decision. Today is a great day for Georgia and for Betty Nestlehutt. Click here to watch Betty Nestlehutt’s story.