Atlanta Injury Lawyer Blog

Is Georgia State Trooper Liable for the Car Wreck He Causes?

January 17, 2012 | Robin Frazer Clark

In the wake of the tragic New Year’s Eve car wreck that killed Kathy Porter, the wife of Atlanta Braves trainer, Jeff Porter, many lay folks have asked me, since my practice in Atlanta is exclusively plaintiff’s personal injury, whether the Georgia State Patrol or the individual Georgia State Trooper would be liable for causing this wreck. There seems to be absolutely no dispute the Georgia State Trooper was at fault in causing this wreck. http://www.ajc.com/news/atlanta/witness-gives-account-of-1283677.html The question arises, however, whether the State of Georgia would be liable for the State Trooper’s recklessness? Or would the State of Georgia be able to avoid liability by asserting the doctrine of Sovereign Immunity, which allows the State in some instances to avoid civil liability completely?

The Georgia State Tort Claims Act (GTCA) allows injured individuals to hold the State of Georgia responsible for their injuries caused by the negligence or carelessness of State actors/employees in limited scenarios. First, the injured party must give the State of Georgia and the agency involved “ante litem notice,” or notice of the intent to bring a claim against the State, within 12 months of the negligent act or incident. Then the negligent act must fit squarely within the types of act for which the GTCA allows liiability; there are many exceptions in the statute itself.

And there are some trade-offs for even being able to bring suit against the State of Georgia. For example, one such trade-off is that the State’s liability for anything, no matter how egregious the conduct, is limited to $1 Million dollars. That means in any case in which a State employee’s negligence results in the death of another human being, the most the family of the decedent can recover is $1 Million dollars. And surely we can all agree that the value of the life of anyone is greater than a mere $1 Million dollars. Another such trade-off is the State of Georgia can never be punished by punitive damages, regardless of how unconscionable the subject incident was. For example, in the Kathy Porter case, there is evidence that this particular State Trooper had caused four prior wrecks. If we were talking about a private corporation’s employee who had caused four prior wrecks and killed someone in his fifth, a jury could decide to punish that corporation for continuing to employ that reckless employee by awarding punitive damages against the employer. Not so against the State of Georgia.

Abandoned Property Is Often An Invitation to Crime

December 9, 2011 | Robin Frazer Clark

Just hours after I blogged about the killing of little Jorelys Rivera, we all learned that the perpetrator was an employee of the apartment complex where Jorelys lived. The horrible crime occurred in a vacant apartment that perpetrator knew was vacant and had easy access to, especially since he was the apartment’s maintenance man. Before I knew any of this, I had already suggested that whoever had done this horrific deed had access to the vacant apartment and knew it was vacant, essentially giving the perpetrator the perfect placd to committ his crime. How did I know before the GBI ever disclosed these facts to the public? Because this is a fact pattern that often repeats itself and as a plaintiff’s personal injury lawyer in Atlanta, I see this in the civil premises safety cases I bring for clients.

Now I read in the Atlanta Journal and Constitution online today a story about another hideous crime, this time the rape of two women. I have often represented such crime victims in civil personal injury lawsuits here in Fulton County, Georgia, against the negligent property owners. Property owners, especially commercial property owners like the apartment complex where Jorelys was killed, know that vacant, abandonded property is a haven for crime. These property owners have a duty to eliminate that risk, to use ordinary care to keep the premises safe. These owners cannot claim they had no idea that a unforseen criminal attack would occur on their property, because they absolutely know if they have vacant property that a criminal can easily gain access to, they are essentially aiding and abetting the crime by furnishing the scene of the crime. This is what happened in these two rapes in Atlanta today and this is what happened in the death of Jorelys Rivera. And with so many homes in Atlanta and in Georgia under Foreclosure now, the problem of anbandoned property is growing.

Apartment Complex May Have Civil Liability in Abduction of Seven Year Old Canton Girl

December 6, 2011 | Robin Frazer Clark

The news this week of the tragedy of the death of seven year old Jorelys Rivera was horrifying. Little Jorelys Rivera had been playing on the playground at her apartment complex, River Ridge, in Canton, Georgia, told friends she was going back to her apartment to get a drink, and never returned. Her little body was found in a nearby garbage dumpster yesterday. There was evidence that Jorelys’ abducter had sexually abused her and stabbed her.

Investigators with Georgia Bureau of Investigation (GBI) now report they found blood in a vacant apartment in the River Ridge Complex. This is crucial evidence, as it perhaps not only indicates the exact place of the death, but also implicates liability on the apartment complex for having a vacant apartment that was accessible to anyone, including Jorelys’ abducter. Further, it indicates her abducter may have known in advance of the vacancy of the apartment and his easy ability to enter it without a key and without any apparent force. Additionally, the playgound from which she was abducted was owned by River Ridge.

Under Georgia law, O.C.G.A. Section 51-3-1, a landowner has a nondelegable duty to keep its premises and approaches safe. This means they can’t pawn this duty off on someone else. Property owners are under a duty to take reasonable precautions to protect invitees from dangers which are foreseeable from arrangement and use of premises. In this context, any renter and any family member of the named renter living in the rented apartment would be considered an “invitee” for these purposes, to whom the landlord owes the highest duty of care, that of “reasonable care.” Thus, from the mere fact that this child’s abducter ostensibly knew of this vacant apartment and knew that he had unfettered access to it away from witnesses indicates to me that the landlord must not have exercised “reasonable care” to keep the premises safe so as not to allow a vacant apartment be used for criminal purposes. Landlords must be trained to be diligent in blocking access to vacant apartments or vacant buildings, as statistics show that criminal abducters are more likely to abduct someone if they know in advance they have access to a place to take their victim.

Talking on Phone While Driving Distracts Georgia Driver, Kills Two Teenagers

August 26, 2011 | Robin Frazer Clark

I often represent the familes who have lost loved ones in car wrecks on Metro Atlanta roads. It is always a painful time as they share with me the details of their loved one’s death. Last night’s killing of two teenagers by a distracted driver must be one of the worst things these two families have ever gone through and my heart goes out to them. Last night two teenagers were killed while walking in the emergency lane of Georgia Highway 138 in Stockbridge, Clayton County, Georgia. A third teen was struck in the same collision and remains hospitalized in critical condition.

We all know by now that texting while driving (TWD) is illegal. But there is strong evidence that simply talking on a cell phone while driving is just as distracting. In the Clayton County collision last night, the at-fault driver apparently was arguing with her husband on the phone. This argument or “conversation” was distracting enough to cause her to leave the laned highway, go into the emergency lane and strike three pedestrians, hard enough to kill two and seriously injure one. What in the world is going on here in Georgia with distracted driving? This is a problem that should worry us all, whether we’re in another car or pedestrians.

The hitting of pedestrians in Atlanta and Georgia has become all too commonplace. Just two weeks ago a man was sentenced to 20 years in prison for vehicular homocide in striking and killing a pedestrian in Carroll County, Georgia. Earlier this month a Georgian citizen who was a pedestrian was struck and killed by a car on Savannah Highway. Most of us have heard about the mother in Cobb County whose child was struck and killed as a pedestrian crossing busy Austell Road and the Cobb County District Attorney proscecuted the mother for vehicular homocide, even though she and her children were pedestrians.

Precious Georgia Teen Saves Lives Through Organ Donation

August 19, 2011 | Robin Frazer Clark

In my personal injury law practice here in Atlanta, I have had the honor of representing individuals who are in need of a transplant. The recipients of these vital organs know that while they rejoice in the gift, another family had to suffer a tragic loss for the organ even to be available.

Such a tragic loss occurred to the Dillard Family of Gwinnett County yesterday. Jhrarell Dillard, a fifteen year old junior in high school, died yesterday after eating a cookie that unknowingly contained nuts. Jhrarell had a known severe allergy to peanuts. Jhrarell immediately went into antiphalactic shock and died from eating the cookie. His parents, at a time that must have been excrutiateingly painful for them, chose to donate his organs. Jhrarell has apparently already saved seven other lives through donation of his organs. Truly amazing. I know those seven lucky families are rejoicing today in their gifts of life, but we must continue to hold the Dillard Family in our prayers as they mourn the loss of their son.

Alarming New Study on Georgia Hospital Infection Rates Opens Discussion for Healthcare Law Reform

July 11, 2011 | Robin Frazer Clark

As a plaintiff’s personal injury attorney who handles Georgia medical malpractice cases, it has always troubled me that Georgia hospital infection rates have never been accessible to the common consumer. Patients are left in the dark about which hospitals offer safe environments in terms of deadly infection rates. This may soon change. A new medicare database has recently issued an unprecedented study on hospital infection rates in Georgia that will finally shed light on this controversial healthcare topic.

Georgia currently has no laws requiring hospitals to disclose their infection rates to the public. Instead, the Department of Community Health (DCH) exclusively monitors infections and works with the CDCP to address any issues or causes for concern. This leaves the public completely ignorant and, therefore, incapable of making an informed decision about which hospital can offer the safest facilities.

I will never understand why restaurants are required to post their health inspection scores for all to see, but hospitals, where people entrust their own lives, have the luxury of withholding their uncleanliness and infection rates from the public. I think I speak for many when I say that having peace of mind before entering surgery is perhaps a little more important than having it before eating a sandwich at the local deli.

Georgia State Agency Admits Failure Regarding Day Care Van Death

June 27, 2011 | Robin Frazer Clark

Georgia Department of Early Care and Learning is drafting an emergency rule change one week after the death of 2-year-old Jazmin Green, according to WSB-TV. My question, as an Atlanta plaintiff’s personal injury trial lawyer, is this: Why does a child always have to die first before our Georgia Agencies do their job? The job they were created to do in the first place? How many Georgia children have to die before Georgia Agencies like Georgia Department of Early Care and Learning (DECAL) or Georgia Department of Family and Children Services (DFACS) do what they are supposed to do, i.e, protect Georgia children?

The death of Jazmin Green was a horrible realization that these State Agencies are woefully inadequate and give “protection” of Georgia children lip service. Little Jazmin simply should not have died if DECAL had not been asleep at the switch. Yet DECAL knew of potentially death-causing deviations of the required standards by this day care center, Marlo’s Magnificent Day Care, as evidenced by DECAL’s own inspection reports, and did nothing. A civil wrongful death suit can be brought against Marlo’s, as it should be, for the wrongful death of Jazmin. But no such civil suit can be brought at DECAL due to sovereign immunity. We know, however, that a civil jury would do the proper thing to DECAL to get its attention and tell DECAL what it is doing regarding the safety of our children is not working. A jury made up of mothers and fathers would let DECAL know what it did wrong here, but, unfortunately, that won’t happen. The parents of Jazmin need justice. Her heart has now been sealed for thy courts above. The Courts here in Georgia need to render justice for those Jazmin left behind.

GEORGIA DAY CARE’S NEGLIGENCE RESULTS IN WRONGFUL DEATH OF 2 YEAR-OLD IN AN UNATTENDED COMPANY VAN

June 22, 2011 | Robin Frazer Clark

child%20car%20seat.jpg As an experienced Atlanta, Georgia trial lawyer, I’ve successfully argued numerous day care personal injury and wrongful death cases over my years of practice. Nothing is more heartbreaking and frustrating than a preventable death, especially if the victim happens to be a child. So when I first learned of the recent news that a 2 year-old girl died under the noses of local day care employees, my heart sank.

The victim was left unattended for nearly two hours in a van, where temperatures quickly soared to a sweltering 140 degrees. Confined by the straps of her car seat with no means of escape, the child was left to suffer a lengthy, horrific end to such an abbreviated life. Police arrested Marlo Maria Fallings, the administrator of Marlo’s Magnificent Early Learning Center near Jonesboro, Georgia and her staff member, Quantabia Shantell Hopkins, on Tuesday, June 21. They are both being charged with involuntary manslaughter, cruelty to children and reckless conduct. They have already been released on $35,000 bond. These charges certainly fit the crime, however, more action needs to be taken in order to send a message to day care centers throughout the state that negligent conduct is a serious offense and will not be tolerated.

There may have been warning signs about the Clayton County Day Care Center. In March, Bright from the Start, the State agency that regulates day care centers, cited the center for not documenting a field trip and the children who were transported, according to the report. The report itself says the regulation was only “partially met” but, really, it was totally unmet. The report states:

Robin Frazer Clark Sworn In As President Elect, State Bar of Georgia

June 9, 2011 | Robin Frazer Clark

FOR IMMEDIATE RELEASE CONTACT: Sarah I. Coole

June 6, 2011 Director of Communications

404-527-8700; 800-334-6865

Georgia Parents Lucky No Deaths in Most Recent Bus Crash

April 11, 2011 | Robin Frazer Clark

bus%20crash.jpg

Many Georgia parents are saying prayers of thanks tonight that no one was injured in the latest bus crash in Georgia. This latest crash near Macon, Georgia involved a bus loaded with Gwinnett County students coming home from Orlando, Florida following a school choir trip. Many of the bus passengers were injured, many with broken bones and other orthopedic injuries. I am sure this most recent bus crash has reminded many of us of the Bluffton, Ohio bus crash, also on I-75, that occured in 2007 here in Atlanta. Obviously, a parent’s worse nightmare.

Reports indicate the bus driver may have been following another vehicle too closely, leading to the wreck. Parents also report not being told of the accident for hours. Forty-seven (47) passengers were reportedly injured.

This bus crash also brings to light the issue of having seatbelts in buses, and I mean buses of any type, from charter buses like this one to Georgia school buses. With Bluebird bus manufacturer in Georgia, the country’s largest manufacturer of school buses right here in our very own state, it makes one wonder how many more people, including children, will have to be injured before seatbelts are made mandatory. I advocated this back in 2007 with the Bluffton crash. Had there been seatbelts in the Bluffton bus, lives would have been saved and young men would not have become paralyzed.