The Supreme Court of Georgia will soon rule on this issue, i.e., whether the Georgia Legislature’s imposition of an arbitrary cap of $350,000.00 on damages in medical malpractice cases violates the 7th Amendment Right to a Jury Trial under the United States and Georgia Constitutions. The case pending before the Georgia Supreme Court right now on this issue is Nestlehutt v. Atlanta Oculoplastic Surgery, P.C., d/b/a Oculus. I have filed an Amicus Brief with the Georgia Supreme Court in support of Mrs. Nestlehutt and in support of the position that such arbitrary caps on damages do, indeed, violate your 7th Amendment right to a jury trial. The Nestlehutt case involved cosmetic surgery that disfigured Mrs. Nestlehutt permanently. A Fulton County, Georgia jury, who heard all the facts and considered all the evidence in the case, returned a verdict for Mrs. Nestlehutt and her husband in the amount of $1.2 Million. Under the caps law, this would have been written down to $350,000.00; however, the trial judge found the caps law to be unconstitutional. And so, Oculus appealed that outcome to the Georgia Supreme Court.

Other media have referred to this case simply as a “botched facelift” case. This does not, however, adequately portray the injury Mrs. Nestlehutt sustained and the horrible pain and suffering she has endured since that careless surgery. Below is a video that shows the after-surgery photographs of Mrs. Nestlehutt so that NO GEORGIAN thinks this is simply a “botched facelift” where the patient simply doesn’t think she looks as good afterward as she should. It was a horriffic injury and after watching the video below, I think you will agree that the original jury’s award of $1.2 Million was proper. Thanks to her attorney, Adam Malone, for sharing this powerful video with me. I want all Georgians to watch it. Thanks to Mrs. Nestlehutt in having the courage to share it and the courage to fight this battle.

WE THE PEOPLE from Georgia Justice on Vimeo.

I was right. I wrote in my February 18, 2010 blog entry that I suspected a defect in the Chrysler Sebring caused the car to unexpectedly roll over a child in Fayette County, Georgia. It was reported the key was out of the ignition and the car was in park at the time it ran over the child. Now, the Fayette County Sheriff’s Office confirms my suspicion that it was, indeed, a manufacturing defect in the car that caused the tragic and utterly unnecessary death of this child. The vehicle had a defective ignition park interlock that caused it to slip out of park, roll down a driveway and strike the victim, according to Capt. Brian Eubanks of the Fayette County Sheriff’s Office.

My heart goes out to this family. One more death at the hand of a car manufacturer is one too many.

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For my regular readers, you know how long I have been writing about the need to make texting while driving (TWD) illegal in the State of Georgia. I am glad to report the rest of America seems to be catching on. First, Oprah introduced her “No Phone Zone” pledge. This is a pledge that you can print out and sign which says you swear not to text while you are driving. Tens of thousands of people have taken the pledge. If you have a teenage driver I urge you to visit this No Phone Zone page with your teen to watch numerous videos on the dangers of driving while texting. It is extremely informative and scary.

Now even automobile insurance companies are jumping on the bandwagon and urging their insureds and the motoring public in general not to text while driving. Progressive Insurance is supporting Oprah in her no texting pledge. I noticed Melbourne Insurance out of Florida is emphasizing not to text while driving.

One neat potential solution is a smartphone app called Drive Safely that apparently will read your text voices outloud to you while you are driving. Unfortunately, although it will convert a text to voice, it does not yet convert voice to text, so it will not eliminate the oh-so-uncontrollable urge to respond ASAP to that text you just got! That will take some self-discipline!

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Finally! Toyota apologizes to the American public for selling us dangerous cars and keeping it secret from us when Toyota KNEW they were accidents looking for a place to happen.Yet Toyota still has yet to come 100% clean, in denying anything is wrong with their cars’ electronic throttle system, when all evidence points to the contrary.

Added to the misery created by Toyota’s cavalier conduct is the revelation that there may be some Americans wrongly convicted of vehicular homicide when their runaway Toyotas killed someone. This issue has arisen in Minnesota, where Koua Fong Lee is serving an eight year prison sentence for vehicular homicide in 2006 when his 1996 Toyota careened out of control and he was unable to stop it. With this late confession by Toyota executives about their out-of-control cars, it may be that Mr. Lee was wrongfully convicted and that it is Toyota, not poor Mr. Lee, that is responsible for the Minnesota deaths.

Things that make you go hmmmmm…another episode of Corporate Malfeasance, and it will be left to the trial lawyers of America to seek any justice for Toyota’s victims.

This was a terrible headline to read today, that a child was killed in Fayetteville, Georgia when a car rolled over him. The car, a Chrysler Sebring, apparently rolled over him even though the car was in park and no key was in the ignition at the time. Sounds like another car manufacturing defect to me.

Child Killed By Rolling Car

Posted: 7:41 am EST February 18, 2010

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It was bad enough that Toyota had recalled hundreds of thousands of newer models of their best-selling Camry and the Corolla and Tundra and certain Lexus models for sudden uncontrolled accelleration. That recall, blamed by Toyota executives as being caused by defective rubber floormats, affected 3.8 million vehicles that contained certain all-weather floor mats. Then Toyota issued another recall for 2.3 million Toyota vehicles, including 600,000 that were not subject to the prior floor mat recall due to an actual mechanical problem that was causing some gas pedals to stick. Which begs the question: was the TRUE problem with the first 3.8 million cars really to blame on the floor mat? Or was this a convenient excuse for what was really an accellerator problem from the get-go? Knowing Toyota Execs, count on the latter.

But now, in the MackDaddy of all Recalls, Toyota has recalled its Star of the Show, the Prius, Toyota said Tuesday it would recall 437,000 of its 2010 flagship Prius hybrid and other gas-electric models worldwide to fix a glitch in the braking system, as the Japanese automaker moved to contain a crisis over defects in a range of its vehicles. Toyota says its only a software problem, which may be true, but are we to trust them?

I have found myself in the last couple of weeks avoiding driving near or around Toyotas on the street. I will switch lanes rather than dare be behind one. I do not own a Toyota, but I can imagine Toyota owners faced with the moral dilemma: “Do I drive my Camry to work and risk killing myself, a loved one or another person? Or do I put it in the garage, continue to make monthly payments on a car I cannot drive and try to find alternate transportation?” Toyota, you’ve got some explaining to do!

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Two Georgia lawmakers are proposing a ban on texting behind the wheel that could make the practice illegal for all drivers.

State Reps. Allen Peake and Amos Anderson have introduced bills to prohibit the practice and come with a fine and driver’s license penalties. If the law passes, it would go into effect on July 1 and make Georgia the 20th state to outlaw texting while driving. Colorado, Louisiana, New York, Virginia and Washington are among the 19 states that ban text messages for all drivers. Nine states ban text messaging for teen drivers.

Peake says the bill is a step in the right direction for Georgia. He stopped short of a total ban on cell phone use and says the legislation addresses the “more dangerous” practice of texting.

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My consistent readers know I have been on a crusade to eliminate Texting
While Driving (TWD) here in Georgia. I will be offering my assistance to Georgia Legislators interested in passing that bill this session. Seems lots of folks are getting on the TWD bandwagon now, including Oprah. This is wonderful news because Oprah seems to have the Midas Touch…she makes things happen. Please watch Monday’s Oprah at 4:00 p.m. on WSBTV (Channel 2) entitled “This Show Could Save Your Life: America’s New Deadly Obsession.” As I was traveling down I-85 South coming home from my daughter’s basketball game this morning, I saw a woman in a red Chrysler Sebring hard-top convertible going about 75 m.p.h., texting with her arms outstretched stuck through her steering wheel. Scary!! I hope she will be on watching Monday.

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Many of you know that texting while driving has been one of my pet peeves for awhile. Studies have shown that texting while driving makes a driver about as impaired as if he or she were intoxicated. Unfortunately, unlike drinking while driving, texting while driving is not (yet) illegal in the State of Georgia.

Check out House Bill 23, a proposed piece of legislation that would make it illegal to text while driving. I intend to work with the sponsors of this bill to help it move forward. It passed the Georgia House last session and now is sitting in the Georgia Senate. I will keep you updated on its progress during the Georgia General Assembly 2010 session.

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I have written often in the past about Judge Anthony Alaimo, a United States District Judge for the Southern District of Georgia, who the Georgia Trial Lawyers Association honored with its first Anthony Alaimo Guardian of Justice Award last year. Judge Alaimo passed at the end of 2009. Put simply, there will never be another person like him. Below is a column that appeared in the Augusta Chronicle about this Great American.

The Alaimo way

Groundbreaking federal judge set a gold standard for the bench

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