Atlanta Injury Lawyer Blog

Elect Robin Frazer Clark, Secretary State Bar of Georgia

April 23, 2010 | Robin Frazer Clark

Dear Friends:

First, let me thank you for the hundreds of telephone calls, emails, texts and well wishes you have sent my way to let me know you have already voted for me and that you support me in the race for Secretary of the State Bar. Remember, voting continues through May 3, so if you haven’t voted already there is still time. Campaigning throughout the State of Georgia and shaking literally thousands of hands and meeting thousands of my fellow Bar members has been an extremely rewarding experience for me and I’ll never forget it. Many of you who know me know my motto is “A Rising Tide Lifts All Boats.” This journey has certainly been one of “rising tides” and has made me even prouder to be a Georgia lawyer.

Sharing ideas and the vision with you of building a better Bar has been motivational. I am deeply honored that 32 of the 37 Lawyer-Legislators of the Georgia General Assembly, including the Speaker of the House, the Chairman of the House Civil Judiciary Committee, the Chairman of the House Non-Civil Judiciary Committee, the House Majority Whip and the House Minority Leader, endorsed my candidacy. These are Legislators from both sides of the aisle, who deal with both civil and non-civil issues, who, in their words, know me as an “effective advocate who brings much-needed credibility to discussions under the Gold Dome.” I have their respect, which is absolutely necessary if the State Bar is going to have a seat at the table when the Georgia Legislature is considering legislation that affects our clients and our profession. I will use that respect and standing on behalf of the State Bar if elected Secretary.

Elect Robin Frazer Clark Secretary, State Bar of Georgia

April 6, 2010 | Robin Frazer Clark

Dear Friends:

I have traveled the four corners of the State of Georgia during this campaign for Secretary of the State Bar of Georgia, from Bartow County to Dougherty County, from the Blue Ridge Circuit to the Stone Mountain Circuit, and from Macon to Savannah, I have grown ever more proud of our honorable profession and what you do to help the citizens of Georgia every day. I have attended over 30 bar association meetings and events and have shaken the hands

of literally thousands of you in an effort to get to know you, to learn more about your practices and to understand your concerns about the State Bar of Georgia. In fact, you may view many photographs from those campaign stops at my Facebook Group “Lawyers for Robin Frazer Clark for Secretary of the State Bar of Georgia” at

Bullets Shot at Fulton County Courthouse Window

March 26, 2010 | Robin Frazer Clark

As a plaintiff’s personal injury trial lawyer in Atlanta who frequents the Fulton County Courthouse, the story below scares me. Bullets were shot through one window of the 8th floor of the Fulton County Courthouse. This is the floor that houses the Fulton County Sheriff’s Department and has the walkover to the old Fulton County Superior Court, the same walkover that Brian Nichols used for his escape five years ago. Scary stuff!

Window apparently shot out at Fulton courthouse

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Caps on Damages in Georgia Held Unconstitutional

March 22, 2010 | Robin Frazer Clark

It is with great pride and joy that I announce that the Georgia Supreme Court today held caps on non-economic damages in medical malpractice cases unconstitutional as a violation of a citizen’s 7th Amendment right to a jury trial. The ruling was in Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, published today. The Georgia Supreme Court held unequivocally that nothing trumps a person’s 7th Amendment right to a jury trial, including the Legislature’s attempt to cap damages.

This is a great victory for Everyday Georgians who have been or may become the victim of medical malpractice or medical carelessness. Contrary to the Medical Association of Georgia’s spin on this, the caps law did NOT decrease doctors’ medical malpractice premiums. In the three years between 2002-2005, malpractice premiums increased 150%. In the five years since the caps law was enacted, premiums have gone down only 7%, hardly the panacea physicians were looking for and hardly the cure-all that MAG claims it was.

So Everyday Georgians can rest easy tonight knowing the Georgia Supreme Court would not stand idly by and allow their rights to be trampeled. Many thanks to the Nestlehutts, who showed remarkable courage through this ordeal, and to their attorneys, Adam Malone and Mike Terry.

Georgia Senate Passes Texting While Driving Bill

March 20, 2010 | Robin Frazer Clark

I am both surprised and delighted to report that the Georgia Senate has passed a bill making it illegal to text while driving! This bill would impose a $150.00 fine for violation of the law. The bill now goes to the Georgia House for consideration and, hopefully, passage. The $150.00 fine is, obviously, too low, but at least it’s a start.
I believe there is no question that public awareness about the hazards associated with texting while driving is now heightened. That is a good thing. Every media outlet seems to be emphasizing it, from Oprah to 11 Alive. Now is the time for the Georgia House to act to make it illegal. This will, no doubt, save lives. What better public policy is there than to save the lives of Georgia citizens?

Chief Justice Carol Hunstein Delivers the State of the Judiciary Address

March 16, 2010 | Robin Frazer Clark

Many of you know I am currently in a contested race for Secretary of the State Bar of Georgia. Thus far, I have attended 24 events to campaign for the race. It has been my pleasure touring the State of Georgia and meeting lawyers from the four corners of the state who have every variety of law practice imaginable. Today, I took out a day from campaigning and attended the State of the Judiciary Address delivered today by the Chief Justice of the Georgia Supreme Court, Carol Hunstein, who did an outstanding job. The Chief delivered the address before a Joint Session of the Georgia Senate and the Georgia House of Representatives. The remaining members of the Georgia Supreme Court were present as was the entire Georgia Court of Appeals. Very impressive pomp and circumstance, with the utmost of formalities. But most impressive was Chief Justice Hunstein’s poise and substance of her speech. We all should be proud that Carol Hunstein is our Chief Justice.

Toyota Not Out of the Woods Yet

March 10, 2010 | Robin Frazer Clark

If I were a Toyota owner (I am NOT), I would still be a little apprehensive about whether Toyota really has fixed the problem with millions of their cars. The latest scare, yesterday in California, involved a runaway PRIUS, with the driver having no brakes and the accelerator stuck at speeds of up to 94 m.p.h. The 911 call is harrowing.

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The PRIUS owner had taken his car to a Toyota Dealership for repairs and was incorrectly told his car was not on the recall list…but, you guessed it, it was. The investigating police officer reported that the floor mats were all secure and not involved in the runaway acceleration, which brings to mind whether Toyota has been telling the truth about this problem from the get go. I

Nestlehutt v. Atlanta Oculoplastic Surgery: Caps on Damages Violate Your Constitutional Right to a Jury Trial

March 8, 2010 | Robin Frazer Clark

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.

Chrysler Sebring Defective

March 1, 2010 | Robin Frazer Clark

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.

No Texting While Driving Picking Up Momentum

February 28, 2010 | Robin Frazer Clark

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!