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My heart is heavy and sad this morning after hearing the news that the little six year old girl who was struck by an SUV driver as she was exiting a MARTA bus died yesterday due to internal injuries suffered in this horrible collision. The driver of the SUV has now turned himself in this morning to police and faces vehicular homicide charges. The SUV driver violated the Georgia Rules of the Road by crossing a double yellow line when he struck the little girl. A Clarkston police officer who was parked on the corner of Ponce de Leon Avenue saw the wreck. He had just written tickets to six other drivers for passing on the double yellow line and was just about to go after this particular SUV driver when the driver hit the little girl.

This is a tragedy beyond all proportions. The family had been in Atlanta only for a few days having immigrated here from Nepal. She died on what would have been her first day of school at Indian Creek Elementary School. The Clarkston police chief said the driver who hit the little girl had a lengthy history of disobeying the rules of the road and that he “has no regard for the law.”

So what is wrong with Atlanta drivers? Many obviously ignore the rules of the road, as evidenced not only by this horrible collision but also by the fact that the police officer there had already written six tickets for the same violation just moments earlier. Atlanta is particularly dangerous for pedestrians. My law office is at the corner of Peachtree Street and 15th Street in Midtown, and I personally see numerous drivers run the red light at the intersection every day, and yet nothing is ever done about it. One day someone is going to get killed at that intersection, and I wonder then whether anything will be done about it. Should there be stiffer penalities? Should drivers be required to take driving tests periodically? For now, Atlanta drivers should just take a collective deep breath, calm down and drive more slowly. Maybe if everyone is not in such a big hurry, they will be able to think about what the Georgia Rules of the Road require of them and maybe they’ll actually follow them. Until then, Georgia families are going to face more tragedies like this one.

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For those of you who have followed my blog, you know that one of my greatest concerns is the danger that texting drivers present to the motoring Georgia public. Texting while driving is not illegal in Georgia…yet. It is already illegal in several states. Today, another extremely alarming study was made public that concludes truckdrivers who text while driving their semi-trucks are 23 times more likely to cause an accident than another undistracted driver who is driving a passenger vehicle. 23 times! Watch out, Friends!

I have been pointing out incident after incident where an operator of some type of vehicle caused an accident because he or she was admittedly texting while driving. This is especially scary when the offending “texter” s the operator of a public transit vehicle, e.g., a bus or a train. For example, in Boston, Massachusetts, a trolly operator has just been indicted on charges of gross negligence for causing a collision with another trolley that injured 62 people, all caused by his texting when he was supposed to be driving the trolley. In September of last year, a commuter train engineer missed a stop signal while trading text messages with a friend, leading to a collision with a freight train that killed 25 people in California, according to federal investigators. The accident injured 101 people.

What will it take here in Georgia for Georgia Legislators to act? How much scientific evidence do they need to know that texting while driving has become an extremely dangerous proposition for the motoring Georgia public who are doing their best to drive cautiously on Georgia roads? Until texting drivers face some harsh consequences, all I can advise is to stay away from truckers. I would suggest you do this anyway, but with the new study showing that texting truckdrivers are an accident to waiting to happen on Georgia roads, just stay away from them on the road.

One casualty (among many) of the bankruptcy reorganization of General Motors is personal injury claims against GM based on faulty design or manufacture of their vehicles. The Obama Administration was quick to throw injured plaintiffs under the bus by agreeing that all such pending personal injury claims would simply cease to exist as part of the bankruptcy. Interestingly, several Attorneys General of nine states have now objected to the GM bankruptcy on behalf of their respective citizens because it is a bad deal for their constituents who have been harmed by GM vehicles. Where is the Georgia Attorney General? Who is protecting the rights of Georgia citizens who have been harmed by GM vehicles? It seems like, as with so many things, Georgia is trailing behind other states in protecting its citizens, and that is not right.

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The news of another train collision was frightening and unwelcome. This time in Washington, D.C., on the Metro commuter trains.One train rear-ended another on the same track which, obviously, is not supposed to happen and you can bet doesn’t happen absent someone’s negligence or carelessness. The crash resulted in the loss of nine lives and injuries to 80 other passengers.

How do you miss a full size commuter train on the track ahead of you?

Could the answer be the train operator was texting while driving? It’s too early to tell, but if it turns out it’s because the at-fault train operator was texting while driving, I won’t be shocked and I’ll say you heard it here first. When I first heard of this horrible tragedy, I immediately thought of the MARTA train operator here in Atlanta who was caught texting while he was supposed to have been operating the train. But a diligent MARTA passenger caught him red-handed.

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I am extremely happy to announce I was elected to the Georgia State Bar Executive Committee on Saturday, June 19 during the Annual Meeting of the State Bar at Amelia Island Plantation, Florida. The State Bar of Georgia is comprised of approximately 40,000 lawyers. The Board of Governors, on which I have served since 2002, consists of 150 of those lawyers who have been elected by their respective constituents to represent them on bar matters. The Executive Committee of the Georgia State Bar is comprised of 14 State Bar members also elected by the lawyers of the State of Georgia. So it is an absolute honor to have been chosen by my peers and colleagues to represent them on the Georgia State Bar Executive Committee. I look forward to serving and to continung to protect the rights of Georgia citizens by keeping our precious Georgia Civil Justice System’s promise of Justice For All.

Below is a short press release issued by the President of Georgia Trial Lawyers Association about my election to the Executive Committee:

Friends:

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Have you seen this video? http://www.11alive.com/video/default.aspx?playerId=newsmaker&maven_playlistId=1f23dc40ee67898d157716d17d3efded65dbd23b&maven_referrer=mrss&maven_referralPlaylistId=1f23dc40ee67898d157716d17d3efded65dbd23b&maven_referralObject=1138688802 It is of a MARTA train operator texting on his cell phone while the train is running down the rail. The operator is texting on his cell phone while he is supposed to be driving a train carrying hundreds of Georgians just trying to get to their jobs safely. Unbelievable!

Congratulations goes to Everyday Georgia Citizen Matthew Jones, who uses the MARTA subway train system to get to work and relies on the train operators to get him to work, and then back home, safely every day. Matthew spotted the train operator texting while the train was in operation on the tracks and took the smoking gun photo. Amazingly, the GM of MARTA says maybe the only thing that will happen to this train operator is a suspension. A slap on the hand! What will it take to insist on passenger safety? A train wreck while a MARTA operator is texting? Will that do the trick? We already know how deadly it can be for a train operator to be texting while he is operating a train, as evidenced by deadly train wrecks in Boston and in California (which I previously blogged about). Don’t we want to spare Georgia citizens that horror?

We should all be vigilant like Matthew Jones. When we see a MARTA bus driver or MARTA train operator operating his bus or his train in unsafe manner, we must report that to MARTA. MARTA buses are identified by a bus number on the outside. The next time you see a MARTA bus operator run a red light, or other similar dangerous behavior, call MARTA with that bus number and report what you saw. The same should be done if you observe a MARTA train operator texting while driving, or asleep at the switch. Maybe MARTA won’t do anything to the employee after just one complaint, but I would hope after more than one complaint the employee would get more than a mere slap on the hand. The more we do this, the safer our public transporatation will, hopefully, become. Be vigilant, Georgians!

The State of Georgia should have hired a good plaintiff’s personal injury trial lawyer to pursue its suit against the maker of Zyprexa rather than handle such a large case on its own. Because the Attorney General’s office pursued the matter against Eli Lilly and Co., the maker of Zyprexa, with its own in-house Assistant AG’s, the State of Georgia settled the claim on behalf of the entire State of Georgia for only $6 Million. That’s not alot for all of the citizens of Georgia. Other states are pursuing the matter earnestly in court and shooting for a jury trial. Once again, the Georgia Attorney General’s office is a day late and a dollar short.

Georgia settles with drug company for $6M

Other states seek more with lawsuits over potential side effects of Zyprexa

GTLA Welcomes New President, Chris Clark of Macon, Georgia
GTLA wishes to thank out-going President Fred Orr for his wisdom and vision over the past year. With him at the helm, many things have been accomplished (including this new website). With Fred as the Immediate Past President, GTLA eagerly welcomes Chris Clark to his new role. Chris’ intelligence, leadership style and passion for the Civil Justice System will only serve to make this great organization stronger.

At the President’s Gala on Friday night, 250 members of GTLA watched as Fred Orr handed the reins over to Chris Clark– both of whom received a standing ovation. Congressman Bruce Braley of Iowa, a trial lawyer, a champion for justice in Washington DC and a Past President of his state’s TLA entertained and enlightened the crowd with his tales of courage in politics as the keynote speaker. The evening ended with incredible comaraderie found only at GTLA events.

Just like the Peanut Corporation of America in Blakely, Georgia, the Imperial Sugar Refinery in Savannah, Georgia knew of the dangers its plant exposed its employees and Georgia citizens to and did absolutely nothing. In an article today in the Atlanta Journal and Constitution, it is obvious the sugar corporation deliberately exposed its employees to the very real chance of death by ignoring an expert consultant’s report warning the corporation’s executives of the danger. Which brings to mind the question: What is wrong with Corporate America? Has corporate greed become so all important that dollars over safety is a corporation’s creed now? Or is it that the past administration of the last eight years has permitted Corporate America to thumb its nose at corporate responsibility for the sake of unregulated profit such that even when human life hangs in the balance, the Almighty Corporation gets by with murder?
It is clear that in the case of the Savannah Sugar Refinery, the fourteen employees who died in the explosion and the dozens of other Georgians injured in it were asked to sacrifice too much for corporate greed. These Georgians are left with nothing but inadequate workers’ compensation claims now as the Imperial Sugar Refinery is protected from the rough justice of twelve jurors in the Georgia Civil Justice System by the “exclusive remedy” of the workers’ compensation system. And that is a crime.

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