Atlanta Injury Lawyer Blog

Cobb County, Georgia Verdict for $151,000.00 in Automobile Wreck Case

July 30, 2007 | Robin Frazer Clark

Friends, I have been out of the office for the last week or so trying a case in Cobb County Georgia State Court and successfully won my client a $151,000.00 verdict! I tried the case last week in front of the Honorable Judge Katherine Tanksley and she did an outstanding job as a jurist. (During the trial Governor Purdue named Judge Tanksley to the short list for the opening on the Cobb County Superior Court, which is seen as a promotion from State Court. From what I have seen, she would do a fabulous job in Superior Court).

This was a case against State Farm Mutual Automobile Insurance Company in which State Farm had only offered a measley $10,000.00 before trial. Long-time State Farm defense attorney Blair Craig represented State Farm. This case involved a rather bad car wreck in which my client was hit on his driver’s side door. He had initial complaints of left side pain, chest pain, neck pain and tailbone pain. All of the pain eventually subsided after physical therapy and medication, except for his neck pain. His neck pain continued and only got worse, until one day he got out of bed and his arms felt heavy and different. His physician then recommended he see an orthopedic surgeon, who diagnosed a herniated disc in his neck and operated, performing a surgery that is called an ACDF, an anterior cervical diskectomy and fusion. In this surgery a titanium plate and four screws were implanted in my client’s neck along with some cadaver bone to fuse those two cervical (neck) vertebrae. After the surgery and six weeks rehab, my client did very well and returned to work full duty.

State Farm defended the case on the argument that the point when my client starts having arm symptoms was a “new” injury for which State Farm was not responsible, even though State Farm really had no evidence or proof of any new event or injury that could possibly explain the onset of these symptoms. Also, your should know that in Georgia, although the case was really against State Farm, Georgia law allowed State Farm to defend in the name of the individual who hit my client in the wreck, and the jury never even got to hear that State Farm, my client’s own carrier because this was an underinsured motorist case, was the one who was really not taking responsibility for the wreck.

Toys Made in China Continue to Pose Threat, Even in Georgia

July 10, 2007 | Robin Frazer Clark

I am not at all surprised to see that the fallout from the discovery that many Chinese manufactured toys are hazardous to children’s health continues. I am sure many of these hazardous toys have made their way to Georgia and Atlanta. Every day now it seems as if we learn of new toys from China that should not be bought for children because they pose a health threat to the children who would play with them. The latest such dangerous toys: sets of Essentials for Kids jewelry, 800 Mag Stix magnetic building sets and 68,000 Shape Sorting Toy Castles. These toys have now all been recalled by the U.S. Consumer Product Safety Commission. You can find a list of recalled toys by going to http://www.cpsc.gov.
I think it is probably a good idea to check on the USCPS’s list of recalled toys periodically, especially before buying for a birthday or Christmas. My friend and fellow Georgia Trial Lawyer, Don Keenan, also makes a point of including a list of dangerous toys on the Keenan Kids Foundation website, http://www.keenanskidsfoundation.com. Some of these toys were even manufactured right here in the United States. It is senseless that the practice of allowing foreign manufactured toys that can kill children continues. It is only a matter of time before one of these hazardous toys kills a precious child right here in Georgia.

Pool Drains Unfortunately Still a Danger

July 8, 2007 | Robin Frazer Clark

I have just returned from a wonderful beach vacation over the Fourth of July Holiday, during which my two children swam every day in various swimming pools, and I am saddened and shocked to find out that another preventable swimming pool tragedy occurred during what was meant to be a fun summer week. This time the tragedy occurred in Minneapolis at a pool that we now know had some sort of defective drain in it. A six year old girl was eviscerated by the swimming pool drain while doing what normal six year olds are supposed to do in the summer…have fun swimming in a pool. As a mother of two, this news has hit me especially hard. I was under the impression that following several other lawsuits over such defective swimming pool drains and a U.S. Consumer Product Safety Commission warning in a 2005 report, Guidelines for Entrapment Hazards: Making Pools and Spas Safer, that every commercial pool in the United States had taken the necessary steps to make their pools safe. Also, that many pool owners, at least those in North Carolina, retrofitted their pools to make them safer after Presidential Candidate John Edwards successfully brought a lawsuit against a pool owner and drain manufacturer in an almost identical case in which his clients’ child was disemboweled by a defective pool drain. But, unfortunately, such was not the case, to this little six year old’s (and her parents’) horror. You can read more of the facts of this preventable tragedy here. Either the pool drain’s cover was carelessly off, or the pool had not been retrofitted with other drains to prevent too much suction power from being on this one drain. Either way, the owner of the pool was careless in allowing children to swim in a pool with a defective drain. Because of this carelessness, a young girl’s life is forever changed, to the point where she may have to be fed intravenously for the rest of her life.
Pool owners who fail to make their pools safe and pool drain manufacturers who fail to make safe swimming pool drains must be held accountable for their carelessness in our Civil Justice System. It will be the only justice this little girl will ever realize. Although such blatant corporate negligence really should be a crime. And this should never happen to another family ever again. I urge you to find out about the safety of the pool(s) in which your children are now swimming. Ask whether the pool has been retrofitted as suggested by the Consumer Product Safety Commission. Ask how often the owners check to insure all drains are covered. I am going to do so regarding the pools my children swim in. Demand that safety action be taken to correct any such dangerous situation as having a missing pool drain cover. The little Minneapolis six year old will be in my prayers.

Successful 2007 State Bar of Georgia Annual Meeting

June 18, 2007 | Robin Frazer Clark

I attended the 2007 State Bar of Georgia Annual Meeting in Ponte Vedra, Florida last week as a Member of the Board of Governors, Post 36 Atlanta, Georgia. I am happy to report good news for the elections to the Executive Committee of the Georgia State Bar, as the Board of Governors duly elected fellow blogger Ken Shigley from Atlanta, Georgia and fellow Georgia Trial Lawyers Association (GTLA) member Thomas Stubbs from Decatur, Georgia as Members at Large to the Executive Committee. Both of these outstanding lawyers will serve the Georgia Bar well. They, like I, represent plaintiffs in a vast array of personal injury cases and are always fighting for justice for the underdog in the system. Ken, Thomas and I all share the same beliefs in the inherent value of the Georgia Civil Justice System and we will continue to support it and fight to maintain an independent judiciary, something all Americans agree sets our Nation apart from others. There has been an assault on the independence of the judiciary in last year’s Georgia Supreme Court election and I am proud to say that the Georgia lawyers who believe in the integrity of our Civil Justice System fought it off and helped preserve an independent judiciary in Georgia that is not controlled by special political interests. We should all be proud of that. Justice Carol Hunstein, whose seat on the Supreme Court of Georgia was the target of this politicized assault, was awarded the Tradition of Excellence Award in the Judicial Category by the General Practice and Trial Section. Fellow GTLA member Paul Kilpatrick from Columbus, Georgia, was awarded the Tradition of Excellence Award in the Plaintiffs’ Counsel Category and they both gave inspirational acceptance speeches that emphasized the importance of an independent, non-politicized judiciary.

Much of the credit goes to Immediate Past President Jay Cook, as he led the charge to preserve Georgia’s tradition of an independent judiciary. We can expect our new Georgia Bar President, Gerald Edenfield, from Statesboro, Georgia, to follow in Jay Cook’s footsteps on this very important issue.

Additionally, GTLA members Jeff Bramlett and Lester Tate were elected President Elect and Treasurer respectfully, so I can honestly and happily say the State Bar of Georgia is in good hands for years to come. These gentlemen champion the rights of the everyday Georgia citizens, not mammouth corporations or insurance companies.

The Annual Georgia State Bar Meeting is important to attend for many reasons, including legal education, fellowship and doing the Bar’s work, but attending also reinvigorates us for the heavy fight to preserve the Civil Justice System of Georgia at all costs, because there are those out there, who I would refer to as “The Dismantlers” who would “dismantle” or undo the Civil Justice System and eliminate corporate responsibility for wrongdoing altogether. I pledge to every Georgia citizen I will do my utmost never to allow that to happen.

Trucks Only Lanes in Atlanta Debate Heats Up

June 2, 2007 | Robin Frazer Clark

The Georgia Department of Transporatation continues to study the feasibility of “trucks only” lanes here in Metropolitan Atlanta. I encourage you to speak in favor of the proposal as it would increase your safety as a member of the motoring public here in Atlanta and in Georgia. The Georgia Department of Transportation invites the public to view I-75/I-575 project maps, plans and displays and to voice their opinions on the expansion at the following meetings. For more information see www.nwhovbrt.com/ or call 404-377-4012.
Statistics in Atlanta show that even now traffic tops 10,000 trucks per day on the north end of I-285 and 30,000 trucks per day on parts of I-75. This represents a potential 40,000 truck and car wreck accidents looking for a place to happen on the roads of Metropolitan Atlanta. The tonnage shipped to, from and through Georgia is forecast to increase by 63 percent by 2025. Freight movement in the state is dominated by trucking, which carries 87 percent of all cargo. More than 100 motor freight carriers serve the Atlanta area alone. Georgia has 35 scheduled carriers, 2,200 intrastate haulers, and 25,000 interstate truckers serving points throughout the state. And we all know that in a wreck between an 18 wheeler and a small passenger car, the 18 wheeler wins. In my tractor-trailer cases I handle in my personal injury law practice, I can attest to the devastation that a wreck with a tractor-trailer can have on a family.
One Georgia possibility to expedite truck traffic is toll-financed truck freeways. When the Reason Public Policy Institute asked trucking companies to propose routes on which they would consider paying tolls in order to operate long double and triple tractor-trailers, the companies came up with 17 possible routes.[20] One of Reason’s tollway recommendations after analysis was the I-75 corridor from the Ohio Turnpike near Toledo south through Cincinnati, central Kentucky and Tennessee, and Atlanta to the northern end of Florida’s Turnpike and Tampa. Reason predicts it would be “a major north-south trucking route of high efficiency and safety.” I think Georgia should continue to explore this option through these public hearings about “trucks only” lanes.

Will Georgia Doctors Attempt to Force Georgia Citizens to Waive Their Rights under the Georgia Constitution?

June 1, 2007 | Robin Frazer Clark

It seems that in New Jersey, physicians are forcing their patients to give up their rights to sue the doctor in the event of malpractice before the doctor will even agree to see the patient. To read the full article, click here.

Let’s hope this doesn’t make its way to Georgia…otherwise, hundreds of Georgia citizens will be involuntarily forced to give up their constitutional rights, under the Georgia Constitution, to hold a doctor accountable for that doctor’s negligence or carelessness. Unfortunately, noneconomic damages in Georgia are already capped at $350,000.00, a drop in the bucket if you are talking about someone’s life. The Georgia General Assembly decided that was the value of the life of a Georgia citizen, their constituents, when it passed SB3 in 2005. My guess is that if pressed on the issue, no Georgia Legislator would dare agree that the value of the life of one of his sons or daughters amounts only to a mere $350,000.00. But that’s what the Georgia Legislature has told Georgia citizens their lives are worth. The largest medical malpractice insurer in Georgia, MAG (Medical Association of Georgia) Mutual, promised to lower their malpractice insurance premiums in exchange for SB3 and a cap on damages, but MAG hasn’t lowered premiums yet, two years after the passage of SB3, and I wouldn’t hold my breath waiting for MAG to do so anytime soon.

And let’s think about this…what kind of healthcare do you think you’re going to get if the doctor knows he won’t have to responsible for his mistakes?

Good Lawyers in Atlanta Georgia Discourage Illegal “Runner” Use

May 25, 2007 | Robin Frazer Clark

Many of us personal injury lawyers here in Atlanta, Georgia actively discourage the practice that some lawyers unethically engage in of using “runners,” or individuals whose job it is to place accident vicitms with an attorney. These unscroupulous lawyers hire individuals to “run” cases for them, i.e., to go out and find car accident victims and deliver them to the unethical lawyer for the handling of a personal injury case. Then the unethical lawyer pays the hired lay individual, which is, by the way, illegal, for bringing the personal injury case to him. These “runners” often sit and wait in police departments, just waiting until police reports on car wrecks are filed,and then they get your contact information off the police report. These attorneys and their “runners” are truly the “ambulance chasers” of the profession and, unfortunately, have alot to do with giving lawyers a bad name.

Georgia law actually makes this practice illegal under Official Code of Georgia Section 33-24-53, yet anyone is rarely proscecuted under it. There has been at least one instance where an ethical lawyer and his client who had been previously contacted by one of the “runners” helped the Cobb County District Attorney’s office in an undercover sting to nab these illegal “runners,” and it worked. To watch a short news video about this case, click here. But such instances are few and far between.

https://www.youtube.com/watch?v=UvI51L-f5R4

Another Innocent Death in Metropolitan Atlanta in Police Chase

May 20, 2007 | Robin Frazer Clark

I was shocked to see that this week another totally innocent Georgia citizen died needlessly in another police chase on Metropolitan Atlanta streets. It all started simply on the basis of a report of a “suspicious vehicle” in front of a home in Cobb County. Cobb County, Georgia officers spotted the vehicle, a Chevrolet station wagon, on Barrett Parkway and tried to pull over the driver. The officers failed at an attempt to “box it in” and pursued the car in a high speed chase. During the chase a big screen tv fell out of the station wagon. The officers continued their high speed chase up I-575, a highly traveled road between Cobb and Cherokee Counties in Georgia. The station wagon sped up I-575 until it crossed over the grass median near Bells Ferry Road, striking a four-door Buick that was southbound on the interstate. The female driver of the Buick was killed and several of her passengers were severely injured. To read the news article on this, click here.

I think part of the real crime here is that an innocent Georgia citizen died, apparently, because some vehicle had a big screen tv in it. To compound that crime, the innocent Georgia citizen’s family will, most likely, never see any justice for her needless death. This is because Georgia courts, and even the United States Supreme Court has said that these types of high speed police chases, essentially, are acceptable and that police departments can not be held responsible for the loss of innocent life as a result of these chases, even where such a chase my have violated the police department’s own policies and procedures. In a recent Georgia Court of Appeals case, in which fellow GTLA member Dennis Cathey represented the plaintiffs, the Court held the police department had immunity from a lawsuit by the family of an innocent victim of a police high speed chase. More recently, the United States Supreme Court held in a case that occurred here in Georgia, in which the Plaintiff was represented by fellow GTLA member Craig Jones, such high speed chases are allowable, even though they may violate department policies and procedures.

The result of all this is that the families of these innocent victims will never be able to realize any justice from their senseless deaths and streets in Metropolitan Atlanta will only get less and less safe for the law-abiding Georgia citizens. And all for a big screen tv.

Georgia Supreme Court Rules Medical Authorization Requirement Unconstitutional

May 16, 2007 | Robin Frazer Clark

Put another one in the “win” column for the good guys. As Immediate Past President of Georgia Trial Lawyers Association (“GTLA”), I am proud to announce that GTLA’s Constitutional Challenge Committee, chaired by Lyle Warshauer and Matt Nasrallah, won another round in the ongoing effort to restore Georgian’s rights by eliminating the horrible law now infamously known as “SB3.” The particular provision that the Georgia Supreme Court ruled unconstitutional this time is 9-11-9.2, which required a plaintiff to file an all-encompassing medical authorization with the plaintiff’s complaint in any medical malpractice action. the Supreme Court held O.C.G.A. § 9-11-9.2 is preempted by the federal privacy provisions of the Health Insurance Portability and Accountability Act of 1996, or HIPAA. To read the full article, click here.

Zachary H. Thomas of Savage, Turner, Pinson & Karsman in Savannah, another proud GTLA member, represented the winning appellees. GLTA filed an Amicus Brief in the Supreme Court arguing in favor of holding the provision unconstitutional, not only on the basis of Federal Preemption, but also because it was a roadblock to any plaintiff’s ability to file a medical malpractice action.

I congratulate the GTLA Constitutional Challenge Committee and Zach Thomas for this wonderful win on behalf of Georgia citizens. We are slowly but steadily dismantling the horrendous SB3 and restoring the rights to due process to Georgia citizens, and I am proud of it.

Trucks Only Lanes Not a Bad Idea in Atlanta, Georgia

May 10, 2007 | Robin Frazer Clark

In my plaintiff’s personal injury practice, I have learned that tractor-trailers traveling through Atlanta can do a lot of damage in a motor vehicle accident, including catastrophic injury, such as paralysis, or death. Georgia trucking accidents would be reduced if the Georgia Legislature passed a law creating trucks only lanes. After handling so many of these cases in my practice, I have made it my personal preference and habit to stay out of the way of all tractor-trailers, including not traveling in the same lanes as tractor-trailers, if at all possible. A small passenger vehicle stands little chance if hit by a tractor-trailer.

Yet I concede that tractor-trailers are the backbone of American commerce, and a necessary way for goods to be moved across Georgia and across the United States. This does not take away the fact, however, that they can be extremely dangerous on Georgia roads to the motoring public of Georgia.

The Georgia Department of Transportation is considering building “trucks-only” lanes on the state’s interstate highways and major roads. The Georgia DOT says it is studying putting in new lanes, not taking over existing lanes on the Interstates. DOT estimates that 940 million tons of freight was moved across Georgia highways in 2004, but in less than 30 years that number is expected to double. Interestingly, truckers questioned about the proposal think it might help them with their work by eliminating passenger vehicles in their lanes. I think it would be beneficial from a safety standpoint to Georgia citizens. Others in Georgia agree.