Finch McCranie, LLP

Salmonella Outbreak in Georgia

Our lawyers receive numerous calls concernig foodborne illnesses, particularly those contracted in restuarants. Now, Georgia is among the 42 states that have been struck with a salmonella outbreak, with five people taken ill and one requiring hospitalization, according to officials from the state Division of Public Health.
The ages of the Georgians that have become ill range from 7 to 73, and the cases occurred in five different counties. The cases appeared from late October to early December of last year.
A salmonella outbreak has
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Defective Medical Devices Protected By Regulators

Dangerous and defective medical devices pose a real and present danger to patients everyday in the Atlanta area and across the Unites States. In many cases the results are debilitating injuries or death. Recently, the United States Supreme Court, at the urging of the Bush administration, provided cover to the companies that manufacture such devices.
The St. Petersburg Times newspaper has printed an editorial in which it exposes the hypocrisy of the current administration in granting federal approval to such devices thereby preempting consumer action.
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Aviation Accident Lawsuit Over Another Preventable Airplane Crash

Last week we told the story of a recurring tragedy–a preventable aviation accident that took the lives of all on board–in a wrongful death lawsuit we filed last week.
The story of this airplane crash is yet another disturbing example of how lives are lost when basic safety–and common sense–are disregarded.
The pilot ignored clear warnings of dangerous weather, and proceeded into conditions that he and his aircraft were not capable of handling. Experienced pilots have a term–“get-there-itis”–for foolishly disregarding dangers and plowing ahead.
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Defective Fans Subject of Fine By USCPSC

Portable fans have been overheating and causing fires. Now, a company which manufactures these dangerous products will pay a $500,000 fine for not quickly reporting these problems.
Lasko Products received 42 related complaints involving nine injuries and property damage from 2002 through 2005 as a result of malfunctions in portable fans it manufactures.
Federal law requires that companies such as Lasko report potential hazards to the U.S. Consumer Product Safety Commission within 24 hours. The company did not fully report the problems until September of
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Georgia and National Car Wreck Fatalities Involving Alcohol Impaired Young Drivers

It seems that almost everyday there is a news story in the Atlanta and Georgia media involving the tragic death of a young person in a traffic accident. Many times alcohol is involved.

Fatal car wrecks involving alcohol impaired young drivers are a major concern, especially around the Christmas and New Years holidays. The National Highway Traffic Safety Administration (NHTSA), recently released a study involving alcohol related deaths from crashes involving 21-24 year old drivers. The findings are disturbing.

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Credit Card Rules Protect Consumers

Consumers have received long overdue protections from abusive practices by credit card issuers . In enacting the most sweeping changes to credit cards in decades, federal regulators on Thursday approved new rules to crack down on unfair and deceptive practices by card issuers.
The rules were issued by the Office of Thrift Supervision and approved later Thursday by the Federal Reserve and the National Credit Union Administration.
The rules, which take effect in July 2010, will let credit card companies raise interest rates only on
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Construction Accident Lawyer’s Approach to Atlanta Botanical Garden’s Bridge Collapse

The tragedy of preventable construction accidents was repeated last week at the Atlanta Botanical Garden, a beautiful area near my home enjoyed by young and old alike. News reports have described the horror of one dead, and eighteen injured, many of them critically.
In our experience from having handled contruction accidents–including a much larger structure’s construction collapse during the building of Philips Arena that killed ironworkers erecting a section of precast concrete–the injured workers and their families are in a state of shock and confusion.
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Nursing Home Quality Ratings

Abuse of elderly and disabled persons is one of the most disturbing matters our Atlanta based attorneys see. A report issued last Thursday by the Centers for Medicare and Services has revealed that almost 22 percent of the nation’s nearly 16,000 nursing homes received the federal government’s lowest rating in a new five-star system, while 12 percent received the highest ranking possible.
The new star ranking system has not been well received by the nursing home industry. It has been criticized for being too simplistic
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Desplome del Puente en los Jardines Botánicos de Atlanta (Botanical Garden Bridge)

Un desplome de construcción que implica un puente fue informado esta mañana en los Jardines Botánicos de Atlanta. Desafortunadamente, parece que había una muerte y muchas heridas graves. Nuestros abogados han investigado y han archivado pleitos en numerosos casos de desplome de construcción. El más notable fue el desplome durante la construcción de la Arena de Phillips (Phillips Arena) en Atlanta.
Mientras los informes no indican la causa del desplome, habrá indudablemente una investigación por “OSHA” (the Occupational and Safety Health Administration) la Administración Profesional
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Botanical Garden Bridge Collapse–Another Dangerous Contruction Accident

A construction collapse involving a bridge was reported this morning at the Atlanta Botanical Gardens. Unfortunately, there appears to be one death and many serious injuries. Our lawyers have investigated and filed lawsuits in numerous construction collapse cases. The most notable was the collapse during the building of Phillips Arena in Atlanta.
While the reports do not indicate the cause of the collapse, there will undoubtedly be an investigation by OSHA, the Occupational Safety and Health Administration.
Many times attorneys mistakingly believe that any recovery
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Suing The Postal Service For Personal Injuries

We have been contacted many times concerning tort claims against the U. S. Postal Service. Typically these involve personal injury claims arising out of motor vehicle collisions where a postal truck of some kind is involved. Sometimes it is the mail handler delivering the mail and sometimes it is a large tractor-trailer delivering mail between districts. In either circumstance, where one sustains an injury as a result of the negligent acts of a Postal Service employee, it is necessary that the claimant file a Standard
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Police Chases For Non-Violent Offenses Continue To Kill

We read today a newspaper article out of an Indianapolis paper where two teenagers were killed following a police chase for a minor traffic infraction. Ironically, the police department in question had recently decided to review its own internal policies concerning high speed police chases. The current policy under review by the department would not have allowed the chase, which resulted in the death of the two teenagers. It bears repeating that many times the people that are killed in these chases are
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Trucking Accidents and Bad Weather

It is well known that large tractor-trailer trucks are very difficult to stop even when being operated prudently. Because of the weights on large tractor-trailers, if a tractor-trailer needs to suddenly stop for whatever reason, it takes much longer for the truck to stop than it would for the ordinary passenger vehicle. It is for this reason that regulations exist requiring trucks to slow down in inclement weather. Wet roads result in greater stopping distances for large tractor-trailer vehicles and thus, if it is
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Complications Of Bad Back Cases

In serious injury cases, usually arising from tractor-trailer collisions or automobile accidents, it is not uncommon to see clients with serious back injuries which create a host of physical and mental problems for the innocent victim. If someone is rear-ended by a tractor-trailer, as an example, and suffers a significant back injury requiring a fusion or other surgical procedure, it is not uncommon at all for such a client to develop leg problems, hip problems and other associated maladies. The mental stress
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Attacking “Independent” Experts For Bias In A Personal Injury Case

As we have written before, it is becoming increasingly necessary that plaintiff’s counsel be prepared to attack the veracity and credibility of so-called “independent” experts in personal injury cases. Insurance companies and defense law firms routinely retain medical “experts” to testify that plaintiffs are not injured at all or have only suffered minor injuries. They do this by examining diagnostic tests and/or by offering testimony that the test results do not substantiate a traumatic injury. Such testimony can be extremely misleading because oftentimes a clinical
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How Insurance Companies Attack Bad Back Claims

Increasingly we are seeing a trend that started many years ago but continues today. This involves the use of so-called “independent” experts to provide testimony in personal injury cases to the effect that the claimant has suffered no injury at all or, if any injury, only a minor one. Insurance companies employ so-called “independent” medical examiners to review radiology films, many times, so that a radiologist can testify that based upon an examination of the film, there is no evidence of trauma seen, thus the
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Bicycle Accidents On The Rise

We read this past week an article in the paper about the increasing number of cyclists hit by automobiles under a variety of different circumstances typically involving gross negligence by the driver. In one reported case, the driver was on her cell phone and hit the cyclist from the rear while speeding. In another case, a drunk driver ran over a cyclist. In another reported case, a speeding motorist hit the cyclist on the shoulder of the road, killing him.
During the summer, of course,
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The Importance of Stackable Uninsured/Underinsured Insurance Coverage

We have written before about the importance of uninsured/underinsured motorist coverage. This past week we resolved a case for a client that is a classic demonstration of why it is so very important that uninsured/underinsured motorist coverage be purchased at the time one acquires liability insurance coverage for their own vehicle.
In the case we mentioned, a young lady was hit by a driver who was clearly negligent. Unfortunately, the driver of the vehicle that injured our client had only the minimum limits of liability
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Professional Service In A Personal Injury Case

For any innocent victim of a car accident where an at fault driver runs a stop sign, crosses the centerline or otherwise seriously injuries an innocent motorist, one of the essential ingredients of professional legal services for the victim is personal interaction between the victim and their attorney. In a serious case the innocent victim/client will need an attorney. Due to mass marketing, however, in many cases, clients may go to law firms where most of their interaction is not with attorneys but with lower
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What is Stackable Uninsured/Underinsured Insurance Coverage

When one purchases an automobile insurance policy from their insurance agent, the real reason that the policy is being purchased is to comply with Georgia law, which requires that all automobile drivers have minimum limits of liability insurance in the amount of $25,000.00 per person, $50,000.00 per accident. What this means is that if a driver is to drive lawfully under our laws, one must be financially responsible. If one runs a stop sign and injures another individual and breaks their leg, as an example,
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