Finch McCranie, LLP

Uninsured Motorist Setoffs

On November 21, 2007, the Supreme Court of Georgia issued an important opinion in Dees, et al. v. Logan, involving uninsured motorist coverage in the state of Georgia. The question presented to the Supreme Court was whether a damage award to an insured can be offset by workers’ compensation or similar benefits paid to the insured. The Court answered with a resounding “No”.
Dees and his wife brought suit against a defendant seeking damages for injuries suffered in an automobile collision. The jury awarded the
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Arbitration Clauses Seek To Ban Class Action Arbitration

In the case of Green Tree Financial Corp. v. Bazzle, 123 S.Ct. 2402, (2003) the U.S. Supreme Court opened the doors to class action arbitrations. The Court held that if an arbitration clause is silent regarding class actions, it’s up to the arbitrator (applying state law) to decide whether class arbitration will proceed.
Banks, credit companies and employers which traditionally have favored mandatory arbitration clauses, have been adding waivers to arbitration contracts specifically exempting class actions from arbitration. Consumer lawyers have responded by challenging the
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Brain Surgery On Wrong Side Of Head Three Times At Same Hospital

It was reported today that a Rhode Island hospital has been fined $50,000 by the Rhode Island Department of Health and reprimanded after a doctor performed brain surgery on the wrong side of the patient’s head.
According to reports, this was the third time this year at the particular hospital that a doctor performed brain surgery on the wrong side of the patient’s head.
The most recent case happened last Friday when the Chief Resident began surgery on the wrong side of an 82 year-old
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Tamiflu Dangers For Children

Last Friday, the Food and Drug Administration (FDA) issued a safety review of Tamiflu, manufactured by Roche, and Relenza, manufactured by Glaxo Smith Kline. Both of these drugs are designed to mitigate the effects of the flu. The review addresses the potential dangerous effect these drugs can have on children.
The FDA began reviewing Tamiflu in 2005 after it received reports of children experiencing neurological problems, including hallucinations and convulsions. Twenty five patients under the age of 21, most of them in Japan, have died
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ATV Dangers – Units Recalled

Late last week, Baja Motor Sports of Phoenix in conjunction with the Consumer Product Safety Commission issued a recall for 16,000 all terrain vehicles marketed for children as young as 12. The Baja 90, Baja Wilderness 90 and Baja Wilderness 90U four-wheel ATVs were recalled because they are missing a tire pressure gauge and a flagpole mounting bracket. Although neither the CPSC nor the company reported any injuries, they did consider the lack of the items to be a potential danger. These particular vehicles were
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Dangerous Toy Lawsuit Filed By California

This week, California’s Attorney General filed a lawsuit against 20 companies implicated in the various lead-tainted toy recalls of 2007. Among the companies named in the lawsuit are Mattel, Fisher-Price, Toys R Us, Wal-Mart, Target, Sears, K B Toys, Costco Wholesale, Eveready Battery Company, K-Mart, and Marvel Entertainment.
The lawsuit alleges that the companies violated the California Safe Drinking Water and Toxic Enforcement Act of 1986 since they failed to notify customers of toys in the marketplace that contained high concentrations of lead. Although the
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Cell Phones- Driving Dangers

Our serious injury lawyers are frequently litigating car collision cases in which the driver causing the serious injury was using a cell phone while operating the vehicle.
Research has consistently shown that operating an automobile while talking on a cell phone, either hand-held or hands-free, increases the risk of an accident by three to four times that normally experienced by attentive drivers. The general consensus of the scientific community is that there is little, if any, difference in crash rates involving hands-free versus hand-held cell
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Serious Dangers from Toys – Will It Ever End?

Many of you have already read press reports about the recall of over 4 million children’s craft kits because they contain beads coated with a chemical that turns into a dangerous drug if ingested. We have previously blogged about problems with Chinese manufactured toys and the Consumer Product Safety Commission.
In light of the massive recalls of these extremely dangerous toys, one has to wonder why these toys reached the shelves of stores in the first place. Many consumer advocates are now contending that these
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Structured Settlements in Serious Injury Cases

When a client is so seriously injured that they may not be able to work again at the same job and will likely incur future medical costs, it may be prudent for the client to consider a structured settlement as opposed to a lump sum cash settlement if one is offered. Our attorneys have handled many serious injury cases where a structured settlement has truly been in the best interests of our client. This is particularly so in the context of cases where the client
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Life Care Plans for the Catastrophically Injured Child

One of the many difficulties faced by attorneys who work on serious injury cases arises in the context of a catastrophic injury case involving a child. Many times, due to limitations on the extent of their medical knowledge, the doctors treating the child cannot always give an accurate prognosis for the child. Thus, it can be difficult when a child has been seriously injured to accurately predict how the injuries will manifest themselves as the child grows older. In some very sad cases, of course,
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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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