ATLANTA,GA
DULUTH, GA
We read last week about another tragic ending to a police chase case in Atlanta on January 15, 2009. Unlike many other such matters where the death is not worth it from a societal standpoint, this case appears to be an example where the dangers to the public caused by the police chase were warranted under the unique circumstances involved.
(more…)The injury lawyers in our firm have seen over the years that bicycle-car accidents can have serious consequences for the cyclist and often involve death or, at a minimum serious personal injury. A recent verdict demonstrates the kind of traumatic injuries that can occur in a bicycle-car collision. In that case, a jury returned a $1.8 million verdict in a personal injury case brought by a college student. She was seriously injured in 2005 when she was struck by 2 vehicles at an
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At least every week the Atlanta media carries a story concerning a wreck in which alcohol and drunk driving are a factor. The lawyers at Finch McCranie LLP see entirely too many cases in which alcohol or drunk driving cause serious injuries and death. The National Highway Traffic Safety Administration, NHTSA, recently released data concerning alcohol impaired driving for the year 2007. This is the latest year in which the data has been collected and analyzed. The figures are frightening.
(more…)As Georgia personal injury lawyers we have represented many people who have died or sustained serious injuries as a result of falling. Many of them are senior citizens and many of the accidents are a result of dangerous conditions caused by the negligence of stores, restaurants and other businesses. Although the elderly most fear breaking a hip when they fall, a government study indicates that hitting their head can also have deadly consequences. Brain injuries account for half of all deaths from falls.
The
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The Atlanta based lawyers with Finch McCranie LLP frequently receive calls about children injured by products specifically designed for their use. Last Thursday, the U.S. Consumer Product Safety Commission, CPSC, recalled 200,000 potentially deadly Fisher-Price’s Rainforest play yards.
Approximately 1,350 people had complained to the CPSC that one or both sides of the Rainforest play yard had collapsed. There were numerous reported injuries that included a broken nose, a mild concussion and a broken wrist. The play yards are often used as portable cribs and have a bassinet attachment. When the rails collapse, babies can fall out, get trapped or gain access to unsafe areas.
(more…)The current salmonella outbreak has a Georgia connection. The Food and Drug Administration announced yesterday that peanut butter and peanut paste made from ground roasted peanuts, manufactured in Peanut Corp.’s Blakely, Georgia, plant were found to contain the bacteria.
The FDA is advising consumers to not eat foods that contain peanut butter until they can be they are sure they do not contain salmonella contaminated products manufactured by the Peanut Corp. of America.
To date six deaths may have been connected to this salmonella outbreak,
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The Governor of Georgia has proposed legislation endorsing a system that the Government Accountability Office (GAO) castigated in a report issued yesterday. The GAO concluded that almost twenty years after Congress directed that all high-tech medical devices be subjected to a thorough review by the Food and Drug Administration (FDA), before being placed on the market, the FDA still approves most such devices after minimal testing.
This report is especially timely since the Bush administration has long argued that FDA testing and approval shields the
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The Consumer Product Safety Commission announced that about 535,000 Stork Craft Baby Cribs have been recalled. These cribs pose an entrapment and suffocation risk. The CPSC has instructed customers to stop using the products immediately.
The cribs were made by Stork Craft Manufacturing Inc. and were manufactured and sold between May 2000 and November 2008. They came in a variety of styles and finishes.
(more…)Eli Lilly, the drug company, according to a report in the New York times, is expected to agree as soon as Thursday to pay $1.4 billion to settle criminal and civil charges that it illegally marketed its antipsychotic drug Zyprexa for unauthorized use in patients particularly vulnerable to its risky side effects.
The company has been charged with scheming to concvince doctors to prescribe Zyprexa for patients, children and older persons, for whom the drug was not federally approved. Studies have shown that the drug
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Our Atlanta lawyers have had experience in bringing actions based upon foodborne illnesses such a salmonella. The salmonella outbreak across the nation has been potentially traced to peanut butter. A recall has been issued for peanut butter distributed by King Nut Companies of Solon, Ohio. The peanut butter was supplied only through food service providers and was not sold directly to consumers. King Nut has challenged the recall contending it could not be the source of the nationwide outbreak since it distributes to only seven
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As stated above, it is most important that counsel appear to be completely sincere in everything he says and does. The best way to do this is to speak from the heart and tell the jury exactly what you think. If the jury senses that counsel is speaking candidly in a forthright manner about the issues in the case, the jury is more likely to have confidence in what is being said.
If you speak from the heart, by definition, you are being yourself. If
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Every good trial lawyer knows that a jury remembers best that which they both hear and see. Accordingly, demonstrative exhibits should always be used during closing argument. Sometimes demonstrative exhibits are necessary in order to emphasize a point about liability. Sometimes they are used to emphasize principles of law.
Effective demonstratives can also be used to discuss damages. A good closing argument might use demonstratives in all of these areas. In short, a well prepared demonstrative exhibit will assist counsel in making his point while
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In giving a closing argument, it is essential that counsel use the legal language of the case. The court will be instructing the jury on various principles of law that could be absolutely crucial in the jury’s determination of the facts. Thus, when discussing a case with the jury, counsel should use the language of the case. Counsel should use and explain terms such as “preponderance of the evidence,” “proximate cause,” “breach of duty,” “failure to exercise ordinary care,” “negligence,” and “damages.” If, for example,
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As discussed above, one should not rely upon the inspiration of the moment to deliver a closing argument. A winning summation is usually the result of meticulous, painstaking preparation done well in advance of the actual delivery of the remarks. In order to insure that such preparation is not wasted, obviously, it is necessary that counsel utilize a structure in preparing his/her outline of the legal and factual issues counsel wishes to discuss with the jury.
The following elements should be present in your remarks: 1) an interesting introduction to the summation; 2) a discussion of what happened; 3) a discussion of the law and the burden of proof and why; 4) a discussion of damages; and 5) an appropriate peroration or conclusion.
(more…)In order to communicate with sincerity, there must be a body language and eye contact that flows naturally when discussing a case with the jury. The word discussion is important because one should never read to a jury or give them a speech. It is difficult to develop a personal rapport with the jury if one is speaking at someone as opposed to talking with them. While there should be an element of formality to the summation consistent with the seriousness of the cause of
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Another fundamental of a sound closing argument is being as natural as you can be. You should never try to imitate someone else’s style or manner. You can only be yourself. The jury is always watching you very closely. Are you sincere? Are you believable? Are you trustworthy? Everything you do must communicate to the jury that you believe to the core of your being in the justness of your client’s cause. If you subliminally communicate such a belief in everything that you do in
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It is a very effective form of communication to stay on message and repeat consistently a unified theme. In the opening statement, a theme of the case or theory of the case should have been developed.
The trial lawyer should harken back to his opening statement during summation and use some of the same language in discussing the issues. This so-called “echo effect” is very important in driving home a point. The Republicans are masters at staying on message and repeating their message constantly and
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What follows are excerpts from an article one of our lawyers wrote about Closing Arguments. We have previously posted Trial Techniques articles about effective cross-examination. As this article is broken ito separate parts, we will post the various subsections and suggestions in separate posts over the next several weeks. We hope this will be helpful to you if you are a practicing atorney and ,if a potential client, will give you insight into what a Trial lawyer should do to effectively represent your interests:
The
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In a wrongful death case, a jury will be instructed that they should return a verdict for the “full value of the life of the decedent.” This means not only any economic damages caused by a premature and wrongful death, but also “non-economic damages.” How is this calculated and how should jury be instructed to reach such an award? Interestingly enough, the jury will be instructed that they should rely upon their “enlightened conscious” in making such determinations.
If a 28-year old is killed
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As stated in earlier blogs, in Georgia, the measure of damages for a wrongful death is “the full value of the life of the decedent.” One component of the full value of the life of the decedent is the loss of earnings and loss of income. If a 28-year old dies while earning $40,000.00 per year and he/she will work until age 70 (which is another 42 years) one simple way to calculate the loss of wages would be 42 years times $40,000.00 per
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