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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Wrongful Death Damages

When someone is killed due to the negligence of a third party, a wrongful death action can be filed in order to recover the “full value of the life of the decedent” as determined by the “enlightened conscience” of fair and impartial jurors. The measure of damages is defined exactly this way under Georgia law. That being, what amount of compensation would provide adequate reimbursement for “the full value” of the life of the decedent. This seems almost impossible to calculate because one can
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Negligent Security Cases: Responsibility For Criminal Acts

Negligent security cases typically arise in the context of a victim of a criminal assault either at an apartment complex or motel. If the apartment complex provides security but negligently does so, and a tenant is attacked at a time an attack is foreseeable, an apartment complex can be held liable even if the damages were perpetrated by a criminal third party. Similarly, in a motel setting, if the motel is aware that their tenants are at heightened risk of attacks from criminals and fail
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Ford Recalls F-150 Pickups Over Airbag Problems

It was announced today that Ford Motor Company has recalled 2005 and 2006 year model F-150 pickup trucks because of problems with unexpected and unintended airbag deployments. According to the National Highway Traffic and Safety Administration, the recall involves approximately 150,000 F-150 pickup trucks. It appears that front airbags have been deploying unannounced. Obviously, this could lead to an accident if the airbag deploys while the vehicle is being driven or otherwise causes a distraction that might cause a driver to lose control. Ford officials
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Crib and Playpen Injuries Studied

Cribs, playpens, and bassinets continue to injure and kill infants with alarming frequency.
A study published this week in the journal Pediatrics reveals the alarming frequency of injuries to babies who have been placed in cribs, playpens or bassinets.
A review of emergency-room treatments for more than 181,000 babies age 2 and under from 1990 to 2008 showed an average of 113 deaths per year from accidents associated with those three pieces of nursery equipment.
The number which is considered low because such deaths are
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The Importance Of Uninsured/Underinsured Motorist Coverage

We have previously written about the importance of uninsured motorist coverage, particularly in today’s economic times. In this article we wish to reemphasize how important it is that Georgia residents protect themselves with uninsured motorist coverage if at all possible within their family budget. The reason for this is because more and more motorists are driving with the minimum limits required by law, which is only $25,000.00 per person and many are driving with no insurance whatsoever, taking their chances with the law. The economy,
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Deaths Reported From Infant Child Monitors — Recall Issued

The Consumer Product Safety Commission has recalled nearly 2 million baby monitors due to the risk of infant strangulation by the monitors’ electrical cords. The CPCS initiated the recall due to seven cases of infant strangulation in recent months.
The reported injuries and deaths include:
A 10 month-old Washington, D.C. infant died in March when she became tangled in the camera cord of a Summer infant monitor. The monitor camera had been attached to the top rail of her crib;
In November of last year,
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Victims Of Crime And Personal Injury Claims

Our firm is often contacted by those who have been victimized by a criminal act seeking advice as to whether they have a claim against the perpetrator of the crime. These cases come to us in a variety of different contexts. Sometimes a rape victim is interested in determining whether they have a claim against a hotel that negligently allowed the attack by a former employee or failed to provide adequate security with respect to the security of their room. We have had similar calls
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Car Accident Cases: How Does One Determine Settlement Value?

If someone breaks a leg in a car accident and incurs $20,000.00 in medical bills and is out of work for three or four months due to doctors’ appointments, surgery, etc., how does one determine the value of such a claim? Indeed, how does anyone determine the value of any personal injury claim? The answer is by looking at available jury research service data to determine what juries typically award for the value of certain types of injuries. If someone breaks a leg in
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Car Accident Cases And Quick Cash Settlements: A Bad Idea

As we have blogged about previously, unless a car accident victim suffers minor injuries, it is typically not in their interests to try to get a quick cash settlement. Yes, these can be some temporary financial hardships caused by the delay in securing a settlement, however, patience is the watch word in many of these cases unless the client is in such desperate need for money that they have no choice but to significantly discount the value of their claim in order to get a quick cash settlement. Before this course of action is decided upon, however, clients need to be educated by their attorneys as to the costs involved in trying to get a quick cash settlement.

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Car Accidents And Quick Cash Settlements

Here in Atlanta we have had an extended break from work due to icy road conditions. Most of our lawyers have not been able to get into work so we have been watching some television during the day. What is fascinating is the number of lawyer ads on television particularly pitching for personal injury cases. What is troubling, however, is the pitch that many of the law firms promised to get “quick cash settlements” for car accident victims.

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