Finch McCranie, LLP

Drunk Driving Deaths Among Females Shows Alarming Increase

A Douglas County, Georgia woman has been charged with criminal offenses involving drunk driving after a collision early last Monday morning resulted in two deaths of innocent motorists. The Atlanta press reported that Natasha Searcy, 22, was driving drunk in her 1998 Pontiac when she crossed the center line, striking a car driven by 25-year-old Ashley Ingalsbe.
Searcy has been charged with vehicular homicide in the first and second degrees, driving under the influence, not having insurance and failure to maintain lane, and was
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Danger Warning For Weight Loss Drugs

Our Georgia attorneys frequently receive calls about dangerous drugs which seem to be routinely marketed to unsuspecting consumers and health care professionals. Recently, weight-loss drugs made by mega-manufacturers GlaxoSmithKline Plc and Roche Holding AG were linked to at least 32 reports of serious liver injury from 1999 to October 2008.
The Food and Drug Administration has posted a notice on its web site advising consumers taking Glaxo’s over-the-counter drug Alli or Roche’s prescription Xenical to consult a doctor if they experience weakness, fever, jaundice
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Bassinet Warnings Renewed After Georgia Death

Last September a 2 month old child in Demorest, Georgia, died after being suffocated when she became trapped in a pocket of fabric not securely fastened to her bassinet. In January of this year, a 6 month old child in Fort Worth, Texas, died when a fabric flap on her basinett was undone and she became trapped between exposed bars in the bassinet.
Both children died after getting trapped in previously recalled bassinets manufactured by Simplicity. These deaths follow two prior deaths in 2008 under
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Another Unfair Mandatory Arbitration Clause Bites The Dust

Another bank with a large presence in Georgia has bowed to pressure from consumers and consumer advocacy groups and abandoned the unfair practice of mandatory arbitration. Bank of America Corp. announced it will stop requiring that disputes with its credit card holders and banking and lending customers be settled by binding arbitration.
As we have written before, many consumers are unaware that card agreements typically include a clause that waives a card holder’s right to sue. Lenders instead use arbitration to go after delinquent accounts
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Health Insurer MIsleading Practices Exposed

A health insurer which sells policies in Georgia and other states has been subjected to a major fine and other sanctions by the state of New York, after New York officials accused it of leaving patients with huge hospital bills.
The American Medical and Life Insurance Co., advertising through an intermediary called Cinergy, markets health insurance as a lower cost option for the uninsured and underinsured. It was pitched as costing just $5 a day, or the cost of a hamburger or pack of cigarettes.
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Police Pursuits and Death to the Innocent: The Police Don’t Get It

We read this week the tragic news of eight (8) deaths in a police chase in California. According to news accounts, the police were trying to stop a Dodge Neon over alleged traffic infractions when the pursuit began. Is it worth risking the death penalty to innocent members of the motoring public to catch a traffic violator? There is nothing in the news accounts indicating that this violator was known to the police to be violent. Nonetheless, even though police chases present much greater
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Jury Awards Woman $4 Million For Doctor’s Negligence In Emergency Room

Georgia injury lawyers representing victims of medical malpractice are still disheartened about the so-called “tort reform” that the Georgia Legislature has enacted in the last two or three years. Most Georgia citizens have no idea that they have given virtual immunity to Georgia emergency room physicians. If you are a patient in a Georgia hospital emergency room and you are seriously injured or meet your death as a result of an emergency room doctor’s negligence or medical malpractice, you cannot
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FDA Announces Reforms To Protect Consumers

Many Georgians were affected by the recent salmonella outbreak related to peanut butter. Some were sickened by the defective product and others lost jobs in the peanut processing plant that became ground zero for the recall. Now, the Food and Drug Administration has announced it is moving towards stronger, more aggressive and much faster responses to enforcing the laws and regulations that govern the safety of drugs, medical devices and much of the U.S. food supply,
New FDA commissioner Margaret Hamburg has been in office
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Second Georgia Motorcycle Accident In A Week Seriously Injures Biker

For the second time this week a man has been seriously injured in a Georgia motorcycle accident. A Tennessee man who is a member of the Steelehorseman motorcycle club in Nashville was on his way to the National Biker Roundup at the Atlanta Motor Speedway when the accident occurred on I-7 S at State Route 92 in Atlanta. He was airlifted to Grady Hospital where he is being treated for his injuries. The accident is under investigation. Yesterday’s motorcycle accident resulted in the
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Police Chases and Russian Roulette: Death Penalty for the Innocent

We read today about a deadly police chase which occurred over the weekend which is both tragic but also unbelievable. In this particular case, the police were chasing a 20-year old male in Pennsylvania allegedly for driving a vehicle which was reported as stolen. During the high speed pursuit which ensued, the police chased this individual through, according to news accounts, “39 stop signs and/or stop lights.” In other words, during this pursuit, the police witnessed this individual as a result of the high speed
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Damages Allowable Under The Federal Tort Claims Act

Damages under the Federal Tort Claims Act are measured by the law of the state in which the tort occurred. Thus, the state statutes control what damages may be obtained. However, there are some differences principally in the context of wrongful death claims. Because every law in every state is different in this regard, suffice it to say that counsel must be familiar with the District Court opinions in their district as well as in their state. The differences can also dictate who has
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Atlanta Motorcycle and Motor Scooter Dangers

Motorcycles and motor scooters are becoming increasingly popular in Atlanta due to congestion and their gas saving qualities. However, we are increasingly seeing terrible and tragic accidents involving motorcycles and motor scooters. Unfortunately, many of these incidents are caused by distracted drivers who simply do not see the motorcycles or motor scooters.
In today’s Atlanta newspaper there is an article concerning a 55-year-old Atlanta resident who was killed while riding a motor scooter. She had stopped on Peachtree Road to make a turn into her
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Suing State Law Enforcement Officials In State Court:Easier Said Than Done

Under the law of the State of Georgia, law enforcement officials enjoy official immunity for acts performed within the scope of their discretionary authority. As long as they are performing discretionary acts and not ministerial duties, they can only be held liable if they are acting outside the scope of his authority or with actual malice or intent to injure. These are very difficult propositions to prove in the routine case. If an officer, however, violates a simple ministerial task, he can be liable but
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Suing Law Enforcement Officials In Federal Court: Easier Said Than Done

Under the Eleventh Amendment to the United States, a state law enforcement official typically cannot be sued in his official capacity for acts done within the scope of his official duties. The reason is the Eleventh Amendment which prohibits lawsuits against a state or “state actors” without state consent. This constitutional prohibition against such lawsuits typically means that if someone has a civil rights claim they wish to assert in court against a law enforcement official then they might need to consider doing so in
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Suing Law Enforcement for Excessive Force Claims: Easier Said Than Done

When a law enforcement officer abuses his authority and uses excessive force in an arrest or detention of a suspect, legally, the victim of such excessive force faces some very significant legal hurdles in seeking redress for any injuries caused by the excessive force. What we refer to here is known as the doctrine of qualified immunity. Simply stated, as long as a law enforcement official is acting within the scope of his discretionary authority, he/she essentially has immunity for his acts unless he clearly
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The Federal Tort Claims Act: Ask For a Sum Certain

As indicated in our prior blogs on this subject, when a claim is brought under the Federal Tort Claims Act, it must be initiated via the filing of an administrative claim. The administrative claim should not be filled out in the most sparse form imaginable rather all pertinent details of the claim should be provided. This includes providing all relevant documentation which supports the claim. Indeed, it is somewhat analogous to submitting a settlement package to an insurance company. All information concerning when and where
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Arbitration Clauses Before Supreme Court

Mandatory arbitration clauses are contained in almost every consumer transaction agreement, and financial and employment contracts. We have previously written about the fact that these mandatory arbitration clauses benefit only big business. As a result of the unfair nature of these clauses, there has been a movement within the United States to prohibit their inclusion in many consumer, financial, and employment contracts.
The increasingly conservative United States Supreme Court has recently been upholding a wide range of mandatory arbitration clauses. Just recently, the Supreme Court
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De-Ja Vu : More Police Chases Equal More Deaths

Last week we read about what has become an all too familiar pattern, more police chases equal more deaths. In one case in Los Angeles a six year old was killed when the police were chasing suspects who were believed to have been involved in a drug transaction earlier. The death penalty was imposed on this six year old girl in order to catch a suspected drug user. Was the price worth it? Also in Los Angeles, a motorcycle officer was killed during a pursuit when he lost control of the motorcycle. In a police chase in Jacksonville, two police officers and a suspect were hospitalized with serious injuries. These were three separate incidents which occurred on June 10.

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Police Chase Results In Death Of Child

Police chases very often end in tragic results. Our Atlanta attorneys have handled many such cases in Georgia which have resulted in the loss of innocent lives while law enforcement officers chased suspects for minor offenses.
Despite the carnage which these chases cause and the pain and grief inflicted upon innocent victims, lawmakers continue to make it more difficult for innocent victims to receive compensation for losses. These restrictions also have the effect of making it easier for law enforcement officers to engage in dangerous
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The Federal Tort Claims Act: The First Step to Take

Under the FTCA, a plaintiff must first submit an administrative claim to the responsible federal agency prior to the initiation of a lawsuit. The courts have held that the filing of such a claim is a jurisdictional requirement meaning that before the United States government can be sued, a written claim must first be made to the responsible federal agency which the claimant contends is liable for their damages. Many federal agencies have their own regulations governing the filing of such claims but in most
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