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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“Distraction Driving” Equals Dangerous Driving

The statistical evidence regarding automobile accidents continues to demonstrate that drivers who are distracted while driving are dangerous drivers likely to be involved in accidents. Texting while driving, using cell phones while driving and other distractive driving problems continue to cause more and more accidents on our highways and more and more injuries to innocent third parties endangered by such conduct.
According to the National Highway Traffic Safety Administration in 2008, there were a total of 34,017 fatal crashes in which 37,261 individuals died.
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Toyota’s Sudden Acceleration Problems Mount

Last fall Toyota announced the largest auto recall in U.S. history after numerous sudden unintended acceleration accidents were reported, many of which resulted in fatalities. Now, Toyota has announced an additional recall of 2.3 million vehicles to correct this same problem. Why the additional recall? It appears that Toyota is doing so because ABC News is soon to report an increase in sudden acceleration cases since the recall last year. According to news reports, there have been 60 new cases of sudden unintended acceleration cases
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Graco Recalls Potentially Dangerous Strollers

Georgia injury lawyers know that defective and dangerous products of all types are sold in this country. The use of some of the dangerous products have resulted in serious injuries and in some cases death. Several years ago, the Georgia injury lawyers at Finch McCranie, LLP represented the family of a young boy in a products liability case. The boy died in a house fire caused by a defective humidifier. The types of dangerous products run the gamut.
A new
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Should I Settle My Personal Injury Case?

This is a question that we are asked by virtually every client in every case we have. The answer is that if a settlement offer is made which is approximately equal to what one can expect to receive at a jury trial then the case should be settled. In other words, there would be no need for a jury trial because the settlement offer being made is approximately what one would likely receive in front of a fair and impartial jurors. If the offer is
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Mediation: How It Works

Mediation can be employed at any stage of a civil dispute. It can occur before or after a lawsuit is filed. Our experience at this firm has typically been that mediation occurs after a lawsuit is filed and after the parties have become well acquainted with the strengths and weaknesses of both sides of the dispute. Once the parties have access to all the operative and materials facts via written discovery and depositions, it is not uncommon for one party to suggest a mediation of
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Should A Client Agree To Mediation In A Personal Injury Case?

The simple answer to this question is – Yes. Mediation is a tool that is oftentimes successfully used to settle disputes in a variety of contexts including personal injury claims. Whether the case involves breach of contract, employment disputes, medical malpractice, products liability or an automobile accident, mediation has proven to be an effective tool in resolving civil disputes. While it is not always successful, nonetheless, mediation is something that should be considered by virtually any client when trying to resolve a civil dispute. If
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Georgia Motorcycle Accident Results In Head Injury

As Georgia injury lawyers know, motorcycle accidents often result in serious injuries, which include brain injury and unfortunately sometimes death. Just yesterday, a teenager between the ages of 16 and 17 years old was injured in a motorcycle accident at Highland Park, a 1000 acre motorcycle and all-terrain vehicle (ATV) park in Cedartown, Georgia. Details of the accident are not know at present; however, officials have indicated that the victim has suffered head iinjuries. Redmond EMS requested Cedartown Rescue to assist.
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Suffering and Destruction In Haiti

The personal injury and wrongful death lawyers at Finch McCranie LLP see suffering and loss on a daily basis through the clients we assist. However, rarely have we seen death, destruction, and suffering on a scale as that which is occurring in Haiti as a result of the tragic earthquake.
This week, in a non- partisan effort to help alleviate this terrible situation, former Presidents George W. Bush and Bill Clinton joined forces to lead the effort to raise funds for relief. They issued a
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Mandatory Arbitration in Nursing Home Contracts Opposed

Mandatory arbitration agreements deprive citizens of their right to seek redress in the courts of this country. Many large businesses place these clauses in their consumer agreements as a requirement. It has been consistently shown that the arbitrations which flow from these clauses are skewed in favor of the large corporations. Simply put, arbitrators know that they will not continue to receive business from these companies if they rule against them.
Recently, public pressure has forced many credit card companies to remove these unfair clauses
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Dangerous Levels of Cadmium in Chinese Products

Children are being exposed to dangerous chemicals in toys and items manufactured in China. In recent years there have been numerous recalls of goods manufactured in China due alarming safety concerns. However, it seems the Chinese are continuing to flood the US market with dangerous and even deadly products.
Lab testing organized by The Associated Press revealed that cadmium is present in children’s jewelry, sometimes at levels exceeding 90 percent of the item’s total weight. Cadmium is a soft, whitish metal that occurs naturally in
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