Finch McCranie, LLP

Katrina Victims Lose To The Insurance Industry

The Fifth Circuit Court of Appeals in New Orleans ruled Aug. 2, 2007, in In re Katrina Canal Breaches Litigation, No. 07-30119, that property owners in New Orleans whose buildings were flooded as a result of levee breaches in the aftermath of Hurricane Katrina cannot recover losses from their insurance companies because of the flood exclusions in their insurance policies. Thousands of policyholders of various insurance companies will be affected by the ruling and it is estimated that the policyholders may have to absorb losses
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Visibility Factors in Nightime Truck Accidents

The lack of visibility of large trucks on the road after dark is a major factor in many accidents which our lawyers have investigated. The scientific term used to describe this area of study is “conspicuity.” Conspicuity refers to the factors of (1) perceiving that something is on the dark road ahead, (2) identifying the object as a large truck, (3) appreciating the truck’s position and slower speed as a danger, and (4) stimulating you to take evasive maneuvers to avoid the imminent collision.
Many
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Pedestrian Injury and Death in Atlanta, Georgia

Atlanta has previously been identified as one of the most dangerous large metropolitan area in the country for pedestrians. Although statistics are not always accessible, in the calendar year 2001, for example, 64 pedestrians were reported killed in Atlanta. Throughout the State of Georgia, more than two-thirds (2/3) of pedestrian fatalities occurred on neighborhood streets, which helps explain why pedestrian injury is the second leading cause of death for children age 5 to 9. Another problem, particularly prevalent in Atlanta, are unsafe sidewalks. While the
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Mandatory Arbitration Clauses Deprive Consumers of Basic Rights

Get a credit card, buy a car, or sign up for a cellphone plan, and chances are, if you’re unhappy with your transaction, you won’t be telling your story to a judge. Many consumer contracts include unfair mandatory arbitration clauses that force individuals to go through arbitration, instead of civil court, if a dispute arises. Mandatory arbitration clauses tend to give companies, not the public, protection because the arbitration process can be costly and the time to make a case is limited.
Consumer lawyers contend
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MEDICAL MALPRACTICE IN GEORGIA

In 2005, the Georgia General Assembly enacted the so-called “Tort Reform” Act which greatly affected medical negligence claims in the State of Georgia. The stated intent was to lower insurance rates for physicians and healthcare providers. However, while severely restricting the rights of individual citizens to seek redress in the Courts, and increasing the burdens on plaintiff’s lawyers, the insurance rates of healthcare providers have not decreased.
While the requirements of bringing a medical malpractice case and the standards for obtaining experts have been greatly
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Reduction in Value: A Misnomer in the Wrongful Death Context

Recognizing the time value of money, Georgia law requires that an award of damages representing a present compensation for any future pecuniary loss be reduced to its “present value.” In some ways this is common sense. If, as the result of a wrongful death, wages for the next 20 years have been lost, it is reasonable that such economic damages be reduced to present cash value in order for a present day award to be fair to both sides. A verdict is being returned today,
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An Estate’s Claim in a Georgia Wrongful Death Case

Georgia law is unique in the context of a wrongful death action in that it divides a wrongful death claim into two parts. The first part, which we have previously blogged about, involves the rights of the survivors of the deceased to seek compensation for “the full value” of the life of the decedent. The second part of such a claim involves claims that the personal representative of the deceased may bring separately. This includes claims for funeral bills, medical bills which were incurred prior
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Proving Non-Economic Damages in a Wrongful Death Case

In a Georgia wrongful death case, it is important that the plaintiff establish all economic and non-economic damages caused by the wrongful death. Economic damages obviously include an analysis of how much income and wage was lost by the untimely demise of the decedent. Proving non-economic damages, however, does not involve an economic analysis but instead involves a presentation of the intangible components of the decedent’s life. In Georgia, in particular, it is important that a wrongful death claimant establish this aspect of “the full
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Suing Drunk Drivers for Punitive Damages

In Georgia, juries are not reluctant to impose punitive damages against drunk drivers. It is common knowledge that drunk driving is a grave danger to the motoring public. Anyone who gets behind the wheel after having consumed intoxicating drugs or beverages obviously poses a risk of danger to the public. In Georgia, many years ago, the Georgia Legislature limited the imposition of punitive damages in tort cases to $250,000.00. This limitation in punitive damage awards was part of a “tort reform” effort of the business
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Proving Economic Damages in a Wrongful Death Case

In terms of a jury presentation, attorneys often disagree about the best approach to demonstrate the economic losses caused by a wrongful death. If the decedent was a substantial wage earner who lost, not only substantial earnings, but also valuable fringe benefits such as 401(k), profit sharing and other similar benefits, one school of thought is to hire an economist who can project for a jury the lost income stream over the working life of the decedent (typically up to age 65 or 70) and
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Unnecessary Use Of Tasers Banned By Federal Court

The use of unnecessary force by law enforcement officers is a common and inexcusable problem. Many of the attorneys at Finch McCranie LLP have law enforcement backgrounds and recognize the inherent dangers of police work and the need at times to use force. However, this does not justify the use of unnecessary force.
The United States Court of Appeals for Ninth Circuit has recently issued an opinion addressing this issue in the context of Taser use. The Court, headquartered in California has sent a strong
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Polaris Recalls Potentially Dangerous ATV Model

The product liability lawyers at Finch McCranie, LLP pay close attention to the recall of dangerous products that can lead to the wrongful death of innocent people. This week, in cooperation with the U.S. Consumer Product Safety Commission, Polaris Industries has issued a voluntary recall of approximately 8,500 all-terrain vehicles because of a potentially dangerous steering problem, caused by a defective and dangerous front-end component. The recall applies to 2009-2010 models of the Polaris Sportsman ATV. Although there have been no reported
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Vicious Dogs Can Be Serious Liability Risk

Georgia injury lawyers know that dog bite incidents often result in very serious injuries and in some cases, death. We have had a number of these cases over the years. The most recent case involved a real estate agent who was attacked by a large dog. Although the dog was tied up at its owners home, it was inadequately restrained by a collar which was itself a defective product. As a result, the dog got loose and literally bit off the entire calf
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Dangerous Dehumidifiers Recalled

The Georgia injury lawyers at Finch McCranie, LLP handled a wrongful death case several years ago wherein we represented the family of a young boy who died in a house fire caused by a defective humidifier.
This week it was announced that Home Depot is recalling Chinese manufacture dehumidifiers because they pose a fire hazard according to the U.S. Consumer Product Safety Commission. The recall involves approximately 2,000 Hampton Bay model HB-50 dehumidifiers. The U.S. Consumer Product Safety Commission says that an
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Georgia Teenager Struck By Car

As Georgia injury lawyers we have represented many pedestrians who have been struck and seriously injured in automobiles accidents. Just this year we represented a young mother who was crossing a roadway with her two young children when they were struck by a motorist who admitted that she never saw them prior to impact. Unfortunately one of the children died and she sustained serious injuries.
Today it was reported that a car hit an 18-year old pregnant girl and her 4-year old brother
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Suing The Government: Pre-Suit Notice Requirements

It is a sad reality that innocent citizens are oftentimes injured by their own government. City and county employees and/or state employees operate vehicles on a day-to-day basis and like other drivers sometimes are guilty of negligence which cause considerable damage to innocent third parties. Because of the expansive conduct of governmental entities in virtually every aspect of our lives, there are many other real life scenarios whereby innocent third party citizens cam be and are injured by the acts of government employees. In such
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Important Victim’s Rights Statute Under Review

The Georgia Court of Appeals has recently accepted an Application for Interlocutory Review of a very important victim’s rights statute in this state. Here we refer to a case in which we represent the Plaintiff involving a tolling provision for the statute of limitations for victims of crime. O.C.G.A. § 9-3-99 was enacted as part of the Crime Victims Restitution Act of 2005 and will now be interpreted by the Court of Appals after a ruling in this appeal. Its tolling provision reads as follows:

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Two Infant Deaths Lead To Recall Of Amby Baby Motion Bed

The Consumer Product Safety Commission announced that about 24,000 Amby Baby Motion Beds – hammocklike beds have been recalled. According to the Consumer Product Safety Commission the side-to-side shifting or tilting of the hammock can cause an infant to roll and become trapped or wedged against the hammock’s fabric or mattress pad, posing a suffocation risk.. The CPSC has instructed customers to stop using the products immediately.
The beds, made by Amby Baby USA of Minneapolis, Minnesota, were sold online through Ambybaby.com and other retailers
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Georgia Bicycle And Pedestrian Accidents

Of all the possible traffic accidents in Atlanta, cases in which vehicles collide with a bicycle or a pedestrian can have the most tragic results. When walking or riding a bike, you do not have the same structural protection against impacts that you do while driving, so you are more likely to be the injured party, and you are more likely to be hurt badly.
If you are severely injured or if a loved one was killed in a bike or pedestrian accident due to
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Head-On Automobile Accident In North Atlanta Results In Death

Georgia injury lawyers know that any head-on collision between two vehicles is usually a serious matter. A head-on collision occurred today in Johns Creek on State Bridge Road which resulted in the death of one of the drivers and serious injuries to the two occupants of the other vehicle. Both individuals were airlifted to different metro Atlanta hospitals.
Automobile accidents are a leading killer of Americans. If you have been injured or lost a loved one due to an automobile accident,
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