Finch McCranie, LLP

Trial Techniques – The Art of Cross-Examination Part II

In our first article on the art of cross-examination, we addressed the first objective of cross-examination, that being an effort to obtain evidence which is favorable to one’s case without attacking the witness. The second alternative purpose of cross-examination, which we address in this article, however, is to impeach or corroborate the testimony of another witness in the case. Here, we do not speak of impeaching the witness offering the testimony or otherwise attacking their credibility, but rather impeaching or corroborating the testimony of another
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Trial Techniques: The Art of Cross-Examination – Part I

This entry will be the beginning of a series of blogs on trial techniques used by successful trial attorneys in the representation of their clients. The art of cross-examination is just that, an art, not a science. To be a successful trial lawyer, one has to be successful at cross-examination. This requires some natural ability to think logically in the heat of battle a fundamental understanding of what makes for successful cross-examination and actual trial experience.
As successful trial lawyer does not become a successful
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Dangerous “UTV” Recall Following 46 Deaths

Yamaha Motor Corporation, the manufacturer of Rhino off road vehicles, has recalled the same because of safety issues associated with its Rhino 450, 660 and 700 models. Owners of these Utility Terrain Vehicles (UTVs) are being warned not to use them until certain repairs are made. The repairs that will be made to the vehicles include the installation of a spacebar on the rear wheels as well as the removal of an anti-sway bar which repairs are supposed to reduce the chances of rollovers.
According
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Home Propane Gas Explosions Can Cause Injuries and Death

One of the Georgia injury lawyers at Finch McCranie, LLP recently got a case involving a propane explosion which completely burned and destroyed the client’s home. The explosion could easily have resulted in the death or serious injury of the clients entire family, including their new baby. Fortunately the injuries were not life threatening; however, they lost everything they owned and have no insurance to replace the home.
Propane is a highly combustible hydro-carbon gas, similar to ethane and butane. Propane gas is compressed
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Charter Bus Accident in Atlanta Repeats Bluffton University Bus Accident on Interstate 75

As the lawyers who represented the most seriously injured survivor of the March 2007 Bluffton University bus accident on I-75 in Atlanta, we were greatly disturbed today to hear that two charter buses from Detroit reportedly have crashed at exactly the same location on I-75 in Atlanta.
WSB-TV reports that the two buses mistakenly took an “HOV-only” left exit ramp from I-75 southbound in Atlanta at Northside Drive, instead of staying on I-75’s regular HOV lane. The buses were carrying a high school band. The
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Drug or Prescription Errors Can Cause Death and Serious Injury

As Georgia injury lawyers, we often get calls about pharmacy mistakes and prescription errors being committed by medical providers, including drug stores. Many times, the mistakes are caught before any damage is done; however, sometimes serious injury or death occurs. Recently, we read about a case where a pharmacist at a Wal-Mart store allegedly mislabeled a pill bottle, resulting in a woman in her 70’s taking twice the recommended and prescribed dose of a blood pressure medication. As a result, she has suffered serious
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Medical Device Dangers Are Avoidable

Our attorneys have seen many cases in which patients are injured, sometimes severely, by healthcare professional in Georgia hospitals committing careless and preventable errors or by medical device defects.
The ECRI Institute recently released its annual list of top hospital medical device hazards for last year. The ECRI Institute, a nonprofit organization, dedicated to bringing the discipline of applied scientific research to discover which medical procedures, devices, drugs, and processes are best, in an effort to improve patient care. It is one of only a
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LIABILITY FOR ATV DEATHS AND SERIOUS INJURIES-ARE YOU AT RISK?

As a Georgia injury lawyer I read more and more about ATV accidents involving serious injuries and deaths, especially among children. Although there have been dozens of tragic deaths, I recall that in 2003 five Georgia children died after a car struck their ATV. The children, ranging in age from 11 to 14, had piled into the ATV and were going for a ride on a winding road during a birthday party when the collision occurred.
Two years ago, we represented the estate of
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ATV DEATHS AND INJURIES ARE ON THE RISE

With the growing popularity of ATV’s or All-Terrain Vehicles, serious injury and death cases are on the increase in Georgia, especially among children. Believe it or not, the only legal requirements governing ATV operation in Georgia are that they have brakes and a muffler, and that the operators do not ride on private property without permission. Because of the ever increasing number of fatalities and serious injuries to ATV operators, especially children, the Georgia legislature decided it was necessary to study this problem to determine

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Worker’s Compensation Claims Overview

In Georgia, worker’s compensation is essentially an insurance program regulated by the state and required of most employers. Worker’s compensation pays medical bills and lost wages for employees who have had work related accidents resulting in illness or injury.
Employees with work-related conditions or injuries are entitled, but not limited, to:
• Reimbursement of travel expenses, including mileage to and from medical appointments
• Prescription reimbursements
• Two-thirds of your weekly wage while you are unable to work and are off work up
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Family Files Wrongful Death Suit Over Police Chase That Ended in Fatality

It seems that everyday when our personal injury lawyers open the paper, we read about another wrongful death in the context of a high speed police chase. Today, we read about another tragic police chase, this one in Montana. The Billings Gazette reported that the family of a Billings nurse killed by a drunken teenager who was fleeing from police has filed a wrongful death and negligence lawsuit, claiming city officers and county deputies violated their own pursuit policies. Stahl died shortly
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Dangerous Contraceptive Pills Yaz and YasminShould Be Removed From The Market

As Georgia injury lawyers, we are well aware that citizens can no longer rely on the Federal Drug Administration (FDA) to be the guardian of public safety when it comes to new drugs that come to market. Every year, the cash rich pharmaceutical companies, with their high powered lobbyist market and sell dangerous drugs and medical devices to the public. The Coalition Against Bayer Dangers, a consumer watchdog group, has demanded an ban of “third generation” contraceptive pills with increased rates of side effects. Studies
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Aide Pleads Guilty To Neglect In Nursing Home Death

Nursing home neglect and nursing home negligence leading to the wrongful death or serious injury of the elderly is a growing problem. With the number of aging baby boomers steadily increasing, it is likely to continue to be a problem. Neglect takes many forms. Recently, we read that an Illinois woman involved in a lawsuit over the alleged wrongful death of an 89-year old Alzheimer patient has pleaded guilty to criminal neglect, according to the Chicago Tribune. Sara Wentworth died of hypothermia earlier this

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Federal Pleading Standards Receiving Congressional Scrutiny

Pleading standards in Federal Courts have been dramatically impacted by two recent United States Supreme Court decisions. These decisions, Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, raised the standard that parties bringing a lawsuit must meet to avoid having their cases dismissed.
At issue is how specific a pleading must be under the Federal Rules of Civil Procedure. Rule 8 requires that a complaint include “a short and plain statement of the claim showing that the pleader is entitled to relief.” Rule 12
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Serious Injury Or Death Often Results From Electrocution Injury

As Georgia injury lawyers, we have seen a number of electrocution cases over the years. Some of the electrocutions result in serious injury and many result in death. Electrocution injury can cause many problems which include, tingling, pain, tetany, palpitations, chest pain, respiratory arrest, amnesia, seizures, altered mental state, coma, blistering and wounds. This week we had occasion to investigate the electrocution of a client who is a lineman for an electric utility company. He was seriously injured when he came into contact
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Nine Deaths Linked To Highly Flammable Women’s Robes

The product liability injury lawyers at Finch McCranie,LLP have handled many wrongful death cases stemming from dangerous products. These products take many different forms. The Associated Press reported this week that full-lenght women’s chenille robes made in Pakistan are being recalled because they are highly flammable and are now linked to nine deaths of women, most of whom were in their 70’s and 80’s. Most of the incidents occurred while the victims were cooking.
Our firm has seen many wrongful death cases
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Doctors Convicted Of Felonies Still Paid By Taxpayers

Doctors who have committed crimes are still being paid by taxpayers for doing work for the Food and Drug Administration according to a report in the Wall Street Journal. This work ranges from conducting research for the agency or overseeing the safety of patients in clinical trials. The report takes the FDA to task for slowness in debarring ,( disqualifying ), health professionals who have been convicted of crimes.
The FDA has the authority to debar doctors from overseeing the safety of patients in clinical
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Ford Recall:Cruise Controls Malfunction

Recently our firm posted a blog about a tragic accident in Georgia where an 11-year old girl lost her life due to an apparent malfunctioning cruise control switch on a Ford Econoline Van. Last week, we noted with great interest that shortly after this tragic event occurred, the Ford Motor Company recalled 4.5 million vehicles over “faulty cruise control switches.” According to the recall, the faulty cruise control switches being recalled could cause a fire in the vehicle which was the stated reason for the
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Defective Cruise Control Suspected In Wrongful Death

We read today about a tragic case in which an 11-year old girl was killed in an accident that may have resulted from a defective product. According to news accounts, a 1997 Ford Econoline Van lost control near the intersection of U.S. 441 and Interstate 16 while the van was being operated by the child’s grandfather. The grandfather reported to the Georgia State Patrol that the cruise control had gotten stuck and that he could not cut it off. As the driver took the exit
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Recreational Off-Road Vehicle Rules Proposed

Our Atlanta attorneys frequently review cases involving recreational off-road vehicles which involve death and serious injury. The Consumer Product Safety Commission staff has recommended that the agency set mandatory rules to regulate recreational off-road vehicles.
The CPSC’s five commissioners received the written recommendation this week, and must propose a rulemaking before any rules could be implemented. An agency spokesman said the commissioners could vote on whether to proceed with the rulemaking as early as Wednesday of this week.
The off-road vehicles, also known as ROVs,
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