Finch McCranie, LLP

Motorcycle Accidents and Serious Injuries: An Unfortunate Combination

We have posted entries before about traumatic amputations and just how profound such injuries can be on the victims of the same. Unfortunately, we have seen these injuries too often in the context of motorcycle accidents. Because there is so little protection to the human body, if an accident is bad enough, the unfortunate victim riding on the motorcycle can lose a leg, an arm, a foot or a hand. In addition to traumatic amputations, traumatic brain injuries are also a distinct possibility in
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Peanut Corp. Of America Salmonella Strain Has Also Been Linked To Texas Plant

Georgia injury lawyers have seen products liability cases involving food poisoning for years; however, none like the one involving Peanut Corp. Of America (PCA). It appears that the problems of PCA extend well beyond their Georgia processing facility. Federal officials said Tuesday that tests have confirmed that peanut butter made from peanuts processed at a Texas plant contains the same strain of salmonella blamed for the poisoning hundreds in a national outbreak. Both the Texas plant and the Georgia plant were operated by PCA,
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Motorcycle Accidents Usually Result In Serious Injuries

The motorcycle accident lawyers at Finch McCranie, LLP have represented many motorcycle riders over the years who have been seriously injured in collisions involving automobiles. Some result in brain injuries and others involve amputation of limbs. Just in the last couple of weeks ago we settled a case where our client sustained very serious injuries to his leg and foot when his motorcycle was struck in an intersection by a medical doctor who ran a red light in her SUV. As a result of
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Georgia Residents May Be Affected By FDA Drug Ban

The U.S. Food and Drug Administration has prohibited Ranbaxy Laboratories Ltd., India’s largest drug manufacturer, from introducing new generic drugs from one of its factories after it falsified data about products’ shelf life.
Yesterday, the FDA announced that a facility owned by Ranbaxy Laboratories falsified data and test results in approved and pending drug applications. The facility, Paonta Sahib, has been under an FDA Import Alert since September 2008.
The FDA announced that it was continuing to investigate this matter to ensure the safety and
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Georgia Motorcycle Accident Claims Life

As Georgia injury lawyers we see many wrongful death cases from motorcycle accidents. Most motorcycle accidents seem to involve young drivers; however, that is not always the case. In the last two weeks, a Georgia man was killed in a single-vehicle motorcycle accident when the driver, age 57, lost control of his 2009 Revtech EX Wide motorcycle in a curve and laid the bike down on its left side. According to the Georgia State Patrol’s investigation, the motorcycle left a 113 foot-long gouge
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Medical Device Maker Under Investigation

Stryker, a leading maker of medical devices is reportedly the subject of a Justice Department investigation into Stryker’s marketing of human bone growth products. The investigation has already resulted in guilty pleas by former company sales representatives. Two former sales representatives pleaded guilty to charges that they had promoted off-label use of the products even though they knew that such use had earlier caused problems in some patients.
The investigation is reported to involve several issues. These include whether Stryker abused a federal exemption that
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Legal Maneuvering In The Georgia Peanut Salmonella Case

It was announced last week that The Peanut Corporation of America has decided to file for bankruptcy. Under bankruptcy law, one may not sue a company that has filed for bankruptcy protection. Accordingly, with respect to the wrongful death actions and serious injury claims that are likely to be brought as a result of the widely reported salmonella contamination at the Company’s Blakely, Georgia plant, the corporation has cleverly maneuvered into bankruptcy court to prevent the filing of these lawsuits. This will buy the corporation
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Georgia Victims Denied Legal Remedies

Many Georgia consumers have been impacted by a recent Supreme Court ruling granting immunity from lawsuits to medical device makers for products approved by the Food and Drug Administration (FDA). Our Atlanta Georgia lawyers have previously written about this decision.

Since that ruling judges in Georgia and across the United States have used it as a basis to dismiss cases against a wide range of manufacturers, including Medtronic. The most recent dismissal was this past Tuesday, by the Wisconsin Supreme Court.

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Dangerous and Defective Products

The Georgia injury lawyers at Finch McCranie, LLP have handled many products liability cases involving many different defective and dangerous products, including a defective and dangerous deer stand. When these products fail, catastrophic injury or death often results. This week I read about a recent case in which a jury returned a $157M (million) dollar verdict in a wrongful death case against three companies, L & L Enterprises in Hattiesburg, Miss., Ol’ Man Tree Stands in Jay, Florida, and TSR Inc. in Pace,
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Children and ATVs – A Dangerous Combination

Every year the Georgia injury attorneys at Finch McCranie, LLP get calls about people being seriously injured on All Terrain Vehicles (ATVs), especially children. Just last year we had a wrongful death case involving a minor and an ATV. In that case, we represented the family of a young girl who was thrown off of the back of an ATV while riding as a passenger, at night and with no helmet! As spring approaches, a quick warning about the dangers of ATVs is in
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Bus Accidents Continue to Kill and Injure

Bus accidents were the subject of action taken by The National Transportation Safety Board this week. The NTSB is the federal agency charged with investigating major transportation accidents. On Tuesday, it strongly criticized regulators at the Department of Transportation for lax oversight of the commercial bus industry.
The NTSB voted to cite the National Highway Traffic Safety Administration for failing to implement recommendations that could lead to new safety equipment on buses, including seatbelts and stronger roofs and windows. They have been urging NHTSA to
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Trial Techniques – The Art of Cross-Examination – Part XII

Rule No. 8 of 12: The successful cross-examiner listens carefully to what the witness says in response to his questions on cross-examination.
As set forth above, counsel should know what a witness will say in response to each question posed. No question should be asked that the answer is not known in advance. Nonetheless, sometimes, an answer more favorable than anticipated may be given by the witness or impeaching or contradicting of yet another witness. By listening closely to what the witness says on cross-examination,
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Caps on Damages For Nursing Home Abuse – What Are They Thinking?

In addition to representing victims of trucking accidents and automobile accidents, the Georgia injury lawyers at Finch McCranie, LLP also represent victims of nursing home abuse and nursing home neglect. including patients who have sustained decubitus ulcers (bed sores), falls and brutality in nursing homes. Consequently we have seen, first-hand, how victims of nursing home abuse or neglect suffer when those facilities don’t adequately take care of the people for which they are paid to care. It has been our experience that the owners
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Trial Techniques – The Art of Cross-Examination – Part XI

Rule No. 7 of 12: The successful cross-examiner listens to the witness’s direct testimony.
When a witness is called by the other side to testify against one’s client, one must be very careful to listen to that witness. Even if counsel has had the benefit of taking the deposition of the witness and has a beautiful outline to be used for anticipated cross of the witness, counsel must nonetheless listen very closely to the actual testimony given before the jury. It may be that the
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Trial Techniques – The Art of Cross-Examination – Part X

Rule No. 6 of 12: The successful cross-examiner stays calm and collected whatever happens.
During the testimony of a witness, particularly where the witness is providing very damaging testimony, counsel cannot flinch or otherwise demonstrate through body language that his client’s case has been hurt. Counsel must always stay calm and collected because body language many times can betray counsel’s representation of their client.
When a witness is being evasive or refuses to answer questions or asks counsel questions from the witness stand, counsel must
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ATV ACCIDENT RESULTS IN DEATH & SERIOUS INJURY

The Georgia injury lawyers have written before that 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. Yesterday, we read about a 12-year-old Alto, Georgia girl who was killed last Friday night about 8:30 p.m. in an accident involving an all-terrain vehicle in Banks County. According to the Georgia State Patrol the girl was driving the vehicle when it overturned on private property. A 15-year-old passenger, who was not identified, was

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Trial Techniques – The Art of Cross-Examination – Part IX

Rule No. 5 of 12: The successful cross-examiner never asks an open-ended question such as “why” unless it does not care what the answer is.
In discussing rule 4 above, we gave a good example of why you do not ask open-ended questions. If you ask a witness “why?” they will tell you. In other words, they will give a speech, which usually will hurt your client. If you are cross-examining a witness, by definition, that means that the witness has been called by the
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Dangerous Magnetic Toy Manufacturer Fined

We have previously written about dangerous toys containing magnets which can be swallowed by small children. Last week, toy manufacturer Mega Brands America Inc. consented to pay a $1.1 million civil penalty for failing to promptly report promptly dangerous magnetic building sets which it manufactured. The sets have been blamed in the death of a child.
As we reported, tiny magnets can fall out of toys and be swallowed or inhaled by children. If more than one magnet is swallowed, they can attach to each
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Trial Techniques – The Art of Cross-Examination – Part VIII

Rule No. 4 of 12: The successful cross-examiner never asks a question unless he knows what the answer will be or doesn’t care what it is.
Unless counsel is fully prepared, has fully investigated the case and has conducted necessary discovery, this rule is difficult to follow. On the other hand, if counsel knows everything about the case then there is no reason why this rule cannot be followed and, in fact, it should be followed in all cases. Otherwise, disaster can strike.
There is
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Trial Techniques – The Art of Cross-Examination – Part VII

Rule No. 3 of 12: The successful cross-examiner avoids the appearance of pettiness, nit-picking or unfairness to the witness.
Even though we practice in an adversarial system, there is no necessity to be adversarial with the cross-examination of each and every witness. Righteous indignation needs to be saved for appropriate occasions where the witness is clearly lying or needs to be exposed for some form of aggravated misconduct. Counsel must reserve outrage and indignation for the proper case.
If trial counsel is unfair to any
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