Finch McCranie, LLP

Salmonella Outbreak in Georgia

Our lawyers receive numerous calls concernig foodborne illnesses, particularly those contracted in restuarants. Now, Georgia is among the 42 states that have been struck with a salmonella outbreak, with five people taken ill and one requiring hospitalization, according to officials from the state Division of Public Health.
The ages of the Georgians that have become ill range from 7 to 73, and the cases occurred in five different counties. The cases appeared from late October to early December of last year.
A salmonella outbreak has
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Defective Medical Devices Protected By Regulators

Dangerous and defective medical devices pose a real and present danger to patients everyday in the Atlanta area and across the Unites States. In many cases the results are debilitating injuries or death. Recently, the United States Supreme Court, at the urging of the Bush administration, provided cover to the companies that manufacture such devices.
The St. Petersburg Times newspaper has printed an editorial in which it exposes the hypocrisy of the current administration in granting federal approval to such devices thereby preempting consumer action.
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Aviation Accident Lawsuit Over Another Preventable Airplane Crash

Last week we told the story of a recurring tragedy–a preventable aviation accident that took the lives of all on board–in a wrongful death lawsuit we filed last week.
The story of this airplane crash is yet another disturbing example of how lives are lost when basic safety–and common sense–are disregarded.
The pilot ignored clear warnings of dangerous weather, and proceeded into conditions that he and his aircraft were not capable of handling. Experienced pilots have a term–“get-there-itis”–for foolishly disregarding dangers and plowing ahead.
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Defective Fans Subject of Fine By USCPSC

Portable fans have been overheating and causing fires. Now, a company which manufactures these dangerous products will pay a $500,000 fine for not quickly reporting these problems.
Lasko Products received 42 related complaints involving nine injuries and property damage from 2002 through 2005 as a result of malfunctions in portable fans it manufactures.
Federal law requires that companies such as Lasko report potential hazards to the U.S. Consumer Product Safety Commission within 24 hours. The company did not fully report the problems until September of
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Georgia and National Car Wreck Fatalities Involving Alcohol Impaired Young Drivers

It seems that almost everyday there is a news story in the Atlanta and Georgia media involving the tragic death of a young person in a traffic accident. Many times alcohol is involved.

Fatal car wrecks involving alcohol impaired young drivers are a major concern, especially around the Christmas and New Years holidays. The National Highway Traffic Safety Administration (NHTSA), recently released a study involving alcohol related deaths from crashes involving 21-24 year old drivers. The findings are disturbing.

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Credit Card Rules Protect Consumers

Consumers have received long overdue protections from abusive practices by credit card issuers . In enacting the most sweeping changes to credit cards in decades, federal regulators on Thursday approved new rules to crack down on unfair and deceptive practices by card issuers.
The rules were issued by the Office of Thrift Supervision and approved later Thursday by the Federal Reserve and the National Credit Union Administration.
The rules, which take effect in July 2010, will let credit card companies raise interest rates only on
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Construction Accident Lawyer’s Approach to Atlanta Botanical Garden’s Bridge Collapse

The tragedy of preventable construction accidents was repeated last week at the Atlanta Botanical Garden, a beautiful area near my home enjoyed by young and old alike. News reports have described the horror of one dead, and eighteen injured, many of them critically.
In our experience from having handled contruction accidents–including a much larger structure’s construction collapse during the building of Philips Arena that killed ironworkers erecting a section of precast concrete–the injured workers and their families are in a state of shock and confusion.
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Nursing Home Quality Ratings

Abuse of elderly and disabled persons is one of the most disturbing matters our Atlanta based attorneys see. A report issued last Thursday by the Centers for Medicare and Services has revealed that almost 22 percent of the nation’s nearly 16,000 nursing homes received the federal government’s lowest rating in a new five-star system, while 12 percent received the highest ranking possible.
The new star ranking system has not been well received by the nursing home industry. It has been criticized for being too simplistic
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Desplome del Puente en los Jardines Botánicos de Atlanta (Botanical Garden Bridge)

Un desplome de construcción que implica un puente fue informado esta mañana en los Jardines Botánicos de Atlanta. Desafortunadamente, parece que había una muerte y muchas heridas graves. Nuestros abogados han investigado y han archivado pleitos en numerosos casos de desplome de construcción. El más notable fue el desplome durante la construcción de la Arena de Phillips (Phillips Arena) en Atlanta.
Mientras los informes no indican la causa del desplome, habrá indudablemente una investigación por “OSHA” (the Occupational and Safety Health Administration) la Administración Profesional
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Botanical Garden Bridge Collapse–Another Dangerous Contruction Accident

A construction collapse involving a bridge was reported this morning at the Atlanta Botanical Gardens. Unfortunately, there appears to be one death and many serious injuries. Our lawyers have investigated and filed lawsuits in numerous construction collapse cases. The most notable was the collapse during the building of Phillips Arena in Atlanta.
While the reports do not indicate the cause of the collapse, there will undoubtedly be an investigation by OSHA, the Occupational Safety and Health Administration.
Many times attorneys mistakingly believe that any recovery
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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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