Personal Injury

Escalator Injuries Increase

Escalator injuries are increasing at an alarming rate. Our Georgia injury lawyers frequently review cases in which persons have been injured by malfunctioning or improperly designed escalators. The Atlanta Journal Constitution reported Sunday concerning this increase in injuries, especially among children.
Among the mechanisms of injuries reported to the state were the following:
A 17-year-old boy’s right hand was bleeding after it got stuck in an escalator at MARTA’s Lenox station in February. He had reached down to pick up a fare card that fell
(more…)

Dangerous Toys Remain In Market

Dangerous toys containing harmful chemicals have long been a problem in the United States. The United States Congress recently passed a law banning the use of a plastic softening chemical known as phthalates in certain consumer products, including toys. The chemical is used to soften plastic – making it popular for rubber ducks, teething toys, and anything else that young children love to chew on. Exposure to phthalates has been shown to harm the development of reproductive organs and have been linked to cancer
The
(more…)

Fatal Motorcycle Wreck Involving Georgia State Trooper Under Investigation

Our attorneys sometimes represent people who have been injured by employees of the State of Georgia in automobile accidents or truck accidents. Cases against the State of Georgia or its employees are governed by the Georgia Tort Claims Act. For instance we recently learned that a state accident reconstruction unit is investigating a wreck, involving a Georgia State Patrol trooper, that killed a motorcyclist in Lumpkin County last month. According to the motor vehicle accident report the state trooper executed a U-turn in
(more…)

Patient Abuse in Healthcare Facilities

Abuse of patients in medical or mental facilities is a major problem in the United States. Our attorneys frequently handle cases in which patients have suffered physical or sexual abuse at the hands of facility staff or other patients. These cases are extremely disturbing as the victims are usually some of the most vulnerable and helpless members of society.
A recent article in the Los Angeles times focused upon this issue. According to the article, Psychiatric Solutions Inc. was on its way to becoming the
(more…)

Motorcycle Passenger Death Results In Operator Being Charged

Our Georgia attorneys often represent the drivers of motor vehicles who have been injured in collsions but sometimes the passengers are injured as a result of the negligence of the host driver. Just this week, we read that a Georgia man was arrested and charged in a September motorcycle crash that left a Panama City Beach woman dead. According to authorities, Storm P. Wood and a female passenger, Robin Arnett, were ejected from the motorcycle when Wood lost control of it. Arnett died
(more…)

Physician Payments From Drug Manufacturers

Another prominent psychiatrist has been exposed for taking payments from drug manufacturers. According to the New York Times, Dr. Frederick K. Goodwin who served as the host of public radio’s popular “The Infinite Mind” program earned at least $1.3 million between 2000 and 2007 giving marketing lectures for drug makers.
Dr. Goodwin is the latest in a series of doctors and researchers whose ties to drug makers have been exposed by Senator Charles Grassley a Republican from Iowa. Senator Grassley has been asking some of
(more…)

Police Officer Injured In Motorcycle Accident Awarded $750,000 in Damages

A Cobb County, Georgia policeman who was struck by another officer’s motorcycle has been awarded $750, 000 by a Fulton County Superior Court jury for head injuries that only emerged several months after the motorcycle accident. The winning patrolman was among several motorcycle officers from various agencies who were riding in “tight formation” in August 2005,when a MARTA officer hit him from behind. Apparently the plaintiff almost immediately returned to work following the accident; however, he began to have seizures approximately six months after
(more…)

Window Blinds Recalled

Window blinds sold under the IKEA and Green Mountain Vista labels were the subject of a recall announced today by The Consumer Product Safety Commission. About 677,300 window blinds and shades sold in the United States were subject to the recall.
The recall was prompted by the death of a 1-year old girl from Greenwich, Conn., who choked to death when in April when she got caught in the inner cord of a set of IKEA Roman blinds which had been placed over her playpen.
(more…)

Defective Products, Burn Injuries and Fire Cases: A Deadly Combination

Our firm has handled several tragic wrongful death cases involving children who have died in fires caused by defective products such as a space heater or air purifier. Each year, approximately 500 children under age 14 are killed in house fires. Such fires are estimated to have injured many thousands more. What we have seen here in our practice is mirrored by the national experience. Indeed, the most common causes of burn injuries among children emanate from hair curlers, space heaters, ovens, ranges, gasoline, fireworks
(more…)

Yamaha Rhino Utility Terrain Vehicle Rollovers – Unsafe at any Speed?

It was learned last week that Federal safety officials are investigating the Yamaha Rhino, which has been linked to 30 deaths. The Consumer Product Safety Commission (CPSC) decision to investigate the Yamaha Rhino was based on accident and death reports involving the vehicle as well as the high number of product liability suits that have been filed by people who claim they were injured using this product. Unlike another class of off-roaders all terrain vehicles (ATV’s), are subject to safety standards. Unfortunately the
(more…)

Closing Arguments: Give Your Remarks A Structure

As discussed above, one should not rely upon the inspiration of the moment to deliver a closing argument. A winning summation is usually the result of meticulous, painstaking preparation done well in advance of the actual delivery of the remarks. In order to insure that such preparation is not wasted, obviously, it is necessary that counsel utilize a structure in preparing his/her outline of the legal and factual issues counsel wishes to discuss with the jury.

The following elements should be present in your remarks: 1) an interesting introduction to the summation; 2) a discussion of what happened; 3) a discussion of the law and the burden of proof and why; 4) a discussion of damages; and 5) an appropriate peroration or conclusion.

(more…)

Closing Arguments:Discuss the Case, Do not Give a Speech

In order to communicate with sincerity, there must be a body language and eye contact that flows naturally when discussing a case with the jury. The word discussion is important because one should never read to a jury or give them a speech. It is difficult to develop a personal rapport with the jury if one is speaking at someone as opposed to talking with them. While there should be an element of formality to the summation consistent with the seriousness of the cause of
(more…)

Closing Arguments: Be Yourself

Another fundamental of a sound closing argument is being as natural as you can be. You should never try to imitate someone else’s style or manner. You can only be yourself. The jury is always watching you very closely. Are you sincere? Are you believable? Are you trustworthy? Everything you do must communicate to the jury that you believe to the core of your being in the justness of your client’s cause. If you subliminally communicate such a belief in everything that you do in
(more…)

Closing Arguments : STAY ON MESSAGE

It is a very effective form of communication to stay on message and repeat consistently a unified theme. In the opening statement, a theme of the case or theory of the case should have been developed.
The trial lawyer should harken back to his opening statement during summation and use some of the same language in discussing the issues. This so-called “echo effect” is very important in driving home a point. The Republicans are masters at staying on message and repeating their message constantly and
(more…)

CLOSING ARGUMENT: Practical Pointers For A Successful Result

What follows are excerpts from an article one of our lawyers wrote about Closing Arguments. We have previously posted Trial Techniques articles about effective cross-examination. As this article is broken ito separate parts, we will post the various subsections and suggestions in separate posts over the next several weeks. We hope this will be helpful to you if you are a practicing atorney and ,if a potential client, will give you insight into what a Trial lawyer should do to effectively represent your interests:
The
(more…)

Demonstrating The Intangible Value Of Life

In a wrongful death case, a jury will be instructed that they should return a verdict for the “full value of the life of the decedent.” This means not only any economic damages caused by a premature and wrongful death, but also “non-economic damages.” How is this calculated and how should jury be instructed to reach such an award? Interestingly enough, the jury will be instructed that they should rely upon their “enlightened conscious” in making such determinations.
If a 28-year old is killed
(more…)

Economic Damages In A Wrongful Death Case

As stated in earlier blogs, in Georgia, the measure of damages for a wrongful death is “the full value of the life of the decedent.” One component of the full value of the life of the decedent is the loss of earnings and loss of income. If a 28-year old dies while earning $40,000.00 per year and he/she will work until age 70 (which is another 42 years) one simple way to calculate the loss of wages would be 42 years times $40,000.00 per
(more…)

Wrongful Death Damages

When someone is killed due to the negligence of a third party, a wrongful death action can be filed in order to recover the “full value of the life of the decedent” as determined by the “enlightened conscience” of fair and impartial jurors. The measure of damages is defined exactly this way under Georgia law. That being, what amount of compensation would provide adequate reimbursement for “the full value” of the life of the decedent. This seems almost impossible to calculate because one can
(more…)

Negligent Security Cases: Responsibility For Criminal Acts

Negligent security cases typically arise in the context of a victim of a criminal assault either at an apartment complex or motel. If the apartment complex provides security but negligently does so, and a tenant is attacked at a time an attack is foreseeable, an apartment complex can be held liable even if the damages were perpetrated by a criminal third party. Similarly, in a motel setting, if the motel is aware that their tenants are at heightened risk of attacks from criminals and fail
(more…)

Ford Recalls F-150 Pickups Over Airbag Problems

It was announced today that Ford Motor Company has recalled 2005 and 2006 year model F-150 pickup trucks because of problems with unexpected and unintended airbag deployments. According to the National Highway Traffic and Safety Administration, the recall involves approximately 150,000 F-150 pickup trucks. It appears that front airbags have been deploying unannounced. Obviously, this could lead to an accident if the airbag deploys while the vehicle is being driven or otherwise causes a distraction that might cause a driver to lose control. Ford officials
(more…)

Secret Link