Personal Injury

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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Raptiva Withdrawn From Market

Raptiva, a drug manufactured by Roche HoldingAG’s Genentech Inc. and marketed for the treatment of psoriasis has been linked to a rare but often fatal brain disorder. As a result of these findings, Genentech has issued a voluntary recall of the drug.
Genentech previously disclosed that three cases of the disorder, called progressive multifocal leukoencephalopathy, had turned up in patients taking Raptiva since October of last year. Two of these cases were fatal. A fourth patient died of unknown cause after developing neurologic symptoms. All
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Physical & Sexual Abuse At Georgia Day Care Centers

The Georgia injury lawyers at Finch McCranie, LLP have represented, and continue to represent, victims of day care child abuse. The statistics on physical child abuse are alarming. It is estimated that hundreds of thousands of children are physically abused each year by a parent or close relative; however, abusers include daycare workers, healthcare providers, mental healthcare workers and others who care for children on a daily basis.

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GM Recalls Dangerous Cars

Many Georgia residents may be driving General Motors cars which have a dangerous propensity to ignite in flames. General Motors and the National Highway Traffic Safety Administration announced yesterday that the possibility of engine fires has prompted General Motors to recall nearly 1.5 million passenger sedans manufactured between 1997 and 2003.

The recall covers certain mid- and full-size passenger sedans under GM’s Chevrolet, Buick, Oldsmobile and Pontiac brands.

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Motorcycle Accident Results In Death Of Georgia Man

Not a day goes by that the Georgia injury lawyers at Finch McCranie, LLP don’t read about tragic deaths from automobile accidents, tractor trailer accidents and motorcycle accidents. On Wednesday of this week a popular Georgia High School coach, 46 year old Anthony Glen Barge, was riding motorcycles with his brother-in-law near the Lake Wedowee, Alabama. They were reportedly on the way to visit relatives in the area. According to The Anniston Star, Barge was riding his 2001 Kawasaki motorcycle when he
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More Dangerous Cribs Recalled

Another dangerous product recall by Federal Regulators last Thursday may signal the end of drop-side cribs that most of us have known and used for decades. According to an article by the Chicago Tribune, the Feds recalled another two million drop-side cribs. The moveable sides that raise and lower, making it easier to access babies have repeatedly malfunctioned leading to numerous tragedies around the country. The problem with these cribs is that when the sides separate from the crib, babies’ bodies can slip into the resulting gap. Their heads can get trapped and they have been known to hang to death or suffocate. According to the U.S. Consumer Product Safety Commission, at least 32 children died when their drop-side cribs malfunctioned and another 14 babies’ deaths may be linked to these cribs.
According to the article, more than 250 consumers have reported that the side rails failed on these cribs which were manufactured between 2000 and 2009.

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Employer Liability For Company Cars Involved In Accidents

“When a vehicle is supplied by an employer for the mutual benefit of himself and his employee to facilitate the progress of the employee’s work, employment begins when the workman enters the vehicle and ends when he leaves it on the termination of his labor.” This statement is an exception to the general rule that coming to or going from work is usually not considered to be work within the scope of employment. However, if an employer furnishes a company owned vehicle to an employee for his use to come to work and be on call for the master’s business 24/7 either via a radio, dispatch system, cell phone or other type of communication device, then in that event, a jury question is present as to whether an employee coming to or going from work is acting within the scope of his employment.

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Lithium Battery Cells Endanger Children

Lithium battery cells are very small and sometimes look like a silver quarter. Unfortunately, these batteries are omnipresent and found in virtually every American household, whether it be in remote controls, watches, garage door openers or children’s books. Unfortunately, the tiny batteries that operate all of these devices can be extremely deadly to young children who may swallow them. While there are federal laws that require toys that use these batteries to have battery compartments that are locked with screws, unfortunately, the batteries can be
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Georgia Cracking Down On Repeat DUI Offenders

Georgia injury lawyers have seen the devastation created by motorists who drink and drive. Many of the most serious automobile accidents and trucking accidents are caused by drunk motorists. A large number of the offenders are repeat or habitual offenders. Several years ago, our firm represented the mother of a young man in a Federal Tort Claims Act wrongful death case. The young man, who was walking home from work on the shoulder of the road, was struck and killed by an FBI agent driving a bureau car who left the scene of the accident. Our investigation would later show that the agent had just left a bar after a night of drinking. The police officer who showed up at his home later that evening recognized the agent because she had previously charged him with DUI on the same road earlier that year. A Twelve Step Recovery book was found on the seat in his car.
A new Georgia law is ratcheting up the penalties for such repeat offenders by making the crime a felony. In order for the charge to be a felony, a certain number of offenses within a certain time period will qualify a driver for the enhanced charge. In the case of DUI, four arrests and three convictions in one year will earn you a felony.

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Georgia Automobile Accident Results In Death Of Teenager

A Springfield Georgia automobile accident resulted in the wrongful death of a 17 year old Springfield teenager, Whitney Newman, in the early morning hours last Sunday morning. According to the Savannah Morning News, the teen was a backseat passenger in a Chevrolet Tracker which lost control and flipped over several times, ejecting some of its five passengers. Although authorities did not initially know why the driver lost control of the vehicle, the Georgia State Patrol Specialized Collision Reconstruction Team was investigating. At least two other occupants of the vehicle sustained life-threatening injuries as a result of the accident and they were transported to Memorial University Hospital in Savannah.

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The Federal Tort Claims Act: Attorney’s Fees And Costs

One of the realities of the Federal Tort Claims Act is that the fees for counsel are limited. If the case is settled pre-suit, the fees are limited to twenty percent (20%). If the case goes to trial before the District Court by way of a bench trial, the fees are increased to twenty-five percent (25%) of the award. As is true of most personal injury claims, attorney’s fees are payable from the amount of the recovery, not in addition to it. The United States
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Georgia Patients Denied Recovery For Medical Malpractice

Georgia medical malpractice cases have become increasingly difficult to bring as the legislature enacts more and more restrictive laws. A fact which many do not know is that patients injured by highly negligent actions in Georgia emergency departments have no right of recovery. This is due legislation which established a gross negligence standard which governing the actions of emergency room personnel.
This standard has been interpreted by the Georgia courts as requiring almost intentional conduct.
The extreme unfairness of this law is illustrated by a
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The Summer Motorcycle Season Has Begun In Georgia

Anyone who spends time in the mountains of Georgia or North Carolina knows that the summer motorcycle season is here. It is time for many of us to hit the open road once again. Before you do, we suggest you review some important safety tips, that may help keep you safe this season. According to the National Highway Traffic Safety Administration (NHTSA), approximately 5,100 people died in motorcycle crashes in 2007. This alarming statistic is the highest level since the Department of Transportation began collecting data in 1975.
Many bikers take precautions to avoid accidents, but even when all safety precautions have been made, other driver’s make mistakes that cause serious injuries. A Georgia man lost his foot as a result of an inattentive driver who ran a traffic light; a North Carolina man lost his life when a tractor-trailer turned left into his right of way; and a Florida man suffered a traumatic brain injury when the defendant driver ran a red light. The fact is that there is no way to completely eliminate the risk, even for the most skilled bikers but staying alert and ride defensively can help.

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The Federal Tort Claims Act: Determining The Law Of Liability

When a claim is asserted against the United States government, the claim is based on the alleged liability of the United States in accordance with the law of the place where the negligent act or omission occurred. As an example, if a postal truck runs over someone in the State of Georgia, the laws of the State of Georgia will control whether the acts of the postal carrier driver were negligent. The liability of the United States as stated in other entries is the same
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