Personal Injury

Defective Cardiac Defibrillator May Result in Death

The Georgia injury lawyers at Finch McCranie, LLP have represented many victims of defective products which have caused serious injury and sometimes death. Recently, there was a recall on a device meant to save lives, a defibrillator. Each year 250,000 to 450,000 Americans suffer a sudden heart stoppage or cardiac arrest due to a rhythm disturbance or silent coronary artery disease, according to the National Heart Lung and Blood Institute. About 95 percent of those people die. A defibrillator delivers a shock which
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Trial Techniques – The Art of Cross-Examination Part VI

Rule No. 2 of 12: The successful cross-examiner always has a purpose for each question that is asked or not asked.
When preparing a cross-examination of any particular witness, counsel has to consider what they want to say about the witness in closing argument. Sometimes, if a witness does not hurt your client’s case, the best cross-examination is to ask no questions at all. The general rule is “no harm no foul,” therefore, if a witness is called against your client and ends up testifying
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Deadly Reverse Car Accidents

The news media in Georgia frequently reports on tragic accidents in which young children are killed by cars traveling in reverse. Many times these accidents occur when a parent is backing out of a driveway or garage.
According to data from a recent study by the National Highway Traffic Safety Administration shifting into reverse may be more dangerous than previously thought. According to the first study conducted on the issue, 221 people were killed by vehicles backing up in 2007. That is more than 4
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Trial Techniques – The Art of Cross-Examination – Part V

In our prior four (4) entries, concerning the art of cross-examination, we have discussed the objectives of cross-examination and have suggested that there are four (4) alternative purposes for successful cross-examination that should be considered by trial counsel. In this article, we are going to address techniques involved in successful cross-examination. Any experienced trial counsel will recognize these rules as being fundamental to a truly successful cross-examination of any material witness.
Rule No. 1 of 12: The successful cross-examination is well prepared in advance of
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Car Accidents In Small Vehicle Increase Dangers

Our Georgia automobile accident attorneys often review crashes involving very small cars, sometimes referred to as “micro cars.” We have frequently noticed that there seems to be a correlation between the severity of injuries suffered in car accidents and the size of the vehicles involved. Now, a study by the Insurance for Highway Safety has confirmed our observations.
In crash tests released this week, the Institute found that drivers of 2009 versions of the Smart “fortwo,” Honda Fit and Toyota Yaris face significant leg and
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Trial Techniques – The Art of Cross-Examination Part IV

In this our fourth entry, we discuss again the objectives of cross-examination. We have talked about obtaining evidence which is favorable to one’s case, impeaching or corroborating the testimony of another witness in the case and discrediting the testimony of the witness through proof of prior convictions, inconsistent statements or prior writings. In this entry, we address another alternative to cross-examination and that is “to appear to be cross-examining a witness without really doing so” because counsel really does not have anything that can be
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Trial Techniques – The Art of Cross-Examination – Part III

The third alternative objective of cross-examination is to discredit the testimony of the witness being called by your opponent. This can be done in several ways. The most traditional way is to impeach the witness by proof of conviction of a crime. Another manner is to prove a prior inconsistent statement, most often taken from prior sworn deposition testimony. However, proof of a prior inconsistent statement may also be offered through an inconsistent statement given to an investigator or other third party witness. Additionally, prior
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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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Man Sues Over Dangerous Over-The-Counter Drug – Zicam Cold Remedy Nasal Spray

Dangerous products seem to be everywhere these days. This is particularly true when it comes to pharmaceuticals and over-the-counter drugs. This week the New York Daily News reported that a Manhattan man has filed suit against the manufacturer of Zicam Cold Remedy Nasal Spray that he used from 2006 to 2009. The man claims that as a result of using the product, he has lost both his dense of taste and smell. The lawsuit claims that the manufacturer knew or should have known that
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Toyota Brake Recall

Toyota on Tuesday announced another global recall for defective automobiles. This time, more than 400,000 Prius and other hybrid cars are being recalled due to braking problems. The recall comes on the heels of the massive recall of Toyota vehicles for sudden acceleration problems.
Toyota has been criticized for attempting to grow sales while sacrificing quality and for being slow to recall vehicles with dangerous and deadly defects.
The recall will address what Toyota describes as a software glitch in the brakes of the
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Did Toyota Delay Recall ?

Toyota is being taken to task for delaying the recall of vehicles subject to sudden acceleration. Amid reports that Toyota is going to recall its highly successful hybrid, the Prius, for brake problems, there are serious questions being raised as whether the automaker and the National Highway Traffic Safety Administration responded quickly enough to reports of sudden acceleration in some of its other models.
Insurer State Farm has revealed that it notified NHTSA in late 2007 that it was seeing an increase in sudden acceleration
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Medical Malpractice Caps Tossed in Illinois

Medical malpractice victims in Georgia are not only injured and killed by negligent health care, but are also victimized by the state via caps on so called non-economic damages. In Georgia, the cap limits these damages to $350,00.00.
Many people have pointed out that this is inherently unfair, especially since the most grievously injured victims are penalized to a greater extent. In effect, the legislature, with help of the governor, decreed that if you, or a loved one is retired or too young to have
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Unprecedented Dangerous Product Recall

The Georgia injury lawyers at Finch McCranie, LLP have seen our share of dangerous products recalled for one reason or another; however, last week’s recall of numerous Toyota models of automobiles and trucks probably sets a new record. In late 2009, Toyota issued a recall of 4.2 million vehicles because it was thought that they could interfere with the gas pedal and cause sudden acceleration. Now Toyota has issued a recall affecting 2.3 million vehicles and has suspended the sale of eight models,
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Dangers of “Distraction Driving”

In a blog of a few days ago we wrote about the dangers of “distraction driving.” Statistics have been released from the National Highway Traffic and Safety Administration indicating that many people across the United States are being injured on a daily basis as a result of the use of cell phones and texting devices. Obviously, when using these devices, the driver is “distracted” and the more distracted the driver the less safe the driver. Regrettably, the State of Georgia has yet to enact a
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Lawyer Prosecuted for Illegal Solicitation of Clients

In 1996, the U.S. Congress passed the Aviation Disaster Family Assistance Act. A key component of this law was to prevent attorneys from contacting members of a victim’s family for at least forty-five (45) days after an airline crash. After a crash involving serious injuries or deaths, families need to be left alone to tend to family matters. They do not need to be besieged by attorneys seeking to profit upon their misfortunes. In recognition of the fact that oftentimes members of the Bar fail
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“Distraction Driving” Equals Dangerous Driving

The statistical evidence regarding automobile accidents continues to demonstrate that drivers who are distracted while driving are dangerous drivers likely to be involved in accidents. Texting while driving, using cell phones while driving and other distractive driving problems continue to cause more and more accidents on our highways and more and more injuries to innocent third parties endangered by such conduct.
According to the National Highway Traffic Safety Administration in 2008, there were a total of 34,017 fatal crashes in which 37,261 individuals died.
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Toyota’s Sudden Acceleration Problems Mount

Last fall Toyota announced the largest auto recall in U.S. history after numerous sudden unintended acceleration accidents were reported, many of which resulted in fatalities. Now, Toyota has announced an additional recall of 2.3 million vehicles to correct this same problem. Why the additional recall? It appears that Toyota is doing so because ABC News is soon to report an increase in sudden acceleration cases since the recall last year. According to news reports, there have been 60 new cases of sudden unintended acceleration cases
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Graco Recalls Potentially Dangerous Strollers

Georgia injury lawyers know that defective and dangerous products of all types are sold in this country. The use of some of the dangerous products have resulted in serious injuries and in some cases death. Several years ago, the Georgia injury lawyers at Finch McCranie, LLP represented the family of a young boy in a products liability case. The boy died in a house fire caused by a defective humidifier. The types of dangerous products run the gamut.
A new
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