Personal Injury

Family Purpose Liability: Alive and Well in Georgia

In our serious injury practice we are often times confronted with cases involving the Family Purpose Doctrine. It is not unusual for one of our clients to be injured by the acts of a teenage driver. More often than not, the teenage driver is operating the automobile with the express permission of the owner of the car which are usually the parents. Under Georgia law, when a family purpose car that is furnished by the owner to a member of the family for their convenience
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Insurance Coverage for Intentional Torts

Our lawyers are often times confronted with cases where the clients complain of intentional torts committed against them. For example, we have had clients that have come in swearing that the driver that hit them did so on purpose because of some longstanding feud or vendetta. Unfortunately, if someone acts intentionally to cause harm, their insurance policy will typically provide no coverage for them. Insurance coverage is purchased to protect against negligent acts and omissions which give rise to liability to third parties. If someone
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Suing Uncle Sam Under the Federal Tort Claims Act

The Federal Tort Claims Act (FTCA) waives sovereign immunity only for the acts or omissions of an “employee of the government while acting within the scope of his office or employment. . .” 28 U.S.C. § 1346(b). Because it is a limited waiver of sovereign immunity, the provisions of the Federal Tort Claims Act are strictly construed and must be followed if a valid claim against the government is to be asserted under its provisions.

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LAKE ACCIDENTS IN GEORGIA

On May 12, 2007, we wrote here about an increase in boating accidents in Georgia. We handled several such cases in 2006 and based on our experience were very aware of the peculiar dangers affiliated with recreational boating activity. Unfortunately, in yesterday’s paper, we read about 4 separate deaths which occurred in Georgia lakes over the Memorial Day weekend. Thus, even before the summer has officially begun, we have already seen tragic evidence of the dangers associated with boating.
We cannot tell from the news
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ALL TERRAIN VEHICLE (ATV) ACCIDENTS OFTEN RESULT IN SERIOUS INJURY OR DEATH

We recently filed a wrongful death lawsuit against the owners of an ATV who failed to supervise the use of their ATV. The owner’s minor daughter and our client, a seventeen year old girl, were riding the ATV at night. Our client, the passenger, was thrown from the ATV which resulted in her sustaining internal injuries which lead to her death.
With the growing popularity of ATV’s serious injury and death cases are on the increase, especially among children. Believe it or not, the ONLY
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Wrongful Death of a Child: Apportionment of Proceeds Between Divorced Parents

Anyone who has practiced law for any period of time in the area of Serious Injury Litigation unfortunately comes across cases where a child has been killed as a result of the negligent act of a third party and the cause of action resides in divorced or separated parents. These cases not only are tragic, they can be very sad and/or messy.
The law has long been in Georgia that where parents are divorced and their unmarried child dies as a result of a negligent
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More Traps for the Unwary: Problems Under the Federal Tort Claims Act

We have previously written about procedural problems that clients may face when dealing with claims against governmental entities. Specifically, if an individual has a claim against a city or county government, there are certain pre-suit, ante litem requirements that must be observed before suit can be filed. We have written about this in earlier articles and would refer the reader to the same. We have also written these procedural problems under Georgia’s State Tort Claims Act. Here, we write briefly to discuss some unique issues
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BOATING ACCIDENTS ON THE RISE

Just this past year, our firm handled several boating accident cases which illustrate the dangerous nature of this recreational activity. In one case, a female skier was pulled into a small cove by the operator of the ski boat with such speed and force that she was pulled onto the shore and thrown into some trees with resulting and very serious personal injuries. In another case, a child being pulled on a tube was pulled in front of another boat and the child was killed.
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MUNICIPAL TORT LIABILITY IN GEORGIA

For years, cities enjoyed sovereign immunity under the law and could not be sued if negligent. This has been relaxed under recent statutory provisions with respect to city motor vehicles. For most motor vehicles operated by and on behalf of city employees, municipalities are now required to carry liability insurance in the amount of $250,000 because of bodily injury or death to any one person and $450,000 for any one occurrence. While this amount is woefully inadequate for true serious injury cases or cases involving
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ANTE LITEM REQUIREMENTS UNDER THE STATE TORT CLAIMS ACT

The State Tort Claims Act waives the state of Georgia’s immunity from suit in the courts of this state. See O.C.G.A. § 50-21-23. This is a limited waiver of sovereign immunity and the most that any single claimant can recover against the State is $1 million. See O.C.G.A. § 50-21-29. By the terms of the State Tort Claims Act, the limited waiver of immunity only applies to the State and its agencies and departments. O.C.G.A. § 50-21-22(5). The State Tort Claims Act expressly includes claims
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Georgia Supreme Court Issues Ruling Favorable to Victims of Crime

This past week, the Georgia Supreme Court issued a ruling that was favorable to victims of crime who have civil tort claims arising out of the criminal acts perpetrated against them. The Supreme Court held that the statute of limitations is tolled for victims of crime for any claims arising out of the criminal acts perpetrated against them until such time as the criminal prosecution of the perpetrator is terminated. See Beneke v. Parker, ___ Ga. ___ No. S08G2078, (2009).

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Fatal Toyota Sudden Acceleration Cases Raise National Concerns

In early September, a veteran of the California Highway Patrol was provided a loaner vehicle from a Lexus dealer while his car was being serviced. After leaving the dealership, this 19-year law enforcement officer, whose job included safety inspections, was faced with a tragic situation. The vehicle he was driving suddenly and unexpectedly began to accelerate out of control. It appears from the investigation conducted to date that the officer was unable to stop the vehicle. Witnesses stated that the car was traveling in excess
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Falls In Nursing Homes, Hospitals and Skilled Nursing Facilities

The Georgia injury lawyers at Finch McCranie, LLP have represented many clients who have sustained serious injuries as a result of falling in hospitals, nursing homes and extended care facilities. Patients who are long term residents in skilled nursing facilities are by definition in a compromised state of health, usually from multiple chronic medical problems. These patients are often weak, are subject to lightheaded spells, become confused and have significant deficiencies of mobility and balance. Falling, sometimes frequent falling is thus a
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Nursing Home Falls

Everyday patients fall in Georgia nursing homes. Our Atlanta attorneys have successfully tried cases against nursing homes and other skilled care facilities in which patients have suffered severe injuries due to preventable falls.
Patients who are in long term nursing homes are by definition in a compromised state of health, usually from multiple chronic medical problems. These patients are often weak, are subject to lightheaded spells, become confused and have significant deficiencies of mobility and balance. Falling is a common occurrence for these patients. The
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High Court Upholds Vioxx Award in Wrongful Death Case

Every year Georgia citizens purchase and take millions of dollars worth of prescription medication, thinking that it is safe to do so. Georgia injury lawyers know that unfortunately, many of these medications are dangerous drugs, notwithstanding the fact that the Federal Drug Administration (FDA) has “approved” them. As we have seen, many of these dangerous drugs cause serious injuries and sometimes result in the wrongful death of the consumer. An example of such a drug is Vioxx. Fortunately, some victims and
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Report: FDA Approved Medical Device Under Political Pressure

Georgia injury lawyers know that the Food and Drug Administration (FDA) is hardly the consumer safety “watchdog” that it was in prior years. In fact, just because a product has been approved by the FDA does not mean that it is a safe product! The influence drug manufacturers have over regulators, politicians and Congress is enormous. The Washington Post recently reported in an article (The Washington Post) that the FDA approved a controversial knee-surgery device after receiving pressure from lawmakers and lobbyists. According to
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Medical Errors Abound

Amid the debate over so called medical malpractice reform, the rights of patients seem to be getting sacrificed for the profit of large insurance companies. A recent report from California demonstrates why the right of patients to redress in courts cannot be curtailed.
According to published reports the California Department of Public Health (CDPH) recently issued administrative penalties to 11 California hospitals, each of which has been “fined $25,000 for alleged regulation violations that caused injury or death to patients. The violations included failures
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Sexual Predators in the Workplace

Many employment lawyers are confronted with hostile environment claims where managers exploit their positions to seek sexual favors from employees working underneath them. Such an employment case obviously involves sexual harassment but is entirely different and generally far less devastating to a victim when a sexual predator is hired by an employer and is allowed to gain access to vulnerable victims through their jobs. As an example, if a mental health facility hires someone unsuitable for a position and that person takes sexual advantage of
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Board of Commissioners To Conduct Independent Investigation of Fatal High Speed Chase

From newspaper accounts it appears that the Board of Commissioners of Clayton County may conduct an independent investigation into a police chase which resulted in the wrongful death of two innocent women who were returning from bible study when a pickup truck fleeing from a Clayton County police officer slammed into their vehicle on Old National Highway in Atlanta. The deadly pursuit began when the police noticed a suspect allegedly soliciting a prostitute. Even though this is a misdemeanor and a minor offense, Clayton County
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Georgia Man’s Wrongful Death- Was Alcohol A Factor?

The Georgia injury lawyers at Finch McCranie, LLP have handled many wrongful death lawsuits where alcohol was a factor in causing or contributing to our client’s death. Some of these cases have involved our representation of a guest passenger who was killed as a result of the negligence of the host driver. Such could have been the case on Friday evening when an Augusta, Georgia man, Earl Clark, died in an accident on Mike Padgett Highway. Clark was the passenger of a
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