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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Georgia Wrongful Death Actions:Who Has The Right To Sue? (Part I)

One of area of confusion to the public is determining who has the right to bring a wrongful death action in Georgia. Because our firm handles many such cases in Atlanta and throughout the State, we have decided to blog on this area of the law so that the public will better understand the provisions of Georgia law which control wrongful death actions.
In this article we shall focus on the rights of a spouse who is married to an individual killed by the
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FDA To Reconsider BPA Decision

We receive many inquiries from Atlanta consumers regarding the safety of products apporved by the federal regulatory agencies. During the Bush administration many consumers here in Georgia and elsewhere have expressed concern and bewilderment that certain drugs and products banned in other countries were “approved” by federal agencies for distribution in the United States.
Now, the Food and Drug Administration, FDA, has announced it is reviewing a controversial decision it made last year — the conclusion that BPA, a chemical used in baby bottles
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Forklift Accidents: Usually Serious And Oftentimes Deadly

When I was in high school, I was hired as a forklift driver at a textile plant. I was given no training whatsoever, had never operated a forklift and within hours was lifting huge pallets of heavy materials high into the air for placement on warehouse shelving. Fortunately, I did not injury anyone or kill myself, but I easily could have. Indeed, that same summer a high school friend of mine lost his life when he accidently drove a forklift backwards off of a loading
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Bus Accident Recommendations By NTSB

Bus accidents have been a problem in Atlanta and Georgia for many years. Recently, the lawyers of Finch McCranie LLP were able to secure a very favorable settlement for the most seriously injured survivor in the Bluffton Bus crash which occurred here some years ago.
Now, in an encouraging move, the National Transportation Safety Board is recommending charter bus companies come up with better plans to deal with crashes in remote areas. Last Friday, the NTSB sent recommendations to the American Bus Association and
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Trampolines Recalled

Potentially dangerous trampolines which have been sold in the Georgia and Atlanta areas are the subject of a recall. The U.S. Consumer Product Safety Commission in cooperaation with Skywalker Holdings announced a voluntary recall of about 60,000 trampolines manufactured in China and distributed by Skywalker Holdings LLC, of Brigham City, Utah.

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Georgia ATV Safety Tips

As a Georgia injury lawyer, I read almost everyday about a death or serious personal injuries sustained as a result of an All Terrain Vehicle ATV accident. With the increasing popularity of ATVs it is inevitable that there will be more accidents and injuries; however, most are preventable. Without exception, most ATV accidents can be traced back to a rider who broke at least one of the ATV Safety Institute’s Golden Rules. Whether you’re riding in a public park or on private land, keep these

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Treadmill Accidents Can Cause Serious Injury or Death

The Atlanta lawyers of Finch McCranie LLP often see cases in which children are injured on exercise equipment such as treadmills and weight machines. The tragic death of boxer Mike Tyson’s 4-year-old daughter may seem like a freak occurrence, but the Consumer Product Safety Commission reports that treadmills injure more children than any other type of exercise equipment.
According to CPSC figures, almost 5,500 children under age 5 were treated in emergency rooms in 2006 and 2007 for treadmill-related injuries.
While most had cuts, bruises
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Landmark Cigarette Ruling Upheld

Last Friday the U.S. Court of Appeals in Washington essentially upheld a landmark ruling that found cigarette makers deceived the public for decades about the health hazards of smoking.
The Court of Appeals upheld the major elements of a 2006 ruling that found the nation’s top tobacco companies guilty of fraud and violating racketeering laws. The ruling said manufacturers must change the way they market cigarettes. It bans labels such as “low tar,” “light,” “ultra light” or “mild,” because such cigarettes have been found to
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Drug Companies Agree To Reimbursement of Taxpayers

The attorney general of Alabama has announced that 14 major drug companies will pay Alabama $89 million to settle a lawsuit accusing them of defrauding the state Medicaid agency. This lawsuit brought on behalf of the taxpayers of the state of Alabama is one of many throughout the United States brought by state’s Attorney Generals accusing drug manufactures of overcharging and defrauding states for the purchase of drugs used in state sponsored medicaid and health care programs. The lawsuits essentially allege a pattern of fraud
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Product Liability Claims And Other Claims Related To Dangerous Machinery

Georgia injury lawyers, handling a claim for a catastrophically injured employee or the family of a deceased employee, our investigation will often reveal that the employee received injuries while working on or around a piece of machinery that caused the death, some traumatic amputation or other trauma to the employee. In such a case, the attorney must consider potential product liability claims, such as defective design, manufacture, assembly, testing or failure to warn or misrepresentation. The Supreme Court of Georgia has outlined the
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