Personal Injury

Defective Airbags Can Result In Serious Injury Or Death

As Georgia injury lawyers who have handled many automobile and truck accident cases, we sometimes see defective products that lead to injury and death in collisions. One such defect involves airbags. Although airbag failures are not common, there are many reasons for there failure. Many fail because of design defects or defects in components.
Just last month, Nissan Motor Co Ltd announced plans to recall 204,361 vehicles from its 2007 and 2008 model years in the United States due to the possibility that a passenger
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Dangerous Crib Lawsuit

Illinois Attorney General Lisa Madigan has filed a lawsuit against a crib distributor for allegedly ignoring a nationwide recall of bassinets that can cause babies to suffocate. Madigan criticized federal regulators Wednesday for failing to take aggressive action against SFCA Inc., the owner of the Simplicity brand.
Madigan’s lawsuit seeks a recall that SFCA would publicize in newspapers statewide. It also seeks a refund for retailers. “Our investigation revealed that SFCA continued to distribute recalled products that posed serious risks to children,” Madigan said in
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High Speed Chase Ends In Two Deaths: Was It Worth It?

According to news reports, Atlanta Police Officer Sgt. Darrell Johnson was killed on Friday morning, October 24 when his vehicle was struck head-on by a fleeing suspect during a high speed police chase. Not only was the police officer killed, the fleeing suspect was killed as well.

The newspaper reports are sketchy, however, it appears that the high speed chase began when authorities received a 911 call from a member of the public who had spotted the suspect’s car while weaving. The officers apparently attempted to make a traffic stop of the suspect. When the suspect refused to stop for the suspected traffic violation, he took off, thus initiating a “high speed” chase. During the chase, the suspect lost control, crossed the center line and hit Sgt. Johnson’s vehicle head-on.

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Drug Manufacturer False Advertising

The Food and Drug Administration has taken issue with drug manufacturer Bayer over advertising claims for two aspirin medicines manufactured by the company. Bayer promotes the medicines as leading to healthy hearts and stronger bones.
The FDA sent two warning letters to Bayer for never submitting proof that its pills are effective in battling heart disease and osteoporosis as claimed by Bayer. The two drugs are Bayer Women’s Low Dose Aspirin + Calcium and Bayer Aspirin With Health Advantage.
Treatments for those diseases must be
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Accident Reconstruction Experts and Serious Car Accidents and Collisions

In our serious injury practice, we are often encountered by cases where there is a dispute concerning liability for a particular collision. The tractor-trailer driver contends that he was forced off the road by an unknown John Doe motorist. The at fault driver who ran over the pedestrian claims that he or she could not see the pedestrian due to lighting conditions. The driver who is speeding denies that, in fact, he was speeding, and on and on. In cases involving serious or catastrophic injuries
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Settling a Personal Injury Law Suit

Needless to say, our attorneys are often asked by our clients when they should settle their personal injury lawsuit and in what amount. These question, many times, presuppose that both liability and damages are clear enough to warrant a settlement in a particular case. Oftentimes, liability is hotly contested as are damages and a case is therefore made more difficult from the settlement standpoint. However, in a case where the liability of the person causing the injury is rather clear and the damages are well documented, a fair settlement should be achieved. It is with respect to this type of case that we attempt in this blog to answer the question posed.

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Car Crashes, Car Collisions and Automobile Insurance

Our attorneys routinely handle serious injuries arising out of car collision and crashes. We are always amazed to learn just how little the public knows about automobile insurance coverages and generally how they work. The purpose of this blog is simply to set forth some of the basic principles so that the public can be educated about how automobile insurance coverage works in the typical case.

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Crib Recall Announced

Today, Delta Enterprise Corp a children’s products maker will announce a recall of 1.59 million cribs linked to two infant deaths. This recall follows other recent recalls of cribs and bassinets involving other manufacturers.
The Consumer Product Safety Commission, CPSC, is expected to hold a news conference later this morning to announce the recall, which is being conducted on a voluntary basis by the company. Mandatory recalls are rare, though the CPSC sometimes has to pressure manufacturers to agree to repair or pull their products
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Work Related Injuries: Compensation From Third Parties

There is a common misconception that all work related injuries are solely covered by Workers’ Compensation statutory benefits. While it is true that any employee who is injured on the job while working for their employer is entitled to workers’ compensation benefits, this does not necessarily mean that the injured worker is limited to the recovery of such benefits. If a third party, such as an independent contractor unrelated to the employer, participates in a negligent or wrongful act that results in a injury to
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Negligence by Emergency Vehicles

Under Georgia law, the driver of an authorized emergency vehicle, including a law enforcement vehicle, when responding to an emergency call, has certain privileges that are not available to other drivers. As an example, the authorized emergency vehicle operator may proceed past a red or stop signal and exceed the maximum speed limits posted so long as he or she does not endanger life or property. The authorized emergency vehicle may also disregard regulations governing direction of movement or turning in specified directions. The exceptions
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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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