December 26, 2007 The family of Milena Del Valle, a passenger killed in the Big Dig Tunnel in Boston, Massachusetts, settled for 6 million dollars yesterday from one of the defendants in a wrongful death suit filed against 17 defendants. While riding as a passenger with her husband in the…
Last week, a divided Georgia Supreme Court in Nathans v. Diamond, S07A0738 tightened the rules relating to expert testimony in medical malpractice cases. In 2003, Dr. Andrew Diamond of Northside Ear, Nose and Throat (Northside ENT) performed surgery on plaintiff Nathans to correct his sleep apnea.During the surgery, Nathan suffered…
December 3, 2007 Last week the Atlanta Journal Constitution’s front-page article examined the complex legal issues that arise when two family members are involved in a single car collision.Sisters Yvonne Woods and Janice Carroll were traveling cross-country in Janice’s SUV.While driving her sister’s vehicle, Yvonne fell asleep.The SUV left the…
November 26, 2007 Last week, the Wall Street Journal’s (subscription required) front-page story explained insurance subrogation through its personal effect on Wal-mart employee, Deborah Shank.Fifty-two year old Shank worked as a night clerk at Wal-mart for years in order to care for her three sons during the day.Seven years ago…
November 20, 2007 ABC News recently reported on an incident in Pasadena, Texas last week and captured on a 911 tape where zealous gun owner, Joe Horn, noticed his neighbor’s home was being burglarized.Relying on the Texas “Stand Your Ground” law, the neighbor ran next door, shot and killed the…
November 11, 2007 Last week the Center for Disease Control (CDC) celebrated Drowsy Driver Prevention Week.Interestingly, in a poll conducted as part of their education campaign, 47 percent of commercial truck drivers admitted to having fallen asleep while driving a truck during some point in their career. In a study…
October 29, 2007 Recently, the Georgia Court of Appeals reversed a grant of summary judgment to the defendant in an interesting case involving the use of a cell phone by an employee enroute to work.In Hunter vs. Modern Continental Construction Company, the employee shift supervisor was enroute to work when…
October 16, 2007 When a drunk driver causes an accident and someone is injured, the drunk driver may be liable for more than just the plaintiff’s injuries and property damage. Georgia juries are allowed to “fine” the defendant by awarding punitive damages. Punitive damages not only punish the defendant for…
In Atlanta and other major cities, an innovative group known as "Critical Mass" has organized to promote riding bicycles among city streets used primarily by motor vehicles. Critical Mass riders seek to promote enthusiasm for bike riding in what has become a “car culture.” Critical Mass hosts monthly Friday rides.…
In Georgia there is a doctrine known as Res Ipsa Loquitur, which translated means “the thing speaks for itself.” Some things are so manifestly the result of someone’s negligence that a jury can infer negligence on the part of the defendant. In other words, the evidence proves the point. For…