Articles Posted in Wrongful Death

Three Killed in Stone Mountain Freeway Van Accident

At least three people, all employees of Georgia Power, were killed in a deadly van accident on Stone Mountain Freeway on Tuesday afternoon. Six other people have sustained critical injuries.

According to the Atlanta Journal Constitution, a van with 9 people inside was struck by a Dodge Stratus, which clipped the van when it tried to make a lane change. The van flipped over from the impact, and was severely damaged. Emergency crews had to cut through the roof of the van to rescue the victims trapped inside. The critically injured were rushed to Grady Memorial Hospital and Atlanta Medical Center.

Gwinnett County Cop Arrested for DUI Also Involved in Wrongful Death Lawsuit

Last month, we reported on a Gwinnett County police officer arrested after being involved in a DUI accident. According to the Atlanta Journal Constitution, it now turns out that police officer James Stoudenmire had also been involved in another fatal accident, which has resulted in a wrongful death lawsuit against the County.

On December 15^th 2006, Stoudenmire, according to the lawsuit, was traveling on US 78 at a speed of between 78 to 80mph. The lawsuit alleges that he was driving with no sirens or flashing lights when he crashed his car into another vehicle, being driven by Willie Allen Sergeant Jr. Stoudenmire at the time was responding to a code three call. Officers responding to a code three call must obey speeds limits, and all traffic control devices. The crash killed Sergeant, and his family in December 2008 filed a wrongful death lawsuit against Gwinnett County.

Stone Mountain Woman Killed in Accident in Gwinnett County

A woman was killed in a head-on accident over the weekend near Lilburn in Gwinnett County. According to news reports, the woman was driving a Ford Escort, when she crossed a center line, and rammed into an oncoming Chevrolet. The woman, who has been identified as Maureen Kalkstein was rushed to the hospital, but was declared dead.

According to Gwinnett County police, Kalkstein was not wearing a seatbelt at the time of the accident. In 2009 alone, Gwinnett County has seen 37 people dying in accidents. Out of those, 6 involved motorcyclists and pedestrians. The remaining 31 people were killed in auto accidents, and out of these, 14 were not wearing seatbelts at the time of the crash.

Increase in Fall Accident Fatalities is Disturbing

Researchers at the John Hopkins School of Public Heath have found a sharp increase in the number of fatalities from accidental falls and poisonings, between 1995 and 2005.

These increases were part of a larger overall pattern, in which the number of people who died from unintended accidents increased by 11 percent over the study period. The study found increases in other unintended accident fatalities including drowning accidents, and deaths from burns and suffocation. However, it’s the increase in mortality rates from accidental poisonings and falls, that has drawn the highest attention.

Georgia Family Battles Over Wrongful Death Damages

The parents of a teenager who died in an accident involving a police car in 2007, is likely to appeal his wrongful death verdict in the Georgia Supreme Court, in a case that has received nationwide attention for its unusual nature.

In October 2007, 16-year-old Byron Trent Pyles died in a car crash involving a police car. His parents, Rebecca Lynne DeVent and Byron Keith Pyles filed a wrongful death lawsuit in Henry County against the Locust Grove police officer involved in the accident, and the police department.

One Killed as SUV Crashes into Douglasville Home

You don’t expect to be struck by a car when you’re safely ensconced in your own home. But that’s exactly happened to Douglasville-resident George Michael Bryant.

The 60-year-old man was in his house watching a movie on Saturday night with his wife, daughter and two grandchildren, when an SUV crashed into their house. Bryant suffered massive injuries and died. His wife, daughter and grandchildren are being treated at local hospitals.

Child Killed in Douglas County Accident

A 4-year-old boy has been killed and other members of his family, including his mother, have been seriously injured in an accident in Douglas County earlier last week.

According to Georgia State Patrol, a Pontiac Bonneville crossed the center line, and crashed into a Toyota Corolla on Monday. Two children, including 4-year-old Luke Ingalsbe were sitting in the backseat of the Toyota. Luke sustained fatal injuries. Luke’s mother, his infant brother Jacob, and a front seat passenger were seriously injured. The driver of the Pontiac sustained minor injuries. Investigations into the accident are going on.

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 road and crashed.Yvonne was killed in the accident and Janice was injured.

The AJC article focused on the outrage from Yvonne’s family when Yvonne’ eldest daughter (probably the executor of the estate) was served with a personal injury lawsuit filed by Aunt Janice.Apparently, the family had no idea that Aunt Janice was suing the estate for her injuries.Further, the family was shocked that Aunt Janice would sue when her sister had been doing her a favor (helping her drive cross-country) when she was killed.

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 two burglars despite pleas for patience from the 911 operator.

In 2006, the Georgia legislature with Senate Bill 396 enacted a “Stand Your Ground” law similar to the one in Texas. O.C.G.A. sections 16-3-2 and 51-11-1 provide that a person has the right to meet force with force, including deadly force, in defense of one’s self, one’s home or other property.These laws provide immunity from both prosecution and civil tort actions.Sixteen other states have enacted similar legislation, expanding the legal boundaries of self-defense that previously required a duty to retreat.