Georgia Injury Law Blog

Published on: October 13, 2009

GWINNETT COUNTY COP ARRESTED FOR DUI ALSO INVOLVED IN WRONGFUL DEATH ACCIDENT

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.

Published on: October 12, 2009

MARTA TO CRACK DOWN ON DISTRACTED DRIVING

by Robert N. Katz, Esq.

MARTA to Crack Down on Distracted Driving

A series of safety incidents in the past few months that have involved MARTA drivers distracted at the wheel, has had Atlanta personal injury lawyers as well as the agency concerned about the increased risk of accidents from such behaviors. MARTA now plans to stress the safety message to encourage drivers and operators to keep their eyes on the road and hands on the wheel while driving.

· Recent footage revealed a MARTA bus driver reading a magazine while stopped at a red light.

Published on: October 9, 2009

Toyota Rust Issues Invite Recall by NHTSA

by Robert N. Katz, Esq.

Published on: October 8, 2009

Georgia Tort Reform Challenged in State Supreme Court

by Robert N. Katz, Esq.

Georgia’s Medical Malpractice Law Challenged in Supreme Court

The Georgia Supreme Court is hearing arguments relating to a key provision of the state’s tort reform laws, which requires plaintiffs in a medical malpractice action to establish that an emergency room doctor was guilty of gross negligence.

The hearings revolve around the case of Carol Gliemmo, who suffered a sudden headache on April 22^nd 2007, and visited the San Francisco Hospital in Columbus. According to Gliemmo’s lawyers, the ER doctor, Mark Cousineau diagnosed her condition as resulting from stress, prescribed valium, and sent her home. This was even as the 56-year-old Gliemmo continued to scream in agony. Gliemmo suffered a stroke, and has since been left paralyzed and with significant neurological damage.

Published on: October 7, 2009

Truckers Oppose Ban on Computers in Cabs

by Robert N. Katz, Esq.

Computers in Cabs Increase Risk of Accidents, but Truckers Oppose Possible Ban

By now, everyone knows that texting while driving increases the risk of accidents, and must be avoided. The high-decibel debate on texting while driving however, seems to have left out one segment of highway users – drivers of commercial trucks.

Commercial trucks these days come with computers in the cab, which are used to streamline trucking operations. Companies use these devices to send companywide messages to truckers, relay new orders etc. There is no doubt that these computers have increased efficiency for these trucking companies, but they do expose the truckers to accident risks from distraction.

Published on: October 6, 2009

Slip and Fall Accidents Among Senior Citizens Focus of Awareness Campaign

by Robert N. Katz, Esq.

Awareness Campaign Focuses Attention on Slip and Fall Accidents and Senior Citizens

Last week, across the country and Georgia, senior citizens, healthcare agencies, and community organizations observed Falls Prevention Awareness Week, which is marked to raise awareness about the risks to seniors from fall accidents.

According to the Centers for Disease Control and Prevention, every year 1 in 3 senior citizens aged 65 and above, suffer from a fall accident. Of these, 20 to 30 percent will suffer injuries that are severe enough to impact their ability to lead active, independent lives. While slip and fall accidents can happen to just about anyone, these are more common in senior citizens who may have a variety of health issues that can increase the risk of a fall. Seniors may struggle with proper balance and gait, may have vision problems and a host of other issues that can impact their ability to prevent a fall. Also, seniors have a much higher risk of being seriously injured in a slip and fall accident than young adults or children.

Published on: October 5, 2009

Stone Mountain Woman Killed in Accident in Gwinnett County

by Robert N. Katz, Esq.

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.

Published on: September 30, 2009

Sugar Refinery Explosion Entirely Preventable

by Robert N. Katz, Esq.

Sugar Refinery Explosion Report Says Fire Entirely Preventable

At the time, it was one of the worst industrial disasters in the country, and the most devastating Georgia Workers’ Compensation lawyers had seen in decades. When combustible sugar dust at a refinery near Savannah ignited and exploded last year, it set off a blazing fire that razed much of the facility. Fourteen 14 workers at the Imperial Sugar Refinery were killed and 36 injured, many of them severely burnt. Now, the Chemical Safety Board has issued its report on the accident, and the agency’s findings are a damning indictment of the plant’s managers and owners.

According to the report, there were several factors that were to blame for the explosion, and all of them were entirely preventable. Poor maintenance, improper equipment design and substandard housekeeping were at the root of the explosion and fire. Worse, according to the report, managers were aware about the dangers of an explosion from combustible sugar dust, but failed to take measures to prevent the tragedy. In fact, the sugar industry had been aware of the dangers of sugar dust igniting and setting off an explosion and fire, as far back as 1925.

Published on: September 29, 2009

Former Trucking Lobbyist Nominated for FMCSA Chief

by Robert N. Katz, Esq.

Senate confirmation hearings for President Obama’s nominee for head of the Federal Motor Carrier Safety Administration, are going on.The choice of Anne Ferro to head the agency at a time when truck safety is topmost on all minds has become a prickly issue.

Much of the discontent over Ferro’s nomination is over her past as a trucking industry lobbyist in Maryland. Between 1997 and 2003, Ferro served as president and CEO of the Maryland Motor Truck Association, and for the past six years, has been registered as a lobbyist for state legislators.

She had nothing to do with federal lobbying, but even so, as Atlanta truck accident lawyers, we are definitely concerned about her opinions on trucking safety. In 2008, the Bush Administration passed a regulation allowing an increase in the number of consecutive hours that a trucker could drive to 11 hours. As Georgia truck accident lawyers, we had strongly opposed any such increase in the number of hours truckers could drive at a stretch. Driving long hours contributes to driver fatigue, which is one of the major causes of truck accidents in Georgia. However, Ferro, in a letter to the Baltimore Sun, supported the rule, saying that it would prevent accidents and save lives. Having a former trucking industry lobbyist, who one safety group calls an "apologist for the trucking industry,” as the head of the FMCSA could raise questions about conflict of interest.

Published on: September 26, 2009

School Boy Injured in Polk County Bus Accident Succumbs to Injuries

by Robert N. Katz, Esq.

A 12-year-old school boy, who sustained serious injuries in a Polk County school bus accident earlier this month, has died from his injuries. Seventh grader Wyatt Pilgrim was stuck by a school bus on September 9^th, as he was waiting for his bus. He was airlifted to an Atlanta hospital, and remained in a critical condition for days. On Sunday, Wyatt succumbed to his injuries.

Police investigations have revealed that the driver could not avoid the accident, and police officials have confirmed that he will not be charged in the accident. According to a Polk County school system representative, the Evergreen Lane in Cedartown where the accident occurred, has heavy traffic. There are schools in the area including the Cherokee Elementary School, and consequently, a lot of children use the area.

Very often, accidents involving pedestrians can be traced to road designs that are simply not pedestrian-friendly. These accidents occur very often when there is heavy pedestrian traffic, and not adequate safety systems to protect pedestrians.