Georgia Injury Law Blog

Published on: July 1, 2009

Search Efforts Continue after Atlanta Parking Deck Collapse

Two days after a fourth level parking deck in Atlanta collapsed, damaging several cars, and resulting in, miraculously enough no injuries, rescue personnel were still not willing to take chances. Rescue efforts continued through Tuesday as Fire and Rescue personnel used cranes, dogs and thermal cameras to comb through the debris to search for any injured persons who could be trapped inside.

So far, there have been no reports of missing people, and the extent of the damage seems to have been restricted to the at least 38 vehicles that were damaged in the collapse. The deck in Midtown district collapsed at around noon on Monday.What caused the sudden collapse is still largely unclear.However, the company that acted as a general contractor and oversaw the construction of the deck was the same one that has been involved in another high profile, but far more serious accident last year.

As we have discussed in this blog earlier this year, the company Hardin Construction Company is the same company that was involved in the construction of the pedestrian walkway at the Atlanta Botanical Gardens in December last year. Yes, the very same walkway that collapsed while concrete was being poured, leading to at least eight people with injuries and one contractor dead.Earlier this month, in fact, Hardin was fined for its role in that collapse. The Occupational Safety and Health Administration cited the company for failure to see that the towers were properly braced, fining it $6,300.

Published on: June 26, 2009

Trucking Group Presents Annual Highway Safety Agenda

by Robert N. Katz, Esq.

A recent highway safety agenda unveiled by the American Trucking Associations has 18 points that are sure to make Georgia truck accident attorneys every happy indeed.

The trucking group outlined the points on the agenda at a news conference at Capitol Hill.The program includes a set of comprehensive measures, including steps aimed at enhancing the performance of drivers, safer trucks and safer vehicles to prevent truck accidents.

The agenda includes:

Published on: June 25, 2009

Fatal Motorcycle Accident in Forsyth County Traced to Motorist’s Illegal U-Turn

by Robert N. Katz, Esq.

A motorcycle rider who was critically injured in an accident in Forsyth County over the weekend has succumbed to his injuries at an Atlanta Hospital.

The victim 49-year-old Terry Hitt was riding a motorcycle which collided with a Suzuki SUV when the motorist tried to make an illegal U turn. The motorcycle collided with the driver’s side door of the car. Hitt sustained critical injuries and was airlifted to Grady Memorial Hospital in Atlanta.He died on Sunday afternoon. Hitt is survived by his two children, mother and brother.

The motorist Marian Anwar was initially charged with making an improper left turn, and now faces second degree vehicular homicide charges in connection with the motorcycle accident.

Published on: June 23, 2009

Nestle Cookie Dough Recalled After Reports of E. coli Poisoning

by Robert N. Katz, Esq.

Nestle SA has announced a recall of its Toll House cookie dough because of fears of E. coli contamination linked to dozens of cases of food poisoning nationwide. About 47 varieties of the cookie dough have been included in the recall.

The Food and Drug Administration has warned consumers not to eat Toll House refrigerated and prepackaged cookie dough because of the risk of E coli contamination. The agency has asked consumers who may have any of the pre packaged cookie dough to throw these away. Consumers have been advised that they could face the risk of food poisoning even if they cook the dough, because the bacteria might be transmitted to their hands and cooking surfaces. According to the FDA notice, the contamination was exposed in a study conducted by the Centers for Disease Control and Prevention as well as state and local health departments.

So far, there have been 66 reports of illnesses from 29 states since March this year. 25 persons have been hospitalized and seven of these had suffered a complication called Hemolytic Uremic Syndrome [HUS] which can end in kidney damage and even death.

Published on: June 20, 2009

Fourth of July Crackdown to Prevent Drunk Driving Accidents in Georgia Begins Tonight

by Robert N. Katz, Esq.

Every year, the Georgia State Patrol increases patrolling and enforcement efforts around the Fourth of July to minimize the number of car accidents around the holiday. This year’s crackdown on drunk driving begins tonight.

The campaign Operation Zero Tolerance kicks off at 9 pm tonight, and will last through the fifth of July. It will include the participation of more than 500 police agencies in Georgia, all taking part in the Governor’s Office of Highway Safety “100 Days of Summer HEAT” initiative. Enforcement officers will be conducting additional patrols across Georgia highways, and will be cracking down especially hard on intoxicated motorists. The 100 Days of Summer HEAT initiative will run through the Labor Day weekend. The initiative includes crackdowns targeting drunk drivers, speeders, as well as motorists violating seatbelt and child safety seat laws.

Every year, we celebrate the declaration of our independence with great fanfare. We burst fireworks, and host barbecues. Unfortunately, the Fourth of July is also the single deadliest day of the year, with the maximum number of accidents occurring on this day. Between 1986 and 2002, an average of 161 people died in automobile accidents on Fourth of July.

Published on: June 19, 2009

Father of Child Injured by Crocs at Atlanta Airport Sues Company

by Robert N. Katz, Esq.

The father of a boy who was injured when his Crocs shoes got caught in an escalator at an Atlanta Airport has filed a lawsuit against the company. The father Clark Meyer, is claiming $2 million in damages for injuries suffered by his son, identified only as “AM”.

According to the lawsuit, Meyer’s son was “severely and permanently injured” in the accident on July 15^th last year. On that day, the boy’s foot was snagged on an escalator at Hartsfield Jackson International Airport. The boy who was four years old at that time suffered at least three broken toes and cuts. In the lawsuit, Meyer alleges that the company was aware of the dangers to children wearing the popular Crocs shoes in 2005, but that didn’t stop the company from marketing the shoes targeting young children.

It is the second such lawsuit filed in Atlanta in 2005 involving children and escalator injuries linked to the popular shoes. Crocs meanwhile has denied that the shoes cause any injuries. The company blames faulty escalator design and the parents for the injuries suffered by children who wear their shoes.

Published on: June 18, 2009

Barrow County Man Dies in Jefferson Truck Accident

by Robert N. Katz, Esq.

A motorist from Winder in Barrow County has died in a multi vehicle truck accident that involved at least three commercial trucks. Four other people were injured in the accident that took place on the 5^th of June.

As Robert McIlwain began to slow down for traffic on I-85, his Honda CRV was struck by a tractor trailer. According to state patrol, the driver of the tractor trailer, Thomas Terry failed to notice that traffic was slowing down, and struck the guard rail before crashing into the CRV. The Honda CRV was pushed into the path of a second tractor trailer, and then overturned. McIlwain died from his injuries.

Terry then struck a 2004 Dodge Dakota before it overturned into a median. The Dakota was pushed into a third tractor trailer that had stopped for traffic. In all, four people were injured in the accident, including Terry.

Published on: June 17, 2009

Could Atlanta’s Angry Drivers Increase the Risk of Auto Accidents?

by Robert N. Katz, Esq.

Last month, we reported that Georgia’s drivers ranked poorly in a survey of motorists based on their knowledge of safe driving practices. As it turns out, motorists in the state’s capital may not only be lacking in their knowledge of safe driving, but may also be aggressive to boot.

According to the Atlanta Journal Constitution, a new survey has placed Atlanta among the five worst cities in the country as far as road rage and aggressive driving are concerned. Drivers in New York are reportedly the worst, with Dallas Fort Worth, Detroit and Minneapolis-St. Paul following. What that means is that motorists in these cities and Atlanta are more likely to tailgate or make rude gestures, weave in and out of traffic lanes and indulge in other forms of aggressive behavior.

Road rage incidents are more common in metropolitan cities that have busy roads. Congested roads mean traffic delays, and consequently, frayed tempers.

Published on: June 15, 2009

Mattel Settles CPSC Lead Paint Violation Allegations with $2.3 Million Fine

by Robert N. Katz, Esq.

Toymaker Mattel has agreed to pay $2.3 million to settle allegations that it imported and distributed toys that contained lead levels in paints that were in excess of federal standards.

The Consumer Product Safety Commission announced the penalties, the highest ever for importation and distribution regulation violations by the agency, on its website. Mattel and its subsidiary Fisher Price, have been charged with importing toy that contained lead levels that were higher than the .06 percent by weight, mandated by federal laws. Mattel was charged with importing 900,000 toys that were non compliant with the standard, while Fisher Price, according to CPSC allegations imported more than 1.1 million toys that did not comply with those safety standards. With the fines, Mattel has put those allegations to rest.

The lead toy recall crisis of 2007 has had several positive effects – Congress moved to equip the generally-regarded-as toothless CPSC with more powers to prevent such crises. This led to the implementation of the Consumer Product Safety Improvement Act, which sets standards for lead in children’s products including toys, among other standards.

Published on: June 13, 2009

Gwinnett County Drunk Driver Kills Woman in Hit and Run Accident

by Robert N. Katz, Esq.

A drunk driving accident in Gwinnett has shocked a Lawrenceville Community, and sparked outrage among residents who are now calling for efforts to control the dangers from speeding and drunk motorists.

On Sunday night, 25-year-old Sabrina Stanek was at home with her two children when she noticed a speeding driver zooming up and down the street. Stanek walked up the curb in front of her house to stop the driver. As she stood near the curb, the drunk driver Constantine Toncz lost control of his truck, and struck the woman. Stanek was crushed between Toncz’s truck and another truck parked off the street. She died from injuries caused by the accident. Stanek was a single mother who had two children, aged 4 and 6.

Toncz, a construction worker from Romania was arrested later, and charged with vehicular homicide. After hitting Sabrina, Toncz didn’t stick around to survey the damage. He simply got out of his car, and walked to a relative’s house on the same street.