Georgia Injury Law Blog

Published on: October 15, 2011

Teen Motorist Pleads Guilty in Fatal Villa Rica Drunk Driving Accident

While intoxicated driving as a factor in auto accidents has declined, Atlanta car accident lawyers find that it still continues to be a major cause of teen-related accidents.A teen motorist, who was driving the car involved in an accident that killed a teenage passenger, has pleaded guilty to charges of drunken driving and vehicular homicide.

The teen driver was 17 years old at the time of the accident.He was driving with two teenagers in his car, when his car flipped over.A sixteen-year-old teenage passenger was killed in the accident and another teenager was seriously injured.Last week, the driver pleaded guilty to charges of drunk driving and vehicle manslaughter, and was sentenced to 15 years in prison.

The three teenagers had been at a party in Douglasville, where a lot of teenagers were drinking alcohol.Several people have already been charged with supplying alcohol to minors in this case.According to authorities, many of these people supplied alcohol to teenagers at two different parties that the victim attended on the night of the accident.

Published on: October 14, 2011

Woman Killed in Henry County Car Accident

by Robert N. Katz, Esq.

A woman was killed and her five-year-old son suffered a personal injury in a car accident in Henry County last week.The accident occurred on Georgia Highway 20 near McDonough.According to police, a Chrysler station wagon crossed the centerline, and crashed into a Chevrolet Silverado being driven by the victim.The woman sustained massive injuries, and was rushed to the hospital, but succumbed to injuries later.Her five-year-old child was in the backseat, and also suffered injuries in the auto accident. Given how the accident unfolded, a wrongful death and personal injury claim appear likely.

The driver of the station wagon suffered injuries, and was taken to the Atlanta Medical Center.Police are still trying to determine whether to press charges against her. Georgia’s laws allow survivors of victims of a car accident to file a claim for wrongful deathdamages.Under Georgia’s laws, only certain individuals can file a wrongful death claim for monetary damages.For instance, in the case of an adult victim, his spouse and children have the right to pursue a wrongful death claim, but the spouse controls the any lawsuit.However, when the deceased is a child, the parents have the right to file a claim.When a person dies in a car accident and does not leave behind parents, spouse or children, then his estate has the right to file a wrongful death claim against the motorist responsible for the accident.

In addition to a wrongful death claim, the heirs may also pursue a separate “estate claim.” A wrongful death claim allows a person to recover for the full value of someone’s life, while an estate claim permits the estate to recover for economic losses such as medical expenses and funeral bills as well as for pain and suffering.In some cases, an “estate claim” may also include a claim for punitive damages.Punitive damages are awarded in rare circumstances where the defendant has been found to have acted intentionally, willfully or with a conscious disregard for the consequences of their conduct. Most punitive damage claims fall in this last category.

Published on: October 13, 2011

Georgia Worker Killed In Electrocution Accident – Workers’ Compensation Claim Likely

by Robert N. Katz, Esq.

An apprentice journeyman was killed in an electrocution accident in Americus, Georgia last month.According to news reports, the worker had been standing on a ladder when he came in contact with a live wire.He then fell 12 feet down the ladder.The man had been working for Inglett and Stubbs Electrical Construction Company.The construction accident will likely result in a workers’ compensation claim by his family.

The month of August also saw another fatal electrocution accident in Georgia.A Georgia Power Co. lineman was electrocuted when he came into contact with a power line near Brookfield.The worker and his colleagues were trying to restore power after a line was cut.At some point, the worker came in contact with a live line, and was electrocuted. These accidents are an ever present reminder of the need to increase the level of benefits provided to the family of workers killed by on-the-job accidents.

Almost every worker is exposed to some degree of electrical energy while working.However, some types of workers may be at a higher risk of electrical accidents and electrocutions, because of the nature of their work.For instance, electricians or lineman working for power companies are clearly exposed to greater electrical injury hazards that the average construction worker.

Published on: October 12, 2011

FDA Likely to Declare Surgical Mesh Devices as High-Risk Because of Injury Hazards – Product Liability Claims Likely

by Robert N. Katz, Esq.

Under pressure from consumer safety advocates and product liability attorneys, the Food and Drug Administration is likely to soon limit access to surgical mesh devices because of the high risk of personal injury and complications resulting from the use of these. The Food and Drug Administration has confirmed that it will soon review the safety of the devices, which are used to treat pelvic organ prolapse in women.In this condition, the uterus and other organs shift from their position, and protrude through the body.The condition is frequently seen in women after childbirth.A surgical mesh device is used to keep the protruding organs in place.These devices are implanted transvaginally.

However, the Food and Drug Administration has been aware of complaints involving complications in women who had been implanted with surgical mesh products, for a while now.According to the Food and Drug Administration, between January 2008 and December 2010, it received more than 1,500 complaints of complications associated with the use of surgical mesh products.In July, the agency issued a safety warning about the products.Most of the complaints alleged chronic pain after the insertion of the surgical mesh.Women have also reported complaints about painful sexual intercourse.

What has seemed really outrageous to Atlanta product liability attorneys is that many women, who have had these surgical mesh products implanted and now face chronic and consistent pain, could have been treated even without the use of these devices.Doctors now believe that an unknown number of women may have had surgical mesh produces implanted to treat pelvic organ prolapse, when there are noninvasive techniques that can help treat the condition. In fact, the Food and Drug Administration believes that the use of surgical mesh product exposes patients to more severe injury risks, compared to traditional non-mesh repairs.The increased risk from the use of the surgical mesh does not translate into higher benefits for these patients.The Food and Drug Administration says that it has not seen any evidence to indicate that the use of the surgical mesh treats the condition any better than non-mesh procedures.

Published on: October 11, 2011

Increase in Motorcycle Accidents in Metro Atlanta

by Robert N. Katz, Esq.

Atlanta motorcycle accident lawyers have been concerned about a spike in motorcycle accidents on metro Atlanta highways recently.Just last week, a motorcyclist was fatally injured in an accident involving his motorcycle and a tractor-trailer.The truck accident occurred in Gwinnett County, and has been blamed on an airborne tire tread from the tractor-trailer.

According to police, the thirty-five-year-old motorcyclist was riding his vehicle in the left lane of northbound I-85 when his motorcycle struck the tire tread.The impact caused the motorcyclist to lose control.He was lying in the center lane of the highway, and in the path of an oncoming 18- wheeler.The truck driver did not see him, and ran over him.He was rushed to the Gwinnett Medical Center, but died.

This is the most recent in a series of motorcycle accidents that have left Atlanta personal injury lawyers very concerned.In recent months, according to police officers, there have been at least half a dozen motorcyclists killed in accidents in metro Atlanta highways.In August, a motorcyclist was killed in an accident involving two vehicles.He had been riding a Kawasaki Vulcan motorcycle, when his motorcycle was struck by two vehicles on I-75 near Cobb County.He sustained fatal injuries.Police believe that the accident was caused by a Porsche driver who fled the scene of the accident.Both the driver and his passenger were located by police about two weeks later.

Published on: October 10, 2011

Investigations into Fatal Georgia Tractor-Trailer Accident Continue

by Robert N. Katz, Esq.

Law enforcement officials are still continuing their investigation into a fatal truck accident near Interstate 85 that left a woman dead.The truck accident occurred over the weekend and involved a blue Kenworth tractor.The tractor struck the woman outside a restaurant.She suffered fatal injuries and died.Of course, the results of the investigation could result in a wrongful death lawsuit if the truck driver is located and found to be responsible for the accident.

A bulletin by the Hart County Sheriff’s Office has a description of the driver of the 18-wheeler, who left the scene of the accident.There’s nothing to indicate that the driver of the tractor-trailer was aware of the accident, or that it resulted in a fatality.Local Hart County officials are asking any witnesses who saw the tractor to contact them immediately.Police are asking people to look out for a damaged trailer.

Being involved in a commercial truck or tractor trailer accident is one of the most terrifying experiences imaginable.It’s not just the size of these vehicles that makes them so intimidating.It’s also the bulk that these vehicles pack into their large frames that places smaller vehicles at serious risk when they are involved in accidents.Not surprisingly to Atlanta truck accident lawyers, in any accident involving 18- wheelers and smaller vehicles, it is the occupants of the smaller car who are most at risk for injuries or deaths.Even when motorists survive these accidents, they may suffer from a debilitating personal injury that require extensive hospitalization, surgery and long-term care.

Published on: October 9, 2011

Atlanta Lawyer Sentenced in Drunk Driving Accident

by Robert N. Katz, Esq.

A former Atlanta lawyer, who was involved in a deadly drunk driving accident that killed one person, has been sentenced to 25 years in prison. Car accidents of this nature often end tragically with a severe personal injury or wrongful death. Of course, this particular accident was clearly preventable and should never have occurred.

The accident occurred on October 1, 2006 when the man ran a red light and crashed into a taxicab. The crash killed a thirty-one-year-old woman and left two men severely injured.The victim left behind a three-year-old daughter and a seven-year-old son.

The lawyer pleaded guilty to vehicular homicide and serious injury by vehicle while driving under the influence.It later emerged that he had four prior DUI offenses on his record.In fact, on the day of the accident, he was on probation from a previous DUI, and had been ordered not to drive.

Published on: October 7, 2011

Seatbelt Failures Can Amplify Car Accident Injury Risks in Georgia

by Robert N. Katz, Esq.

Seatbelt failures happen more often than most drivers think, and when these do occur, motorists may be at a serious risk of personal injury.Honda has now announced the recall of more than 311,000 vehicles because of potential seatbelt failure problems. Airbag and seatbelt failures are regular complaints received by accident attorneys nationwide.

The recall involves certain Pilot SUVs from model years 2009 to 2011.According to Honda, these vehicles may have a problem in the way that their seat belts have been sewn together.The stitching at the end of the lap belt on both the driver and front seat passenger seatbelt may not be complete, and the seatbelt may be at risk of coming loose from the anchor webbing during an accident.A person who is poorly restrained in a defective seatbelt like this is at a serious risk of traumatic injuries in an auto accident.

Honda has informed the National Highway Traffic Safety Administration that it has received two complaints about the defective seatbelts.One of these incidents involving a defective seatbelt occurred in 2010, while the other occurred this year.Honda owners whose vehicles are included in the recall are required to visit their dealers as quickly as possible, for an inspection.If necessary, the seatbelt will be replaced free of charge.Approximately 310,773 vehicles are included in the recall.

Published on: October 5, 2011

Killer’s Family Can Sue Georgia Psychiatrist for Medical Malpractice for Discontinuing Medication

by Robert N. Katz, Esq.

In a groundbreaking ruling, the Georgia Supreme Court has ruled that the family of a man, who stabbed his mother to death, can proceed with a lawsuit against the psychiatrist who discontinued the man’s medications.It has long been the law in Georgia that third parties who suffer a personal injury or wrongful death due to a psychiatrist failing to properly treat a patient can recover damages. However, this case adds a new twist in that the family of the patient and the victim are the same. The decision is important because it now allows families most directly impacted by the conduct of a patient to retain a medical malpractice attorney and sue the psychiatrist.

The case involves Victor Bruscato, who was undergoing psychotic treatment by Derrick Johnson O’Brien.The doctor had placed Victor on antipsychotic medication, but decided to discontinue two of the most powerful medications when he became concerned that Bruscato was showing signs of another dangerous syndrome.

In August 2002, Bruscato attacked his mother with a battery charger, causing her severe head injuries and stabbing her seventy-two times.He was charged with murder, but was judged incompetent to stand trial.His father sued the psychiatrist for medical malpractice, alleging that the doctor’s negligence in discontinuing the medication had causes his son’s psychosis to get out of control.The psychiatrist refuted the allegations, saying that Bruscato’s family was not eligible to file a civil lawsuit in a crime that was committed by their own son.

Published on: September 30, 2011

Father Negligent in 12-year-old Driver’s Fatal Car Accident

by Robert N. Katz, Esq.

Most personal injury attorneys know that sometimes, an accident is all about a chain of events. That’s exactly what a jury found this year when they determined that the father of a 12-year-old driver who died as the result of a car accident he caused was negligent in teaching his son to drive illegally on public roads. The Daily News reports it appeared to be a case of oversimplified causation. In other words, but for Loren Fry teaching Jake Fry to drive illegally, the circumstances that led up to his wrongful death might not have occurred. The situation itself, however, is a slightly more complicated one.

Jake Fry died on February 27, 2007, and his father was actually nowhere near the car when the accident occurred. In fact, his son was driving a 1993 Ford Taurus belonging to his father’s girlfriend, Kelley Hill. She was in the passenger seat at the time of the crash, and her 12-year-old daughter was also along for the ride.

No one, except for those in the car at the time, knows exactly what happened. But this jury didn’t think it mattered, since they concluded Loren Fry was actually more at fault than Hill. More than likely, the jury rationalized that by teaching his son to drive illegally, Loren Fry created a foreseeable risk that his girlfriend might do the same. Perhaps she had been in the car during one of their driving lessons. Maybe allowing Jake to drive without his father in the car was something she had done before. It’s even possible that Loren Fry had given her permission to do so.