Georgia Injury Law Blog

Published on: June 7, 2011

Atlanta Hotel Window Safety in Question after Fatal Fall Accident

Window safety at an Atlanta hotel, which was the scene of a horrific fall accident that killed a young woman, is now under scrutiny.Questions are being asked about how the hotel’s windows failed to prevent an accident caused by “horseplay” which resulted in the wrongful death of one woman and serious injury to another woman. As an Atlanta injury lawyer, I would thoroughly investigate the manner of installation of the windows, the design of the windows and window frame as well as any prior complaints or problems with the windows.

The victim, Lashawna Threatt and her friend were in the room on the 10th floor of the W Hotel in Atlanta.They were part of a group that was celebrating Threatt’s 30th birthday.According to the friend, Threatt and her friend were play fighting in the room when they suddenly crashed through the window.The two landed on a sunroof adjoining the hotel, and while the friend suffered injuries in the accident, Threatt died as a result of her injuries.She was pronounced dead at the scene.

Questions are being asked about how the two women could simply fly through a hotel window while they were playing.At this point in time, police are not investigating the safety of the hotel’s windows.They are calling this an accident.A criminal investigation is also underway.There are also indications that the family of the victims is planning a lawsuit against the hotel.

Published on: June 6, 2011

Woman Critically Injured in Acworth, Georgia Pedestrian Accident

by Robert N. Katz, Esq.

A 19-year-old woman, who was injured when she was struck by a pickup truck as she walked on a crosswalk, continues to remain in a critical condition in the hospital.The man who was driving the pickup truck that struck her has been arrested. As an Atlanta personal injury lawyer, often the worst cases I see involve pedestrians. Motorists must remember that whenever they approach an intersection, they need to slow down to protect pedestrians.

The woman was walking on the crosswalk when she was hit by the truck driven by 19-year-old Dalton Mason.He was arrested by police a little while later at his home in Acworth.He has been charged with failure to yield to a pedestrian, failure to stop at a stop sign and other charges.Preliminary investigations seem to suggest that the pedestrian had the right-of-way here.

Preventing pedestrian accidents in Atlanta is going to be even more challenging in the summer with more pedestrians on the street.Besides, rising gas prices have already meant more pedestrians choosing to walk to work than drive.These pedestrians are likely to be at risk from motorists who fail to respect even a pedestrian’s most basic rights.

Published on: June 5, 2011

18 Car Accident Deaths on Georgia Streets over Holiday Weekend

by Robert N. Katz, Esq.

Georgia police are reporting an increase in auto accident deaths over the Memorial Day holiday weekend.This year, a total of 18 people were killed in car accidents and motorcycle accidents over the holiday weekend, an increase from five deaths in 2010. Of course, there were many more persons injured this past holiday weekend. As an Atlanta personal injury lawyer, I always note a significant increase in accidents over every holiday.

According to the Georgia Department of Public Safety, most of those deaths occurred on Atlanta streets.Out of the 18 deaths, 11 occurred in Atlanta.At least some of those accidents also involved motorcycle deaths and pedestrian accidents resulting in deaths.In Atlanta, a student at Georgia Tech was killed in a motorcycle accident when his motorcycle was struck by a drunk driver.Another motorcycle accident was recorded in Lilburn over the weekend.

Heavy traffic and motorists rushing to get to their destination during the holiday were responsible for many of the fatalities.In one accident, a 19-year-old motorist escaped injuries when his car flipped over.As he was standing outside the car checking out the damage, he was struck by a passing vehicle.He died at the scene.

Published on: June 4, 2011

Two Children Injured in Atlanta Car Accident

by Robert N. Katz, Esq.

Two children were left seriously injured in a pedestrian accident in southwest Atlanta last week.The accident occurred near Donnelly Avenue, and involved a stolen car. As an Atlanta injury attorney, I have too often seen stolen vehicles involved in auto accidents involving serious injuries. We need to continue to work hard to reduce the number of vehicle thefts which in turn will reduce the number of these accidents.

According to Atlanta Police, a group of four young men seem to have stolen a Dodge Intrepid.The two children, aged seven and nine were walking on a sidewalk with their mother.The nine-year-old child suffered from cerebral palsy, and was in a wheelchair.The child was thrown out of the wheelchair when the car struck, and was slammed on the pavement.The younger child suffered a broken arm.The mother also suffered injuries.

According to several witnesses, the car had been traveling erratically down the road just before the accident.The four young men got out of the car and fled the scene of the accident.The police are still looking for these men as investigations continue.

Published on: June 3, 2011

Even Healthy Senior Motorists May Be at Risk of Driving Errors That Cause Car Accidents which involve Injuries and Wrongful Death

by Robert N. Katz, Esq.

As Atlanta car accident lawyers, we know that older motorists face specific driving challenges that may increase their chances of being involved in a serious auto accident and suffering serious injuries.However, a new study shows that the older the driver, the higher the risk of making a critical driving error that could end in an accident. The study is something that older drivers and their families in Atlanta and throughout Georgia should consider as they make decisions together about when to stop driving.

The study conducted by researchers at Australian National University, studied 266 volunteers aged between 70 and 88.The volunteers were required to take a driving test, with a driving instructor and an occupational therapist in the vehicle.

17% of the drivers in the study made critical driving mistakes, like veering or failing to check in their blind spots.The risk of making critical driving errors increased with age.For instance, drivers between the age of 70 and 74 made an average of one driving error.Drivers between the age of 85 and 89 however made an average of four critical driving errors.Additionally, those drivers who had been involved in an accident over the past five years were also much more likely to make driving errors.

Published on: June 2, 2011

Bill to Prevent Tractor-Trailer Accidents Linked to Drug Use

by Robert N. Katz, Esq.

Atlanta truck accident lawyers have been aware for a while now that federal trucking safety laws governing drug and alcohol use by truck drivers have far too many loopholes that allow a truck driver with a drug use history, to slip through.The new bill would plug these loopholes, essentially weeding out drug users from the system. Truck accidents generally result in severe personal injuries and a wrongful death. When these accidents involve a truck driver who has been using drugs or alcohol, the outcome is not only tragic, but preventable.

The legislation, called the Safe Roads Act, has been introduced by US Senators Mark Pryor and John Boozman.The legislation would implement the recommendations made by the Government Accountability Office, advising the establishment of a driver test database.The database would contain information about positive drug test results from commercial truck and bus drivers from around the country.

The database can be used by trucking companies before they hire a prospective employee.Doctors, trucking companies and service agents would be required to furnish updated and accurate information about positive drug test results.With accurate, reliable and frequently updated information available, trucking companies would be able to make safe hiring decisions, thereby reducing the risk of trucking accidents involving one of their vehicles.

Published on: June 1, 2011

Record-Breaking Pregnancy Medical Malpractice Verdict Prompts Calls for Proper Prenatal Care

by Robert N. Katz, Esq.

Connecticut has just seen what’s being heralded as the largest medical malpractice verdict in state history, with the parents of 8-year-old Daniel D’Attilo being awarded $58 million on his behalf. As an Atlanta injury lawyer, I can tell you that although Georgia has seen substantial verdicts against doctors in these cases, I cannot recall a verdict of this size against a single physician. The damages stem from their obstetrician’s decision to delay their son’s delivery back in 2003. The young D’Attilo now suffers from cerebral palsy due to brain injuries sustained when the practitioner waited days after Cathy D’Attilo’s amniotic fluid dropped before performing a botched Caesarian section, claim attorneys for the family. Of the damages awarded, $8 million is designated to cover medical expenses, while the remainder was awarded to the family for pain and suffering.

In a statement to the Associated Press, the doctor’s attorney, James Rosenblum, indicated that the jury’s decision was made more out of sympathy than evidence and suggested that his client would appeal what he called a “shocking verdict.” Other physicians have voiced concerns that this verdict will deter doctors from taking on high-risk cases like this one in the future.

According to the National Center for Biotechnology Information, cerebral palsy is a lifelong disorder, often requiring long-term care. Although its causes are not always discernable, symptoms usually appear before a child turns 2 and, in rare cases, as early as 3 months. Cerebral palsy is caused by injuries or abnormalities of the brain and often manifests as impairment to nervous system functions such as movement, learning, hearing, seeing and thinking.

Published on: May 31, 2011

How You Can Prevent Motorcycle Accidents in Atlanta

by Robert N. Katz, Esq.

Much of motorcycle safety depends on the ability of motorists to respect motorcyclists’ right.This alone would prevent many of the motorcycle accidents we see which often involve serious personal injuries or a wrongful death. The most important thing that drivers could do to prevent accidents involving motorcyclists is to acknowledge that motorcycle riders in Georgia have the very same rights that motorists do.In other words, that a motorcyclist sharing the highway with your SUV is not an outsider with no rights, but a legitimate highway user with the same rights as you.

Many accidents that Atlanta motorcycle accident lawyers come across occur because drivers fail to look out for motorcyclists, especially when they are making lane changes or entering thoroughfares.Look especially closely for motorcyclists in your mirrors during these times. Here are some basic tips for motorists.

When you are sharing the road with a motorcycle, do not try to pass the motorcycle in the same lane.

Published on: May 31, 2011

Revolutionary New Treatment Helps Auto Accident Victims with Spinal Cord Injury Stand Again

by Robert N. Katz, Esq.

Atlanta car accident attorneys have been encouraged by a flurry of promising new aids to help spinal Injury victims walk again.However, this particular breakthrough is very different – a young man who had been left paralyzed after a serious car accident in 2006, and was confined to a wheelchair, has been able to stand up on his own andeventake a few steps.The researchers are hailing this as one of the biggest breakthroughs in spinal cord injury research.

Spinal injuries are frequently seen in devastating car and truck accidents.These are some of the most debilitating injuries, leaving an individual with markedly reduced movement, sensation and mobility.There is no complete cure for spinal cord injury, which is why it is so encouraging when we have little signs of progress like this.

The man, Rob Summers had been left with a serious spinal cord injury that left him incapable of moving his legs, and controlling his bladder and bowel movements.Summers was chosen to participate in research at a Kentucky spinal research center.He underwent the surgical procedure to implant a device containing 16 electrodes in his spine just below the damaged area.When the device is switched on, it excites the damaged nerves of the spine, delivering signals from the leg muscles, and helping a person move his toes, feet and legs.

Published on: May 30, 2011

Product Liability actions likely after Popular Diabetes Drug Avandia pulled from Shelves

by Robert N. Katz, Esq.

Soon the popular diabetes medication Avandia will no longer be available on the shelves of drugstores, says the U.S. Food and Drug Administration. As an Atlanta injury lawyer, I am glad to see the drug off the shelves. In my opinion, the risk of serious injury appears too great. Formerly known asRosiglitazone, GlaxoSmithKline began marketing the product under the trade name Avandia in 1999, following initial approval by the FDA. Annual sales reached a high of $3.2 billion in 2006, but declined after reports of adverse effects. In fact, the drug has been plagued with liability issues ever since 2007 when a study was released by Dr. Steven Nissen, chief of cardiovascular medicine at the Cleveland Clinic. The study showed the drug increased risk of heart attack by 40 percent in people who had Type II Diabetes, prompting the FDA to require that it be packaged with a Black Box Warning.

Between 60,000 to 200,000 people suffered heart attacks and/or death, during the 11 year span that Avandia monopolized the market, and millions were prescribed the drug.

Beginning November 18, 2011, the drug will only be available through doctors who have fully disclosed the risks to their patients and are certified to prescribe it.Under the new Avandia-Rosiglitazone Medicines Access Program, the FDA will limit the drug’s use to patients who have already been safely treated with it, those whose blood sugar can’t be controlled with other medications and those who, when informed of the risk, still prefer Avandia to other drugs. Rosiglitazone will only be available to enrolled patients by mail order from certified pharmacies participating in the programand Avandia and Actos, which was approved in 1999, will be offered as its alternative.