Atlanta Injury Lawyers Blog

A motorcyclist died over the Holiday weekend after crashing with a car on Old National Highway. According to Fulton County police, 37-year-old Carlos Dickson lost control of his motorcycle and died after colliding with a car at the intersection of Old National Highway and Hallie Mill Road. Excessive speed was cited by investigators as a factor in causing the wreck.

At Robert J. Fleming, P.C., we have had great successes in helping seriously injured clients fully recover for their injuries. We do this by fully investigating every case. If you or a family member has been seriously injured or killed in an auto wreck, please contact us so that we can help properly evaluate your case.

Recent attention has focused on faulty Chinese Drywall as causing a number of construction defects and personal injures. Once again, more information is coming to light. According to a recent test conducted by the Environmental Protection Agency, the Chinese-made drywall contained sulfur and acrylic paint compounds. Apparently added to increase the weight of the product (and hence, to increase the profit), these findings further support the growing concern that the Chinese drywall is damaging new and remodeled Atlanta-area homes.

If your home was recently built or remodeled and you suspect that it contains defective Chinese-made drywall, you should investigate further to protect your family from harmful toxic exposure. You also may be able to recover your damages due to this defective product.

The potential danger of Chinese-made drywall was uncovered when buyers of new homes in Florida noticed a strange smell, which officials now believe to be from high sulfur content in Chinese drywall. It now appears that the problem may be more widespread than just Florida.

The potentially toxic Chinese dry wall was first introduced to the United States in 2001. The effects of toxic drywall manifest themselves when homeowners notice abnormal failures of their air conditioning coils or HVAC units. Homeowners, building owners, or occupants may have noticed corroded electrical wiring in their walls in properties built or remodeled since 2001.

More troubling, is that family members living in these houses may have suffered upper respiratory problems, nose bleeds, headaches or other potentially serious medical conditions caused by the sulfur-tainted drywall.

While the initial lawsuits are filed in Florida, evidence is emerging that strongly suggests that single family homes in Georgia and Atlanta subdivisions built from 2001 to the present contain the defective product.

If you suspect that your home contains this defective drywall, click here for help in evaluating your situation.

Robert J. Fleming, P.C. is dedicated to helping Georgia consumers.

According to a recent article in the Fulton County Daily Report, growing dissatisfaction with the billable hour dominated a recent discussion between in-house counsel and lawyers from boutique firms.

As an experienced Atlanta injury lawyer and business litigator who has been an associate, partner and managing partner during my legal career, this comes as no surprise to me. Simply put, the size of a firm does not equate with the quality of legal work it performs and anyone who implies the opposite is misguided. While this is garnering headlines now as Corporate America attempts to tighten its belt, this is something that most legal insiders have come to realize some time ago. You see, the "big firm" business model is arcane and simply does not work in today's competitive environment.

According to one panel member who was prominently featured in the recent article, "[many big law firms] hire 100 associates a year knowing that only two will make partner." This is just one part of the big firm business model that leads to lawyer dissatisfaction, an emphasis on billing hours (as opposed to getting results) and inexperienced first and second-year associates performing a great deal of the client's important legal work.

Whether you are looking for an experienced injury lawyer or business lawyer, your focus should be the same. Serious injuries and legal issues demand an experienced lawyer. Not only should that lawyer be there for you when you become a client, he or she should be the one who performs the majority of the legal work on your case. So, stop paying for all that marble and fancy paintings in the law firm lobbies, and hire yourself an experienced Atlanta injury lawyer or business lawyer who will give you the personal attention and expertise that your case requires.

Robert J. Fleming, P.C. is an Atlanta, Georgia based law firm which specializes in serious personal injury and business litigation. Our firm is small by design. However, we have the proven track record and resources to handle any significant case. This allows us to practice law the old-fashioned way -- as a profession, not a business.

We carefully screen all potential cases. Not only do we evaluate the facts of the case, we also want to know our potential client. In the end, we seek to only represent quality people who have worthy cases. This allows us to spend the time and resources necessary to make a difference in the quality of life for our clients. We have achieved record successes.

This is a simple formula; one that we are proud of and which we will always use. Each client is important to us. Each case is important to us. We are here to help.

We welcome the opportunity to help you evaluate your case. Please call (404) 923-7497 or contact us online today for a free, no obligation consultation.

Atlanta-area police cited excessive speed and alcohol as factors in a one-car crash that killed an 18-year-old from Milton. The driver of the car, Andrew London, was apparently speeding in his pickup when he lost control and flipped twice with two passengers. The accident happened on May 12, 200i9 at 2:30 a.m. A 16-year-old was also injured in the wreck and hospitalized.

At Robert J. Fleming, P.C., we have had great successes in helping seriously injured clients fully recover for their injuries. We do this by fully investigating and properly pursuing every case. If you or a family member has been seriously injured or killed in a wreck, please contact us so that we can help properly evaluate your case.

The American Association for Justice ranks the ten worst insurance companies in America (2008). Based on reams of court documents, papers uncovered during litigation, trial testimony, state insurance department complaints, government records and news accounts of insurance company practices, the AAJ's study is detailed and comprehensive. The following ten insurance companies made the list:

1. Allstate
2. Unum
3. AIG
4. State Farm
5. Conseco
6. Wellpoint
7. Farmers
8. UnitedHealth
9. Torchmark
10. Liberty Mutual

A detailed explanation as to why each insurance company made the list is contained in the article. However, for the sake of brevity, let's just say that if you have suffered an insurable loss, you may not want to be in the "good hands" of Allstate and with neighbors like State Farm, you may want to live out in the country-miles from any neighbors.

Insurance "bad faith" describes a tort claim that an insured person may have against an insurance company for its bad acts. Under Georgia law, and the law of most jurisdictions in the United States, insurance companies owe a duty of good faith and fair dealing to their insured. This duty is often referred to as the "implied covenant of good faith and fair dealing" which automatically exists by operation of law in every insurance contract. If an insurance company violates that covenant, the insured person (or "policyholder") may sue the company on a tort claim in addition to a standard breach of contract claim. The contract-tort distinction is important because as a matter of public policy, punitive or exemplary damages are unavailable for contract claims, but are available for tort claims. The end result is that a plaintiff in an insurance bad faith case may be able to recover an amount larger than the original face value of the policy, if the insurance company's conduct was particularly egregious.

Insurance company bad faith occurs in a variety of settings. Some insurance companies systematically deny claims or force their insureds to accept low ball offers. Others retain high-priced consultants to train their adjusters on how to increase their rate of claim denials and lower the amount of money they pay out to the insured on each valid claim.

There are a number of Georgia and federal laws in place to protect against these type of unlawful insurance company business practices and they offer the insured policy holder a great deal of legal support. If you have been dealing with an insurance company and suspect that they are acting in bad faith, you should consult with a qualified business attorney to properly evaluate your case.

Robert J. Fleming is an experienced business trial lawyer. In addition to a law degree, Mr. Fleming has earned an MBA in finance, has acted as general counsel to a number of businesses, has successfully litigated many large fraud cases and has a successful business background. This unique set of experiences and skills has enabled Mr. Fleming to achieve record successes in this area.

If you would like to discuss your case with us, please call Robert J. Fleming, P.C. at (404) 923-7497 or contact us online. We are here to help.

Since we last reported on the Crocs-related escalator injuries on December 9, 2008, Atlanta Residents Injured By Faulty Escalators more news has developed which now points the finger at Crocs, in addition to faulty escalators. For a full breakdown of this developing area see the Snope.com article Danger Afoot. Regardless of which side you come down on this debate (e.g., is it the Crocs causing the injuries or is it the escalators that are causing the injuries), the important point to take away from this is: children are suffering injuries on escalators in record numbers. Whether they are being injured at Lenox Mall, Hartsfield Airport, on Marta escalators or in any number of locations around Atlanta, they are being seriously injured. All parents must take extra caution when shopping or traveling with young childen. HERE IS WHAT YOU CAN DO TO BECOME A SAFER ESCALATOR RIDER >Be aware of where you are at all times. Anticipate stepping onto the escalator and be conscious of the fact that the escalator is moving when you step onto it. > Don't bring strollers, walkers or carts onto escalators. Elevators are always available for this purpose and are usually conveniently located. > Learn the location of escalators’ emergency shut-off buttons in case you need to stop the machine in an emergency. They’re usually at each end of an escalator. > Keep little feet away from the sides of steps where entrapment can occur. > Make sure shoes are tied and that clothing doesn’t drag onto escalator stairs. If possible, avoid gummy shoes like Crocs that tend to stick abruptly on the pavement. > Always hold your kids' hands and watch them closely when they are on the escalator with you. Don't let them play games on escalators. Save the games for when you arrive safely at your destination. > Face forward and hold on tight to the handrail. If your child has been seriously injured on an escalator, please contact us so that we can help you.

The U.S. Supreme Court recently upheld a $6.7 million dollar verdict awarded to a woman whose arm had to be amputated after she received a Phenergan injection.

The woman, Diana Levine, was suffering from migraine headaches and sought treatment from a local clinic. The clinic injected her with Phenergan by using an IV-push, which allows for a greater volume of the the Phenergan to enter the body at a faster pace. Instead of the Phenergan entering the body through a vein, as planned, the drug entered her body via an artery and she developed gangrene. As a result, doctors had to amputate Ms. Levine's hand and forearm. Obviously a catastrophic injury for anyone in this situation, the amputation was especially devastating to Ms. Levine because it ended her career as a guitarist and pianist.

After a jury ruled in her favor and awarded Ms. Levine her damages, the drug maker, Wyeth, appealed the verdict and argued to the United States Supreme Court that is should be shielded from liability because the FDA approved Phenergan for consumer use. The Supreme Court rejected this argument and awarded Ms. Levine her damages.

The Consumer Product Safety Improvement Act of 2008 (the "Act") was signed into law by Congress in 2008. The Act is aimed at broadening the consumer product safety laws and providing more tools to allow the Consumer Product Safety Commission (the "Commission") to enforce the new laws.

The Act lowers the limits of allowable lead in paints and furniture coverings. It also prohibits the sale of all children's toys and child care articles containing more than 0.1 % of three specific types of phthalates (chemicals commonly used in toys to increase flexibility in vinyl or plastic).

Under the Act, every manufacturer or importer of products intended for use by children must certify that its product complies with all applicable consumer safety laws and regulations and the certification must be based on tests performed by an independent laboratory which has been accredited by the Commission.

The Act provides other safety regulations aimed at protecting children such as a requirement for tracking labels on children's products, new labeling requirements for toy advertising, a requirement that the Commission develop new safety standards for durable nursery products, increased whistleblower protection for employees who report violations of the Act, and new safety regulations for all-terrain vehicles.

The new Act better helps protect our children against a myriad of potentially unsafe products such as lead-containing paint, unsafe toys and all terrain vehicles (which have contributed to many catastrophic injuries to children in Georgia). It is a solid step in helping to protect the children of Atlanta and Georgia. Congress should be commended for having the fortitude to pass the Act.