Confidential Settlement for Premises Liability Accident
Confidential Settlement for Motorcycle Wreck
$705,000 Verdict in Commission Dispute Case
Confidential Settlement in Golf Cart Injury
$1.9 Million Recovered in Pay Dispute
Confidential Settlement For Atlanta Chiropractic Malpractice
Confidential Settlement in Commission Pay Dispute
Confidential Settlement In Dental Malpractice Case
$3.25 Million For Alleged Fraud in Sale of Business
$5.5 Million Medical Malpractice Verdict
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An Alpharetta man who had stopped to aid another driver on I-75 was killed early Monday when a car struck his own vehicle.  The good Samaritan had pulled his Ford Explorer off behind a disabled Chevrolet Impala just south of Delk Road in Marietta about 4:35 a.m., Cobb police Sgt. Dana Pierce said. After turning on a set of white strobe lights on his vehicle, the victim got out and put on a reflective traffic vest, police said. Moments later, a 2006 Chevrolet Cobalt hit the rear of the Ford, causing it to hit the victim, who died on the scene.

Time and again, this is the end result of people (both who are broken down on the side of the road and those trying to aid someone who is on the side of the road) who are working on cars in the shoulder of the road. As an Atlanta Personal Injury Attorney who handles car accident cases, this is something that I see too often, and the results are almost always catastrophic. Anyone who finds themselves in this position should move as far to the right of the roadway as possible and not attempt to fix their car in the shoulder.

Due to the unique nature of a pedestrian being struck by a vehicle, there are unique legal issues which must be addressed as quickly as possible. Injuries in these types of accidents are usually extensive. The injured pedestrian is often taken from the scene by ambulance and not able to give their account of the accident to the investigating police officer. Because of this, legal representation should be sought quickly in order to protect the victims legal rights, even when the victim is in the hospital and cannot advocate for themselves. Many times, an immediate investigation can uncover witnesses and other evidence which can directly controvert what the at-fault driver (the drive who hit the pedestrian on the side of the road) tells the police of accident team. This can be crucial, not only for the trial or ultimate resolution of the case, but it can also affect insurance coverage, medical treatment and other issues related to the care and treatment of the injured person. Many times, there is only a short window of time to uncover this evidence before it is destroyed (either on purpose or accidentally).

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A law firm recently attempted to obtain court audio tapes. After the firm requested the audio recordings, the Court told the requesting attorney and her law partner husband, that they could come to court and listen to them, but they could not record them. This prompted the firm to file a lawsuit in Fulton County Superior Court demanding that the Court turn over copies of the audio tapes. But a judge dismissed the case, prompting the appeal to the Supreme Court of Georgia.

On Tuesday, Justice Nels Peterson, writing for a unanimous Supreme Court, said the firm should have used a court procedure known as Rule 21, which grants the public access to court records in criminal and civil cases. The firm also could have appealed Emerson’s order; it should not have filed suit, Justice Peterson wrote.

The Supreme Court did not squarely answer the most pressing issue in the case: whether the public has a right to inspect and copy a stenographer’s audio recording. As to that issue, Peterson gave somewhat mixed signals.

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The Georgia Court of Appeals recently overturned the grant to Defendants of a Motion for Summary Judgment by a DeKalb County (Georgia) Trial Court in Duff v. Board of Regents, No. A17A0438. The three judge panel reversed DeKalb County Trial Judge Janis Gordon’s granting of Summary Judgment to the Defense when Judge Gordon concluded that rainwater, tracked onto the floor by other students causing Plaintiff to slip & fall, was not, as a matter of law, a hazardous condition.

Judge Doyle, in writing for the Court, cited the seminal premises liability case of Robinson v. Kroger, but the Plaintiffs won on the facts, which were: (1) the rainwater caused the Plaintiff to fall, but the water she slipped in was not near the door entry, but deep into the building; and (2) plaintiff had no way to know that it was even raining, because she had come from a classrooms and hallways that had no windows, so she was unable to expect rainwater on the floor in that location.

Most premises liability cases, at least in the initial stages of litigation, turn on the facts as applied to the Robinson v. Kroger factors. In Robinson, the Supreme Court held that

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The following was recently received by a colleague from an Atlanta insurance defense firm regarding a personal injury case that he was pursuing on behalf of the plaintiff:

“if any surgery is contemplated for any of the injuries he alleges we demand an IME [Independent Medical Exam]prior to the performance of such surgery. We have a right to see the alleged injuries in an unaltered state for the purpose of ascertaining their existence and causation. If you fail to properly secure and preserve this evidence and alter it prior to the requested IME, we will pursue a spoliation of evidence claim and seek all sanctions available under the applicable law.”

The law in Georgia is:

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As the recent AJC article detailing the car wreck makes clear, if you cause a car accident and your conduct is serious enough in nature, you will also face criminal charges for the harm that you cause.

Police say they expect charges to be filed in a crash that killed one man and seriously injured another recently when an 85-year-old Cobb County, Georgia driver struck them on the side of the road.

One of the victims (the driver of the other car) steered her black 2006 Dodge Magnum as two men pushed it off Johnson Ferry Road near Hampton Farms Drive in south Marietta, according to Cobb County police.

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With warm Georgia weather comes a rash of dog bite cases. This happens every year and this year is no different.

Georgia’s dog bite statute which is found at O.C.G.A § 51-2-7 provides:

A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured. In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash. The foregoing sentence shall not apply to domesticated fowl including roosters with spurs. The foregoing sentence shall not apply to domesticated livestock.

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The number of vertebral artery dissections and resulting strokes related to negligent chiropractic neck adjustments is alarming. This type of injury occurs more than one might realize and is just now starting to appear in media coverage. To be sure, there are many fine chiropractors who can properly adjust the neck, however, inexperienced, careless, or improperly trained chiropractors can and do cause serious injuries when they improperly adjust the neck of patients.

When this occurs, the injury may have been caused by malpractice and should be investigated by an experienced medical malpractice attorney to determine if chiropractic malpractice occurred (in the form of improper technique while adjusting the neck which puts too much pressure on the carotid artery and causes it to tear) and whether the injury (i.e, stroke) was caused by the malpractice. In litigation, defendants invariably assert that here is an association between the manipulation and vertebral artery dissection/stroke, but no causation and argue that the dissection was there prior to manipulation, they will try to say that there is evidence of tortious vessels on a CT scan or other radiographic test that could be indicative of a pre-existing connective tissue disorder. They will then cite (chiropractic sponsored) literature that tries to correlate studies on animal vertebral arteries to humans.  The literature relied upon by the defense is simply not authoritative peer-reviewed literature that should be relied upon.

In other words, defense “chiropractic experts” (i.e., chiropractors hired by the insurance defense firms to testify on behalf of the defendant chiropractors who caused the injury that is the basis of the lawsuit) are relying on recent “scientific” studies to argue that there is absolutely no causal link between chiropractic manipulation and stroke. If you’ve tried one of these cases recently, you have probably heard the defense counsel and defense attorney claim, “while there may be an association, there is no causation.” As with other studies that are conducted primarily by trade associations and industries to defend litigation but are conducted under the guise of “research” it’s not easy to determine exactly how these studies are funded, but at least one was funded by the primary insurer of chiropractors nationwide – National Chiropractic Malpractice Insurance Company (“NCMIC”). Since this is a chiropractic insurer organization, one cannot seriously argue with the fact that they are biased in defense of the chiropractors, at any cost. After all, if there is a judgement obtained at trial against their insured chiropractor, they NCMIC must pay the judgment. NCMIC obviously has a tremendous interest in making sure these studies come to this “no causation” conclusion. When trying a case, the bias needs to be clear to the jury so that they do not mistakenly rely on this type of study as “independent,” which it clearly is not. NCMIC’s website boasts that it provides millions of dollars of funding for chiropractic research. It is not too big a leap to understand that the researchers are not independent, but rather are beholden to the sponsor of the studies. We have seen this in other industries such as the auto industry, tobacco, asbestos, big pharma…the list goes on.

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There are many circumstances in which a policy limits demand is appropriate prior to filing a lawsuit in a personal in case in Georgia. Below is one such example in which the policy limits are low compared to the injuries sustained by the Plaintiffs and liability is clear.

Defense Attorney, Esq.

Defense Firm, LLP BY FEDERAL EXPRESS

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There are now almost 4.5 million dog bites in the U.S. each year and with the rise in dog bites is a corresponding rise in the payouts by liability insurers such as State Farm, Allstate and other large insurers who write homeowner’s insurance policies in the U.S.

Sadly, most of the attacks involve children and pit bulls, although there are other breeds that have a higher incidence of attacking such as the German Shepard, Chow, Akita, and Sharpei.

Most payouts are made to the injured dog bite victim from the dog owners insurer, and most times, the insurer is the insurance company who wrote the owner’s homeowner’s policy or (much less often) renter’s policy. Because of this, it is important that you determine the owner’s identity and residence as soon as you can, if you are bitten someone else’s dog.

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Dental offices in Georgia, and dental practitioners are governed by the Georgia Drugs and Narcotics Agency, as well as medical facilities.

The following are tips shared by the Georgia Drugs and Narcotics Agency for dentists and physicians who must prescribe drugs.

1. Stamped signatures are not valid for any prescription issued in the State of Georgia. (Georgia Pharmacy Practice Act O.C.G.A 26-4-80(i)).