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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Several adults, and at least one teenager face charges arising out of a fatal drunk driving accident that killed a 16-year-old Villa Rica boy. The adults include fathers of some of the teenagers involved, as well as a liquor store owner.

The accident occurred over the weekend when a car full of teenagers crashed in Douglas County. According to the Georgia State Patrol, when the at-fault driver lost control of his SUV, and the resulting accident killed 16-year-old passenger. The SUV drivers was on bond for drug and alcohol charges at the time of the accident. Not surprisingly, the judge has denied his bond application this time around.

Investigations have been tracing the at-fault driver’s actions just before the accident. According to them, he first made a stop at a party being hosted by the teenage grandson of a Villa Rica man, who has now been charged in the accident for allowing underage drinking in his house. There, the at-fault SUV driver consumed an undetermined amount of alcohol, and then went on to his next stop, another party that was being hosted by another teenager. In that case too, the teenager had been allowed by his father to drink with his minor friends. This teenager purchased alcohol at a Douglasville liquor store, and the liquor store owner now faces charges. The at-fault SUV driver consumed more alcohol at the second party, and then drove on, resulting in the accident.
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Despite years of legal jockeying, the U.S. Supreme Court has ruled that the carmaker, Mazda Motor of America, Inc. (“Mazda”) may be sued under Products Liability laws for the death of a woman who suffered fatal injuries in a Mazda Minivan that was sold only with a lap belt for the middle portion of the rear seat.

Mazda had repeatedly argred that it should be insulated from liability in the deadly accident because federal regulations did not require a lap and shoulder belt for the middle seat (in which the woman was sitting when killed).

This is an important victory, not only for the dead woman’s family who is seeking to recover for her death, but also for all victims of product defects. With offices in Georgia, Mississippi, and North Caroline, our firm handles many serious accidents in the Atlanta area and throughout the Southeast. Robert J. Fleming is an experienced trial lawyer who specializes in personal injury litigation. According to Mr. Fleming, “many single-car accidents are immediately dismissed by inexperienced lawyers. However, a small portion of these may be caused by, at least in part, unsafe product defects such as faulty door latches, unsafe seat belts such as in the recent Mazda case, unsafe road defects and other product defects. That is why we take great care in fully investigating any potential car accident case that involves serious personal injury or death.”
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Patients in Atlanta hospitals can be given any number of drug combinations to deal with multiple issues. Some medications, safe and effective alone, can have dangerous consequences as drug combinations. Also, an important area of Medical Malpractice is plain pharmacy error. Sometimes pharmacists put the wrong pills in the bottle. Other times, the prescription is written wrong by the prescribing doctor and then filled by the pharmacist who did not catch the mistake. Obviously, this can also have disastrous consequences.

News RX reports that a study released in the Critical Care Medicine Journal has found including an on-ward pharmacist on the Intensive Care Unit (ICU) team significantly reduced prescription error and related patient harms. The study was instituted by J.E. Klopotowska of the University of New Amsterdam. As an Atlanta pharmacy error lawyer, I can see the direct benefits that can be derived from having a pharmacist in the ICU or ER areas. After all, the most common caused of medical malpractice and pharmacy error is a lack of communication between the different providers who are rendering care to the patient. In this particular case, the lack of proper communication (and double-checking that is often essential to the correct care) between the prescribing doctor and the pharmacist that fills the prescription, leads to dangerous consequences in the form of prescription error. Some of these errors are harmless, while others can be deadly.
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Any Atlanta car accident lawyer would confirm – seat belts help save lives and prevent serious injuries. An Atlanta area senior citizen, who was injured in a car accident involving a state van in Villa Rica last week, has said that the seatbelts in the vehicle were not working properly at the time, and that this contributed to his injuries.

The Georgia state van was taking a group of elderly persons to a Valentine’s dance in Carrollton, when the van slid on a patch of ice, and flipped over. There were six senior citizens in the van, and all six persons were injured in the accident. One of the passengers, a 72-year-old man was seriously injured in the accident. He had not been wearing a seat belt at the time.

The man has told CBS Atlanta that his injuries were a direct result of a malfunctioning seatbelt. According, to the injured senior, he would not have been injured if the seatbelt in the van had been functioning properly. Just before the accident, the injured passenger told the driver that his seatbelt was not working properly, but received little response. CBS Atlanta then asked the other passengers in the van, and at least one of them confirmed that the seatbelt in question was not working at the time. All of the other passengers had been wearing lap belts at the time of the accident.

Officials from the Georgia Department of Human Services reported back to CBS Atlanta that they had inspected the van, and found the seatbelts had been functioning properly. According to the Georgia Department of Human Services, they had inspected the van at least two weeks before the accident, and found nothing wrong then. Now the spotlight is on the driver of the van, to see whether she fastened in all drivers safely before driving. In a situation like this, the driver would be liable under the theory of negligence if she did not properly secure each passenger, as these passengers were not in a position to do this themselves. Many times during litigation, it becomes apparent that there are specific protocols in place to protect against this exact type of passenger injury, yet the protocols are not followed by the driver. Other times, there are not proper procedures and training in place, and this is the proximate cause of the injuries.
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As an Atlanta personal injury attorney, Robert J. Fleming sees victims of Atlanta traffic all the time. The overloaded transportation infrastructure results in long commutes, road rage, exhaustion, and dangerous conditions that result in car accidents, injuries, and wrongful death.

Last year, the Georgia state legislature passed the Transportation Investment Act of 2010, in an effort to get past three years of deadlocked wrangling over Atlanta’s traffic problems. Recently, a panel created under the Act added Mayor Reed to its membership.
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Businesses and designers across the country are becoming conscious that we have an elder population. People are living longer, and living with the handicaps of age longer, creating a need for products that accommodate those handicaps. An article in the New York times reports that some companies are finally designing products to meet that need, and in the process, creating better products for any age.

An exciting aspect of the development of better products for the elderly is the design of products that will allow people to live at home longer, rather than be moved to a nursing home. The relocation of an aging parent or relative can be extremely painful for many reasons; leaving a cherished home, loss of independence, fear of a new place, and the possibility of negligence or abuse at the hands of the new caretakers.
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A wreck on I-285 closed down the interstate near the Ashford Dunwoody exit for ten hours last night. According to the AJC, a young man driving the wrong way in the eastbound lanes slammed into a truck carrying margarine. Margarine is essentially oil. Consequently, it’s highly flammable and slippery. The crash resulted in a fire that took hours to douse. Extra Hazmat crews were on scene to clean the slick mess off the road and keep it from getting into the drains.

The young man did not survive. The driver of the truck – amazingly – was not seriously injured.
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An article in today’s Atlanta Journal Constitution never mentions legal liability and dog bites, but it highlights owner responsibility none the less. According to Manning, most people believe the danger a dog poses is based on the dog owner’s training and treatment of the animal. Many people still feel that some breeds, like pit-bulls, german shepherds, shar peis, or american Stafford terriers, are more dangerous, but opinions differ as to whether the danger is in the breed or the attitude of the people who raise them.

Dog attacks can be terrifying and result in severe injuries, not only from the bite itself, but through defensive or evasive actions by the victim. Many times, if the victim of a dog bite is very young, the incident leads to a life-time fear of dogs. This can be a terrible “life sentence” as there are few families that don’t own a dog and there are so many situations that involve interacting with a dog. Needless to say, this type of situation contributes to a huge portion of the damages that a dog bite victim seeks. In other cases, the damages, in the form of medical bills, can be staggering. In vicious dog bite attacks, the victims must undergo multiple surgeries to correct the damages caused by the dog attack. It might start in the emergency room to stop the bleeding and stabilize the victim, but it usually does not end there. Most times, other surgeries are required to reduce the wound and/or scarring and to deal with nerve damage which results from a lot of dog bites.
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The Atlanta Bicycle Coalition is joining Georgia Rides to the Capitol in March. On March 22nd, hundreds of cyclists will ride into town to promote cycling awareness and encourage legislators to support measures that enhance bicycling safety in Atlanta.

Currently, Atlanta is not among the most bicycle friendly cities in the U.S. and we have high accident rates. Drivers can be aggressive and resentful of sharing the road with the slower bicycles. Frequently, even the most well-intentioned drivers do not look for the smaller, less obtrusive modes of transport. Consequently cyclists are hit and seriously injured in intersections or run off the road.

Because riders are largely unprotected, these bicycle collisions often leave cyclists with destroyed equipment and nasty injuries, including brain injuries, broken bones and worse. In 2008, bicycle deaths accounted for 2% of all traffic fatalities in the United States. Injured cyclists can require short and long-term medical care, reconstructive surgery and help managing trauma.
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The Occupational Health and Safety Administration (OSHA) is looking for a way to minimize a common workplace injury. Musculoskeletal Disorders, or MSDs, have been under OSHA scrutiny since 1979, but because they are cumulative injuries, it is difficult for regulators or attorneys to pinpoint their exact cause. Consequently, it has historically been difficult for the administration to put the onus on the workplace.
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