Georgia Injury Law Blog

 

April has been a bad month for school bus accidents. We covered this subject in March when a Cherokee County school bus overturned and several students were taken to area hospitals. Since then, school bus accidents continue to be the subject of local news programs across the country. Many students suffered serious personal injuries as a result.

 

Monday morning of this week, two Pope High School students were injured when a car, driven by a teenage driver, ran up on the sidewalk and struck them. A fifteen-year-old girl was flown by helicopter to Children’s Hospital at Scottish Rite and is in critical condition. A seventeen-year-old boy was taken to Kennestone Hospital and treated and released.

 

The driver of the Jeep, Corey O’Connell, was driving northbound when a Nissan Maxima stopped in front of him to make a left-hand turn. He did not see the stopped car in time, swerved onto the sidewalk, and ran over a fire hydrant and an electrical box before striking the students with his vehicle. He has been charged with following too closely and failure to maintain his lane. 

 

Earlier this month in Cleveland, Ohio, several students were injured in a runaway bus accident. The children were students at the Arts Academy in Cleveland being chartered on a school field trip. The bus driver, Michael P. Weir, stopped the bus at a gasoline station, left the engine running, and proceeded to pump fuel. After fueling, he went inside the store to pay and use the restroom. While he was gone, the bus began to roll down the hill and pick up speed. Several students were injured when they jumped out of the runaway bus. A student inside the bus grabbed control of the steering wheel and swerved the bus away from a bridge piling and out of oncoming traffic. 

 

Weir violated many rules here: stopping to fuel a bus with children inside, leaving the bus engine running while pumping fuel, leaving his bus unattended with children inside, and (worst of all) leaving his bus unattended with the engine running with children inside. Weir had previous driving violations on this record, and had just had his suspended license reinstated when he was given the keys to drive these children on a field trip.    

 

In Clayton, North Carolina this month, state troopers are still searching for the hit-and-run driver who struck a schoolgirl crossing the street to board her school bus. She suffered a broken jaw and a broken leg.   

 

All of these cases represent a variety of different claims. In the case of the Pope High School students, the injured may have a claim against the driver of the car who struck them. When a driver has been charged with a vehicular violation, those charges if adjudicated against the driver, may be used to prove negligence per se – or negligence as a matter of law. Thus, the jury does not have to decide if the driver’s actions were negligent, the judge will instruct the jury that the actions were negligent as a matter of law. 

 

In the case of the runaway school bus, the students may have a claim against the school, the company who provided the charter bus service, and the negligent driver. The charter bus company may have negligently hired a driver with a bad driving record; the school may have failed to get the qualifications of the charter bus company; and the driver was clearly negligent.

 

In the case of a hit-and-run driver, uninsured motorist coverage (potentially carried by the parents of the victim) may be able to provide liability coverage for the unknown driver. Also the school bus uninsured motorist coverage may come into affect if she was boarding the school bus at the time of the accident.

 

These cases can be complicated. If you or someone you love has a claim, contact the law firm of Robert N. Katz for a free, private consultation.  

 

Posted By Lisa Siegel In Truck Accidents | 0 Comments Permalink

On Sunday, a carnival worker was critically injured when he fell forty-five feet from the outside of a Roll-O-Plane carnival ride at the Plaza Fiesta on Buford Highway in DeKalb County. The outdoor carnival is operated by Gold Medal Shows.

 

According to witnesses, the worker was trying to secure a door of the ride when the ride started moving and he was hoisted into the air. The Roll-O-Plane is a bullet-shaped passenger cabin that spins upward by a single rotating arm. After losing his grip at the top of the ride, the worker plunged onto a steel support beam at the base of the ride. 

 

Two teenage brothers were inside the ride with an unsecured door at the time of the accident. Their horrified mother watched from below while they were trapped atop the ride for twenty minutes. DeKalb County Firefighters rescued the teens. Initial reports blame human error for the mishap.

The Consumer Product Safety Commissioner (“CPSC”) is the federal regulating arm of traveling carnivals. The CPSC collects data on carnival ride accidents. Approximately five thousand emergency room visits are made annually as a result of carnival ride accidents.   The CPSC estimates there are ten thousand accidents a year when including fixed ride sites such as those found in theme parks.   The Consumer Product Safety Commissioner does not inspect fixed ride sites as these are left to state regulation.

 

Only twenty-seven states have government ride inspection and accident investigation statutes. Georgia does have strong carnival and amusement ride inspection statutes. The Georgia Department of Labor provides for safety and inspection standards for all carnival and amusement park rides. The Georgia Code also provides for safety standards. Permits are required annually. Carnivals must carry up to a million dollars in liability insurance; amusement park rides must carry up to five hundred thousand dollars in liability insurance. Inspections are made at the time of ride set-up and are spot-checked periodically thereafter. 

 

Still, even with inspections and investigations, accidents at carnivals and amusement parks do occur. Some have serious consequences. In June of 2007, a thirteen-year-old girl had her feet severed from a flying cable at Six Flags over Kentucky. In July 2006, a fifty-two-year-old man died on a roller coaster at Busch Gardens. In June 2006, a twelve- year-old boy died after riding Walt Disney World’s Rock ‘n Roller Coaster. In April of 2006, a forty-nine-year-old woman died on Disney’s Mission: Space. In June 2005, a four-year-old boy died on Disney’s Mission: Space. In the same year, another person died on Disney’s Space Mountain. 

 

Emerging data is now linking brain hematomas to rides with strong G-forces. Research has prompted calls for G-force limits. This may account for the number of serious injuries related to Disney’s Mission: Space since the ride opened in 2003. 

 

The Consumer Product Safety Commission recommends that when deciding to visit a carnival or theme park you follow these guidelines:

 

1.      Check the park’s Injury Reporting Records. If the park has a consistency of accidents that occur due to structural or maintenance failure … go elsewhere.

2.      Take note of a park’s general appearance. The grounds should be clean and well kept; there should be adequate personnel; and no alcohol should be permitted on site.

3.      Read the warning signs and abide by them.

4.      Assess the conduct of the ride operator. The operator should not be engaged in any occupation other than operating the ride.

5.      Assess the ride’s appearance. It should not appear rusty or in bad condition.

6.      Be alert to other riders. The leading cause of accidents is rider misconduct.

7.      Do not force children to ride. Children under the age of thirteen are the highest risk of injury.

 

If you believe you or someone you love has been injured at a carnival or amusement park, then you may have claim that arises under general premises liability law or product liability. Contact Robert N. Katz for a free, private consultation to assess your rights.  

 

  

Posted By Lisa Siegel In Premises Liability | 0 Comments Permalink

 

Drug manufacturer GlaxoSmithKline won a significant ruling this week in the Third Circuit of the United States Court of Appeals in Colaccio vs. Apotex. SmithKline, the manufacturer of the anti-depressants Paxil and Zoloft, defended two separate state tort claims that the manufacturer failed to warn of the risk of suicide from taking the drug. Plaintiffs product liability suits failed. 

 

In a split decision, the Third Circuit ruled that federal regulatory law pre-empted state tort law claims in cases against manufacturers of anti-depressants for failure to warn of the risk of suicide.  

 

Anti-depressants are drugs known as selective serotonin re-upate inhibitors (SSRIs). The drugs block the re-absorption of serotonin into the brain. Serotonin is a natural body chemical that regulates mood, sleep and appetite. By blocking the re-absorption the brain cells get an extra dose of a feel-good chemical. Some experts believe that the increase in serotonin causes a drop in the natural chemical dopamine. Dopamine regulates cognition and behavior.

 

In 1991 the Food and  Drug Administration (FDA) Advisory Panel showed that there was no causal link between anti-depressants and suicide or violent behavior. However, in 2003 a subsequent FDA panel issued a Public Health Advisory for Paxil, Zoloft and other SSRIs urging health care providers to be on the lookout for worsening of depression and the onset of suicidal behavior in the beginning stages of drug therapy or if dosage amounts change. Although none of the drug trials showed an increase in suicide, the FDA has asked drug manufacturers to issue stronger labels.   However, given the lack of scientific data, strong warnings are not required.

 

From documents obtained through discovery in the civil jury trials, SmithKline was aware that a small number of people could become agitated or violent while on the drugs. Despite this knowledge, no warning was placed on the label. Experts believe that the drug may cause a side effect known as akathisia. Akathisia causes overwhelming mental and physical restlessness. Some medical experts believe this causes patients to be sufficiently energized to harm themselves or others.

 

In the recent two cases on appeal before the Third Circuit, one district court held that the plaintiff’s product liability claims were pre-empted by federal regulatory FDA rulings. Another district court ruled the opposite, federal law did not pre-empt a state tort suit. In the majority opinion, the Third Circuit held that the FDA was a regulatory agency specifically mandated to scientifically assess the nature of drugs and the warning required. The court held that state tort law could not pre-empt federal law, and therefore the state suits on the failure to warn could not go forward.

 

The dissenting opinion argued that in many ways the FDA is an imperfect agency as it receives much of its data from the drug manufacturers. Discovery in state tort lawsuits provides a different way for third parties to raise questions about new and existing drugs. The dissent argued that policing drug companies is helped through tort suits, which act as a companion investigative tool for the FDA. 

 

However compelling the dissent argument, as it stands, where drug manufacturers are not required to place a warning label on drugs, plaintiffs have no ground for suit on the issue of failure to warn.

 

Antidepressants account for $14 billion a year of wholesale drug revenues in the United States. When the best-selling and most profitable drug poses a risk of suicide, drug manufacturers have a strong incentive to quash warning claims. Often there exists a clash between the manufacturers marketing tactics and the well-being of the consumer. Regulatory agencies must be above the tactics of drug companies. The pharmaceutical industry is regulated because drugs can cause serious harm and drug companies, with their financial conflict of interest, cannot be relied upon to serve the public interest. 

 

At this point in the legal field, however, for consumers of anti-depressants drugs it is “buyer beware.”

 

If you have a product liability claim against a drug manufacturer, contact Robert N. Katz for a free private consultation.    

Posted By Lisa Siegel In Product Liability | 0 Comments Permalink

 

On Monday night, a red Acura, allegedly driven by Cody Rhoden, attempted to pass an SUV limousine carrying five members of the Randle family and the limo driver, Mark Anthony Gay on I-85 near Indian Springs Road.

As the Acura approached the SUV, it entered the left-hand emergency lane. The SUV was traveling in the HOV lane. The Acura attempted to improperly pass on the left. The Acura clipped the SUV as the emergency lane narrowed with the concrete median wall.

As the Acura cut off the SUV when it entered the HOV lane, it then struck two cars in the lane ahead. Immediately after, the SUV slammed into the back of the struck vehicles, causing the SUV to flip. The SUV rolled over six times before coming to rest roof-side down.

The Acura left the scene with a dislodged bumper. It was later abandoned at a nearby inn. The driver of the abandoned Acura was apparently Cody Rhoden. Gwinnett County Police recovered the vehicle after a 911 call. 

Three members of the Randle family were killed as was also the limo driver. Father and grandfather, Demetrius Randle remains in critical condition. His wife sustained non-critical injuries. Two vehicle occupants in the other vehicles were also injured. 

Late Tuesday night, Cody Rhoden turned himself into Gwinnett County Police. He will be arraigned tomorrow morning on four counts of vehicular homicide and one count of felony hit and run.

 
Although Rhoden, through his attorney, denies liability for the accident and maintains he did not know he caused an accident, witnesses report the Acura was traveling at a rate of speed in excess of 100 mph and passed on the left through an emergency lane. 

 
Vehicular homicide is governed by O.C.G.A. § 40-6-393. This charge involves the unlawful killing of another with the use of a vehicle. The charge does not require either malice aforethought or intent to kill. A person may be charged with first degree homicide by vehicle when he or she drives recklessly or fails to stop after a collision. Both of which seem to apply in this case. The sentence for a conviction of vehicular homicide is three to fifteen years in prison. The Parole Board usually requires inmates to serve ninety percent of a sentence for charges of this nature.

 An interesting loophole currently exists in the hit and run statute. This loophole provides that if the victim dies at the scene, then the violation is a misdemeanor under the theory that the failure to render aid would be irrelevant. However, if a hit and run victim dies after the initial accident, then the driver faces a felony charge of homicide by vehicle.

 Senator Johnny Grant, R- Milledgeville, has introduced Senate Bill 529 in the Georgia Legislature this session to correct this loophole. Under this bill, any driver who kills another and does not stop to render aid may be charged with first-degree vehicular homicide. The measure has passed the Senate Judiciary Committee.      

 From the facts of this accident, it is not clear when and how the victims died. However, the Gwinnett District Attorneys Office has proceeded with four counts of first degree vehicular homicide.

 
For this family, a senseless tragedy should have been avoided. If in fact, Rhoden was driving nearly forty miles per hour in excess of the speed limit, improperly drove in the emergency lane, improperly passed on the left, and clipped the SUV, then he caused a horrific accident through reckless behavior. Leaving the scene of the accident just magnifies the terrible choices he made that night. 

 
If you have any questions about the law related to vehicular homicide or how to be compensated for injuries related to the reckless driving of others, contact the law firm of Robert N. Katz for a free, private consultation.    

Posted By Lisa Siegel In Auto Accident Claims | 0 Comments Permalink

A Friday night tornado ripped through downtown Atlanta, causing serious damage to buildings in the business district. Inside the CNN Center, water flooded parts of the building, shattered glass littered the floor and dust and debris entered from the torn roof.    Next door at the Georgia Dome the SEC conference basketball game was halted. The storm ripped part of the ceiling of the dome off.

 
On Saturday afternoon, a second tornado claimed the lives of two victims in Bartow and Floyd County in north Georgia. That twister was five times wider and stayed on the ground longer than the Friday tornado. One victim was killed when her home was flattened; flying debris killed the other.

 

Spring is peak season for tornados. Most tornados occur in what is known as “Tornado Alley” which is the plains of the central and southern states – east of the Rocky Mountains and west of the Appalachian Mountains. The most frequently hit states are Florida, Oklahoma and Texas. Wind speeds vary from 100 to 300 miles per hour and most tornados are two miles long. Tornados come from the energy released in a thunderstorm. 

 

A tornado warning is issued when a tornado is spotted on the ground. According to the American Red Cross, if a warning is issued in your area, then you should:

 

1.      Go to a basement or low level of the ground;

2.      If you don’t have a basement, go to an inner hallway or closet;

3.      Get away from windows;

4.      Go to the center of a room and away from corners;

5.      Get under a heavy piece of furniture;

6.      Cover your neck and head;

7.      If you are in a mobile home, leave and find other shelter.

 

If you are outside, get out of your car, and duck in the lowest spot you can find like a ditch or gully. Most people are hurt from flying debris rather than the tornado itself.

The Institute for Business and Home Safety recommends that to protect your property from tornado damage, you should make sure your home meets the building code; install strong windows and doors and strengthen the roof through repairs and strong connections to the house.

If you incurred damage as a result of the tornado on Friday and Saturday, you should contact your insurance agent. Most tornado damage is covered by commercial property insurance, homeowners insurance, automobile insurance or business interruption insurance. All of these policies are first party insurance coverage – meaning the claimant is the policyholder. 

 

After a tornado, the first thing you should do if you suffered damage is to take photographs of the damage, contact your agent, make emergency repairs as necessary and document every loss.

 

While most claims are settled to the satisfaction of the policyholder, you do have rights if you believe the insurance company has failed to carry out its obligations under the policy. 

 

In 2003, 71 policyholders with State Farm Fire and Casualty filed a class action lawsuit against State Farm for bad faith and breach of contract. The class action suit, led by plaintiffs, Donald and Bridget Watkins, claimed that State Farm intentionally denied or underpaid claims arising from tornado damage. The group claimed that State Farm employed outside consultant, Haag Engineering, to inspect brick and structural damage to their homes. They claimed Haag, because of its relationship with State Farm, was biased in assessing home damage.

 

In May of 2006, an Oklahoma jury awarded the Watkins $13 million for the claim of breach of contract and bad faith against State Farm. Punitive damages against State Farm accounted for $10 million of that judgment. In awarding punitive damages, the jury found that State Farm acted recklessly, intentionally and with malice in denying the claims. State Farm appealed. 

 

Similar claims against State Farm have arisen in Hurricane Katrina related claims. Claimants contend that State Farm uses a “one size fits all” engineering report. The engineering report contends that all the structural damage was caused by “storm surge” rather than wind damage. “Storm surge” would be an uncovered event.

 

If you believe that you might have a bad faith claim against your first party insurance company, then contact the law firm of Robert N. Katz for a free private consultation.        

 

 

 

     

Posted By Lisa Siegel In Bad Faith | 0 Comments Permalink

A school bus carrying 27 students overturned on March 3, 2008 in Canton, Georgia. Twenty-six students were taking to area hospitals, but none were seriously injured. The driver, Luis Monserrate, was charged with failure to maintain a lane.

 

According to the Georgia Bureau of Investigation, the driver let the school bus dip off the roadway onto the shoulder. He then overcorrected, causing the bus to veer off the road. The bus clipped a utility pole and then overturned. 

 

Currently, there are 585,000 school buses in use in the nation. Over twenty-three million children travel on school buses each year. The Transportation Research Board reports that school buses are the safest mode of transportation for students.  School bus accidents account for 6000 injuries annually and 20 deaths. Compared to incidents caused by adult drivers transporting students in a private vehicle, these cause 51,000 injuries and 169 deaths annually. Most deaths occur from students boarding or exiting buses.   

 

However, the National Coalition for School Bus Safety advocates for re-designs to include seatbelts and to eliminate top-heavy design that causes rollovers. The American Academy of Pediatrics advocates having lap shoulder belts and adult monitors on all new school buses.

 

School buses are operated by drivers with a commercial drivers license (CDL) regulated by the U.S. Department of Transportation. Most states require special driver training for school bus drivers as well as drug and alcohol screening and law enforcement background checks. 

 

Governmental authorities usually operate school buses. Schools may raise governmental immunity as a defense to any claims arising from a school bus accident. Thus, lawsuits involving a school bus injury have an unusual component of addressing immunity claims. Typically, in Georgia, counties will waive immunity to the extent of applicable insurance coverage. However, immunity statutes require specific notice provisions that if not followed bar the claim. The time periods for providing notice of a claim to a government tend to be shorter than standard statute of limitations on claim filing. 

 

If you believe that you may have a claim involving a school bus accident, contact the law firm of Robert N. Katz for a free private consultation.

Posted By Lisa Siegel In Truck Accidents | 0 Comments Permalink

The Tort Reform Act of 2005 may be going up on appeal.   In 2005 Georgia legislators saw fit to pass a Tort Reform Act that, among other things, gave emergency room doctors virtual immunity from negligence suits. 

That bill provided that the ER staff cannot be held liable for damages unless it is shown by clear and convincing evidence that the doctor or health care provider’s actions showed “gross negligence.” Gross negligence is defined as the absence of that degree of care that every man of common sense, however inattentive he may be, exercises under the same or similar circumstances. Another common definition of “gross negligence” is “reckless disregard for the safety of the patient.”

In addition to this standard of care change, pain and suffering damages in a medical malpractice case were capped at $350,000. Thus, if you are injured as a result of medical malpractice, your right to recover has been greatly diminished. 

In a case currently pending in Fulton County Superior Court, Plaintiff Cheon Park claims that the malpractice of doctors and attendants in a Douglas County Emergency Room left him a quadriplegic. 

 
Plaintiff Park fell from a 12-foot ladder on December 9, 2006. EMTs immobilized his neck and back with a cervical collar and backboard. He was transported to Wellstar Douglas Hospital. He complained of neck, shoulder and arm pain. His cervical and backboard were removed. After a short workup, he was released. However, he could not move. Family and hospital staff had to carry him to his family automobile. Three days later at Grady Hospital, he was diagnosed with three spinal fractures and spinal cord bruising. He is now a C-4 quadriplegic, having limited use of his arms and no use of his legs. 

 
The plaintiff claims the Tort Reform Act reformed “his constitutional rights right out of existence.” As ER patients are granted a lower standard of care than other patients, his constitutional rights to equal protection of the law were violated.

 
Trial lawyers and civil advocacy groups argued against tort reform, claiming that it deprived victims of constitutional rights and that the medical insurance industry had fostered a false crisis, blaming frivolous lawsuits for driving up premiums when financial markets had actually caused some, but not significant, losses.

 In 2005, advocates for Tort Reform claimed that it would reduce malpractice premiums for doctors, thus lowering insurance rates and attracting more doctors and a variety of insurers to Georgia. 

Records obtained from the Office of the Insurance Commissioner reveal the opposite. Many of Georgia’s insurers raised their premiums since the reforms took place in 2005. 

 Mag Mutual, Georgia’s largest medical malpractice insurer, increased physician premiums by 55.4 percent from 2000-2004. Since 2005, First Professional Insurance requested a 68.3 percent rate increase and was granted a 35 percent rate increase. Medical Assurance Company requested a 64.10 percent rate increase and was granted a 35 percent rate increase. The Medical Protective Company requested two rate hikes, one four months after the Tort Reform Act passed. Rate hikes of 24 percent and 28.8 percent were both allowed. Finally, Medical Mutual Insurance Company received a rate hike of 13.8 percent in January of 2006.

 
All of these rate hikes occurred during a time period when medical payouts to malpractice claimants and plaintiffs have dropped significantly because of limitations created by Georgia Tort Reform Act.

 
Looking at the evidence, the Tort Reform Act has completely failed in its stated purpose of lowering physician premiums. Meanwhile, insurers reveal record-breaking profits. The Property Casualty Insurers Association of America reports rising profits from $3 billion to $41 billion during the period of 2002-2004. The National Association for Insurance Commissioners reports that the property casualty industry holds assets in excess of $1.3 trillion.

Allsion Wall, director of the consumer advocacy group, Georgia Watch, debunks Georgia Tort Reform claiming, “the objective of Senate Bill 3 [The Tort Reform Act of 2005] was to limit the constitutional rights of taxpayers who seek justice.” She adds, “the law does nothing to address price gouging in the insurance industry, nothing to improve access to quality health care for our families, and it removes accountability where it is due – the insurance industry.”

 
Economists at Harvard and Dartmouth published their recent findings in the Cato Institute’s Regulation Magazine. Economists found that caps on medical negligence damages, such as the $350,000 cap in Georgia, have no impact on insurance premiums or the cost of practicing medicine.

 
In May the New England Journal of Medicine cast doubt on the insurance industry’s claim that frivolous malpractice lawsuits were driving up the cost of malpractice insurance. The Harvard researchers found that cases involving real negligence outnumbered frivolous cases two to one. Eighty percent of those cases involved real injuries of significant or catastrophic injury or death. 

 
Piecemeal constitutional attacks on tort reform in Georgia have had some impact. The Georgia Supreme Court ruled unconstitutional that portion of the bill that allowed defendant doctors to demand that cases be heard in their home counties. Last year the court struck down a section that required medical malpractice plaintiffs to open their medical records before they were allowed to file suit.  

 

A new bill before the legislature this session, Sentate Bill 286, proposes replacing the “gross negligence” standard with “failed to meet the applicable standard of care.” Needless to say, The American Medical Association and Georgia Hospital Association oppose this bill.  

 

However, the Park case provides an opportunity that the Georgia Tort Reform Act will be struck down in its entirety as unconstitutional. Let’s hope that the court is willing to do what the legislature did not – protect Georgia citizens.

Posted By Lisa Siegel In Tort Reform | 0 Comments Permalink

Two sugar refinery workers died over the weekend from the February 7^th explosion at the Imperial Sugar Plant in Port Wentworth, Georgia.  That brings the total number killed in this workplace accident to 11.  Twelve remain in critical condition at Doctors’ Hospital in Augusta, Georgia.  Two are in serious condition.  Over forty workers were injured and released from treatment. 

 

The explosion occurred Thursday night around 7:30 p.m. when plant workers were packaging refined sugar into Dixie Crystal bags.  Investigators believe the blast was caused by the accumulation of sugar dust in a basement area beneath the plant’s storage silos. Sugar dust is combustible. While the cause of the ignition is not yet known, stacked and dry sugar could create a static electric charge that could have ignited.

 

The explosion was so powerful that neighbors thought a bomb went off.   Floors inside the plant collapsed, flames spread throughout the building, metal girders buckled, and sheet metal corridors connecting the plant buildings gave way.  Molten sugar burned at more than 4000 degrees.  Fire crews worked through the night and for several days following to put out the flames.  Doors to the plant were glued shut by crystallized sugar sludge.

 

Dust explosions in industrial plants have killed more than 120 workers over the past three decades.  Most accidents are preventable by removing fine dust build-up.  The U.S. Chemical Safety Board, which investigates industrial chemical accidents, recommends that OSHA (Occupational Safety and Health Administration) issue a comprehensive combustible dust standard.  To date, OSHA has not done so.

 

Imperial Sugar is one of the oldest and largest employers in South Georgia.  The plant sits on a 160-acre site along the Savannah River.  The plant consists of a warehouse, three silos and several eight-story buildings connected by sheet metal corridors.  The Port Wentworth facility turns raw cane sugar into crystal sugar.  The plant opened in 1917 and retains much of the original tongue and groove hardwood flooring that contributed to the blaze.  Imperial is based in Sugar Land, Texas.  It acquired Dixie Crystal Sugar in 1997, making it the largest processor and refiner of sugar in the United States.  In 2007 Imperial Sugar reported $360 million in assets.

 

Generally, when you have been injured in a workplace accident, you are entitled to workers compensation benefits.  The amount of recovery, however, may be more limited than in a personal injury claim against a third party.  However, workers injured while on the job are entitled to no-fault benefits, meaning proof of the employer’s negligence is not required.   

 

Workplace accidents can cause serious injuries.  If you or a loved one have been injured in an accident while on the job, contact the law firm of Robert N. Katz for a free, personal consultation.  One of our workers’ compensation attorneys may be able to help you in your claim.

Posted By Lisa Siegel In Workers Compensation | 0 Comments Permalink

Cell phone liability is back in the news again.  Last week the Fulton County Daily Report highlighted the recent International Paper personal injury settlement.  International Paper ( "IP") paid out $5.2 million to settle a personal injury suit for an automobile collision that an IP employee caused by talking on a cell phone.

 

IP employee Vanessa McGrogan was talking on her company-supplied cell phone when she rear-ended a vehicle driven by Debra Ford.   The collision pushed Ford into a ditch on the right side of the road.  The car overturned and dragged the driver’s side across the roadway.  Ford’s arm was caught between the door and the asphalt.  Ford, a widowed mother of four, had to have her arm amputated at the shoulder.

 

McGrogan had her cruise control set at 77 mph.  In addition to this, she was talking on her cell phone to the point of distraction.  The plaintiff raised the issue of intentional negligence.  The trial court in ruling on a motion for partial summary judgment allowed the plaintiff to seek punitive damages.  The case was set for trial in March and settled this month.

 

Employer liability as a result of cell phone is on the rise.  Dykes Industries of Little Rock, Arkansas lost a $20.9 million personal injury suit where its employee was talking on a company cell phone.  The State of Hawaii agreed to a $2.5 million payout for an accident involving a state employee talking on her cell phone.  Smith Barney paid out $500,000 in a settlement where one of its stockbrokers hit and killed a 24-year-old victim while the stockbroker was making cold calls on his cell phone.  The Virginia law firm of Cooley Godward paid out $30 million in a settlement in a wrongful death case where one of its attorneys was conducting business on her cell phone when she struck and killed a fifteen- year-old girl.

 

According to a recent study by the New England Journal of Medicine, cell phone use while driving increases the risk of accident by four times. A Braun Consulting Study reports that motorists make 40 percent of all cell phone calls.  The American Automobile Association attributes 330,000 highway injuries a year to cell phone use.

 

Georgia has yet to adopt a total ban on driving while talking on a cell phone.  However, Georgia statutes do prohibit school bus drivers from using cell phones on the job.  Also, DeKalb County has adopted an ordinance that increases civil fines for automobile crashes where the crash is attributed to cell phone use.  Neither Georgia nor few other states have adopted a total ban on cell phone use while driving. Only New York, New Jersey, Connecticut and the District of Columbia ban the use of hand-held phones while driving. Georgia follows a reasonable distraction statute that drivers may not be reasonably distracted by other activities while driving.   

 

Interestingly, a public opinion poll of Georgia citizens conducted by the University of Georgia Carl Vinson Institute of Government in 2002 revealed many citizens would vote in favor of a state ban on hand-held phones while driving.  Surprisingly, forty percent of those polled admitted to using a hand-held phone while driving, but supported a ban on such conduct.   The majority admitted that they used a cell phone while driving for business and personal reasons.  Eighty-seven percent of those polled believed that using a hand-held phone while driving was very or somewhat dangerous.  Seventy-one percent of responders believed that other drivers using a cell phone had compromised their own safety.

 

If you have been involved in an automobile accident, it may be the cause of a cell-phone distracted driver.  Further, it is possible that driver was conducting business on the cell phone and his or her employer may be vicariously liable for your injuries.  If you want to discuss your claim contact the law firm of Robert N. Katz for free initial consultation. 

 

Posted By Lisa Siegel In Auto Accident Claims | 0 Comments Permalink

Today’s Atlanta Journal Constitution front-page article provides a shocking revelation from the Department of Transportation. A twenty-nine year employee charged with inspecting state bridges faked his reports since last fall. Falsified inspection reports could suggest that faulty bridges are safe. A bridge collapse could lead to serious personal injuries or even death for the occupants of vehicles.  

 

The two-man inspection team fell behind in their work, partly because one team member took off a good deal of time from work last year. Rather than own up to missing a deadline, they falsified reports. Not apparently the swiftest, the team claimed to have inspected 18 bridges in one day, which caught the attention of a supervisor. The DOT reports it will send out a new team to inspect the 54 bridges affected by the employee lying scandal. 

 

Bridges are inspected at two-year intervals. However, bridges deemed critical may get an annual inspection. Valid DOT inspection reports show that one in five Georgia bridges are in need of repair or new design. Georgia spends about $100 million a year on bridge maintenance, but claims it needs $2.5 billion to rebuild deficient bridges.

 

Last August in Minneapolis, the I-35 bridge over the Mississippi River collapsed during rush hour, sending dozens of cars into the water.   The calamity killed 13 people and injured hundreds. 

 

The National Transportation Safety Board attributed the collapse to design errors. The NTSB determined that steel gusset plates were too thin for the amount of weight on the bridge. Gusset plates are designed to hold together each joint on the bridge. Bridge inspectors did not evaluate this in their inspections during the lifespan of the bridge. More weight was added to the bridge in 1977 and 1998 by adding a center median, outside walls and a deck. Load calculations for the gusset plates were not done when the additions were made.

 

Of the 8,975 bridges in Georgia, 471 bridges are over 75 years old and 39 are over 100 years old. Over half the bridges are connected to the state or interstate highway system. Still, given these complex numbers it must be admitted that Georgia has never suffered a bridge collapse such as what occurred in Minnesota. 

 

However, if any of the bridges that falsely passed the safety inspection fail, then liability would rest in the lap of the Georgia Department of Transportation. Let’s hope the GDOT gets a better team out there and makes the necessary inspections to ensure driver safety.

 

In the meantime, if you believe you may have been injured in an automobile accident or if you have a claim for governmental liability, contact the law firm of Robert N. Katz for a free, private consultation.  

Posted By Lisa Siegel In Governmental | 0 Comments Permalink