DeKalb Man Killed in Shootout at Apartment

A DeKalb County man was killed early Tuesday in a shootout at the Highland Trail Apartments off Covington Highway.  The man was with a group hanging out in the parking lot of the apartment complex when an argument ensued.  The victim and another adult male exchanged gunfire during which the victim was struck several times.  He was later pronounced dead at DeKalb Medical Center.  It is expected that his family will consult an Atlanta Area Personal Injury Lawyer specializing in negligent security and premises liability to determine whether the Highland Trail Apartment complex bears any liability for this incident.  Whether or not the victim was a resident and was legally on the property will be important.  Also, his knowledge of the apartment complex's history of  criminal activity and violence, as well as any steps taken by management to alleviate those problems will be important.  If you or a loved one have been injured as a result of the negligence of a property owner, please contact our office at (888) 973-2540 (888-WRECK-404) for a free initial consultation.  Our staff is available 24 hours a day to assist you in evaluating your legal rights. 

Atlanta Colleges among the most dangerous

Rides at Metro Atlanta Carnivals Sometimes Dangerous

Last month, the AJC investigated complaints filed against operators of carnivals and amusement parks.  The investigation revealed numerous injury investigations in Georgia since 2005.  These injuries were all the result of negligence on the part of the owners and operators of the rides.  The state investigates each carnival ride only once a year - the first time it is set up in the state.  While this inspection is thorough, the rides may be disassembled and moved several more times without such investigation throughout the year.  Many injuries are caused when rides are assembled incorrectly and safety devices fail.  For example, a 43 year old man was hospitalized after being hurled out of his seat into a fence in July 2008 on a carnival ride in Loganville.  One of the seat's support chains had disconnected causing the injury.  Two 9 year old boys were injured when the motorcycle they were riding came off the track at the Carroll County Fairgrounds in October 2008.  One boy suffered a broken leg.  A 4 year old girl fell almost 70 feet from a gondola on a Ferris Wheel at a Jule & Beck Carnival at Turner Field in Atlanta in 2005.  The girl was too young to be on the ride without an adult and became scared at the top.  When she stood up, she tipped the chair and fell - hitting support braces all the way down.  Amazingly, the girl survived the fall while suffering some broken bones.  A 3 year old was burned after he came in contact with a llve 110-volt electrical wire while climbing the stairs of a fun slide at a carnival in Jasper in 2006.  Bob Johnson, president of the Outdoor Amusement Business Association, commented that a "very high percentage of the time [the injury] is a result of a patron who is not riding properly."  Only one of the above examples can be blamed on a patron refusing to follow the rules.  Even there, the operator of the ride had a duty not to let a young child on the ride without an adult as safety guidelines dictate.  There are several things you can do to decrease the likelihood of being injured.  Most importantly, follow the rules and observe all age, weight, height, and health restrictions.  Also, use the provided safety equipment.  Don't loosen the safety belts.  Do not get up until the ride has come to a complete stop.  And always evaluate children before allowing them ride.  Ensure they understand the safety rules and are capable of following through with safe behavior. 

Atlanta retailers gear up to prevent Black Friday injuries.

The day after Thanksgiving is traditionally the first day of the holiday shopping season. Shoppers line up hours before stores open hoping to get the best bargains.
 
While great deals are worth the wait in a tough economy, Black Friday can also be a dangerous day for shoppers. The potential dangers of Black Friday shopping received national attention last year after eleven customers were injured and an employee was killed by a crowd in a New York Wal-Mart. Wal-Mart was found liable for exposing the employee to dangerous working conditions and paid an almost two million dollar settlement to the injured customers.
 
Many Atlanta area stores are already making plans for safer shopping this Black Friday. Stores are liable for the safety of their customers, and many take this responsibility seriously. This year, many retailers will do trial runs to test their safety measures. Some stores will hire extra security and many plan to use a ticket system to control crowds. Other stores will observe crowds for customers that are upset or acting erratically.
 
To learn more about how to protect yourself during Black Friday shopping, click here.

"Hot Coffee" - The Movie

Susan Saladoff, director of Hot Coffee, recently visited Atlanta for a special showing of the 26 minute extended trailer of the documentary still in production.  The movie chroni cles the case of Stella Liebeck, an elderly woman severely injured when a cup of coffee from McDonald's spilled in her lap.  The movie begins by demonstrating how this case was used as fodder for critics of "frivolous" lawsuits - usually with those critics getting the facts of the case just plain wrong.  Ms. Liebeck suffered third degree burns on her legs and genital area so severe they required skin grafts.  She spilled the coffee not while driving and trying to drink, but as a passenger in a parked car trying to remove the lid to pour in her cream and sugar.  McDonald's had been made aware of hundreds of reports of similar injuries as a result of its coffee being kept at an extremely high temperature.  McDonald's employees even admitted, in court, that drinking their coffee at the temperature they require it be kept would result in a person scalding their throat.  Saladoff's film seeks to educate viewers both on the facts of this particular case and the ways in which the media reports and responds to cases with large verdicts.  She exposes the efforts of some groups, mainly comprised of large companies concerned with their potential exposure as a result of personal injury or product liability cases, to use such cases to limit Americans access to the civil justice system.  Eventually, the film will be a full length 90 minute documentary.  Two other story lines dealing with Americans' access to the civil justice system will be included and are currently being developed and filmed in the Southeast.  With Hot Coffee, Saladoff provides everyone with the information necessary - from all perspectives and in an accessible format - to make their own decision about Stella's case and the current debate surrounding tort reform measures.

Drop in Trauma Funding Puts Lives on the Line

The state legislature approved $23 million for Georgia's trauma care hospitals.  Advocates note this is less than half the money received  last year and are worried about responsive cuts in service.  Art Kellerman, associate dean for health policy at Emory School of Medicine, notes this amount is not enough to sustain the system, nevermind strengthen it.  The state's trauma network needs $80 million a year to continue current services and expand to underserved areas.  More than one million Georgians currently live more than 50 miles from a trauma center, putting them beyond the "golden hour" when emergency caregivers have the greatest chance of saving someone's life.  Trauma care centers offer a range of services above and beyond those of an ordinary emergency department.  Grady Memorial Hospital is metro Atlanta's only Level One trauma hospital and services those in Cobb, DeKalb, Fulton, Gwinnett, Coweta, Douglas, Paulding, Cherokee counties.  Grady loses approximately $40 million a year providing trauma care and received only about $13 million in trauma funds last year. 

Losing any of Georgia's 15 remaining trauma centers would put Georgians' lives in jeopardy.  Victims of serious accidents and violent attacks depend on the trauma system every day for life-saving care.  Without experienced trauma care soon after an injury, survival chances are greatly diminished.  We hope the Georgia legislature will address these concerns during the next session and adequately provide for trauma care in Georgia.  If you've been seriously injured due to the negligence of another, please call Kaufman Law, P.C. at 888-973-2540 for a free initial consultation.

Gwinnett Toddler Drowns in Babysitter's Pool

Late last night,  Gwinnett County police arrested a Buford couple for the drowning death of a two year old child whom they were babysitting.  Tanya Moon and Shawn Moon were charged with two counts of cruelty to children in the second degree and one count of reckless conduct.  The charges stem from the death of Abiola Bankolemoh.  Tanya was apparently watching at least three children at her home yesterday.  When she left the children unattended to use the restroom, Abiola fell into the pool. It was approximately 5 minutes later when one of the other children told her he had fallen into the pool.  Tanya then pulled Abiola from the bottom of the pool and performed CPR until the paramedics arrived.  Abiola was transported to Gwinnett Medical Center where he was pronounced dead upon arrival.  Gwinnett County investigators found evidence of neglect in the care of children.  The five biological Moon children were in the custody of relatives after their parents' arrest and a DFCS investigation.

We would like to express our sincere regret for the family who has had to suffer this tragic event.  We know all too well the havoc the unfortunate death of a child can bring to a family.  We pride ourselves on compassionately assisting families in the aftermath of such tragedy by taking over the details of the investigation and pursuit of legal recourse, leaving the family the time to grieve without distraction.  These are terrible situations for everyone involved.  If you and your family have lost a loved one through the negligence of someone else, please call our office at 888-WRECK-404 to schedule a free consultation.  Let us take some of the burden from you and help you recover the fair compensation you deserve.

DeKalb Woman Stabbed While Jogging

A woman was stabbed while jogging Tuesday morning near Briarcliff and LaVista Roads in DeKalb County.  At approximately 7 a.m. a 54 year-old-woman was attacked and stabbed multiple times on Southland Vista Court.  A neighbor called 911 and attempted to assist the woman after her screams alerted passer-bys that she was in trouble.  The woman was transported to an area hospital in critical condition. 

Here at Kaufman Law, we'd prefer if violent attacks such as these were rare occurrences.  Unfortunately, they seem to be all too frequent.  We urge everyone to use common sense precautions.  While these cannot prevent every unfortunate situation, they can prevent some.  Of course, if you've been injured, even violently attacked, on the property of another call us at 888-WRECK-404 for a free consultation.  Let an attorney help you ensure that your rights are protected and you are fairly compensated for your injuries.

Midtown Attack May Lead to Renewed Interest In Hate Crime Laws

John Evans, a server at a Midtown restaurant, was beaten in the parking lot adjacent to  Blake's.  Although Evans asserts the attack occurred because of his sexuality, the police so far aren't saying the same.  Police are struggling with two different accounts of the attack.  Atlanta Police Detective Raymond Layton filed an incident report on Sunday night.  That report contains no mention of homophobic slurs.  Layton wrote that as of the filing of that report, no evidence of a bias crime existed. 

Evans later met with Officer Dani Lee Harris, the department's gay, lesbian, bisexual and transgendered liason.  During that meeting, Evans told Officer Harris that men approached him, asked if he was gay, and then beat him and stole his wallet after he replied that he was.  Layton's report however, indicates that Evans had his wallet and cellphone and that the suspect did not take any of his property.  Layton was working off-duty at Blake's that evening.

Other discrepancies between Layton's report and the details given by Evans to Officer Harris include whether he was asked to leave Blake's due to intoxication (confirmed by several employees) and the time of the attack.  Evans told reporters in an interview that he was hysterical after the attack, which left him with chipped teeth and a busted lip.  Harris is now charged with the task of sorting out the details of the attack.  She indicated that the incident would be investigated as a possible hate crime.

Man Shot at Gas Station, Woman Attacked in Apartment Complex

This week has seen a significant number of violent attacks in public places.  Last evening, a man was shot at a gas station in Dunwoody.  As police investigated well into the night, the motive for the slaying was unclear.  The young man, white and in his late 20's or early 30's, has not yet been identified.  A suspect has not yet been identified either.  Some reporters commented that police officers investigating the incident seemed to be paying particular attention to a back, dinmly lit corner of the gas station.  Officers did not make their reason for paying attention to that spot clear, however.  Tragically, the young man was pronounced dead upon arrival at an area hospital.

Early Thursday morning, resident Khaliliah Saunders heard screams echoing in her Canterbury Road apartment complex. A resident was being attacked by a man Atlanta Police Detective Tez Peavy believes is responsible for several assaults in North Atlanta.  Fortunately, this victim was able to get away.  Saunders reported that she began carrying mace with her after being jumped in the parking lot of her Buckhead apartment last year.  The woman's attacker was caught on video entering and exiting the complex through the security gate.  The vehicle was a silver or grey 1996 to 1999 Buick Riveria. 

These incidents remind us all to use extra caution in public areas.  While it is impossible to prevent all attacks, being aware of your surroundings is important.  Look for well-lit gas stations with security present before deciding to stop.  Try to keep your gas tank always about half full so you'll never be forced to stop in an unsafe location.  Of course, when choosing a home, condo, or apartment, pay careful attention to the neighborhood and security measures in place.  While a secured entrance is important, as one resident learned this week, it isn't always enough.  Look for well-lit roads and parking lots, video camera surveillance, and security personnel patrolling the area.  Ask prospective landlords about crime rates on their property and in the area and research those rates yourself to confirm.  While nothing can guarantee your safety, taking adequate prevention measures can help ensure that you're as safe as possible.

Henry County Boy Found Dead in Sludge Tank

A 5 year old Henry County boy was tragically found dead in a sludge tank in a small water sewage treatment plant.  Alexis Rivera disappeared sometime around 6:30 p.m. Monday evening.  A frantic search by neighbors, family, and police ensured.  Rivera's bike was found roughly 120 feet from the locked wooden gate surrounding the plant.  A second chain link fences lies inside the wooden barrier and is topped with barbed wire.  There are holes and gaps in both of these barriers that make it accessible.

Captain Jason Bolton of the Henry County Police Department theorized that the sound of water may have lured the young boy onto the premises.  He thinks the boy may have mistook the sludge for mud covering the tops of tanks.  The manager of Rivera's Poole's Manor mobile home complex Steven Haywood reported that there had never been a problem with children in Rivera's neighborhood attempting to get into the plant in the past.  It is unclear what precisely lured young Rivera to the facility, and ultimately his tragic death. 

An autopsy revealed that the cause of death was drowning.  No foul play is suspected according to the Henry County Police Department.  Neighbors are planning a vigil for 7 p.m. this Thursday evening.  Neighbor Bonita Crews plans to meet with Haywood to begin an after-school program.

The sludge tank could likely be described as an "attractive nuisance," requiring the owners of the property on which it is located to take extra precautions to prevent the type of accident that occurred here.  Younger children cannot be expected to appreciate the danger which may exist, even if they are enclosed as this tank was.  The owner of the property, once erecting the fences, has a duty to ensure that they're kept up adequately and must fix any holes he discovers.  Here, though, the owner is likely to be a division or agent of Henry County.  Generally, cities and counties are protected from lawsuits for injuries such as those suffered by Rivera by the "sovereign immunity" rule.  The rule may not be a complete bar, however, and each case is different.  Depending on the nature of the ownership of the facility, some legal recourse may be available for Rivera's family.

Shooting Victims May Have Negligent Security Case

Two separate shooting incidents in Atlanta yesterday may give rise to negligent security cases.  In Clayton County, Brandon Norwood of Jonesboro was charged with two counts of murder and aggravated assault after the January 18, 2009 shooting death of Vandit Patel and Jimmy Prak.  Two others, Superiore Allen and Santonio Lucas have also been arrested for these murders.  Patel and Prak were near their car in the Tara Court Apartment when the suspects began arguing with them.  As Patel and Prak attempted to leave the scene, the suspects chased them and began shooting.  The crime appears to be drug related. 

On Thursday a Lawrenceville woman was shot during a carjacking at a Gwinnett County gas station.  She was pumping gas at the QuiKTrip at 3747 Lawrenceville Highway when an unidentified attacker approached and demanded her vehicle.  After a brief scuffle, the suspect shot her and drove away in her 2007 Ford Escape.  The victim was taken to an area hospital and sustained what do not appear to be life threatening injuries.  The Gwinnett County Police are still searching for the vehicle with license plate 854 XDL.  Anyone with information is asked to call the Investigative Division at 770-513-5300.


Landlords, property management companies, and other property owners have a duty to keep their property free from dangers and keep criminal activity from occuring.  Security measures such as proper lighting, working locks and alarm systems, security personnel and a locked security gate are examples of common precautions.  If owners do not take steps such as these, they could be liable for injuries or wrongful death sustained on their property.  If you or a family member have been injured as a result of negligent security measures taken by a property owner, please contact us using the box provided above for a free consultation.  Our firm can explain your rights and ensure that you receive the fair compensation to which you are entitled.