Attorney Blog

I-575 Crash Kills One

blog@www.kaufmanlaw.net (Blog Author)35875 — Tue, 27 Jul 2010 08:00:00 EST

After a pickup truck crossed the I-575 median in Cobb County and hit two vehicles head on Sunday night, the woman driving the truck was pronounced dead at the scene. Three others, including the passenger of the pickup truck, were injured in the wreck. Northbound lanes of 575 were closed for several hours during an investigation. Traffic was re-routed to I-75 and using the Chastain Road exit ramp to return to I-575 Northbound. If you or a loved one has been injured due to the negligence of another, please contact our office for a free consultation 24/7 at 888-973-2540 (888-WRECK-404).

Motorcycle Crash Kills Jonesboro Man

blog@www.kaufmanlaw.net (Blog Author)35138 — Wed, 14 Jul 2010 08:00:00 EST

32 year old Albert Davis of Jonesboro, Georgia was killed early Sunday after a collision between his motorcycle and a SUV. The SUV apparently pulled in front of the motorcycilst on Old National Highway near Jolly Road in Fulton County. Mr. Davis was taken to Grady Memorial Hospital where he was pronounced dead, according to Fulton County Police Corporal Kay Lester. The motorcycle was apparentlyl listed as stolen out of Delaware and the owner at the time of the collision was undetermined. The status of the vehicle as stolen may change the availability of insurance as many policies exclude coverge for stolen vehicles. If you or a loved one has been injured due to the negligence of another, call Kaufman Law 24 hours a day at 888-973-2540 (888-WRECK-404) for a free consultation.

Crash May Have Been Caused by Accelerator Pedal Malfunction

blog@www.kaufmanlaw.net (Blog Author)35076 — Tue, 13 Jul 2010 08:00:00 EST

On Sunday, a man and woman were injured when their vehicle crashed into a Sonic restaurant on Grayson Highway in Lawrenceville, Georgia in Gwinnett County. Gwinnet County Fire and Emergency Services Captain Tommy Rutledge said the vehicle was embedded almost three feet inside the building after the collision. A malfunctioning accelerator pedal apparently caused the vehicle to lurch forward uncontrollably. The make and model of the vehicle were not available, nor has the vehicle been examined. If you or a loved one has been injured due to the negligence of another or a product defect, please call Kaufman Law 24 hours a day at 888-973-2540 (888-WRECK-404) for a free consultation.

Grady Ambulance Stolen, Then Wrecked

blog@www.kaufmanlaw.net (Blog Author)34780 — Thu, 08 Jul 2010 08:00:00 EST

A Grady Memorial Ambulance was stolen late Wednesday night, reports the AJC. It was soon discovered in a ditch alongside Thomasville Avenue in southeast Atlanta. According to Atlanta Police, paramedics had responded to a call at an Atlanta area apartment complex, leaving the engine running to investigate the scene, when the ambulance was stolen.
It appears no one was injured in the collision, but the drivers have not yet been identified or located. If you or a loved one has been injured as a result of the negligence of another, please call Kaufman Law 24 hours a day at 888-973-2540 (888-WRECK-404) for a free initial consultation.

Two New Traffic Laws In Effect Today

blog@www.kaufmanlaw.net (Blog Author)34451 — Thu, 01 Jul 2010 08:00:00 EST

Beginning today, two new traffic laws go into effect. Drivers should be certaint o carry extra change if they're travelling on GA 400 through the toll plaza. As of today, drivers who cannot pay the toll, will be slapped with a fine rather than simply a ticket for the $0.50 toll. Additionally, new bans on cell phone use while driving go into effect today. These laws prevent drivers under 18 for using a cell phone for any purpose while driving. Drivers over the age of 18 are only prevented from texting while driving. Police agencies will begin a public education campaign today and will issue warnings to drivers breaking this new law during the month of July. After this month-long campaign, citations and fines will be issued.

Two Seconds Can SaveYour Teen's Life

blog@www.kaufmanlaw.net (Blog Author)33735 — Fri, 18 Jun 2010 08:00:00 EST

Two seconds are all it takes to create a safety state of mind, according to AJC guest columnist Tom Hazlett. His first wife was killed in a car accident and his young son, who was unbuckled, suffered severe brain trauma when he was thrown from the vehicle. Hazlett's article explores the importance of consistently wearing seatbelts. Seatbelts keep the driver and passengers in the correct position to be protected by the vehicle's airbags. Airbags and seatbelts need to be used together for maximum safety of the occupants. Victims of a collision are much safer when they remain inside the vehicle. Ejection or being tossed around during a collision greatly increases the likelihood of death or serious injury. Unbuckled passengers can become missiles within a vehicle during a collision, injuring even the buckled passengers severely. According to Teens in the Driver Seat, a safety group, more than 6,000 teens die in car crashes each year. The National Highway Traffic Safety Administration's data shows that 4,497 teens ages 16 through 20 have been killed in car wrecks since 2008. These sobering statistics remind us to remind our teen drivers - as well as ourselves - to spend the extra two seconds necessary to save our lives or prevent serious injury every time we get into a car. If you or a loved one has been injured as a result of the negligence of another driver, please call our office 24 hours a day for a free consultation at 888-973-2540 (888-WRECK-404).

Recent Decision Tolls Statute for Fraudulent Conduct

blog@www.kaufmanlaw.net (Blog Author)33045 — Tue, 08 Jun 2010 08:00:00 EST

The recent Fulton County State Court decision in Wilson v. Obstetrics & Gynecology of Atlanta, PC held that fraud on the part of a medical provider may toll the statute of limitations for filing a medical malpractice claim on behalf of a minor. In Georgia, a medical malpractice claim on behalf of a minor must usually be filed within five years from the date the alleged malpractice occurred. Additionally, a minor who is at least five years old at the time the negligent act occurred only has two years to file a claim. Unlike in other areas of law, minors who are victims of malpractice are not given up to their age of majority to file a claim. This recent decision may give families more time to file a claim when fraudulent acts by the medical provider conceal the negligent act or its consequences. If you or a loved one was injured as a result of negligence of malpractice by a medical provider, please contact our office for a free consultation 24 hours a day at 888-973-2540 (888-WRECK-404).

Recent Decision Tolls Statute for Fraudulent Conduct

blog@www.kaufmanlaw.net (Blog Author)33046 — Tue, 08 Jun 2010 08:00:00 EST

Healthcare Finance News Shows Medical Malpractice Payments Continue to Fall

blog@www.kaufmanlaw.net (Blog Author)32851 — Fri, 04 Jun 2010 08:00:00 EST

Analysis: Medical malpractice payments continue to fall

March 10, 2010 | Chelsey Ledue, Associate Editor, Healthcare Finance News

http://www.healthcarefinancenews.com/news/analysis-medical-malpractice-payments-continue-fall

WASHINGTON – Fewer medical malpractice payments were made on behalf of doctors in 2009 than any year on record, according to the National Practitioner Data Bank.

This finding contradicts claims that medical malpractice litigation is to blame for rising healthcare costs and that changing the liability system to the detriment of patients will not curb costs.

The value of malpractice payments was also the lowest since 1999. Adjusted for inflation, payments were at their lowest since 1992, a Public Citizen analysis of the NPDB shows.

According to the analysis, healthcare spending rose 83 percent from 2000-09, while medical malpractice payments fell 8 percent (both figures are in unadjusted dollars.)

A total of 10,772 payments were made on behalf of doctors in 2009, totaling $3.49 billion. That figure equals 0.14 of 1 percent of the Centers for Medicare and Medicaid Services’ estimated $2.5 trillion in overall U.S. healthcare spending for 2009.

Last year was the fifth consecutive year that the number of payments has fallen and the sixth straight year in which the value of payments has fallen, according to the analysis. In contrast, U.S. healthcare costs have increased every year since 1965, the first year the data was recorded.

Studies have found that injuries and deaths caused by medical errors dwarf the number of actual medical malpractice payments. For example, the Institute of Medicine found in 1999 that 44,000 to 98,000 people die every year due to avoidable errors.

Proposals to set up alternative “health courts” that theoretically would compensate a greater percentage of patients in a less adversarial setting are misguided, according to Public Citizen, which said such a system would cost several times as much as the status quo if administered fairly. The only way to save money would be to impose draconian limits on compensation, according to Public Citizen.

“Litigation accounts for a miniscule fraction of health costs, small enough to be a rounding error,” said David Arkush, director of the Public Citizen’s Congress Watch division. “It is ridiculous that certain members of Congress continue to obsess about this greatly exaggerated problem. They should know better, and they should focus instead on fixing real problems like the crisis of preventable medical errors.”

Seat Belt Crackdown Begins

blog@www.kaufmanlaw.net (Blog Author)32266 — Wed, 26 May 2010 08:00:00 EST

Georgia's seat belt crackdown recently began. Georgia Police Agencies began their annual Click It or Ticket Campaign with road checks trhough June 6th. Those who aren't wearing seatbelts will be ticketed and subject to a $15.00 fine for the first offense. A $25 fine will be assessed for child passengers who are improperly restrained. This campaign leads up to a new state law scheduled to take effect in July which will require the use of seat belts in pickup trucks. These vehicles were previously exempt from the seat belt laws. Trucks still used for farming will remain exempt under the new law.

Gubernatorial Candidate Injured in Crash

blog@www.kaufmanlaw.net (Blog Author)32103 — Mon, 24 May 2010 08:00:00 EST

Carl Camon, a candidate for governor, was injured in a motor vehicle collision Monday night. He and his wife were hospitalized in Soth Georgia as a result. Camon, who is the mayor of Ray City, was rear-ended on Ga. 125 in Nashville on Monday afternoon according to reports on the Albany TV Station WALB. Fortunately, they're being treated for injuries not deemed life-threatening at South Georgia Medical Center in Valdosta, Georgia. If you or a family member has been injured as a result of the negligence of another, please call our office for a free consultation 24 hours a day at 888-973-2450 (888-WRECK-404).

Young Driver Kills Self and Brother in Troup County Crash

blog@www.kaufmanlaw.net (Blog Author)32004 — Fri, 21 May 2010 08:00:00 EST

Christopher Truitt, driving on a suspended learner's permit, drove off the road on Thursday while trying to pass another car. His younger brother, just 17 years old, died while being transported to a nearby hospital. A 17 year old backseat passenger was taken to West Georgia Medical Center. Both passengers were students at Callaway High School, where the younger Truitt played on the varsity football team. The family of the survivor will likely seek legal counsel regarding their rights in this situation. If you or a family member have been injured by the negligence of another, please call our office 24 hours a day at 888-973-2540 (888-WRECK-404) for a free initial consultation.

Joe Kirby: Those pushing med-mal tort reform as key to undoing ObamaCare are praying to wrong 'God'

blog@www.kaufmanlaw.net (Blog Author)31290 — Mon, 10 May 2010 08:00:00 EST

Joe Kirby is Editorial Page Editor of the Marietta Daily Journal and co-author of the new "Then & Now: Marietta Revisited."

Conservatives around the country hoping to overturn ObamaCare after its passage last week are praying for a political "miracle cure." And this foe of ObamaCare hopes they find it.

But here's a warning: Tort reformers (or tort "deformers" as some have taken to calling them) are praying to the wrong "god." That is, they have made a big mistake, and seem poised to continue making it - that of putting the supposed need for medical malpractice reform at the center of any reform agenda. But it's not an issue that resonates with much of the public. And even more telling, the Georgia Supreme Court gave tort reform efforts the back of its hand last week, ruling that any cap on a jury's award of damages violates the Georgia Constitution.

The Republican-controlled state Legislature in 2005 put an arbitrary $350,000 limit on jury awards for pain and suffering (not to be confused with awards for economic damage). So no matter how catastrophic the injuries inflicted by a doctor or other health care provider's maltreatment - whether they cost you a hand, an arm, a leg, your ability to have sex, or, in the case of a Fulton County infant who was mangled by his doctor during his circumcision, cost you a third of your penis as a result - you could be awarded no more than $350,000 to "compensate" you for having to spend the rest of your life in a less-than-whole state. That was also the most that could effectively be awarded to those with no earning power directly at stake, such as an infant or child, a retiree or a stay-at-home spouse.

(Recall how many times we've heard those on the right decry the need for more stay-at-home moms. Yet tort reformers are solidly behind caps on jury awards that essentially mean those mothers' work has almost no economic value. How hypocritical.)

That brings us to the plaintiff in last week's case, Betty Nestlehutt, 75, a Realtor who now lives in Marietta. Her doctor negligently shut off almost all of the flow of blood to the skin of her face during minor plastic surgery. Gaping holes began opening across her face within weeks as a result as the skin died and fell off, leaving her with deeply disfiguring scars.

But tort reformers turned a blind eye to such cases. "Tort Reform" was needed to keep down medical insurance premiums and prevent doctors from "fleeing the profession" for fear of being sued by award-hungry plaintiffs, they argued.

Yet Mrs. Nestlehutt's attorneys stated that the state's doctors have seen no more than a 7 percent reduction in their premiums since the law took effect in 2005 - and that MAG Mutual, which insures virtually all Georgia doctors, had reported a quadrupling of its net income. Meanwhile, the number of doctors in Georgia keeps growing - and probably not because we had such caps in place, but because of the same reasons that the ranks of most other professions in the metro area continue to grow.

The jury in Mrs. Nestlehutt's case awarded her $900,000 for pain and suffering. The state court trial judge ruled that the cap violated the Georgia Constitution and entered a judgment for the full amount of the jury's verdict. The state court trial judge recognized that the cap was unconstitutional. The defendants appealed, arguing through their lawyers, that the cap was constitutional. To its immense credit, the Georgia Supreme Court unanimously agreed with the trial court judge and ruled that the cap was unconstitutional.

Wrote Chief Justice Carol W. Hunstein for the unanimous court, "The very existence of the caps, in any amount, is violative of the right to the trial by jury."

Put another way, the jury caps were a form of jury tampering by the Legislature that effectively resulted in the courts ignoring the evidence presented in a trial.

The court also noted that medical negligence claims were accepted as part of English common law all the way back to 1374 and as part of American law as far back as at least 1794, and were thus encompassed in the right to a jury trial under the Georgia Constitution.

(In an interesting aside, that 1374 case involved the treatment of a wounded hand by a surgeon named J. Mort - the Middle English word for "death." Not the most appealing name for a doctor. )

Also striking in the Court's ruling was all of its seven members (including Justice Harris Hines of Marietta) sided against the caps, including the two appointees (Justices Harold Melton and David Nahmias) of Gov. Sonny Perdue, a big supporter of med-mal tort reform and the caps.

So where do we go from here? Some tort reformers in the Legislature are already trying to figure out how to resurrect the caps. They should stop wasting their time and stop acting as the errand boys for Big Insurance and the doctors' lobby.

It's a big of an oversimplification, but such caps help Big Business and hurt The Little Guy. It's tone-deaf politics and lousy public policy, and it gives tort reformers the appearance of condoning sloppy doctoring.

Is that really what they believe in?

Sadly, I suspect that ObamaCare is here for the long haul. But if tort reformers ever hope to come up with a winning argument for overturning it, they'd do better to forget all about "tort reform" and jury award caps.

Joe Kirby is Editorial Page Editor of the Marietta Daily Journal and co-author of the new "Then & Now: Marietta Revisited."

Georgia Court Allows Lawsuit Winner to Recover Attorney Fees from Other Side

blog@www.kaufmanlaw.net (Blog Author)30707 — Wed, 28 Apr 2010 08:00:00 EST

A salon owner who sued an ex-Falcon for defamation was ordered to pay $50,000 in legal fees after she lost her case. Under the "offer of judgment" provision of Georgia's 2005 tort reform law, if a defendant makes a settlement offer and the plaintiff rejects it but ends up losing their case, the defendant is entitled to have all his legal fees paid by the plaintiff. The defendant would also be entitled to legal fees if the plaintiff wins but receives less than 75% of the settlement offer. The original trial judge held this provision unconstitutional, arguing that it impedes access to the judicial system as it unnecessarily discourages plaintiffs from bringing rightful suits. However, the Georgia Supreme Court overturned that decision, holding the state constitution does not guarantee such access to our state's courts. The bill's advocates cite an increased incentive to settle cases and reduce the backlog of litigation in the busy court system. Chris Clark, a Macon attorney, argues the bill instead acts as an unfair impediment to individual citizens who might decide not to pursue a meritorius case and risk a big bill forthe other side in the end. This provision unfairly impacts individuals and small businesses, who don't have the same resources and cannot accept the same risks as larger corporations. Most attorneys agree this measure does little to reduce the number of frivolous lawsuits. Instead, it is merely designed to eliminate the "dice-rolling" aspect in litigated disputes. If you or a loved one has been injured as a result of the negligence of another, please call our office 24 hours a day, 7 days a week at 888-973-2540 for a free initial consultation.

Piedmont Opens New Surgery Center in Atlanta

blog@www.kaufmanlaw.net (Blog Author)30220 — Tue, 20 Apr 2010 08:00:00 EST

Those seeking medical attention have a new option in Atlanta. The new Piedmont Surgery Center is now open at Piedmont West Medical Office Park on Howell Mill Road near Interstate 75. This 15,600 square foot facility will provide a range of surgical treatments related to orthopaedic, gynecological, urological and plastic surgery treatments. The facility will expand the outpatient surgery options currently available at Piedmont Hospital's McDonnell Surgery Center on the main Piedmont Hospital campus. The facility contains four operating rooms, two procedure rooms and seventeen preoperative suites.

52 Year Old Woman Dead After Cherokee County Car Wreck

blog@www.kaufmanlaw.net (Blog Author)29907 — Tue, 13 Apr 2010 08:00:00 EST

A 52 year old woman died in a one car wreck in Cherokee County, north of Atlanta, on Thursday. The woman, from Bartow County, was traveling Westbound on Georgia 108 when her vehicle left the road. Apparently, the vehicle went airborne over a creek before landing. The vehicle may also have hit a tree. Lanes in both directions were shut down as Cherokee County officials investigated the scene. Weather may have played a role in the wreck. f you or a loved one has been injured in a car wreck, please contact our office at 888-WRECK-404 24 hours a day for a free consultation.

Injured Workers Suffer After Insurance Bankruptcy

blog@www.kaufmanlaw.net (Blog Author)29186 — Tue, 30 Mar 2010 08:00:00 EST

After SEUS, a company providing workers compensation insurance, declared bankruptcy last fall, many Georgian injured workers were left without payments for their medical treatment and lost wages. State legislator Carl Rogers has introduced a bill that would force insurance companies to pick up the tab for these workers left with nothing. The bill faces fierce opposition from insurance companies who argue the bill is too expensive to enact.

Video Catches Jonesboro Road Hit and Run

blog@www.kaufmanlaw.net (Blog Author)28705 — Mon, 22 Mar 2010 08:00:00 EST

In Forest Park on Friday, a pedestrian crossing Jonesboro Road was hit by a car. The driver briefly exited the car to apologize, before driving off again.; The drivver, a white female in her late 20s or early 30s and approximately 5 feet 5 inches tal,l was wearing thick glasses. She was driving a black Jeep Grand Cherokee with a chrome step bar and tinted rear passenger seats. The incident was caught on video from the dashboard cam of a nearby Forest Park Police Officer's vehicle. The officer witnesses the accident, then stopped to help the injured pedestrian. The Henry Daily Herald has asked that any one else with knowledge about the event contact the Forest Park Police Department. If you or a loved one have been injured as a result of the negligence of another, please contact our office at 888-973-2540 (999-WRECK-404) for a free consultation 24 hours a day.

Fox Business News Network Discusses Avandia Risks

blog@www.kaufmanlaw.net (Blog Author)28491 — Wed, 17 Mar 2010 08:00:00 EST

Why Caps on Damages Harm Victims

blog@www.kaufmanlaw.net (Blog Author)28494 — Wed, 17 Mar 2010 08:00:00 EST

WE THE PEOPLE from Georgia Justice on Vimeo.

Wrong Way Driver Causes Collision on I-20

blog@www.kaufmanlaw.net (Blog Author)28214 — Mon, 15 Mar 2010 08:00:00 EST

A wrong way driver caused a deadly collision on Interstate-20 near Atlanta on Saturday. The head-on collision occurred near Six Flags over Georgia. The 71 year old driver had traveled eastbound in the westbound lanes of I-20 for at least a mile before colliding with a Marine Lance Corporal and his wife. Marine Lance Cp. Gregory M. Suedmeyer, 21 years old, died approximately 2 hours later at Grady Memorial Hospital. His wife remains hospitalized at Atlanta Medical Center in critical, but stable, condition. The elderly driver, from Villa Rica, also remains hospitalized in critical condition at Grady Memorial Hospital. It is unclear why the driver was headed the wrong direction at the time of the collision. Charges are pending against the elderly driver and police continue to investigate the accident. Determining why the driver was headed the wrong way will be important and will affect whether the insurer for the responsible driver will be liable for the accident. It is expected that the families involved will seek legal representation. If you or a loved one has been injured due to the negligence of another, please contact our office at 888-973-2540 (888-WRECK-404) for a free consultation 24 hours a day.

Federal Government Bans Texting for Commercial Drivers

blog@www.kaufmanlaw.net (Blog Author)27995 — Wed, 10 Mar 2010 08:00:00 EST

The federal government banned texting for commercial drivers. Violators of the ban will be subject to penalties as high ast $2,750. These regulations,Transportation Secretary Ray LaHood says, will help prevent unsafe driving and hopefully more than 5,800 deaths a year. The Transportation Department cited resesarch showing that drivers take their eyes of the road for an average of 4.6 seconds for every 6 seconds they send or receive texts while driving. This ban does not apply to in-cab computers used by companies like FedEx and UPS. Most of the companies affected by the ban fully support it. A spokesperson for UPS states the company "is known for its committment to safe driving." If you or a loved one has been injured by the negligence of another please call our office 24 hours a day at 888-973-2540 (888-WRECK-404) for an initial consultation.

Yellow Lights Dangerously Shortened for City Profit

blog@www.kaufmanlaw.net (Blog Author)27931 — Tue, 09 Mar 2010 08:00:00 EST

Faced with increasing budget shortfalls, cities have turned to the increasingly popular red light camera. The executive director of the National Motorists Association recently told AlterNe that "there is little doubt that the desire for ticket revenue trumps safety concerns." Recently, Governor Arnold Schwarzenegger noted the expected additional annual revenue of $338 million with his proposal to add 500 speed sensors to existing red light cameras. Safety, however, wasn't mentioned. In fact, repeated studies show that these red light cameras are not effective at reducing collisions at intersections. They are, however, highly effective at increasing revenue. Some cities have even admitted to shortening the length of yellow lights in an attempt to generate additional citations. Biller, director of the National Motorists Association, notes that even an increase of only one second can reduce the frequency of red-light running by at least 50 percent. By shortening the yellow lights, cities are actually creating more accidents. If you or a loved one has been injured as a result of the negligence of another, please call our office 24 hours a day at 888-973-2540 (888-WRECK-404) for an initial consultation.

Flying Tire Kills Woman on I-285 in DeKalb County

blog@www.kaufmanlaw.net (Blog Author)27895 — Mon, 08 Mar 2010 08:00:00 EST

After woman was killed after a major vehicle collision in DeKalb County on Interstate 285 west of Bouldercrest Road on Thursday near Atlanta Georgia. The rear left tire of a Georgia State University van came off, crossed the median wall and struck the vehicle being driven by a 56 year old Virginia woman. It is unclear what caused the tire to come off the van. The interstate in that area north of Atlanta was shut down entirely as police agencies from DeKalb County continued their investigation. Additional facts are necessary to determine what liability Georgia State University and the driver ofthe van may bear for the death of the woman. If you or a loved one has been injured due to the negligence of another, please contact our office 24 hours a day at 888-973-2540 (888-WRECK-404) for an initial consultation.

Avandia Linked to Heart Failure

blog@www.kaufmanlaw.net (Blog Author)27587 — Tue, 02 Mar 2010 08:00:00 EST

The diabetes drug Avandia has recently been linked to episodes of heart attacks and heart failure in its users. The New York Times received reports suggesting that Avandia, known as rosiglitazone, was linked to at least 304 deaths during the third quarter of 2009. "Rosiglitazone should be removed from the market," stated Dr. David Graham of the Food and Drug Administration in the article. A recent investigation by the U.S. Senate found that GlaxoSmithKline, the manufacturer of Avandia, should have warned patients of the drug's potential risks. Instead, Senators Max Baucus and Charles Grassley contend that GlaxoSmithKline executives attempted to intimidate physicians and minimize reports that Avandia increased cardiovascular risks. GlaxoSmithKline, however, insists it condones scientific debate, but concedes the situation "could have been handled differently." Those taking the drug should consult their personal physician if they have concerns. If you or a loved one has suffered a serious cardiovascular event as a result of taking Avandia, you should consider consulting an attorney to discuss your legal rights. Our staff is available 24 hours a day at 888-973-2540 (888-WRECK-404) for a free consultation.

DeKalb Man Killed in Shootout at Apartment

blog@www.kaufmanlaw.net (Blog Author)26508 — Wed, 10 Feb 2010 08:00:00 EST

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.

Cobra Coverage Extended for Unemployed

blog@www.kaufmanlaw.net (Blog Author)26210 — Fri, 05 Feb 2010 08:00:00 EST

President Obama's 2011 budget contains a proposal to subsidize 65% of the COBRA premiums paid by workers who lose their jobs between March 1 and the end of 2010. These employees are eligible to continue their health care coverage under the federal law known as COBRA. The subsidy would continue for 12 months and extend the popular program under which those who were laid off between September 2008 and February 2010 get a 65% break on their COBRA premiums for up to 15 months. The federal government currently reimburses health plans for that 65%. The proposal only covers those workers who are ineligible for other health care plans, through a spouse's employer or Medicare for example. The subsidy also phases out for individuals earning in excess of $125,000 and families earning more than $250,000. This proposal would enable more individuals and families to seek out the health care they need for accidents, injuries or illnesses, regardless of the current employment status of a family breadwinner. Because many people cannot afford or chose not to purchase Medical Payments Coverage through their auto insurer, unfortunately many accident victims are left with injuries they cannot afford to treat and repair. Insurance companies use this to their advantage, basing settlement offers on the small amount of medical care a victim received before being shut out from the health care system due to an inability to pay.

Oprah's Cell Phone Pledge

blog@www.kaufmanlaw.net (Blog Author)26154 — Thu, 04 Feb 2010 08:00:00 EST

Oprah is asking viewers to sign a "No Phone Zone" pledge. She asks us all to pledge that our cars will become a "No Phone Zone" and we will not be one of the thousands of distracted drivers on the road causing accidents each day. Over 100,000 people have already signed. Do your part to cut down on unsafe distracted driving and click the link to sign the pledge today.

.hmmessage P { PADDING-BOTTOM: 0px; MARGIN: 0px; PADDING-LEFT: 0px; PADDING-RIGHT: 0px; PADDING-TOP: 0px } BODY.hmmessage { FONT-FAMILY: Verdana; FONT-SIZE: 10pt } http://www.oprah.com/questionaire/ipledge.html?id=4

Passenger Ejected From Pick-Up Truck After 1-285 Collision

blog@www.kaufmanlaw.net (Blog Author)25696 — Tue, 26 Jan 2010 08:00:00 EST

A passenger riding in the bed of a pick-up truck was ejected onto Interstate 285 in Sandy Springs, near Atlanta, Georgia on Monday afternoon around 2:30 p.m. The pick-up truck was involved in a collision with a Mercedes, according to the Sandy Springs Police. Three lanes were closed near Northside Drive for two hours as officials investigated the wreck. The man was ejected after the pick-up truck rolled following the impact between the two vehicles. He was rushed to Atlanta Medical Center and treated for his injuries. Three other passengers were treated for minor injuries; it appears the driver of the Mercedes was not injured. Early reports did not suggest which driver was liable for the collision, but there will likely be several available insurance policies for the injured passengers to collect from. It is expected that an Atlanta Area Accident Attorney will be contacted. If you or a loved one has been injured as a result of the negligence of another, please contact our office at (888) 973-2540 (888-WRECK-404) 24 hours a day to schedule a free initial consultation.

DeKalb Teen Killed in Wreck

blog@www.kaufmanlaw.net (Blog Author)25418 — Thu, 21 Jan 2010 08:00:00 EST

A 14 year old Stone Mountain High School student was killed in a car wreck in DeKalb County near Atlanta on Wednesday. Three students were walking along Central Avenue when a 17 year old driver lost control of his vehicle and drove onto the sidewalk, striking the three students. Tanesha Williams died later at Grady Memorial Hospital in Atlanta from injuries she sustained. A witness claimed the car was involved in a collision with another vehicle before running up on the sidewalk. As DeKalb County police continue to investigate, it is likely that one or both drivers will be found liable for the injuries caused to the two teenagers and the death of Ms. Williams. Family members will likely consult an Atlanta area personal injury attorney or lawyer for information. If you or a family member has been injured by the negligence of another, please contact our office 24 hours a day at (888) 973-25400 (888-WRECK-404) for a free initial consultation.

Two Wrecks Delay Traffic in Clayton County

blog@www.kaufmanlaw.net (Blog Author)25163 — Mon, 18 Jan 2010 08:00:00 EST

Two separate car accidents near Atlanta, Georgia, slowed traffic on Thursday morning. At about 4:30 a.m. near Forest Parkway and Tara Boulevard, a pikcup truck hit a guard rail and the right rear side of a tractor-trailer semi. After flipping over, both occupants of the pickup truck were ejected and one was killed. The other was airlifted to Grady Memorial Hospital in Atlanta. Clayton County Police believe speed and alcohol may be contributing factors.

At about the same time in South Fulton County, a tanker truck overturned and caught fire on Fulton Industrial Boulevard. All lanes of Fulton Industrial Boulevard were shut down in both directions as the Department of Transportation worked to clear the fire and large fuel spill. It is unclear what caused the tanker to overturn, but driver error may be involved. Fortunately, it appears no other vehicles were involved in that second incident. If you or a family member has been injured due to the negligence of another, please call our office 24 hours a day at 888-973-2540 (888-WRECK-404) for a free consultation.

In Georgia, Middle Ground for Victims of Medical Wrongdoing?

blog@www.kaufmanlaw.net (Blog Author)24986 — Wed, 13 Jan 2010 08:00:00 EST

from: www.georgiajustice.blogspot.com/

How many hoops should you have to jump through to get justice? It's a fair question that many people struggle with. Yesterday, the CEO of a Georgia medical services company suggested - in an opinion piece submitted to a GA newspaper - that to be sure that Georgians who have been harmed by negligent medical care are worthy of justice we should subject them to one more hoop. Not coincidentally, it's a hoop that benefits only medical professionals and insurance companies – the only two interest groups that profit when injured patients are prevented from securing justice.

What the author of the opinion has proposed is that, instead of allowing victims of medical malpractice the same Constitutional Right to Trial by Jury enjoyed by all other Georgians, people harmed by medical wrongdoing/malpractice would have to get permission to have a jury trial from a “screening panel” comprised of members of the medical and insurance industries, the same industries that want to avoid compensating injured patients. This approach is wrong and adds an unnecessary, ineffective layer to our civil justice system.

The fact is all medical malpractice cases brought in Georgia have already been through multiple screening hoops. The first hoop is that you have to have had something very bad happen as a result of malpractice. Your next hoop is that you have to find a lawyer willing and able to take your case. That lawyer will tell you that there is another, special hoop that protects only professionals charged with negligence. In order to pass through that hoop, the patient must find a medical professional willing to publicly criticize their colleague and sign a document swearing that malpractice happened. So far your case has been screened three times: Something bad happens. You find a lawyer who will invest in helping you find justice. And, you find another doctor who agrees that there was malpractice and is willing to say so. Then there’s a fourth screening before you can have a jury hear your case: the judge must screen the case, too.

Our Founding Fathers created the world's best independent screening panels when they imbedded the right to a trial by jury in our Constitution. You are entitled to a jury of your peers, not a two step process, the first of which is a trial by jury of the defendant's colleagues. We trust the people of our communities to fairly resolve our disputes when we are unable to resolve them ourselves.

The CEO cites an approach tried in Maine as being the right fit for us here in Georgia. He fails to mention that this approach is regularly criticized by the Supreme Court of Maine as being inadequate and harmful to the people of Maine. He cites, as a reason for needing “screening panels,” a Georgia case involving a plastic surgeon who carelessly destroyed the blood supply to a woman’s face and left her horribly disfigured. He suggests that this woman – who was horribly injured through no fault of her own and who successfully navigated all of the legal hurdles to hold the wrongdoer accountable for herself and other patients – has not done enough. He says she needs to clear yet another hurdle to prove herself worthy of a jury trial. The suggestion is outrageous and it serves no purpose but to deny those who have been harmed their fair measure of justice.

Why should patients who have been harmed by medical malpractice have to go through two trials when everyone else only has to go through one? Why should medical professionals get special treatment? It's a question with an obvious answer: They shouldn't.

Transportation Secretary Says Driving While Texting Kills

blog@www.kaufmanlaw.net (Blog Author)24550 — Wed, 06 Jan 2010 08:00:00 EST

Ray LaHood, the U.S. Secretary of Transportation, recently wrote a guest column in the Atlanta Journal Constitution detailing the terrifying statistics on texting while driving. According to the National Highway Traffic Safety Administration, nearly 6,000 people died last year in crashes involving a distracted driver. Yet, two-thirds of drivers surveyed admitted they talk or text while driving. 21 percent admitted to actually reading email while driving. John Lee of the Center for Human Performance and Risk Analysis says texting is the "perfect storm" of driver distraction because drivers take their hands off the wheel, their eyes off the road and their minds of the task of driving. In fact, President Obama quickly banned texting while driving by federal employees on official business. Secretary LaHood reminds us all to thank those important to us for keeping their phones in their pockets and their attention on the road.

Many of the cases that Kaufman Law handles result from distracted defendant drivers. We have observed that injuries and death caused by rear end collisions and lane violations have increased greatly. In addition to greater numbers of wrecks resulting from texting while driving we are seeing substantially more serious injuries and deaths occur much more often. These type of wrecks often result in rear end collisions from a vehicle travelling at expressway speeds hitting vehicles that are stopped in traffic. When these wrecks involve distracted semi tractor trailer drivers the consequence is almost always catastrophic injury or death. Juries often are enraged that a careless texter could cause injury sufficient to change a victim's life in moments. It often further inflames them when Insurance Defense Lawyers distract them from the business of applying justice. If our jury awards and settlements are small then the taxpayer eventually ends up paying for the expensive needs of an person injured by a distracted driver's use of a cell phone. If you know someone injured by a distracted driver call Kaufman Law,PC at 888-973-2540 (888-WRECK-404) 24 hours a day for help.

Jurors Banned From Tweeting

blog@www.kaufmanlaw.net (Blog Author)24136 — Tue, 29 Dec 2009 08:00:00 EST

In Michigan, trial judges are now required to ban jurors from using cell phones and other electronic devices while serving on a jury or deliberating. This move comes after a judge was forced to declare a mistrial after a juror reportedly researched the case using Google. Some experts think there is more here than simply an addiction to technology. They suggest that our distrust in the legal system may lead jurors to attempt to investigate the "real story" on the internet, rather than simply accepting what's presented in the courtroom. This tendency towards technology is also changing the way lawyers present their case. Jurors are no longer used to simply sitting and listening for information. Instead they want to see exhibits and charts graphically presenting the information.

The full article is available here: http://www.time.com/time/nation/article/0,8599,1948971,00.html

Toddler Ran Over at Family Gathering

blog@www.kaufmanlaw.net (Blog Author)24158 — Tue, 29 Dec 2009 08:00:00 EST

A 2 year old girl died late Sunday after a family member backed over her when leaving the driveway in Cherokee County, just north of Atlanta. The girl was rushed to Wellstar Kennestone Hospital where she died as a result of her severe injuries. A Cherokee Sheriff's Office spokesman said further investigation was being conducted, but no charges had been filed as of yesterday. During this busy season of family gatherings, this accident reminds us to be vigilant around children. Young kids are unable to appreciate the danger cars pose and are prone to impulsive actions. At Kaufman Law, we wish you all a happy, healthy and safe holiday season. If you or a loved one have been injured as a result of the negligence of another, please call our office at 888-973-2540 (888-WRECK-404) 24 hours a day for a free initial consultation.

Radiation From CT Scans Linked to Cancer

blog@www.kaufmanlaw.net (Blog Author)23655 — Fri, 18 Dec 2009 08:00:00 EST

Two recent studies published in the Archives of Internal Medicine found radiation from CT Scan linked to cancer in patients decades after their initial exposure. CT Scans allow doctors to obtain a three-dimensional image of a particular organ or tissue. Measurements taken in four San Francisco hospitals found that the median recorded doses of radiation encountered by patients undergoing the scans were four times higher than the currently quoted radiation doses. For example, the study found that one CT coronary angiogram submitted the patient to the equivalent of 309 chest x-rays. The authors of the study found that one out of 270 patients who underwent that scan would develop cancer as a result of the high radiation exposure.

Generally, these cancers appear 20-30 years after the procedure. The research accorded a 50 % mortality rate to the scans, surmising that approximately 15,000 deaths would occur annually. The authors suggest that radiation protocols must be improved to eliminate the risk. The radiation patients are submitted to from CT Scans is far more than previously recognized, the authors warned.

These recently published studies have brought concerns about radiological testing to the forefront. Doctors and patients must assess these risks when determining the best course of treatment. If you are concerned about your exposure to potentially harmful levels of radiation as a result of CT scans, you are encouraged to contact your medical provider. Discussing your personal medical history will allow your physician to determine the next step. You may also wish to contact an attorney, particularly if you've been diagnosed with a serious illness or cancer related to radiation exposure. At Kaufman Law, we're available 24 hours a day for a free consultation. Please call our office at 888-973-2540 (888-WRECK-404) to discuss your legal rights.

High School Student Charged with Vehicular Homicide

blog@www.kaufmanlaw.net (Blog Author)23550 — Thu, 17 Dec 2009 08:00:00 EST

The Atlanta Journal-Constitution reported yesterday that a Sandy Creek High School student has been charged with second-degree vehicular homicide. The 16 year old girl was one her way to school in Fayetteville, a suburb of Atlanta, Georgia, when she lost control of her Corolla on Old Ford Road. She apparently collided with a stone mailbox. A backseat passenger, who was not wearing a seatbelt, died as a result of injuries he sustained during the collision. Two other passengers, who were wearing seatbelts, suffered only minor injuries. The young driver was also charged with driving too fast for conditions, failure to maintain a lane, and other minor traffic charges. Although the accident remains under investigation, no further charges are expected, according to a spokesman for the Fayette County Sheriff's Office said yesterday. The families of all students involved will likely contact an attorney to discuss their rights and obligations in this situtation. A personal injury attorney in the Atlanta area could help them pursue a claim for damages as a result of the injuries they sustained. If you or a loved one has been injured as a result of the negligence of another, please call our office now at 888-973-2540 (888-WRECK-404) for a free consultation. Our office is available is 24 hours a day to assist you.

East Atlanta Liquor Store Clerk Killed

blog@www.kaufmanlaw.net (Blog Author)23551 — Thu, 17 Dec 2009 08:00:00 EST

A clerk at an East Atlanta liquor store was killed during a robbery on Moreland Avenue. The Atlanta Police Department reported that just after 10 p.m. an armed robber entered Moreland Package Store and demanded money. The 21 year old clerk was shot several times and died at the scene. The owner of the store then exchanged fire with the gunman who fled on foot. Atlanta officers arrested a man about a block away on Mortimer Street in Atlanta, Georgia. The family of the young clerk may have a workers' compensation claim against the business, as well as a wrongful death claim against the gunman. If you or a loved one have been injured at work, please call our office at 888-973-2540 (888-WRECK-404) for a free initial consultation. Our office is available 24 hours a day to assist you and your family.

Watch What You Eat

blog@www.kaufmanlaw.net (Blog Author)23117 — Wed, 09 Dec 2009 08:00:00 EST

...especially when driving. A Forsyth County woman was killed in a head-on collision apparently caused by her attempt to eat while driving. According to officials in Forsyth County, a little north of Atlanta, a Cumming, Georgia woman was traveling northbound on Georgia 9 at 6:30 pm on Wednesday evening. Her Honda Accord veered across the center line and collided with an oncoming Pathfinder. The woman, who was not wearing a seatbelt, was taken to North Fulton Hospital where she later died from her injuries. The occupants of the Pathfinder were not seriously injured in the head-on collision. This unfortunate accident serves as a reminder to us all that our cars are powerful vehicles. We should refrain from multi-tasking during commutes as much as possible, remembering that driving carefully requires our full attention. It is in those moments that we are distracted from the task of driving that "accidents" occur. If you or a loved one has been injured as a result of the negligent driving of another, please call Kaufman Law at (888) WRECK-404 (888-973-2540). Our staff is available 24/7 to provide a free initial case consultation.

The name "Emory" does not ensure high hospital standards

mparrish@kaufmanlaw.net (Blog Author)21966 — Tue, 17 Nov 2009 08:00:00 EST

It seems only reasonable to assume that if you are a patient at Emory Eastside Medical center or Emory-Adventist Hospital, you are getting the same quality of care as patients at Emory University’s highly regarded Atlanta teaching hospitals. But, you would be wrong. These hospitals, as well as Emory Johns Creek Hospital are joint ventures with other hospital chains. Emory oversees operations, but leaves the everyday management to its partners.

Only Emory’s teaching hospitals, Emory University Hospital and Emory University Hospital Midtown are solely run by Emory University. It seems that the partnerships may be compromising Emory’s quality.

As a measurement of quality, Medicare does nationwide surveys of patients after they leave the hospital. Emory-Adventist was ranked no higher than third worst in Georgia on seven of the ten patient satisfaction questions. It had the lowest ranking in the state for how well patient’s pain was managed.

Emory Eastside scored better than Emory-Adventist hospital, but below state averages on most questions. Emory Johns Creek received high ratings on both patient satisfaction surveys and quality measures.

You can view quality and patient satisfaction data at www.hospitalcompare.com

Patients expect quality medical care and deserve to receive it. If you have been injured through hospital negligence, medication errors, chart mix-ups or other hospital errors, you are entitled to compensation for your injuries, pain and suffering. Contact our expert medical malpractice attorneys at Kaufman Law for a free case evaluation.

Girl Pinned Under Car at Sandy Springs Whole Foods

blog@www.kaufmanlaw.net (Blog Author)21822 — Mon, 16 Nov 2009 08:00:00 EST

As a 9 year old and her mother were leaving the Whole Foods on Roswell Road in Sandy Springs, which is a suburb of Atlanta, Georgia a 70 year old driver had an accident and lost control of his car and backed into a cement planter, toppling it over onto a young girl. Fortunately, officers reported the planter took most of the impact from the car, but the girl was trapped until emergency help arrived. She was taken to Children's Heatlhcare of Atlanta at Scottish Rite hospital for treatment of non-lifethreatening injuries. It appears the older driver will be liable for her injuries, depending on the reason he lost control of the vehicle. If he suffered an unforeseeable medical condition, such as a stroke or heart attack, without warning, he might not be liable. If, however, he was looking for his cell phone or otherwise distracted, he was driving negligently and will be liable for any damage he caused, both to property owned by the store and for injuries to the girl. If you or a loved one have been injured by the negligence of another, please contact Kaufman Law at 888-973-2540 (888-WRECK-404) to schedule a free initial consultation.

Atlanta Colleges among the most dangerous

mparrish@kaufmanlaw.net (Blog Author)21436 — Mon, 09 Nov 2009 08:00:00 EST

The colleges of Atlanta University Center attract some the nation’s top students. However, those students are in for a surprise. The universities are located in a high-crime section of Atlanta. They are surrounded by slums, abandoned houses, prostitution, drug dealings and thugs. The recent death of Spellman sophomore, Jasmine Lynn, has brought national attention to the problem of crime on Atlanta’s campuses.

On September 3, Lynn was shot by a stray bullet while walking on the Clark Atlanta University campus. On August 20, an Atlanta Technical College student was shot in a student rooming house only a few blocks away. Police believe that shooting was drug-related.

Lynn’s parents are holding Clark Atlanta University liable for inadequate security and safety precautions despite the history of violent crime on the campus. Since January, there have been 29 violent crimes in the Atlanta University district. This includes three homicides.

Parents scrimp and save to pay over $20,000 a year to send their children to college. They do this because they want give their child every opportunity to succeed. College should be a safe environment where students can concentrate on learning, not on dodging bullets. When colleges do not do their part to keep their campuses safe and secure, they should be held accountable when injuries and deaths occur. If your loved one has been injured or killed due to inadequate security or negligence on campus, while shopping, or at a business, contact the premises-liability attorneys at Kaufman Law today.

Investigation of Bus Company Involved in Morehouse Wreck Continues

blog@www.kaufmanlaw.net (Blog Author)21301 — Fri, 06 Nov 2009 08:00:00 EST

Investigation of Bus Company Involved in Morehouse Wreck Continues

Late Monday the Georgia Public Service Commission opened a formal investigation into Superior Transportation Group, the company that owned and operated the bus carrying Morehouse College band members when it rolled over on the Interstate near Atlanta over the weekend. That accident injured several of the Atlanta area students as it travelled on Interstate 75 to a football game in Albany, Georgia. It appears the bus company was operating illegally and without proper licenses and permits issued by the PSC. The PSC requires that all companies provide proof of sufficient insurance and submit to a background check and bus safety inspection to obtain a permit to operate within Georgia. The company was exposed to the PSC in 2008 after someone tried to hire a bus from the company but couldn't find them listed on the PSC website. A "cease and desist" letter was sent at that time, although it appears the company continued to conduct business. Morehouse insists it contracted with Adventure Bus Charter and Tours, Inc. based in Alabama and is not yet certain how Superior Transportation Group is involved. Because the bus was operating without liability insurance, the injured students will have to seek other available coverages to compensate them for their injuries. The students may live with relatives who own vehicles and have purchased medical payment (Med Pay) or uninsured motorist (UM) coverage. Residents who live with relatives can usually make claims on those policies, even if they were not in a covered vehicle at the time of the collision. Morehouse and the tour bus company may also have liability, although additional facts are needed to determine the precise involvement of each. Lesson here: Insure your self with high amounts of Med Pay and Uninsured Motorist coverage. Protect yourself because the other guy may not protect you. If you have a serious personal injury from a car, truck or bus wreck in Georgia you may hire a lawyer to help you. This is no place for amateurs. Hire an experienced plaintiff's personal injury attorney to make sure all of your rights have been pursued. Kaufman Law, pc provides attorney services to seriously injured persons who have been hurt by someone else's negligence.

Rides at Metro Atlanta Carnivals Sometimes Dangerous

blog@www.kaufmanlaw.net (Blog Author)21133 — Wed, 04 Nov 2009 08:00:00 EST

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.

mbloch@kaufmanlaw.net (Blog Author)19620 — Fri, 30 Oct 2009 08:00:00 EST

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

mparrish@kaufmanlaw.net (Blog Author)20239 — Mon, 19 Oct 2009 08:00:00 EST

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.

Wreck Shuts Down Stone Mountain Freeway

blog@www.kaufmanlaw.net (Blog Author)19980 — Wed, 14 Oct 2009 08:00:00 EST

Stone Mountain Freeway Shut Down After Deadly Wreck

The eastbound lanes of Stone Mountain Freeway were shut down on Tuesday afternoon after nine people had to be cut out from an overturned van. Six people were airlifted to Atlanta area hospitals including Grady Memorial Hospital and Atlanta Medical Center. The wreck occurred during rush hour traffic between Stone Mountain Industrial and Memorial Drive in Stone Mountain, Georgia. There were some, as yet unconfirmed, reports that the van was a Southern Company commuter van carrying Georgia Power employees. Witnesses reported that a Dodge Stratus clipped the van as the driver of the sedan attempted to make a lane change.

Recovery for the injured passengers and driver for this accident could become complicated. First, it initially from the news reports it appears the driver of the Stratus is likely at fault. However, there are likely nine victims, some with injuries as severe as death. Depending on the insurance coverages carried by that driver, there will likely not be enough insurance to cover the damages for all nine injured victims. Unfortunately, many drivers carry only the minimum liability limits of $25,000 per person and $50,000 total per accident. If any of the van riders had Underinsured Motorist Coverage, it could potentially be extremely helpful here.

It also appears the van involved is owned by VPSI, a company that leases commuter vans to cities across the country. The Michigan-based company issued a statement explaining that its vans are usually driven by employees of the local companies providing commuter van services. Initial reports indicate the van was not at fault for the accident. If additional investigation reveals otherwise, it is not clear who would be responsible for the resulting damages. More information about who was driving the van and which local company provided the commuter service would be needed.

The injured who were on a van supplied by their employer may also be considered "in the course of" and "in the scope of" employment. If so, workers compensation claims could be filed. The van driver may be an actual employee and would have access to workers compensation benefits.

Part of the insurance search would depend on the leasing arrangement and a determination of who leased the van and whether the passengers paid for the service. If a municipality or authority owned the van then they will hide behind immunity given to them by the state legislature.

The only likely place from which the injured victims of negligence would be able to find funds to help pay for their injuries is the amount of UNINSURED MOTORISTS COVERAGE that each passenger purchased on their own vehicles.

There are many other places that a Trial Lawyers office would search to find liability and resources to help relieve the overwhelming financial pressure these innocent victims have suffered in the past and will suffer in the future. The lesson for readers is to purchase all of the Uninsured Motorist Coverage and Med Pay Coverage that you can find from a reputable insurance company. Don't rely on the other guy to protect you and your family.

At Kaufman Law, we see clients everyday who've been injured in accidents through no fault of their own. Unfortunately, many times a limited insurance policy held by the defendant prevents them from recovering enough to be truly compensated for their injuries. If you or a loved one has been injured in an accident, please contact our office at 888-973-2540 (888-WRECK-404) 24 hours a day to schedule a free initial consultation to discuss your legal rights.

Prescription mistakes can be dangerous

mparrish@kaufmanlaw.net (Blog Author)19896 — Mon, 12 Oct 2009 08:00:00 EST

Each year, more than 1.5 million Americans are injured, made sicker or killed by medication mistakes. These mistakes include dispensing the wrong prescription, giving the wrong dosage, or providing the wrong instructions. It is estimated that about three percent of prescriptions filled at pharmacies contain prescription mistakes that may cause harm.

Gwen Daley, a school bus driver from Logansville, Georgia was a victim of medication error. Her prescription antibiotic pills were not marked as unsafe for driving. Yet, while driving on her school bus route, she was overcome with dizziness and pulled over to radio for help. She continued to take the pills, and her symptoms got worse. She was even hospitalized for her nausea, dizziness, headaches and blurred vision, but doctors could not figure out what was wrong.

Eventually she noticed that not all the pills in the bottle looked the same. The bottle had been filled with the prescribed antibiotic Flagyl, but also with a strong antidepressant, Trazadone. The pills look similar, but Trazadone has intense side effects.

Daley is outraged about the mistake. As a school bus driver she is responsible for safely transporting a bus full of children. She wonders what would have happened if she’d passed out while driving. In her case, not only was her life endangered by the mistake, but the lives of her passengers as well.

Click here to learn more about pharmacy mistakes, how to prevent them and what you can do if you are the victim of a medication error.

Texting and Cell Phones are a major cause of traffic accidents.

mparrish@kaufmanlaw.net (Blog Author)18914 — Wed, 30 Sep 2009 08:00:00 EST

Numerous studies have found that texting and cell phone use while driving are a major cause of highway accidents. A University of Utah study estimated that a driver talking on a cell phone is four times more likely to be involved in an auto crash than a driver not using the phone. When a driver is texting, the likelihood of an accident increases by six times. Because of this, the National Safety Council (NSC) is calling for a nation-wide ban on the use of cell phones and other messaging devices while driving. Cell phone use while driving is legal in Georgia.

According to the National Highway Safety Administration (NHTSA), 80 percent of crashes result from driver inattention. Sixty-eight percent of rear-end crashes are caused by distracted drivers.

Common causes of driver distraction include

• Cell phone use, texting, or the use of other electronic devices

• Tuning the radio or adjusting the heat

• Eating, drinking, smoking

• Picking up something from the floor

• Reading, writing

• Grooming

• Arguing with another passenger

• Dealing with children

With distracted drivers on the road, even the safest driver may not be able to avoid an accident. If you or someone you love has been in an accident caused by a distracted driver, call the car wreck attorneys at Kaufman Law toll free at 888-973-2540 (888-WRECK-404) for a free consultation.

How can an attorney help your Workers' Compensation case?

mparrish@kaufmanlaw.net (Blog Author)18921 — Thu, 24 Sep 2009 08:00:00 EST

Worker’s Compensation or “workman’s comp” exists in all states to protect workers who are hurt on the job. Any injury that occurs on the job “out of and in the course of employment” is covered by worker’s compensation.

In many cases, injuries are minor and employees recover quickly and are able to return to work. Often, there is little need to hire an attorney.

If the injury is more serious, or your claim is rejected, an attorney can help. A Worker’s Compensation lawyer can also help if your compensation claim is accepted, but the amount does not cover your medical needs, or if certain medical care is denied. A lawyer is essential if your employer takes any retaliatory actions after the claim is filed.

Retaliation includes termination, demotion, reduction in pay or in work hours, loss of benefits, or denial of any other employment opportunity in response to an employee’s claim to workers’ compensation. Retaliation may also violate an injured employee’s rights under the Americans with Disabilities Act, Family and Medical Leave Act, and other federal and state laws

Having a worker's compensation attorney handle you case can help ensure that an injured worker is treated fairly and given adequate financial compensation for their injury or illness.

If you are having difficulties with your Georgia Workers’ Compensation case, the lawyers at Kaufman Law can help. Call us at toll free at 888-973-2540 for a free consultation.

5 Year Old Killed by Atlanta School Bus

blog@www.kaufmanlaw.net (Blog Author)18525 — Thu, 17 Sep 2009 08:00:00 EST

A 5 year old boy was run over by a school bus in a northwest Atlanta neighborhood on Tuesday. He was being dropped off after attending kindergarten at Usher Elementary School. It was not clear whether the boy was killed immediately or died later from injuries sustained in the school bus accident.

Atlanta Police Officer James Polite indicated the boy was walking in front of the school bus when the driver began pulling forward. Charges were still pending Wednesday morning as police investigators sought to determine how the bus driver lost track of this child. The bus driver, who has been driving for six years, has not been identified. It appears both the bus driver personally and Atlanta Public Schools, as his or her employer, is liable to the young boy's family. As the police continue their investigation, it will be important to determine whether the bus driver was distracted at the time and, if so, what things were distracting the driver like a cell phone or other children on the bus. The most significant legal problem in these cases is often Immunity from Liability that the Georgia Legislature has given to schools and their employees. If there is Insurance it is likely to be modest. Another legal issue is calculating damages for the pecuniary worth of a child. The Georgia Wrongful Death Statute gives the child's parents the right to decide whether and how to proceed. It is likely the boy's family will seek the advice of an Atlanta area accident attorney to discuss their legal rights in this situation. If you or a loved one has been injured due to the negligence of another, please call our office at 1-888-973-2540 (888-WRECK-404) to schedule a free consultation. Our staff is available 24 hours a day.

Winder Four Year Old Injured in Wreck

blog@www.kaufmanlaw.net (Blog Author)18097 — Wed, 09 Sep 2009 08:00:00 EST

A four year old Winder boy was airlifted to Children's Healthcare of Atlanta after being hit by a car. It appears the child ran into the street Saturday morning. Winder Police Captain Dennis Dorsey said the boy was alert and talking to his parents during his transport. No charges had been filed against the driver of the vehicle that collided with the child. Although it appears that no error on the drivers part caused this accident, distracted drivers in the metro Atlanta area are all too common. Drivers distracted by cellphones, radios, or other passengers are more likely to fail to observe changes in traffic patterns or the actions of other drivers and pedestrians sharing the roadway. This type of negligence results in many of wrecks and resulting personal injuries that occur daily in the Atlanta area. If you or a loved one have been injured as a result of the negligence of another and you need an attorney , please call our office at 888-973-2540 (888-WRECK-404) to schedule a totally free consultation to discuss your legal rights and options.

Alabama Band Bus T-Bones Car

blog@www.kaufmanlaw.net (Blog Author)18074 — Tue, 08 Sep 2009 08:00:00 EST

A bus filled with members of the University of Alabama band t-boned a vehicle on Atlanta Street Saturday afternoon in downtown Atlanta. The bus was travelling to the Georgia Dome where the Alabama football team was preparing to play. Fortunately, no students on the bus were injured. The driver of the other vehicle reported injuries, though their extent is unknown. The bus driver said he had become separated from the other six buses in front of him and proceeded into the intersection on a yellow light. The driver of the car said his light was green when he drove into the intersection. No one was charged or cited for the accident. If you or a loved one have been injured by the negligence of another, please call our office at 888-973-2540 (888-WRECK-404) to schedule a free consultation now.

YouTube PSA Shows Dangers of Distracted Driving

blog@www.kaufmanlaw.net (Blog Author)17695 — Mon, 31 Aug 2009 08:00:00 EST

YouTube PSA on Texting While Driving

A new YouTube Public Service Announcement details the dangers of texting while driving. The video opens with three young girls, more interested in their phone than the road ahead. What happens next begins a terrifying 4 minute long sequence of the deadly consequences. The video is intended to present the real dangers of driving while distracted, in this case by cell phones. The message is equally applicable to other forms of driver distraction - food or beverages, reaching for dropped items, or changing songs on a iPod. The images are realistic, play in real time, and are disturbing. But they accurately depict the aftermath of a violent collision - from the "jaws of life" being used to remove a passenger to life flight helicopters transporting her from the scene. The caption at the top asks viewers "Will you get the message?" As technology continues to invade our society, we could all use a reminder not to let it distract us from serious activities, such as driving. This video will certainly come to mind the next time I'm tempted to answer a call or send a quick text in the car.

http://www.youtube.com/watch?v=DGE8LzRaySk

At Kaufman Law, we've seen many clients injured by a distracted driver and we hope this video encourages more attentive drivers. However, if you or a loved one has been injured by the negligence of another, please call our office to schedule a free consultation at 1-888-973-2540 (888-WRECK-404).

Douglas Car Wreck Kills Mother and Son

blog@www.kaufmanlaw.net (Blog Author)17406 — Tue, 25 Aug 2009 08:00:00 EST

A head-on collision early Monday morning killed a mother and killed her 4 year old son on Skyview Drive in Douglas County. Lt. Paul Cosper of the Georgia State Patrol said a 1998 Pontiac crossed the center line and struck their 1988 Toyota head-on. Two other passengers in the Toyota were also injured in the crash. The driver of the Pontiac, Natasha Searcy, complained of pain at the scene of the collision and was taken to Wellstar Cobb Hospital via ambulance with minor injuries before being released the same day. The Georgia State Patrol continues to investigate and no charges have yet been filed, pending the outcome of the scene reconstruction. The State Patrol's SCRT team is a highly respected accident reconstruction organization. Depending on the reason the Toyota crossed the center line, it appears the driver may be liable for personal injuries and fatalities caused by this collision. If you or a loved on has been injured in a car wreck resulting from the negligence of another, please call our office at 888-973-2540 (888-WRECK-404) to schedule your free initial consultation. Kaufman Law has been helping persons with serious personal injuries sustained in car wrecks and truck wrecks in Douglas County and Douglasville for over 30 years.

Clayton Police Continue to Search for Apartment Rapist

blog@www.kaufmanlaw.net (Blog Author)17412 — Tue, 25 Aug 2009 08:00:00 EST

Clayton County police report seven armed rape attacks since December in Clayton County area apartment complexes. Two attacks occurred at gunpoint. In the other five, the rapist forced the victims to shower and remove potential DNA evidence before leaving. The latest attack occurred Saturday at The Woods on Garden Walk Boulevard in College Park, Georgia, in Fulton County. Clayton County police spokesman Lt. Rebecca Brown urges all apartment dwellers to keep their doors and windows locked at all times. Women, in particular, are cautioned to be aware of their surroundings when getting from their cars to their apartment. As always, suspicious activity should immediately be reported to the apartment manager and the police. Georgia law requires property owners to keep their premises safe or warn about attackers if the property owner knew or should have known about a danger. One of the duties of Apartment owners and managers is to warn and notify residents of the known danger. Often Apartment managers feel that such specific notice would hurt marketing efforts to keep their complexes full. They often hide crime from residents to increase their profits at the risk of injury to their residents. The hiding of such information deprives residents of the opportunity to protect themselves. Apartment residents that read this should check with their complex to ensure the complex is taking appropriate steps to keep residents safe from criminal activity. Ensure gates are working correctly and close behind each vehicle and deadbolts are installed and working properly on all doors. There are many other actions that a property owner has a duty to perform to protect its residents. If you or a loved on has been injured as a result of negligent security in an apartment complex, please call Kaufman Law at 888-973-2540 (888-WRECK-404) to schedule a free initial consultation today.

Georgia drivers: are you ready for a drunk driving crackdown?

mparrish@kaufmanlaw.net (Blog Author)17353 — Mon, 24 Aug 2009 08:00:00 EST

All across the country states are sending a clear message to drivers: get behind the wheel when you’re too intoxicated to drive, and you’ll be arrested.

Every year the federal government and advocacy groups team up to sponsor a Labor Day drunk driving crackdown. For about two weeks Georgia police will be out in force looking for drivers who appear to be under the influence of alcohol.

Police say they mean business during the crackdown, which runs from August 21, 2009 to Labor Day (September 7, 2009). No warnings will be given to drivers found over the legal limit: they’ll be arrested. Police warn that even first time offenders will go right to jail, no exceptions.

Drivers should be on the lookout for sobriety checkpoints and DUI enforcement patrols. With alcohol involved in one out of every three crashes in Georgia, authorities are anxious to make it clear to drivers that alcohol and vehicles don’t mix.

Want to read more about Georgia’s drunk driving laws? Check out our law library article “Impaired Driving Laws and Penalties for Georgia Drivers”. If you’ve been hurt by a drunk driver in a Georgia traffic accident, please contact the experienced lawyers at Kaufman Law for help.

Warning signs that a medicated driver should not be on the road

mparrish@kaufmanlaw.net (Blog Author)17356 — Mon, 24 Aug 2009 08:00:00 EST

We’ve all had to take an over-the-counter (OTC) or prescription medication at some point at our lives, either for a short-term illness or for a chronic condition. The problem comes when the medication has a side effect that makes driving dangerous, or if medications are combined, leading to impaired driving.

There are some signs that a driver who has taken one or more medications should not be behind the wheel. If you or someone you know exhibits any of these signs, stay safe: don’t drive until the side effects are gone. It’s not worth causing a serious traffic accident!

Problems with reflexes: if a driver has coordinating his or her hands or feet to drive the car, or if they have a problem reading signs or navigating directions, or if they have a slowed reaction time or if they have close-calls (nearly hit something) – they should not be driving.
Confusion on the road: if a driver appears to be driving erratically (jerky braking or acceleration, abrupt lane changes, drifting into other lanes, etc.) then it isn’t safe to drive.
Anxiety or anger: a driver who appears very nervous or who loses his or her temper quickly should not be driving. Anxiety, frustration, and anger can contribute to aggressive or distracted driving, two major contributors to traffic crashes in Georgia.

Don’t be afraid to speak up if you think someone you know should not be driving. Read more about overmedicated drivers in our law library article “Are over-medicated drivers a danger on Georgia roads?”

Hall County Teenager Dies After 4 Car Wreck

blog@www.kaufmanlaw.net (Blog Author)17193 — Thu, 20 Aug 2009 08:00:00 EST

A 16-year-old Hall County girl died from injuries sustained in a four car wreck near Gainesville Tuesday morning. She was one of seven people injured in the wreck, including her parents, when a pickup truck driven by Jason Greet crossed the center line of Browns Bridge Road. Greer's truck collided with the Ford Escort in which the teenager was a passenger, being driven by her parents, then rolled over before striking a minivan. Debris from that collision struck the 18-year-old driver of another vehicle. At this point, no charges have been filed but the investigation is continuing according to Hall County officials. Regardless of any potential criminal charges filed against the driver of the pickup truck, the facts suggest he may be civilly liable to the others injured or killed in this accident. If you or a family member has been injured through the negligence of another, please call our office at 888-973-2540 to schedule a free consultation to discuss your legal rights and the steps you must take to protect those rights.

Calls For Tort Reform a Deform - From the Marietta Daily Journal 8-13-09

blog@www.kaufmanlaw.net (Blog Author)16838 — Thu, 13 Aug 2009 08:00:00 EST

Article by Lance Cooper, guest columnist

Whenever health care reform is proposed, some people instinctively think more so-called "tort reform" should be the solution to the debate (see Monday's Marietta Daily Journal op-ed page). This effort diverts us from the real issue at hand - affordable, attainable and safe health care.

Insurance companies and others who are fearful of accountability for medical negligence regularly employ the "deny and distract" routine. First, when faced with hard numbers and legitimate research placing blame not on lawyers, but on their own industries, they deny any accountability. Then they employ methods of distraction to tear us off the course to finding real solutions. Tort reform is such a distraction.

Supporters of tort reform argue that the threat of lawsuits makes doctors order unnecessary tests to protect themselves - a phenomenon they call "defensive medicine" - and yet there is no evidence to support those claims. Studies conducted by the Congressional Budget Office and the Government Accountability Office have all cast doubts that such a thing called "defensive medicine" even exists.

Take McAllen, Texas, home of the most expensive health care in the country. Despite having draconian tort reform laws and the same caps on damages that we have in Georgia, the doctors routinely order excessive testing and procedures. They do so not for fear of lawsuits but because the fee-for-service structure actually encourages them to. In other words, the more tests they perform, the more they get paid.

Claims of "frivolous lawsuits" driving up health care costs are another regularly deployed method of distraction. Georgia, and the rest of the nation, already has laws against filing these so-called frivolous lawsuits. The New England Journal of Medicine published a study finding that 97 percent of medical malpractice claims are meritorious and that 80 percent of those involved serious injuries resulting in major disability or death. And the overall number of medical malpractice cases is low; less than 1 percent of all civil cases are medical malpractice cases.

Another frequently echoed distraction is the notion that doctors are fleeing and causing physician shortages because of liability concerns and increased malpractice insurance premiums caused by lawsuits. Once again, this distraction is false. Data from the American Medical Association show that physician numbers have been increasing across the board for many years. And the number of physicians is significantly higher in states without caps on damages. The National Bureau of Economic Research found that tort reform laws do not avert physician shortages, nor do they lead to greater, more efficient patient care.

Patient care is what really matters at this point. Preventable medical errors and mistakes are the leading cause of accidental death in the nation. Just 6 percent of doctors are responsible for nearly 60 percent of negligent care - and the civil justice system is the only effective means of holding them accountable.

In Texas, after the $250,000 cap on damages was imposed, thereby freeing negligent doctors from accountability, the number of complaints against Texas doctors to the Medical Board rose from 2,942 to 6,000 in just one year. Proposed tort reform measures do nothing but fill the coffers of malpractice insurance companies - the same companies who have raised premiums on the doctors while civil claims have remained stable and, in most states gone down.

Further dismantling our uniquely American system of accountability by enacting more tort reform would be disastrous. We can't forget what just happened with Wall Street vs. Main Street or the crash of AIG. The insurance industry and its special interest groups are utilizing a tired relic of gotcha-politics - blame the lawyers and hope Americans forget about the record bonuses being paid to insurance industry executives after the taxpayers bailed them out. Amazingly, insurance special interest groups, with their call for more tort reform, want to deprive Americans - who just bailed them out - of their constitutionally protected access to our judicial system. Let's ignore those distractions.

Taking away patients' constitutional right to seek justice in a fair court of law, when they have been injured through no fault of their own, does nothing to improve our health care system, nor does it increase patient safety. And it is, simply, un-American.

Lance Cooper of Powder Springs is past president of the Georgia Trial Lawyers Association and is a past president of the Cobb Trial Lawyers Association. He holds a degree in economics from Cal-Berkeley and a law degree from Emory University.

Cherokee County Road Rage Suspect Released on Bond

blog@www.kaufmanlaw.net (Blog Author)16762 — Wed, 12 Aug 2009 08:00:00 EST

The Cherokee County man accused of assaulting another driver with a crowbar has been released from the Cherokee County jail on bond. On July 30, 2009, Woodstock Police responded to a call from a man who said he had been assaulted after making an offensive gesture to another driver who had been tailgating his vehicle. Both men then exited their vehicles as one struck the other's with a crow bar as an 18 month old child watched from the back seat. Nicholas Petty was later identified in a police line up after police tracked him down using his license plate number. He has been charged with aggravated assault, criminal damage to property in the second degree, criminal trespassing and cruelty to children in the third degree for potentially endangering a child. Incidents such as these remind us of the consequences of allowing driving conditions and other drivers to affect our driving decisions. While we all get angry and frustrated by long commutes, it is important to remember the consequences of acting irresponsibly on the road. While criminal punishments are rare, tragic accidents as a result of road rage are unfortunately too common around Metro Atlanta. If you or a loved one has been injured by the negligence of another, please call our office at 888-973-2540 to schedule a free consultation.

Information Shows Wrong Way Driver Was Drunk

blog@www.kaufmanlaw.net (Blog Author)16696 — Mon, 10 Aug 2009 08:00:00 EST

The tragic story of a wrong way driver who killed seven became more confusing with the announcement that driver Diane Schuler was drunk and high on marijuana at the time of the wreck. Sometime between leaving her family's campsite at 9:30 am on July 26th and 1:30 that afternoon, it appears that Schuler made some decisions that proved fatal. Investigators are now trying to piece together her actions that day. Schuler's family has repeatedly denied knowledge of any history of drug or alcohol abuse, but the families of the victims in the S.U.V. she collided with feel differently. They are convinced that friends and family must have known something. Lawyers for that family hope to hold any relative with knowledge of Schuler's condition liable for the accident. Investigators have found nothing in Schuler's personal life indicating stress or anxiety which may explain the toxicology report's findings. As more facts arise, evidence pointing to shared liablility among her family may arise as well. Until then, investigators simply hope to figure out exactly what happened that day. Unfortunately, at Kaufman Law, P.C. we see too many families harmed or even destroyed by the unthinking negligence of others. If you or a loved one has been injured through the fault of another, please call our office at at 1-888-973-2540 to schedule a free consultation.

Numbers Say Cellphones Dangerous While Driving

blog@www.kaufmanlaw.net (Blog Author)16257 — Mon, 03 Aug 2009 08:00:00 EST

Numbers Say Cellphones Dangerous While Driving

The Atlanta Journal-Constitution recently reported a Virginia Tech Transportation Institute study on the dangers of using a cellphone while driving. The study produced the following, somewhat unexpected, results:

2.8 - factor by which the chance of an accident increases for a car driver dialing a cell phone

4 - increased chance of accident for car driver reaching for a cellphone or other electronic device

5.9 - factor by which the chance of an accident increases for a heavy truck driver dialing a cellphone

6.7 - increased chance of accident for a heavy truck driver reaching for a cellphone or other electronic device

23.2 - increased chance of accident for a heavy truck driver sending text messages

These numbers show an increase in risk when drivers of any vehicle attempt to use cellphones or other electronic devices while driving. Using these devices may prove dangerous, or even deadly, when behind the wheel. We have seen a rise in the number of serious automobile, motorcycle or trucking accidents and collisions in the metro Atlanta, Georgia area as a result of cell phone use. If you or a loved one have been injured as a result of a car, motorcycle or tractor-trailer collision, please call our office at 888-973-2540 to schedule your free consultation.

Injured Sandy Springs Officer Returns to Work

blog@www.kaufmanlaw.net (Blog Author)16024 — Wed, 29 Jul 2009 08:00:00 EST

Almost a year ago, Officer Sam Worsham was hit by a vehicle while responding to an emergency call on his motorcycle on Roswell Road in Sandy Springs in Fulton County, Georgia. As a result of that collision, he sustained serious injuries including multiple fractures ultimately resulting in surgery. He endured months of rehabilitation and physical therapy. Worsham worked hard to ensure he returned to the line of duty, even reaching his goal before the period doctors predicted. Fortunately, with access to exceptional medical care, Officer Worsham has fully recovered from his injuries and is back on duty. Many other victims of serious injuries resulting from automobile or motorcycle collisions don't have the same access to medical care. At Kaufman Law, we strive to ensure that all our clients receive the best treatment possible, allowing them to recover and return to their lives as quickly as possible. Our hope is that all our clients' stories end as happily as Officer Worsham's. If you or a loved one have been injured in an automobile, motorcycle, or truck wreck, please call our office at 888-973-2540 to schedule your free consultation.

Is it legal to use a cell phone or send text messages while driving in Georgia?

mparrish@kaufmanlaw.net (Blog Author)15865 — Mon, 27 Jul 2009 08:00:00 EST

The use of cell phones and other handheld devices to send and receive phone calls, emails and text messages is becoming controversial. Research studies are continuing to show that drivers who use cell phones and similar devices greatly increase the odds that they will cause a car or truck crash.

Given the danger that distracted drivers pose on Georgia’s highways, lawmakers have enacted some cell phone driving laws in the state. Other states have gone further and either completely banned the use of handheld cell phones (allowing hands-free devices) and some states ban the use of cell phones completely for teen drivers.

How do Georgia’s laws compare?

No ban on handheld cell phones while driving; no requirement for hands-free devices
Cell phone use completely banned for bus drivers
No ban on cell phone use by novice drivers or those with only a learner’s permit
No ban on sending or receiving / reading text messages while driving
No ban on bus drivers sending or receiving text messages
No ban for novice drivers sending or receiving text messages
The cell phone ban for bus drivers is a primary enforcement law, which means that a bus driver can be pulled over if a police officer observes him or her using a cell phone while driving a bus
Georgia does collect data on cell phone use as a contributing factor to automobile accidents

Georgia Police Want Drivers to Move Over to Save Lives

mparrish@kaufmanlaw.net (Blog Author)15856 — Sun, 26 Jul 2009 08:00:00 EST

If you were asked to guess what event claims the most lives of police personnel, what would you guess? The right answer may not be immediately apparent: traffic crashes. According to FBI statistics, more police employees are killed in the line of duty because of motor vehicle accidents than by anything else, including shootings.

The growing number of fatalities among police officers, emergency responders, and transportation workers has prompted at least thirty states to enact so-called “move over” laws. These laws are aimed at protecting people who may be on the side of the highway to work on construction projects, make a routine traffic stop, or respond to an accident.

According to the Georgia Governor’s Office of Highway Safety, Georgia’s Move Over Law is intended to reduce the number of injuries and fatalities to police officers, paramedics, firefighters, tow truck operators and highway maintenance workers.

What does this law mean for you? If you see an emergency vehicle on the side of the road with flashing lights you have to move over one lane. If traffic is too heavy to move over safely, you must slow down below the posted speed limit and be prepared to stop if necessary. Failure to move over or slow down as required by law could result in a $500 fine.

The Real Story Behind the McDonald's Coffee Case

blog@www.kaufmanlaw.net (Blog Author)15273 — Tue, 14 Jul 2009 08:00:00 EST

The case involving a spilled cup of coffee at McDonald's has been touted for years as an example of how far awry our justice system has gone. "Everyone knows coffee is hot! How can you sue someone over that?" has been a common refrain, as we shake our heads and wonder what the plaintiff was thinking. Why should McDonald's pay for a self-inflicted injury everyone should know to expect? Most of us, however, have not heard all the facts of the case. McDonald's internal policies required coffee to be kept at the unconsummable and unsafe temperature of 185 degrees. Liquid at this temperature is prevented from cooling quickly, increasing the severity of any injury caused by coming into contact with it. McDonald's was completely aware of this danger and had received numerous (around 700) complaints about the coffee causing third-degree burns before this particular plaintiff was injured. This plaintiff did not suffer minor injuries - she required hospitalization, debridement, and skin grafts as a result of the spill. She was not "drinking and driving" or opening a cup in a moving vehicle. She was a passenger in a stopped car simply trying to add cream and sugar. She was not overly litigious, asking for only $20,000 to compensate her for her injuries. McDonald's refused to offer anything. At trial, she was awarded $200,000 in compensatory damages (reduced to $160,000 due to her own partial fault for the injuries) and $2.7 million in punitive damages. The punitive damage amount was later reduced. The plaintiff was not "gaming the system" or pushing her own responsibility onto others. She simply sought reasonable compensation from injury caused by a product knowingly kept at a dangerous temperature. As you hear stories about "ridiculous verdicts" and plaintiff's abusing our legal system, take a few moments to learn the real facts of a particular case before making up your own mind. Please follow the link above to a more in-depth article reviewing the case.

Denture Cream May Cause Zinc Poisoning

blog@www.kaufmanlaw.net (Blog Author)14983 — Wed, 08 Jul 2009 08:00:00 EST

The more than 35 million Americans who use denture creams daily are understandably concerned by recent reports that top-selling brands such as Fixodent and Super Poligrip may be linked to cases of zinc poisoning. As with most potential product liability cases, its important to sort out the facts if you are one of those 35 million using such products.

Many denture creams, including Fixodent, include zinc. An individual must routinely ingest an overdose of zinc to cause zinc poisoning. The symptoms of zinc poisoning can include neuropathy (disease or malfunction of the nerves) or urinary, bladder or gastrointestinal dysfunction. Over time, some develop numbness and tingling in hands or feet, difficulty with balance and coordination, and weakness or pain in arms and legs.

If you think you may have zinc poisoning, you are encouraged to contact your regular health care provider to discuss your concerns. Your physician can order the necessary blood and hair tests to evaluate your exposure to zinc. If tests confirm that you currently have, or have previously had, elevated levels of zinc and have experienced some of the symptoms of zinc poisoning discussed above, you should also contact an attorney. An attorney can help you identify and protect your legal rights to compensation for any injuries you may suffer as a result of using these products. Please contact Kaufman Law at 888-973-2540 today to schedule a FREE consultation if you’re concerned that you or a loved one may have suffered zinc poisoning.

Security Guard Killed In Atlanta

blog@www.kaufmanlaw.net (Blog Author)14527 — Tue, 30 Jun 2009 08:00:00 EST

A security guard was shot and killed in Atlanta, Fulton County shortly after 1 a.m last night . The guard went to investigate a suspicious person behind the Gold Spa on Piedmont Road. The guard was shot in the chest by the suspect, who then fled. Police were unable to determine whether the security guard was able to fire back at the suspect. It is expected that family members will seek advice from an Atlanta Workers Comp Attorney or Wrongful Death Lawyer. Whether a claim can be made under Workers' Comp depends on many facts still unresolved. We do not yet know if the security guard was an employee of the Gold Spa or an independent contractor. That fact determines whether his family has a claim under workers' comp. Depending on the circumstances, the family might also have a wrongful death claim and one for personal injuries. An Atlanta Area Personal Injury Lawyer, such as Kaufman Law, can help the family sort out these legal issues and pursue any compensation they may be entitled to. At Kaufman Law, we have experience with both serious injury and death claims in Workers Compensation and Wrongful Death and personal injury cases . If a family member has experienced serious injury, or even death, while on the job please contact our office at 1-888-973-2540, 24 hours a day, to schedule a free initial consultation.

Man Killed in Southwest Atlanta Apartment Complex

blog@www.kaufmanlaw.net (Blog Author)14431 — Mon, 29 Jun 2009 08:00:00 EST

A man and his fiancée were assaulted by a gunman as they returned to the Hidden Hollow apartment complex in Southwest Atlanta Wednesday afternoon. They were returning from a trip to a nearby store. The gunman encountered them in the breezeway of the apartment and shot the man twice, once in the arm and once in the chest, after a discussion. Tragically, the man later died at the scene. There are a lot of facts that we do not know but any claim for injury would be under Georgia's premises liability laws. Because the incident occurred on property owned by another, the owner might be liable for damages . An Atlanta Personal Injury Lawyer who specializes in premises liability and negligent security will likely be consulted. The woman accompanying the man may also have claims against the apartment complex and its' managers for personal injuries . She will likely also contact an Atlanta Personal Injury Attorney specializing in negligent security cases . Kaufman Law, P.C. has participated in many negligent security cases and has secured settlements and verdicts in excess of a million dollars. Of course, all cases depend on the facts and the law. If you or a loved one has been injured on someone else's property whether by slip and fall, trip and fall, assault, shooting, rape or other similar incident please fill out the short contact form to the right or call our office at (888) 973-2540 available 24 hours a day to schedule your free initial consultation.

Wrong Way Driver Causes 9 Wrecks

blog@www.kaufmanlaw.net (Blog Author)13941 — Fri, 19 Jun 2009 08:00:00 EST

An Atlanta area man driving a work truck the wrong way along the Buford-Spring Connector caused a total of 9 separate car wrecks. Just before 5 p.m. on Wednesday, he was spotted driving in the wrong direction. After his ninth collision near Monroe Drive, the driver attempted to exit his vehicle and flee the scene on foot. Good Samaritan Grady Luckey and others pursued the man and held him under a citizens' arrest until police arrived. Fortunately, only one person sustained personal injuries during the collisions, although each party sustained varying degrees of property damage. The driver was charged with DUI, reckless driving, hit and run, leaving the scene of the accident and driving on the wrong side of the road. Reports did not make clear whether the driver was working at the time of the accident. If he was, his company may be liable in part or in whole to the injured driver and others who sustained property damage. A company's liability under any commercial insurance policy may exclude acts of employees while intoxicated, however. It is anticipated that all parties involved will contact an Atlanta Area Personal Injury Attorney or Atlanta Workers Comp Attorney to help identify his or her rights.

Teens Killed in Possible Police Chase

blog@www.kaufmanlaw.net (Blog Author)13915 — Thu, 18 Jun 2009 08:00:00 EST

Two Teens Killed Fleeing Police

Two 16 year olds were killed when the car they were riding in crashed into a tree in the West End neighborhood of Atlanta. The teen driver was fleeing police at the time of the collision. An officer had observed the Honda Accord driving without headlights and attempted to pull the vehicle over. The vehicle was later discovered to be reported stolen. After the vehicle fled it turned onto Lawton Street, the officer claims that he ended the pursuit and turned off his emergency equipment prior to the crash. Some time later, the vehicle then drove off the roadway, through a chain link fence, and struck a tree near M.A. Jones Elementary School. The driver had to be extricated from the vehicle by the Atlanta Fire Department. Because the car was stolen, it is not likely that there will be liability insurance coverage for any personal injuries or property damage sustained in this Atlanta area car accident. It is anticipated that an Atlanta Personal Injury Attorney will be consulted to help to determine the various rights of the parties.

Pedestrian Hit Twice and Killed

blog@www.kaufmanlaw.net (Blog Author)13747 — Tue, 16 Jun 2009 08:00:00 EST

A 26 year old pedestrian attempting to cross Moreland Avenue near I-285 was hit first by a Dodge Avenger, and - moments later - by a Mustang. DeKalb Police have ruled the death a tragic accident. The police department spokesperson noted the area did not have a proper crosswalk and was poorly lit. He stopped short, however, of saying these deficiencies contributed to the pedestrian death. Even if criminal charges are not issued, the family should consider consulting an Atlanta wrongful death attorney or an Atlanta personal injury Attorney to see if either driver or the city has some liability for the tragic death of their loved one.

Fatal Head-On Collision Will Not Result in Charges

blog@www.kaufmanlaw.net (Blog Author)13751 — Tue, 16 Jun 2009 08:00:00 EST

Forsyth County officials announced last week that no charges are expected to be filed in a fatal Atlanta area auto accident involving a gasoline tanker and a pickup. The driver of the pickup truck, an Alpharetta native, died in the wreck that shut down Dawsonville Highway. The truck driver, from Gainesville, Georgia, was not injured in the accident. Although no criminal charges are expected, an accident injury lawsuit is still likely. It is likely that the big truck driver will need an Atlanta Workers Comp Attorney for a workers compensation claim at the State Board of Workers Compensation. An Atlanta Injury Attorney may also be needed for personal injuries that were incurred in the accident.

Georgia Supreme Court Says Left Turn Law Too Confusing

blog@www.kaufmanlaw.net (Blog Author)13496 — Wed, 10 Jun 2009 08:00:00 EST

The Supreme Court of Georgia ruled last week that the Georgia Legislature's improper left turn statute is "unconstitutionally vague." Justice Carol Hunstein wrote that the plain reading of the statute leads to two completely opposite interpretations that people of "common intelligence" cannot reconcile. The court was hearing a criminal case for DUI and improper left hand turn. Fortunately, the case did not involve an auto accident or injury. The statute in question prohibits making a left hand turn into the right lane of a multi-lane roadway. It begins by instructing drivers to be in the far left hand lane before making a left turn, which seems reasonable. The statute then, according to Whitfield County Public Defender Benjamin Goldberg, becomes incomprehensible. For now, police officers cannot hand out tickets for improper left turns. The Georgia Legislature will have to fix the law when they return to session next year. This ruling is important to Atlanta Personal Injury Attorneys because it is used to establish a legal duty.

Gwinnett Sheriff's Deputy Killed in Wreck

blog@www.kaufmanlaw.net (Blog Author)13270 — Fri, 05 Jun 2009 08:00:00 EST

A Gwinnett County Sheriff's Deputy was killed after his motorcycle and an ice cream truck collided at a Barrow County intersection as he was on his way home Monday night, June 1, 2009. An ice cream truck ran a stop sign at the intersection of Atlanta Highway and Bowman Mill Road, colliding with a passing truck. That truck struck the deputy's motorcycle and knocked him off. The deputy, who was wearing a helmet, died from his injuries. There are many facts that remain unknown. Depending on the facts, it is possible that the officers dependants' will need a workers comp attorney. His survivors may have a claim for personal injuries and for wrongful death. Atlanta has many attorneys that can represent the family for personal injuries, wrongful death and for a workers compensation claim. Much of the protection afforded to the officer's family would be from the insurance policy of the owner and operator of the ice cream truck. Many vehicles are very underinsured, so each person must take the responsibility to buy uninsured motorists coverage and med pay to protect themselves and their loved ones. Don't count on the other guy to protect you.

Fixodent and Poligrip May Cause Zinc Poisoning

blog@www.kaufmanlaw.net (Blog Author)13279 — Fri, 05 Jun 2009 08:00:00 EST

An elderly man using Poligrip to secure his dentures recently filed suit against the makers, GlaxoSmithKline. He alleged the ingredient Zinc - not listed on the package - is responsible for causing him permanent injuries. The amount of zinc contained in the cream he used regularly for 8 years actually poisoned him. He was diagnosed with neuropathy, which is a nerve disorder. This disorder can be caused by zinc poisoning. Zinc is easily absorbed by the skin and gums. Fixodent, another popular denture adhesive, reportedly also contains zinc. Denture creams and adhesives are Class 1 products, which means the Food and Drug Administration does not require them to list the ingredients on the package. GlaxoSmithKline denies the claims made by the Plaintiff and stands by the safety of its product. The plaintiff, whose damage is permanent, is hoping the manufacturers will at least be required to list ingredients as a result of his suit. The plaintiff has hired a local Personal Injury Attorney to resolve the serious injuries that he suffered.

Can workers' comp claimants in Georgia change doctors?

mparrish@kaufmanlaw.net (Blog Author)13059 — Sun, 31 May 2009 08:00:00 EST

Many workers injured on-the-job in Georgia find themselves questioning whether or not the doctor they selected is right for them. Sometimes it seems like certain medical professionals are on the side of your employer and their insurance company. What does Georgia workers’ compensation law allow you to do in this situation?

You do have the right to change from one doctor to another without any special authorization – as long as the doctors are on the same panel. However you can only do this once. If you don’t like any of the doctor’s on your employer’s panel, then you may need to ask your employer to agree to a different doctor.

If your employer doesn’t allow you to select a doctor outside of their panel of physicians, then you do have the option to petition the State Board of Compensation for a change in physician.

Now, if you are already receiving income benefits from your employer, then you have another option. In this situation you can request an independent medical exam (IME) from a doctor of your choosing – and your employer has to foot the bill. This is an option you can use to get a second opinion, because the new doctor won’t become your regular treating physician, but they can be used to support your request to change physicians.

To speak with an experienced Georgia attorney about your workers’ comp situation, please contact the Atlanta based office of Kaufman Law at (888) 973-2540.

Gainesville Driver Killed in Collision with Horse

blog@www.kaufmanlaw.net (Blog Author)12998 — Fri, 29 May 2009 08:00:00 EST

A horse wandered into predawn traffic on U.S. 129 in Hall County, GA on Thursday morning. Satterfield, 56, of Comer, Georgia struck the horse near the intersection with Gaines Mill Road in Gainesville, GA just before 6 a.m. The horse apparently went through the windshield and into the car, causing fatal blunt force trauma to Satterfield. Because there were no skid marks, it appears Satterfield's car did not slow before colliding with the horse. The horse was hit by another vehicle driving in the opposite direction. The horse and Satterfield were killed as a result of the first collision; fortunately, the second driver was uninjured. The Georgia State Patrol and the Georgia Department of Agriculture are attempting to locate the owner of the horse. Depending on the circumstances of the animal's escape, the owner may have some liability for the accident and injuries it caused. There is no statewide registry for horses and they are not required to be tagged in the same manner as cattle. Identification of the owner may prove difficult and so far, no identification has been made.

Mother and Baby Saved Before Train Hit Van

blog@www.kaufmanlaw.net (Blog Author)12800 — Wed, 27 May 2009 08:00:00 EST

On Monday in Elm Grove, Wisconsina freight train collided with a minivan. The van was stuck on the train tracks as the train approached the intersection. A policeman was able to help the male passenger pull his wife from the vehicle before the impact. The couple's infant was still inside the vehicle as the 94 car train collided with it, knocking the van into the two men. Fortunately, the infant remained unharmed, though the officer and the father were both seriously injured.

Tractor trailer wrecks on I-20 in Cobb County

blog@www.kaufmanlaw.net (Blog Author)12234 — Wed, 20 May 2009 08:00:00 EST

A tractor trailer wreck, on May 15th, 2009, in Cobb County, Georgia caused a big truck to drop its load of steel I-beams on I-20 in Cobb County near Riverside Parkway. The tractor trailer collided with another vehicle during the crash. Cobb County Police reported injuries at the scene. When massive trucks crash, carrying massive loads at highway speeds a huge amount of energy is released. This is often magnified substantially when the point of impact is concentrated on a very small area. It is likely that the injuries are substantially more serious than reported and may cost many thousands of dollars to remedy, not counting the huge cost of property damage. With or without insurance, lives, families, jobs may be damaged resulting from this collision. It is likely that insurance companies will be asked to pay for some of the losses. Although insurance companies are designed to spread risk they spend an inordinate amount of money trying to avoid paying obligations.

Officer Injured in Cobb County

blog@www.kaufmanlaw.net (Blog Author)12235 — Wed, 20 May 2009 08:00:00 EST

An officer was injured and required hospitalization resulting from a car wreck in Marietta, Georgia on May 15th. The wreck took place on Atlanta Road slightly north of Austell road. The two car crash occurred when the Cobb County officer made a U turn on busy Atlanta Road. The officer pulled in front of a Bonneville driven by a 61 year old local Smyrna resident who impacted the police cruiser that was cutting in front of its path. The air bag of the Bonneville deployed resulting from the violent impact of the vehicles. Both drivers were injured. The officer was hospitalized with complaints of injuries to his cervical and lumbar spine. These types of accidents sometime lead to life altering injuries. The officer who was on the job will be able to make a worker’s compensation claim and all of this medical bills and a percentage of his salary should be paid. The officer may have job benefits with supplemental insurance and disability insurance along with a good health policy, if the worst happened, whether he was at fault or not. It is not known if the other driver has any access to the medical system. Often in such situations, a lawyer paid on a contingency fee is the only way to recover for these losses. Police have not decided who was at fault. They are investigating to determine who to blame for the wreck.

Man killed in Collision with big truck

blog@www.kaufmanlaw.net (Blog Author)12236 — Wed, 20 May 2009 08:00:00 EST

A Stone Mountain man was killed on 5-16-2009 when he drove his work van into the rear end of a tractor trailer. The death was investigated by Gwinnett police. The wreck occurred on Stone Mountain Highway in Snellville, Georgia. The driver of the van was taken to Eastside Medical Center with serious personal injuries but he died soon upon receiving emergency medical care at the Emergency room.

In these situations the driver of the vehicle that rear ended the semi tractor trailer can rarely make a claim for injuries against any insurance liability company because he was likely negligent. If he was employed at a company that had at least three employees and he was in the course and scope of his employment then his surviving dependants can make a death claim against the Workers Compensation employer and insurer. While the Death benefits are modest, Workers Compensation insurance may provide some support for his surviving dependants. If he does not qualify for Georgia Workers Comp insurance then his survivors would have to look to their own insurance resources to provide relief.

The police reported no injuries to the tractor trailer driver however the biomechanical realities of even the most simple vehicle collision especially one involving rear end impact often lead to complaints of injuries to the neck and lower back of the lead driver. Depending on the circumstances the tractor trailer driver may have a Workers Compensation claim and personal injury claim if he is injured.

Georgia Consumers Resource Bank

blog@www.kaufmanlaw.net (Blog Author)12237 — Wed, 20 May 2009 08:00:00 EST

Many problems can be solved by calling the correct agency.

Georgia Insurance Department    404-656-2070      WWW.Inscomm.state.ga.us

Governor’s office of Consumer Affairs   404-651-8600

Better Business Bureau 404-766-0875 WWW.bbb.org

Federal Trade Commission     www.ftc.gov

National Do no Call Registry 888-382-1222 www.donotcall.gov

Report telemarketing calls 888-382-1222 www.donotcall.gov

Telemarketing calls to your cell phone:    Tell your cell provider

Pilot Inattention Blamed for Buffalo Crash

blog@www.kaufmanlaw.net (Blog Author)12047 — Fri, 15 May 2009 08:00:00 EST

Pilot Inattention Blamed for Buffalo Crash

The National Transportation Safety Board released a transcript of the conversations recorded in the cockpit of Continental Flight 3407. The February 12th flight ended tragically when the plane crashed into a house in Clarence, NY. The crash killed all 49 people on board and one man on the ground. The transcript detailed banter between captain Marvin Renslow and his first officer Rebecca Shaw which violated federal rules banning nonessential conversation below 10,000 feet. Near the end of the recording, the conversation turned to ice gathering on the windshield and the preparation for landing. A 10:16 p.m., part of the safety system which warns the crew of an impending stall began violently vibrating. An alarm went off in the cockpit. Twenty-nine seconds later the plan plunged into the ground.

Colgan Air, the company operating that flight, has pointed fingers at the pilots. Officials testified neither pilot was ready to respond quickly and appropriately to the stall warning. During their conversation, the pilots failed to notice their speed had dropped. Evidence showed once Captain Renslow received the stall warning as a result of their decreased speed, he reacted incorrectly by pulling the nose of the plane up. The pilots' training is also being investigated, as are other issues such as the plane's response. The results of the impending investigation will determine whether Colgan Air is liable for the actions of its employees resulting in the tragic accident.

Fulton County Car Wreck Results in Death of Passenger

blog@www.kaufmanlaw.net (Blog Author)11972 — Thu, 14 May 2009 08:00:00 EST

Three teenagers were involved in a deadly automobile crash Tuesday on New Providence Road. The 19 year old driver was speeding when he lost control of his pickup truck. The truck flipped twice, ejecting the two passengers. One passenger died at the scene; the other is still hospitalized in serious condition with substantial injury. The passengers were both students at nearby Milton High School in Alpharetta in Fulton County, Georgia. The accident remains under investigation. It appears that all of the passangers and the driver need an attorney to sort out the rights and duties.

Medical Mistakes Unfortunate Reality

blog@www.kaufmanlaw.net (Blog Author)11830 — Mon, 11 May 2009 08:00:00 EST

Alison Young recently reported in the AJC on some alarming medical mistakes in Atlanta area hospitals. She mentions a surgical team at Northside Hospital removing two breasts on a patient instead of the one she consented to, a surgeon drilling into the wrong side of a patient's head at Altanta Medical Center, and doctors performing circumcisions on the wrong babies at Wellstar Kennestone Hospital and Cartersville Medical Center. She offers a few tips to protect yourself such as talking to your doctors to be sure you agree, in advance, what procedures will be performed, reading consent forms and other paperwork carefully, having a designated advocate to help you ask and answer any questions, insisting your doctor marks body parts before surgery, and encouraging the seemingly endless barrage of questions from nurses, doctors, and other staff.

Unfortunately, these steps cannot prevent all instances of medical error. And, as many victims of such medical negligence find out, there is often no practical recourse available. Most instances of medical negligence and error result in damages too small to justify the costs of litigation. Although assuredly , any incidence of medical malpractice that causes physical injury is all too real for those that experience it. In Georgia, you must be able to prove damage to file a medical malpractice suit. The process is lengthy and expensive and unfortunately smaller damages often make cases economically unfeasible for both the attorney and the victim. The best protection the medical industry has to prevent frivilous litigation and insubstantial claims is the victim's lawyer's contingency fee contract. This fee agreement allows attorneys and victims to pursue cases they might otherwise be unable to pursue . Few people can afford to pay a lawyer hundreds of dollars per hour for hundreds of hours and for all of the hyper expensive litigation costs. A competent lawyer cannot take every meritorious case unless it will likely result in a substantial financial recovery. Medical negligence victims find out too late that the system is simply not designed to catch, correct and compensate for the routine errors that occur every day in Georgia hospitals.

Why You Need an Attorney: Campbell v. State Farm

blog@www.kaufmanlaw.net (Blog Author)11732 — Fri, 08 May 2009 08:00:00 EST

A Utah Court found State Farm guilty of committing nationwide fraud and misrepresentation during its handling of claims. In Campbell v. State Farm, the decision noted State Farm's instructions to an investigator to "change his report" to include erroneous information making it appear their insured was not at fault. Evidence of State Farm's "Performance, Planning & Review" Policy which met corporate financial goals by capping claims payouts was admitted in Campbell's bad faith suit against the insurer. $145 million dollars in punitive damages were awarded against State Farm. State Farm set monthly payment caps and rewarded adjusters who paid less than market value for claims. State Farm agents changed the contents of files, lied to customers, and committed other dishonest and fraudulent acts in order to meet financial goals. 65 P. 3d 1134,1148 (Utah, 2001). In particular, these fraudulent practices were consistently directed at persons - poor, racial or ethnic minorities, women, and elderly individuals - who State Farm believed would be less likely to object or take legal action. Id. State Farm then destroyed and concealed documents related to this profit scheme. While State Farm appealed the award of large punitive damages, the U.S. Supreme Court found their behavior dishonest and reprehensible.

Please click the link above to view a more detailed article discussing the Campbell v. State Farm case.

72 Year Old Forsyth County Woman Dies in Collision

blog@www.kaufmanlaw.net (Blog Author)11694 — Thu, 07 May 2009 08:00:00 EST

A 72 year old woman was killed during a head on collision Monday morning on Keith Bridge Road in Forsyth County. Keith Bridge Road was closed for almost two hours Monday morning. Chris Shelton, a traffic specialist with the sheriff's office said the woman was killed when a 1998 Ford Explorer crossed the center line and hit her Chevy Impala. The collision occurred during heavy rain and remains under investigation. The driver of the Explorer, a Cumming resident, was taken to Northeast Georgia Medical Center with undisclosed injuries

Hydroxycut Dietary Supplement Being Recalled After Link to Liver Damage

mparrish@kaufmanlaw.net (Blog Author)11506 — Fri, 01 May 2009 08:00:00 EST

The dietary supplement Hydroxycut has been associated with several very serious liver injuries. The FDA has received reports of 23 health problems related to the liver from users of Hydroxycut. The product is now being recalled by its maker, Lovate Health Sciences Inc.

The reported health prolems include jaundice and elevated liver enzymes. Such symptoms often indicate injury to one's liver. One death has been reported to date. Other symptoms being reported include nausea, vomiting, light-colored stools, excessive fatigue, weakness, stomach or abdominal pain, itching, and loss of appetite, seizures; cardiovascular disorders; rhabdomyolysis, a type of muscle damage that can lead to other serious health problems such as kidney failure.

The FDA is urging consumers to stop using Hydroxycut products immediately, and to consult with their doctor if they are experiencing any symptoms of illnes.

The following prodcuts are being recalled:

Hydroxycut Regular Rapid Release Caplets
Hydroxycut Caffeine-Free Rapid Release Caplets
Hydroxycut Hardcore Liquid Caplets
Hydroxycut Max Liquid Caplets
Hydroxycut Regular Drink Packets
Hydroxycut Caffeine-Free Drink Packets
Hydroxycut Hardcore Drink Packets (Ignition Stix)
Hydroxycut Max Drink Packets
Hydroxycut Liquid Shots
Hydroxycut Hardcore RTDs (Ready-to-Drink)
Hydroxycut Max Aqua Shed
Hydroxycut 24
Hydroxycut Carb Control
Hydroxycut Natural

If you have taken any of these products, stop immediately and consult a doctor if you are experiencing symptoms of illness. At Kaufman Law, we help consumers who are victims of injury from defective drugs. If you have taken one of the above products and are showing symptoms of illness, please call our office.

Death of Eleven Year Old Student May Re-Open Sovereign Immunity Debate

blog@www.kaufmanlaw.net (Blog Author)11302 — Sat, 25 Apr 2009 08:00:00 EST

The suicide death of an elementary school student who was the victim of relentless bullying at Dunaire Elementary School has reopened the debate about sovereign or governmental immunity for public schools. The parents of eleven year old Jaheem Herrera described repeated acts of physical violence as well as emotional and verbal abuse. His mother says she reported the abuse to the school several times, without much being done to remedy the problem. DeKalb County School officials insist they have taken all necessary steps to remove violence and bullying from their campuses. However, other parents have since come forward with similarly disturbing stories.

While it appears that the school may have breached their duty of care, Georgia gives schools and employees immunity from civil liability. The immunity turns on whether the breach of conduct is determined to be related to "ministerial" or "discretionary" duties. In recent years, the court's persistent protection of governmental employees has caused the line between the two to become blurred. The Georgia Supreme Court itself remarked earlier this week in a separate case involving school liability that the distinction was difficult to make. The failure to make such distinction effectively renders virtually blanket immunity to schools and their employees against almost all civil claims. The only recourse is for the Georgia Legislature or the Supreme Court of Georgia itself to remedy the disingenuous interpretation of the rule - or risk further confusing the distinctions and continuing to protect government wrong-doers to the detriment of their victims.

The attitude of public servants has changed in the last six years along with the political environment in Georgia. We now find that some of the employees of government, whether state trooper, teachers or counter clerks feel that the people they serve have become an annoyance and that citizens can be bullied and abused with no consequences to the government workers. Their supervisors protect them and become complicit in the abuse. Certain politicians, known for back door dealing, protect these wrong doers politically, judicially and legislatively. This is analogous to the the medical malpractice arena. When these same politicians limit liability and damages of doctors that negligently hurt patients the abuse gets much worse since there is no incentive to temper the bad conduct. The only way that Georgia can improve the performance of our public servants is to hold them to a standard of conduct that reflects the true attitudes of Georgians.

AAA says we're surrounded by hypocrites on the road

mparrish@kaufmanlaw.net (Blog Author)11279 — Fri, 24 Apr 2009 08:00:00 EST

Are you a good driver? Could your driving habits cause a serious car accident? According to studies at the Automobile Association of America (AAA) Foundation for Traffic Safety, 3 out of 4 drivers think they are a better driver than others on the road. In addition, 78 percent of drivers stated that aggressive drivers were a serious or extremely serious traffic safety problem.

If we believe these numbers, it means the vast majority of drivers on the road are careful, good drivers yet these good drivers are seriously concerned with the smaller number of aggressive drivers. So, either the good drivers are worrying too much or they aren’t as good as they think they are.

The AAA Foundation believes the latter is true. It seems that American drivers practice a little roadway hypocrisy. For all our supposed concern about safe driving practices, AAA found that:

58 percent of drivers admit to speeding up to beat a yellow light
Nearly 50 percent of drivers exceeded the speed limit by 15mpt in the past 30 days
41 percent of drivers have honked at other drivers
26 percent have pressured other drivers to speed up
22 percent admit to tailgating
6 percent of drivers have deliberately run red lights

It looks like we are our own worst enemies. While many people think they are good drivers, the statistics point out that we may be kidding ourselves. If you’ve been in a serious car or truck accident, you may agree – was the driver who hit you in denial about his or her role in causing the accident? It seems that many people just don’t want to accept that they have a lot to learn on the road.

You can read more about aggressive driving in our law library article “Aggressive driving is major cause of car and truck accidents”.

Angels Pitcher Nick Adenhart, 2 Others Killed by Drunk Driver

mparrish@kaufmanlaw.net (Blog Author)11231 — Thu, 23 Apr 2009 08:00:00 EST

Hours after pitching the best game of his brief career, Los Angeles Angels rookie pitcher Nick Adenhart and two friends were killed in a car wreck. Andrew Gallo, 22, was charged with three counts of murder and drunken driving. He was driving a minivan and ran a red light, striking Adenhart's vehicle and forcing it into a lightpole. One passenger in the vehicle is expected to survive. Gallo's blood alcohol level was more than three times the legal limit. He is facing 55 years to life in prison if convicted on all counts.

The three killed were all less than 25 years old. This tragedy is all too common. If you have been injured by a drunk driver anywhere in Georgia, let us help you get your life back on track. Call us today at 888-WRECK-404 (888-973-2540)

Tom Glavine Resting Rotator Cuff Strain

mparrish@kaufmanlaw.net (Blog Author)11233 — Thu, 23 Apr 2009 08:00:00 EST

Braves pitcher Tom Glavine has been diagnosed with a strained roator cuff and is resting his shoulder in the hope of returning to the Braves this season. Fortunately, the MRI performed did not show any a torn rotator cuff, which likely would require surgery.

Many victims of negligence strain or tear their rotator cuffs. Most often, this type of injury is seen when one is hurt on the job, but it also occurs in car wrecks, truck wrecks, motorcycle wrecks, and slip and falls. Oddly enough, the insurance industry recognizes this type of injury and its effects for sports stars, but not for injured workers and accident victims.

If you have been injured in Georgia, let us protect your rights. We have been practicing in the metro Atlanta area for more than 30 years. Call us today at 888-WRECK-404 (888-973-2540).

Who will be the next victim of the Georgia DOT's poor signage?

mparrish@kaufmanlaw.net (Blog Author)11147 — Tue, 21 Apr 2009 08:00:00 EST

Two years ago seven people were killed in a tragic Atlanta bus crash. The infamous Bluffton bus crash happened March 2, 2007 when a charter bus carrying university baseball players from Bluffton, Ohio plunged 19 feet off of an Atlanta highway overpass.

The National Transportation Safety Board (NTSB) investigated the crash, and made three main conclusions. They found that the crash occurred and resulted in so many fatalities because:

The driver mistook the HOV-only left exit ramp to Northside Drive as the southbound I-75 HOV through lane
Georgia DOT failed to install adequate traffic control devices to identify the separation and divergence of the aforementioned ramp and lane
The bus lacked an adequate occupant protection system.

Two years later the Georgia Department of Transportation (DOT) has failed to remedy the factors that contributed to that terrible accident. What is shocking is that another bus – this one carrying high-school band members – was nearly involved in a fatal crash at the same location earlier this month.

The Georgia DOT installed some of the new signs that were budgeted for after the fatal Bluffton crash, but not all had been installed when the latest accident was averted. According to the DOT, the signs will not be installed until the summer.

The driver of the recently averted crash credits some of the new lights with saving his vehicle from a tragic accident. We can only hope that no other motor vehicle drivers are confused by the ramp and lane signs (or lack thereof) and experience a similar fate before the DOT gets those remaining signs installed.

Cagle Drops Out of Race for Governor

blog@www.kaufmanlaw.net (Blog Author)10977 — Wed, 15 Apr 2009 08:00:00 EST

Earlier this afternoon, Lt. Gov. Casey Cagle announced that he was dropping out of the race for governor of Georgia . He read from a prepared statement and cited a shoulder and neck injury. Although he's had this injury for several years, it had progressed to a particularly painful point during the 2009 session. The injury even resulted in some paralysis and will now require surgery.

Cagle discussed his degenerative spinal condition in his statement. He mentioned that the pain led to numbness in his arm and was diagnosed as "serious nerve and bone problems and a degenerative spinal condition." The condition requires immediate surgery and a potentially extensive post-operative healing period. Cagle also noted that the odds of full recovery were high.

Nerve and spinal injuries such as the Lieutenant Governor's affect many Georgians. Many accident victims are living with similar pain or enduring surgery and extensive therapy to correct it. As the Lt. Gov. mentions, treatment of injuries like this can require a full-time commitment and routinely impact personal and professional ambitions.

While his exact diagnosis is not known the symptoms sound like a herniated disc. This is an injury that many Georgians suffer. It is very painful and can ususally only be repaired by surgery. The Lt. Govorner is very lucky to have been provided an excellent insurance policy to pay his medical expenses. He may also have insurance to pay for his lost income, which may be substantial. Many Georgians who are injured at work, in a car and in fall downs have not been as lucky as the Lt. Govorner and can not afford the medical treatment or even pain killers. They must suffer with no real hope of escape from pain, but often have families and young children and must work anyway in spite of grueling pain. The Lt. Governor had tears in his eyes while announcing his withdrawal from the race. This can only make you wonder what desperate thoughts go through the minds of those who suffer herniated discs with no resouces at all.

Lt. Govorner Cagle presides over the Georia Senate which is institutionally antaganistic to many persons who are injured or killed by the negligence of others. One can only wonder now if he might have a battle field conversion on his thoughts reguarding injured people.

Atlanta Area Wrecks Kill One, Injure Other

blog@www.kaufmanlaw.net (Blog Author)10929 — Tue, 14 Apr 2009 08:00:00 EST

A two car collision in Midtown Atlanta, Georgia on Tuesday killed 27 year old Timothy Milton, Jr. of College Park , Fulton County. The wreck occurred on Peachtree Street and Third Street Tuesday evening. Two other men were injured as one vehicle slammed into a large oak tree. The wreck was investigated by Atlanta Police. They investigated the crash site, took witness statements and called for emergency services.

In an unrelated incident, a man and a six-month old infant were hospitalized Wednesday following a head-on collision in Fairburn , Gerogia located in Fulton County Georgia . Two sedans collided at approximately 11 a.m. at the intersection of West Campbellton Road and Ga. 92. Seven people were involved, although only two were hospitalized. The infant was emergency airlifted to Children's Healthcare of Atlanta at Egleston Hospital in Dekalb County and no update of his condition was available as on Wednesday night. It is highly likely that other involved occupants of the vehilces were injured.

Pedestrian Crossing Roswell Road Injured

blog@www.kaufmanlaw.net (Blog Author)10930 — Tue, 14 Apr 2009 08:00:00 EST

Irma Morales-Perez was injured while trying to cross Roswell Road in Sandy Springs, Fulton County , Georgia. She was struck at approximately 7 a.m. near the intersection of Roswell Road and Long Island Drive. Ms. Morales-Perez was crossing about 300 yards from the closest crosswalk when she was hit by an SUV driving in the center turn lane. She was taken to Grady Memorial Hospital in Atlanta with severe head injuries. The driver of the SUV was cited for driving without a license and transported to Doraville's city jail. Georgia law requires drivers to stop and allow pedestrians to cross the roadway within a crosswalk. Georgia law also prohibits pedestrians from entering the path of a vehicle which is too close to yield to them. Following these rules will lead to safer pedestrian crossings and fewer injuries. Pedestrians should use established crosswalks whenever possible . While a pedestrian has a duty to cross at the cross walk that duty might be lessened by the distance from the pedestrian must walk merely to cross the street. That particular stretch of Roswell Road has very many such pedestrian crossings so there are issues of custom and use. The SUV driver may have had knowledge of the many pedestrian crossings there on Roswell Road. Roswell road is a major road in the metro Atlanta area and it would be difficult for insurance companies to claim that the SUV driver could not see pedestrian due to the fact that she made it all the way to the middle lane of the large road. A driver is required to see obvious objects in front of him. Additionally, the SUV driver may have been using the center lane improperly as it may only be entered immediately prior to leaving the roadway and it is not permitted to use the center lane for travel or as an entrance ramp.

Drop in Trauma Funding Puts Lives on the Line

blog@www.kaufmanlaw.net (Blog Author)10787 — Thu, 09 Apr 2009 08:00:00 EST

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.

Spring Break Eases Traffic Crunch

blog@www.kaufmanlaw.net (Blog Author)10712 — Tue, 07 Apr 2009 08:00:00 EST

This week, traffic started out with an unusual calm. Today marks the beginning of Spring Break in Atlanta, a blissful week of easier-than-usual commuting. Thirteen metro counties had hundreds fewer crashes during the past five spring breaks than in the weeks immediately before and after. Last year 3,000 fewer cars were parked in 15 downtown and midtown lots. Even MARTA reports a small drop in traffic. Catherine Ross, director of Georgia Tech’s Center for Quality Growth and Regional Development says people actually look forward to this week every year and the unexpected flexibility it brings. If you’re one of the unfortunate few who experiences a serious car wreck this spring break, call our office at 888-WRECK-404 for a free initial consultation.

I-75 HOV Signs Not Up 2 Years After Crash

blog@www.kaufmanlaw.net (Blog Author)10713 — Tue, 07 Apr 2009 08:00:00 EST

Two years after the tragic bus accident involving the Bluffton University baseball team, new and improved signs marking the HOV exit onto Northside Drive from Interstate 75 are still not in place. David Spear with the Georgia Department of Transportation told the AJC the footings for the signs had just been finished and the project is expected to be completed by the summer.

Just last week, two buses made the same mistake as the Bluffton bus driver. Fortunately, both drivers were able to recognize their error and brake at the top of the ramp. The first bus, however, was ticketed for attempting to turn around in a narrow parking lot and obstructing traffic. Driver Rick Obertein said he could see how easy it is to assume the ramp is a through-way; the stop sign not visible until almost too late.

After the National Transportation Safety Board issued a harsh condemnation of the GDOT’s signs at this location two years ago, the agency resolved to improve their signage there and elsewhere in Metro Atlanta. A $3 million dollar project will put new and brighter signs at all eight HOV interchanges with left sided exits. The state has already put in pavement markings more clearly identifying the ramp as an exit.

Fortunately, the two buses last week were able to avoid the same tragic accident despite GDOT’s failure to significantly improve the interchange.

Highway Deaths Fall Due to Recession

blog@www.kaufmanlaw.net (Blog Author)10725 — Tue, 07 Apr 2009 08:00:00 EST

Preliminary figures released today show that U.S. highway deaths in 2008 fell to their lowest levels since 1961. The recession and $4 per gallon gas helped cut that number, as did increases in seat belt use, strict enforcement of drunk driving laws, and work by advocacy groups. 37,313 fewer people died in motor vehicle crashes last year. That number represents a 9.1% drop from the year before. Adrian Lund, president of the Insurance Institute for Highway Safety noted that the silver lining in a bad economy was that fewer people had somewhere to drive. The number of miles driven also decreased last year, a marked departure from the trend in recent years. Also in 2008, seat belt use climbed to 83 percent across the nation. In Georgia, that number was 89.6 percent. As awareness increases and our need to drive decreases, we can continue this trend by exercising the precautions that helped create it.

These figures raise a few observations:

Georgian use seat belts 89.6 percent of the time. So, why is there a constant drumbeat in the Georgia Legislature to reduce insurance company risk with new seat belt laws that help insurance companies? This exposes another attempt to enrich Insurance Industry interests paid for by the public. The proposed Seat Belt legislation in Georgia is designed to reduce insurance company payouts for injury claims. Not surprisingly there is no proposal to reduce the insurance premiums of the citizens of Georgia. The proposed legislation creates dangerous new defenses for the insurance industry which are designed to prevent some injured victims from having a fair trial. It is clear why the insurance industry wants to have ever greater advantage in court. What is not clear is the ease with which the insurance industry has it's way with certain elected officials in Georgia Government. One day the truth will reveal how those sweetheart accommodations are made and just which politicians are involved. It is clear that the legislation almost never benefits the average Georgian. What is not yet clear is just what are the politicians getting out of the relationship.

Highway deaths were the lowest on record since 1961. There have been no reduced premiums to reflect huge insurance company savings. The number of miles driven has reduced dramatically making our roads safer. The insurance companies have saved a fortune but won't reduce premiums. How do they get away with that?

Text-Sending Driver Sentenced

blog@www.kaufmanlaw.net (Blog Author)10677 — Mon, 06 Apr 2009 08:00:00 EST

Text-sending Driver Sentenced

Deborah Matis-Engle, a California woman, was sentenced to six years in prison. Prosecutors showed that Matis-Engle was speeding and paying bills on her cell phone when she crashed into a line of stopped vehicles. One of the vehicles burst into flames as a result and killed 46 year old Petra Winn.

As accidents caused by drivers using cell phones and texting become more frequent, it appears harsher penalties may be in store. Georgia is just one of many states considering bans on texting while driving for teenagers. Other states are banning the use of handheld cell phones for all drivers, regardless of age or experience. A Carnegie-Mellon study showed that drivers simply talking on cell phones were almost as impaired while driving as intoxicated drivers. Stories like Ms. Matis-Engle's remind us all to be more cautious and vigilant while driving. No phone call or text is important enough to risk serious injury to yourself or others or potential jail time.

Cell phone use and Texting while driving has become a large area of liability and injury law. Many wrecks, small and large, are caused while using the cell phone or texting. Such use of this technology can create not only damages against the cell user for pain and suffering but also punitive damages resulting from risky behavior that jurors know is dangerous. Jurors can be invited to express their indignation that drivers would risk your safety and the safety of drivers on community roads in order to send a message to the offending driver not to act dangerously in the future.

Injuries resulting from texting while driving are often severe since such careless drivers often hit cars stopped in traffic at full speed and without breaking. We often see serious injuries such as herniated disks and fractured vertebrae in these type of injuries. Often we see broken ribs, damages knees and even crushed femurs resulting from the negligent act of texting while driving.

If you have been injured by the negligence of a driver who was texting or on a cell phone while driving call Kaufman Law, P.C. at 1-888-WRECK-404

Call us, we can help you.

NY Times Studies Workers' Comp Fraud

blog@www.kaufmanlaw.net (Blog Author)10514 — Wed, 01 Apr 2009 08:00:00 EST

The New York Times spent 18 months researching the Workers' Compensation Board in New York. They uncovered a system frought with unnecessary delay and improper - even fraudulent - denials of legitimate claims. Although some officials complain of rampant fraud by workers, no data on potentially fraudulent claims has even been collected. The process in New York routinely results in workers waiting four or five months for the first hearing, often not receiving medical treatment or lost wages in the interim. Even doctors treating injured workers complain about the length of time their patients' cases take. Dr. Fayngersh of Brooklyn reported 41 bills from a single case remained unpaid by the workers' compensation carrier more than a year after treatment.

In Georgia Workers' Compensation cases, many insurers use the IME, or independent medical examination, to try to weed out fraudulent claims. However, it is sometimes a vehicle perpetrating faud on the insurer's part. The article exposes similar insurance company influence in New York over the workers' comp system as in Georgia. The Workers' Comp Board itself is the only institution that can prevent fraud in the system. Yet, the Fraud Unit of New York seems to focus on non-premium paying employers. This focus makes it a revenue tool, not a policing power. The system in Georgia and metro Atlanta seems to work similarly. Perhaps there may be more fraud in our system than officially recognized. Fortunately, the NY Times article also provides some helpful tips for claimant's attorneys engaged in the appeals process.

Are mentally ill patients a danger in your nursing home?

mparrish@kaufmanlaw.net (Blog Author)10360 — Fri, 27 Mar 2009 08:00:00 EST

It is a dilemma that faces thousands of families across the country: what to do with their mentally ill family member who is unable to care for him or herself? Over the last few years it seems that the answer has been to put the person into a nursing home and hope for the best.

Unfortunately, according to a troubling report from the Associated Press, the rising number of mentally ill patients in nursing homes across the country is resulting in terrible crimes against older and often frail residents. The AP documented several cases of murder or rape against elderly residents, perpetrated by patients suffering from mental illness.

Federal law prohibits nursing homes from admitting mentally ill patients unless the State determines that the patient requires the high level of care that a nursing home can provide. Despite this law, more and more states are screening patients suffering from mental illness and agreeing to place them in nursing homes.

But why are the numbers rising so drastically now? It seems that more and more state mental institutions have had to close their doors, and that coupled with a shortage of space in psychiatric hospitals has left seriously mentally ill patients with nowhere to go.

Putting elderly nursing home residents together with patients suffering from mental illness is also an economic solution that many states find attractive. If the percentage of mentally ill residents in a nursing home stays under fifty percent, the federal government will pay for residents care under Medicaid. If the number of mentally ill residents rises above fifty percent, the nursing home would be classified as a mental institution and would not receive Medicaid.

Unfortunately, once a mentally ill patient is admitted to a nursing home, it can be difficult to get them out if trouble ensues. All of this is a recipe for disaster for frail and elderly nursing home residents looking for a quiet place to live out their final years.

Alpharetta Cops Apprehend Wrong Way DUI Driver Overnight

blog@www.kaufmanlaw.net (Blog Author)10335 — Fri, 27 Mar 2009 08:00:00 EST

Alpharetta Police finally corralled a wrong-way DUI driver overnight. The high-speed chase ended when Thomas Lackey wrecked his car while traveling in the wrong lane on an Alpharetta road. When officers approached his vehicle, Lackey apparently asked the officer to shoot him. Instead, Alpharetta police officers took him into custody, ending the chase which had reached speeds in excess of 130 miles per hour.

The incident began when officers pulled Lackey's Mercedes over on Windward Parkway at approximately 1:45 a.m. Lackey continued on to Ga. 400 Southbound instead of stopping for the officer. He exited onto Old Milton Parkway and began driving west in the eastbound lanes. He struck a police vehicle before hitting a tree in the median.

Alpharetta Police Spokesman George Gordon reported that Lackey was charged with driving under the influence, fleeing and eluding, aggravated assault by motor vehicle, and resisting arrest, in addition to other minor traffic citations. Fortunately, no one else was injured during either the high speed chase or the eventual collision.

It is clear that the driver breached standards of care imposed by Georgia law. Still, based on the facts that we have here, it looks like there will be no case for negligence since there is no indication of any injury other than to the DUI driver. All claims in negligece must show at a minimum that the person at fault breached a duty of care to the person that was injured and an expert establishes that the injury resulted from the negligence.

AMA Suit Alleges Scheme to Underpay Doctors

blog@www.kaufmanlaw.net (Blog Author)10317 — Thu, 26 Mar 2009 08:00:00 EST

The American Medical Association joined several other medical societies in filing a lawsuit against WellPoint, Inc in a Los Angeles federal court. The suit alleges that insurer WellPoint conspired to use a database maintained by Ingenix, Inc. to set artificially low reimbursement rates, leaving a higher balance for patients. Similar suits have been filed against Aetna, Inc and Cigna Corp.

Pedestrian Prevails in Court

blog@www.kaufmanlaw.net (Blog Author)10320 — Thu, 26 Mar 2009 08:00:00 EST

44 year-old Czech national Roman Sikora was walking to his home in Gwinnett County after a night of drinking. He decided it was safer to leave his car walk the two miles home at approximately 9 p.m. Nanette Wein, driving her granddaughter from a movie at the local mall, and struck Sikora. After turning down a nominal offer by the defense, Sikora went to trial before Senior Magistrate Judge Laura Tate. When the jury appeared hung after eight hours of deliberation, Judge Tate ordered them to reach a consesus. Although jurors questioned the extent to which Sikora himself was responsible for the accident, it appears they felt Wein should have seen him and been able to avoid the collision.

"Dear Abby" Reminds Us of the Value of Caretakers

blog@www.kaufmanlaw.net (Blog Author)10277 — Wed, 25 Mar 2009 08:00:00 EST

A "Dear Abby" column took up the issue of pay for Stay At Home Moms. A submission to the column asked for a breakdown of the value of a stay at home mom, prompted by a son's assertion that "all his mother does is stay at home." As many of us understand more fully the older we get, our mothers and caretakers are both under-appreciated and under-paid! Jeanne Phillips (as "Abby") used a 2006 article from Salary.com to provide the following breakdown. Stay at home moms work an average of 91.6 hours a week, worth an estimated $134,121 a year. That figure included job duties such as housekeeping, laundry, psychologist, and CEO. The salary works out to around $28.16 an hour. While we all know the love and care of our families is priceless, we'd do well to remember the full value of the services they provide as well.

Plane Crashes in Montana

blog@www.kaufmanlaw.net (Blog Author)10280 — Wed, 25 Mar 2009 08:00:00 EST

Last week, a private plane crashed in Montana. The plane was carrying a group of adults and children from California to a ski resort in Montana. The plane attempted a landing in Butte, but was unsuccessful. All on board were killed in the crash. The plane took off from Oroville at approximately 11 a.m. Pacific Time for the 700 mile flight to Bozeman Montana. With an estimated 14 to 17 people on board, the pilot canceled the flight plan and headed toward Butte instead. The plane crash landed about 500 feet west of the Bert Mooney Airport at 3:26 p.m. Mountain Time. It is not clear exactly what prompted the change in flight plan or the eventual crash. While the plane was equipped to seat 12, F.A.A. spokesperson Les Dorr said that at least 14 people were on board. It is still unclear whether that over-capacity contributed to the crash.

Sunday Accident Kills Driver in DeKalb

blog@www.kaufmanlaw.net (Blog Author)10197 — Mon, 23 Mar 2009 08:00:00 EST

A pick-up truck flipped at Spaghetti Junction on Interstate 85 on Sunday morning. The collision killed the driver of the pickup and blocked traffic on the highway for several hours. At approximately 7 a.m. the Dodge Ram pickup, towing a small trailer, made a sudden move in what appeared to be an attempt to exit onto Interstate 285 Westbound. No other vehicles were involved.

Are unproven back injury treatments draining workers' comp funds in Georgia?

mparrish@kaufmanlaw.net (Blog Author)10127 — Fri, 20 Mar 2009 08:00:00 EST

Back pain is a serious issue for many workers in Georgia. Nationwide, lumbar injuries result in approximately $149 million in lost work days per year. As a result, businesses are estimated to lose $28 billion each year from lost productivity.

Sure, businesses lose out, but think of all the workers suffering from serious back injuries. Workers who sustain a back injury on the job and are unable to work may need to file for workers’ compensation. In fact, 25 to 35% of workers’ compensation costs are thought to be related to back pain.

Why are the costs for workers’ back injuries so high? A recent study reveals that health professionals may be acting too aggressively to treat their patients’ lumbar injuries. The study revealed that while spine-related expenses shot up 65 percent from 1997 to 2005, there is no evidence that the outcome for those suffering from back pain is any better.

So, not only is more being spent to treat back injuries but it isn’t doing patients any good. What does this mean for workers? Think about it – if workers’ comp insurance has to pay for unnecessary treatment, it just means there is less money to go around. You could also suffer through painful, unnecessary procedures that could make it more difficult to return to work. Make sure you get the facts before you submit to any unnecessary or unproven treatments for your work related back injury.

Gwinnett Toddler Drowns in Babysitter's Pool

blog@www.kaufmanlaw.net (Blog Author)10121 — Fri, 20 Mar 2009 08:00:00 EST

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.

Three County Chase Leads to Injury in DeKalb

mparrish@kaufmanlaw.net (Blog Author)10099 — Thu, 19 Mar 2009 08:00:00 EST

What started as a robbery of a CVS in Henry County yesterday lead to an injured motorcyclist in DeKalb County. Police say that a man robbed the CVS Pharmacy and then began to head north on I-75. Unfortunately, he was in the southbound lanes of traffic when he did so! The suspect injured a motorcyclist during his escape. He was then spotted by Clayton County police on I-285 (going in the right direction this time). Clayton County officers pursued him all the way to DeKalb County. The suspect wrecked his own vehicle in DeKalb, and then fled on foot. He is still at large. The injured motorcycle driver was transported to Grady Memorial Hospital, and his condition is unknown at this time.

Motorcyclist Killed In Wreck

mparrish@kaufmanlaw.net (Blog Author)10101 — Thu, 19 Mar 2009 08:00:00 EST

A fatal accident occurred yesterday on Delk Road and Franklin Road in Smyrna. Officials say Steven Holder, 24, of Marietta, lost control of the 2000 Yamaha motorcycle he was driving and struck another vehicle. Holder was transported to Wellstar Kennestone Hospital, but was pronounced dead on arrival. His motorcycle struck another vehicle, but there is no word on any injuries to that driver.

Botanical Gardens Subcontractor Having More Problems

mparrish@kaufmanlaw.net (Blog Author)10108 — Thu, 19 Mar 2009 08:00:00 EST

Pioneer Concrete Plumbing Service, Inc. was involved in last year's tragic collapse of a skywalk which was under construction at the Atlanta Botanical Gardens. Evidently, that was not the only workplace accident they have been involved in.

They are being sued by Juan Manuel Cuevas in Cobb County over another workplace accident in 2007. Mr. Cuevas was working for Mark's Foundation, Inc, which has joined him in this suit. A Pioneer employee was working with Cuevas in Woodstock, Georgia. Cuevas was knocked off a wall and injured. Unfortunately, under Georgia Workers' Comp Law, Cuevas will be limited to recovering money for medical expenses and lost wages. Even more unfortunate, Mark's Foundation will be seeking to recover the benefits it paid to Cuevas. So while the workers' comp insurance companies use Cuevas to recover money they have paid, the injured employee may be left with nothing.

DeKalb Woman Stabbed While Jogging

blog@www.kaufmanlaw.net (Blog Author)10073 — Wed, 18 Mar 2009 08:00:00 EST

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.

Georgia Considers Increased Fines for "Superspeeders"

blog@www.kaufmanlaw.net (Blog Author)10030 — Tue, 17 Mar 2009 08:00:00 EST

In 2007, 384 Georgians were killed in speed-related wrecks. In response, Governor Purdue has introduced "Superspeeder" legislation designed to target the worst speeders. Under the proposed legislation, a fine of up to $200 could be levied against drivers who refuse to change their high-risk behavior. Higher reinstatment fees and driving course requirements could face drivers with repeated suspensions for excessive points on their license.

Critics argue this is nothing more than revenue-generating legislation. The funds are slated to go to Georgia's trauma care network. At least 60% of the trauma cases involve victims of motor vehicle collisions. Bob Dallas, director of the Governor's Office of Highway Safety cites studies showing that for every 10 mile an hour increase in speed, the energy released in a crash doubles. Here, we support any measures that will improve the safety of our roads and highways.

Midtown Attack May Lead to Renewed Interest In Hate Crime Laws

blog@www.kaufmanlaw.net (Blog Author)9996 — Mon, 16 Mar 2009 08:00:00 EST

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.

Georgia is one of only five states without hate crimes legislation. Officials said they expect a renewed push to enact hate crimes laws in the wake of this incident. For his part, Evans has already scheduled meetings with several advocacy groups in the area, including Georgia Equality and the Human Rights Campaign.

At Kaufman Law, we work to repair the damage done in such attacks - regardless of the underlying reasons for the attack. Mr. Evans was injured on the property of another and may have a potential negligent security case. We certainly hope he recovers quickly from his injuries. If you've been injured in a similar situation, attacked, beaten, or even raped on the property of another, call us 24 hours a day/7 days a week to schedule a FREE consultation to discuss your legal rights at 1-888-WRECK-404.

Red Light Cameras Too Costly?

mparrish@kaufmanlaw.net (Blog Author)9930 — Fri, 13 Mar 2009 08:00:00 EST

In what could be the beginning of a countywide or statewide pattern, several cities in Gwinnett County (Duluth, Lilburn, Norcross, Snellville, and Suwanee) have either already suspended the use of red-light cameras at intersections, or have future plans to eliminate them completely. The cities say that the cameras are working. Accidents and citations have decreased since implementation of the cameras. However, the cities are losing money as a result of fewer citations, and cannot afford to continue the use of the cameras. Typically, the service costs a city over $1,000 per day.

Another reason citations are down is a new state law recently passes which added a second to the yellow phase at all camera intersections.

These cities are not likely the only ones that will face these budgetary issues. The effectiveness of red-light cameras could prove to be their downfall.

Man Shot at Gas Station, Woman Attacked in Apartment Complex

blog@www.kaufmanlaw.net (Blog Author)9914 — Fri, 13 Mar 2009 08:00:00 EST

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.

Two Athens Teens Killed in Car Wreck

blog@www.kaufmanlaw.net (Blog Author)9917 — Fri, 13 Mar 2009 08:00:00 EST

Over the weekend, two Cedar Shoals High School students were killed in a car accident. For an unknown reason, their vehicle crossed the median and hit an SUV head-on. The vehicle then burst into flames. The Georgia State Patrol responded and found one fifteen year old injured, but alive. The crash killed Robert Burgdoff and Kenneth Davis, best friends who were both just 16. The crash occurred on the Athens Perimeter near the exit to Highway 441. The cause of the accident was unknown, although the trooper suspected that speed may have played a role. A memorial service was held for the two boys at Cedar Shoals High School yesterday. Students remembered the friends as caring, fun to be around, and always able to make them smile.

We at Kaufman Law handle similar car accident , bus accident, or tractor-trailer cases. While we hope that the injured heal quickly, we know that unfortunately that is all-too-often not the case. If you have been injured in a car accident and have questions for an experienced metro Atlanta injury lawyer, please call our office at 888-WRECK-404 (888-973-2540). Our caring and competent staff is available to assist you 24 hours a day, 7 days a week.

Two Women Killed in Car Crash in Dacula

blog@www.kaufmanlaw.net (Blog Author)9886 — Thu, 12 Mar 2009 08:00:00 EST

On Monday two women were killed in Dacula after their car careened off the road and crashed into an embankment. Gwinnett County police reported that neither woman was wearing her seatbelt at the time of the accident. The accident occured on Alcovy Road near Ewing Chapel Road. The white BMW went airborne and flipped several times after slamming into the embankment. Demetra Lamb, 55, of Lawrenceville and Ellen Locklear, 74, of Dacula were both ejected from the vehicle. They were transported to Gwinnett Medical Center were they died from injuries sustained in the wreck. The investigators had not yet identified the cause of the accident.

Teacher Injured with Sulfuric Acid Has Workers Comp Claim

blog@www.kaufmanlaw.net (Blog Author)9844 — Wed, 11 Mar 2009 08:00:00 EST

A Kennesaw Mountain High School teacher was injured after a causig a chemical spill Tuesday morning. The Cobb County teacher was carrying a bottle of sulfuric acid which accidentally fell to the floor of the prep room adjacent to the classroom and spilled. The acid splashed into the teacher's eyes causing minor irritation. The teacher was transported to Wellstar Kennestone Hospital for treatment and released the same day. Fortunately, none of the 7 students in the classroom during the incident were injured. Almost 200 students in classrooms nearby had to be evacuated during clean up.

Workers' Compensation allows those injured on the job, regardless of any potential negligence on the employee's part, to recover for the cost of their medical bills, any lost wages, and a settlement related to any permanent disability resulting from those injuries. Although reports indicate no negligence on the part of the teacher, he or she would still have a valid claim regardless. Workers' Compensation law can be very complex, especially if serious or permanently disableing injuries are involved. You must follow certain guidelines when making your claim and usually you must receive treatment from a selected list of medical providers. Failure to follow these guidelines can result in your claim being disbarred. You can contact our office 24 hours a day, 7 days a week for a free consultation regarding your rights under Workers' Compensation law.

Henry County Boy Found Dead in Sludge Tank

blog@www.kaufmanlaw.net (Blog Author)9846 — Wed, 11 Mar 2009 08:00:00 EST

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.

Defendant Driver Wins Case in Gwinnett County

blog@www.kaufmanlaw.net (Blog Author)9797 — Tue, 10 Mar 2009 08:00:00 EST

A Gwinnett County jury declined to hold a driver responsible for a collision with three pedestrians on Beaver Ruin Road back on November 27, 2005. The collision occurred at approximately 9 p.m. as Eriberta Mota attempted to cross the busy street with her two young children, 3 year old Aldair Hernandez and 2 year old Miguel Angel Jaimes. The driver, Yoonhae Lee, claimed that she did not see the family crossing in the middle of the street until it was too late. 3 year old Aldair Hernandez was killed and both Mota and Jaimes were injured.

The case was tried in Gwinnett County Superior Court before Judge Mark A. Lewis. David Naylor of Finch McCranie represented Mota in the wrongful death case on behalf of Hernandez and J. Robb Cruser of Cruser & Mitchell represented Ms. Lee and her insurer, GEICO. The jury deliberated for only two and a half hours before returning a defense verdict.

Cruser's interviews of jurors after the trial led him to believe that they found the mother, Mota, responsible for the colllision as well as the driver, Lee. Georgia has a contributory negligence rule where if the plaintiff is equally to blame for the accident, they cannot recover anything from the defendant for their injuries. Naylor felt that the jury may have portioned the blame at 50-50 in this case.

Pedestrian cases can be complex and are heavily dependent on the individual facts in a given case. Evidence may be lost more quickly than with a collision between two vehicles. It is important to contact an attorney promptly if you've been injured in any type of car wreck, but potentially more important if you were a pedestrian. Kaufman Law, P.C. has experience handling cases on behalf of those injured as pedestrians, even if they've received a citation. Call us 24/7 or use the contact form above to request a free consultation to discuss your legal rights.

Atlanta Couple Killed In Wreck with MARTA and Pick-Up

blog@www.kaufmanlaw.net (Blog Author)9755 — Mon, 09 Mar 2009 08:00:00 EST

A speeding pick-up truck clipped a MARTA bus, became airborne and landed on another car in a southwest Atlanta intersection Friday night. The collision killed the husband and wife in the car. Atlanta police and firefighters responded at approximately 7:20 p.m. to the crash at Cascade and Beecher roads involving four vehicles.

The 1999 Dodge pickup was speeding down Beecher in the southbound direction. He was driving on the wrong side of the road, speeding, and then ran the red light at the intersection. The pickup then clipped the front of a MARTA bus and crashed down on the 1996 Chevy Cavalier occupied by William and Gay Culp.

The driver of the pickup was identified as Christopher Smarr. He was taken to a nearby hospital in stable condidtion. Criminal charges are pending as the cause of the incident is investigated. Alcohol does not appear to be a factor, police said on Friday evening. No other cause is currently known.

Atlanta Cousins Take Rental Care on Joyride

blog@www.kaufmanlaw.net (Blog Author)9680 — Fri, 06 Mar 2009 08:00:00 EST

An 8 year old Atlanta boy and his 7 year old cousin took the keys the 2009 Dodge Caliber the boy's mother was renting and decided to give it a test drive down their street. After hitting several mailboxes and damaging the car, the 7 year old apparently began offering instructions on how to use the brakes. When Officer J. Chambers arrived after receiving paniced phone calls from neighbors, he found the car damaged and "badly parked" in the driveway. The boy's mother declined to press charges and said she will discipline the boy herself. Officer Chambers estimated the damage to the vehicle at around $3,000. This does not include the damage to neighboring mailboxes and property.

While we all shake our heads and wonder what these kids were thinking (and where the adult supervision was), another important question arises. What would you do? Does your car insurance cover such an incident? No accident case is simple; there are always a unique set of facts. From who was driving, to where they were driving, to the specific coverages and exclusions in applicable insurance policies, contingencies arise every day that many people never anticipate. For example, depending on the policy language of the mother's insurance policy and the rental contract she signed, she may personally be responsible for the damage to the car. Would your insurance policy pay or would you be on the hook for $3,000? Would it make a difference if your son was 16 and had a license before he took the car for a joyride? What if the mother had pressed criminal charges? These types of questions are important ones to answer BEFORE an accident occurs. It's important to understand exactly what your policy does and does not cover so you don't incur risks you didn't intend. Request a copy of your policy today and talk with your insurance agent. And of course, keep your keys away from your kids!

GOP Losing on Tort Reform Issues

blog@www.kaufmanlaw.net (Blog Author)9689 — Fri, 06 Mar 2009 08:00:00 EST

Already two-thirds into the 2009 General Assembly, one component of Governor Perdue's call for broader Tort Reform has been scaled back. Another has been rejected in committee. The House rejected a bill allowing seat belt use to be admitted into evidence in car wreck cases. The "Loser Pays" reform was dropped from the bill. The protection propsed for drug companies moving their headquarters into Georgia was also rejected by the committee. These "defeats" are mainly the result of intense pressure by the plaintiff's bar and consumer watch groups in Georgia. As more information about how the Governor's proposals would impact ordinary Georgia citizens got out, support for the measures seems to have lost some steam.

Shooting Victims May Have Negligent Security Case

blog@www.kaufmanlaw.net (Blog Author)9690 — Fri, 06 Mar 2009 08:00:00 EST

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.

Train Slams Into Tractor-Trailer in DeKalb County

blog@www.kaufmanlaw.net (Blog Author)9639 — Thu, 05 Mar 2009 08:00:00 EST

Last night, a train slammed into an unattached trailer near Ponce de Leon in DeKalb County, Georgia. The trailer became unhitched as the tractor-trailer crossed the railroad crossing. The driver scrambled to reattach the trailer as the train approached, but was unable to do so. Fortunately, the driver was able to jump out of the way and was not injured.
The collision closed the railroad crossing overnight as the clean-up and investigation continued.

Marietta Pawnshop Employee Shot During Robbery

blog@www.kaufmanlaw.net (Blog Author)9651 — Thu, 05 Mar 2009 08:00:00 EST

An employee of Big Chicken Pawn in Marietta was shot during a robbery just after 11 a.m. on Wednesday. Marietta Police Department Spokesma Brian Honea was unable to state whether anything had actually been stolen from the pawnshop. Big Chicken Pawn is located next to the Big Chicken KFC restaurant at the intersection of Cobb Parkway and Roswell Road, one of Cobb County's landmarks. Police dogs attempted to locate the two suspects but apparently were unsuccessful. The police were not able to issue a detailed description of the suspects. While this incident is a criminal matter, the wounded employee may also have a claim against his employer under Workers' Compensation laws. Fortunately, his injuries did not appear life threatening yesterday as he was taken to Wellstar Kennestone Hospital for treatment. If you've been injured on the job, in a similar manner or a more usual accident such as a slip and fall at work or a lifting injury, you should consult an attorney to determine what your rights and responsibilities to your employer may be. An attorney can help you ensure that you receive the fair medical and lost wage compensation you deserve as a result of your on the job injury.

Honorable Jay M. Roth Appointed to State Court of Fulton County

blog@www.kaufmanlaw.net (Blog Author)9665 — Thu, 05 Mar 2009 08:00:00 EST

Governor Sonny Perdue announced earlier today the appointment of Jay M. Roth to fill a vacancy on the State Court of Fulton County created by the resignation of the Honorable Penny Brown Reynolds on October 22, 2008. The Honorable Jay M. Roth of Atlanta is currently serving as the Chief Magistrate Judge in Fulton County. He has previous experience as a judge in the Superior Court, State Court and Environmental Court. He served as a Senior Staff Attorney, Assistant Solicitor General and Investigator, also in Fulton County, Georgia. He received his Bachelor's degree from Penn State University and earned his law degree at Atlanta Law School. He is an active volunteer with the Atlanta Senior Olympics and the Atlanta Food Bank.

Atlanta Car Accidents Overnight

blog@www.kaufmanlaw.net (Blog Author)9586 — Wed, 04 Mar 2009 08:00:00 EST

An overnight accident in Marietta closed both lanes of traffic on Johnson Ferry Road at Sewell Mill Road. A driver apparently lost control of the vehicle for an unknown reason and struck a power pole. Crews were able to finally open one lane of traffic on this busy road early this morning. Thankfully, no serious injuries were reported.

Also overnight, the search for "Little Houdini" Christopher Gay continued around the Kennesaw State University, where the lockdown was lifted at 5:45 pm. Evening classes and activities were cancelled, however, as the police continued the search. The K-9 unit tracked Gay through an east parking deck to the edge of a nearby wood before losing the trail. Gay is still at large. Those in the area should continue to be alert and report any suspicious behavior to the proper authorities immediately.

Multi-vehicle crash shuts down both lanes of I-75 in Cook County

blog@www.kaufmanlaw.net (News Author)11376 — Sat, 21 Nov 2009 08:00:00 EST

A truck collision caused a chain reaction crash that ended up involving four vehicles and stopping traffic for nearly four miles on northbound I-75.

The collision occurred around 4:20 am on the morning of Friday, November 20. A northbound semi-truck crashed into the back of a tractor-trailer that had slowed down in the right lane near exit 42. Only moments later a pick-up truck collided with the semi. The pick-up truck was then struck by a car.

Much of the second truck’s cab broke off when it slammed into the first trailer which was filled with car batteries.

Cook County Sheriff’s deputies and Adel Police officers were first on the scene. They had to extricate the driver of the second semi-truck after it caught it fire. The driver was rushed to Tift Regional Hospital with serious injuries. The other drivers were uninjured.

The accident occurred shortly after Georgia Department of Transportation workers had re-opened the northbound lanes of I-75. The lanes had been closed and traffic shifted while crews re-striped the road.

The collision left Friday morning rush hour traffic at a standstill for almost three hours while crews removed wreckage and cleaned up spilled diesel fuel.

New study shows the uninsured are more likely to die in ER

blog@www.kaufmanlaw.net (News Author)11315 — Tue, 17 Nov 2009 08:00:00 EST

According to a new study, uninsured patients with traumatic injuries including victims of car crashes, falls, and gun shot wounds, are almost twice as likely to die as trauma victims with health insurance.

The study from Harvard University surprised experts and doctors who believed that care in the emergency room was equitable.

The study analyzed medical data on 690,000 American emergency room patients seen between 2002 and 2006 at over 900 hospitals. They did not include burn patients, patients who were treated and then released, or patients dead on arrival.

The overall death rate was 4.7%. More than 95% of patients survive their injuries. Privately insured patients had a death rate of 3.3%. Uninsured patients had a death rate of 5.7%. This is before the rates were adjusted for other risk factors.

When researchers took into account factors such as the severity of the injury, and race, gender and age, the uninsured were still 80% more likely to die than those with insurance, even than low income patients covered by Medicaid.

Researchers could not determine what causes this dramatic difference. It is possible that hospitals that treat uninsured patients have fewer resources and have less qualified staff, or that uninsured patients do not receive the same care.

Some private hospitals transfer patients because of payment issues. While the law requires that all hospitals treat medically unstable emergency room patients, some hospitals transfer these patients as soon as they are stable. A transfer could cause set backs in a patient’s condition or delay treatment.

Morehouse-crash bus driver dies after car wreck

blog@www.kaufmanlaw.net (News Author)11319 — Wed, 11 Nov 2009 08:00:00 EST

The bus driver of the charter bus that crashed last month while carrying Morehouse College Marching Band members died on Tuesday, November 10, following a traffic accident at the intersection of Sylvan Road and Arden Avenue in south Fulton County.

Sixty-three year old Ralph Marshall was pronounced dead after being taken to Grady Hospital in Atlanta. The autopsy showed no injuries from the car accident and Chief Medical Examiner Randy Hanzlick said that the death appears to be from natural causes. Toxicology studies will be done, but results will not be available for several weeks.

Marshall was an employee of Superior Transportation, an Atlanta-based charter bus company. Marshall was driving a charter busses carrying band members to a football game in Albany on October 31st. The bus skidded on I-75 in Henry County, flipped twice and then overturned. Accident investigators believe that Marshall lost control of the bus after being cut off by other drivers; however, there are inconsistencies in witness reports. Thirteen of the forty-two students on the bus were injured. The driver did not sustain injuries.

Superior Transportation is currently under investigation for operating while not properly licensed and operating with revoked insurance.

Clark Atlanta University sued in shooting death of Spelman student

blog@www.kaufmanlaw.net (News Author)11213 — Sun, 08 Nov 2009 08:00:00 EST

Parents of slain Spelman University student, Jasmine Lynn, filed a lawsuit last Thursday holding Clark Atlanta University liable for their daughter’s wrongful death. The young woman, a sophomore with a 3.8 GPA, was shot by a stray bullet on September 3 while walking on campus. The parents, Constance Franklin and Clint Robet Lynn, would like Clark Atlanta University to compensate them for the pain and suffering that they and their daughter suffered after her shooting.

Clark Atlanta University is located in the Atlanta University Center complex which is in a high-crime area just west of downtown. The premises liability lawsuit, filed in Fulton State Court, claims that Clark Atlanta University “failed to excise ordinary care to properly secure” the campus although similar incidents had happened in the past and the shooting was “foreseeable”. The suit alleges that the university knew how dangerous the streets were, but it did not warn students nor did it take steps to make the campus safer. The parents say that the neighboring campuses of Spellman College and Morehouse College have done far more to keep their campuses safe.

The parents would like to be reimbursed for funeral and burial expenses, the physical and emotional pain, suffering and anxiety that the victim suffered before her death, and “the full value of their daughter Jasmine Lynn’s life, including economic damages of loss of earning capacity and non-economic damages, including loss of enjoyment of life.”

Under premises liability law, universities are responsible for maintaining the security and safety of their campuses.

DeKalb resident wins medical injury lawsuit

blog@www.kaufmanlaw.net (News Author)11149 — Mon, 02 Nov 2009 08:00:00 EST

John Henry Howard, a 53 year old Ellenwood resident, was recently awarded more than $9 million in his medical injury lawsuit against Boston Men’s Health Center, Inc.

A DeKalb County jury awarded Howard $750,000 in compensatory damages and $8.5 million in punitive damages for permanent scarring resulting from a series of treatments for erectile dysfunction.

Howard sought treatment at Boston Medical Group’s Atlanta clinic in 2006. He received an injection of a proprietary formula containing papaverine. Papaverine is used to improve blood flow, but may also cause priaprism, tissue scarring and permanent damage, especially if multiple injections are given at the same site. Howard purchased a six-month supply and was directed to give himself injections three times a week.

Howard believed the injections were a cure for his erectile dysfunction.

Boston Medical Group operates 22 clinics in the United States and six clinics overseas. It has been sued at least twice, but both suits were settled out of court.

When you seek medical treatment, you expect to be given proven treatments and to be informed of any risks. If you’ve been a victim of dangerous or negligent medical treatment, contact the medical malpractice and personal injury attorneys at Kaufman Law, PC. Call our office at 888-973-2540 (888-WRECK-404) to schedule a free case consultation.

Three commuters killed in Highway 78 crash

blog@www.kaufmanlaw.net (News Author)10910 — Wed, 21 Oct 2009 08:00:00 EST

A commuter van carrying nine people was involved in a serious traffic accident around 4:30pm on Tuesday, October 13. The driver and two passengers were killed. The rest were hospitalized with injuries. All victims were employees of Georgia Power.

The van was traveling on eastbound Highway 78 in Stone Mountain, when the rear bumper was clipped by a white Dodge Stratus belonging to James Miles. The impact caused the van to flip over. Firefighters had to cut the roof off to free the passengers who were trapped inside.

Eyewitnesses say Miles had been driving recklessly and weaving through traffic. Miles is charged with three counts of vehicular homicide in the second degree and with improper lane change. The charges are misdemeanors. You can read more about the accident and possible legal aspects of the case, here.

Forbes Magazine rated Atlanta as the worst city for commuting in the United States. Atlanta has more traffic than its infrastructure can handle. Many commuters spend well over an hour commuting to and from work. This situation accounts for harried, hurried drivers on crowded highways and increases the risk of accidents.

If a reckless driver has caused you or a loved one to be seriously injured in a commuter car accident, we can help. Contact the Atlanta accident attorneys at Kaufman Law, 888-WRECK-404, for a free consultation.

Deadly tractor-trailer wreck kills three in Oglethorpe County.

blog@www.kaufmanlaw.net (News Author)10848 — Fri, 16 Oct 2009 08:00:00 EST

Three men died instantly in a three vehicle crash in the early morning of October 15, 2009. The men were traveling on U.S. Highway 78 between Crawford and Lexington, when their pick-up truck collided with a tractor-trailer carrying empty chicken cages.

Investigators do not know what caused the accident which left the pick-up truck pinned between the tractor-trailer and a dirt bank. One policeman at the scene said that he had never seen so much damage in more than seventeen years of responding to accidents.

A Chevy Cavalier was also involved in the accident. The passenger, a 44-year-old woman, was taken to Athens Regional Medical Center. She is being treated for a punctured lung and ruptured spleen. The driver of the tractor-trailer was not injured.

An 18-wheeler can weigh up to 80,000 pounds. Because they are so large, collisions with a tractor-trailer are especially deadly. A small pick-up truck or sedan offers little protection for its passengers. Any accident is likely to result in severe injuries, and often, death.

Any wreck involving a commercial truck is a serious matter. If you or a member of your family has been in an accident with a semi-truck, the accident attorneys at Kaufman Law can help. We can negotiate with the insurance companies and get you fair compensation for medical care, lost wages, pain and suffering, and other expenses. Call 888-WRECK-404 for a free consultation and to get the legal help you need.

Medication errors may affect two-thirds of nursing home residents

blog@www.kaufmanlaw.net (News Author)10806 — Mon, 12 Oct 2009 08:00:00 EST

A recent study from the United Kingdome alleges that more than two-thirds of nursing home residents may be victims of medication errors.

Researchers at the School of Pharmacy in London studied a random sample of 256 residents in 55 different nursing homes. The elderly residents took an average of eight medications each. The researchers found that 169 of the residents had medication errors. There was an average of 1.9 errors for each of those patients. Many of the mistakes were not harmful, but the potential for harm is especially high for elderly patients.

Because body functions slow down with age, the elderly do not process drugs as efficiently as younger patients. Therefore, dosages for older people may be smaller. Some drugs are not recommended for older patients. In addition, many times doctors are not aware of all the prescriptions a patient is taking. This can lead to harmful drug interactions.

Medication dispensation errors often occur in nursing homes when staff members are overworked or do not take the time to double check the medications they are dispensing. Doctors who are unfamiliar with residents are more likely to make prescription mistakes.

Signs of medication error include changes in mood, in energy, in attitude, in memory, or in mental function. Unfortunately, these signs are often dismissed as old age. But, sudden changes should be investigated.

Medication errors are the 5th leading cause of death in the United States. Read more about preventing medication errors here.

Distracted Driving: texting while driving banned for federal workers

blog@www.kaufmanlaw.net (News Author)10730 — Thu, 08 Oct 2009 08:00:00 EST

President Obama recently signed an executive order banning texting while driving for federal workers.

Federal workers may not text while driving government cars or while driving if using a government-provided cell phone. They may not text while driving using their own phones and cars to conduct government business. This order takes effect immediately and covers 4.5 million federal workers, including military personnel.

United States Transportation Secretary LaHood announced this new law after a two day national conference focusing on distracted driving. He called distractions such as texting and cell phone use a “menace to society.” Last year, distracted driving was the major contributing factor to 5,870 road accident fatalities and a factor in 80% of car accidents.

Secretary LaHood also announced plans for legislation to ban texting and some non-emergency cell phone use by truck and bus drivers who cross state lines. However, since truckers use a variety of devices to communicate with dispatchers, it will take some time to clarify exactly what this law means.

U.S. Senators Charles Schumer (D-NY) and Robert Menendez (D-NJ) introduced legislation to force states to ban texting while driving or lose federal highway funding.

Texting while driving is a safety risk, but there are many ways in which drivers can be distracted. You can learn more about distracted driving in Georgia here.

Many nursing homes offer bleak living conditions

blog@www.kaufmanlaw.net (News Author)10655 — Thu, 01 Oct 2009 08:00:00 EST

A report released on September 28 by the Government Accountability Office identified 580 poor-performing nursing homes that should be considered among the nation’s worst. Previously, the Centers for Medicare and Medicaid Services had identified 136 “Special Focus Facilities.” These nursing homes have been cited for bleak living conditions and are now subject to extra inspections.

However, the recent report identified that nearly 4 times as many facilities qualify for this extra attention. Senator Herb Kohl, D-Wis, that the suggested that the Special Focus Facilities Program should be expanded to include more of these well below-standard facilities.

These findings are based on the government’s five-star rating system. The five-star system ranks nursing homes and long term care facilities from one star (much below average) to five stars (much above average) based on health inspections, staffing and quality measures. In the GAO report, emphasis was put on deficiencies that had previously caused residents harm and on the facility’s long-term performance history.

The investigation found that the poorest performing nursing homes were more likely to be for-profit facilities and part of a chain. They also tended to have more beds and more residents, but fewer registered nurses.

No one deserves to be neglected. But, when nursing homes take short-cuts, our loved ones suffer. If you or a family member is a victim of nursing home neglect, please call the attorneys at Kaufman Law toll free at 888-973-2540 for a free consultation. We can help.

Atlanta's Workers' Compensation gets national attention

blog@www.kaufmanlaw.net (News Author)10469 — Thu, 24 Sep 2009 08:00:00 EST

Detective Bob Buffington was shot in the back during a drug raid in 1977. Over thirty years later, Buffington has filed an administrative complaint with the department of Justice’s Civil Rights Division. He claims the City of Atlanta has discriminated against him under the guidelines of the Americans with Disabilities Act. His actions may trigger a federal investigation into Atlanta’s Workers’ Compensation Program.

Buffington is one of five police officers whose plight was featured by The Sunday Paper on May 17th. These officers experienced dangerous denials and delays in their requests for payment of medical care, medical supplies, and wheelchair-related modifications. Following the story, all five officers say their situation has improved.

Buffington is filing the law suit because he says the city has a history of only providing assistance when threatened with a lawsuit. He feels that many of the delays and denials that he’s experienced are retaliatory. He wants the federal government to make certain that the City of Atlanta does not continue to treat others this way.

If you were injured at work, you have rights. There are things you can do to help your case. If you need help filing your claim or getting timely compensation, the lawyers at Kaufman Law can help. Call us at toll free at 888-973-2540 for a free consultation.

Are Caps on Medical Malpractice Lawsuits Unconstitutional in Georgia?

blog@www.kaufmanlaw.net (News Author)10468 — Thu, 24 Sep 2009 08:00:00 EST

The Georgia Supreme Court has been considering a challenge to the constitutionality of the state law that caps damages in medical malpractice suits.

In 2005, Georgia legislators passed a law that limits the amount that a jury can award medical malpractice victims to $350,000 for their pain and suffering. Attorneys for Betty Nestlehutt argue that this limit is unconstitutional as it overturns the right of a jury to determine fair compensation.

Following her jury trial, Ms. Nestlehutt was awarded more than $1.2 million for her 2006 plastic surgery malpractice suit. The award included $115,000 for past and future medical expenses, and $1.15 million in non-economic damages. The defendants argued that the non-economic damage award should have been limited to $350,000, for a total award of $465,000.

State Court Judge Diane Beesen agreed with the jury’s decision and declined to apply the state damage cap to the compensation awarded to Ms. Nestlehutt. Lawyers for Atlanta Oculoplastic Surgery are appealing the judge’s decision and are asking that the Georgia Supreme Court enforce the cap and limit the damages awarded to Ms. Beeson.

The state Supreme Court is currently debating whether tort reform laws that limit jury-determined damage awards violate the Constitutional right to trial by jury.

Read more here.

Three Georgia school bus accidents in one week!

blog@www.kaufmanlaw.net (News Author)10467 — Thu, 24 Sep 2009 08:00:00 EST

School has only just started, yet already school bus accidents are bringing attention to the risks that our children face each day while on their way to school.

On September 15, a log truck collided with a school bus in Whitfield County leaving a gaping hole in its side. The bus driver was taken to the hospital with internal and external injuries. Thankfully, no students were on the bus.

The truck had been traveling at excessive speed along Georgia Highway 201. When the driver tried to slow down for traffic, he lost control of the truck and swerved into the other lane.

On September 22, eight students in Columbia County were sent to the hospital for minor injuries after their school was rear ended. The students were treated for neck and back injuries and released. The driver of the car was charged with following too closely.

Later the same day, a special education bus was rear ended near Fort Gordon. No one was injured.

Following too closely and excessive speed are among the top causes of traffic accidents. If someone you love has been injured because of careless driving, the attorneys at Kaufman Law can help. Call us toll free at 888-973-2540 (888-WRECK-404) for a free consultation.

Thieves dressed as nurses are targeting nursing homes

blog@www.kaufmanlaw.net (News Author)10466 — Thu, 24 Sep 2009 08:00:00 EST

A ring of thieves in the Denver area is taking advantage of lax nursing home security in order to rob elderly residents. The male thieves dress as female nurses in order to gain entrance to senior-living facilities and nursing homes.

Once they enter the facility, the men enter patient rooms and apartments where they take credit cards. The thefts occur while the residents are eating meals or are busy with planned activities. Since May, the thieves have struck 20 times.

The Colorado robberies are believed to be connected to a national crime ring responsible for similar incidents in Alabama, Georgia, Kansas, Louisiana and Texas.

Currently Colorado officials have two suspects. Makinious Hartfeld, was arrested in Colorado Springs and is currently out on bond. Hartfeld was convicted of similar crimes in 2006.

The second suspect has not been identified.

Nursing home patients are easy prey for criminals interested in identity and credit card theft. In Birmingham, Alabama, a certified nursing assistant took personal information from a resident and charged more than $5,000 in merchandise.

A nursing home has the responsibility to screen its employees and to keep unauthorized people from entering patient’s rooms and a facility must protect a resident’s property from being lost or stolen. If you feel a loved one is being taken advantage of, please contact the expert attorneys at Kaufman Law toll free at 888-973-2540 to find out how we can help.

Family devastated when three killed car wreck

blog@www.kaufmanlaw.net (News Author)10465 — Thu, 24 Sep 2009 08:00:00 EST

Officials report that three members of a family, including a child, were killed on the evening of September 18, 2009 in Walker County, Georgia. The accident involved a tree-trimming truck belonging to Townsend Tree Service

The tree-trimming truck crossed the center line on Georgia Highway 136. It hit both a compact car and a pick-up truck. The car driver and passenger were injured and taken to a nearby hospital. All three occupants of the pick-up truck, the driver, his brother and his daughter, were killed.

The cause of the accident is under investigation, but alcohol does not appear to be involved.

Crashes involving large specialty trucks can be especially deadly. Most truck accidents are preventable. If you or your family members have been injured or killed by a negligent driver, please call our attorneys toll free at 888-973-2540 (88-WRECK-404) to schedule a free legal consultation.

Man killed, four others injured when SUV crashes into home

blog@www.kaufmanlaw.net (News Author)10215 — Mon, 31 Aug 2009 08:00:00 EST

The driver of a Lincoln Navigator apparently lost control of his vehicle and crashed it into a Douglasville home where a family was home watching a movie.

The Navigator was traveling at such a high rate of speed when the accident happened that the vehicle knocked down bushes and mailboxes, hit a parked vehicle, and then crashed into the side of the home. According to a Douglas County spokesman the SUV reached all the way to the back wall of the living room.

One man in the home, George Michael Bryant, 60, was killed in the crash. His wife, Joyce Bryant, was expected to be released from the hospital soon. The victim’s granddaughter, Aylisha Walters, 9, is still in Children’s Healthcare of Atlanta at Scottish Rite.

Two others in the home, the victim’s daughter Shannon Bryant and his 13 year old grandson were both treated at a local hospital and released.

The driver of the SUV, William Steward, 47, was taken to Grady Hospital to be treated for his injuries. His condition has not been released, although police stated that his blood will be tested for alcohol.

The accident is still being investigated and will likely lead to a criminal prosecution; Steward may face charges of vehicular manslaughter.

Officials surprised by rise in number of women drinking and driving

blog@www.kaufmanlaw.net (News Author)10214 — Mon, 31 Aug 2009 08:00:00 EST

Just in time for Georgia’s annual crackdown on intoxicated drivers comes a study from the National Highway Traffic Safety Administration (NHTSA) which examined the number of women drivers involved in fatal auto accidents. About 2,000 fatalities a year involve a female driver who has been drinking.

The study looked at data from 2007 and 2008, and found that the number of women involved in these fatal alcohol-related crashes increased or remained flat in 15 states compared to 13 states for male drivers.

To put the findings in perspective, consider that the number of alcohol-impaired drivers dropped by 9 percent in 2008. This means that even though the overall number of drunk drivers is going down, women are making up a greater percentage of that number.

A longer-term study by the FBI showed that from 1998 to 2007 the number of women caught driving while intoxicated went up 29 percent. During the same time period, the number of men caught drunk driving increased by only 7.5 percent.

Even though the percentage of women drinking and driving is going up, men still make up the bulk of offenders. About four times as many men are arrested for driving under the influence as women each year.

Four Atlanta workers hurt when gas line explodes

blog@www.kaufmanlaw.net (News Author)10213 — Mon, 31 Aug 2009 08:00:00 EST

A gas line explosion this past Thursday injured four workers in Atlanta. The huge explosion happened near the intersection of Donald Lee Hollowell and Glass Streets, and Atlanta fire officials state that the men are lucky to be alive.

According to those investigating the incident, a four-inch gas line ruptured during maintenance work. The rupture created a flash explosion, the force of which was enough to send a huge piece of asphalt up in to the air.

The flying piece of asphalt crashed down onto a vehicle, crushing a windshield. The four injured men had to be taken to a local hospital to be treated for their injuries.

Occupational Safety and Health Administration (OSHA) officials visited the scene of the investigation. No additional information about what caused the rupture or the extent of the damage was available.

The gas line workers will probably get workers’ compensation benefits as a result of the accident, which will allow them time to recover and will compensate them for medical bills.

Hartsfield man dead after Georgia auto accident

blog@www.kaufmanlaw.net (News Author)10077 — Mon, 24 Aug 2009 08:00:00 EST

A single-vehicle crash on Tillman Road south of Georgia highway 37 has taken the life of a man and injured a passenger.

According to the Colquitt County Sherriff’s Office, 27-year old Casey Ryan Lewis was killed when he drove his GMC Yukon off the road. Passenger Matthew Sammons, 28, was injured in the crash but according to police is in stable condition.

Lewis was apparently driving at a high rate of speed in the rain on a slick road when he drove off into a culvert. His Yukon went airborne when it hit the culvert and flipped. Rollover accidents are not unusual: the number of rollover crashes in Georgia has been rising for the last decade.

Neither Lewis nor Sammons was wearing a seatbelt when the accident happened. The Georgia State Patrol is waiting for laboratory results to determine if alcohol was also a factor in the crash.

Alcohol use and excessive speed are two major contributors to auto accidents in Georgia. Excessive speed is a factor in about one out of six fatal crashes in Georgia, and vehicle occupants are three times as likely to be seriously injured in a speed related crash as a crash where speed was not a factor.

Georgia police kick off state-wide DUI crackdown

blog@www.kaufmanlaw.net (News Author)10076 — Mon, 24 Aug 2009 08:00:00 EST

In an effort to reduce the number of people hurt or killed in alcohol related crashes on Georgia roads, police have launched “Operation Zero Tolerance”. This crackdown is being run in a number of states across the country and will last through Labor Day.

Operation Zero Tolerance is being run in conjunction with “100 Days of Summer HEAT”, a campaign to crack down on aggressive drivers. Aggressive driving – like excess speed, unsafe lane changes, and red light running – contributes to serious accidents and traffic deaths every year.

In Georgia, one in three fatal crashes involves an impaired driver. Police hope that the DUI crackdown will help reduce the number of alcohol-related crashes on the road. Across the U.S. over 13,000 people die every year from alcohol-related accidents.

As a part of the campaign, drivers caught driving under the influence of alcohol will be arrested. According to officials, no warnings will be given to impaired drivers.

Georgia is not alone in cracking down on intoxicated drivers. A number of other states across the country are also running campaigns to catch drunk drivers through Labor Day.

Atlanta firefighter saves two people from burning wreck

blog@www.kaufmanlaw.net (News Author)9603 — Mon, 27 Jul 2009 08:00:00 EST

An Atlanta firefighter who came upon the scene of a three car crash is a local hero after saving two of the accident victims from their burning car.

The firefighter, Karen Nowakowski, 33, was on her way to the grocery store with her 12 year old son when she saw the accident happen right in front of her. Three cars were involved in the traffic collision, and as she was trying to open the passenger side door of one damaged car its hood burst into flames.

Nowakowski then moved to the driver’s side door, helped the driver out then pulled the passenger over the center console of the vehicle to help him escape the wreckage. The passenger was injured in the crash and according to Nowakowski clearly in pain.

Nowakowski’s 12 year old son remained in the car during the incident, reportedly calm about his Mom’s actions because both of his parents are firefighters. Nowakowski herself downplayed talk of her as a ‘hero’, claiming that she was a firefighter and it was something she was expected to do every day for her job.

Despite her humble attitude the Atlanta public have cheered Nowakowski’s actions, turning the five-year Atlanta firefighter into something of a local hero.

Number of on-the-job deaths among Hispanic workers steadily increasing

blog@www.kaufmanlaw.net (News Author)9601 — Mon, 27 Jul 2009 08:00:00 EST

The number of workplace deaths may be down across the country, but this trend does not follow for members of one group: Hispanic workers. An examination of federal statistics by USA Today reveals that since 1992 the number of Hispanic workers who have been killed on-the-job is up 76 percent.

Data from the U.S. Bureau of Labor Statistics shows that overall worker deaths decreased from 6,217 in 1992 to 5,657 in 2007. Hispanic worker deaths, on the other hand, increased from 533 to 937 during the same timeframe.

The rise in numbers can be partially attributed to an increase in the number of Hispanics in the American workforce. Additional statistics show that Hispanics accounted for 10.4 percent of the workforce in 1998, increasing to 14 percent in 2007.

However officials like the U.S. Labor Secretary are concerned that factors like the language barrier and the fact that many Hispanics work low-wage jobs are contributing unfairly to workplace injuries and fatalities.

Illegal immigrants hired by U.S. firms are in an especially high-risk group. Without the proper legal documentation, illegal workers are reluctant to do the things that help keep other groups safe: join a union, report unsafe workplace conditions, or protest when asked to do something they perceive as too risky. In addition, illegal workers or their families usually do not receive workers’ compensation when injured or killed.

Experts believe that many workplace accidents can be avoided with proper training and safety precautions, things that every worker deserves.

Atlanta firm implicated in second construction accident

blog@www.kaufmanlaw.net (News Author)9599 — Sun, 26 Jul 2009 08:00:00 EST

There is a link between the recent parking deck collapse in Midtown and a walkway collapse at the Atlanta Botanical Garden last December that took the life of a worker and injured 18 others. Both projects were built by the Hardin Construction Company of Atlanta.

The parking garage was originally built in 2002 and according to Hardin they were the construction manager on the project, not the actual builder. Hardin stated that the Metromont Corporation designed, fabricated, and erected the garage.

According to information on the original building permit, the architect for the parking garage was Smallwood Reynolds Steward, an Atlanta based business.

The garage is owned by Atlantic Capital Properties and a building permit for its construction was issued in 2001 and a revised permit for the garage’s entrance filed in 2002. Both permits led to inspections, and at the time no issues were found.

About 45 cars were damaged when part of the parking structure collapsed when a middle section of the Centergy fourth floor parking deck collapsed, causing the decks below to collapse down to the ground floor. Police suspended an initial search of the garage when it became apparent that the structure was unsound.

Firefighters erected wooden structures to help maintain the garage’s integrity so that vehicles could be evacuated and the search continued. In addition, engineers were brought in to help stabilize the structure.

When will fines be paid for deadly walkway collapse that killed worker?

blog@www.kaufmanlaw.net (News Author)9598 — Sun, 26 Jul 2009 08:00:00 EST

A Marietta construction worker was killed on December 19 of last year when a walkway under construction at the Atlanta Botanical Garden collapsed. Eighteen other workers were also injured in the collapse.

According to OSHA three companies were cited for “serious problems” with the working environment that they provided for their workers. As a result of OSHA’s investigation into what caused the death of worker Angel Chupin, 66, the three companies were supposed to turn over $26,250 to OSHA.

However the three companies – Hardin Construction Company of Atlanta, Williams Erection Company of Smyrna, and Southeast Access of Kennesaw – all filed appeals which postponed their fines.

OSHA believes that each company contributed to the accident. According to OSHA both Hardin and Williams did not adequately anchor the towers that they constructed to support the walkway and Southeast Access did not properly inspect the towers. Each company objected to OSHA’s findings.

As a condition of the appeal each company will have to present evidence before a judge explaining why they were not at fault for the deadly accident. The hearing, which will be held by OSHA, does not yet have a date.

The Hardin Construction Company also performed work on a midtown Atlanta parking garage that collapsed in early July. Nobody was injured in that collapse but 45 cars were damaged.

Police chase leads to multiple car crash that injures bystander

blog@www.kaufmanlaw.net (News Author)9577 — Fri, 24 Jul 2009 08:00:00 EST

Earlier this month an innocent bystander was injured when struck during a five-car crash in southwest Atlanta. The crash ended a police chase and resulted in two crime suspects being taken into custody.

According to an Atlanta Police spokesperson the chase began when police officers tried to stop a Dodge Durango at the intersection of Fulton and Formwalk streets in the mid-afternoon. The driver of the SUV refused to stop and officers began the chase.

Witnesses claim that several minutes later the Durango was involved in an automobile crash with four other vehicles at the intersection of Ralph David Abernathy and Joseph E. Lowery boulevards.

A bystander, whom witnesses describe as a middle-aged woman, was injured and taken to a local hospital. The driver of one of the vehicles involved in the crash also claimed that his mother and sister were also injured.

Police arrested two men from the SUV, later claiming that they are part of a group called 30 Deep that has been stealing expensive blue jeans from local retailers. The men now face a number of felony charges and have been identified as Dominique Copeland, 21, and Quantavious Guffie, 18.

Georgia State Police crack down on speeding drivers

blog@www.kaufmanlaw.net (News Author)9171 — Fri, 26 Jun 2009 08:00:00 EST

As part of a state-wide safety campaign intended to reduce Georgia road fatalities, law enforcement officers will be out looking for speeding drivers. Officers are expected to concentrate their efforts on major highways like I-75, I-85, I-285 and I-20.

The speed traps are part of a system-wide crackdown on driver behaviors that contribute to serious and deadly motor vehicle accidents. Speeding drivers are being targeted because speed is a leading contributor to fatal accidents on Georgia roads and highways.

The safety campaign is called 100 Days of Summer H.E.A.T (Highway Enforcement of Aggressive Traffic). The campaign began in May and will extend through Labor Day weekend.

DeKalb County has its own initiative going on this month which targets the “Move Over” law. The law – which many motorists don’t know or forget exists – is part of a national effort requiring that drivers move over or reduce speed when approaching a stationary emergency vehicle.

The Move Over law is important to DeKalb County officers because since 1999 150 officers have been killed along American highways by inattentive motorists.

Georgia nursing home nurse accused of stealing patients' drugs

blog@www.kaufmanlaw.net (News Author)9098 — Mon, 22 Jun 2009 08:00:00 EST

Prescription drug abuse is a major issue in Georgia, so it is not surprising that the theft of powerful painkillers can happen. What isn’t expected is that a nurse charged with caring for elderly patients would steal their drugs and resell them for profit.

A 46 year old nursing home employee from Ware County has been accused of doing just that. The nurse, Mary Elizabeth Cooper, allegedly stole painkillers from her patients and took them home with her.

According to the Ware County Sherrif’s department, Cooper sold Hydrocodone pills to an undercover sheriff’s office employee multiple times. Another individual, 42 year old Donavan Shawn Musgrove, was accused of soliciting customers for Cooper.

After a two-month long investigation Cooper was charged with two counts of sales of a schedule III drug, one count of sales of a schedule II drug, three counts of forgery, and three counts of fraudulently obtaining a controlled substance.

Musgrove was charged with one count of party to the crime of sales of a schedule II controlled substance.

Southbound I-75 Shut Down for Major Traffic Accident

blog@www.kaufmanlaw.net (News Author)9093 — Mon, 22 Jun 2009 08:00:00 EST

A multi-vehicle traffic accident shut down all four southbound lanes of Interstate 75 in Clayton County last week. There were two separate accidents reported involving five vehicles, all taking place near Forest Parkway

According to investigators, three people were injured in the crash and taken to the hospital to be treated. No life-threatening injuries were reported as a result of the accidents.

The main issue leading to the closure of all southbound lanes of I-75 was the involvement of a truck carrying dry cleaning chemicals. In one of the incidents the dry cleaning chemical truck was damaged, and chemicals spilled onto the interstate.

The interstate was closed for about an hour while crews worked to clean the dry cleaning chemicals off the roadway. The road closure was necessary because the chemicals were flammable.

No word as to what caused either crash.

Police deny fault in fatal crash that claimed two lives

blog@www.kaufmanlaw.net (News Author)9087 — Mon, 22 Jun 2009 08:00:00 EST

Two teenagers are dead and a third injured after the driver of the car lost control and crashed through a fence into a group of trees in Southwest Atlanta.

According to witnesses, the car, a Honda Accord, was traveling down Lawton Street at a very high rate of speed when the accident happened. Witness accounts disagree on one point: whether or not the police were chasing the Accord when the driver lost control.

According to Atlanta police, an officer spotted the car being driven without its headlights on at Joseph E. Lowery Blvd and Ralph David Abernathy Blvd. When an officer tried to initiate a traffic stop, the car fled the scene at a high rate of speed. The car was reported to have been stolen from the City of Atlanta.

Police insist that the officer trailing the vehicle gave up the chase when it became clear that it was becoming dangerous because of the excess speed. The crashed car was only found after witnesses pointed it out to police.

Some witnesses complained that the police did little to help the crash victims. Killed were Anthony Shaw and Antone Ray, both 16. The name of the third injured victim was not released.

Workers' comp claims for police officers stir up strong emotions

blog@www.kaufmanlaw.net (News Author)8834 — Sun, 31 May 2009 08:00:00 EST

The head of Atlanta’s police union and a 17 year veteran of the force is in hot water after strong remarks he made about the Atlanta mayor when referring to his frustrations with workers’ compensation issues in the police department.

When referring to the workers’ comp problems Seargent Scott Kreher, the second-highest ranking member of the International Brotherhood of Police Officers, said "I want to beat her [Mayor Shirley Franklin] in the head with a baseball bat sometimes when I think about it."

The incendiary remark was made earlier this month during a presentation Kreher was giving to the city council during a budget meeting. As a result of the remark Kreher was suspended from duty.

The issue concerning Kreher was that according to the police union despite many complaints police officers who have been seriously injured on the job are not receiving workers’ comp benefits from the city. Many of those injured officers have spoken up to defend Kreher, saying he is just trying to help them.

Kreher has apologized to Mayor Franklin in a written letter that was posted to the police union’s website.

Fourteen dead in Georgia after holiday weekend auto accidents

blog@www.kaufmanlaw.net (News Author)8782 — Thu, 28 May 2009 08:00:00 EST

The Georgia State Patrol was out in force over the holiday weekend trying to reduce the number of anticipated car crashes. They were trying to cut down on speeding drivers and intoxicated drivers.

A Friday night sobriety checkpoint netted “quite a few” DUI arrests, according to a State Patrol officer.

Despite police efforts at least fourteen people died in holiday weekend motor vehicle accidents. In addition to the deaths there were over 2,700 crashes and 700 people were injured over the three-day Memorial weekend.

Officials speculate that wet weather may have contributed to the large number of accidents, however there were fewer deaths and injures than authorities projected.

Man and horse killed in car crash on Athens Highway

blog@www.kaufmanlaw.net (News Author)8781 — Thu, 28 May 2009 08:00:00 EST

A bridled horse wandered onto Athens Highway near Gainesville last week and was struck by a car. As a result of the accident both the horse and the driver were killed.

Georgia State Troopers do not know why the animal was loose on the highway. The car accident happened in the northbound lanes near the Gaines Mill Road intersection.

The driver, George Satterfield, 56, was driving a Nissan Sentra when he hit the horse. He was killed as a result of blunt force trauma when the force of the impact threw the horse through his windshield.

After colliding with Satterfield’s windshield the horse fell from the car and was struck by a southbound vehicle. The occupants of the southbound vehicle were not hurt, but the horse was killed.

Police are still trying to locate the owner of the horse.

Two teens injured, one killed in wreck

blog@www.kaufmanlaw.net (News Author)8534 — Tue, 12 May 2009 08:00:00 EST

18 year old Andrew London was driving a 1972 Chevrolet pickup truck early this morning near New Providence and Dorris Roads when he lost control and flipped the truck twice. His 16 year old brother, as well as 18 year old Adam Stephens were in truck with him. Stephens was killed, while both London brothers are in serious condition at North Fulton Regional Hospital. The accident occurred down the road from Milton High School in Alpharetta, Georgia. Police believe that alcohol and excessive speed may have been a factor in the crash.

Did fugitive Georgia professor stage Jeep accident?

blog@www.kaufmanlaw.net (News Author)8435 — Tue, 05 May 2009 08:00:00 EST

A man who allegedly shot his wife and two other people may have staged a car accident to throw authorities off his track. Ever since the shooting incident the man, George Zinkhan, 57, has been on the run and is believed to still be in the Atlanta area.

Police believe that Zinkhan put his Jeep into drive and somehow pushed it off the edge of a ravine near his home. There was no sign of the fugitive near where the Jeep crashed at the bottom of the ravine, despite searches by officers in pickup trucks and helicopters.

Zinkhan has been missing for over a week since killing his wife, Marie Bruce, 47, and two other people at a community theatre. Authorities believe that the murders were committed because Zinkhan was upset about domestic issues, possibly his wife wanting to leave him.

Police are still searching for Zinkhan using evidence gathered from the crashed Jeep. Zinkhan’s brother is assisting authorities with their search.

Drivers who speed in Georgia could face huge new fine

blog@www.kaufmanlaw.net (News Author)8434 — Tue, 05 May 2009 08:00:00 EST

In an effort to cut down on the number of car accident victims who end up being treated at Georgia hospitals, Governor Sonny Perdue has signed legislation that will cost speeding drivers big bucks.

Drivers who drive more than 85 miles per hour on major roads in Georgia or 75 miles per hour on two-lane roads are being termed “super speeders”. These speeding drivers will receive an additional $200 fine if they’re caught. In addition, the bill – part of Gov. Perdue’s legislative agenda –increases the driver’s license reinstatement fees for drivers who have multiple license suspensions.

While the expectation is that the stiff new penalties will encourage drivers to slow down on the road, another side-effect of the bill is an increase in revenue. The measures are projected to generate $23 million during the upcoming fiscal year, a large sum of money during these tough economic times.

The extra fees for reinstating a driver’s license go into effect July 1^st, but the additional charge for speeding drivers won’t take effect until January 1^st. Gov. Perdue would like to use the extra money to improve trauma care in Georgia.

High-speed crashes are a major cause of serious injuries for drivers and passengers on Georgia roads, and they place a heavy burden on state emergency rooms.

Wreck on Highway 115 Kills One, Injures Several Others

blog@www.kaufmanlaw.net (News Author)8430 — Tue, 05 May 2009 08:00:00 EST

Robert John Sanchez, 24, of Clarkeville, Georgia was driving his 1999 GMC Sonoma pickup truck east on Highway 115 on Saturday May 2, when he lost control of the vehicle and struck a 2005 Suzuki driven by Carissa Marie Fiorenza.

Sanchez lost control of his vehicle and travelled off the south shoulder, rotated, and travelled into the westbound lane. While blood tests are pending, it is suspected that alcohol might have been a factor in this tragedy.

Sanchez was killed in the accident. His passenger, Spencer Cook, 20, of Buford, Georgia was seriously injured and transported to Greeneville Memorial Hospital. Fiorenza and her passengers, Corey Hanen, 25, of Glendale, AZ and Cameron Fiorenza, 15, of Clarkesville were also injured.

Car Wreck Kills Two, Injures Others

blog@www.kaufmanlaw.net (News Author)8429 — Tue, 05 May 2009 08:00:00 EST

A 1995 Honda Accord carryng five teenage boys crossed the center line on Rockbridge Road in DeKalb County, Georgia on Saturday April 25, 2009 and collided with a 1994 Toyota Corolla.

Killed were Benjamin Bynum, 16, and Lisa Hutchinson, 43. Ms. Hutchinson was driving the Corolla. Mr. Bynum was a passenger in the car that had crossed the median. Benjamin was transported to Grady Hospital, where he succumbed to his injuries.

Police are still investigating the crash, though it is expected that the 16 year old driver of the Accord will be charged.

Georgia woman killed in two car crash

blog@www.kaufmanlaw.net (News Author)7783 — Fri, 01 May 2009 08:00:00 EST

Georgia Highway 316 was the scene of a two-car crash on Monday that resulted in one fatality and one serious injury. Barrow County motorist Betty Jane Wheeler, 77, was killed around 5pm when the car she was driving was hit by a Honda Civic.

Wheeler was trying to cross Hwy 316 in her Toyota Solara when the accident happened. She was broadsided by the Civic, driven by Justin Craig Stevens. Wheeler was not wearing a seat belt when she was killed.

Stevens suffered serious injuries as a result of the accident, however they are not considered life-threatening according to the Barrow County Sherriff’s Office. He was transported to and treated at a local hospital.

The cause of the accident is still under investigation. No exact cause is yet known.

Georgia train hits pickup truck driver

blog@www.kaufmanlaw.net (News Author)8294 — Sat, 25 Apr 2009 08:00:00 EST

Paulding County was the site of an accident between a pickup truck and a freight train. The driver of the pickup truck, who has yet to be identified, was hit at the railroad crossing located at Roper Road and Rosedale Drive. The driver had to be extracted from his vehicle and airlifted to Grady Memorial Hospital.

Georgia State Patrol railway and roadway accident detectives are investigating the incident. The medical status of the injured driver is unknown, but his injuries were serious.

As a result of the accident several railway crossings around Hiram were blocked by the train according to the Paulding County Sheriff’s Office. The accident happened at about 7:30am and a major traffic jam resulted during the morning rush hour, but was clear by 1pm.

Teen found guilty in Athens DUI death gets 8 years

blog@www.kaufmanlaw.net (News Author)8287 — Fri, 24 Apr 2009 08:00:00 EST

A Clarke County woman was killed last summer when an intoxicated teenager hit her as she walked on the side of the road with her 3 year old son. The driver of the car, Abel Gonzalez-Perez, was 15 at the time of the accident. He confessed to drinking 24 beers the day of the accident, napping for an hour, and then borrowing a red pickup truck.

Nayasheika "Keisha" Cooper, 19, was hit from behind by Gonzalez-Perez. Her 3 year old son ran home to get help, and Cooper was later found barely alive in a ditch by the side of the road. She died after being taken to the hospital.

Gonzalez-Perez, a native of Mexico and illegal immigrant, earlier plead to first-degree vehicular homicide, DUI and hit-and-run. Judge Steve Jones sentenced him to eight years in prison for his crime, and seven years of probation after he is released.

The teen will be held in a youth detention facility until he turns 18, when he will be transferred into an adult prison. It remains to be seen if federal immigration officials will deported him to Mexico after his jail term is up.

Hit and run driver charged in fatal Fulton County car crash

blog@www.kaufmanlaw.net (News Author)8286 — Fri, 24 Apr 2009 08:00:00 EST

The hit and run driver of a car that caused a multi-car accident in Fulton County on April 12 was charged this week with killing five people. The driver, Aimee Michael, 22, was arrested on five counts of vehicular homicide, failure to maintain lane, serious injury by vehicle and hit and run.

Michael fled the scene of the accident after triggering a multi-car crash that took the lives of a family of four in one car and a young girl in another vehicle. The family, Robert and Delisa Carter and children Kayla and Ethan Blake, were killed when they were hit by Michael. The Carter’s car spun out of control after the initial crash, hitting another vehicle driven by Tracy Johnson, 43.

Johnson was injured in the crash but is now listed in stable condition at Grady Memorial Hospital. Johnson’s 6 year old daughter, Morgan, was killed in the accident.

Police found the car driven by Michael after a tip from an anonymous neighbor. A Fulton County SWAT team descended on the Michael’s home, eventually confiscating the vehicle and taking three people in for questioning.

Michael is currently in jail and was denied bond. No word yet on whether her mother or grandmother – who may have aided in covering up the accident – will be charged in this case.

Hit and run driver kills 5 people in multi-vehicle Fulton County accident

blog@www.kaufmanlaw.net (News Author)8285 — Fri, 24 Apr 2009 08:00:00 EST

Five people are dead after a tragic multi-car accident Easter weekend caused by a driver who fled the scene. The accident happened near Hartsfield-Jackson Atlanta International Airport when the driver of a light-colored BMW collided with a Mercedes on Camp Creek Parkway between Butner Road and Old Fairburn Road.

The BMW fled the scene, but the Mercedes went on to hit a Volkswagen and several other vehicles before catching fire. All occupants of the Mercedes were killed in the crash: Robert Carter, 39, Delisia Carter, 38, daughter Kayla 9 and son Ethan Blake, 2 months old.

The driver of the Volkswagen, Tracy Johnson, 43, was injured in the crash and had to be hospitalized. Her 6 year old daughter Morgan Johnson died in the accident.

Police were searching for the 740 series light-colored BMW believed to have caused the accident. A tip from an anonymous neighbor led them to a Walden Park home where the vehicle was being stored.

Deadly nursing home shooting spree highlights security concerns

blog@www.kaufmanlaw.net (News Author)8189 — Fri, 17 Apr 2009 08:00:00 EST

The death of seven elderly nursing home residents and one nurse at a Carthage, North Carolina nursing home earlier this month has sparked debate over security at nursing homes across the country. The nursing home, Pinelake Health and Rehabilitation Center, was the site of a deadly shooting rampage by Robert Stewart. Stewart was indicted last week by a North Carolina grand jury on eight counts of eight counts of murder and one count attempted murder in the wounding of a police officer.

Some security experts have stated that incidents like this point to a need for more security, especially in locations populated with individuals who can’t easily defend themselves. Nursing homes, they reason, are vulnerable targets because the elderly residents can’t easily flee or defend themselves in a dangerous situation. More should be done to protect them from criminals like Stewart.

Others contend that nursing homes are meant to be a home-away-from-home for residents no longer able to care for themselves. Too much security could ruin the homey atmosphere or make friends and family members less likely to stop by for a visit. In addition, incidents like the one in Carthage are extremely rare, and the extra cost and hassle cannot be justified.

Number of mentally ill nursing home patients on the rise

blog@www.kaufmanlaw.net (News Author)7932 — Fri, 27 Mar 2009 08:00:00 EST

A disturbing report by the Associated Press is calling attention to a little known issue facing nursing homes across the country. The number of mentally ill residents is rising dramatically, posing a challenge for staff and potentially endangering other residents.

It appears that over the last few years families unsure of what to do with their mentally ill relatives have turned to nursing homes as a solution. These patients often aren't as old as the traditional inhabitants of a nursing home, and their youth, strength, and mental instability are potential dangers for frail older residents.

Mentally ill patients often suffer from schizophrenia, depression, or bipolar disorder, all illnesses that can cause bouts of aggression or rage that can injure or kill those around them. There are no official statistics, but the AP found several tragic cases involving murder or rape of elderly nursing home residents by mentally ill patients.

There are 41 percent more young and middle-aged adults with serious mental illness living in U.S. nursing homes now than in 2002. According to data from the Centers for Medicare and Medicaid Services provided to the AP there were nearly 125,000 such patients in 2008.

Woman dead after fiery car accident in Atlanta

blog@www.kaufmanlaw.net (News Author)7930 — Fri, 27 Mar 2009 08:00:00 EST

The driver of a maroon 1994 Ford Crown Victoria was killed on Monday when her car caught fire and the driver was unable to escape. Brenda Kaye Fair, 60, of Marietta, Georgia, drove her car behind the Bright Horizon Family Solutions business, where she traveled across the curb into an area of landscaping.

It is unknown exactly when or how her car caught fire. Cobb County Fire and Emergency Services had to pull her from the burning vehicle. She was taken by air to Grady Hospital to be treated, but died as a result of her serious injuries.

No other vehicles or people were involved in the accident. Cobb County Police are investigating the incident.

Thief crashes car into downtown Atlanta fountain

blog@www.kaufmanlaw.net (News Author)7929 — Fri, 27 Mar 2009 08:00:00 EST

A thief was captured after crashing his victim’s car into another vehicle and a downtown Atlanta fountain. The man was one of three who robbed two men in their northeast Atlanta apartment Saturday night.

The two victims were tied up and robbed at gunpoint, but neither was injured. All three men fled the apartment after the robbery, taking with them electronics and both of the men’s vehicles.

The thief driving a red pick-up truck was injured when he crashed into the other vehicle and the fountain in Central City Park. Police took him to Grady Memorial Hospital, where he is now in stable condition.

The occupants of the car that was hit by the red pick-up truck sustained minor injuries. Charges are pending against the thief in the red pick-up truck. His accomplices were driving one of the victim’s vehicles, a blue Mitsubishi Eclipse, and remain at large.

Wrong way driver robs drugstore, injures motorcycle rider, escapes

blog@www.kaufmanlaw.net (News Author)7793 — Thu, 19 Mar 2009 08:00:00 EST

Interstate 75 was the scene of two collisions and a police chase early Thursday. The series of events began when a motorist driving the wrong way on I-75 caused an accident that resulted in a police chase, all of which ended with another crash and the motorists eventual escape.

A Clayton County police spokesperson stated that the driver had robbed a CVS pharmacy in Henry County in the early hours of Thursday. The man tried to escape by heading north on the southbound lanes of I-75.

A motorcycle rider was injured when he tried to avoid the wrong-way driver and crashed his bike. The injured biker was taken to Grady Memorial Hospital, and his condition is not known.

The wayward driver was later seen headed the right way on I-285 by a Clayton County police officer. The officer was able to chase the car and driver until the Clifton Church Road near Bouldercrest Road when the driver crashed his vehicle. The man was able to escape on foot and is still at large.