In The News

Published on: July 19, 2011

Slip and Fall on Rain-Slicked Hotel Floor Gets Million Dollar Verdict

Described by her attorney as a “young, attractive executive,” Christine Garland was attending a sales conference that was interrupted by her slip and fall on the rain-clicked marble floor of the hosting hotel. She’s endured excruciating pain in the four years since, undergone numerous surgeries and was eventually forced to give up her lucrative job.

The hotel’s insurer had an opportunity to settle for $750,000. Now the chain may have to shell out $3.6million in damages, after a diverse Fulton County jury voted in the plaintiff’s favor.

In his closing statement, says the Daily Report, the plaintiff’s attorney honed in on the conflicting testimony of hotel staff. Some employees testified that prior to opening the doors of the conference room wet floor signs and safety mats had been posted as warning– other employees directly rebutted this testimony as did the plaintiff, Garland, and her boss. The other clincher for this case was the taped depositions of Garland’s treating physicians – graphic testimony that went unchallenged by the defending attorney. As a result, Garland received upwards of $800,000 more than requested in pain and suffering, and a great deal more than the $210,000 settlement initially put on the table by the chain.

Published on: July 5, 2011

Atlanta Construction Worker Killed in Fall Accident

by Robert N. Katz, Esq.

A construction worker was killed last week in a workplace accident at a high school site in Atlanta.The man had been working on an addition project at a school in south Atlanta, when he fell 20 feet from a hydraulic lift.

According to authorities, the entire accident was triggered when a piece of metal pipe fell from the ceiling of the addition, and crashed into the lift which was holding the worker.The impact caused the lift to jerk, and the worker fell about 20 feet below onto the pavement.He sustained serious injuries, and died.

According to news reports, the victim worked for a subcontractor on the project.The Occupational Safety and Health Administration has begun an investigation into the accident.In the meantime, the site has been temporarily shut down. See Worker Killed in Fall.

Published on: June 13, 2011

Children Narrowly Escape Injuries in Fulton County Truck Accident

by Robert N. Katz, Esq.

Several children barely escaped injuries when a work truck crashed into a swimming pool in Johns Creek, Fulton County this week.The accident occurred on Monday, when the work truck crashed through a fence surrounding the pool, and into the water.There were about 12 people in the water at the time, including children.At least one child escaped injuries when the truck flew right over his head and into the pool.According to witnesses at the scene, another child almost got sucked under the truck.

This accident proves to Atlanta car accident lawyers the crash risks involving motorists with chronic illnesses.However, the risks to drivers who suffer a medical condition at the wheel would soon be reduced if plans to develop a car that monitors human health come to fruition.

It is extremely fortunate that no one was injured in this accident.Police believe that the driver had a medical condition and blacked out at the wheel, causing him to lose control of his vehicle.It was most likely a diabetic coma that caused him to black out.The driver sustained minor injuries, and was taken to the hospital for treatment.No charges have been filed against him.

Published on: June 9, 2011

Fulton County City Imposes Dog Fee to Prevent Dog Bites, Injuries

by Robert N. Katz, Esq.

It’s not going to be the most popular measure in the city of College Park in Fulton County as far as dog lovers are concerned, but it could help monitor a number of aggressive breeds, reducing the incidence of bites involving these breeds.The City of College Park has imposed a new dog fee on owners of certain breeds of dogs. As an Atlanta personal injury attorney, I very much welcome the new fee. The is a high frequency of dog bites among certain breeds and city and county governments need to take action.

College Park Council member Ambrose Clay began pushing for the ordinance after reports of two dog bite incidents in his area over the last year.The ordinance will go into effect on the 1^st of July, when owners of certain breeds that the city has already decided are potentially dangerous, must pay an annual $25 fee.This fee must be paid even if the dog has never been involved in an attack or bite incident before.The breeds that are included in this ordinance include, not surprisingly,many breeds which are often involved in dog bite incidents in Atlanta.Several pit bull mixes including American pit bull terriers, Staffordshire bull terriers and American Staffordshire terriers are included in the list of dogs.Other breeds also include Dobermen, German Shepherds and Rottweilers.Besides owners of these breeds, owners of dogs that have been involved in a bite incident are also required to register their dog in the registry.

As expected, dog owners who own these breeds in College Park, have been upset.However, the College Park Council believes that this fee system will enable the city to track and monitor the movement of aggressive breeds, especially those that are involved in bite incidents. See, http://www.cbsatlanta.com/story/14842402/dog-owners-face-fee

Published on: June 8, 2011

Bus Accident Causes Deaths, Injuries; Underscores Need for More Safety Reforms

by Robert N. Katz, Esq.

A bus accident in Virginia that killed four people would not have occurred if the Federal Motor Carrier Safety Administration had put the bus company out of service for repeated violations.The agency failed to do so, allowing the bus company to operate for a few more days while it appealed. Just a few days later, the bus crashed on a Virginia highway, killing four people and injuring 53 passengers.This is an indication to Atlantaaccident attorneys that the federal agency needs to seriously reconsider its procedures that allow unsafe bus companies to operate.

The federal agency had planned to put the bus company, North Carolina-based Sky Express out of service for a series of repeated violations.What the Federal Motor Carrier Safety Administration should have done was to force the company to ground all its buses immediately.It failed to do so.Instead, the agency decided to give the company an extension to appeal.This decision proved fatal for at least four passengers on a Sky Express bus that crashed just a few days later.

The bus driver in that accident told investigators later that he had been driving in a fatigued state.Now, the federal agency is being criticized for its delay in pulling Sky Express off the road.Over the past few years, the Federal Motor Carrier Safety Administration has cited Sky Express for numerous safety violations, including allowing drivers to drive more than 10 hours without a break and speeding.

Published on: June 2, 2011

Bill to Prevent Tractor-Trailer Accidents Linked to Drug Use

by Robert N. Katz, Esq.

Atlanta truck accident lawyers have been aware for a while now that federal trucking safety laws governing drug and alcohol use by truck drivers have far too many loopholes that allow a truck driver with a drug use history, to slip through.The new bill would plug these loopholes, essentially weeding out drug users from the system. Truck accidents generally result in severe personal injuries and a wrongful death. When these accidents involve a truck driver who has been using drugs or alcohol, the outcome is not only tragic, but preventable.

The legislation, called the Safe Roads Act, has been introduced by US Senators Mark Pryor and John Boozman.The legislation would implement the recommendations made by the Government Accountability Office, advising the establishment of a driver test database.The database would contain information about positive drug test results from commercial truck and bus drivers from around the country.

The database can be used by trucking companies before they hire a prospective employee.Doctors, trucking companies and service agents would be required to furnish updated and accurate information about positive drug test results.With accurate, reliable and frequently updated information available, trucking companies would be able to make safe hiring decisions, thereby reducing the risk of trucking accidents involving one of their vehicles.

Published on: June 1, 2011

Record-Breaking Pregnancy Medical Malpractice Verdict Prompts Calls for Proper Prenatal Care

by Robert N. Katz, Esq.

Connecticut has just seen what’s being heralded as the largest medical malpractice verdict in state history, with the parents of 8-year-old Daniel D’Attilo being awarded $58 million on his behalf. As an Atlanta injury lawyer, I can tell you that although Georgia has seen substantial verdicts against doctors in these cases, I cannot recall a verdict of this size against a single physician. The damages stem from their obstetrician’s decision to delay their son’s delivery back in 2003. The young D’Attilo now suffers from cerebral palsy due to brain injuries sustained when the practitioner waited days after Cathy D’Attilo’s amniotic fluid dropped before performing a botched Caesarian section, claim attorneys for the family. Of the damages awarded, $8 million is designated to cover medical expenses, while the remainder was awarded to the family for pain and suffering.

In a statement to the Associated Press, the doctor’s attorney, James Rosenblum, indicated that the jury’s decision was made more out of sympathy than evidence and suggested that his client would appeal what he called a “shocking verdict.” Other physicians have voiced concerns that this verdict will deter doctors from taking on high-risk cases like this one in the future.

According to the National Center for Biotechnology Information, cerebral palsy is a lifelong disorder, often requiring long-term care. Although its causes are not always discernable, symptoms usually appear before a child turns 2 and, in rare cases, as early as 3 months. Cerebral palsy is caused by injuries or abnormalities of the brain and often manifests as impairment to nervous system functions such as movement, learning, hearing, seeing and thinking.

Published on: May 29, 2011

NHTSA Acts to Prevent Injuries from Defective Motorcycle Helmets

by Robert N. Katz, Esq.

The National Highway Traffic Safety Administration is coming down hard on manufacturers of novelty helmets that do not protect motorcyclists.These novelty motorcycle helmets are not approved by the Department of Transportation, and do not protect motorcyclists from injuries in a motorcycle accident.As an Atlanta motorcycle accident attorney, I am well aware of many serious injuries arising after accidents in which the driver was wearing a novelty helmet.

Helmets are a motorcyclist’s first line of defense against injuries in an accident.It’s important that motorcyclists wear helmets that are approved by the Department of Transportation.The National Highway Traffic Safety Administration will soon require new motorcycle helmets to come with a label that contains the words “DOT FMVSS 218 Certified.”

Novelty helmets have recently become very popular, because of their designs.However, testing has found that these helmets do not meet safety standards set by the National Highway Traffic Safety Administration.Those safety standards are contained in the Federal Motor Vehicle Safety Standard 218.These standards cover a number of criteria, including impact absorption and penetration resistance.

Published on: May 27, 2011

Survey Finds Americans Want More Traffic Safety Laws to Prevent Car Accidents

by Robert N. Katz, Esq.

A new survey by the AAA Foundation for Traffic Safety indicates that Americans would rather have more government interference in matters of traffic safety to prevent auto accidents, truck accidents and motorcycle accidents. Of course, these accidents often result in serious personal injuries and wrongful deaths. According to the survey, 62% of Americans want more traffic safety laws to reduce poor driving behaviors and minimize accident risks.What’s more, 57% of respondents wanted their individual states to get more involved in making the roads safer.This is an indication to Atlanta car accident attorneys that there is plenty of support for recent moves in Georgia to enact mandatory seatbelt laws for all, and ban texting while driving for all motorists.

According to the survey, 70% of Americans feel that traffic safety laws should be strictly enforced.There’s a lesson here for Atlanta and throughout Georgia which has recently banned texting while driving – laws can be meaningless unless these are enforced and violators penalized sufficiently.

Additionally, the survey also indicates that there is plenty of support for tough teen driver licensing standards.86% of the respondents believe that new drivers should be required to complete a driver’s education course before they are allowed a driver’s license.American motorists also want to see automakers invest in technologies that will help prevent accidents and keep motorists safe.60% of the respondents wanted automakers to do more to make their vehicles safer.

Published on: May 26, 2011

New Georgia Law Designed to reduce the number of Bicycle and Motorcycle Accidents

by Robert N. Katz, Esq.

With increasing gas prices and unrelenting traffic congestion plaguing the state, many Georgians are finding it’s more economically savvy (and healthy, besides) to travel by bicycle or motorcycle in lieu of automobile. Unfortunately, this trend towards cycling is also resulting in an increased number of accidents involving cyclists and their impatient motorist counterparts. In fact, according to the Georgia Office of Highway Safety, in 2008, 12 percent of the people killed in motor vehicle crashes in Georgia were motorcycle drivers — the highest motorcycle fatality count within 15 years. As an Atlanta injury lawyer, I know that this number is only the tip of the iceberg since a significant number of serious injuries result from motorcycle accidents every year.

This is a growing problem in Georgia, where in 2008 motorcycle driver deaths has increased by 59 percent since 2004. As a remedy, Governor Nathan Deal signed into law last week a bill aimed to protect them, while simultaneously granting respite to sympathetic drivers who nevertheless feel a modicum of nervousness when inching by a motorcycle or bicycle.

House Bill 101 requires drivers to give cyclists at least 3 feet of space. Before last week, motorists had only to maintain an arguably ambiguous “safe distance” when passing. Now, those same motorists will have to actually cross the yellow line to comply with the law.