In The News

Published on: April 29, 2009

Four Year Old Boy Severely Injured in Rockland County Dog Bite Attack

A 4-year-old Rockland County boy, who was severely mauled in a dog bite attack, is looking at skin graft surgery to fix the injuries, as well as surgery to fox his ear. Nathaniel Stafford was attacked by a Labrador-pit bull mix that his family had been looking after for its owner. His mother found the boy with his head gripped in the dog’s mouth. The pit bull mix was shaking him violently. The boy’s mother pulled him away, and suffered a bite on her arm in the process.

By the time the terrifying ordeal had ended, much of Nathaniel’s scalp had been ripped apart and his ear had been torn off. His stepfather picked up the ear, and put it in a bag to reattach in the hospital. The doctors have not been able to confirm whether they will be reattaching his ear, or if he will need to have a prosthetic ear attached.

Nathaniel is bound to be traumatized after the dog bite attack. Beside the serious head injuries and the mutilated ear, the boy also suffered throat lacerations. He is an animal lover, although how he will react to any dog from here on, is debatable. The dog’s owner meanwhile has agreed to have the dog which is currently being held in quarantine at an animal shelter, put down.

Published on: April 27, 2009

Tractor Trailer-Tanker Truck Accident in Coweta County Ends in Blaze

by Robert N. Katz, Esq.

Interstate 85 in Coweta County has been an accident magnet for the past several weeks because of the construction work going on there in both northbound and southbound lanes. Several truck accidents have been reported. The construction work has meant that traffic rules are being broken at random. Truck drivers and motorists, highway authorities complain, are not sticking to the reduced speed limits now posted in the zone. It’s not just traffic police and highway officials who are concerned about the several accidents that have taken place, but also construction workers hard at work on the road.

In an example of what highway authorities are so concerned about, a tractor trailer and a tanker truck collided at the construction zone , resulting in an explosion and fire at the scene. The wheels of the tractor trailer apparently slid off the edge of the payment, and the driver, in a panic, overcorrected, colliding with a tanker nearby. The tanker truck was pushed into a construction barrier wall that had been erected to protect workers. The collision damaged the fuel tank of the tanker truck, and it caught fire. Both the tractor trailer and tanker truck drivers suffered injuries. No other vehicles were involved in the crash. A nearby school was partially evacuated as a precautionary measure, although no students were injured. The initial panic when the tanker truck exploded led to rumors that smaller vehicles had been caught in the collision, but that wasn’t true. All lanes on I-85 were closed for several hours after the accident.

Transportation officials are appealing to motorists to take great care while driving through the construction zone. The construction work is expected to continue for the rest of the year, and conditions on the highway will continue to be dangerous. Officials are asking motorists to use other routes to get to their destination if possible. In spite of lower speed limits, there have been too many instances of speeding drivers causing accidents in the area. Reckless motorists continue to drive at excessive speeds, and there are too few law enforcement officers at the scene to crack down on speeding motorists. The conditions on the road are even worse when it rains.

Published on: April 24, 2009

BMW Driver in Fatal South Fulton Accident Arrested

by Robert N. Katz, Esq.

Police in Fulton County arrested the driver of BMW that was involved in a fatal car accident on Easter Sunday. The car accident killed Robert and Delisia Carter, their nine-year-old daughter Kayla, and their two month old son. A six year old child in another car was also killed in the multi vehicle accident.

The Carters had been out for an Easter Sunday drive when a BMW crashed into their car, and then struck a Volkswagen. The Mercedes burst into flames, killing the family inside. The driver of the Volkswagen, Tracey Johnson sustained serious injuries in the accident. Her six-year-old daughter was also killed.

The BMW fled from the scene of the accident. Fulton police had been looking out for the driver since Sunday. This morning residents of Walden Park in south Fulton County woke up to find that one of their neighbors, 22-year-old Aimee Michael was the driver of the BMW involved in the tragic Easter crash.

Published on: April 15, 2009

Storms Batter North Georgia, One Killed in Accident

by Robert N. Katz, Esq.

Raging storms lashed Atlanta and much of north Georgia over the weekend, and several accidents were traced to the poor weather, including one fatal car accident that left one man dead.

Pickens County resident, Raymond Jones was killed when a tree fell on a car on Nacoochee Drive in Atlanta. The car quickly caught fire, and Jones was killed at the scene. Across metro Atlanta, trees and power lines collapsed, creating scenes that were ripe for automobile accidents. Other accidents were reported from Cobb County where a car was struck by a falling tree. Forsyth County saw several boats damaged during the storm, and a collapsed dock. However, there were no serious accidents reported. Power outages were widespread across North Georgia, and with a forecast of more rain in the next couple of days, we can expect the bad weather to continue.

Driving in adverse conditions is one of the most series challenges for a motorist. The existing problems involved in negotiating heavy traffic and avoiding pedestrians and bicyclists, are only compounded when you have to deal with strong winds, heavy rains, snowfall, hail or fog. Wet and slippery road can leave vehicles at risk for skidding accidents or rollovers that can lead to serious injuries. Howling winds and the sound of the rain can make it harder for a motorist to hear the horns of other drivers nearby. Water on the road can spray on the windshields of other vehicles nearby, impacting their ability to see clearly. The risk of hydroplaning increases when you are driving at excessive speeds on a wet highway. When there is excessive water on the road and you are driving at 55 mph – which could be the normal posted speed limit on the road – you run the risk of the tires losing contact with the road surface.

Published on: April 3, 2009

Fulton County Boy Awarded $2.3 Million for Botched Circumcision

by Robert N. Katz, Esq.

There could be not a medical malpractice awardthatcould compensate this boy and his family for the unimaginable horror they have been made to suffer.While a Fulton County Jury has awarded them damages of $2.3 million for a circumcision procedure that went wrong, the boy and his family will need counseling for a very long time.

The award relates to the injury caused to the young boy during what should have been a fairly routine circumcision procedure performed soon after he was born. The procedure however ended with the doctor removing a small portion of the tip of the penis. There was bungling on the part of more than one doctor at the hospital, Tenet South Fulton Medical Center where the procedure was performed in 2004. The pediatrician who was informed by a nurse after the boy began to bleed heavily, failed to respond to the call. Due to the negligence and failures of both the doctors, the boy suffered a permanent injury.

In 2006, his mother filed a medical malpractice lawsuit against the doctor who performed the circumcision, as well as the pediatrician who failed to respond to an emergency. The jury was convinced that the doctor Haiba Sonyika snipped off a portion of the organ and that the pediatrician Cheryl J. Kendall could have reattached the cut off portion if she had responded to the emergency immediately.The boy has been awarded $1.8 million in damages, while his mother has been awarded an additional award of $500,000. The hospital where the procedure was performed was not found negligent.

Published on: March 25, 2009

Georgia House Rejects Bill That Could Prevent Accident Fatalities

by Robert N. Katz, Esq.

In February, we had expressed hope on this blog that a bill to make seatbelt use mandatory for pickup truck drivers would be passed by the House. Unfortunately, that hasn’t happened. For the third consecutive year, the House has rejected the measure that would prevent several accident related deaths every year, with the House Consumer Affairs Subcommittee voting 4-3 against the bill.

With this, Georgia continues to remain the only state in the country that exempts pickup truck drivers from buckling up. This has meant that the seat belt use rate for pickup drivers in Georgia has remained at around 79 percent, much lower than it is for other passenger vehicles. Pickup trucks are used extensively in rural Georgia, and the seat belt exemption has also contributed to higher fatality rates in rural areas than urban centers. Close to 57 percent of all road traffic fatalities in the state occur on rural roads. In fact, the fatality rate in rural areas is twice that in urban areas, and pickup truck drivers form a large percentage of these fatalities. Even worse, of these pickup truck fatalities, more than 67 percent were not wearing seat belts at the time of the crash. Experts estimate that at least 26 lives could be saved in Georgia every year, and more than 400 injuries could be prevented if pickup truck drivers too were covered under seat belt laws.

Even in the face of such data, Georgia has delayed making seat belts mandatory for pickup drivers above the age of 18.The bill’s supporters, including Georgia personal injury lawyers have been vocal in their support for such a measure, but these voices have gone unheard by the House. There has been widespread support of seat belt laws for pick up truck drivers. In fact, surveys have shown that more than 88 percent of the population of the state supports making seat belt use mandatory on pickup trucks. In fact, the support for such a bill is strong even in rural areas, with truck drivers voicing support for such laws. Yet, the state has failed to act.

Published on: March 21, 2009

Georgia Governor Purdue’s Tort Reform Express Losing Steam?

by Robert N. Katz, Esq.

It looks like Governor Sonny Purdue’s plans for tort reform in Georgia have hit the speed breakers sooner than he had anticipated.On March 10^th, the senate approved a substantially tamer version of a bill that would have made plaintiffs pay in the case of a losing lawsuit. The original bill had language approved by Governor Purdue, and would have made the state only the second in the country to make plaintiffs responsible for defendant’s legal fees if a lawsuit was dismissed in the early stages. That “loser pays” language has fortunately been deleted from the bill that has now been approved.

It’s not just the removal of the “loser pays” clause from his pet bill that must be giving the honorable governor heartburn.Earlier in 2009, another tort reform bill, this one too a pet project of Mr. Purdue died an early death in the Senate Economic Development Committee.This one related to the granting of civil lawsuit immunity to biotechnology companies who set up shop in Georgia.The governor announced at a meeting of the Georgia Chamber of Commerce earlier this year that biotechnology companies who wanted to invest in the state would be granted civil immunity from lawsuits in the event of an injury, if their products had been approved by the Food and Drug Administration.That bill, which had been soundly criticized by citizens’ justice advocates and Georgia personal injury attorneys as being detrimental to consumer interests, seems well and truly dead, and deservedly so.To contemplate removing citizens’ rights to justice and compensation in the event of an injury caused by a pharmaceutical drug or product simply because the drug has FDA approval, is a line of thinking that has just been quashed by the Supreme Court in its recent Wyeth vs. Levine verdict.

Purdue’s insistence that such immunity would open the doors of investment and prosperity to Georgians also rings hollow when you consider that Michigan, which is currently the only state that has such civil lawsuit immunity for pharmaceutical companies, has seen both civil justice and pharmaceutical investment fly out the window, since the bill was passed in that state.To pass a bill like the immunity bill that Purdue was touting, and that too during a recession when citizens need more protection from powerful interests than ever before, would have been a mockery of citizens’ rights.

Published on: February 24, 2009

DeKalb County Faces Funds Shortage for Road Repair Projects

by Robert N. Katz, Esq.

Blame the economic meltdown if there are more automobile and pedestrian accidents in DeKalb County in the coming years. The County is facing a severe funds crunch, and road repair and building projects are expected to suffer as a result.

DeKalb County last year spent $19 million on construction of new roads and sidewalks, and undertaking bridge repair. This year, that amount has been drastically slashed to $5.5 million. Every year, the County invests heavily in street repavement efforts that ensure that motorists drive not just efficiently, but also safely. Investments in previous years have gone into building sidewalks, so pedestrians can walk safely without fear of accidents, and constructing of new medians that can allow vehicle movement on roads to flow smoothly and prevent crashes. In previous years, funding from the road building budget has been used to install new streetlights that can reduce nighttime accidents. All these efforts are expected to suffer this year as the County struggles with balancing the shortage of funding, with numerous road and sidewalk repair, construction and improvement projects that it needs to undertake.

It seems like the financial meltdown and the economic crisis will begin pinching DeKalb County residents where it really hurts – their safety on county roads. You know there’s a meltdown in full swing not only when unemployment figures are up, but also when a cash shortage is obstructing efforts to make our cities and roads safe for all. Road building and repair efforts are necessary every year to repair eroded and battered stretches of road that can expose motorists to risk for automobile accidents. For instance, when traffic safety programs are cut because of funding shortages, you end up with battered and faded street signs malfunctioning street lights, uneven road surfaces that pose a risk of loss of control and rollovers, and other road defects that can cause accidents. Besides, during a recession, county authorities are also forced to cut down funding for the redesign of dangerous roads that may place motorists at an increased risk of collisions.

Published on: February 20, 2009

Georgia Bill to Allow Seatbelt Use Evidence in Accident Trial

by Robert N. Katz, Esq.

There’s a string of seatbelt laws all relating to the impact of seatbelts on car accident -related injuries pending in the legislature, and each one of them is at varying stages of approval. One such bill is currently in the Senate, and it could have potential implications for an accident victim’s right to recover damages after a car accident.

According to bill SB23, if the victim of an accident was not wearing a seatbelt at the time of the crash, then the defendant’s lawyer would be able to bring up this fact during trial. Currently, Georgia law does not allow a victim’s failure to buckle up to be mentioned during trial proceedings. Jurors are not allowed to consider if failure to wear seatbelts could have contributed to the severity of the injuries. If the bill becomes law, then that fact can be used as evidence that the plaintiff or the victim contributed to the severity of his injuries by not buckling up. Obviously, this would have an impact on any damages that the plaintiff would be eligible for as the result of the accident. Georgia personal injury lawyers are expectedly displeased about the bill, and the repercussions it would have on a victim’s right to compensation after an accident. The Georgia Trial Lawyers Association has opposed the bill because it allows the jury to develop a negative perspective of the victim. The Georgia Chamber of Commerce has voiced its approval of bill.

A civil trial is all about compensating a victim for another person’s negligence. A victim’s failure to wear a seatbelt cannot be used as an excuse to forgive or lesson the severity of the defendant’s negligent driving behavior. The bill amounts to letting a defendant get away with a possible rap on the wrist, if the victim has failed to wear a seatbelt. If the bill passes, we risk making a civil trial all about the inadequacies of the injured plaintiff, and not the negligence of the defendant.That defeats the purpose of civil justice.

Published on: February 5, 2009

Dekalb County Pedestrian Accident Probe May Lead to Defective Road

by Robert N. Katz, Esq.

In a tragic pedestrian accident, 7-year-old Cameron Dunmore was struck and killed by an SUV, while he was crossing on a crosswalk near his school, Princeton Elementary School in DeKalb County on Monday.The second grader was at a marked school crossing, and the guard even had the Stop sign out for drivers to see. The SUV driver, a parent of another child at the same school, failed to stop for unknown reasons, and struck Cameron. Now, reports suggest that a missing traffic light which was recently removed from near the school could have played a preventive role in the accident.

According to residents of the area, they had written a letter to County authorities about the missing traffic light, and the need to have it installed back at the spot as quickly as possible. The area is a school zone, and can be extremely busy, especially during school opening and closing hours.The Country authorities seem to have slept on the matter. There was an assessment made of the zone, and not much happened after that.Even the principal of the school had been contacted by parents who were afraid that speeding cars and high traffic at busy times could cause an accident. County officials have not yet confirmed if they received any complaints from parents about the lack of a traffic light near the school, or whether they plan to install a light at the spot.

Investigations into the crash will likely look at several factors that may have contributed to the accident.For instance, why didn’t the SUV driver stop at the crossing?Did the County receive a petition to install a light, and if yes, why were these pleas ignored?Depending on the answers to these questions, liability for this pedestrian accident fatality can be ascertained.