Wrongful Death

Published on: October 31, 2008

Reckless Driving Causes Teen Deaths

Reckless driving is the number one killer of teens and young adults.The Ad Council and a coalition of State Attorney Generals and consumer protection agencies have started a campaign against reckless driving. The UR the Spokesperson campaign is aimed at empowering young adults to speak up when they don’t feel safe in a car.

The goal of the campaign is to decrease reckless driving among teens and young adults; let teens know they are a spokesperson against reckless driving; empower teens to speak up when they are in a car and don’t feel safe; increase awareness of the dangers of reckless driving; and educate teens on safe driving.

However, whether an education campaign can successfully combat reckless driving in this age group is open for debate. A recent USA Today article outlined new research in adolescent brain research.The study revealed that adolescent brains are not yet capable of avoiding risky behaviors.

Published on: August 25, 2008

Underage Drivers Cause Fatal Accidents

by Robert N. Katz, Esq.

August 25, 2008

A wreck Sunday claimed the life of the driver and his teenage passenger, and also injured three other teens.In Ellenwood, Georgia, near Cedar Grove High School on River Road, Hammam Southerland, 27, and Gregory Brown, 17, died when Southerland lost control of his vehicle, flipped twice and struck a telephone pole.Three male teenage passengers in the backseat were treated for injuries.Neighbors believe a dangerous curve in the roadway contributed to the accident.

Last month, a similar accident occurred killing fourteen-year old Mikah Blalock.Blalock was killed when the driver crashed into the telephone pole after traveling east on River Road.The driver of that vehicle was a fourteen-year old female.She was charged with vehicular homicide, failing to maintain her lane and driving without a license.Blalock was killed a week before he was to have entered high school.

Published on: July 2, 2008

Six Flags Ride Kills Teen

by Robert N. Katz, Esq.

On Saturday, June 28^th, seventeen year-old Asia LeeShawn Ferguson, was decapitated when he was struck by the Batman roller coaster at Six Flags over Georgia in Austell, Georgia.

Witnesses report that Ferguson, who was with his family and a church group from South Carolina, scaled two perimeter fences with another teenage friend and entered a danger zone inside the ride area.

Although some witnesses indicate Ferguson was trying to retrieve a lost hat or possibly touch the feet of riders on the ride, Cobb County police dismissed those rumors as unsubstantiated.Instead, Ferguson and his friend may simply have been trying to re-enter the park from the parking lot rather than using the main entrance as required.

Published on: May 19, 2008

Deadly Rollover Accidents Caused by 15 Passenger Vans

by Robert N. Katz, Esq.

When it comes to rollover accidents, the 15-passenger van is the most dangerous vehicle on the road.New research by the National Highway Transportation Safety Administration (NHTSA) shows that rollover accidents with 15-passenger vans occur thirty-one percent more frequently during the summer months of June through August.Eighty-one percent of fatalities occur in single vehicle rollover accidents.

The risks increase when the vans carry ten or more people.The passenger weight changes the vehicle’s center of gravity, causing it to be in the rear of the vehicle.As a result, the van handles differently than other passenger vehicles during an emergency and is more prone to rollover crashes.

The problem with the van is the weight.Most van manufacturers, such as Ford and Dodge, use a car wheelbase and extend the back end.Also, the vans are top heavy which causes a shift in its center of gravity.The vans usually have a back seat with four passengers behind the rear axle.With a heavy back end, in an accident the back end swings out.When the rear swings out and the tires remain their grip on the road, the weight pulls the vehicle over.

Published on: April 2, 2008

Hit and Run Driver Faces Felony Charges

by Robert N. Katz, Esq.

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

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

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

Published on: February 25, 2008

Two More Workers Die In Sugar Refinery Blast

by Robert N. Katz, Esq.

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

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

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

Published on: December 26, 2007

Wrongful Death Settlement of 6 Million Due to Shoddy Construction

by Robert N. Katz, Esq.

December 26, 2007

The family of Milena Del Valle, a passenger killed in the Big Dig Tunnel in Boston, Massachusetts, settled for 6 million dollars yesterday from one of the defendants in a wrongful death suit filed against 17 defendants.

While riding as a passenger with her husband in the tunnel, Del Valle was killed when 3 3-4 ton ceiling panels gave way overhead, falling and crushing her. Her husband escaped through the window of his sedan.

Published on: December 3, 2007

Wrongful Death Lawsuit Gets Family Crosswise

by Robert N. Katz, Esq.

December 3, 2007

Last week the Atlanta Journal Constitution’s front-page article examined the complex legal issues that arise when two family members are involved in a single car collision.Sisters Yvonne Woods and Janice Carroll were traveling cross-country in Janice’s SUV.While driving her sister’s vehicle, Yvonne fell asleep.The SUV left the road and crashed.Yvonne was killed in the accident and Janice was injured.

The AJC article focused on the outrage from Yvonne’s family when Yvonne’ eldest daughter (probably the executor of the estate) was served with a personal injury lawsuit filed by Aunt Janice.Apparently, the family had no idea that Aunt Janice was suing the estate for her injuries.Further, the family was shocked that Aunt Janice would sue when her sister had been doing her a favor (helping her drive cross-country) when she was killed.

Published on: November 20, 2007

Stand Your Ground Laws Allowed In Georgia

by Robert N. Katz, Esq.

November 20, 2007

ABC News recently reported on an incident in Pasadena, Texas last week and captured on a 911 tape where zealous gun owner, Joe Horn, noticed his neighbor’s home was being burglarized.Relying on the Texas “Stand Your Ground” law, the neighbor ran next door, shot and killed the two burglars despite pleas for patience from the 911 operator.

In 2006, the Georgia legislature with Senate Bill 396 enacted a “Stand Your Ground” law similar to the one in Texas. O.C.G.A. sections 16-3-2 and 51-11-1 provide that a person has the right to meet force with force, including deadly force, in defense of one’s self, one’s home or other property.These laws provide immunity from both prosecution and civil tort actions.Sixteen other states have enacted similar legislation, expanding the legal boundaries of self-defense that previously required a duty to retreat.