Georgia Injury Law Blog

Published on: June 23, 2009

Nestle Cookie Dough Recalled After Reports of E. coli Poisoning

Nestle SA has announced a recall of its Toll House cookie dough because of fears of E. coli contamination linked to dozens of cases of food poisoning nationwide. About 47 varieties of the cookie dough have been included in the recall.

The Food and Drug Administration has warned consumers not to eat Toll House refrigerated and prepackaged cookie dough because of the risk of E coli contamination. The agency has asked consumers who may have any of the pre packaged cookie dough to throw these away. Consumers have been advised that they could face the risk of food poisoning even if they cook the dough, because the bacteria might be transmitted to their hands and cooking surfaces. According to the FDA notice, the contamination was exposed in a study conducted by the Centers for Disease Control and Prevention as well as state and local health departments.

So far, there have been 66 reports of illnesses from 29 states since March this year. 25 persons have been hospitalized and seven of these had suffered a complication called Hemolytic Uremic Syndrome [HUS] which can end in kidney damage and even death.

Published on: June 20, 2009

Fourth of July Crackdown to Prevent Drunk Driving Accidents in Georgia Begins Tonight

by Robert N. Katz, Esq.

Every year, the Georgia State Patrol increases patrolling and enforcement efforts around the Fourth of July to minimize the number of car accidents around the holiday. This year’s crackdown on drunk driving begins tonight.

The campaign Operation Zero Tolerance kicks off at 9 pm tonight, and will last through the fifth of July. It will include the participation of more than 500 police agencies in Georgia, all taking part in the Governor’s Office of Highway Safety “100 Days of Summer HEAT” initiative. Enforcement officers will be conducting additional patrols across Georgia highways, and will be cracking down especially hard on intoxicated motorists. The 100 Days of Summer HEAT initiative will run through the Labor Day weekend. The initiative includes crackdowns targeting drunk drivers, speeders, as well as motorists violating seatbelt and child safety seat laws.

Every year, we celebrate the declaration of our independence with great fanfare. We burst fireworks, and host barbecues. Unfortunately, the Fourth of July is also the single deadliest day of the year, with the maximum number of accidents occurring on this day. Between 1986 and 2002, an average of 161 people died in automobile accidents on Fourth of July.

Published on: June 19, 2009

Father of Child Injured by Crocs at Atlanta Airport Sues Company

by Robert N. Katz, Esq.

The father of a boy who was injured when his Crocs shoes got caught in an escalator at an Atlanta Airport has filed a lawsuit against the company. The father Clark Meyer, is claiming $2 million in damages for injuries suffered by his son, identified only as “AM”.

According to the lawsuit, Meyer’s son was “severely and permanently injured” in the accident on July 15^th last year. On that day, the boy’s foot was snagged on an escalator at Hartsfield Jackson International Airport. The boy who was four years old at that time suffered at least three broken toes and cuts. In the lawsuit, Meyer alleges that the company was aware of the dangers to children wearing the popular Crocs shoes in 2005, but that didn’t stop the company from marketing the shoes targeting young children.

It is the second such lawsuit filed in Atlanta in 2005 involving children and escalator injuries linked to the popular shoes. Crocs meanwhile has denied that the shoes cause any injuries. The company blames faulty escalator design and the parents for the injuries suffered by children who wear their shoes.

Published on: June 18, 2009

Barrow County Man Dies in Jefferson Truck Accident

by Robert N. Katz, Esq.

A motorist from Winder in Barrow County has died in a multi vehicle truck accident that involved at least three commercial trucks. Four other people were injured in the accident that took place on the 5^th of June.

As Robert McIlwain began to slow down for traffic on I-85, his Honda CRV was struck by a tractor trailer. According to state patrol, the driver of the tractor trailer, Thomas Terry failed to notice that traffic was slowing down, and struck the guard rail before crashing into the CRV. The Honda CRV was pushed into the path of a second tractor trailer, and then overturned. McIlwain died from his injuries.

Terry then struck a 2004 Dodge Dakota before it overturned into a median. The Dakota was pushed into a third tractor trailer that had stopped for traffic. In all, four people were injured in the accident, including Terry.

Published on: June 17, 2009

Could Atlanta’s Angry Drivers Increase the Risk of Auto Accidents?

by Robert N. Katz, Esq.

Last month, we reported that Georgia’s drivers ranked poorly in a survey of motorists based on their knowledge of safe driving practices. As it turns out, motorists in the state’s capital may not only be lacking in their knowledge of safe driving, but may also be aggressive to boot.

According to the Atlanta Journal Constitution, a new survey has placed Atlanta among the five worst cities in the country as far as road rage and aggressive driving are concerned. Drivers in New York are reportedly the worst, with Dallas Fort Worth, Detroit and Minneapolis-St. Paul following. What that means is that motorists in these cities and Atlanta are more likely to tailgate or make rude gestures, weave in and out of traffic lanes and indulge in other forms of aggressive behavior.

Road rage incidents are more common in metropolitan cities that have busy roads. Congested roads mean traffic delays, and consequently, frayed tempers.

Published on: June 15, 2009

Mattel Settles CPSC Lead Paint Violation Allegations with $2.3 Million Fine

by Robert N. Katz, Esq.

Toymaker Mattel has agreed to pay $2.3 million to settle allegations that it imported and distributed toys that contained lead levels in paints that were in excess of federal standards.

The Consumer Product Safety Commission announced the penalties, the highest ever for importation and distribution regulation violations by the agency, on its website. Mattel and its subsidiary Fisher Price, have been charged with importing toy that contained lead levels that were higher than the .06 percent by weight, mandated by federal laws. Mattel was charged with importing 900,000 toys that were non compliant with the standard, while Fisher Price, according to CPSC allegations imported more than 1.1 million toys that did not comply with those safety standards. With the fines, Mattel has put those allegations to rest.

The lead toy recall crisis of 2007 has had several positive effects – Congress moved to equip the generally-regarded-as toothless CPSC with more powers to prevent such crises. This led to the implementation of the Consumer Product Safety Improvement Act, which sets standards for lead in children’s products including toys, among other standards.

Published on: June 13, 2009

Gwinnett County Drunk Driver Kills Woman in Hit and Run Accident

by Robert N. Katz, Esq.

A drunk driving accident in Gwinnett has shocked a Lawrenceville Community, and sparked outrage among residents who are now calling for efforts to control the dangers from speeding and drunk motorists.

On Sunday night, 25-year-old Sabrina Stanek was at home with her two children when she noticed a speeding driver zooming up and down the street. Stanek walked up the curb in front of her house to stop the driver. As she stood near the curb, the drunk driver Constantine Toncz lost control of his truck, and struck the woman. Stanek was crushed between Toncz’s truck and another truck parked off the street. She died from injuries caused by the accident. Stanek was a single mother who had two children, aged 4 and 6.

Toncz, a construction worker from Romania was arrested later, and charged with vehicular homicide. After hitting Sabrina, Toncz didn’t stick around to survey the damage. He simply got out of his car, and walked to a relative’s house on the same street.

Published on: June 12, 2009

Child Injured By Falling Television Set at Cherokee County Motel

by Robert N. Katz, Esq.

A one-year-old child had to be airlifted to an Atlanta hospital last month after she sustained serious injuries when a television set fell on her at a motel in Cherokee County. The accident happened just as a new study published in a medical journal reveals that the number of children injured by falling furniture, including large screen flat panel televisions, has risen dramatically over the past two decades.

In the motel incident, the child was injured when a 32 -inch television fell off the dresser, and onto her. She suffered a fractured skull. It’s not clear what steps the motel management had taken to secure the T.V on to the dresser to prevent such tip overs. It appears that the motel management could have done a lot to keep their premises safe for parents of little children.

According to Consumer Reports, television tip over accidents generally occur when a child tries to climb on to the table or dresser on which the television is placed. Children below the age of five are more likely to be injured by falling televisions, and these accidents seem to be more common among boys. The most common injuries that result from falling television sets are skull fractures, which can consequently lead to brain injures. Such injuries can require extensive medical treatment, including surgeries, and also require long periods of physical rehabilitation.

Published on: June 9, 2009

Bausch and Lomb Settles Hundreds of Eye Infection Lawsuits

by Robert N. Katz, Esq.

After Bausch & Lomb Inc. went private in 2007, the contact lens maker conducted a quiet recall of its ReNu with MoistureLoc solutions, without much fuss and away from the public glare.

As it now turns out, the company also quietly settled nearly 600 product liability lawsuits brought against it by contact lens wearers across the country, who contracted a fungal eye infection called Fusarium Keritatis. These persons claimed that the infection, which left some of them with permanent eye damage, was the result of using the ReNu with MoistureLoc multi purpose solution. Fusarium Keratitis is an extremely rare infection which means that when these cases of infection began to show up in 2005, ophthalmologists were not able to diagnose the infection correctly and treat it properly. As the result, 60 people suffered enough eye damage to require a cornea transplant, and at least 7 people lost an eye.

Several of these injured users have had their lives impacted dramatically by the infection. One race car driver in Colorado had to give up his passion for racing after he suffered severe eye damage. A Broadway actress who suffered scarring in her eye was also one of those who filed a product liability lawsuit against the company.

Published on: May 31, 2009

New Legislation will make it Easier for Truck Companies to Weed out Bad Drivers, Prevent Accidents

by Robert N. Katz, Esq.

A new piece of legislation gives Georgia truck accident lawyers and families of victims who have died in accidents caused by drunk or pharmaceutically impaired truck drivers, plenty of cause for cheer. The legislation would set up a national database of commercial vehicle drivers’ alcohol and drug test results.

The legislation called The Safe Roads Act, has been introduced by Senators Mark Prior, D-Arkansas, Olympia Snowe, R-Maine, Ben Nelson, D-Nebraska and Roger Wicker, R-Mississippi. It will authorize $5 million every year to develop the database, and mandate trucking companies and medical review officers to report positive drug and alcohol test results to the Federal Motor Carrier Safety Administration. Employers will be required to check the database, and make sure that the driver they plan to hire, does not have a history of substance use.

Drug and alcohol testing is mandatory for commercial trucking companies. A company is required under law to conduct a drug test before a driver begins duty. In spite of this, far too many truck drivers continue to drive tractor trailers and buses after testing positive for drug and alcohol use. The system has too many loopholes to prevent such drivers from slipping through the cracks. For instance, a company could fail to verify the employee’s drug history. Applicants may not report their testing history accurately to new employers.