Georgia Injury Law Blog

Published on: January 7, 2008

Personal Injuries Caused by Faulty MARTA Escalator

Varying reports have now appeared about a MARTA escalator incident on New Year’s Eve.At first the Atlanta Journal Constitution reported, “a bunch rowdy college football fans lost their footing” when one of the Five Points MARTA station escalator’s malfunctioned.Eleven people were injured in the accident.

According to riders, the escalator suddenly began running backwards at four to five times its normal speed.The sudden reverse escalation caused the riders to fall to the stairs in a heap.Over 50 people were dropped to the station platform.One person sustained a broken leg, and 11 people were transferred to the hospital.

MARTA officials blamed the mishap on this group of “rowdies” and said “people should learn not to mess around.”Eyewitnesses disputed such behavior.Three days later MARTA admitted that three transit escalators in two stations failed that day. A MARTA spokesperson revealed that the braking system on two escalators failed at the Five Points station and one failed at the Georgia Dome station all on News Year’s Eve.The escalators were subsequently shut down and are under repair.The next day the Atlanta Journal Constitution demanded that MARTA “take aggressive steps to eliminate persistent equipment problems.”

Published on: January 2, 2008

False Claims Act Nets Whistleblower $4.9 Million

by Robert N. Katz, Esq.

Last week the Atlanta Journal Constitution reported the case of Teri Ramsey, a former St. Joseph’s Hospital nurse turned whistleblower whose False Claims Act lawsuit against St. Joseph’s cost the hospital $26 million with a net reward to her of $4.9 million.This is the highest paid health care fraud in Georgia history.

Ramsey, a nurse by profession, was hired to review hospital admissions.Within weeks of beginning her job, Ramsey noticed that many outpatient services were billed as inpatient services.The billing distinction allowed for St. Joseph’s to collect significantly more from Medicare.Ramsey complained to supervisors and doctors, but claims she was quickly rebuffed and even told not to “rock the boat.”Ramsey’s persistence caused her to be ostracized by co-workers and intimidated by supervisors.The hospital culture created a disincentive to whistle blowing.

Ramsey persisted, nevertheless.She contacted an attorney and filed a complaint under the federal False Claims Act. This Act, also known as a qui tam proceeding, allows private citizens to sue on behalf of the United States for fraudulent claims on United States funds.The False Claims Act has considerable teeth. Defendants found liable under the Act must pay treble (three times) damages of the actual over billing.Also, the Act provides for civil penalties of $5000 per each fraudulent claim.Finally, in order to encourage private citizens to turn in defrauders, the private citizen is entitled to collect 15 to 25 percent of the recovery.Often, federal prosecutors step into the suit and pursue it on behalf of the government.

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 10, 2007

Medical Malpractice Cases Face Tighter Expert Rules

by Robert N. Katz, Esq.

Last week, a divided Georgia Supreme Court in Nathans v. Diamond, S07A0738 tightened the rules relating to expert testimony in medical malpractice cases.

In 2003, Dr. Andrew Diamond of Northside Ear, Nose and Throat (Northside ENT) performed surgery on plaintiff Nathans to correct his sleep apnea.During the surgery, Nathan suffered bleeding, respiratory distress and lapsed into a coma.After recovering, Nathans and his wife filed a medical malpractice lawsuit against Diamond, claiming he failed to adequately inform him of the risks of the surgery.

As required in Georgia under O.C.G.A. § 9-11-9.1, all medical malpractice complaints must be filed with an attached affidavit of a medical expert attesting that the defendant deviated from the standard of care.The Nathans attached an affidavit of a pulmonologist from Tampa, Florida.

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 26, 2007

Medical Reimbursement by Wal-mart Leaves Employee Destitute

by Robert N. Katz, Esq.

November 26, 2007

Last week, the Wall Street Journal’s (subscription required) front-page story explained insurance subrogation through its personal effect on Wal-mart employee, Deborah Shank.Fifty-two year old Shank worked as a night clerk at Wal-mart for years in order to care for her three sons during the day.Seven years ago while shopping at a yard sale, Shank was hit by a semi tractor-trailer, leaving her paralyzed and brain damaged for life.

Shank’s family sought legal help and eventually obtained a one million dollar settlement, which were the limits of the defendant’s liability insurance policy.With the settlement, the Shanks paid their attorneys, paid off some debts and purchased a wheelchair accessible home for Mrs. Shank.They placed the remaining $417,000.00 in a special trust to care for her at home long term.

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.

Published on: November 12, 2007

Sleeping Truck Drivers Cause Accidents

by Robert N. Katz, Esq.

November 11, 2007

Last week the Center for Disease Control (CDC) celebrated Drowsy Driver Prevention Week.Interestingly, in a poll conducted as part of their education campaign, 47 percent of commercial truck drivers admitted to having fallen asleep while driving a truck during some point in their career.

In a study conducted of the sleep patterns of long haul truck drivers and printed in the New England Journal of Medicine, drivers obtained between 4 and 5 hours of verifiable sleep during the course of driving ten-hour days in a five-day period.Most people need between 7 and 9 hours of sleep per night.Thus, fatigue and sleep deprivation constitute significant safety issues for long haul truck drivers.

Published on: October 29, 2007

Cell Phone Use Causes Auto Accident

by Robert N. Katz, Esq.

October 29, 2007

Recently, the Georgia Court of Appeals reversed a grant of summary judgment to the defendant in an interesting case involving the use of a cell phone by an employee enroute to work.In Hunter vs. Modern Continental Construction Company, the employee shift supervisor was enroute to work when he was involved in a car accident with the plaintiff.Plaintiff sought to bring her lawsuit against not only the driver/supervisor, but his employer as well.

The employer moved for summary judgment (a dismissal of the case before it gets to trial) on the basis of established case law that driving to and from work is an act for the employee’s own purposes and not in pursuit of the employer’s business.

Published on: October 16, 2007

Punitive Damages

by Robert N. Katz, Esq.

October 16, 2007

When a drunk driver causes an accident and someone is injured, the drunk driver may be liable for more than just the plaintiff’s injuries and property damage. Georgia juries are allowed to “fine” the defendant by awarding punitive damages. Punitive damages not only punish the defendant for his or her egregious conduct, but they are also intended to discourage this type of behavior in the future.

Last year in Georgia over four hundred automobile accident fatalites were the result of drunk drivers. Drunk driving fatalities accounted for over twenty-seven percent of all the accident fatalities. Moreover, last year drunk driving fatalities increased over seven percent from the year 2005. In Georgia, a driver is considered to be driving under the influence of alcohol if his blood alcohol content (BAC) registers .08 or above.