Georgia Injury Law Blog

Published on: December 23, 2009

Nursing Home Resident Indicted in Roomate’s Murder: Was Neglect Involved?

An unusual murder at a nursing home in Massachusetts is grabbing the interest of nursing home attorneys around the country. Does the murder of a 100-year-old patient at an elder care facility by her 98-year-old roommate qualify as grounds for neglect by staff?

The incident occurred at a nursing home in Massachusetts. The victim, Elizabeth Barrow and was found strangulated in her bed in September this year. Indicted in her death is Barrow’s roommate, 98-year-old Laura Lundquist. Lundquist will likely not stand trial, and has been ordered by a judge to undergo a competency evaluation.

According to the victim’s son, Scot Barrow, his mother had told him that she had been frequently threatened and harassed by Lundquist. Scott was concerned enough about these threats to bring them to the notice of the nursing home authorities. However, his concerns were shot down by staff who said that the roommates got along just fine.

Published on: December 22, 2009

Georgia Slip and Fall Jury Verdict in Favor of Movie Theatre Chain

by Robert N. Katz, Esq.

A jury in Clayton County, Georgia has held that movie theater chain AMC is not liable to a woman, who was injured in a slip and fall accident after she tripped on a wet floor sign at a theater.

The woman, Sue Brown was at the AMC Southlake Theater in 2003. It was Christmas day, and the theater was packed. Just before the end of the movie, a staff member put an A-frame “wet floor” sign to warn about a small spill a few paces outside the theater door. However, by the time Brown reached the spot, the sign had fallen down, and caught as she was in the throngs of people, she wasn’t able to see the sign. Her toe got caught in the handle of the sign, and she fell.

Brown and her husband filed a suit against AMC. Initially, a Clayton Court judge granted a summary judgment for AMC, but a court of appeals reversed that decision. The Supreme Court ruled that slip and fall accident issues, especially those that relate to a retailer’s responsibility to safeguard its premises’ and the responsibility of patrons to look out for their own safety on other’s premises, must be left to juries. The case went to a Clayton County jury, which has now delivered a verdict in favor of AMC.

Published on: December 21, 2009

Settlement Mills vs. Atlanta Trial Lawyers

by Robert N. Katz, Esq.

Stanford Law School professor Nora Freeman Angstrom has published an investigative report” Run of the Mill Justice” in the Georgetown Journal of Legal Ethics. She has scathing remarks for what she calls “settlement mills” – law firms that are involved in the mass resolution of claims. These firms base their business – it might be a stretch to call it “practice” of the law – on taking on high volumes of accident and injury cases and rushing to settle these with insurers, often for low amounts.There is minimal interaction with the client, and the principle is to rush though cases, with barely any of these cases ending up before a jury.

These mills get most of their clients from aggressive advertisements on billboards and television. Most importantly, a settlement mill is rarely interested intaking a case to trial, and getting a fair value for the client. The report makes very interesting reading, and Angstrom does not hold back as she names law firms, including one in Georgia, that she characterized as having low jury trial rates.

It’s not often we hear a law expert openly calling out these settlement mills by name, and as Atlanta personal injury trial lawyers who believe in fighting for justice for every individual client, we agree with what she says. Not every accident case will go to a trial. Very often, clients reach favorable settlements without having to go to court. However, if a case cannot be resolved during settlement negotiations, it’s important that your Atlanta personal injury attorney be equipped with the resources, skills, preparation and expertise to take your case to trial, and win.

Published on: December 15, 2009

Are Hospital Surveillance Systems the New Frontier in Patient Safety

by Robert N. Katz, Esq.

As Atlanta medical malpractice lawyers, we closely follow advancements in patient safety. With the healthcare debate focusing strongly on medical malpractice lawsuits, hospitals are seeing a great need to cut down on the errors and medical infections that occur in their facilities. A new report by the American Medical Association shows that surveillance systems could be the next big thing in patient safety, helping enforce safety rules and preventing the incidence of preventable errors and infections.

Surveillance of surgeons was in the media spotlight last month, when a Rhode Island hospital was ordered to have video and audio recording devices installed in the operating rooms. The state’s health department ordered the Rhode Island Hospital to install the cameras, after a series of 5 surgical errors occurred at the facility in just two years. These errors were wrong site surgeries, which are some of the most preventable medical errors.

While surgeons at Rhode Island Hospital will now have video cameras recording their surgical moves, doctors in Maryland hospitals could soon have “secret shoppers” hired by the hospital observing their hand hygiene practices. Low hand hygiene compliance rates have been a source of worry to Atlanta medical malpractice lawyers. Poor hand washing practices contribute to thousands of hospital-acquired infections every year. It’s these infection rates that Maryland hospitals are looking to cut with the program that funds hospitals to train people to observe whether doctors, nurses and other staff wash their hands when they come out of a patient’s room. These “secret shoppers” will be trained to blend into the environment, so they don’t stand out and alert doctors they are being watched.

Published on: December 14, 2009

Georgia’s Campaign Against Drunk Driving Lowers Accident Rates

by Robert N. Katz, Esq.

States like Georgia, that conduct aggressive enforcement activities against drunk driving, are more likely to see a dramatic drop in accident fatality rates. That’s according to Transportation Secretary Ray LaHood, who launched the annual national crackdown on drunk driving over the holiday season.

Across the country, including in Georgia, law enforcement efforts will be stepped up to keep intoxicated motorists off the road. Each state has its own version of the annual crackdown, and this typically includes sobriety checkpoints and concentrated drunk driving patrols. The launch of the annual crackdown coincides with an announcement by the National Highway Traffic Safety Administration, that drunk driving accident fatalities nationwide dropped by 7 percent in 2008 compared to 2007. In Georgia, 416 people died in drunk driving crashes in 2008, compared to 445 in 2007. That was a decrease of 5 percent. This has been largely due to the effort of our law enforcement personnel, and the concentrated patrols mounted during alcohol-heavy holidays, like New Years.

The Georgia Governor’s Office of Highway Safety’s campaign “Operation Zero Tolerance” will kick off later this month around the state. The point of having campaigns like this around the holiday season, isn’t to round up partiers and throw them in the slammer for a night, as some drunk drivers like to believe. The campaign is meant to act as a deterrent for drunk drivers. Those who drink at a venue must know that they must either call a cab, get a friend to drop them home, take public transport or sleep it off at the venue. If they decide to drive home under the influence, there is a very high likelihood they will be caught and arrested.

Published on: December 13, 2009

Georgia Tractor Trailer Accident Leaves Four People Injured

by Robert N. Katz, Esq.

A tractor trailer accident in Spalding, Georgia last week left a mother and four children seriously injured.

According to the Atlanta Journal Constitution, the accident occurred as Cindy Lynn Fain was driving her minivan. A tractor trailer driver apparently ran a stop sign, and crashed into the passenger side of the van. Fain and her three children aged 2, 4 and 5 were seriously injured in the accident. They have been transported to Atlanta hospitals. Investigations into the accident are going on. The truck driver Solomon Debala, has been charged with failure to stop at a stop sign and other charges.

The huge potential for catastrophic injuries in an accident involving a tractor trailer is why there are federal regulations in place governing the conduct of truck drivers. Truckers must drive with greater care than drivers of passenger vehicles. There is simply no room for traffic violations when you’re in control of a massive rig.

Published on: December 12, 2009

Stronger Side Airbag Standards Proposed To Save Lives in Rollover Accidents

by Robert N. Katz, Esq.

NHTSA Proposes Stronger Side Airbag Standards to Save Lives in Rollover Accidents

As Atlanta personal injury lawyers, we have had our complaints about the National Highway Traffic Safety Administration, and the slowness with which the agency reacts to urgent safety issues. However, we will also be the first to admit that the agency has done some stellar work recently, especially in the field of rollover crash prevention and minimizing injuries from these crashes.

Earlier this year, the agency announced that it would be requiring automakers to comply with stronger roof strength standards, o prevent the kind of injuries and deaths that result from roof collapses in a rollover. The agency has also been quick to catch on to the importance of devices like Electronic Stability Control technologies that can help prevent rollover crashes. Now, the agency is proposing stronger side airbag standards that will prevent the risk of side window ejections during a rollover. According to the Washington Post, the NHTSA could require automakers to install stronger side airbags that will prevent ejections even if passengers are not wearing seatbelts.

Published on: December 4, 2009

Doctors, Lawyers are at Higher Risk of Auto Accidents

by Robert N. Katz, Esq.

Doctors and lawyers are most at risk for auto accidents, at least according to a list of the most accident-prone professions in the country. The list was released by Insure.com and the Quality Planning Corporation, a company that validates policyholder information for insurers. The company has collected and analyzed data about car accidents based on profession, and ranks doctors at No.1 on the list.

Every year, there are:

1. 109 accidents and 44 speeding tickets for every 1000 doctors

Published on: December 3, 2009

Atlanta Firefighter Injured in Accident Involving a Loose Truck Tire

by Robert N. Katz, Esq.

Atlanta Firefighter Injured in Accident Involving Loose Truck Tire

As Atlanta truck accident lawyers, we often find a common misconception that in a tractor trailer or commercial truck accident, the truck must be involved in a direct impact accident with the other vehicle for it to qualify as grounds for liability. As we often see, semi rigs and 18 wheelers can cause injuries to motorists and bystanders even if there is no contact between the rig and smaller vehicle. An example of an injury like this occurred in Atlanta in June this year when a firefighter was seriously injured from a tire that rolled off a nearby 18-wheeler.

Firefighter Willie Surry was fighting a brush fire on Interstate-285 near Langford Parkway.According to Surry, the last thing he remembers is putting out the brush fire, before he woke up severely injured in the hospital. A wheel had flown off a tanker truck, hitting the firefighter. Surry suffered serious injuries, including a punctured lung, multiple broken bones and a tear in the knee. He was hospitalized for a month and a half, and may need more surgeries.

Published on: December 1, 2009

Six Injured in Gwinnett County Car Accident

by Robert N. Katz, Esq.

Six Injured in Gwinnett County Car Accident

Five members of a Georgia family have a lot to be thankful for, after they escaped what could have been a serious accident in Gwinnett County over the Thanksgiving weekend. The five and their taxi driver have sustained injuries.

According to the Atlanta Journal Constitution, the taxi was travelling on I-85 when it was hit by a dark-colored car. The car was also traveling south in the lane next to the taxi, when the driver lost control, and sideswiped the taxi. The impact caused the taxi to flip over. The driver and the five passengers were able to climb out of the taxi. The injured included at least 3 children, aged 9, 7 and 6. Fortunately, the injuries are not life threatening.