Atlanta Injury Lawyer Blog: Personal Injury Law

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Personal Injury Law

Atlanta Injury Lawyer Blog

Covers Georgia injury and accident law including medical malpractice, car accidents, and product liability.

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Last Entry: November 19, 2009 at 16:31:47

Georgia State Bar Executive Committee Meets in Thomas County, Georgia

Posted on November 19, 2009
As a member of the Executive Committee of the State Bar of Georgia, I am proud that our Executive Committee makes a concerted effort to get outside of Atlanta and meet our fellow Georgia Bar members in the four corners of the state. Last week's meeting in Thomasville, Thomas County, Georgia is a prime example of this...

New 2010 Insurance Institute for Highway Safety Top Safety Picks Are Here

Posted on November 18, 2009
The Insurance Institute for Highway Safety's Top Safety Picks for 2010 came out today and for the first time ever, roof strength was tested and included in the ratings. This means the Institute is seriously acknowledging the likelihood of rollover accidents and the survivability of them depending on what type of car you are in...

Road Safer Sunday is November 29: Let's Make Georgia Roads Safer

Posted on November 17, 2009
5,000 Deaths a Year Can Be Stopped By Tom Hodgson Congress should be commended for its work on the Airline Safety and Pilot Training Improvement Act of 2009 in the U.S. House, and the Federal Aviation Administration Air Transportation Modernization and Safety Improvement Act in the Senate...

Georgia Drivers Thinking of Renting a U-Haul?

Posted on November 06, 2009
Georgians who may be planning to rent a U-Haul truck should be aware of potential problems in the U-Haul truck fleet with maintenance of their trucks that may present a safety hazard for the driver of the truck or anyone around the truck. This safety issue came to light in a trial in Texas in 2008 in which a 74-year-old man was seriously injured after a parked U-Haul truck he rented rolled over him...

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Georgia Drivers: Thinking of Renting a U-Haul?

Calling All Georgians: Be An Organ Donor!

Posted on October 16, 2009
Organ donation is so important. Many Georgians are waiting right now for a life-saving organ. I encourage folks to sign donor permission forms and tell their relatives that if they are killed or die unexpectedly, they want any usable organs donated...

Joshua's Law Deserves Complete Funding

Posted on October 13, 2009
I am proud to represent Alan Brown in his quest for justice against the Georgia DOT for its failure to build and maintain a safe road. The Atlanta Journal and Constitution ran an article yesterday on the front page of the Metro Section about Joshua's Law, which Alan Brown, Josh Brown's father, created after the death of his son, Josh, in a single vehicle collision that resulted in Josh's death...

Thomas E. Magill: A True Friend

Posted on October 12, 2009
A week ago tonight one of my dear friends passed from this earth. Thomas E. Magill was my close friend and I am saddened at his death. Tom was a defense attorney, and so we were often adversaries with Tom defending many of the cases I filed on behalf of my clients...

Should We Have "Designated Texters?"

Posted on October 05, 2009
Pulitzer Prize winning political cartoonist Mike Luckavich had the perfect cartoon about texting the other day. It is a group of friends at a bar and they decide to be responsible on the drive home, so one of them says "OK, so who is our designated texter?" Perfect! As you know from reading my blog, studies have absolutlely proven that a sober driver who is texting while driving is really more impaired than an intoxicated driver! Now that's some sobering news...

Will Georgia Legislature Outlaw Texting While Driving (TWD)?

Posted on September 25, 2009
I read yesterday that a group of United States Senators have filed a bill that would make it illegal on a Federal level to text while driving. These Senators are Senator Charles Schumer of New York, Senator Robert Menendez of New Jersey, Senator Mary Landrieu of Louisiana, and Senator Kay Hagan of North Carolina...

Georgia Supreme Court to Hear Caps on Medical Malpractice Damages Case

Posted on September 14, 2009
Tomorrow, the Supreme Court of Georgia, the highest appellate court in the State of Georgia, will hear oral arguments in what may prove to be one of the most significant cases to come before the Court in a hundred years. It is the case of Atlanta Oculoplastic Surgery v...

Tractor Trailer Companies Skirt the Law

Posted on August 31, 2009
A new study by the American Association for Justice shows that 28,000 motor carrier companies, operating more the 200,000 trucks on American roadways, have violated federal safety regulations. Literally hundreds of Georgia trucking companies were listed as having safety violations...

New PSA on the Hazards of Texting While Driving Powerful

Posted on August 25, 2009
I saw this new PSA on the hazards of texting while driving on The Today Show this morning. As a mother of a teenager about to get his driver's permit, I intend to make him watch it. You can watch it, too, but, WARNING: it is extremely graphic. It graphically shows the wreck caused by a teenage driver who was texting while driving three of her friends...

SUV Driver Kills Child Exiting MARTA Bus

Posted on August 13, 2009
My heart is heavy and sad this morning after hearing the news that the little six year old girl who was struck by an SUV driver as she was exiting a MARTA bus died yesterday due to internal injuries suffered in this horrible collision. The driver of the SUV has now turned himself in this morning to police and faces vehicular homicide charges...

Warning for Georgia Drivers: Watch Out for Texting Truckers!

Posted on July 28, 2009
For those of you who have followed my blog, you know that one of my greatest concerns is the danger that texting drivers present to the motoring Georgia public. Texting while driving is not illegal in Georgia...yet. It is already illegal in several states...

Where is Georgia Attorney General in the GM Bankruptcy?

Posted on June 30, 2009
One casualty (among many) of the bankruptcy reorganization of General Motors is personal injury claims against GM based on faulty design or manufacture of their vehicles. The Obama Administration was quick to throw injured plaintiffs under the bus by agreeing that all such pending personal injury claims would simply cease to exist as part of the bankruptcy...

Robin Frazer Clark Elected to Georgia State Bar Executive Committee

Posted on June 30, 2009
FOR IMMEDIATE RELEASE CONTACT: Sarah I. Coole June 20, 2009 Director of Communications 404-527-8700; 800-334-6865 Robin Frazer Clark Elected to Executive Committee of State Bar of Georgia Atlanta ? Robin Frazer Clark of Atlanta was elected to serve on the Executive Committee of the 40,000-member State Bar of Georgia on June 20 during the organization?s annual meeting at Amelia Island, Fla...

Was D.C. Train Crash the Result of Texting?

Posted on June 24, 2009
The news of another train collision was frightening and unwelcome. This time in Washington, D.C., on the Metro commuter trains.One train rear-ended another on the same track which, obviously, is not supposed to happen and you can bet doesn't happen absent someone's negligence or carelessness...

Robin Frazer Clark Elected to Georgia State Bar Executive Committee

Posted on June 22, 2009
I am extremely happy to announce I was elected to the Georgia State Bar Executive Committee on Saturday, June 19 during the Annual Meeting of the State Bar at Amelia Island Plantation, Florida. The State Bar of Georgia is comprised of approximately 40,000 lawyers...

MARTA Train Operator Caught Texting While Driving Train

Posted on June 03, 2009
Have you seen this video? http://www.11alive.com/video/default.aspx?playerId=newsmaker&maven_playlistId=1f23dc40ee67898d157716d17d3efded65dbd23b&maven_referrer=mrss&maven_referralPlaylistId=1f23dc40ee67898d157716d17d3efded65dbd23b&maven_referralObject=1138688802 It is of a MARTA train operator texting on his cell phone while the train is running down the rail...

State of Georgia Should Have Hired a Trial Lawyer in Zyprexa Suit

Posted on May 01, 2009
The State of Georgia should have hired a good plaintiff's personal injury trial lawyer to pursue its suit against the maker of Zyprexa rather than handle such a large case on its own. Because the Attorney General's office pursued the matter against Eli Lilly and Co...

GTLA Welcomes New President, Chris Clark

Posted on April 30, 2009
GTLA Welcomes New President, Chris Clark of Macon, Georgia GTLA wishes to thank out-going President Fred Orr for his wisdom and vision over the past year. With him at the helm, many things have been accomplished (including this new website). With Fred as the Immediate Past President, GTLA eagerly welcomes Chris Clark to his new role...

Savannah Suger Refinery an Example of More Georgia Corporate Irresponsibility

Posted on April 07, 2009
Just like the Peanut Corporation of America in Blakely, Georgia, the Imperial Sugar Refinery in Savannah, Georgia knew of the dangers its plant exposed its employees and Georgia citizens to and did absolutely nothing. In an article today in the Atlanta Journal and Constitution, it is obvious the sugar corporation deliberately exposed its employees to the very real chance of death by ignoring an expert consultant's report warning the corporation's executives of the danger...

Fulton County, Georgia Jury Returns $2.3 Million Verdict for Botched Circumcision

Posted on March 27, 2009
A Fulton County, Atlanta, Georgia jury has just returned this afternoon a verdict in the amount of $2.3 Million in a medical malpractice case involving a botched circumcision. The trial on March 16, 2009, and the jury deliberated from 10:30 a.m...

Insurance Industry May Have Defrauded Millions

Posted on March 27, 2009
That headline should come as no surprise to my readers here in Atlanta, Georgia. Georgians have a unique ability to know when they are getting ripped off, and it appears United Healthcare has been doing that to Georgians and Americans everywhere in the form of insurance fraud...

Some Georgia Legislators Intent on Protecting Georgians' Legal Rights in Georgia Civil Justice System

Posted on March 06, 2009

Georgians Deserve Better than What Governor Perdue Offers with FDA Immunity

Posted on February 20, 2009
I have written about the attempt going on RIGHT NOW at the Georgia Capitol by Governor Perdue and Senator Bill Cowsert and others who take up Governor Perdue's mantra to eliminate Georgian's rights to sue a Georgia pharmaceutical company if its drug harms a Georgian...

New Safety Requirements in Effect for Commercial Pools

Posted on February 09, 2009
A new law has gone into effect for commercial pools that requires these pools all to have drains with anti-entrapment devices. Without these devices, a swimmer, usually a small child, can become entrapped by the sheer force of the drain suction...

Justice Leah Sears, Chief Justice of the Georgia Supreme Court, an Inspiration to All Georgians

Posted on February 07, 2009
On February 4, 2009 Justice Leah Sears, the Chief Justice of the Georgia Supreme Court, gave her last State of the Judiciary address to the Georgia General Assembly. It is her last such address because she has announced she will be retiring from the bench in June of this year...

Georgia Should Not Have a Victim's Pay Law-It Is Unfair to Every Georgian

Posted on February 06, 2009
Governor Perdue is again trying to eliminate the rights of all Georgians to seek legal redress when they have been injured by another person's negligence or carelessness. Please do your part to tell the Governor "No Thanks and No Way." Enacting ?Victim Pays? would be like taking away David?s Slingshot SB 108 would allow intimidation and fear to rule our court of law Atlanta, GA?SB 108, a component of Governor Perdue?s so-called ?tort reform? package, seeks to enact a ?Victim Pays? provision in Georgia law...

Georgians Deserve Better Than Governor Perdue's Proposed New Tort Reform That Will Make Georgians Less Safe

Posted on February 06, 2009
Warning to all Georgia Citizens: Governor Perdue is trying to do away with your constitutional rights and make you less safe! Please help us stop him by letting him and your Legislators know you do not want them to support this bill. Please contact Governor Perdue now and ask him to withdraw SB 101...

Don't Hold Your Breath for Governor Perdue to Fix Peanut Catastrophe

Posted on February 04, 2009
In the midst of what can only be described as one of the worst catastrophes to befall Georgia, the Peanut Corporation of America Salmonella Scandal, Governor Perdue today "promises" to do something about it. While wearing a tie with peanuts on it, (was that some apparent attempt at humor?) Governor Perdue promised he would do something but didn't say what or when or how or by whom...

Governor Perdue's Proposed Immunity for Pharaceutical Companies an Insult to All Georgia Citizens

Posted on February 03, 2009
I continue to be dismayed at Governor Perdue's apparent disdain for his constituents, the hard-working Everyday Georgians. His proposal to eliminate the right and ability of Georgia citizens to hold Georgia pharmaceutical companies responsible for injuries they cause here in Georgia is INSULTING and a slap in the face of every Georgian...

Governor Perdue's Proposed FDA Immunity A Slap in the Face of Georgians

Posted on January 30, 2009
As you know, Governor Sonny Perdue has proposed legislation that would grant any Georgia corporation that manufactures drugs complete immunity from any civil liability if that company's drug harms a user as long as the FDA had approved it. This is a slap in the face of all Georgians and we need to tell the Governor we are not going to put up with it...

FDA a Reckless Joke-Georgians Not Safe From Even Peanut Butter

Posted on January 29, 2009
The salmonella-tainted peanut butter poisoning cases nationwide are frightening and horriffic-over 500 individuals sickened from it so far and eight deaths. From peanut butter! And this is peanut butter that was supposed to have been checked by the Federal Government, in the form of the FDA (Food & Drug Administration) and through State Government, in the form of the Georgia Department of Agriculture, both of which have, obviously, failed Georgians and all United States citizens...

$3.1 Million Verdict Against Target for Malicious Proscecution

Posted on January 12, 2009
A South Carolina jury recently returned a verdict for a woman who was wrongfully accused by Target of attempting to pay for an item of merchandise with an allegedly counterfeit $100 bill. Target violated its own procedures by sending out email with surveillance photos of the plaintiff attached...

Warning to Georgia Medical Consumers: Antibiotics May Cause Tendon Ruptures

Posted on January 12, 2009
I want to continue to use my blog to warn Georgia consumers of dangerous medications when it becomes apparent that a particular drug either is more dangerous than it is helpful, or that the side effects of a drug are so severe that it calls into question using the drug in the first place...

$13 Million Jury Award to Accutane Users

Posted on January 09, 2009
Did you know there is compelling evidence that links inflammatory bowel disease (IBD) to the use of Accutane, an acne drug? If you or a loved one has ever taken Accutane, you need to be aware of this causal link, especially if you begin to show signs of IBD...

Georgia Ban on Texting While Driving a Reality Soon?

Posted on November 24, 2008
As many of you know who read my blog regularly, one of my pet peeves is folks who text while driving a motor vehicle out on the streets of Atlanta, or really anywhere in Georgia. I wrote about this recently when the State of California banned texting while driving, and I assume California has many more licensed drivers than Georgia, given the relative sizes and populations of the two states...

$650,000.00 Verdict in DeKalb County, Georgia Against Likely Suspect, GDOT

Posted on November 20, 2008
I am tickled to report a verdict this week in DeKalb County, Georgia against the Georgia Department of Transportation (GDOT) in the amount of $650,000.00 for the DOT's negligence is causing a collision that resulted in a fractured hip and hip replacement of the plaintiff...

United States Supreme Court to Hear Federal Preemption Case Today

Posted on November 03, 2008
It might not be readily apparent how a case being argued in the United States Supreme Court regarding the Federal Preemption Doctrine has a tremendous effect on the rights of Georgia citizens, but it does. The United State Supreme Court is hearing arguments today in Levine v...

Warning for Georgia Parents: Simplicity Bassinets Recalled But Distributor Ignored Recall

Posted on October 30, 2008
I want to alert all Georgia parents of infants who may own a Simplicity bassinet. Do not use it any more. These bassinets have been recalled because they may lead to strangulation death of the infant. It has come to light, however, that the distributor of these deadly bassinets, SFCA, Inc...

Georgia Consumers' Alert: Baby Crib Recall

Posted on October 22, 2008
I want to pass this very important information to Georgia consumers, particularly parents and grandparents of infants, about a new crib recall. Federal regulators have ordered the recall of nearly 1.6 million cribs following the deaths of two infants...

Georgia Trial Lawyers Association Height of Excellence

Posted on September 26, 2008
Below is an article that appears in today's Fulton County Daily Report about last week's Height of Excellence Gala, sponsored by Georgia Trial Lawyers Association in honor of Judge Anthony Alaimo. Judge Alaimo is an incredible American citizen and an amazing citizen of Georgia...

California Bans Texting While Driving: Georgia Should Follow

Posted on September 25, 2008
Well, here we are again. I know I have been harping alot on this hot subject, texting while driving, but I have witnessed too many Georgians being needlessly injured because of a car wreck that happened because one of the drivers was texting while driving...

Georgia Trial Lawyers Association's Height of Excellence Tonight in Atlanta

Posted on September 18, 2008
Trial Lawyers Association names award after Alaimo Thu, Sep 18, 2008 By ANNA FERGUSON The Brunswick News In his decades as a lawyer and judge, U.S. District Judge Anthony Alaimo has earned an impressive cache of honors and awards. So many, in fact, that one award is now being named after him...

Should Driving Age in Georgia Be Raised?

Posted on September 09, 2008
This is a fair-minded debate about whether the driving age in Georgia should be raised. Today, the Insurance Institute for Highway Safety announced its position that the driving age should be raised in all states as a safety measure. It is a known fact that car wrecks are the number one leading cause of death among teenagers...

Warning to Vytorin Users: It May Cause Cancer

Posted on September 04, 2008
The editors of a leading medical journal, the New England Journal of Medicine, cautioned Tuesday that, without more data, it's impossible to rule out a link between the cholesterol-lowering drug Vytorin and cancer. The cancer link surfaced unexpectedly in July in three studies designed to show whether the drug prevents deaths from heart attacks and strokes...

Georgia Hospital Death Ratings Not So Good

Posted on September 03, 2008
The Federal Centers for Medicare and Medicaid Management have just released a startling study of death rates in our nations' hospitals and Georgia hospitals didn't fare so well. Nine Georgia hospitals rated worse than national norms on death rates for pneumonia or heart failure ? a higher number than all states but California...

Georgians Can Not Trust the DOT to Ensure Our Bridges Are Safe

Posted on August 22, 2008
We have just recently observed the one year anniversary of the tragic bridge collapse in Minneapolis, Minnesota that killed thirteen people on August 2, 2007. Our hearts and prayers remain with those families as they continue to heal from that horrible accident...

$20.1 Million Verdict in Clayton County, Georgia

Posted on August 19, 2008
I am please today to report a $20.1 Million verdict in a motor vehicle accident wrongful death case against an electrical supply company and their employee driver. The verdict came back today from the Clayton County State Court jury. The case involved a 62 year old school teacher who suffered broken ribs when he was rear-ended by an electrical supply truck...

$4.7 Million Verdict in DeKalb County Georgia in Medical Malpractice Case

Posted on August 19, 2008
I am pleased to report in the verdict department of a verdict yesterday in DeKalb County, Georgia of $4.7 Million in a medical malpractice case. No doubt the families of the victim had to wait years to realize this full dose of justice. Congratulations to Plaintiff's counsel Bill Ballard and Greg Feagle of Atlanta...

Will There Be Any Justice for Georgia Youth?

Posted on August 15, 2008
A very sad article appears in the Atlanta Journal and Constitution today about the unnecessary and tragic death of a North Georgia youth at an alternative school. The child hanged himself after being left for hours alone in a "seclusion" room. My friend Wyc Orr represents the mother and father of the child and they are in good hands...

Meriwhether County $1.3 Million Verdict Against Georgia DOT Affirmed

Posted on August 07, 2008
It is with great pleasure that I report to my fair readers that the Georgia Court of Appeals has affirmed a $1.3 Million wrongful death verdict against the Georgia DOT. The case, Baldwin v. DOT, involved the Georgia DOT's failure to notice and fix a stop sign that was down for a length of time between two weeks and two months...

Drivers Still Have Duty to Observe Walkers Who Text

Posted on August 07, 2008
Recently, the Atlanta Journal and Constitution reported that walking while texting can be hazardous to your health. This may, in fact, be true...but I ask the question: Why is everyone so quick to blame the pedestrian? If you are behind the wheel of a 6,000 pound vehicle, shouldn't you watch where you are going and avoid ANY pedestrian, even those who are texting while they walk? If a pedestrian is walking in a crosswalk, a vehicle must yield to that pedestrian regardless of whether the pedestrian is texting, or talking on a cell phone, or picking his nose or doing cartwheels across the street...

Georgia DOT Slammed for $1.75 Million in Georgia Wrongful Death Case

Posted on July 15, 2008
I am pleased to report a verdict last Friday, July 11, 2008 against the Georgia Department of Transportation (DOT) in Taylor County in a wrongful death case. This was a death case against Georgia DOT in which the decedent motorist hydroplaned off the road into a beaver pond and drowned...

Georgia Motorists: Check the Valve Stems on Your Tires

Posted on July 15, 2008
All Georgia citizens who have replaced the tires on their cars in the last couple of years should immediately check the valve stems on the tires. They may be from a defectively manufactured lot of valve stems made by a company in China. There have been numerous instances of horrible wrecks and rollovers due to the failure of these Chinese valve stems breaking while the car is operating...

Good Hands or Boxing Gloves?: Allstate Insurance Company Pays $7 Million Fine

Posted on July 14, 2008
Below is a news article from the Associated Press that details Allstate Insurance Company's finally agreeing to pay a $7 Milliion fine for failing to disclose key documents regarding the manner in which it pays (or really, doesn't pay) claims...

NHTSA's Attempt to Sell Out Motorists on Roof Strength Thwarted

Posted on July 14, 2008
Federal roof crush rule has been delayed By Reni Gertner Staff writer Published: July 14, 2008 Just prior to the deadline for issuing a new roof crush standard, the National Highway Traffic Safety Administration has announced that it is going back to the drawing board under pressure from Congress and consumer advocates...

Lovejoy, Georgia Restaurant Denies Any Responsibility for Death Caused by Food

Posted on July 09, 2008
Once again, in typical corporate fashion, the Ruby Tuesday restaurant in Lovejoy, Georgia, has denied any responsibility for its role in serving a customer a meal that, literally, killed him. The customer, who was allergic to crab meat, ordered Chicken Fresco, but, instead, was served Chicken Oscar, which has crab meat on it...

No Doubt Georgia DOT Signs Are Dangerous and Confusing

Posted on July 08, 2008
Do you remember the tragic Bluffton, Ohio baseball team bus crash that occurred here in Atlanta on I-75 last year? The Georgia DOT, in typical hard-headed fashion, denied any responsibility for their confusing road signs, which led the professional bus driver to continue to drive on what he believed to be the diamond lane for buses, when, in reality, it was an exit ramp to the LEFT of I-75...

Georgia Supreme Court Hailed as Most Productive

Posted on June 17, 2008
As a plaintiff's personal injury trial lawyer who is genuinely concerned about maintaining the independence of the judiciary, I am proud to report the Supreme Court of Georgia is the most productive high court in the country, according to a recent study by The University of Chicago Law School...

Gwinnett County, Georgia Jury Delivers Long-Awaited Justice in Wrongful Death Medical Malpractice Trial

Posted on May 29, 2008
A Gwinnett County, Georgia jury has awarded $5 million in damages to the family of a new mother who drowned in a bathtub at Gwinnett Medical Center. An expectant mother, hospitalized with preeclampsia, drowned in a hospital shower after being told she was OK to shower without anyone there to check on her...

New Georgia Uninsured Motorist Law Signed by Governor Benefits All Georgia Citizens

Posted on May 15, 2008
Georgia Trial Lawyers Association Protecting the Constitutional Promise of Justice for All by Guaranteeing the Right to Trial by Jury, Preserving an Independent Judiciary, And Providing Access to the Courts for All Georgians Governor?s Signing of Insurance Bill Ensures Georgians Will Get What They Pay For SB 276, a bill ensuring fairness for auto-insurance policy holders, signed into law by Governor Sonny Perdue Atlanta ? Today, Georgia Governor Sonny Perdue signed into law a bill that expands options for Georgia auto-insurance consumers...

Robin Frazer Clark Obtains $2.5 Million Judgment in Medical Malpractice Case

Posted on April 13, 2008
On April 9, 2008 I tried a bench trial and secured a $2.5 million verdict in DeKalb County, Georgia State Court on behalf of my clients for the loss of their unborn child due to medical malpractice. The trial was at the DeKalb County Courthouse in Decatur, Georgia...

Georgia Supreme Court Upholds Athens-Clarke County Jury Verdict of $13 Million Against Ford Motor Company

Posted on April 01, 2008
The Georgia Supreme Court has issued an opinion affirming an Athens-Clarke County jury's verdict of $13 Million to the widower of a woman who burned to death in a rear end collision on Highway 129. This is an important decision because it was based on the fact that Ford Motor Company refused to turn over relevant crash data in the case that it was required by law to provide to plaintiffs...

Dangerous Times for Georgia Citizens' Rights at the Georgia Legislature

Posted on March 31, 2008
Today is Day 37 (out of 40) of the Georgia Legislature and it can be a dangerous time for Georgia citizens' rights during these last four days. A prime example is what occurred last Friday when an amendment was attached to a bill at the last moment that would adversely affect Georgia citizens' rights who wish to bring a products liability case against certain manufacturers...

Seat Belts Save Lives

Posted on March 27, 2008
The Atlanta Journal and Constitution's Editorial Board came out on Monday in favor of legislation currently pending in the Georgia General Assembly that would toughen penalties for teenagers who are caught not wearing their seatbelts while they are driving or riding in a car...

Car Accident Victims Really Are In Pain

Posted on March 19, 2008
Finally, scientific proof that car accident victims aren't crazy, they really are in pain. If only their doctors would listen to them and take them seriously when they say, even a full year after the car wreck, they are still in pain. A recent study published on Monday in the medical journal Archives of Surgery showed a year after the injury, 63 percent of car wreck victims reported that they still experienced pain related to the injury, with most having pain in more than one region of the body...

Weak Roofs on SUV's Kill SUV Passengers

Posted on March 17, 2008
Plaintiffs personal injury lawyers across the nation are resisting the urge to say "I told you so" after the recent study by the Insurance Institute for Highway Safety (IIHS) confirms what we have been saying all along: if SUV manufacturers would simply make the roofs of SUV's stronger, it would save lives...

Georgia Landowners Should Remain Responsible for Their Premises

Posted on March 10, 2008
The Georgia General Assembly remains in session today, and with every day, some other Georgia citizen's rights are limited or even eliminated by that body. The latest example is the attempt by the Georgia Senate to extinguish a landowner's liabilty when that landowner operates, for profit, a business that could loosely be described as agricultural in nature...

Health Insurance Carrier Caught Red-Handed

Posted on February 25, 2008
Congratulations to Patsy Bates of Los Angeles, California, who just was awarded a $9 Million arbitration award by an arbitration panel against HealthNet, her health insurance carrier, for it's illegal cancellation of her coverage at the beginning of her treatment for breast cancer...

Georgia Trial Lawyers Condemn the Solicitation of Victims of the Savannah Sugar Refinery Blast

Posted on February 18, 2008
I am proud to be a Past President of Georgia Trial Lawyers Association. It is made up of true trial lawyers who love representing the underdog against enormous odds. Our members are some of the finest lawyers in the State of Georgia and professionalism in all aspects of the practice of law is our hallmark...

Georgia DOT Untrustworthy

Posted on February 06, 2008
Georgia citizens are being placed at risk by the Georgia Department of Transportation. Two Georgia DOT bridge inspectors have now admitted they lied when they certified 54 Georgia bridges as being safe. David Simmons, who worked in a team with Gerald Kelsey, admitted to filing reports for 54 bridges they hadn't actually inspected, according to DOT...

Justice is Served: Oregon High Court Reaffirms $79.5M Jury Verdict in Philip Morris Case

Posted on February 01, 2008
Justice is Served...for the third time, no less. The Supreme Court of Oregon has reaffirmed a $79.5M jury verdict in a tobacco products safety case against Philip Morris. The award was for the family of Jesse Williams, a former Portland janitor who started smoking during a 1950s Army hitch and died in 1997 six months after he was diagnosed with lung cancer...

Plenty of Blame to Go Around in Kentucky Comair Airplane Crash

Posted on January 31, 2008
You may recall the tragic Comair airplane crash in Lexington, Kentucky in 2006. The plane crashed after taking off from the wrong runway, killing 49 of the 50 people aboard. A federal judge Tuesday unexpectedly moved up by four months a trial to determine fault in the crash of Comair Flight 5191...

Wealthy Insurance Companies Rob Their Own Insureds

Posted on January 31, 2008
It is happening in almost every personal injury case these days, a wealthy health insurance carrier grabbing a personal injury plaintiff's settlement money under a roose called "subrogation." It is robbery and every Georgia Citizen and every American citizen should be outraged...

Car Seats Save Lives~Buckle Up the Ones You Love

Posted on January 28, 2008
This child never had a chance. Yesterday, in Atlanta, a two month old infant was killed because she was sitting in her mother's lap while her mother was driving a car and hit a telephone pole. The air bag deployed, as it should, and the infant died immediately...

Georgia State Bar Board of Governors Concerned About Effect of the GREAT Plan

Posted on January 27, 2008
As you may know, I am a member of the State Bar of Georgia's Board of Governors, the governing body over Georgia's 38,000 lawyers. We, the Board of Governors, recently held our Mid-Year meeting here in Atlanta, and one item on our agenda was the GREAT Plan, HR 900, the new tax plan being proposed by the Speaker of the House, Glenn Richardson, a Republican State Representative from Paulding County...

Robin Frazer Clark Named Georgia Trend's 2007 Legal Elite

Posted on December 17, 2007

$36.5 Million Verdict Against Swift Trucking Company

Posted on December 05, 2007
An Arizona jury returned a plaintiff's verdict yesterday of a whopping $36.5 Million against Swift Trucking Company for Swift Trucking's driver's negligence in causing a horrible crash that killed the father of eight children. $13.5 Million of the verdict was for punitive damages to punish Swift for not producing their driver's logs in the litigation...

Old News: Doctors Protect Their Own

Posted on December 04, 2007
It's not news that doctors protect their own, although that fact is now proven. In a recent study, 46 percent of physicians surveyed admitted they knew of a serious medical error that had been made but did not tell authorities about it. This in spite of the fact that in 2000, the U...

Three Botched Brain Surgeries in Same Hospital Indicates Systems Failure

Posted on December 04, 2007
It is hard to believe this actually happened, I know, but in a Rhode Island hospital, there have been three botched brain surgeries in the last ten months in which the physician operated on the wrong side of the brain! In two cases, the doctors did not realize the errors until after they had opened the skull...

Log Truck Accident Kills 12 Year Old

Posted on December 03, 2007
Another log truck accident in Milledgeville, Georgia has killed a 12 year old girl and injured her mother. The accident happened on Sparta Highway in Baldwin County. Although much of the Georgia economy depends on logging, these accidents with logging trucks happen too often and, when they do, they are usually fatal...

"Conservative" Georgia County Knows the Value of Pain and Suffering

Posted on December 03, 2007
I am very pleased to announce a $10 Million verdict by a Bibb County jury for a woman who was made severely ill by a laparotomy pad (sponge) left in her stomach by her doctors during surgery. Although the sponge left by the doctors was discovered in her stomach about a week after it was negligently left there, it had already poisoned the unfortunate woman so severely that it caused kidney damage and blindness...

Will Georgia's Courts Follow Illinois' Courts in Ruling Caps on Damages Unconstitutional?

Posted on November 14, 2007
We can only hope so. An Illinois Circuit Court yesterday held the cap on damages in Illinois to be unconstitutional. This took great courage by the Illinois Circuit Judge to call a spade a spade and she did just that, without regard for the inevitable political consequences her decision may have...

Progressive Insurance Company's Conduct is Reprehensible in Georgia

Posted on October 31, 2007
What could be scarier this Halloween? Tonight on Anderson Cooper 360� prepare to hear a chilling story of lies and deceit as the story of two everyday Americans are haunted by undercover agents in their own church. Progressive Insurance willingly accepted the premiums that Bill and Leandra Pitts paid them each month for UM Insurance...

Warning to Georgia Parent: Baby Seat Recalled

Posted on October 25, 2007
Warning to all Georgia parents: another child seat has been recalled. This time it is the Bumbo baby seat, made by Bumbo International, a Texas company. You can find out more at bumbosafety.com, but after looking at that site, it seems the corporation, like many in its shoes, is attempting to blame the parents for the lack of safety of the very product it manufactured...

Do Georgia Hospitals Discriminate Against the Uninsured?

Posted on October 16, 2007
The answer is probably yes. Georgia hospitals, along with most other hospitals in the United States, most likely discriminate against the uninsured, or those patients insured through either Medicare or Medicaid. A new study regarding patients with appendicitis certainly seems to prove the theory...

Warning for Georgians: Do Not Use Stand 'n Seal Sold at Home Depot in Georgia

Posted on October 08, 2007
I want to issue a warning to Do-It-Yourselfers out there, who enjoy a Saturday trip to Home Depot here in Atlanta, Georgia to find the materials they need to fix up something at the their houses and take pride in having done the job themselves. Do not purchase or use Stand 'n Seal, a sealant used to seal grout around tile...

First Bluffton, Ohio Bus Crash Lawsuit Filed in Atlanta, Georgia

Posted on October 01, 2007
I read in the Atlanta Journal and Constitution this weekend that the first lawsuit regarding the Bluffton, Ohio bus crash, that killed or injured the members of a Bluffton, Ohio baseball team, was filed in Atlanta, Georgia. The article may not have detailed all the counts alleged or all of the defendants named in the suit, but it concerned me that it did not mention the Georgia Department of Transportation as being named as a defendant...

Progressive Insurance Admits to Violating the Privacy of Its Insureds in Georgia

Posted on September 30, 2007
Here in Georgia, Progressive Insurance Company has admitted to spying on its own insureds in a confidential church group. Progressive Insurance Company hired two private eyes to spy on Progressive's own insureds by infiltrating the couple's private, confidential church group, lying about their identities and their motives, so that they might be able to find out some kind of personal "dirt" on the insureds so Progressive could use it against them in an uninsured motorist lawsuit...

Georgia State Bar Takes Corporate America to Task

Posted on September 18, 2007
Thanks go out to Jay Cook, Immediate Past President of the State Bar of Georgia, for calling a spade a spade when it comes to the complete abdication of responsibility by Corporate America. President Cook's op-ed piece in the Atlanta Journal and Constitution today tells the truth:American Corporations routinely put profits over people, including Georgia citizens, every day...

Teen Cellphone Use in Atlanta, Georgia Illegal?

Posted on September 14, 2007
Teen cellphone use while driving is not illegal yet in Georgia, or in Metropolitan Georgia, but it should be. Too many teens are getting killed or injured, or killing others, while using the cellphone while driving. As a trial lawyer here in Metropolitan Atlanta, I see it all too often, usually while meeting with the grieving parents who have just lost their child at the hands of a teen driver...