Blog Archive - November, 2010

Auto accidents are a very real and unfortunate reality; they can impact any of us. More than 6 million automobiles are involved in car accidents each year. These accidents result in the tragic death of 40,000 people and injuries to another 3 million people. Of those injured, many unfortunately suffer permanent injuries. If you or someone you love is involved in a Georgia auto accident, the emotional, physical and financial consequences can be overwhelming.

A tragic fire that raged inside a Duluth residence claimed the life of a 10-month-old baby and injured the baby's parents Saturday night. When emergency personnel arrived at the scene, the father of the child was in the front yard screaming that his house was on fire and that his infant was still inside the residence. The police were able to break the windows of the residence and rescue the child from the fire, but the child later died at the hospital.

A serious head-on accident in Bartow County that caused the death of four people a few weeks ago serves as a grim reminder of the extreme risk of serious injury and death posed by head-on collisions. The Bartow County accident occurred when a Kia Sportage on Highway 140 crossed the center divider and collided head-on with the other driver's Buick LaSabre.

A pedestrian was run down and killed by a woman driving eastbound on South Marietta Parkway late Monday night. This latest pedestrian accident is a tragic wake up call to those who walk the roadways in the greater Atlanta area and elsewhere throughout Georgia. Atlanta has been rated amongst the ten most dangerous cities in the U.S. for pedestrians. Three pedestrians per day are struck by motor vehicles in just the Atlanta metro area counties.

Insurance companies, business organizations and politicians championing tort reform often use the term “frivolous lawsuit” with the infamous McDonald’s coffee case as the example that is supposed to epitomize a frivolous personal injury lawsuit. The actual facts of the McDonald’s case make it far from frivolous and paint a clearer picture of the basis for the punitive damage award. Personal injury litigation is an important supplement to the criminal law for discouraging unsafe behavior that places innocent victims at risk of serious injury or death.

There is an auto accident in the U.S. every 12 minutes which causes permanent injuries, including traumatic brain injuries, spinal cord injuries, and other serious long-term physical disabilities in over two million people per year. About 5.3 million Americans currently live with the after-effects of a traumatic brain injury and as many as 400,000 are currently living with a spinal cord injury.

A Cherokee County woman was killed when she was ejected from her Jeep Cherokee when it left the roadway, rolled and landed on the roof of the vehicle. The woman was presumably not wearing a seatbelt as her body was located over forty feet from her vehicle. The preliminary investigation suggests that the woman failed to or was unable to negotiate a curve in the road, and proceeded off of the roadway and down into an embankment.

No one expects to be involved in an incident that causes serious injuries such as a car crash, trucking accident, medical misdiagnosis or slip and fall accident. Unfortunately, tragic accidents that result in catastrophic injuries and even death are common. When a person suffers personal injuries in an incident like a motor vehicle accident, it is sudden and unexpected so accident victims are typically unprepared to deal with the consequences. The stress and anxiety of suffering injuries in a serious accident often is compounded by a lack of familiarity with the legal process.

Georgia State Representative Rusty Kidd was injured last week as someone tried to assist him down the stairs in his wheelchair. The person who was trying to render assistance slipped and fell on top of Kidd. Kidd suffered neck injuries and was taking to Piedmont Hospital. The extent of Kidd's injuries is still unclear, but further tests are being conducted. Preliminary reports are that Kidd could eat and that he had full movement of his arms. Kidd has been in a wheelchair since he suffered severe spinal injuries in a motorcycle accident in 1999.

A raucous house party in Conyers led to the tragic shooting of an 18-year-old a week ago. Two other teenagers that were attending the party were also shot. The party got so out of control that the police were summoned for a noise complaint before they had to come back out for the shooting. Another party in Douglas County also led to a participant being stomped to death. As house parties, rave parties and other parties attended by teenagers, who are often under the influence of drugs or alcohol, lead to more deaths and serious injuries, it becomes even more important that parents are vigilant in knowing where their teenagers are so that they avoid these dangerous parties.

A pedestrian was hit by a motor vehicle on I-85 in Atlanta, just north of Cleveland Avenue on Wednesday. The highway patrol indicated the man was still breathing following the collision but no further information is known at this time. Pedestrian accidents like this one are all too common with a pedestrian being hit and injured by a motor vehicle every 8 minutes in the U.S. Because the human body is no match for thousands of pounds of metal moving at high rates of speed, these accidents frequently result in catastrophic injuries and death for pedestrians.

Two separate toys have been recalled because of similar features that pose a risk of strangulation to small children. The first product is Horse-on-a-Stick which was manufactured in China and imported by Big Ideas Marketing, Inc. The toy is a plush stick horse toy with a plastic bridle and reins. The other toy that has been recalled is a rocking horse, which was manufactured in Poland and imported by Rocking Horse Depot.

Hanover Direct/Domestications has joined other retailers who previously announced a recall in December 2009 of all Roman shades and roll-up blinds. Approximately 495,000 Roman shades and 28,500 roller/roll-up blinds imported by Hanover Direct, Inc (AKA Domestications, The Company Store and Company Kids) are subject to recall. The blinds subject to recall all pose strangulation risks caused by children becoming entangled in the pull cords or lifting loops.

A fully loaded 80,000 pound trailer-tractor barreling down the highway at over 65 miles per hour is daunting enough, but such an image becomes terrifying when combined with a driver who is under the influence of illegal drugs. Despite the increased need to be especially careful and alert when driving a commercial truck because of reduced maneuverability, braking distance and visibility, drug use still plays a role in many trucking accidents in Georgia and throughout the country.

We have all seen police chases on television where police cars streak down the roadway in pursuit of a motor vehicle driven by a suspect. Many times these television depictions include serious collisions with other vehicles. The sad reality is that such accidents can and do occur in the real world with consequences that can be devastating. Approximately 300 people are killed annually as a result of high-speed pursuits involving law enforcement entities.

While few people are surprised that alcohol and distracted driving are common causes of fatal auto accidents, many people would be surprised to learn that drowsy drivers are involved in 5,500 fatal auto accidents each year. This means that almost 17% of all auto accident fatalities involve drivers who are drowsy. While sleepiness has long been recognized as a factor in some auto accident fatalities, prior estimates by the National Highway Traffic Safety Administration (NHTSA) presumed the rate of auto accident fatalities related to drowsy driving were in the 2-3% range.

GlaxoSmithKline, the large British pharmaceutical company, has settled claims that the company knowingly sold contaminated and ineffective drugs. The case is an example of the growing influence of whistleblower actions brought by those who report wrongdoing within a company. The drugs at issue included Paxil, an anti-depressant; Bactroban, an ointment; Avandia, a diabetes drug already linked to problems; Coreg, a heart drug; and Tagamet, which is for acid reflux.

Aimee Michael was convicted and sentenced to 36 years in prison for causing a chain reaction crash on Easter Sunday that killed five people in Fulton County, Georgia. Michael's punishment was much more severe because she fled the scene of the fatal accident and then engaged in a pattern of conduct designed to cover-up the fatal auto accident. At the sentencing hearing, the Fulton County judge specifically identified the fact that she fled the scene of the accident as a fact he could not get out of his mind when trying to determine her sentence.

A Buford man was killed when he lost control of his 1998 GMC Sonoma and his vehicle flipped over on Hog Mountain Road in Gwinnett County. The police reports indicate that Joe Archer lost control of his vehicle and crossed the centerline before hitting the curb on the other side of the road. Police indicated that they believe that alcohol contributed to the accident. Single car auto accidents typically involve younger male drivers and are often linked to sleepiness or alcohol use.

Graco Children's Products, Inc has announced the recall of older versions of Quattro Tour and MetroLite Strollers. The Atlanta based Graco, in conjunction with the U.S. Consumer Product Safety Commission, have announced the recall of over 2 million strollers following reports that four infants suffered strangulation deaths between 2003 and 2005.

A serious accident involving a Marietta woman who has been charged with DUI after causing serious injuries to the other driver in the collision serves as a sad reminder that alcohol is still a major cause of Georgia auto accidents. Both drivers were traveling southbound on S.R. 41 when Sheila Anne Hunter crossed into the other lane of Cobb Parkway and collided with a Ford Super Duty Truck causing both vehicles to leave the roadway and flip. Van Engle, the driver of the truck, was transported to Atlanta Medical Center and was purportedly in critical condition.

A Marietta man was involved in a fatal motorcycle accident on Wednesday when he drove his motorcycle into a brick pillar adjacent to Johnson Ferry Road. A preliminary investigation by the police indicates that another motorist cut the rider off. Anyone operating a motor vehicle on Georgia roadways faces a high risk of being involved in a motor vehicle accident at some point during one's lifetime.

This Veterans Day, Montlick & Associates will honor our nation’s veterans with a special television tribute and outdoor message throughout Georgia. Veterans Day is a special day to reflect upon the invaluable contributions of our country's veterans; those with us today and all that have fallen. “We at Montlick & Associates are so grateful for the incredible sacrifices our veterans have made protecting our freedom, and serving our country in times of both war and peace. These tributes are a way of expressing our appreciation, and honoring the men and women who have sacrificed and served on behalf of our great nation,” says Founder and CEO David Montlick. To view the Montlick & Associates special Veterans Day tributes, see the outdoor billboard message below that is appearing in 25 locations, and watch our television tribute in the following ABC news segment:

This 2010 football season, Montlick & Associates and WSB-TV Channel 2 partnered to recognize student athletes who excelled both on and off the field in the Montlick & Associates' Athlete of the Week. Now that the season has ended, it is time to select the Montlick & Associates' 2010 High School Football Athlete of the Year. Montlick & Associates will honor the winning athlete with a commemorative trophy, and donate $5,000 to the winner's school. We would like to congratulate all 11 players on their accomplishments. It is time to case your vote!!

Many elderly nursing home residents suffer serious injuries, even death, as victims of violent assaults committed by much younger mentally ill patients who are increasingly being dumped into nursing homes. In one prominent example, a 77 year old resident in a nursing home was killed when he was struck in the head with a clock radio by his mentally ill roommate who was 30 years his junior.

Montlick & Associates, Attorneys at Law recognizes Angel Santiago of East Coweta High School as the Montlick & Associates’ Athlete of the Week November 5, 2010. Santiago is having a big year for the East Coweta defense. The linebacker has already put up 12 points this season with a fumble return and a pick six. Santiago takes his leadership role seriously. He understands that when he plays well, the other team members also play well. And that leads the team to victories. Santiago says as much as he loves the game, academics come first. “I’m a student athlete so I get the school work done first. That is most important, and football comes second.” Santiago plans to go to college, and hopes to play football at the next level.

Growing older is never easy, especially when a person starts to lose their ability to live independently. Many elderly people fiercely protect their driving privileges because it represents a major part of their independence. Although being a senior citizen does not mean that a person cannot be a careful and skilled driver, there becomes a point at which everyone who lives long enough becomes too old to safely operate a motor vehicle.

There are few automobile safety devices as important as child safety restraint systems. When car seats fail, the result is that our children are left unprotected in the event of a collision or sudden stop. A recall has just been issued by Britax Child Safety, Inc on its Chaperone infant car seats resulting from defective chest clips. Car seat chest clips are often made with inexpensive plastic and can be susceptible to breaking.

Montlick & Associates, Attorneys at Law honors Jonathan Weiner of Woodstock High School as the Montlick & Associates’ Athlete of the Week October 22, 2010. Weiner leads his team by filling in all over the field. He kicks extra points, often plays wide receiver, and sometimes he even takes snaps for the Woodstock Wolverines. Weiner says, “I try to set the best example I can. I try to do what’s right all of the time in and out of school. That’s how I want to lead. I want to do the right thing.” Unfortunately, the junior fractured his femur while diving for a touchdown in Woodstock’s game against Marietta. Weiner’s touchdown helped lead the team to a victory over the Marietta Blue Devils.

A new study just reported in the Center for Disease Control (CDC) publication Morbidity and Mortality Weekly report provides encouraging evidence that teen auto accident fatalities are on the decline. The report indicates that the teenage auto accident death rate for teenagers aged 15-19 declined 17% in 2009 from the rate in 2008 resulting in 500 fewer deaths. The report also indicated this decline is a continuation of recent trends including a 38% decline in fatal teenage car crashes from the period of 2004 to 2008.

Almost one in eight people who have received replacement hips manufactured by DePuy Orthopedics, a subsidiary of Johnson and Johnson, face the prospect of failure of their hip replacement system and the need for painful revisionary surgery. DePuy recently announced a recall of two models of its ASR hip implant device. It is estimated that 97,000 people were fitted with the ASR XL Acetabular System and ASR Hip Resurfacing System devices between 2003 and 2009.

While a sexual assault of a child is never easy to cope with emotionally, the consequences are even more disturbing when the perpetrator is someone the child trusts like a priest or other member of the clergy. A man who alleged that he and his brother were victims of molestation by a priest 35 years ago and received a settlement of $625,000 in 1998 has been arrested for allegedly killing the retired priest.

Montlick & Associates, Attorneys at Law, honors Alex Chisum of Sandy Creek High School as the Montlick & Associates’ Athlete of the Week October 29, 2010. Turner is a three sport athlete, and lines up as a wide receiver for the Sandy Creek Patriots. He recently broke Calvin Johnson’s school receiving records. His excellence on the field has earned him a full athletic scholarship to the University of Cincinnati next year. Chisum is strong leader both on the football field and in the classroom. “Being a leader is very important to me because every team needs a leader, someone to set an example so the rest can follow.” says Chisum.

The Montlick & Associates’ Athlete of the Week is featured on WSB-TV’s Friday night Sportszone program in Atlanta, Georgia. At the end of the 2010 high school football season, Montlick & Associates will crown an Athlete of the Year. And as part of our ongoing commitment to support the community, Montlick & Associates will donate $5,000 to the winner’s school.

The U.S. Supreme Court is poised to hear arguments in a case that may broaden liability of drug companies for vaccine-related injuries. The case being considered is a product liability lawsuit brought by parents of a girl who suffered convulsions and brain damage as an infant. The girl's injuries left her unable to speak and in need of round the clock care for the rest of her life. The vaccine that is alleged to have caused the girl's injuries is Tri-Immunol, a diphtheria, pertussis and tetanus (DPT) vaccine that was manufactured by Wyeth.

Though Thomas Avery was a quadriplegic, he fought for his independence throughout his life. The active independent life that he had worked so hard to develop, despite being disabled, was taken from him when his wheelchair rolled backwards off a lift while being loaded into a city run paratransit bus. Avery suffered a severe brain injury after falling six feet head first, which took away the limited mobility he had in one arm, his short-term memory and his sense of smell and taste.

A tragic DeKalb County auto accident involving members of the SW DeKalb County High School band serves as a sad reminder that while teen accident rates are declining the risk of a car accident involving a teen driver is still substantial. One member of the high school band was killed, and three others suffered serious injuries. The driver purportedly swerved to avoid hitting a dog and collided with another vehicle before the car overturned. The driver's 14 year old sister was killed in the accident. The four teenagers were apparently on their way home from band practice when the accident occurred.

The victim in a beating at the Cracker Barrel Restaurant is considering bringing a personal injury lawsuit after her attacker accepted a plea bargain in a Clayton County, Georgia court that included a sentence of only six months in jail. The beating victim's attacker had been facing up to 44 years in state prison. Much of the attack in which the man punched and kicked the victim was caught on surveillance video.

Motorcycle enthusiasts are among the most vulnerable motor vehicle users on Georgia roads. Motorcycles lack the protective bulk and mass of cars and have an unforgiving nature when a rider needs to make sudden emergency maneuvers to respond to the negligence of other drivers. Traumatic brain injuries are among the most serious risks faced by those involved in serious motorcycle accidents in the Atlanta area and elsewhere throughout the state of Georgia.

A 59 year-old woman who suffered serious spinal injuries when she slipped and fell in a McDonald’s was awarded $5.67 million by a federal jury. The woman suffered a burst compression facture to her vertebrae at the L1 level. The injuries were so severe they required two separate surgeries. The slip and fall victim will be on a permanent pain management program and is unable to get around without the assistance of a wheelchair.

A recall has been reannounced for over 500,000 Aromatherapy Fountain & Bath Benefits Kits that were originally recalled in January 2009 because of a risk of explosion and projectile injuries. The children’s toy has been determined to be unsafe because the pressure created by the buildup of carbon dioxide in the jars of Bath Bombs/Balls or Bath Fizzies may cause the non-vented lids to be blown off of the jars creating explosion and projectile dangers.

A massive recall has been issued by General Motors (GM) that affects 322,409 Chevy Impalas that were manufactured in 2009 and 2010. GM has indicated that the seat belt webbing in the vehicles covered by the recall may not have been fastened correctly to the lap belt anchor.

A serious auto accident claimed the lives of four people Monday afternoon when a Kia Sportage which was traveling westbound on S.R. 140 crossed the center divider line and crashed head-on into a Buick LeSabre that was traveling eastbound. Sadly, the driver of the Kia and three people in the Buick were killed. The Bartow County auto accident is currently under investigation.