Blog Archive - February, 2011


45 Articles

NASA Report Concludes Toyota Sudden Acceleration Accidents Result from Mechanical Systems

February 25, 2011

Toyota sudden acceleration issues have dominated the auto industry product liability news, including massive recalls and the recent settlement of a $10 million sudden acceleration wrongful death lawsuit. A report just released by NASA has concluded that the sudden acceleration accidents are a result of mechanical failures such as faulty floor mats and sticky accelerator pedals rather than electronic system defects. Federal regulators are considering having the automaker install a number of safety systems to reduce the risk of future sudden acceleration car accidents.

Fatal Austell Accident Reminder of Dangers of Multi-Car or Chain Reaction Accident

February 25, 2011

A Douglasville woman was killed in a fatal Austell auto accident when she lost control of her vehicle on a recent Sunday morning. The woman was driving Westbound on I-20 when she apparently lost control of her vehicle. The vehicle struck the guardrail and left the roadway before moving back onto the roadway and colliding with the center median. After colliding with the center median, the woman's vehicle was struck from behind by another vehicle.

GM Recalls Over 100,000 Vehicles Because of Defective Seatbelts

February 24, 2011

Seatbelts are the most important safety feature in a motor vehicle and are responsible for saving over fifteen thousand lives per year according to the National Highway Traffic Safety Administration. However, a defective seatbelt, especially one that appears to be functioning correctly, can create a false sense of security leaving a vehicle occupant completely unprotected in the event of a serious auto accident.

Quality Control Issues Regarding Children's Tylenol Worries Parents

February 24, 2011

McNeil Consumer Healthcare, a subsidiary of Johnson & Johnson, has been beset with problems relating to quality control issues at several of its plants. These issues led directly to a company recall of several versions of Tylenol medications for children. The recalls affecting certain liquid infants’ and children’s Tylenol, Motrin, Zyrtec and Benadryl were directly related to deficiencies in the manufacturing process according to the FDA.

FDA Knew of Serious Sterilization Issues in Plant That Produced Contaminated Wipes

February 23, 2011

A massive recall of tens of millions of supposedly sterile pads and wipes has been issued linked to problems with contamination and sterilization at a plant run by the Triad Group of Hartland, Wisconsin following the tragic death of a two year old Houston boy, Harrison Kothari. The boy died after being infected with a rare bacteria Bacillus cereus. Another hundred reports regarding contaminated alcohol prep pads have been logged by the FDA since the recall of Triad products because of contamination with the bacteria Bacillus cereus.

Doerun School Bus Accident Shows Danger to Traveling School Children

February 23, 2011

A car recently hit a nine-year-old Doerun girl as she was getting ready to board her morning school bus. The girl was taken to the hospital for her injuries, which are not believed to be life threatening. According to Colquitt County Schools Assistant Superintendent Mickey Key, the school bus's red lights were flashing and the stop sign on the side of the vehicle was deployed. Key also indicated that several other vehicles were stopped and waiting for the school bus to turn of the lights and retract the stop sign. It is not clear at this time why the driver that struck the girl did not stop.

$15 Million Slip and Fall Verdict Against Wal-Mart Illustrates Slip and Fall Evidentiary Issues

February 22, 2011

A $15 million dollar verdict in a slip and fall lawsuit against Wal-Mart is believed to be the largest slip and fall verdict in the country. The case provides an example of the complex factual issues that can make these cases difficult to litigate as well as the types of evidence that must be uncovered to prevail. The plaintiff in the case was Holly Averyt, a self-employed trucker who delivered frozen goods to a Wal-Mart store in Greeley, Colorado.

Montlick & Associates Reports $132.5 Million Verdict in Explorer Rollover Wrongful Death Lawsuit Involving Met Prospect

February 21, 2011

A jury awarded $132.5 million in a wrongful death lawsuit for the tragic death of promising Mets prospect Brian Cole. The basis of the lawsuit was that the defective design of the Ford Explorer caused the SUV to rollover when Cole swerved to avoid another vehicle that had pulled into his lane which forced him to go onto the median before returning to the highway. The maneuver was a routine driving maneuver that is executed safely on a regular basis by drivers in other vehicles.

President Obama Refers to "Frivolous" Medical Malpractice Claims: What Is a Frivolous Case?

February 20, 2011

During his state of the union address, President Obama made reference to working with the GOP on establishing medical malpractice tort reform, which has included economic caps on damages for non-economic damages in many states. An equally troubling development is the increasing tendency of politicians and the media to toss around language like "frivolous medical malpractice lawsuit". This raises an important question – What is a "frivolous medical malpractice lawsuit?"

Fatal Accident a Reminder Alcohol and Motorcycles Are A Deadly Combination

February 19, 2011

A 29-year-old Powder Springs man, James W. Groover, was killed in a fatal motorcycle accident Saturday night. According to police, Groover's 2007 Harley Davidson was traveling eastbound on Moon Road west of Florence Road when the bike left the roadway as he tried to negotiate a left curve. Although the accident is still under investigation, police have indicated that they believe the accident was alcohol related.

Four People Injured in Head-On Drunk Driving Accident

February 18, 2011

Four people were injured in a head-on drunk driving accident in Southwest Atlanta early Saturday morning a week ago. The drunk driving accident occurred when Lavella Mayfield’s vehicle crossed the road into the wrong lane as she was driving west on Campbellton Road. The other vehicle was so badly damaged that the jaws of life had to be used to free them from the car. Mayfield faces DUI and other charges.

Pending Legalization of Alcohol Sales Means More Drunk Driving Accidents

February 15, 2011

A new law authorizing counties to legalize Sunday alcohol sales in stores passed its first major hurdle this week. The Senate State and Local Governmental Operations Committee approved the legislation, which would allow local voters to vote on legalizing Sunday sales of beer, wine and liquor at stores. There has been a lot of public support for this idea in the past so local communities may soon get to decide whether to make the sale of alcoholic beverages available on Sunday.

Fatal Accident Following Ford Windstar Axle Failure

February 15, 2011

A Massachusetts family is blaming Ford for failure to take adequate steps to warn the public about a product defect in certain Ford Windstar vans that can cause the axle to rust and break in half. Sean Bowman, a father of two young daughters was killed when the rear axle on his Ford Windstar broke in half, causing him to lose control of the vehicle and crash into a building.

Jury Awards $12 Million in Fatal Cement Truck Accident

February 15, 2011

A Virginia jury awarded Jessica Lester and her husband Isaiah $12 million in a wrongful death case involving a cement truck that rolled over onto the victims' car causing serious injuries and ultimately Jessica's death. Evidence was introduced in the case that the cement truck driver was speeding and had disregarded delivery instructions to stay on certain flat two-lane roads rather than the curvy mountain roads were the accident occurred.

Georgia Distracted Driving Frequently Asked Questions (FAQ)

February 14, 2011

Distracted driving has become a leading cause of auto accident related injuries and fatalities, causing an estimated 448,000 injuries and almost 5,550 traffic related fatalities annually. Distracted driving reportedly caused approximately 29 percent of all auto accidents in the U.S in 2009. Distracted driving statistics are getting worse, not better, with the growing influence of smart phones, iPads, Kindles and other handheld electronic devices.

Man Driving Horse Drawn Carriage Injured in Collision with Car in Atlanta Georgia

February 12, 2011

Donald Borchardt has filed a lawsuit for injuries he suffered when the horse-drawn carriage he uses to show people the Peachtree sites in Atlanta was rear-ended by a black Lexus. The incident resulted in Borchardt being thrown thirty feet in the air before slamming into the hood of a car. The retiree used the job to supplement his retirement income. Borchardt suffered serious injuries in the collision, including a broken clavicle and broken ribs as well as head and neck injuries.

Wal-Mart Recalls 2.2 Million Electric Heaters Because of Fire and Burn Hazards

February 12, 2011

While the cold weather lingers many of us have sought out ways to stay warm, including the use of portable space heaters. Anyone who has purchased such a heater at Wal-Mart should be aware that the company recently announced a voluntary recall of 2.2 million portable electric heaters sold in its stores because of potential fire hazard and burn injuries. The portable heaters were recalled because they can malfunction and overheat causing them to melt or cause smoke, fire and burn injuries and property damage.

Fatal Smyrna Georgia Hit and Run Accident Claims Pedestrian's Life

February 11, 2011

A pedestrian was killed in a fatal hit and run accident as the man was walking on Old Concord Road at about 7:00 p.m. Saturday night. The driver fled the scene after colliding with the pedestrian, who tragically died from his injuries. Pedestrian accidents often result in devastating injuries because the pedestrian has no protection from the impact. Fatalities are far too common when a pedestrian is struck by a motor vehicle.

Compelling Medical Evidence Indicates Tylenol Causes Kidney Impairment

February 11, 2011

Many consumers have heard the reports regarding the causal relationship between Tylenol (generic "acetaminophen") and serious liver injuries including liver failure, but many do not know that long-term use of Tylenol has also been linked to serious damage to the kidneys. McNeil, a subsidiary of Johnson and Johnson, manufactures Tylenol or acetaminophen. Acetaminophen has a well-established history of causing long-term kidney damage and failure. The "PDR Guide to Drug Interactions, Side Effects, and Indications" cites a study published in a 2001 New England Journal of Medicine that reported long-term acetaminophen use was associated with an increased risk of end-stage kidney disease. Approximately 8 to 10 percent of the patients in the study who were on acetaminophen developed end-stage kidney disease.

Evidence Suggests that Even Short-Term Normal Doses of Tylenol Can Cause Liver Damage

February 09, 2011

A study published in the Journal of the American Medical Association indicates that some healthy adults who took the normal dose of Tylenol (Generic: "Acetaminophen") for only two weeks suffered liver damage. Participants in the study were instructed to take Tylenol in accordance with recommended indications on the label. They took 4 grams of Tylenol per day, which is the equivalent of eight extra-strength Tylenol.

New FDA Limits on Maximum Dose of Acetaminophen (Tylenol)

February 09, 2011

The FDA announced new limits on the permissible dosage of acetaminophen (active ingredient in Tylenol) last month because of the risk of serious liver impairment, which in extreme cases can result in the need for a liver transplant, liver failure or even death. The new FDA limits direct manufacturers of drugs containing acetaminophen to limit the dosage of acetaminophen to 325 milligrams in prescription medicine.

Tylenol for Your Super Bowl Hangover: Why Mixing Alcohol and Tylenol Are a Bad Idea

February 08, 2011

With Super Bowl Sunday last weekend, many people attended Super Bowl parties which frequently included consuming too much alcohol. Many people have approaches for dealing with the negative effects of excessive drinking, including taking a Tylenol or some other over-the-counter pain medicine containing the active ingredient acetaminophen. While this is something that most people have done at some point in their life, the choice to take Tylenol or other over-the-counter pain medication containing acetaminophen to combat your alcohol-induced symptoms can be a dangerous choice.

SUV Crashes into Starbucks and Injures Two People in Georgia

February 08, 2011

There are many activities that people engage in while drinking their Venti Vanilla Latte at Starbucks including reading the paper, surfing the Internet or discussing foreign affairs. You may have noticed that dodging an SUV is not on the list. However, this is exactly what happened at a Cummings Starbucks when a 66 year old driver pushed on the accelerator instead of the gas causing his SUV to crash through a Starbucks’ front window and into a table where two patrons were enjoying their morning coffee. The women were injured and transported across the street to Northside Hospital-Forsyth.

Jury Awards Buford, Georgia Woman $1.2 Million in Coffee Machine Scalding Accident Lawsuit

February 08, 2011

A Buford, Georgia jury awarded a woman $1.2 million in damages for serious burns which she suffered when she was scalded by water that was heated to 190 degrees before spewing out of a cappuccino machine in a QuikTrip convenience store. Cynthia Nance was burned on her hand and arm when water flowed out of the machine as she held her cup near the water dispenser. Her burns were so severe that she may need an electronic implant to repair nerve damage resulting from her scalding injuries.

New Evidence Regarding Dangers of Fosamax May Force Merck to Settle Claims

February 07, 2011

Many leading dangerous drug lawyers speculate that increasing evidence of serious adverse side effects associated with Fosamax and other bisphosphonates may mean that Merck, which manufactures Fosamax, faces growing pressure to settle some of the 900 pending lawsuits involving approximately 2,000 plaintiffs. There is a growing body of evidence that Fosamax and other bisphosphonates, which are designed to increase bone density, may do exactly the opposite in some cases. The FDA has indicated a link between Fosamax and osteonecrosis of the jaw (ONJ) which is a very serious medical condition in which the jawbone effectively dies and is not able to regenerate.

Commercial Trucking Accident Cases in Georgia Pose Unique Legal Issues

February 07, 2011

While many people know that trucking accidents frequently result in serious injuries and fatalities, they often are unaware that the legal issues in tractor-trailer lawsuits are unique and complex. Lawyers who do not regularly handle commercial trucking accident cases often treat them as though they are simply a car accident case with larger vehicles. This approach to a commercial trucking accident case can lead to an accident victim not being awarded the full legal compensation to which the accident victim is entitled.

Many Fortune 500 Companies Banning Cell Phone Use to Avoid Auto Accident Liability

February 05, 2011

A recent survey of Fortune 500 companies revealed that one in five Fortune 500 companies have implemented complete bans on all cell phone use while driving, in response to growing concerns regarding liability over cell phone related auto accidents by their employees. Almost half of the companies that have implemented such bans have done so after 2007, indicating a growing awareness of the risk posed by distracted drivers and the potential liability of employers.

Johnson and Johnson Alleged to Have Hidden Ortho Evra Birth Control Patch Risks

February 05, 2011

Pharmaceutical giant Johnson & Johnson and its subsidiary, Ortho McNeil Pharmaceutical Inc., may have known years ago about the deadly risks of its birth control patch Ortho Evra based on internal company documents that have now been publicly disclosed. Patient reports between 2002 and 2004 show that Ortho Evra was twelve times more likely to cause strokes and eighteen times more likely to cause blood clots than the conventional birth control pill.

Wet Floor Signs May Not Be Sufficient to Protect Georgia Slip and Fall Victims

December 05, 2011

Everyone has seen various “wet floor” warning signs, such as foldable signs that stand upright on the floor or orange warning cones. Some slip and fall accident victims in stores, restaurants, movie theaters and other businesses injured in slip and fall and trip and fall accidents assume that the presence of these warning signs are sufficient to insulate the owner of the premises from liability for dangerous slip and fall and trip and fall accidents.

Georgia Auto Accidents in a Company Vehicle: Can I Sue for My Injuries?

February 04, 2011

Many people are involved in auto accidents while they are working for their employer. These auto accidents can result in serious injuries including head and neck injuries, spinal cord injuries and even fatalities. If an employee is injured while driving a company vehicle, the employee in Georgia in most circumstances must seek compensation for his or her injuries against their employer under the State's workers' compensation system.

Lack of Anti-Lock Brakes Systems Means Needless Motorcycle Accident Fatalities in Georgia

February 04, 2011

People that ride motorcycles know that bikes lack many of the protections of a car, truck or SUV. Motorcycles offer less structural protection, less stability and a smaller margin for error. Anyone who chooses a motorcycle as their mode of transportation knows that these safety differences are somewhat unavoidable. However, the failure of motorcycle manufacturers to adopt anti-lock braking systems (ABS) has increased this inherent risk.

The FDA Reveals Association between Breast Implants and Rare Form of Cancer (ALCL)

February 04, 2011

The FDA revealed a possible association between saline and silicone gel-filled breast implants and anaplastic large cell lymphoma (ALCL), an extremely rare type of cancer. Based on data analyzed by the FDA, the agency revealed that women with breast implants might have a very small but significant risk of ALCL in the scar capsule adjacent to the implant. Doctors are being asked to report incidents of ALCL that appear in the breast of patients with breast implants.

Drunk Driving Accident Focuses Attention on DUI Drivers with Prior Offenses

February 03, 2011

A drunk driver, Hannah Nicole Freeman, was arrested following a collision with an eleven-year-old boy that left the victim in critical condition. This was Freeman's third DUI arrest since September 27, 2009. The boy was walking with his father in Coweta County as Freeman struck the boy, seriously injuring him. The police charged Freeman with DUI, failure to maintain the driver's lane and causing serious injury. This is exactly the type of tragic story that often results when drunk drivers are not kept off of the road. It is particularly appalling that this DUI accident occurred after the driver had been arrested on two prior occasions for DUI within a four-month period.

Pedestrian Hit by Car on I-285 in Clayton County Georgia

February 02, 2011

A vehicle hit a pedestrian on I-285 east of Riverdale Road in Clayton County early Wednesday morning. The severity of the pedestrian's injuries were still unclear. While many people presume that few pedestrian accidents occur on highways and major busy streets, this is actually where the majority of pedestrian accidents occur. A claim for one's injuries suffered in a pedestrian accident on a Georgia highway poses unique challenges because a pedestrian does have a legal obligation to take reasonable care to protect themselves from unreasonable dangers.

The Bad News Continues for Toyota: 1.7 Million Vehicles Recalled Because of Fuel Leaks

February 02, 2011

There is a familiar axiom that "no publicity is bad publicity," but Toyota might dispute that claim at this point. The bad news just keeps on coming for Toyota who just recalled 1.7 million vehicles worldwide because of fuel leaks. This is just another product defect issue with Toyota vehicles, which has seen the company's reputation suffer badly from repeated recalls and lawsuits related to product safety issues. This latest recall follows a series of recalls which now covers more than 12 million cars and trucks.

Overzealous and Under-trained Loss Prevention Security Guards: Liability for False Imprisonment

February 02, 2011

Many of us have witnessed an overzealous security guard, who often is under-trained, engage in excessively aggressive conduct to stop a suspected shoplifter from leaving a store without paying. A person who is wrongfully detained or subject to unreasonable force by an overzealous loss prevention agent may seek damages for any injuries and emotional distress. False imprisonment essentially amounts to restraining or restricting a person's movement and does not necessarily mean the use of physical force. Verbal threats or intimidation, which make it seem that someone is not free to go is sufficient to constitute false imprisonment.

Massive Verdict for Re-Use of 50 ML Vials of Propofol Resulting in Hepatitis C Infection

February 01, 2011

A Las Vegas jury returned the first major verdict against Teva Pharmaceuticals, the manufacturer of the anesthesia propofol, and distributor Baxter Healthcare for producing much larger vials of the drug than would be used for a short procedure, thereby creating a risk of re-use and potential spread of infection. The plaintiff in the lawsuit contracted Hepatitis C during a routine colonoscopy when the doctor used a 50-ml vial of the drug that had been used on another patient who had Hepatitis C.

Cobb County Fire Raises Questions Regarding Causes of Fire in Family Home

February 01, 2011

A tragic fire claimed the life of a person in a Powder Springs home after a predawn fire last Monday. While the body had not yet been identified, there is speculation that it could be the resident that lived in the home. The cause of the blaze is currently under investigation according to Cobb County fire and police officials. Most people presume that accidental fires are extremely rare and that there is very little chance of being injured in a Georgia fire accident.

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Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.