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Car Accidents After Cars Run off the Road

Highway shoulders are a place where hidden dangers lurk for unsuspecting drivers.  The drop-off angle and drop off height of the pavement relative to the shoulder can lead to a car loosing control when attempting to re-enter the roadway.  There are national, state and local ordinances that regulate pavement drop-offs between the edge of the pavement and the road’s shoulder.  Unfortunately, and often, these regulations are ignored by contractors and in other instances erosion and wear and tear of the shoulder can lead to unsafe drop-offs.   Continue reading

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The crux of a wrongful death action in Georgia is the homicide of the deceased.  Homicide includes any case where the death of a human being results; for example, from a crime, from criminal negligence or simple negligence, or from a defective product causing death even where there there is no negligence in the manufacture of the property or product.   Continue reading

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Georgia’s Supreme Court issued a ruling that will pave the way for a jury trial over a man who was tased to death by DeKalb County police officers.   The appeal to the Supreme Court was triggered by a ruling by DeKalb County State Court Judge Wayne Purdom, who denied the police officers’ motion for summary judgment based on claims of immunity. Continue reading

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Train_accident_statisticsThe major news outlets have reported that a likely cause of a deadly AMTRAK derailment was operator inattentiveness, according to the National Transportation Safety Board. There is evidence that the train operator was having a discussion over the radio with a dispatcher about a separate incident that caused another engineer to be injured in the course of operating his train.  It was during this discussion that the operator began to accelerate the train while going into a curve.   Continue reading

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hazard-sign1In a recent case, the Georgia Court of Appeals held that a trial court made an error when it denied a plaintiff’s motion for spoliation sanctions based on the destruction of evidence relevant to the case at hand.  “Spoliation” is another way to say that a party to litigation has destroyed or materially altered relevant evidence.  This destruction can occur at the time of the wrongful event — the negligent act — or some time thereafter.   Continue reading

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just-a-forklift-1439915The Georgia Court of Appeals has held that when a temp worker is randomly shot and killed by another temp worker at the employer’s facility, Georgia’s exclusive remedy provision of the workers compensation act applies.  This means that the only legal remedy the family of the deceased employee is entitled to is workers’ compensation death benefits.  Such death benefits are payable to the surviving minor children until they are no longer minors and/or to a dependent surviving spouse.

In this case, the mother of the worker who was killed sued the employer in negligence for failing to perform a reasonable background check on the man who killer her son.  The facts on appeal showed that the assailant applied for work with the staffing company and used a false name, false picture identification and also failed to completely fill out the application for employment.   Continue reading

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drinking-girl-1196775The plaintiff in this case was driving in her lane when the defendant was driving toward plaintiff coming from the opposite direction.  There were several witnesses who observed the defendant driving in an erratic manner.  For example, on several occasions, the defendant inexplicably stopped her car in the middle of the road and when cars behind her tried to pass, she would speed up and not allow them to pass.  Witnesses also observed her running a stop sign.  Soon after, the defendant driver caused a car wreck that injured the plaintiff and her passenger. Continue reading

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The Georgia Court of Appeals has reversed a trial court’s decision that wrongful death beneficiaries are bound to arbitrate claims against a nursing home when the decedent’s power of attorney holder signed an arbitration agreement when the decedent was admitted to a nursing home.  The Appeals court reasoned that while the power of attorney did bind the estate to arbitrate five other claims (e.g., medical malpractice, negligence, fraud, etc.) the power of attorney did not bind the wrongful death beneficiaries to the arbitration agreement.   Continue reading