Atlanta Injury Law Blog

Columbia, SC, 2/8/06. A seven-vehicle pileup on I-26 Wednesday morning killed a husband and wife, sent 12 people to hospitals and shut down the eastbound lanes for more than five hours, authorities said. Steven Robert Gerth and Nancy Dianne Gerth, both 65, of St. Cloud, Minn., died at the scene. Their Toyota Camry was crushed…

In a report published by the Cato Institute’s magazine Regulation, professors Katherine Baicker of Dartmouth College and Amitabh Chandra of the Kennedy School of Government at Harvard University studied the impact of medical malpractice payments on medical liability insurance premiums, size of the physician workforce, and the use of “defensive” medicine. In each category, the…

Since my days as a young prosecutor, I have observed the mayhem wrought by drunk drivers. Therefore, I am pleased to sponsor the updated web site for Mothers Against Drunk Driving (MADD) Georgia chapter. When drunk drivers cause wrecks, Georgia jurors are often ready to send a message that such conduct is unacceptable, even if…

I never cease to be amazed and inspired by the resilient spirit of clients with spinal cord injuries. We have one paraplegic client who braved Third World travel conditions to participate in a church mission trip to Nicarauga. She ministered to women and children in the community, taught music classes at a school for the…

An Indiana man who has been a paraplegic for 23 years is going to China for an olfactory nerve stem cell implantation in his spinal cord. An American researcher has characterized the operation as “highly controversial” as China does not have the safeguards on medical experimentation that we have in the U.S. However, for a…

An editorial in today’s Macon Telegraph notes that some Republican legislators who supported the tort reform legislation last year now feel that they went too far. Some now want to roll back the virtual immunity from liability that was granted to emergency room doctors. Judges have held unconstitutional portions of the tort reform bill in…

TV lawyer shows never portray the tedious work of reviewing documents, researching law, and analyzing the effect of contracts and insurance policies. The recent decision of the Georgia Court of Appeals in Ryder Integrated Logistics, Inc. v. Bellsouth Tecomms. Inc. illustrates the sometimes mind-numbing work involved in figuring out who pays what after a catastrophic…

From time to time we encounter problems in obtaining service of process on corporations based outside Georgia. In GMAC Mortgage Corp. v. Bongiorno, Case No. A06A0053, decided January 23, 2006, the Court of Appeals reasserted that service may be made not just on a registered agent, but on “the president or other officer of the…

2/3/06.Two Florida men and a Georgia truck driver died in a chain-reaction crash that has shut down southbound lanes of Interstate 95 near Hardeeville, SC, near the Georgia state line. The crash about 1:25 Friday morning happened as traffic was stopped because of another incident farther up I-95. A tractor trailer hauling steel rear-ended a…

A U.S. District Court judge in Colorado has ruled that violation of the FMCSR driver log rule is negligence of a matter of law, but that the plaintiff must present evidence of a causal relationship between the violation and the wreck. In Hill v. Western Door, 2005 WL 2991589 (D.Colo.,2005), the court ruled: [T]he requirement…