- M. Brandon Smith | January 25, 2007 8:26 PM |
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Property Owner's Liability (Slip & Fall)It seems like every time I pick up a newspaper or read an article online, it illustrates another vicious dog attack. Annie, Maiforth, an 86-year-old Cobb County resident is just the latest victim as two dogs, a German shepherd and Labrador retriever violently attached her earlier this week. The attack left Maiforth with sever injuries which include lacerations to her right arm and inner left...
- M. Brandon Smith | January 25, 2007 8:21 PM |
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Wrongful DeathAfter a the death of a young mother in a recent water drinking contest held by a local radio station in California, a wrongful death lawsuit has now been filed on her behalf by the family members left behind. It is alleged that the contest promised a Nintendo Wii to the person who could drink the most water in a single sitting without going to bathroom. As a result of the contest, Jennifer...
- M. Brandon Smith | January 23, 2007 11:01 PM |
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Defective & Dangerous ProductsA few short months ago in Valdosta, Georgia, the Georgia Public Health Laboratory (GPHL) received eight new Salmonella Montevideo claims from the South Georgia Medical Center between August 28, 2006 and September 5, 2006. While ordinarily these 8 cases might not seem like a reason for great concern, it raised the suspicions of the GPHL and Department of Human Resources Division of Public Health...
- M. Brandon Smith | January 23, 2007 10:21 AM |
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MiscellaneousAfter initially denying thousands of claims filed against it in the aftermath of Hurricane Katrina, State Farm Fire & Casualty Co. decided yesterday to settle hundreds of lawsuits filed against it by its policyholders after the company initially denied their claims for one reason or another. The settlement agreed in principle by State Farm is said to exceed $80 million to more than 600...
- M. Brandon Smith | January 21, 2007 9:34 PM |
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Automobile AccidentsPeter Holliday Jr., 85, was tragically struck and killed in a pedestrian accident just before 3 p.m. at his Macon, Georgia residence earlier yesterday afternoon. Holliday, who lived on Forest Hill Road in Bibb County, was checking his mail when the accident occurred. It is believed the first vehicle swerved to miss Holliday but a second vehicle driven by 34-year-old Malaika Johnson of Macon,...
- M. Brandon Smith | January 21, 2007 9:04 PM |
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Automobile AccidentsSince my previous post about the death of an 11-year-old Atlanta girl who was struck by a hit and run driver, authorities have recently made an arrest of the alleged suspect. Atlanta police arrested Tory Fairchild, 23, in connection with the hit and run accident which left Terriona Ison dead last week. Fairchild has been charged with felony murder, vehicular homicide and numerous other charges...
- M. Brandon Smith | January 17, 2007 11:03 AM |
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Automobile AccidentsIn a rather unique accident, a 2001 Dodge Ram carrying 20 passengers recently crashed into a tree after running of the road in LaGrange, Georgia earlier this week. Of the 20 Hispanic passengers, 14 were injured and two died as a result of the crash. Authorities investigating the scene said the van was returning from a trip to Florida but they are still uncertain as to why the van ran off the...
- M. Brandon Smith | January 17, 2007 8:51 AM |
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Automobile AccidentsInvestigators are still investigating the tragic death of an 11-year-old girl who was struck and killed as she was trying to cross an Atlanta street earlier this week. Witnesses say the Chevrolet Impala, which sped off from the scene of the accident immediately after striking the young girl, made no attempt to see if she was okay or did anything to help save her life. The young girl was...
- M. Brandon Smith | January 16, 2007 9:12 PM |
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MiscellaneousIn Shepherdsville, Kentucky a fiery train crash has caused hundreds to evacuate their homes, schools and work as flames emanated from the accident scene. The train crash which occurred earlier this morning involved numerous train cars that were carrying toxic chemicals like cyclohexane. Authorities investigating the Kentucky train derailment said a number of people suffered injuries relating...
- M. Brandon Smith | January 16, 2007 8:43 PM |
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Automobile AccidentsGeorgia's dangerous roadways claim yet another teen driver's life as J.C. Ferrel, a Central High School student, lost control of his vehicle and died as a result on Monday night. The 17-year-old honor student and athlete was returning home from work when his vehicle apparently hydroplaned off Highway 166 in Bowden. The Carroll County accident marks yet another tragic loss of life on our State's...
- M. Brandon Smith | January 16, 2007 8:14 PM |
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Automobile AccidentsIn a recent pedestrian accident in Cleveland, Georgia, a woman was serious injured as she tried to cross the road on south main street. The woman, who has yet to be identified, was struck by an oncoming vehicle that apparently did not see her until it was too late. Witnesses of the accident said the unidentified driver tried to avoid the pedestrian but was unable to do so. The pedestrian was...
- M. Brandon Smith | January 14, 2007 2:36 PM |
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Automobile AccidentsA tractor trailer that reportedly caused a three car auto accident caused major delays to traffic and left one overturned vehicle demolished. Witnesses say the tractor trailer, which was not stuck in the accident, was the cause of the accident but left the scene of the accident despite the driver's negligent actions. The driver of the demolished truck tried to avoid the tractor trailer and...
- M. Brandon Smith | January 14, 2007 1:41 PM |
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Automobile AccidentsEveryone who has ever driven on a public highway or interstate has seen tractor-trailers (aka semis or 18-wheelers) and knows how dangerous they can be if not operated properly. A recent trucking accident on I-75 involving a tractor-trailer is just the latest example. In this rather bizarre accident, a truck driver side swiped a patrol car and careened into an ambulance that had just responded...
- M. Brandon Smith | January 14, 2007 1:31 PM |
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Automobile AccidentsIn a deadly accident last week involving a vehicle and a train, one woman died after her vehicle became stuck on the tracks of the train. The train accident, which occurred in Taylors, South Carolina, involved a 73-year-old woman, Betty Van Sisk, who could not get across the tracks before the crossing arms came down as the train approached the intersection. The impact from the train forced...
- M. Brandon Smith | January 11, 2007 9:33 AM |
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MiscellaneousHave you ever given a deposition? If you have ever been involved in a lawsuit you undoubtedly have, but surprisingly enough many have no idea what a deposition entails. In its essence, a deposition a question and answer session where the opposing attorney asks all types of questions ranging from where you grew up to why you filed you cause of action. Typically it will involve the deponent, the...
- M. Brandon Smith | January 10, 2007 11:08 PM |
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Automobile AccidentsIn a recent posting by a fellow InjuryBoard.com partner, Ed Smith, of the Law Officers of Edward A. Smith, the topic of drinking and driving is discussed in terms of what happens after some is injured due to the negligence of a drunk or impaired driver. In many instances the end result of such a reckless act often ends in serious injury and/or death to those involved. And more times than not,...
- M. Brandon Smith | January 10, 2007 9:37 PM |
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Automobile AccidentsNow that the Georgia General Assembly has reconvened to tackle this year's important tasks and to address the State's needed changes, one topic that is expected to come up soon concerns the use of cell phones by teens while driving. According to the gwinnettdailypost.com:A bill prefiled in the House for this winter's legislative session would prohibit 16-year-old and 17-year-old drivers from...
- M. Brandon Smith | January 10, 2007 9:23 PM |
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Automobile AccidentsYet another fatal accident has occurred in Liberty County after a Midway resident loses his life in an auto accident on Highway 84. Just before the Christmas holidays, John McGrath, now deceased, was heading east on 84 in his suv when another driver, Shania Simmons, 17, turned in front of his vehicle therein causing the accident. McGrath's suv violently slammed into Simmons' Honda on the...
- M. Brandon Smith | January 09, 2007 7:29 PM |
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Nursing Home & Elder AbuseAre those who are deemed mentally ill or in need of psychiatric care seen as inferior or less important by society standards? If you live in the State of Georgia and base your opinion on the actions of those in charge of caring for these individuals, you just might be inclined to believe some do feel this way. In a recent investigation by Alan Judd of the Atlanta Journal Constitution, it has...
- M. Brandon Smith | January 09, 2007 7:10 PM |
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Automobile AccidentsIn another tragic auto accident, a 13-year-old boy, Ahkeem Rodriguez Mathews, lost his life Sunday night as the vehicle he was riding in crashed after being chased by police. The driver of the vehicle, a 16-year-old minor, was said to have taken the car without permission when it violently slammed into a telephone pole according to Maj. Tim Robinson of the Clayton County Police Department. It is...
- M. Brandon Smith | January 09, 2007 10:19 AM |
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Automobile AccidentsIn a second alcohol related accident in the Columbus, Georgia area, a pedestrian was struck and killed by another driver as he was trying to cross the road. Jack L. Whitten, 54, of Columbus, was struck and killed by a vehicle traveling on Veterans Parkway near 14th Street according to the authorities. Whitten, whose blood alcohol content was said to be .361, died shortly after the accident at...
- M. Brandon Smith | January 07, 2007 6:00 PM |
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Automobile AccidentsThe Christmas holiday period in Georgia was more dangerous and deadly than previously expected on the State's roads and highways according to the Georgia State Patrol. Each year based on detailed research and analysis, the Georgia State Patrol puts out statistics of how many auto accidents and deaths it expects to occur during the busy Christmas holiday season. This year the predictions were off...
- M. Brandon Smith | January 07, 2007 2:39 PM |
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Automobile AccidentsDriver in auto accident flees the scene to avoid liability for his actions in Gainesville, Georgia according to police. According to Sgt. Shawn Welsh, the driver of the other vehicle struck in the auto accident was ejected from his vehicle and is currently recovering from his serious yet stable injuries after being taken to Northeast Georgia Medical Center. The accident occurred on Jesse Jewell...
- M. Brandon Smith | January 07, 2007 10:15 AM |
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Automobile AccidentsAn alcohol related auto accident ends in death in Columbus, Georgia over the Christmas holidays according to the Columbus police department. In the auto accident, Joseph Ryan McConnell, 22, lost control of his vehicle around 3:30 a.m. on Manchester Expressway near Reese Road which subsequently lead to the death of his passenger Rebecca Partain of Midland, Georgia. McConnell was subsequently...
- M. Brandon Smith | January 06, 2007 6:26 PM |
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Automobile AccidentsWhen a driver operates a motor vehicle without paying attention to he or she is doing it puts the lives of others around them at great risk for injury or death. A prime example of this is shown in an recent auto accident where the driver of a Cadillac Seville failed to yield the right-of-way to another driver and caused a serious collision. Upon impact the other vehicle was forced off the...
- M. Brandon Smith | January 06, 2007 3:13 PM |
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Automobile AccidentsIn a tragic Georgia auto accident, a Liberty County man was killed after the driver of the vehicle he was riding in mistakenly turned in front of an on coming Georgia State Patrol trooper on U.S 84 in Midway, Georgia. John R. McGrath, 66, of Midway was pronounced dead at the scene as a result of the collision. The at fault driver of the vehicle and another passenger suffered only minor injuries...
- M. Brandon Smith | January 06, 2007 12:57 PM |
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Automobile AccidentsIf you have ever seen some who has been a victim of a pedestrian accident you know how deadly the consequences can be when someone gets struck by a motor vehicle. Belva Johnson, 92, knows first hand know after she was struck by a vehicle in a grocery store parking lot. Johnson, who was walking behind a parked vehicle in the parking lot, was struck as the car backed out of it spot leaving her...
- M. Brandon Smith | January 06, 2007 12:53 PM |
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Automobile AccidentsThursday afternoon, a 14-year-old girl was tragically struck and killed by a van while she was riding her mini-bike near Empire Boulevard at Glenrose Circle in Southwest Atlanta. Authorities are still investigating the incident and have not decided whether to charge the driver of the van with any violations of Georgia law. Drivers in Georgia have a duty to pedestrians and others around public...
- M. Brandon Smith | January 06, 2007 12:02 PM |
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FDA & Prescription DrugsThe Food and Drug Administration has said that the manufacturer of Trasylol (aprotinin) needs to use a stronger warning associated with the drug to address the overwhelming number of risks associated with kidney damage. Bayer is being asked by the FDA to promote the use of Trasylol, a drug which is used to help reduce blood loss during coronary artery bypass surgeries, only in patients who are...
- M. Brandon Smith | January 06, 2007 11:08 AM |
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Automobile AccidentsIn a recent fatal accident in New York, a drunk driver was being chased by local authorties after being suspected of conducting a drug deal. A high speed chase insued and ended when the drunk driver crashed into a suburban home that left the homeowner dead. According to authorities the home owner was sitting in his living room when the drunk driver lost control of his vehicle and caused the...
- M. Brandon Smith | January 05, 2007 11:05 PM |
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Automobile AccidentsDo you have a child? Is that Child small enough to require a car seat when traveling? If you answered yes to both of the above questions you might want to read this article on child safety seats. In a report conducted by Consumer Reports, the leader in consumer advisories and product opinions, recently found that moSt of the infant car seats it tested "failed disastrously."According to wsbtv.com...
- M. Brandon Smith | January 05, 2007 9:41 PM |
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Automobile AccidentsThree people were injured and one is dead after the driver of the vehicle they were riding in lost control of the vehicle and crashed on Christmas Eve. Michael Whitlock, 25, was a passenger in the vehicle and his life as a result of the crash. It is believed that the driver of the vehicle was drunk at the time of the auto accident. The accident occurred Georgia 327 located in Franklin County. ...
- M. Brandon Smith | January 05, 2007 8:47 PM |
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Mass Transit (Airline, Cruise Ship, Train, Bus)Recently near Columbia Metropolitan Airport, a small plane crashed leaving no survivors. The plan had left Columbia earlier in the day as it went to Rock Hill, Virginia. Authorities investigating the wreckage are still not certain what caused the plane to crash on its way back from Virginia. According to wsbtv.com:The airport reported visibility of a mile and a half and worsening at the time the...
- M. Brandon Smith | January 05, 2007 8:21 PM |
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Automobile AccidentsFellow InuryBoard.com blogger Susy Owen, of the California law firm Owen, Patterson, & Owen, recently wrote a blog about what a person should do if they are involved in an automobile accident. It provides statistics of how approximately 90% of auto accidents are attributed to driver negligence and gives some great advice on how to best handle what can be a very chaotic situation. Although the...
- M. Brandon Smith | January 05, 2007 9:07 AM |
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Automobile AccidentsTwo men have been arrested for their involvement in a recent hit and run auto accident that left a Cobb County sheriff's deputy dead. The driver has been charged with vehicular homicide, a felony under these circumstances, hit and run, failure to maintain lane, and driving without a license. The passenger has been charged with falsely reporting the car as stolen after abandoning it at the scene...
- M. Brandon Smith | January 05, 2007 1:12 AM |
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Automobile AccidentsJoshua's Law, a new law recently passed in the Georgia Legislature governing the licensing procedures for Georgia's teen drivers, went into effect on January 1st of this year. The law requires new drivers to complete a driver's education course and 40 hours of supervised driving, six of which must be done at night. The law was enacted after Joshua Brown was tragically killed in a single vhicle...
- M. Brandon Smith | January 04, 2007 8:26 PM |
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Automobile AccidentsIn an update to a previous post concerning a hit and run diver that struck and a 17-year-old man, the police have identified the owner of the vehicle in the hit and run incident: Edgar Pena-Fernandez. Pena-Fernandez, of Lawrenceville, is wanted for questioning regarding his vehicle and its involvement in the incident. Although no charges are currently pending, maybe this investigation will lead...
- M. Brandon Smith | January 04, 2007 8:03 PM |
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Automobile AccidentsRight after Christmas, four cheerleaders from Hauser High School were involved in a car accident while in route to the Capital One Bowl in Orlando, Florida. The cheerleaders were selected to perform at the New Year's Day game but did not make it after another car swerved into their path causing the van they were riding in to tip over onto its side. The van slid some 75 feet off the roadway...
- M. Brandon Smith | January 01, 2007 12:19 PM |
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Automobile AccidentsA recent auto accident involving the Minnesota Vikings cornerback Fred Smoot will sideline the athlete for the teams final regular game of the season. Details of the auto accident show Smoot broke his jaw in five places during the auto accident and as a result, Smoot subsequently had to have surgery to repair his jaw. Smoot was at home visiting family and friends in his native state of...
- M. Brandon Smith | January 01, 2007 7:12 AM |
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Automobile AccidentsThe Christmas holiday period takes its toll in Georgia as a 17-year-old Roswell woman was tragically killed Christmas morning after being ejected and struck by a hit and run driver on I-285 near Ashford Dunwoody Road. Devon McKniff, deceased, was a passenger in the truck driven by Victor Cardajal-Altamirano who was later found to have been driving under the influence. Upon impact with a...