Atlanta Personal Injury Lawyer

Fatal Motorycle Accident In Covington, Georgia

M. Brandon Smith — Thu, 05 Nov 2009 00:06:08 GMT

Last week on Tuesday, a tragic motorcycle and car accident occurred, leaving one driver dead. Stephen Andrew Wust, a 26 year old from Covington, Georgia was pronounced dead at the scene early Tuesday morning.

A 1999 Toyota Camry attempted to make a left turn off of Sigman Road as the driver was traveling north going onto Interstate 20. It was a little after 5 a.m. when Stephen Wust was traveling south at the same time the Camry was about to turn left.

When the Camry turned towards the on-ramp to the Interstate, it turned right in front of Wust, who was on his motorcycle. This caused Wust to lay the motorcycle down. He was thrown toward the entrance of the interstate as his motorcycle slid away. Wust was then tragically struck and run over by the driver of the Camry.

The driver of the Camry did not have any injuries as a result of this deadly accident but will likely face criminal charges as a result of this fatal motorcycle accident in he days ahead. The investigation into this tragic event continues and will be followed here.

Update:

In other news, the woman driver involved in last week’s traffic crash that killed a Covington motorcyclist was charged with homicide by vehicle by the Sheriff’s Office.

Judith C. Lorier, 66, of 2154 Rolling Acres Drive, was also charged with failure to yield right of way in making a left turn. She was booked into the Rockdale County Jail on Wednesday and released on $1,100 bond, according to RCSO spokeswoman Jodi Shupe.

Roadway safety is everyone's responsibility. Please be care and always look twice before making sudden turns or actions. Thelife you save could be your own.

Originally posted at InjuryBoard by M. Brandon Smith

Morehouse Bus Crash On I-75 in Georgia

M. Brandon Smith — Tue, 03 Nov 2009 00:03:19 GMT

Around 10 a.m. on Saturday, October 31^st, a charter bus carrying 42 members of the Morehouse University marching band ran off the shoulder of I-75, flipped several times, and finally came to a rest approximately 30 feet from the roadway. There were numerous injuries reported and one Morehouse band member sustained serious injuries in the bus wreck. Several students were rushed to local hospitals and all but one were released after treatment and evaluation.

What caused this bus accident? Right now, it appears to be a mix of unlucky rainy weather conditions and poor highway driving. Preliminary investigations reveal that the bus driver tried to avoid another vehicle that cut into his lane and then lost control of the bus on the slick, rain-drenched pavement. Morehouse president Robert Franklin put it best when he said that Saturday “was a frightening day…but thank God not a tragic day.”

Photos of the Morehouse Bus Accident are shown here.

Others has views and input on this Morehouse College Accident as well.

In the interim, the investigation into exactly what happened and why will continue in the coming days and weeks ahead. One of the latest concerns deals whether the bus driver invloved was even allowed to be driving the bus in the first place.

The bus company, Superior Transportation Group, is one of a dozen bus carriers the Georgia Public Service Commission lists as being unauthorized to operate within the state.

The PSC listed a 2008 complaint against the company and said Superior was among the list of 12 charter companies the Commission believes are operating in Georgia "without the lawful authority necessary to legally conduct intrastate transportation of passengers and their luggage."

And Morehouse officials on Monday said the school never contracted with the company to transport the band on Saturday.

"Morehouse College hired Adventure Bus Charter and Tours Inc., based in Sumiton, Ala.," spokeswoman Toni O'Neal Mosley said in a statement released Monday. "We are conducting an internal investigation to determine how Superior Transportation Group, Inc. in Atlanta, was involved."

Mosley said the school's internal investigation is looking into just what company or organization was operating the bus during the accident.

We wish all the best for the band members involved and their families during this very difficult time.

Originally posted at InjuryBoard by M. Brandon Smith

Georgia Power Van Crash Causes Serious Injuries on Stone Mountain Freeway

M. Brandon Smith — Wed, 14 Oct 2009 14:43:00 GMT

A van carrying 9 Georgia Power employees was involved in a very serious auto collision on Tuesday after another vehicle reportedly clipped the back end of the Southern Company commuter van. According to reports, emergency personnel had to use the jaws of life in order to get the van occupants out of the vehicle. Of the nine employees believed to be in the Georgia Power van, six people we air lifted to Grady Memorial Hospital and Atlanta Medical Center for treatment. 3 other occupants reportedly did not survive the Georgia Power van collision. No names of those involved have been released at this time.

The wreck happened just after 4:30 during afternoon traffic between Stone Mountain Industrial and Memorial Drive.

WSB reported that witnesses told investigators that a Dodge Stratus clipped the rear of the van as the sedan driver attempted to make a lane change.

The names of those killed and injured have not been released, but WSB radio reported that the van was a Southern Company commuter van, and the victims were Georgia Power employees.

The van was owned by VPSI, Inc., a Michigan-based company that owns and leases commuter vans in cities across the country. Company spokesman Jim Cain said VPSI vans are typically driven by employees of the local companies providing the van service.

This is a tragic event for all involved and the investigation into the van crash will continue in the days and weeks ahead to confirm the early indications of eyewitnesses. We wish the best for those involved and their families during this tragic time.

Once more information is provided, we will continue to follow this developing event.

Update on the Georgia Power Van Accident:

According to the Dekalb Police Department, the driver of the other vehicle, a Dodge Stratus, is James Miles, 55, of Loganville. DeKalb police said.

Police have not filed charges at this time but may do so in the future according to early reports.

Originally posted at InjuryBoard by M. Brandon Smith

DUI Driver Faces Criminal Charges After Killing Family of 5 From Georgia

M. Brandon Smith — Tue, 13 Oct 2009 13:19:32 GMT

30 year old Dwayne Leggett of Baton Rouge has been charged with five counts of vehicular homicide. This comes after the tragic death of five members of a family of South Georgia after a DUI accident and collision on Interstate 10 in Baton Rouge, according to the Atlanta Journal-Constitution.

This car crash occurred on October 2nd and initially, Leggett was charged with negligent homicide. These charges were upgraded this past Saturday because his blood-alcohol test results came back higher than expected and he was charged with the second-offense driving while intoxicated.

In this tragic DUI car accident, a pickup truck hit the back of another pickup that was stopped due to construction on over an overpass. Investigators said that the cab of the truck caught on fire after impact.

State police reported Alondra Brionca, 2 years old, died at the scene. The other family members, Maria Barrillos, 54 years old, Sonia Gomez Brionca, 27 years old, Jacqueline Gomez, 35 years old, and Rito Gomez, 22 years old, died within days after the accident.

Apparently, two days before this tragic accident Leggett was released from a pretrial diversion program which was began after Leggett's first-offense DWI arrest on April 17th, 2009. This program allows the participant to not enter a guilty plea before a judge and have the arrest erased from the record but they must sign a form admitting guilt. Given the effects of this incident, it is apparent Leggett did not learn his lesson the first time around. Now an entire family has paid the ultimate price for Leggett’s reckless and selfish decision to drive while intoxicated.

Hopefully the authorities will take swift against Leggett to see that he never drives again and is further held accountable for his actions to this family and to society as a whole.

Originally posted at InjuryBoard by M. Brandon Smith

Statute of Limitations Extended In Some Georgia Auto Accident Cases

M. Brandon Smith — Thu, 08 Oct 2009 15:49:26 GMT

A recent Georgia Supreme Court case has tolled the state’s statute of limitations for Georgia car accident cases. In Beneke v. Parker, the Georgia Supreme Court held that the statute of limitations will be tolled from the date of the accident until the traffic citation is resolved.

Before this case, the 2 year Georgia statute of limitations began to run from the date the car accident occured. If you failed to file or settle your injury claim within that 2 year period you were forever barred from asserting it. This decision, however now tolls (extends) the statute of limitations and represents a continued effort to both clarify the law and protect innocent Georgia drivers that have been hurt through not fdault of their own.

In Beneke v. Parker, Parker was hit from behind and overturned when Beneke hit her car. In this Georgia car accident, Beneke was cited for following too closely behind Parker’s car. Parker filed a Georgia personal injury lawsuit against Beneke, but filed it after the two years statute of limitations. Initially, the trial court did grant Beneke’s motion for summary judgment (motion to dismiss her case) based on the expiration of the two years statute but it was subsequently denied on a motion for reconsideration. The court found that Parker’s Georgia injury lawsuit was timely-filed because the statute of limitations was tolled until Beneke resolved the traffic citation by posting a cash bond to dispose of the citation.

After the case reached the Supreme Court, they ruled that the two years statute of limitations is extended by the same amount of time that passes between the car accident and the resolution of the ticket.

Here is the text from the decision:

In the Supreme Court of Georgia

Decided: September 28, 2009

S08G2078. BENEKE v. PARKER et al.

S08G2082. PARKER et al. v. BENEKE.

HUNSTEIN, Chief Justice.

On April 27, 2005, Patricia Parker was injured when the car in which she

was a passenger was struck from the rear and overturned by a vehicle driven by

Alan Beneke; Beneke was cited for following too closely. See OCGA § 40-6-

49. Parker filed a personal injury action against Beneke on May 11, 2007. The

trial court initially granted Beneke’s motion for summary judgment based on the

expiration of the two-year statute of limitation, see OCGA § 9-3-33, but on

motion for reconsideration vacated its order and denied summary judgment. In

finding that the complaint was timely-filed because the statute of limitation had

been tolled until Beneke posted a cash bond disposing of the traffic citation on

May 19, 2005, the trial court relied on OCGA § 9-3-99, which provides that

[t]he running of the period of limitations with respect to any cause of

action in tort that may be brought by the victim of an alleged crime which

arises out of the facts and circumstances relating to the commission of

such alleged crime committed in this state shall be tolled from the date of

the commission of the alleged crime or the act giving rise to such action

in tort until the prosecution of such crime or act has become final or

otherwise terminated, provided that such time does not exceed six years.

In Beneke v. Parker, 293 Ga. App. 186 (667 SE2d 97) (2008), the Court of

Appeals affirmed the denial of summary judgment, but vacated the portion of

the trial court’s order ruling that Beneke had committed a “crime” as a matter

of law so as to bring OCGA § 9-3-99 into play, holding that this question must

be resolved by a jury. See Beneke, supra at 189-190 (1). We granted certiorari

to consider whether the Court of Appeals erred in holding that a “crime” within

the context of OCGA § 9-3-99 must be a “crime” that satisfies the definition set

forth in OCGA § 16-2-1 (a), i.e., one that involves criminal intent or criminal 1

negligence. For the reasons that follow, we hold that it did so err.

[T]he fundamental rules of statutory construction . . . require us to

construe a statute according to its terms, to give words their plain and

ordinary meaning, and to avoid a construction that makes some language

mere surplusage. [Cits.] At the same time, we must seek to effectuate the

intent of the legislature. [Cit.] Slakman v. Continental Casualty Co., 277 Ga. 189, 191 (587 SE2d 24) (2003). A violation of one of the Uniform Rules of the Road, such as the rule that a OCGA § 16-2-1 (a) provides that “[a] ‘crime’ is a violation of a statute of this 1 state in which there is a joint operation of an act or omission to act and intention or

criminal negligence.” 2 driver must not follow another vehicle too closely, is a misdemeanor, OCGA § 40-6-1 (a), and a misdemeanor is “any crime other than a felony.” (Emphasis supplied.) OCGA § 16-1-3 (9). Thus, the plain language of OCGA § 9-3-99 would encompass a violation of a Uniform Rule of the Road. To impose a more

stringent definition of “crime” within the context of the statute would render

superfluous its language that the statute of limitation is tolled from the date of

the alleged crime “or the act giving rise to such action in tort” until the

prosecution or other termination of such crime “or act.” The Court of Appeals properly affirmed the denial of summary judgment to Beneke. However, no factual determination need be made as to whether Beneke acted with criminal intent or criminal negligence, i.e., whether his violation of OCGA § 40-6-49 constituted a crime as defined in OCGA § 16-2-1 (a), in order to apply OCGA § 9-3-99 here. We thus reverse the portion of the

Court of Appeals opinion holding otherwise. Like the Court of Appeals, we

recognize that our holding in this case will have a significant impact on personal

injury actions arising out of vehicle accidents by tolling the statute of limitation

in those situations where a traffic citation is issued. See Beneke, supra, 293 Ga.

App. at 191. Nonetheless, we are constrained by the language of the statute to

3 reach this result. If the Legislature had intended to limit the application of

OCGA § 9-3-99 to tort actions arising from only certain types of crimes, e.g.,

felonies or specific intent crimes, it certainly could have done so. It did not, and

any undesirable result is a matter properly addressed by the General Assembly

rather than the courts.

Judgment affirmed in part and reversed in part. All the Justices concur.

Originally posted at InjuryBoard by M. Brandon Smith

Toxic Epidermal Necrolysis Jury Trial Awards $3.5 Million

M. Brandon Smith — Mon, 28 Sep 2009 11:59:38 GMT

A woman from Illinois was recently awarded a $3.5 million award by a jury in her case against the manufacturer of Children’s Motrin. She alleged that her severe skin injuries were caused by a rare complication that sometimes occurs with certain over-the-counter medications.

Stevens-Johnson Syndrome is a disease which is sometimes caused by medications containing sulfa-derived ingredients or compounds. Stevens-Johnson Syndrome is a severe skin reaction which may start out with flu-like symptoms before it develops into the serious inflammation of the skin and mucus membranes for which the disease is most noted. The disease in its most severe, elevated form is called Toxic Epidermal Necrolysis and it causes the blistered areas of the skin to actually die. Three to fifteen percent of all people who develop these syndromes will die from the affliction. The disease may also cause severe vision problems which may even lead to blindness.

The Illinois woman, Karen Robinson, was afflicted by the elevated form of the disease, toxic epidermal necrolysis and she had lesions over thirty percent of her body. Treatment for the disease may take weeks to months and if a medication is found to be the cause, not only must the medication itself be avoided for the remainder of the victim’s life but all medications related to it must also be avoided. Because of her severe complications from the illness and because of the fact that the disease can sometimes cause death, Ms. Robinson decided to sue McNeil Consumer Healthcare which is the company that manufactured the Children’s Motrin which Ms. Robinson claimed caused her injuries.

The jury which heard her case decided to award her $3.5 million as compensation for her injuries. This sum represented not only compensation for her but was likely also a punishment to a drug manufacturer which had printed warnings about the possibility of the skin condition with the knowledge that the risk of consumers developing the condition and possibly dying from it was very real. The jury awarded her the money after hearing her testimony about how her skin burned from the inside out.

However, because the case was tried under Virginia law as Robinson was a Virginia resident when her injuries occurred, and because Virginia maintains a set of contributory negligence law that does not permit any person who has in any way contributed to their injury to collect damages, her award has been reduced and she may not be able to recover the entire $3.5 TENS verdict amount.

Firms and lawyers, however, are continuing to fight for clients who have suffered because of the medications that have lead to these terrible skin disorders. If you or a loved one has suffered from either Stevens-Johnson Syndrome or Toxic Epidermal Necrolysis, you may be able to recover for your injuries. Manufacturers of unreasonably dangerous drugs should be made to answer for the potentially deadly side effects their drugs may cause. As an innocent consumer, we trust that the drugs we take are reasonably safe and if they are not, we need to hold the manufacturers of such drugs accountable in order to prevent situations like this one from ever happening again.

Originally posted at InjuryBoard by M. Brandon Smith

Former Atlanta Falcon Football Player Killed In Tragic Car Accident

M. Brandon Smith — Wed, 23 Sep 2009 09:59:56 GMT

Sometimes it’s easy to forget that professional athletes are people, too. We see them from such distance, and their talent so outstrips most of our own, that they can sometimes seem invincible, emotionless, and unassailable. But in light of the recent death of former Atlanta Falcon’s defensive tackle Jesse Mahelona, it’s important to remember that, as his fellow football player Stephen Tulloch put it, Mr. Mahelona was more than just a competitor, but a “great friend” as well.

Mr. Mahelona died in a car crash approximately a mile away from his house Kailua-Kona, on the Big Island of Hawaii. He is survived by one child and his pregnant wife, Brandi. His agent, Chad Speck, assured the public that there are plans to support the family in the father’s absence. Mr. Mahelona was only 26 years old.

Originally posted at InjuryBoard by M. Brandon Smith

More Georgia Car Wrecks Than Expected Over Labor Day Weekend

M. Brandon Smith — Thu, 10 Sep 2009 23:23:07 GMT

Death Rate Down, Car Wrecks Up this Holiday Weekend: While there were fewer fatalities than expected this Labor Day weekend, the number of Georgia car wrecks went well beyond what was predicted. The Georgia Department of Public Safety anticipated 18 deaths over the holiday weekend. Thankfully, this prediction was an overshot. Eight people lost their lives in Georgia traffic accidents occurring between 6 p.m. Friday and Monday at midnight.

One fatality occurred when a motorcyclist, 38-year-old Anthony Tyrone Anderson of Smyrna, collided with another motorcycle. Another fatality resulted in a separate incident when 44-year-old John Frederick Freeman of McDonough attempted to flee from police. The state department’s prediction was based upon the number of fatalities that resulted during last year’s Labor Day weekend.

However, the prediction for car crashes was a grave underestimate. There were 361 more car wrecks over the weekend than were predicted. According to officials, there were 2,231 crashes resulting in 614 injuries; whereas in 2008 there were 1,660 accidents and 798 injured. Even though less people were injured this year, there was an increase of more than 570 car wrecks. This is a substantial increase.

When the number of incidents increases, so does the risk of injury. Many times, accidents can be easily avoided. For this reason, it’s important to remember some key points on driver safety:

Don’t drink and drive or ride with someone who is under the influence
Always use your turn signals
Never text, eat, or apply make-up while driving
Perform routine service checks and maintenance for your vehicle
Follow the speed limit
Do not reach for items while driving
Pull over if you feel tired, can’t focus, or need to make a phone call

Don’t be afraid to mention one or all of the above to a friend or family member, it may save their life and/or yours. Many of us forget these valuable pointers because we feel we are experienced drivers. However, it only takes one mis-hap for an accident to occur or for someone to lose their life.

If you have additional questions please feel free to contact one of our Georgia accident lawyers to see how they can help.

Originally posted at InjuryBoard by M. Brandon Smith

Gwinnett Police Officer Arrested After Causing DUI Accident In Georgia

M. Brandon Smith — Wed, 09 Sep 2009 02:35:06 GMT

27 year old Gwinnett County police officer James Stoudenmire caused aDUI car accident on Pleasant Hill Road when leaving Wild Bill’s, a dance club. He rear-ended a Mazda at a stop light while driving in his Mustang. One of the passengers in the Mazda is being treated for a leg injury.

According to the Atlanta Journal-Constitution, the officer “noticed a strong odor of alcohol on Stoudenmire’s breath and that Stoudenmire was unsteady during the field sobriety test.”

Stoudenmire was off duty at the time and said he drank four 28oz beers at Wild Bills. As a result of this DUI accident, Stoudenmire was charged with following too closely. He was also charged with DUI and was released from jail on a $1,557 bond.

According to Gwinnett County police report, Stoudenmire was so drunk he "stumbled and fell against the wall across from the holding cell.

He is now being placed on administrative leave until further investigation is completed by the department’s Professional Standards Unit.

It is a shame he chose this ourse of conduct and placed innocent lives in danger by doing. Thankfully, no one was seriously injured by his recekless and careless actions.

Originally posted at InjuryBoard by M. Brandon Smith

Pfizer Fined $2.3 Billion For Illegally Advertising Its Drugs

M. Brandon Smith — Thu, 03 Sep 2009 12:04:44 GMT

Pfizer and its subsidiary, Upjohn, are paying $2.3 billion in order to settle criminal and civil liability that arose from illegal promotion of the painkiller Bextra.

Bextra, according to the Wall Street Journal, was pulled from the market in 2005. It was commonly associated with a life threatening condition called Stevens Johnosn Syndrome and Toxic Epidermal Necrolysis.

Pfizer, as part of the settlement agreement, “agreed to plead guilty to a felony violation of the Food, Drug and Cosmetic Act for misbranding Bextra with the intent to defraud.”

Other drugs Pfizer has settled civil charges related to Bextra include schizophrenia drug Geodon, antibiotic Zyvox and anti-epilepsy drug Lyrica.

According to the Department of Justice (DOJ), Pfizer’s settlement agreement is the largest health-care fraud settlement in DOJ history.

Other settlements are among attorneys and Pfizer in 42 states and the District of Colombia to cover state civil consumer protection allegations related to Geodon which include paying $33 million.

What exactly did Pfizer do?

According to DOJ, the company allegedly paid kickbacks to health-care providers in order “to induce them to prescribe Bextra and other drugs.” The company promoted Bextra for off-label uses that have not been approved by the FDA. Pfizer denies the kickback charges but does concede “improper actions related to the promotion of Zyvox.”

Originally posted at InjuryBoard by M. Brandon Smith