June 2009 :: Georgia Trial Lawyer Blog

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Posted On: June 12, 2009

Georgia lawyers file suit alleging sewage run-off caused environmental damage to hunting plantation

The owners of a hunting plantation in Twiggs County have filed a federal lawsuit against the city of Jeffersonville for allegedly allowing storm water run-off from a wastewater treatment plant to flow onto their land. The concern is that the pollutants may harm the birds and hunting dogs on the plantation.

The Macon Telegraph has the story.

The owners of the plantation, Duggan Family Partnership LLP, argue that the run-off violates the federal Clean Water Act since pollutants from the plant have contaminated water on their land as well as the Ocmulgee River, Palmetto Creek, and Turkey Creek. Specifically, the lawsuit alleges that the plant is not functioning properly and that storm water run-off, which contains microorganisms, chemicals, and suspended solids, is harming the plantation. The partnership is seeking punitive damages due to the harm.

Wastewater is treated in a series of ponds after which time it is pumped into sprinklers. Those sprinklers then distribute the water over land which filters the water before it returns to the groundwater. The treatment plant in question is located a half mile from Jeffersonville and immediately adjacent to the plantation’s property. In 2007 and 2008, the lawsuit alleges that three tests were performed which showed that run-off from the plant had in fact contaminated the land. However, Mayor Sonja Mallory stated that Jeffersonville tests the areas around the plant and the holding ponds on a regular basis and that the city has not any found problems.

In addition, the Environmental Protection Division (EPD) has not found evidence that the run-off is the result of the land application method of treating sewage. This finding by the EPD is important, since run-off caused by land application is a violation under the Clean Water Act. However, run-off due to rain does not fall under the Act.

In September of 2008, Dugan Family Partnership filed a similar lawsuit. That case was dismissed, since the plaintiffs failed to adequately notify the city before filing suit.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon and Madison. Our lawyers are dedicated to pursuing justice for crime victims, people who have been defrauded by deceptive business practices, or injured through the fault of others. Our lawyers have been recognized on the list of Georgia's "Super Lawyers", and included among Georgia's "Legal Elite" by Georgia Trend Magazine.

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Posted In: Environmental Injury

Posted On: June 4, 2009

Lawyers successfully settle claims that Bausch & Lomb lens cleaner causes harmful eye infections

Bausch & Lomb has settled nearly 600 lawsuits in connection with the contact lens cleaner ReNu with MoistureLoc. Experts believe the cleaner exposed many users to a potentially blinding fungal infection.

The Atlanta Journal Constitution has the story.

Bausch & Lomb has already paid out $250 million in settlements and has dozens of more claims that have yet to be settled. Financial analysts believe the lens cleaner could end up costing the company $500 million. In some of the cases, the damage was irreversible. Seven people had to have an eye removed, and at least 60 people needed corneal transplants.

The infection, known as Fusarium keratitis, first appeared in Hong Kong in early 2005. It was not removed from shelves in the United States until April 2006. In May 2006, the company issued a worldwide recall. Many doctors had never seen the infection before and prescribed antibiotics and steroids which ultimately made the condition even worse. Victims say the infection began with a feeling of irritation which then turned into searing pain. How the infection occurred is still not entirely clear.

The impact has hit Bausch’s profits hard. MositureLoc had produced $100 million in annual sales. In October 2007, Bausch was acquired by the private equity firm Warburg Pincus in an attempt to get out of the public eye. Since the recall, Bausch has had to sell their older product ReNu MultiPlus which already has retailer-chain labels, and sales have dropped from $522 million in 2005 to $450 million in 2008.

Bausch is challenging another 500 lawsuits linking MoistureLoc to bacterial, viral, and parasitic conditions. A New York court is set to decide this week if there is a reliable scientific basis for establishing a link.

This is the second epidemic in the past few years stemming from a lens cleaner. In 2007, a popular formula made by Advanced Medical Optics was linked to a difficult parasitic infection. More than 170 people sued over that incident.

The FDA has stated that it is set to lay out more stringent testing requirements for lens solutions.

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Posted In: Defective Products , Personal Injury

Posted On: June 4, 2009

Georgia crime victims receive restitution in Cobb County

During the past year, Cobb County Superior Court has handed out approximately $750,000 in restitution to crime victims from the past three decades. The money had been forgotten until a court clerk recently discovered it.

The Atlanta Journal Constitution has the story.

The chief deputy clerk of Cobb County Superior Court, Elva Dornbusch, was the one who discovered the forgotten account. Cobb County is using an internet database that provides current available contact information to locate those who are owed the funds. While, 4,100 people and businesses have received phone calls concerning restitution money owed to them, the court is still trying to locate around 800 more. Some of the money comes from cases that stem back to the 1980s, and many of the victims have since moved or gone out of businesses making the search difficult.

Those who are owed restitution still have a few more months to reclaim their money; however, funds that are not claimed will be turned over to the state. A state law requires unclaimed victim restitution money to go to the crime victims emergency fund which has raised over $400,000 since 2007. The fund helps crime victims with hospital bills, funerals, and other expenses. Money that was collected more than five years ago automatically goes into the fund. However, Dornbusch made the effort to find as many victims as possible before turning the money over to the state.

Our firm has helped crime victims recover restitution, both in criminal cases and civil lawsuits throughput Georgia, and we appreciate the efforts of this clerk to locate and compensate victims of crime. I'll bet there are a lot of crime victims in Cobb County that appreciate her, too.

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Posted In: Crime Victims' Rights

Posted On: June 4, 2009

Atlanta lawyers at Pate & Brody file lawsuit for victim of identity fraud

This is one of our cases. The complaint was filed last week.

Our clients, a Ringgold, Georgia couple, have filed suit in Floyd County against a fire and water damage repair company for allegedly hiring an illegal immigrant who stole more than $10,000. The couple claims that the employee stole personal and financial information at their home which was then used to withdraw large sums of money.

The Rome News Tribune has the story here.

The couple experienced a fire at their home. Their insurance company contracted with a company called Servpro to clean the Barkers’ home which initially included boxing up the Barkers’ papers and files so that repairs could be made. During this phase of the cleanup, Nora Carillo Barcarel, an employee of Servpro, stole financial records which she then used to steal the Barkers’ identity. In total, Barcarel withdrew around $10,000 from the Barkers’ accounts and opened approximately 60 credit accounts.

Barcarel has pleaded guilty to charges of financial transaction fraud and forgery but still awaits sentencing. She could serve over 130 years in prison. At the time of the plea, Barcarel told the judge that it was common knowledge among illegal immigrants in the area that Servpro would hire workers without any documentation or background checks.

The lawsuit filed by our firm claims that Servpro is vicariously liable for Barcarel’s illegal acts and that Servpro is also liable for negligently hiring and retaining her. Additionally, the lawsuit states that Servpro is liable because it violated federal immigration and hiring laws.

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Posted In: Consumer Protection , Crime Victims' Rights , Theft and Fraud Victims

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Contributors

Page Pate
Page Pate is an accomplished trial lawyer and founding partner of Pate & Brody. Page has been recognized by both Georgia Trend Magazine and Georgia Super Lawyers as one of the state’s elite trial lawyers…

Bernard Brody
Bernard Brody is an experienced trial and appellate lawyer and founding partner of Pate & Brody. Bernard has won trials and successfully resolved difficult criminal and civil cases in courts across Georgia…

Jess Johnson
Jess Johnson graduated first in his class from the University of Georgia in 2006, where he attained degrees in political science and sociology...