Posted On: July 17, 2009

Savannah lawyers question Sen. Chambliss' role in Imperial Sugar whistleblower hearing

There are allegations that U.S. Senator Saxby Chambliss attempted to discredit a whistleblower at a Senate hearing last year, and that he did so at the urging of the company the whistleblower was trying to expose.

The Savannah Morning News has the story.

In February 2008, a fire at Imperial Sugar’s Port Wentworth refinery killed 14 people. The United States Senate held a hearing in July of that year which focused on the cause of the fire. At the hearing, the company’s former executive, Graham Graham, testified that the company prevented him from making refineries safer. During Graham’s statements, Senator Chambliss frequently interrupted and challenged Graham’s veracity on more than one occasion. Chambliss does not sit on the subcommittee which questioned Graham, but he was invited by the committee’s ranking Republican, Senator Johnny Isakson, to partake in the hearing.

Before the hearing, Imperial Sugar lobbyist George Baker sent a memo and five documents to Chambliss which detailed a phone conversation that had taken place the day before between Chambliss, the company’s CEO, and Baker. The memo stated that Imperial disagreed with what Graham was going to say at the hearing and provided Chambliss with questions to ask Graham during the hearing. Chambliss did in fact ask questions which were similar to those the company provided.

In addition, one of the documents sent to Chambliss was written by a former OSHA inspector. The document stated that OSHA never trained him on the hazards of combustible dust which is believed to be one reason for the fire, and that OSHA lacked clear standards on combustible dust. The inspector wrote and signed the document the same day as the Barker memo at Imperial’s request.

Chambliss’ office claims that the Senator was only advocating for the victims of the fire by asking tough questions. His office also says that Chambliss did not respond to the memo.

Lawyers for Graham and the victims say this shows that Imperial and Chambliss worked together to discredit Graham. One attorney representing some of the victims also claims that Chambliss attempted to talk his clients out of suing Imperial.

In the past, Chambliss has received over $130,000 from sugar interests. This includes money from Imperial’s lobbyists and political committee. In fact, five weeks before the hearing Baker made a $1,000 donation to Chambliss’ campaign.

Imperial is now facing an $8.8 million fine from OSHA for safety violations at its refineries as well as lawsuits from the Port Wentworth fire.

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 On: July 6, 2009

Truck driver cited for failure to yield in serious accident with ice cream truck in Atlanta

On Thursday morning, an 18-wheeler struck an ice cream truck on Camp Creek Parkway which resulted in serious injuries. The driver of the 18-wheeler, Patrick Starpone, has been charged with failure to yield.

The Atlanta Journal Constitution has the story.

Police say the 18-wheeler was traveling eastbound when it attempted to make a left turn at a green light. However, the light did not have a left-turn arrow. An ice cream truck traveling westbound then collided with the 18-wheeler.

The driver of the ice cream truck, Stephen Linsey, sustained serious injuries and was life-flighted to Atlanta Medical Center. Linsey was reported to be in serious condition.

A Fulton County public works vehicle with four passengers was also involved the crash, but no other serious injuries were reported.

Our firm has helped people injured in truck accidents like this one. There are special circumstances about tractor trailer accidents that set them apart from a typical auto "fender bender" or even a more serious auto-only accident. A familiarity with trucking regulations, common operating procedures and manuals, as well as the preservation of evidence, are all necessary to help establish liability, even when the driver is clearly at fault.

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 On: July 2, 2009

Atlanta personal injury lawyer wins $1.5 million verdict against Home Depot in Marietta, Georgia

In 2005, a Cumming man shopping at a Marietta Home Depot was injured in a forklift accident. On Wednesday, a Cobb County jury awarded the man and his wife $1.5 million for injuries.

The Atlanta Journal Constitution has the story.

The complaint alleged that Larry Reece, 58, was at the Marietta store when a stack of plywood fell from a forklift. The wood fell from more than 20 feet and crashed down onto a barricade. The barricade then hit Reece, and Reece found himself buried under a pile of wood. As a result, Reece sustained neck and spine injuries including herniated discs.

Aside from the sheer pain and medical bills, Reece also lost his livelihood. He had been a construction worker all his life, but due to the permanent injuries he received, he was unable to return to work.

After a two-day trial, the jury’s award was issued. Of the $1.5 million verdict, the jury awarded $30,000 to Reece’s wife for loss of marital relations and $120,000 in medical expenses. The jury did not address punitive damages, since Reece had settled that issue with Home Depot.

Similar suits have been filed against Home Depot in the past.

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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