Georgia Trial Lawyer Blog

A 33-year-old woman claims that a former nurse at The Medical Center of Central Georgia sexually assaulted her. The former nurse, James Melvin Purvis, was arrested on March 30 and indicted this week for sexual assault.

The Macon Telegraph has the story.

The victim was a patient at the hospital after she suffered injuries in a car accident. Purvis, 56, had previously cared for the victim; however, on the day of the assault, he was not scheduled to be her nurse. The victim stated that on that day Purvis came to see her and they started talking. As they conversed, Purvis allegedly rubbed her shoulder and fondled her. When the victim attempted to stop Purvis, he kissed her on the lips.

Police report that Purvis admitted to visiting the woman, rubbing her shoulders, and kissing her. Purvis faces a possible 10 to 20 years in prison if he is convicted of the sexual assault. According to the hospital, Purvis is no longer an employee, but it is unknown if the hospital fired him.

This criminal prosecution may also lead to a civil suit against the nurse and the hospital. A good crime victim lawyer can help a sex crime victim pursue her attacker in civil court and, in some cases, recover significant damages. The hospital's liability in a case like this will depend on its knowledge of this nurse's prior history, and whether this assault was foreseeable.

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.

A 10-year-old Clayton County girl has accused a cab driver of molesting her while driving her to school. The cab driver is now in jail on three sex crime charges.

The Atlanta Journal Constitution has the story.

The cab driver, David Alvarado Perez, and another driver had been transporting the girl by herself to school for over a year. On the day of the incident, the mother believes the girl jumped out of the cab and ran to tell counselors at the school about the touching. Records indicate that Perez was arrested on September 16.

According to the owner of the cab company, company policy demands that all minors must be accompanied by a guardian. The owner also stated that she did not know the girl was being transported by herself.

Perez, 43, is currently sitting in a Clayton County jail on a $35,000 bond for child molestation, sexual battery against a child under the age of 16, and enticing a child for indecent purposes.

Our trial lawyers represent many victims of sexual and violent crimes throughout Georgia, including victims of child molestation. With most sex crimes, it is important for victims to understand that the law may afford them certain legal rights including restitution, compensation, notification of their attacker’s legal proceedings and the ability to attain a restraining order. A victim of a sex crime also has the right to bring a civil suit against the attacker and any other responsible parties for damages. While the attacker is almost always liable, businesses such as apartment complexes, hotels, restaurants, bars and general business offices may also be liable for negligence. A victims’ rights lawyer will work with police, investigators, and prosecutors to ensure that all parties responsible are held accountable for their actions.

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.

Gwen Dalley thought she was taking antibiotics she received from a Loganville CVS pharmacy. After being hospitalized for suffering nausea, headaches, and blurred vision, she discovered that she was really taking an antidepressant improperly dispensed to her by the pharmacy. Her story appears to be a growing trend in Georgia and around the country.

The Atlanta Journal Constitution has the story.

Dalley’s attorney, Trent Speckhals, settled her case confidentially with CVS, and Dalley has also filed a complaint with the Georgia Board of Pharmacy. In another case, an Atlanta woman thought she was taking the allergy drug Allegra when she was actually taking the psychiatric drug Nefazodone. That case also settled.

It is unknown how many consumers are given the wrong prescription drug every year, but studies estimate that around 3 percent of prescriptions dispensed by pharmacies may have harmful errors. In Georgia, it is also unclear how many complaints are filed with the Georgia Board of Pharmacy, since the process is kept secret unless the board votes to publicly reprimand the pharmacist or pharmacy. Furthermore, most reprimands are private letters of concern that never see the public light. When the board does publicly reprimand a pharmacist, it is typically for substance abuse or dispensing narcotics without a valid prescription. However, there have been about 50 public reprimands since 2006 for mistakes in dispensing medication. In those cases, the pharmacist was usually fined $500 by the board.

The most common reason for mistakes is believed to be fatigue. Pharmacists often have to fill hundreds of prescriptions a day. This means that pharmacists often shift the work to their technicians and may not always check the technician’s work as is required. Sadly, the problem is only expected to grow as Georgians use more and more prescription drugs.

This story highlights the unfortunate reality that many pharmacies are not held accountable for prescription errors which cause serious complications such as heart attacks, strokes, disability and even death. Prescription errors can occur when the wrong dosage is given or when a patient receives the incorrect drug.

If a person is injured because they got the wrong prescription drug from their pharmacy, a personal injury attorney may be able to help. In a case like this, the lawyer should conduct a thorough investigation by obtaining and reviewing medical records, researching pharmacy protocol, and retaining medical experts in an effort to hold a pharmacy or pharmacist accountable for any damages the patient sustained.

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.

In May of 2008, a man working for a trusted cleaning company knocked on the door of a home the company had serviced on many occasions. The nanny, who was watching the family’s 3-year-old, let the man into the home where he proceeded to beat and rape her. The victims would later come to find that the man had previously been convicted of six felonies. The Georgia Legislature is now considering passing a bill which would require employers to conduct criminal background checks on employees who go into the homes of others.

The Macon Telegraph has the story.

The man accused of the rape, Rudolph Valentino Smith, had previously been convicted of crimes ranging from robbery to voluntary manslaughter. In fact, he had been convicted of killing a man with a butcher knife in 1994 for which he served 12 years in prison. Victim advocates say the proposed bill would reduce the chances of such an attack from happening again.

In addition to requiring background checks, the bill would prohibit some offenders from attaining jobs that send them into the homes of others unless their civil rights have been reinstated. The proposed bill has had trouble gaining traction, since many are concerned that such a law would harm the chances of rehabilitated felons from re-entering the workplace. Much of the criticism centered on the original bill’s exclusion of all felons; however, the revamped version only excludes those convicted of a crime which falls under the seven deadly sins: murder, voluntary manslaughter, rape, aggravated sodomy, aggravated child molestation, aggravated battery, and armed robbery if committed with a firearm.

The bill failed to leave the House Agriculture and Consumer Affairs Committee before the end of the 2009 legislative session, but it is expected to be considered again in January. The mother of the 3-year-old and owner of the home where the rape occurred, Amy Scott, has been an ardent supporter of the legislation and testified before the committee earlier this year. For now, she awaits the trial of the accused rapist while trying to put the events of that day behind her.

Our victims’ rights attorneys have successfully represented victims of serious crimes throughout the state of Georgia. In most serious crimes, victims are afforded certain legal rights including compensation, restitution, notification of criminal legal proceedings and restraining orders. A victim may also bring a civil suit against those responsible. Many times a crime will occur due to the negligence of an apartment complex, restaurant or similar business. A victims’ rights attorney will work closely with prosecutors and investigators in an effort to hold such businesses accountable.

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.

David Brasington suffered numerous broken bones and a lacerated liver when a tractor trailer pulled in front of his van last year. A Statesboro jury recently awarded him nearly $1.4 million for the incident after he refused to settle the case for $350,000.

The wreck occurred while Brasington was driving a commercial van towards an intersection in Douglas on October 17. Brasington’s attorneys, I. Gregory Hodges and William J. Hunter of Oliver Maner, argued that a Horizon Tank Lines truck suddenly pulled onto the roadway causing the crash. The defense argued that Brasington had moved over into a right-hand turn lane after the tractor trailer began to enter the roadway. A truck driver who witnessed the crash agreed that Brasington was in the right-hand turn lane. However, a police investigation concluded that Brasington was not in the turn lane.

The injuries Brasington sustained were significant and included a fractured femur, broken pelvis, broken ribs, fractured elbow and a lacerated liver. Moreover, he was out of work for more than half a year and may require additional surgeries. The jury also witnessed him having difficulty walking.

The trial took three days and deliberations lasted two hours. In total, the jury awarded Brasington $1,733,184 which included $1.16 million for pain and suffering. However, the jury also found that Brasington was 20% at fault for the crash thereby reducing his award to $1,386,548. Horizon’s attorney said that the case will not be appealed.

Our personal injury lawyers have also successfully handled serious truck accident cases. In most tractor trailer cases, it is important for an attorney to move quickly to preserve evidence that may otherwise be lost or destroyed by the trucking company. One of the ways evidence can be preserved is by sending the trucking company a detailed spoliation letter demanding that it maintain evidence related to a crash. This will help ensure that investigators and industry experts will be able to dissect and utilize critical pieces of evidence including the truck driver’s qualification file, maintenance records, crash data from onboard computers and numerous other pieces of evidence vital to winning tractor trailer cases.

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.

In 2005, Georgia passed sweeping tort reform laws including capping non-economic damage awards in medical malpractice cases. The Supreme Court of Georgia will now address the issue of whether such a cap is constitutional.

The Atlanta Journal Constitution has the story.

Georgia capped non-economic damages, which includes pain and suffering, at $350,000 in medical malpractice cases. The imposition of caps in medical cases was largely due to the influence of healthcare and insurance companies. But that may soon change. In a case now pending before Georgia’s high court, a woman by the name of Betty Nestlehutt received a facelift which led to open wounds and permanent disfigurement weeks after her procedure. She sued Atlanta Oculoplastic Surgery for medical expenses and non-economic damages to recover for her injuries. The jury sided with her and awarded her $1.15 million including $900,000 for her pain and suffering.

That $900,000 award Betty received should have been reduced to $350,000, but Fulton State Court Judge Diane Bessen ruled that the cap was unconstitutional. Judge Bessen wrote that the $350,000 cap violates a plaintiff’s constitutional right to a trial by jury, separation of powers and equal protection.

A lawyer for the medical practice argued that the tort reform was passed in 2005 to prevent doctors from leaving the state due to high premiums. Nestlehutt’s lawyer argued that the law favors doctors who do the most harm while punishing patients. The Supreme Court of Georgia will now decide whether to uphold Judge Bessen’s ruling.

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.

A federal racketeering suit has been filed against Toyota for concealing and destroying evidence in hundreds of rollover cases in what has been called a “ruthless conspiracy.” Perhaps most shocking is that the person bringing suit is the former managing counsel for Toyota Motor Sales.

CBS News has the story.

As an attorney for Toyota, Dimitrios Biller defended rollover lawsuits from 2003 to 2007 which involved instability and weak roofs in Toyota’s SUVs and pickups. Biller claims he consistently complained to supervisors about Toyota’s legal misconduct in those cases, and that he was ultimately pushed out the door for voicing his objections.

Biller filed suit in July in federal court in Los Angeles. In the suit, he claims that the motor company withheld evidence of its vehicles’ structural shortcomings. Specifically, he states that the company did not produce emails and electronic information to plaintiffs as is required by law. The lawsuit alleges that in one case a court ordered Toyota to disclose electronic data but that Toyota defied the order. Biller claims he attempted to save the information which included design and test data; however, Toyota destroyed the documents. The destroyed information should have been sent to plaintiffs in over 300 rollover cases.

The suit further alleges that Toyota withheld testing records of its vehicles’ roofs. For instance, Biller claims Toyota failed to produce documents which showed that its internal standard for roof strength was more durable than is required by federal regulations.

Toyota counters that the allegations are “inaccurate and misleading.” It further argues that Biller has violated his ethical obligations to Toyota by violating the attorney-client privilege. A hearing has been set for September 14 to determine if the complaint should be sealed due to privileged and confidential information.

The charges in Biller’s suit are echoed by many product liability lawyers who have dealt with Toyota in the past. If the charges prove to be true, it is possible that hundreds of seriously injured or killed plaintiffs were denied justice.

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.

A federal jury awarded a former nursing student of Appalachian Technical College $450,000 for wrongful expulsion.

The Atlanta Journal Constitution has the story.

Sara Castle, 55, was 13 weeks away from graduating from ATC when the school expelled her. Castle complained that she was kicked out for exposing a professor who would dismiss students from class early.

To obtain the degree Castle was studying for, she and her classmates needed 740 hours of training. She argued that the professor’s practices made that 740 hour mark impossible to reach, and as a result, students were not receiving the training they needed to become competent nurses. Upon exposing the professor, Castle alleged that ATC fired the professor and expelled Castle.

The jury deliberated for less than an hour before siding with Castle. The college was represented by the Georgia Attorney General’s Office which is now contemplating challenging the verdict.

The ordeal for Castle has been an emotionally charged journey after dealing with the humiliation of being expelled. She has also had to come to terms with the fact that she will never attain her dream of becoming a nurse.

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.