Legal analyst and Atlanta trial lawyer Page Pate shared his analysis of both opinions and what they mean for the future of the Court.
The first case involved a piece of tort reform legislation which requires a patient injured by an emergency room doctor to show that the doctor committed gross negligence. Gross negligence is defined as failing to exercise the slightest degree of care. State legislators claim to have instituted the heightened standard in an effort to make malpractice insurance more affordable. The Court’s 4-3 majority reasoned that such a rationale was a legitimate reason.
Pate explained that under the former Court there most likely would have been a different result: “I think Justice Sears was always concerned about leveling the playing field for litigants, especially plaintiffs who had been injured by medical malpractice actions.” According to Pate, the Court may have changed course with addition of Justice Nahmias: “This opinion now gives [doctors] greater protection, at least in the emergency room context, than prior Georgia cases ever did.”
The second controversial ruling upheld a state law which requires individuals convicted of falsely imprisoning or kidnapping a minor to register as a sex offender. A criminal defendant convicted of false imprisonment challenged the law arguing that it was cruel and unusual punishment. The Court ruled that registration is merely a “regulatory” provision and therefore not punishment.
Pate told WABE listeners that he believes the Court got it wrong. Pate explained that, “not only do you have to notify the local sheriff of where you live and what you’re doing, but it also creates restrictions: where you can live, where you can work, with whom you can associate. So it is very much a type of punishment that is in addition to whatever sentence a person may receive.” The law has been widely criticized by many including some Georgia sheriffs who say that the law takes resources away from monitoring offenders who actually committed sex crimes.
Pate also told WABE listeners that in the past the Court has been “focused on precedent and trying to reach the right result in many cases. . . a court that really seems to not hesitate if they need to strike down a piece of legislation that is unconstitutional or was not enacted in a way which benefits all Georgians.” As for the current Court, Pate believes that there has been a marked change: “I’m not sure if that’s because of political pressures that the judges may have faced or the addition of this newest justice, Justice Nahmias. But I do think that the kind of liberal-conservative labels that people use to talk about United States Supreme Court Justices may now start to apply with our state Supreme Court justices.” Pate went on to say that, “we may start to get to the point where we can define the court one way or the other or at least in voting blocks one way or the other.”
In the I-20 Cobb County case, the victim, Lance Cpl. Gregory M. Suedmeyer, had just returned home from Iraq at the time of the wreck. The wrong-way driver, Brue Quayle, had traveled the wrong way on I-20 for more than a mile before striking Suedmeyer’s vehicle head-on. Suedmeyer’s wife was also seriously hurt.
Such stories of reckless driving are unfortunately common across Georgia and the country. In fact, reckless driving has been designated the number one killer for young adults in America. In the vast majority of these cases, the driver at fault was engaged in some preventable conduct such as drinking alcohol, speeding, texting, not paying attention to the road or some other form of reckless driving.
While a car wreck can steal lives and a sense of normalcy, it can also be very expensive. Medical bills, counseling, lost wages and physical and emotional suffering can often cripple a family’s financial well-being. Georgia law allows for the recovery of these losses if the injured party can show that the other driver breached a duty, such as violating a traffic law, and that the violation caused the injuries. In the I-20 Cobb County case, the wrong-way driver is most likely liable for these damages, since he clearly violated a traffic law which led to the injuries.
In the tragic case of a death, the law allows a victim’s family to recover for wrongful death. Wrongful death damages consist of the full value of the victim’s life. This includes an economic element, which is the amount of money the victim would have earned over the span of his or her life, in addition to an intangible element.
A victim or a victim’s family may also seek punitive damages when the driver at fault commits an egregious act such as drinking and driving, or as the case above details, driving the wrong way on a major interstate. Punitive damages are meant to punish the offender for acting with such willful disregard for human life.
While money can never replace what a reckless driver has taken, it can help a family begin the process of recovery by paying for quality medical care, counseling and lost paychecks.
The Atlanta Journal Constitution has the story.
One of the largest complaints by home owners is that lenders can continue to foreclose on a home even if a homeowner has enrolled in the relief program. If the new policies go into effect, a mortgage company would be required to halt any legal proceedings as soon as a borrower enrolls. Moreover, if a borrower is rejected from the program, he or she may appeal the decision within 30 days. During those 30 days, a lender would not be able to carry out a foreclosure sale.
At Pate & Brody, we have seen many homeowners who have not been treated fairly by their mortgage companies. When a home owner is not being treated fairly, we can often step in and stop a foreclosure sale from taking place. It may also be appropriate to file suit against the mortgage company to recover damages for the harm caused to the home owner. The amount of recovery in such cases can often be significant.
]]>Georgia Public Broadcasting has the story.
Georgia’s Department of Health and Human Services found that the Senior Care Center did not address pressure sores and failed to monitor bowel movements. Moreover, investigators found that the Center was managing patient funds without ever receiving permission to do so. The state agency has recommended a fine of $550 per day until the violations have been brought into compliance with federal law.
The 200-bed nursing home was originally shut down by the state in 2007 for safety reasons. Southeast Georgia Health System then bought the nursing home in 2008.
Our personal injury attorneys have been fighting on behalf of abused nursing home patients for years. Georgia law provides nursing home residents with a Bill of Rights that entitles every resident to adequate and appropriate treatment and care. Residents are also entitled to treatment and care that is in compliance with all laws and regulations. When a resident is injured, suffers or dies because a nursing home failed to provide adequate care, the resident or resident’s family may bring a civil suit against the home for damages. By filing a civil suit, an abused resident can often recover a significant sum of money as well as prevent the abuse of future residents.
]]>The Atlanta Journal Constitution has the story.
The idea that a person who possesses an image depicting child pornography is somehow responsible for the harm caused to the child is a novel one. Some federal courts have denied awarding victims any money at all. Others have scolded prosecutors for not seeking restitution. For federal courts that do allow for restitution, the amount can be significant. For instance, two Florida courts awarded victims over $3.2 million. Another Connecticut court awarded a victim $130,000.
Victims are notified when a person is caught with an image of them due to the Crime Victims Rights Act of 2004. Prior to the Act, victims had no way of knowing when someone was caught with their photographs or videos. Now, a victim in Georgia may seek restitution from someone convicted of downloading their images online on the other side of the country.
Advocates believe that restitution is a powerful tool in the fight against child pornography. Moreover, many victims desperately need the money for medical bills, psychiatric counseling, lost wages and attorneys’ fees.
On the other side of the coin, some defense attorneys would point out that only the people who produced the images caused the damage. Others say that the matter should be taken up in civil court. And while it may take the courts years to come to a consensus on the law, some victims are using this window of opportunity to punish those who obtained their illegal images.
Our crime victims attorneys have been successfully representing sex crime victims for years. In our experience, the criminal justice system often excludes victims from court proceedings. Allowing victims to seek restitution in criminal cases can give them a voice in court and give them a chance to recover the damage that was done to them. A good victims’ rights attorney will educate and pressure prosecutors and the courts to seek and award restitution on behalf of victims. The early intervention of a victims’ rights attorney may also save victims the pain and expense of having to file suit in civil court.
The Macon Telegraph has the story.
The patient, Mearlene Hall, had a surgically implanted pump designed to administer pain medication. The pump had been implanted after she suffered serious back injuries. In May of 2006, a nurse from Option Care of Middle Georgia was refilling the pump with pain medication when Mearlene complained of a tingling sensation in her fingers. Despite Mearlene’s complaints, the nurse continued the procedure. Mearlene eventually went unconscious and slipped into a coma. She died 25 days later.
The family’s personal injury lawyer, Tim Hall of Macon, was able to convince the jury that the nurse was negligent for continuing the procedure after Mearlene began to complain. Hall presented evidence that tingling of the fingers is a sign of a pain medication overdose. He also showed the jury that the pump was working properly.
Aside from the $1 million verdict, prejudgment interest was also awarded in the amount of $278,321.
For years, our personal injury attorneys have been helping injured patients and their families recover damages from negligent health care providers. In many of these cases, a nurse or physician does not recognize or simply overlooks obvious warning signs. Patients who have been negligently injured can recover damages for medical bills as well as pain and suffering. If a death results, a patient may be able to recover for wrongful death which is the full value of the patient’s life. As in this case, damages can be significant.
The Atlanta Journal Constitution has the story.
The design defect within the Prius’ braking system causes the brakes to become unresponsive for a brief period of time. The company noted that when the vehicle moves over an uneven or wet surface there is a lag due to the vehicle switching from hydraulic brakes to electronic brakes.
In the US, the National Highway Traffic Safety Administration has received around 100 complaints so far. Of those complaints, at least two involved accidents with reported injuries. It is unclear how many other crashes and injuries may be related to the Prius’ breaking system.
Prius drivers who believe that they have been injured due to the Prius’ breaking system should know that they may have a product liability claim against Toyota. When a manufacturer creates a defective product and the defect causes an injury, the law generally entitles the injured consumer to money damages for the harm he or she suffered. In many cases, the monetary award can be significant.
]]>The Atlanta Journal Constitution has the story.
The problem involved excessive friction between two accelerator mechanisms. When the friction reached a certain level, the gas pedal became stuck causing the vehicle to move forward. Toyota's fix is a steel shim that is installed behind the gas pedal.
Consumers who believe that they have been injured due to a sticking gas pedal on their Toyota need to know that they may have certain legal rights. When a consumer is injured due to a defective product, the consumer may bring suit against the manufacturer to recover medical bills as well as pain and suffering. If a death occurs, a claim for wrongful death may be appropriate. In many of these cases, an injured consumer can receive a hefty monetary award. Moreover, product liability suits often force the manufacturer to design a safer product which can cut down on the number of future injuries.
The story in Georgia is no different. In one recent Georgia case, an Athens psychologist was convicted after swindling Medicaid out of more than $550,000. The Atlanta Journal Constitution has the story.
One reason for the tremendous amount of fraud, and why it keeps growing, is that there are simply too many businesses and individuals who cheat the government for law enforcement to handle. In response, Congress and various states, including Georgia, passed powerful whistle blower laws which allow an individual to bring suit against a company that files a false claim with the government. While anyone may bring such a suit, employees are often in the best position to disclose the fraud.
In order to bring a successful qui tam action, an employee must have independent and direct knowledge of the government being defrauded by their employer. The whistleblower employee is typically entitled to 15 to 30 percent of the money recovered. In qui tam actions involving large businesses, it is not uncommon for the employee bringing the suit to recover millions of dollars.
It is important to understand that fraud can come in many forms. Some employers defraud the government by over billing for services or goods, billing for services or goods that never existed, or by producing inferior goods. In the health care setting, a health provider may also defraud the government by prescribing unnecessary prescriptions and procedures or even by stealing someone else’s identifying information and claiming that person as a patient for Medicare purposes.
In the recent Athens case, the convicted psychologist submitted thousands of claims for therapy work he never performed for real patients as well as for people that he never treated. Although this case was investigated by the Georgia Attorney General's office and federal officials, a whistleblower complaint could have been brought if timely filed by an employee or other insider with knowledge of the fraud.
Our whistle blower attorneys are able to help individuals report their employers for filing false claims with the government. Many times employees are hesitant to blow the whistle due to fear of reprisal by their employer. However, federal law protects whistle blowers against retaliation for investigating or prosecuting a potential qui tam claim.
]]>The Marietta Daily Journal featured the story in an article called “American Nightmare.”
Although the client was to be kicked out of her house right before Christmas, Attorney Jennifer Jordan of our firm took immediate action and helped our client keep her home. Based on the actions of Wells Fargo, we also filed a complaint against the company alleging wrongful foreclosure and breach of contract. Among other things, the complaint seeks recovery of damages and attorneys fees.
The case is currently pending in Gwinnett County. No trial date has been set.
]]>This case presents allegations of abuse that are similar to issues raised in a recent Atlanta Journal Constitution article about other problems in foster homes in Fulton and DeKalb County.
As the article reports, independent inspectors have found a high rate of abuse among foster children in DeKalb and Fulton Counties. These findings were made in a report that was prepared as part of a settlement deal stemming from a 2005 federal lawsuit against Georgia which called for reforms in Georgia’s child welfare system. The lawsuit was brought by an organization called Children’s Rights, which has voiced much concern over DFCS failures to protect foster kids.
This report also expressed concern over DFCS’ lax monitoring of private homes that are contracted out by the state. In particular, DFCS has decreased the amount of staff which monitors such homes.
In the case of Turning Point Homes, our complaint alleges that the sexual abuse went on over a period of two years without any action being taken. Turrning Point Homes did not report any such incidents to the police, and the company did not counsel the children or tell their adoptive families of the alleged abuse.
Georgia law provides that foster homes, like Turning Point, generally have a duty to supervise, care for and protect the well-being of children while they are under the care of the home. Our complaint alleges that Turning Homes failed to live up to this duty and, therefore, violated the rights of these children and their adoptive family.
The complaint, filed in Dekalb County, requests damages, including punitive damages, and a jury trial.
]]>In addition to the five amputations, two other children received lacerations on their fingertips. The amputations and cuts occurred when the children placed their fingers in the canopy hinge while the canopy was being closed or opened.
Recalled strollers include various model numbers of the Spree, Alano, Passage, and Travel Systems models which were made between October 2004 and February 2008. The affected strollers were sold between October 2004 and December 2009 at retail stores across the country including Walmart, Target, Sears, Kmart and Toys R Us. Consumers can find manufacturing dates and model numbers above the back wheels on the rear frame.
Graco has released a statement telling consumers to stop using the potentially dangerous strollers and to contact Graco for free hinge covers. Consumers can also visit http://www.cpsc.gov to learn more. Graco is a division of Newell Rubbermaid, an Atlanta based company. A similar recall occurred last November which involved a million Maclaren strollers. Prior to that recall, twelve children received severed fingertips.
Our product liability attorneys represent children and their families who have been injured by dangerous and defective products. It is important for parents and families of children injured by defective products to know that they may be entitled to significant monetary damages. Damages may include medical bills as well as emotional and physical suffering. In order to receive such damages, an injured plaintiff must generally show that the product was defective and that the defect caused the child’s injury.
]]>In a Georgia lawsuit filed last month, AT&T employees claimed that the company broke the law by classifying first-level managers as exempt from overtime pay. Such lawsuits have increased in Georgia and around the country due to a change in federal regulations as well as a struggling economy.
The Atlanta Journal Constitution has the story.
Overtime pay is codified in the Fair Labor Standards Act. The main issue in the majority of overtime lawsuits is how a company classifies its workers. Generally, whether an employee must receive overtime hinges on their job functions and whether their job is exempt. Employees who work in an administrative, executive or professional function are generally exempt. Computer workers, those in outside sales, or workers who are highly compensated are also generally exempt. Each category also has its own requirements for exemption to apply.
Among the grayer areas of this law is how to classify managers. For an executive exemption to apply, the employer must show that an employee’s principal role is to manage a customarily recognized department or subdivision of the business. The company must also show that the employee manages at least two full-time employees and be able to weigh in on the hiring or promotion of lower level employees.
In the Georgia AT&T case, plaintiffs argued that AT&T classified first-level managers as exempt even though their jobs largely involved non-managerial duties.
The Georgia AT&T case is part of a recent trend of overtime lawsuits against major corporations. In 2004, the Department of Labor adjusted regulations which caused some workers who were previously exempt to become misclassified. This factor combined with a poor economy has sparked an increase in the number of overtime lawsuits which experts predict will continue to grow.
Our attorneys have successfully handled cases in which employees were wrongfully denied overtime pay. As this article suggests, the FLSA is an incredibly complex and intricate law. However, it is also a very worker-friendly law. The law allows an employee two years to bring a suit against his or her employer for violating overtime laws. This time period is extended to three years for willful violations. Furthermore, successful plaintiffs can recover significant monetary damages including back pay, liquidated damages, attorneys’ fees and court costs.
Investigators with the Cobb County Police Department have determined that a rotten tire caused a car accident on I-20 which killed two people.
The Atlanta Journal Constitution has the story.
The wreck occurred just a couple days before Christmas. Police say a tire on a Ford SUV blew out causing the vehicle to roll over. As a result, two of the six passengers inside were killed. Investigators discovered that the tire was manufactured in 1996 and had literally rotted away even though the tread appeared normal. Police have decided not to hold the tire maker at fault.
Rotting can occur when a tire sits on a shelf for a long period of time. When a tire suffers from dry rot, it can simply give out as seen in this case. Consumers are advised to look for small fractures on the sidewall and tread which can be a warning sign of dry rot. Drivers should also check the last four digits of the 12 digits on their tires in order to determine the tire’s age.
While police have decided not to hold the tire manufacturer at fault, the manufacturer may still be liable for civil damages. Our product liability lawyers have successfully won several cases in which a defective vehicle part led to serious injuries and deaths. If the injured parties in this case can show that the tire was defective and that it caused their injuries, Georgia law would allow them to recover significant monetary damages.
The Atlanta Journal Constitution has the story.
On Christmas morning in 2005, Lynn Wheeler and her husband were on their way to church when their 2002 Ford Explorer was struck head-on by another vehicle. Lynn was wearing a lap-only seat belt at the time of the accident. She sustained grave injuries and is now a quadriplegic.
Attorneys for the Columbus and Atlanta law firm Butler, Wooten & Fryhoffer argued before a Clayton County jury that Ford had created a defective seat belt system which failed to properly restrain Lynn. The jury agreed and returned a 16.4 million verdict against Ford on December 18. The jury also determined that it should award punitive damages since Ford had shown a reckless disregard for safety. However, the parties settled before punitive damages could be awarded.
Our product liability lawyers have also represented clients who have been seriously injured in car accidents due to a defect within a vehicle. Injured consumers should know that Georgia provides powerful laws which give them the right to sue companies involved in the manufacture or sale of a defective product. As in this case, a products liability suit can often result in a substantial monetary award and force the offending company to create safer products in the future. While vehicles are the classic example in a products liability case, a defective product may include virtually anything a manufacturer puts into the market place including lawn equipment, eye glasses and household appliances.