Georgia Trial Lawyer Blog

The Atlanta law firm Pate & Brody has filed suit against the Floyd County Board of Education alleging that a student was raped by a taxi driver which the Board recklessly hired to transport his daughter.

According to court documents, the taxi driver was an illegal alien who had been previously convicted of multiple DUIs and an aggravated felony.

The Rome News Tribune has the story.

In 2008, the Floyd County Board of Education contracted with Rome Taxi Cab Company to transport school children to and from school. One of the drivers for Rome Taxi Cab Company, Ernesto Guzman, was an illegal alien who had been previously deported from the country after being convicted of three DUIs and an aggravated felony.

On December 3, 2008, Guzman transported our client's daughter, a 14 year old girl, and three other minor school children from their school to their homes. Guzman, however, made several detours including providing the children with beer and cigarettes. He also took turns letting two of the students drive the taxi van. After dropping the three other children off at their homes, Guzman drove our client's daughter to a motel in Chattooga County where he lured her into a room and brutally raped her.

Guzman was arrested two days later by authorities in Floyd and Chattooga Counties for child molestation and enticing a child for indecent purposes. Federal authorities also arrested Guzman for re-entering the county after being deported. He was convicted on the federal charge in May of this year and was sentenced to two years imprisonment.

The lawsuit claims that the Board was negligent in allowing Guzman to transport our client's daughter. The complaint, which was filed last Thursday, explains that the Board violated at least 24 federal and state laws, regulations and policies designed to protect our school children from predators like Guzman. The complaint goes on to state that not a single member of the Floyd County School System met with Guzman or inquired into his criminal background, immigration status, ties to the community, employment history, qualifications, competencies or credentials.

When the Board violated these numerous laws, it exposed our client's daughter to a foreseeable sexual assault. As a result, the Board is liable under Georgia law for the damages that the girl and her family sustained from the rape.

The lawsuit also names the owner of Rome Taxi Cab Company, Francisco Delacruz, as a defendant for negligently allowing Guzman to transport school children.

In recent years, Georgia has increasingly depended on private agencies to place children in foster homes and group homes. The state has also depended on these private agencies to supervise much of the care the children receive. The result has been appalling. A recent investigation by the Atlanta Journal Constitution revealed that incidents of rape, molestation, assault, neglect, abuse and suicide attempts are regular occurrences at many of the group and foster homes across Georgia.

The Atlanta Journal Constitution has the story.

Currently, about half of the children in state care reside in private facilities. That number comes to about 4,000 children. Ten years ago only 10% of foster children resided in private facilities. And while numerous rules and regulations are in place to protect children from abuse and neglect, state monitors have not been able to keep up with the dramatic increase in private foster and group homes. The failure to adequately monitor these private homes has also meant a large increase in violations. In many cases, these violations simply go unnoticed or unpunished.

In total, there are 336 private agencies in Georgia which place children into foster homes and group homes. Since 2008, the state has issued approximately 1,100 citations to 300 of these homes for foster care violations. However, the state doled out fines in only 7% of those cases. When fines were issued, the median amount was only $500. Perhaps most shocking of all is the amount of state funding that many of these private agencies receive. For example, 100 of the 336 agencies received approximately $55 million in direct funding from the state last year. Of those agencies, 90% have been cited for violations since 2008.

Some violations are simply technical in nature. However, in many cases, state officials have excused or overlooked serious, and repeated, violations. In one case, the state turned over an abused, autistic 8-year-old boy to the care of Trek, a foster care agency operated by the Lookout Mountain Community Services Board. Trek then placed the boy into a contracted foster home. Around the same time, Trek also placed a 17-year-old boy with a long and documented history of sexual problems into the same foster home. A month later the 17-year-old molested the 8-year-old. An investigation revealed that Trek never told the house parents about the 17-year-old's problems or tendencies. In response to Trek's negligence, the state of Georgia issued Trek a $300 fine.

Benchmark Family Services of Jonesboro and Choices for Life of Georgia in Valdosta also committed similar acts which resulted in the sexual abuse of foster children. However, no fines were issued in those cases.

The abuse that foster children suffer is not always sexual in nature. For instance, a foster parent for Bethany Christian Services of Atlanta left a wheelchair-bound child alone on several occasions. On one such occasion, a social worker found the child lying on the basement floor in his own excrement. His wheelchair was later found upstairs.

Other cases deal with an agency's attempt to control a child's behavior. In one case, Mercy's Door in Dalton allegedly performed a forced exorcism on one of its foster children. Other agencies try to drug their foster children in order to make them more compliant. The Youth Estate group home near Brunswick, which is run by Morningstar Treatment Services, apparently used anti-psychotic drugs on children any time they would "act up." Morningstar received two warnings before the state finally issued a $450 fine.

The state's unwillingness or inability to enforce the regulations governing foster care homes leaves foster children with few advocates or protections. And the children who have been abused or neglected often have no recourse or hope of receiving the counseling they need and deserve. However, there is hope. Under Georgia law, abused foster children can file suit against the foster agency and foster home which committed or allowed the abuse.

Our firm recently filed suit against Turning Point Homes, a group home in DeKalb County, for allowing our clients to be repeatedly sexually abused. As in every foster home abuse case, we hope that by filing suit we can punish those responsible and attain the funding our clients need to carry on a normal life. We also hope that our efforts will prevent future abuses from occurring to other children trapped in Georgia's foster care system.

Child porn victims across the country have begun asking federal courts for restitution from individuals convicted of possessing their illegal photographs and videos. In some cases, victims have been awarded millions of dollars.

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.

Our firm recently filed suit against Turning Point Homes, a for-profit children’s group home in DeKalb County, for hiring and retaining an employee who molested at least three foster children over a two year period. Our complaint alleges that Turning Point Homes knew of the abuse and sexual exploitation, but failed to take any action which would have prevented future abuses.

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.

Cobb County police arrested Paul Patrick Serdula, a nurse anesthetist, last week for unlawful surveillance after a patient found video surveillance equipment in a Marietta dentist office bathroom. Authorities then re-arrested Serdula on Monday night for aggravated sexual battery and aggravated child molestation after evidence revealed that he may have made sexual contact with a sedated juvenile. Police now fear that there may be as many as 100 other victims who were inappropriately touched while sedated.

The Atlanta Journal Constitution has the story.

After Serdula was arrested for unlawful surveillance, police searched his Forest Peak Court home where they discovered hundreds of videotapes and additional electronic monitoring devices. Authorities are currently reviewing the tapes in an effort to determine if they show any criminal acts or possible victims. Police have been speaking with potential victims and are so far aware of at least 20. That number could possibly grow to around 100 before the investigation is concluded.

Serdula, 47, was a contract nurse who did not work for any single medical or dental office. Police say it is possible that he worked at numerous medical offices throughout Cobb County. Cobb police encourage anyone who has been recently sedated to contact their doctor’s office to determine if the anesthesia was administered by Serdula. If Serdula was involved, patients are urged to contact Cobb police.

The incident stemming from the aggravated sexual battery and aggravated child molestation charges is believed to have occurred on July 29. Police have also charged Serdula with aggravated sodomy for acts that allegedly occurred on September 16. If Serdula is convicted of these sex crimes, he would face significant jail time. Aggravated child molestation, aggravated sexual battery and aggravated sodomy all carry a sentence of 25 years to life.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon, Madison and Savannah. 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.

Cobb County police believe that a Marietta, Georgia nurse anesthetist may have inappropriately touched hundreds of patients while they were sedated. The allegations arose after a patient found video surveillance equipment in the women’s bathroom of a Cobb dentist office.

The Atlanta Journal Constitution has the story.

Police say a patient spotted the recording device and immediately called 911. Authorities were then able to link the device to Paul Patrick Serdula. Upon searching Serdula’s home, police found hundreds of videotapes and additional recording devices. The tapes reveal Serdula committing serious crimes including sexual battery on patients under anesthesia. Police do not yet know the full extent of Serdula’s exploits, but they believe that there could be hundreds of victims.

Serdula, 47, is a contracted nurse anesthetist that may have worked for numerous medical clinics and facilities. Cobb police are asking anyone who may have been recently put under anesthesia to contact their doctor’s office to see if Serdula administered the anesthesia. If so, those patients are urged to call the Cobb County police.

Serdula is currently in jail without bond charged with unlawful surveillance and eavesdropping; however, new charges are likely as police continue to explore the tapes found at his home. Under Georgia law, a conviction for unlawful surveillance can carry a sentence of one to five years and a 10,000 fine.

These criminal charges may also lead to civil suits against the nurse and the medical facilities where he was employed. A good victims’ rights attorney will help a victim track down and pursue the attacker and all responsible parties in effort to hold them responsible. In some cases, a sex crime victim can recover significant damages. Liability on the part of the medical facilities will largely depend on their knowledge of the nurse’s criminal activity.

Pate & Brody is an accomplished Georgia law firm with offices in Atlanta, Macon, Madison and Savannah. 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.

Victims of Georgia peanut butter contaminated with Salmonella angered over lack of prosecutions

FBI agents raided two peanut butter plants in Blakely, Georgia nearly a year ago after a Salmonella outbreak was linked to the plants’ peanut butter. The outbreak killed nine people and sickened hundreds of others. However, not a single executive of the company, Peanut Corp. of America, has been charged with a crime. The lack of prosecutions has caused a stir among many victims and their families.

The Atlanta Journal Constitution has the story.

The evidence seemed overwhelming. FDA inspectors found mold, a leaky roof and cockroaches at the Blakely plants. Congress also found e-mails written by the company’s top executive, Stewart Parnell, which suggested putting profits above safety even after being aware of the contamination. Specifically, emails from Parnell revealed that he “desperately” needed to turn the peanuts on the floor into money. Parnell also instructed his plant manager to “turn them loose” which referred to peanuts that had tested positive for contamination but were cleared in a second test. When a final lab test revealed salmonella, Parnell voiced great concern to his plant manager over the amount of money that would be lost.

The lack of prosecutions has surprised many. Some have speculated that the delay may be due to the fact that the outbreak has been controlled and the plants closed. The acting U.S. Attorney for the Middle District of Georgia, G.F. Peterman, has refused to comment on the matter. Historically, prosecutors have been hesitant to bring charges in contaminated food cases. In the 2006 tainted spinach scare, prosecutors did not pursue convictions even though three died and 200 were harmed. When prosecutions do occur, companies are typically charged with misdemeanor offenses and receive fines. For instance, Sara Lee Corp. pleaded guilty in 2001 to selling meats contaminated with Listeria which killed 15. The company was fined $200,000 and agreed to hand over $3 million for food safety research. So far Peanut Corp. of America has only suffered a barrage of civil lawsuits.

Our personal injury attorneys have successfully represented several clients who have been harmed due to defective or contaminated products. In our experience, a victim’s best chance for holding a food company accountable for injuries is through a civil suit as many of the victims in this case have done. Georgia law contains several statutes which allow injured consumers to go after companies responsible for contaminated food. From the corporate farmer to the owner of a restaurant or grocery store, Georgia’s laws cast a wide net of liability on those involved in food production, manufacturing and distribution. In addition to food borne illnesses, a consumer may also have a cause of action for food containing unsafe levels of pesticides, foods whose poor quality is concealed, foods that are unfit for human consumption or that have not been handled properly and foods that contain foreign objects. In many of these cases, the consumer can recover substantial monetary damages.

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.

The manufacturer of the most common brand of electroshock gun, Taser International, issued a warning last week for officers to stop stunning people in the chest. The company warns that shooting someone in the chest may cause an “adverse cardiac event.”

The Atlanta Journal Constitution has the story.

The warning came in the form of a training bulletin to all law enforcement officers that carry the company’s stun guns. Instead of shooting someone in the chest, face or neck, Taser International recommends shocking a person in the back, abdomen or thigh. The warning comes after numerous law enforcement agencies have faced law suits due to the device’s ability to cause heart attacks.

Taser International’s product delivers 50,000 volts to a victim’s body for the purpose of incapacitation. Normally, such a shock will incapacitate a suspect for about five seconds without causing permanent injury. However, more than 400 people have died after being shocked with a Taser since 2001. Of those deaths, medical examiners have found that Tasers contributed to more than 30. It is unclear how many more deaths may have been caused by Tasers.

Three such deaths happened in the Gwinnett County jail after deputies shocked inmates that they say were combative. In two of those cases, the cause of death was ruled to be cardiac arrest, however, the cause of the heart attacks were not determined.

The latest warning has not deterred officers in the Atlanta area from carrying Tasers, but many police departments pledge to retrain their officers including Atlanta, Gwinnett and Clayton. Cobb County has already implemented the recommendations with its officers. Fulton County Police say they are currently reviewing the warnings, and the DeKalb County Sheriff’s Office has stated that it is aware of the recommendations.

Our personal injury attorneys have reviewed several Taser cases. While Tasers may represent a non-lethal way for officers to subdue a suspect, they are often used improperly, excessively or on persons with underlying medical conditions. As this story highlights, the resulting medical complications can lead to permanent damage and even death.

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.

On Friday, a Watkinsville, Georgia physician assistant, Ulys Randall Riner, pleaded guilty in Newton County to running a Ponzi scheme in which he stole more than $4.5 million from investors. Prosecutors believe that Riner stole from more than 20 Georgians, and that most of the victims were his friends.

The Atlanta Journal Constitution has the story.

Riner was arrested in 2006 for using a strategy called “factoring” in which he sold fraudulent promissory notes to investors. Specifically, Riner would use the money attained from investors to buy discounted accounts receivables on government contracts. Prosecutors allege that he told the investors that they would receive a full return. He would then sell the promissory notes through his business, Express Factors. He would take that money and pass it on to other companies, and when those companies failed, he used funds from new investors to hide the money that was lost.

Riner was indicted in 2006 on 29 counts for selling unregistered investments and was set to go to trial on October 26. However, he entered a guilty plea on October 23 in which he agreed to pay back $2 million to investors. The plea stated that he will pay $125,000 within 60 days and then $2,000 per month. Investors are set to be paid based on a percentage of what they gave Riner. That amount ranges from $2,000 to $650,000. In addition, he agreed to 17 years on probation with two years in a work-release program. The judge also let Riner plead first offender which may help him keep his medical license.

This criminal prosecution may also lead to a civil suit against Riner and other responsible parties. Our business fraud attorneys have successfully represented several clients who have fallen victim to Ponzi schemes and other unscrupulous investment practices. In our experience, the criminal justice system may punish the offender and force some restitution, but it often fails to fully compensate a victim of investment or business fraud. A good business fraud attorney will work with prosecutors, law enforcement and investigators to find every possible source of money an offender has to ensure that the victim is fully compensated for his losses in civil court.

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.

DeKalb County, Georgia was facing a lawsuit by a homeless man who complained that a police officer kicked him out of the county and then beat him. The county settled the case last week for $165,000.

The Atlanta Journal Constitution has the story.

The incident happened five years ago when Robert Williams was found sleeping behind a restaurant on Halloween by Officer Ronald Jones. Williams asked to be arrested in order to find warmth and food, but instead, the officer drove Williams to Rockdale County and ordered him out of the car. Williams refused and a fight ensued which left both men badly beaten. Williams was then arrested on false charges. Jones initially lied to authorities by saying that Williams had placed him in the trunk of the vehicle and drove him across county lines at gunpoint. Eventually, authorities learned the truth, and Jones was charged with kidnapping, aggravated assault and violating his oath of office.

According to some former officers, the practice of transporting a drunk or bothersome vagrant across county lines was an unofficial policy for years, since it was easier than executing an arrest. When an officer makes an arrest, he has to spend time booking the offender into jail, but because driving the offender across County lines saved time, many police supervisors simply turned a blind eye to the practice. In fact, Atlanta officials have accused DeKalb and other counties of dumping vagrants into the city for years. The practice went largely undetected until the fight between Williams and Jones occurred.

Williams and his attorney, Mike Puglise, argued that kicking Williams out of DeKalb County, beating him and filing false charges against him all violated his civil rights. DeKalb decided to settle the case before it proceeded to trial. The hope is that this case will shed light on the widespread problem and cause police supervisors to crack down on the practice.

Our victims’ rights attorneys have successfully represented several clients who have been abused and brutalized by police officers. Police abuse or brutality covers a wide range of actions including physical attacks, verbal threats, excessive use of force, false arrest, sexual abuse and intimidation. As seen in this case, some unofficial police policies or customs are often kept from public view. A good victims’ rights attorney will expose these practices by filing suit against the officer and department under various state and federal laws which are designed to help the victims of police abuse. Doing so will ensure that the illegal practices stop and that the victim receives the maximum amount of monetary damages allowed by law.

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 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.

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.

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.

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.

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.

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.

Henry Bachmann of Port Wentworth won a $1.2 million verdict in 1999 against the Archdiocese of St. Louis for failing to supervise a priest who sexually assaulted him. An appellate court overturned that verdict a year later determining that the statute of limitations had expired. Bachmann’s attorney has appealed that decision.

The Savannah Morning News has the story.

Bachmann has battled with litigation against the church since 1994. He claims that in 1964 he was sexually assaulted by Rev. James Gummersbach at a St. Louis grade school. He says that he repressed the memory of the assaults until 1992, but that the abuse left a lasting and negative on his life. Since the abuse, Bachmann has dropped out of school, battled alcoholism, was diagnosed with predatory sexual disorders, spent time in jail and mental hospitals, and has attempted to take his own life. Recently, Bachmann has filed for bankruptcy and lost his job with the Georgia Ports Authority due to problems with authority.

The priest accused of the abuse sent Bachmann a letter in 1999 apologizing for his actions along with $25,000. However, Bachman says that he cannot forgive and he cannot forget. His attorney has appealed the appellate court’s decision on the grounds that it made an error when it calculated when the statute of limitations began to run. For now, it seems as though this 15 year legal saga for Bachmann will continue.

Proving sexual assault cases can be difficult, especially when the allegations involve incidents that occurred many years ago. Our firm, however, has the experience and skill to help sex crime victims recover substantial damages for the abuse they suffered at the hands of people they trusted. We have several cases like this pending now.

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.

The Georgia Court of Appeals was asked to decide if a homeowner’s insurance policy covered injuries stemming from intentional acts when the language only covered accidental occurrences. The court ruled that summary judgment for the insurance company was proper, since such language does not cover injuries arising from intentional actions.

In Perry v. State Farm, State Farm filed a declaratory judgment asking the trial court to find that one of their policies did not cover a personal injury claim. The policy holder, Blackwell, allegedly had sexual intercourse with a house guest, Perry, after she fell asleep on his couch while fully clothed. Perry also claims that Blackwell took photographs after Perry had been undressed. Perry claims that the actions were without her consent. As a result, Perry sued for battery, invasion of property, loss of consortium, negligence, and punitive damages.

After the complaint was filed, State Farm began to investigate and defend the lawsuit. When Blackwell was deposed, he stated that he woke in the middle of the night while sleeping with his wife and went to find Perry. Upon finding Perry, he began having oral and vaginal sex, but he stopped when he realized he did not have a condom. Blackwell stated that the two did not speak, but he believed that she was an active participant. Blackwell also admitted to being intoxicated. State Farm then sought the trial court to rule that it had no duty to indemnify him against Perry’s claims. The trial court agreed with State Farm. Blackwell argued on appeal that State Farm was required to indemnify him against Perry’s negligence claim.

The court of appeals noted that the policy protected against bodily injury caused by an “occurrence.” An occurrence was defined as “an accident” in the policy. The court determined that accident must mean an event that is an unexpected happening. The court further noted that the policy did not protect against an “accidental injury” which can arise from a conscious voluntary act. Here, any injuries were the result of Blackwell’s intentional actions. The court concluded that the policy covered an accidental occurrence but not an accidental injury. Thus, the policy did not require State farm to provide coverage for Blackwell’s intentional actions which included Perry’s claim for negligence.

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 lawsuit has been filed against the staff and owners of Great Expectations Child Development Center in Kennesaw, Georgia for locking a 4 year old girl in a bathroom and sitting on her.

The Atlanta Journal Constitution has the story.

The lawsuit specifically alleges that a teacher locked the girl in a bathroom over a toilet accident, and that the girl was hit in the head with the bathroom door when she tried to exit the bathroom. According to the lawsuit, the same teacher and the center’s director also sat on the girl several times in order to keep the girl on her sleeping mat. On a separate occasion, the girl was allegedly taken to a mop room where she was stripped of her clothes and sprayed with a hose.

A 5 year old boy was also allegedly chocked and locked in a bathroom by the same teacher.

The teacher named in the lawsuit, Monica Hollins, was arrested in December by Kennesaw police and was charged with reckless conduct and simple battery.

The parents of the girl are seeking at least $2.5 million for medical and psychological treatment.

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 and 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. Our firm is also listed in the Bar Register of Preeminent Lawyers by Martindale-Hubbell.

A former Fulton County Sheriff’s Detention Officer was arrested last week for allegedly beating two inmates. One of those inmates died as a result. The former officer, Curtis Jerome Brown Jr. of Lithonia, has been charged with violating civil rights, making false statements to federal agents, and obstructing a federal investigation. The arrest stems from an FBI investigation concerning the use of excessive force at the Fulton County Jail.

The Atlanta Journal Constitution has the story.

The complaint against the officer describes two incidents in which the officer used excessive force. The first incident occurred in August 2007 in which Brown allegedly beat an inmate while handcuffed. The inmate was later found bleeding and in need of medical care. The second incident happened in March 2008. Brown is accused of beating a mentally ill inmate in his cell. When the inmate was later found, he was not breathing and was unconscious. The inmate was taken to a hospital where he was pronounced dead. The complaint also alleges that Brown concealed his role in the beatings during a federal grand jury in August 2008. The U.S. Attorney prosecuting the case has said that investigations of other incidents are being frustrated by jailers who refuse to tell the truth.">Atlanta Journal Constitution has the story.

The complaint against the officer describes two incidents in which the officer used excessive force. The first incident occurred in August 2007 in which Brown allegedly beat an inmate while handcuffed. The inmate was later found bleeding and in need of medical care.

The second incident happened in March 2008. Brown is accused of beating a mentally ill inmate in his cell. When the inmate was later found, he was not breathing and was unconscious. The inmate was taken to a hospital where he was pronounced dead. The complaint also alleges that Brown concealed his role in the beatings during a federal grand jury in August 2008.

The U.S. Attorney prosecuting the case has said that investigations of other incidents are being frustrated by jailers who refuse to tell the truth.

Excessive force in custody can also lead to a successful federal civil rights lawsuit. Perhaps that's what will happen here after the criminal case is resolved.

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 and 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. Our firm is also listed in the Bar Register of Preeminent Lawyers by Martindale-Hubbell.

A lawsuit was recently filed against WellStar Kennestone Hospital in Marietta alleging that the hospital failed to properly hire, train and supervise certain employees that may have sexually assaulted patients at the hospital.

The Atlanta Journal Constitution has the story.

The lawsuit alleges that three employees of the hospital sexually assaulted at least 6 patients and one visitor to the hospital. Apparently, other victims have come forward since the lawsuit was filed.

Our crime victim advocates and trial attorneys have assisted sex crime victims recover significant monetary damages that they could not have recovered if they just relied on the criminal justice system.

As this lawsuit claims, employers may be liable for the criminal acts of their employees if they have been negligent in their hiring, training or supervision of their employees. There may also be liability when the crime occurs within the scope of the employee's job.

It is important to remember that crime victims have rights that extend beyond the criminal justice system. An experienced attorney can often help crime victims recover at least a little of what they lost.

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 and 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. Our firm is also listed in the Bar Register of Preeminent Lawyers by Martindale-Hubbell.

A Cobb County Superior Court judge awarded $2.5 million to Susan Farhadi, a woman who was defrauded by Vesta Strategies.

The Atlanta Journal Constitution has the story.

Apparently, the lawsuit alleged civil fraud claims, RICO and breach of fiduciary duty. Because Vesta is no longer in business, it is unclear whether the lawsuit was defended, or whether the judge simply made a decision on damages after entering a default judgment against the company.

As the economy continues to worsen, it is likely that we will see more of these frauds come to light. Once the music stops playing, there are never enough chairs to go around.

Our trial attorneys work hard to protect consumers and investors who have been defrauded by unscrupulous businesses in real estate and investment scams. We have had no shortage of calls this year from people who have been victimized in these schemes.

If you have lost money as the result of fraud, it is very important that you act quickly. It is the only way to try to recover money that may otherwise be gone for good.

Golden West Financial, the mortgage lender acquired by Wachovia Bank in 2006, is being investigated by the United States Department of Justice for fraudulent mortgage lending practices. The "preliminary investigation" was reported by the Associated Press and picked up by many news outlets, including Forbes.

The gist of the investigation appears to be allegations that the company engaged in predatory lending practices by misrepresenting the terms of certain loans, falsifying documents and persuading borrowers to obtain loans that were clearly inappropriate for them.

Our firm has been involved in many mortgage fraud investigations. We have represented both victims of fraudulent mortgage practices and those charged with being involved in mortgage fraud, including attorneys, mortgage brokers, real estate agents, appraisers, "straw purchasers," and investors.

These cases can be very complex to prosecute and to defend. If you think you were the victim of fraudulent mortgage practices, or have been charged with a mortgage fraud related offense, you may contact our lawyers for a free initial consultation to discuss your case. We have helped many people caught up in this mortgage mess, and we may be able to help you.

A delivery driver for Domino's Pizza was recently charged with vehicular homicide for causing the death of a 21 year old woman on May 17 of this year in a traffic accident in Macon Georgia. The driver was allegedly under the influence of both alcohol and marijuana at the time of the accident.

The Macon Georgia Telegraph has the story.

Vehicular homicide can be charged as a felony or misdemeanor, depending on the underlying reason for the accident. Usually, any DUI-type offense that leads to a death will be charged as a felony. Only people who have committed a very minor traffic offense that results in an accidental death receive misdemeanor treatment.

Our firm has represented injured drivers and their families in cases like this one involving drunk drivers. Now that the indictment has been returned, it is almost certain that both the driver and Domino's Pizza will be liable for the accident.

In Georgia, a bar can sometimes be held liable for injuries suffered by bystanders when a fight breaks out.

In Mulligan's Bar & Grill v. Stanfield, the Court of Appeals affirmed a jury verdict in favor of Bruce Stanfield who filed suit against Mulligan’s Bar & Grill and the owner of the bar after being injured on the premises. A fight between two other patrons of the bar ended with Mr. Stanfield receiving severe facial injuries due to a beer bottle striking his face. The brawling patrons had given the staff at Mulligan’s trouble before the fight, and employees were aware that the fight between the two men had been brewing for hours. One employee stated that the men had been removed from the bar on several different occasions. Other employees believed that a fight would eventually break out between the two patrons on the night Mr. Stanfield’s injuries occurred. The owner even admitted that one of the patron’s should not have been there since he had been banned.

Other patrons could not understand why the bar did not resolve the problem before the fight, since they had seen the two men fight at Mulligan’s on prior occasions. In addition, evidence showed that the bar’s security officer had told the owner that security was inadequate.

As a result of the fight, Mr. Stanfield received two surgeries and other medical treatment that amounted to approximately $40,000. A jury sided with Mr. Stanfield and found Mulligan’s liable in the amount of $192,100 for knowingly providing an inadequately secured premises. The bar’s owner argued that Mr. Stanfield’s suit was barred by the Georgia Dram Shop Act which concerns a bar’s liability for serving alcohol. However, the court ruled that this case was about premises liability and not liquor liability, since even a bar has a duty to exercise ordinary care in keeping its premises safe.

To be found liable, Georgia law required that a prior incident be sufficient enough to attract the owner’s attention to the dangerous condition that resulted in Mr. Stanfield’s injuries. The court found that there was ample evidence to find that Mr. Stanfield’s injuries were foreseeable due to the prior behavior of the brawling patrons.

Bars are like any other business - they have a duty of reasonable care and adequate security. Our firm represents crime victims and people injured as a result of dangerous conditions and inadequate security. We hope this case will re-affirm the long-standing Georgia rule that holds businesses liable for failing to insure the security of their patrons.

Of course, it's always a good idea to avoid bar fights, and the bars where they occur.