Georgia Trial Lawyer Blog

Approximately 1,500 people die on Georgia’s roadways every year. Of those, around 40% involved alcohol and 30% involved speeding. In one recent reckless driving tragedy, a 21-year-old Marine was killed after a wrong-way driver crashed into his vehicle on I-20 in Cobb County. The Atlanta Journal Constitution covered the incident.

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.

Our firm was recently retained to represent a Georgia homeowner who had been threatened with foreclosure by Wells Fargo, even though she had faithfully followed the bank’s repayment plan.

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.

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.

Graco Children’s Products has announced a recall of around 1.5 million strollers after five children had their fingertips cut off. The Consumer Product Safety Commission has stated that the main concern centers on the canopy hinge.

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.

AT&T has recently come under fire for allegedly failing to pay certain employees for overtime as is required by federal law.

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.

A Jonesboro jury has held Ford liable for $16.4 million due to a Ford Explorer design defect that resulted in a woman’s paralysis. Lawyers for the injured woman were able to successfully convince the jury that her 2002 Ford Explorer’s occupant protection system was defective.

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.

The Dunwoody Police Department is currently investigating how a suspected shoplifter died after being detained by Dunwoody Wal-Mart employees this afternoon. The suspected shoplifter, Marty Jones, apparently succumbed after several people pinned him to the ground in order to prevent him from fleeing the store.

The Atlanta Journal Constitution has the story.

The incident occurred around lunchtime at the Wal-Mart on Ashford Dunwoody Road. According to authorities, a Wal-Mart loss prevention officer initially grabbed Mr. Jones after suspecting him of shoplifting. A shopper then apparently intervened which led to an altercation. From that point, a “pile-up” ensured in which an undisclosed number of people attempted to pin Mr. Jones to the ground.

When police arrived at 1 p.m., Mr. Jones was receiving CPR from two bystanders. He was then transported to Northside Hospital where he was pronounced dead. Authorities hope that an autopsy will shed more light on the injuries that Mr. Jones sustained.

Our personal injury attorneys have helped several clients recover significant monetary damages after they were wrongfully detained or assaulted by private security employees. It is important for customers who have been assaulted by store employees to understand that a store, such as Wal-Mart, can detain a customer it reasonably suspects of shoplifting. However, under Georgia law, a store may generally only detain a suspected shoplifter in a manner and for a length of time that is reasonable. In our experience, detention by store security that results in grave bodily injury or death is almost never reasonable, and in those cases, the injured customer or the customer’s family may be able to recover a significant amount of money from the business and its employees.

The Georgia Court of Appeals recently reversed the grant of summary judgment to an Atlanta police officer on the claims of false arrest and malicious prosecution. The court ruled that a material issue of fact existed as to whether actual malice was involved and whether there was probable cause.

In Jones v. Warner, the plaintiff, Chastity Jones, was eating at a KFC in downtown Atlanta with two friends when she decided that she wanted to visit Atlantic Station. Jones noticed a police van outside in which Officer Adriane Warner was sitting. Jones walked to the van and asked Warner for directions to Atlantic Station while Warner was on the radio. Warner failed to respond and Jones asked for directions a second time. Warner raised her finger instructing Jones to wait. Warner then stated “17th Street” and pointed to the right. Jones asked, “Where is that?” to which Warner responded, “Can’t you see I am on my radio?” While walking back to the restaurant, Jones stated, “You didn’t have to be so rude about it.”

Warner followed Jones into the KFC and told her that she needed to speak with her. Jones apologized for disturbing the radio call and turned to walk to her table. Warner then stated, “Don’t walk away from me when I’m talking to you.” At that time, Warner pulled Jones out of the KFC and held her arm to the wall. Jones again apologized. Warner then put Jones in handcuffs and asked for an ID. Jones stated she didn’t have an ID but later found it on her person. At the precinct, Warner discovered that Jones had a warrant for failure to appear. Jones was then charged with violating the Atlanta City ordinance for disorderly conduct. The ordinance, which was later changed, prohibited the interference “by acts of physical obstruction, [with] another’s pursuit of a lawful occupation.” The Solicitor eventually moved to dismiss the charges which the municipal court granted.

Jones then sued for false arrest and malicious prosecution. Warner testified that Jones stated “damn officers” as she walked back to the KFC, and that once inside she cursed in front of children which gave her probable cause to arrest. However, Warner never mentioned any cursing in her initial report and even stated in her deposition that she had no reasonable grounds for believing a crime had been committed prior to Jones’ re-entry into the KFC. Furthermore, one of Jones’ friends testified that she was calm and never cursed. Nonetheless, the trial court granted Warner’s motions for summary judgment.

False arrest arises when an arrest occurs without probable cause and when made maliciously. A lack of probable cause exists when a reasonable man would believe that the officer had no grounds for proceeding with the arrest except out of a desire to injure the arrestee. The additional element of malice may be inferred from a total lack of probable cause. Because Warner could not provide any undisputed evidence showing that the arrest for disorderly conduct was justified, the appellate court ruled that the trial court should have allowed a jury to decide the question.

Moreover, the court ruled that the claim for malicious prosecution should have also reached the jury. Whether malicious prosecution exists depends on whether the facts, as they existed at the time of instituting the prosecution, were such as to lead a person of ordinary caution to entertain a belief that the accused was guilty of the offense charged. If probable cause existed, the malicious prosecution claim will fail. Since a question of fact remains as to whether there was probable cause and a prosecution had been initiated, the appellate court held that summary judgment was improper.

Our victims’ rights attorneys have successfully represented several clients who have fallen victim to abusive police practices. In our experience, false arrest and malicious prosecution are not uncommon occurrences and many victims fail to exercise their rights under Georgia and federal laws which are designed to protect and compensate those who have been wrongfully arrested or prosecuted. While it can often be a difficult task to get such a case to the jury stage, juries can and do award significant monetary damages in such cases. It is our hope that cases like this one will allow more victims to exercise their rights and eventually prevent future abusive police practices.

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.

Georgia homeowners affected by recent storms have seen a rise in the number of legitimate insurance claims which have been denied. However, some homeowners have fought back by filing formal complaints with the state and taking legal action against the unscrupulous insurance companies. In the past two years alone, formal complaints filed against insurance companies by homeowners have quadrupled.

The Atlanta Journal Constitution has the story.

The rise in denial of claims has been largely attributed to the number and severity of hail storms which have affected Georgia over the past couple of years. For instance, the first four months of 2009 saw at least 15 major storms. As insurance companies had to pay out more and more on storm claims, they began tightening their belts by adopting stricter standards. This left numerous homeowners with legitimate claims to fend for themselves. In some cases, homeowners were denied while their neighbors were approved for the same type of storm damage.

Yet, homeowners are not without recourse. Homeowners may file a formal complaint with the Georgia Department of Insurance which can often persuade an insurance company to pay a claim it originally denied. Prior to filing a complaint, a homeowner may also ask for a second adjuster or hire a private inspector.

There is also a powerful legal option which customers may utilize to punish the insurance company and attain significant monetary damages. If an insurance company refuses to pay a legitimate claim, the insured may have a legal action for bad faith. A bad faith action simply means the insurance company had no reason to deny a claim.

Our business fraud attorneys have won several cases in which our clients were victimized by insurance companies who simply refused to pay what they owed. In such cases, an insurance company may be liable for damages including significant punitive damages and attorney fees. However, it is important for every insurance customer who has been denied or been given the run-around to contact an attorney as soon as possible, since the statute of limitations can often sneak up on unwary victims of insurance bad faith.

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.

Our firm was recently hired to represent the owner of a small heating and air conditioning business after an employee of BellSouth Advertising and Publishing Corporation fraudulently entered him into a contract.

We brought suit against BellSouth Advertising and Publishing (BAPCO) and its employee in October alleging identity fraud and forgery. We hope that this lawsuit will hold BAPCO accountable for any fraudulent practices and act as a stark reminder to corporations that their customers have rights and should be treated fairly.

In our experience, it is not uncommon for large corporations to take advantage of small business owners and individuals through either outright fraud or covering up the tracks of their criminal employees. Georgia law provides defrauded customers with several legal avenues to punish corporations and their employees for unfair practices. Under these laws, a defrauded plaintiff may be entitled to a significant monetary award.

Our client's business was harmed by the fraudulent acts described in our complaint against BAPCO. We hope to be able to help our client recover his damages in this case, and perhaps help deter large businesses from taking advantage of their customers in the future.

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.

On the night of September 10, nearly 50 officers of the Atlanta Police Department conducted a warrantless raid on the Atlanta Eagle, a local bar, in which the occupants were forced to the floor, searched and had their driver’s licenses seized while police ran background checks. Twenty of the people forced to the ground filed suit in federal court on Tuesday alleging federal civil rights violations and demanding a change in police department policy.

WABE News has the story.

According to the complaint, several undercover police officers were at the bar shortly before the raid occurred. Sometime after 11:00 PM the undercover officers yelled for everyone to “hit the floor” without identifying themselves as officers. Soon thereafter Atlanta police and members of the Red Dog Unit, a drug taskforce dressed in SWAT gear, rushed into the bar without verbally identifying themselves as officers. Witnesses say officers shoved some patrons to the ground, pressed boots on their backs, used handcuffs and even kicked some patrons for no legitimate reason. The patrons were then detained and searched. Police forcefully took identifying information from the patrons in order to determine if anyone had outstanding warrants. Some patrons were forced to lie in broken glass and not allowed to move for up to two hours. Officers also allegedly kicked down a door, entered a private residence, refused to answer questions about their presence and used anti-gay slurs during the raid.

Police say they conducted the warrantless raid after observing illegal sexual conduct on prior visits. However, no patrons were arrested during the raid and only eight employees were cited for code violations. Plaintiffs argue that police violated their rights by seizing, searching and running background checks on them. Under the Fourth Amendment to the Constitution, police generally need to have a particularized reasonable suspicion or probable cause to believe that an individual is involved in criminal activity before that person can be seized and searched.

Moreover, Police Chief Richard Pennington publicly announced that it was the department’s policy to have patrons lie on the floor, searched, and have their identifications taken during raids.

Many attorneys have called such a policy a clear violation of constitutional rights. WABE legal analyst Page Pate says that the Police Chief’s statements bolster the plaintiffs’ case. Pate explained that the statements show that the city has a long history of using these tactics, and that the city will have a hard time disowning the policy when it comes time to defend itself against the plaintiffs’ lawsuit.

The complaint lists the City of Atlanta, the Atlanta Police Department and 45 officers as defendants. Plaintiffs are suing primarily under 42 U.S.C. § 1983 which allows individuals who have been deprived of constitutional rights by state actors to bring suit against them in federal court. Specifically, plaintiffs allege violations of the Fourth and Fourteenth Amendments which guarantee the right to be free of unreasonable searches and seizures as well as the First and Fourteenth Amendments which guarantee the right of free speech. The complaint further alleges the same violations under the Georgia Constitution. Plaintiffs then go on to claim false imprisonment, assault, battery and trespass.

The Lambda Legal Defense Fund, the Southern Center for Human Rights and attorney Dan Grossman represent the plaintiffs. They are not only asking for monetary damages, including punitive damages, but for a change in the police department’s policy to ensure that the city does not infringe upon constitutional rights in the future.

Our victims’ rights attorneys have also successfully represented several citizens who have fallen victim to abusive police practices. Police brutality or abuse can come in many shapes or forms including excessive use of force, physical attacks, verbal threats, intimidation or false arrest. In our experience, police departments often have unofficial or official policies which violate constitutional rights guaranteed to all citizens. A good victims’ rights attorney will expose these illegal policies by suing the responsible police department, government entity and officers under various federal and state laws designed to protect citizens from police abuse. This will help to prevent future abuses and allow the victims to recover monetary damages.

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.

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.

The Georgia Supreme Court heard arguments this week about whether to uphold a Georgia law which requires a plaintiff to establish gross negligence in order to prove medical malpractice in emergency rooms.

The Atlanta Journal Constitution has the story.

Georgia recently passed a wave of "tort reform" laws aimed at making it harder to sue doctors. One such law raised the level of culpability that an injured emergency room patient must prove to hold a doctor liable from negligence to gross negligence. Gross negligence is extremely difficult to prove. It has been described as being the conscious and voluntary disregard of the need to use reasonable care which is likely to cause foreseeable grave injury. For ordinary negligence, a plaintiff only has to prove that a doctor failed to exercise ordinary care.

On Tuesday, the Georgia Supreme Court heard both sides make their cases. Atlanta attorney Michael Terry argued that the law was made for medical corporations and insurance companies that had lobbied the state legislature for special benefits. He also argued that the law virtually eliminates all ER medical malpractice claims and gives hospitals an inequitable advantage. One of the attorneys for the other side, Wade Copeland, argued that the Legislature wanted to attract and keep the best doctors, and that this legislation accomplishes that goal.

The Court should issue its decision within a few months.

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.