$3.25 M Car Accident / Leg Injury
$2.5 M Truck Accident
$2.3 M Medical Negligence
$2.3 M Semi Truck Accident
Justia Lawyer Rating
10 Best 2017 client Satisfaction - AIOPIA
Clients' Choice Award - AVVO
Georgia Trial Lawyers Association - Champion 2022
Million Dollar Advocates Forum
Multi-Million Dollar Advocates Forum
The National Trial Lawyers
AVVO Rating 10.0 Superb - Top Attorney Personal Injury
Super Lawyers
Top 10 - Trucking Trial Lawyers
Top 40 Under 40 - The National Trial Lawyers
Rated by Super Lawyers 2021

Our Atlanta injury lawyers know that it is vital to hire the right kind of attorney with solid experience when dealing with personal injury cases. So we were interested to see a recent decision by the Georgia Supreme Court holding that a plaintiff in a legal malpractice action may not present expert testimony that he or she would have won the underlying lawsuit but for the lawyer’s errors. The case, Leibel v. Johnson, clarifies that in legal malpractice cases, expert testimony is only allowed for proving standard of care and breach of duty, not proximate cause. Justice Harold Melton explained that this is due to the fact that it is the jury’s role to decide on its own whether the plaintiff would have won the underlying case but for the attorney’s negligent representation.

The underlying case was a gender and age discrimination case. Steven Leibel represented plaintiff Dr. Mary Johnson, a pediatric neurosurgeon, against Scottish Rite Hospital. The suit for malpractice claimed that Mr. Leibel failed to introduce evidence that would have shown there were issues of fact for a jury to decide in the discrimination action. In the malpractice case, Dr. Johnson called a legal expert, Peter Spanos, who testified that certain evidence “tipped the balanceof the underlying discrimination case in Dr. Johnson’s favor. The trial jury awarded Dr. Johnson $2 million. The trial court granted Mr. Leibel a new trial, but the appeals court reversed and upheld the $2 million jury award. The Court of Appeals held that the testimony was admissible due to the “legal complexitiesof her discrimination case and was useful when a nonlawyer could not competently determine whether the negligence of the defendant lawyer proximately caused the plaintiff’s damages.

The Supreme Court of Georgia reversed, with Justice Melton saying “the second jury in the malpractice case is not deciding what the first jury would have done in the underlying case had the attorney not been negligent, but only what a reasonable jury would have done had the underlying case been tried without the attorney negligence alleged by the plaintiff.The jury in the malpractice action needs to determine whether the plaintiff has a winning case, in other words, not whether some prior jury may or may not have believed the plaintiff had a winning case. In so holding, it disagreed with the appellate ruling concluding jurors could not resolve this issue without legal knowledge. Justice Melton wrote that it is inappropriate for the second jury to determine what the first jury would have done, but instead needs to decide the case on the merits.

By
Published on:
Updated:

One of the most serious forms of product liability we handle as auto accident and wrongful death attorneys are those cases involving motor vehicle defects. These cases involve either unsafe auto equipment or defects with the vehicles themselves which render them hazardous since they do not provide the protection to their occupants that they are supposed to.

Car, Truck and Motorcycle Accidents Caused by Defective Motor Vehicles or Equipment

Although it is generally rare that a defective piece of auto equipment could cause a wreck, these situations do occur. Common examples generally involve issues of brake failure or tire blowouts. However, Toyota was forced to announce a mass recall of several of their models due to a floor mat which caused the accelerator to become stuck. This is a classic example of a motor vehicle defect which could be considered responsible for causing a car accident.
By
Posted in:
Published on:
Updated:

Our Atlanta medical malpractice attorneys read an article about a malpractice case against a dentist in DeKalb County.

Haley Buice, a 33 year-old mother of four, began seeing Dr. James Cauley in 2008 at Coast Dental of Georgia in Acworth. She alleged that Dr. Cauley demonstrated shoddy workmanship when implanting veneers, improperly fitted more than 12 crowns, proposed unnecessary treatment for healthy teeth, and ignored problems with unhealthy teeth. The treatments came to more than $20,000, but the billing was never properly documented. Dr. Cauley left Coast Dental in 2009 before getting a chance to finish the work, and Ms. Buice was forced to seek treatment from other dentists to fix Dr. Cauley’s work.

After filing the initial complaint in 2010, Ms. Buice’s lawyers discovered Dr. Cauley had a problems with drug abuse. In 2011, Ms. Buice filed a claim against Coast Dental for negligent hiring, supervision, and retention. Coast Dental hired Dr. Cauley in 2007 despite his testing positive for Valium at a drug screening. The complaint alleges Dr. Cauley overdosed on a narcotic five weeks after he was hired, and that he used nitrous oxide intended for patients.

By
Published on:
Updated:

Brain injuries are invasive injuries that can be devastating. Unfortunately, diagnosing brain injuries can be difficult. It can also be challenging to track the improvements that patients are making when they undergo treatment for brain injury.

Knowing the extent of the damage when a person suffers a blow to the brain is necessary for proper treatment. Injured victims also need to know how badly they are hurt so they can pursue a claim for compensation with the help of their Atlanta brain injury lawyer

Fortunately, new research shows that eye-tracking may have promise in helping medical professionals diagnose and monitor traumatic brain injury (TBI). Forbes reports on the research, which was published this December in the Journal of Neurosurgery.

By
Published on:
Updated:

A 2008 salmonella outbreak caused by tainted peanut butter is the subject of a trial currently underway in Georgia. The outbreak, which sickened 700 people and killed at least nine more, led to one of the largest food recalls in US history. Our Atlanta product liability attorneys have been following the case, which made the news again this week.

The 76-count indictment names Michael Parnell, the owner of Peanut Corporation of America, Mary Wilkerson, the plant’s quality assurance manager, and another former manager, Samuel Lightsey. The indictment accuses the company of shipping tainted products and hiding lab tests that showed they contained salmonella. Wilkerson is also charged with obstructing justice.

Lightsey pled guilty in May, agreeing to testify for the prosecution in exchange for a lighter sentence. In six days of testimony, Lightsey spoke of how the Peanut Corporation of America shipped contaminated products with falsified documents stating they were free of salmonella, and of the presence of mold and mildew within the plant. He also told the court of how employees used a pellet gun to shoot birds that got inside the plant.

By
Published on:
Updated:

Bed rails have been a problem for years, particularly for elderly patients, and our product liability lawyers and nursing home abuse lawyers are hopeful that officials will finally pay attention.

This week, the issue was highlighted in the New York Times in an article that details the bed rail problems that have occurred across the nation for almost two decades. Bed rails are placed on hospital beds and nursing homes beds to assist patients in getting up and also to prevent them from rolling out of bed while sleeping.

Between 2003 and 2012, at least 150 elderly Americans died as a result of becoming trapped in dangerous bed rails. additionally, about 4,000 elderly people are treated each year for bed rail-related injuries.These rails are especially a problem for people suffering from dementia or Alzheimer's, as they often become confused and get caught between the mattress and the rail. These types of rails can provide necessary safety for elderly patients, as they are designed to do , but there are particular problems with older devices and also with mixing different products. If the mattress, rails, and frame all come from different manufacturers, you get dangerous gaps when things don't fit smoothly together, exacerbating the problem.

By
Published on:
Updated:

Our Atlanta nursing home abuse lawyers recently read about another horrific case of elder abuse in our state. The case at Alzheimer's Care of Commerce in Jackson County may include homicide charges, and so far the owner and 20 other employees have been charged with various offenses, according to news reports.

Between the 21 people involved, including Care of Commerce's owner Donna Wright, there are charges of more than 70 offenses involving physical cruelty, neglect, and financial exploitation of the elderly residents. They are accused of violating the Georgia Protection of Disabled Adults and Elder Persons Act. There was also an alleged violation of a state law saying convicted felons can't work at health care facilities €“ Care of Commerce apparently employed a man on parole for voluntary manslaughter, as well as others convicted of felony drug offenses and identity theft.

There were reports of employees hitting patients and throwing water on them. One alleged incident involved an employee punching a resident suffering from dementia in the face in order to force him to sit down. Other abuse alleged included tying residents up with bed sheets and putting them in two diapers at once to have to change them less often. The authorities were tipped off to this abuse by an employee who complained about this horrific treatment. On July 2, after an ongoing investigation, the Georgia Bureau of Investigation raided Care of Commerce. The GBI found three residents had been so mistreated they had to be hospitalized.

By
Published on:
Updated:

Our Atlanta nursing home abuse lawyers know that unlicensed nursing care homes are a problem in our state, which is why the Georgia Department of Community Health is partnering with the Georgia Bureau of Investigations to crack down on these unlicensed homes, according to news reports.

The partnership also includes the Adult Protective Services, which is under the Department of Human Services. The group will be aggressive in working to stop unlicensed homes from staying in business. Clyde Reese, the commissioner of the Department of Community Health, said the facilities deliver "substandard care to the elderly and disabled.The unlicensed homes are operating throughout Georgia, and many are near Atlanta and in southwest Georgia. Mr. Reese contends that it is a growing problem and that there are hundreds of unlicensed homes in the state, along with increased incidents of elder abuse. This is exacerbated by the vulnerable nature of seniors, who are often unable to defend themselves or even speak up about abuse. And to avoid legal troubles, unlicensed homes often switch residences.

The Georgia Bureau of Investigations intends to share intelligence and data gathering with the Department.

By
Published on:
Updated:

Monster Beverage Corp. faces multiple lawsuits claiming that product is linked to deaths and other serious health concerns.

Recently a lawsuit was filed against Monster Beverage Corp., manufacturers of the Monster Energy drink. The lawsuit was filed by a mother who alleges that her nineteen year old son died of cardiac arrhythmia last July due to his consumption of Monster Energy drinks. The mother claims that her son would not have died but for the fact that he drank two cans of Monster Energy drinks every day for the three years preceding his death.

Monster Beverage Corp. denies these allegations. They argue that there is no causal connection between the boy’s cardiac arrest and his consumption of Monster Energy drinks. The Company cites the coroner’s report which does not provide any indication that the boy died as a result of drinking Monster Energy drinks. They suggest that the facts show the boy drank Monster Energy drinks for years without incident.

By
Published on:
Updated:

Our Atlanta Auto accident attorneys know that child injuries and fatalities are all too common in Georgia car accidents and in accidents across the country. These children are always innocent victims in these tragic accidents, and many of these injuries or fatalities are preventable with proper safety restraints and car seats for children. We cannot guarantee that there won't be negligent and reckless drivers on the road, but Georgians take action to make their own vehicles and families safer.

Properly Restraining Child Passengers

This is the subject of this week's Child Passenger Safety Week in Georgia, when the Governor's Office of Highway Safety will work with local organizations to teach adults how to properly restrain child passengers. Under Georgia law, all children under the age of eight must be restrained in the backseat of a vehicle in either a car seat or a booster seat. Local areas, such as Forsyth County and Bibb County, will be hosting events and free child safety seat inspections this week.

By
Posted in:
Published on:
Updated:
Contact Information