Wednesday, July 1, 2009

Atlanta’s MARTA train engineer texting! Georgia personal injury lawyer news

MARTA train operator suspended for text messaging while transporting passengers.

Atlanta, GA(JusticeNewsFlash.com)–The Metropolitan Atlanta Rapid Transit Authority (MARTA) http://www.itsmarta.com/ issued a three-day suspension, without pay, to one of their train operators for allegedly texting on the job, as reported by the Atlanta Journal-Constitution.

The Atlanta transit company, MARTA, hired the suspended employee, Damien Whatley in 2000. The accused Atlanta commuter train employee recently become a train operator within the last two years. Recent reports indicate a MARTA transit rider, reportedly, told MARTA officials he was absolutely sure he saw Whatley using his phone, not just holding it, while operating the MARTA train. The Atlanta are rider took a picture of Whatley from behind, which showed a device in his hands. MARTA executives imposed the maximum suspension under the company’s policies due to the limited evidence against the train operator. Investigators working with MARTA are unsure how much the testimony and photo evidence will affect and/or conclude their investigation before final disciplinary action may be taken. According to Wikipedia, http://www.wikipedia.org/, MARTA is the principal rapid-transit system in the Atlanta metropolitan area, and the ninth largest rapid transit system in the United States, with an average of 451,064 passengers per day.

MARTA isn’t the first public transit authority to have incidents surrounding cell phone texting. Just within the last year, a Boston trolley and a California commuter train crashed because the operators were texting while they were transporting passengers. The California Metrolink train had a fatal head-on collision with a freight train in September 2008. The catastrophic Metrolink wreck left 25 people dead and 135 people injured, and was reportedly the deadliest train crash in the United States in 15 years. In May 2009, a Massachusetts Bay Transportation Authority (MBTA) Green Line subway train rear-ended another Green Line trolley. The Boston MBTA train collision left a total of 50 passengers injured

Where is Georgia Attorney General in the GM Bankruptcy?

One casualty (among many) of the bankruptcy reorganization of General Motors is personal injury claims against GM based on faulty design or manufacture of their vehicles. The Obama Administration was quick to throw injured plaintiffs under the bus by agreeing that all such pending personal injury claims would simply cease to exist as part of the bankruptcy. Interestingly, several Attorneys General of nine states have now objected to the GM bankruptcy on behalf of their respective citizens because it is a bad deal for their constituents who have been harmed by GM vehicles. Where is the Georgia Attorney General? Who is protecting the rights of Georgia citizens who have been harmed by GM vehicles? It seems like, as with so many things, Georgia is trailing behind other states in protecting its citizens, and that is not right.

Unusual Defective Products Resulting in Personal Injury

Every year thousands of Americans buy products that cause them personal injuries. Every year there are also thousands of product recalls for a variety of glitches ranging from annoying to capable of causing severe harm or death.

The last thing consumers expect when they buy a product is that it will harm them, and the last thing they also expect is that a company they rely on would ever put out a faulty product. “Unfortunately, this happens a great deal with everything from medical devices to baby car seats,” explained Georgia super lawyer Stephen M. Ozcomert of Atlanta.

While one gets used to hearing about vehicle recalls, toy recalls, food recalls and drug recalls, one rarely ever hears about a recall for laptop computers. “Apparently the problem was overheating which subsequently caused fires and other various injuries,” said Ozcomert. Hard to imagine that happening with something so seemingly innocuous, however, technology evidently does have bad days as well.

The apparent source of the problem was the rechargeable battery that got too hot, hotter than the normal operating temperature of the machine. “Most of the injuries that resulted from this disturbing development were personal burns, however, there were instances when the computer was left on and no one was using it. The battery overheated and started a fire,” outlined Georgia super lawyer Stephen M. Ozcomert of Atlanta.

While there have been more recalls since this was first discovered, the focus of the recall events has been a certain laptop battery used in the computers. The battery in question managed to garner a fair amount of negative press during a Sony major laptop battery recall.

Certainly there are things that may go wrong with any of the equipment we use during the day. “However, the real question in this instance deals with the manufacturer of the defective battery who knew (or should have known) it had the potential to harm people,” added Ozcomert.

Proving that the battery manufacturer did have knowledge of the faulty battery is not always an easy thing to do. It would involve, at the very least, the company having received complaints from other laptop users about the battery, and then doing nothing about it, unless however, they were motivated to do something later.

“Defective product law is challenging to say the least, and often the trail followed to get to the end of the story involving negligence on the part of someone in the chain from manufacturer to retailer is quite interesting. In cases such as this, the smart move is to hire a defective product attorney with an excellent track record in this area,” said Georgia super lawyer Stephen M. Ozcomert of Atlanta.

Friday, June 19, 2009

Does venue matter any more

For years both lawyers and insurance claims professionals assumed that a plaintiff could not win a substantial verdict in certain suburban Atlanta counties, notably Cobb and Gwinnett. Until the past couple of years, I felt the same way.

Last week, there was a verdict for $1,937,500 in Cobb County. The plaintiff was an assistant attorney general who was a passenger on a motorcycle driven by her brother. She had a broken pelvis, 12 days in the hospital with surgery on the pelvis, about $151,000 medical expense, and no wage loss claim. The defendants were a then-16 year old high school student and the teen's parents who were included under the family purpose car doctrine.

It vaguely reminds me of a $2.3 million verdict I won in rural Gordon County a while back, with somewhat less medical expense but with a trucking defendant.

The point is that it seems that the county a case is in doesn't make as much difference as it did 10 or 20 years ago. A good case is a good case in most any venue.

Of course, that generality does not factor in the potential for "home cooking" if the defendant is prominent and well liked in the county. That can happen anywhere, depending on the vagaries of local politics.

Georgia Bus Accident Lawyer

If you’ve been living around Atlanta for a few years, you probably remember the Atlanta bus wreck that killed seven people, including five college baseball players in 2007. As a Georgia bus accident lawyer who follows the news closely, I certainly do.

It was a horrible bus accident. The college baseball team’s charter bus fell off a highway bypass 30 feet above the ground. It was a

More than two dozen passengers were injured. The bus driver, unfamiliar with Atlanta, apparently caused the accident by confusing a left-lane exit ramp with the highway. He drove the bus through a stop sign and into a concrete barrier at full speed.

The force of the impact whipped the massive bus around, and some passengers were thrown onto the overpass at impact. Then the bus tumbled off the overpass and onto Interstate 75 below.

Kitty Higgins of the National Transportation Safety Board said that an inspection of the bus revealed no problems with the brakes, suspension, tires, or steering. She said that the driver probably misread or missed signs that marked the left-lane exit which separates from the high-occupancy vehicle (HOV) lane.

Large busses, like large tractor trailer trucks, are top heavy and can easily lose control and flip. With passengers onboard, they can also weigh nearly as much as some semi trucks.

School buses are not exempt from the danger. School bus accidents in Georgia happen all too often. Last year a school bus in Canton overturned, sending 11 students to the hospital. Luckily, no one was killed. The bus lost control after the driver overcompensated when the tires went off the pavement.

According to the National Highway Traffic Safety Administration, 1,536 people died in school bus accidents between 1996 and 2006.

Here are some more alarming statistics on school bus wrecks:

- Approximately 40 people die in school bus accident each year.

- In 72 percent of fatal school bus accidents, the victims are occupants of other vehicles.

- Approximately 57 percent of school bus wrecks involve another vehicle.

- Each year, nearly 24 million children ride a school bus, and 12,000 of them are injured in school bus accidents.

Still, many school buses do not have safety belts or restraints of any kind. Other motorists are even more likely to be injured in a school bus wreck.

Because buses are so large and heavy, accidents often result in serious injury and death. Bus accidents may be caused by dangerous roads, weather conditions, defective parts, improper maintenance, or driver negligence, among others.

If you’ve been injured in a bus accident as a passenger, another motorist, or a pedestrian, you may be able to file a personal injury claim against the bus company (whether it‘s public or private). Cases against public or government organizations can be very complex and have strict time limits.

If you’ve been injured in a bus accident, contact an experienced Georgia bus accident lawyer as soon as possible. Remember, you have a limited amount of time to file a case. Plus, the longer you wait, the harder it will be for your attorney to collect valuable evidence.

MLN Law has the legal experience and medical expertise you need. Through caring, aggressive representation, we will fight to get you the compensation you deserve. Call (404) 531-9700 now to schedule your free consultation. If you wait, you may jeopardize your case.