Atlanta, Georgia Personal Injury Lawyer
An Illinois ironworker had his ankle crushed by a powerlift after he fell on uneven ground at a brickyard work site.
Roger K. Hepner blamed his fall on "junk brick," which is old, culled brick that's used to cover the ground at a construction site. Mr. Hepner’s construction expert argued that junk brick created an unsafe condition. It's standard for a work site to have gravel because junk brick causes an uneven surface.
The defense attorneys for company Global Glay argued that once Hepner fell, the operator of the lift should have been carefully watching the area and not have run over Mr. Hepner's foot. Mr. Hepner was awarded $810,315 by the court. Have you, or do you know someone in Georgia who has been injured at a dangerous work site? Call or email the Law Offices of Michael L. Neff. No one should have to endure medical bills and lost wages from an injury that was no fault of their own. We can help.
Roger K. Hepner blamed his fall on "junk brick," which is old, culled brick that's used to cover the ground at a construction site. Mr. Hepner’s construction expert argued that junk brick created an unsafe condition. It's standard for a work site to have gravel because junk brick causes an uneven surface.
The defense attorneys for company Global Glay argued that once Hepner fell, the operator of the lift should have been carefully watching the area and not have run over Mr. Hepner's foot. Mr. Hepner was awarded $810,315 by the court. Have you, or do you know someone in Georgia who has been injured at a dangerous work site? Call or email the Law Offices of Michael L. Neff. No one should have to endure medical bills and lost wages from an injury that was no fault of their own. We can help.
Labels: ankle, attorney, negligence, pain and suffering, trip and fall
Few people think about it but stepping into the shower can be dangerous. In 2006, 83-year-old Ana Feliz stepped into the shower in her apartment in Manhattan. After she finished showering, she attempted to turn off the cold water but as she did, the handle knob broke off in her hand. The hot water reached a scalding temperature and she sustained serious burns.
Ms. Feliz sued the building’s owner and the building managers, alleging that they were negligent in their maintenance, and that their negligence created a dangerous condition. Her attorneys claimed that the defendants were aware that the hot-water control knob was loose, but that they failed to repair or replace it.
Ms. Feliz sustained first- and second-degree burns of more than 10 percent of her body. She underwent intubation and a tracheostomy, and she endured an extended hospitalization. The parties agreed to a $2 million settlement.
There are safety rules that hotels and apartments must comply with as they relate to safe water temperature. Water above certain temperature violates Georgia building codes and industry standards as it is known to be dangerous.
If someone else’s negligence has resulted in an hot water scalding/burn injury to you or someone you love, you have a right to seek an attorney’s counsel. At no cost, find out today what can be done to help you. Call or email The Law Offices of Michael L. Neff.
Ms. Feliz sued the building’s owner and the building managers, alleging that they were negligent in their maintenance, and that their negligence created a dangerous condition. Her attorneys claimed that the defendants were aware that the hot-water control knob was loose, but that they failed to repair or replace it.
Ms. Feliz sustained first- and second-degree burns of more than 10 percent of her body. She underwent intubation and a tracheostomy, and she endured an extended hospitalization. The parties agreed to a $2 million settlement.
There are safety rules that hotels and apartments must comply with as they relate to safe water temperature. Water above certain temperature violates Georgia building codes and industry standards as it is known to be dangerous.
If someone else’s negligence has resulted in an hot water scalding/burn injury to you or someone you love, you have a right to seek an attorney’s counsel. At no cost, find out today what can be done to help you. Call or email The Law Offices of Michael L. Neff.
Labels: building maintenance, Georgia building code, negligence, scalding water, third degree burns
Two families, who suffered a death and several injuries after a ski bus rolled down an embankment in Utah last January, have hired attorneys. A Nebraska-based motor coach company called Arrow Stage Lines was contracted to take 17 busloads of skiers to and from Colorado for a three-day ski trip. A total of nine people died and 23 were injured in the tragic ski bus incident.
Marc Rasmussen, an 18-year-old high school senior, died in the wreckage. His mother, Kim, and four other family members, including a 5-year-old boy, were injured. Some family members have been released, but Kim remains hospitalized in New Mexico.
A Utah Highway patrolman who investigated the accident said the driver, Walland Lotan, 71, was driving at the 65 mph speed limit when he rounded a tight curve, plunging the 52 passengers into the embankment; but, said the patrolman, the driver should have slowed by several miles an hour as he approached the curve.
The National Transportation Safety Board and Utah Highway Patrol are conducting an investigation into the accident, including an analysis of a "data collector" (or "black box") on board the bus that logs speed and position at the time of the accident, and records video of the driver.
If you've been injured due to the negligence of a bus driver, contact us at the Law Offices of Michael L. Neff. We have handled bus wrecks and a prompt phone call or an email us as soon as possible can mean preservation of the black box evidence before it disappears.
Marc Rasmussen, an 18-year-old high school senior, died in the wreckage. His mother, Kim, and four other family members, including a 5-year-old boy, were injured. Some family members have been released, but Kim remains hospitalized in New Mexico.
A Utah Highway patrolman who investigated the accident said the driver, Walland Lotan, 71, was driving at the 65 mph speed limit when he rounded a tight curve, plunging the 52 passengers into the embankment; but, said the patrolman, the driver should have slowed by several miles an hour as he approached the curve.
The National Transportation Safety Board and Utah Highway Patrol are conducting an investigation into the accident, including an analysis of a "data collector" (or "black box") on board the bus that logs speed and position at the time of the accident, and records video of the driver.
If you've been injured due to the negligence of a bus driver, contact us at the Law Offices of Michael L. Neff. We have handled bus wrecks and a prompt phone call or an email us as soon as possible can mean preservation of the black box evidence before it disappears.
Labels: accident, black box, bus wreck, evidence, injury attorney, negligence, wrongful death
Thomas McAndrew, 36, an ironworker, worked at an outdoor construction site at John F. Kennedy International Airport, in Queens. In August of 2006, he walked to an area that housed safety equipment. Amid cluttered boxes, he slipped on paint overspray, fell and sustained injuries to his back and one finger.
He sued American Airlines; the construction project's manager, VRH/Torcon; and a subcontractor, Newport Painting & Decorating Company, alleging they violated the labor law, created and then negligently failed to address a dangerous condition.
Because the area of overspray was open to the elements and became slippery when wet. McAndrew contended that rain the night before the accident had made the area especially slippery, and no tarp had been installed. He further claimed that the overspray and cluttered boxes had been the subject of several complaints by him and other contractors. It is important to be aware that a product is sold that can be added to outdoor paint that makes the paint slip resistant.
Although Judge Martin Shulman directed a verdict that established that American Airlines was not liable for the accident, the case proceeded against the remaining defendants. The jury found that VRH/Torcon and Newport Painting & Decorating were liable for the accident, and that McAndrew's damages totaled $4,913,231.30.
Are you working under unsafe conditions? No amount of money can replace your health; injuries at work such as the painful back injury suffered by Mr. McAndrew cause years of pain and suffering, and astronomical medical bills. If you’ve suffered an injury at work through someone else’s negligence, you are entitled to help with those bills. Call or email the Law Offices of Michael L. Neff today.
He sued American Airlines; the construction project's manager, VRH/Torcon; and a subcontractor, Newport Painting & Decorating Company, alleging they violated the labor law, created and then negligently failed to address a dangerous condition.
Because the area of overspray was open to the elements and became slippery when wet. McAndrew contended that rain the night before the accident had made the area especially slippery, and no tarp had been installed. He further claimed that the overspray and cluttered boxes had been the subject of several complaints by him and other contractors. It is important to be aware that a product is sold that can be added to outdoor paint that makes the paint slip resistant.
Although Judge Martin Shulman directed a verdict that established that American Airlines was not liable for the accident, the case proceeded against the remaining defendants. The jury found that VRH/Torcon and Newport Painting & Decorating were liable for the accident, and that McAndrew's damages totaled $4,913,231.30.
Are you working under unsafe conditions? No amount of money can replace your health; injuries at work such as the painful back injury suffered by Mr. McAndrew cause years of pain and suffering, and astronomical medical bills. If you’ve suffered an injury at work through someone else’s negligence, you are entitled to help with those bills. Call or email the Law Offices of Michael L. Neff today.
Labels: back injury, fall, finger injury, hand injury, medical bills, negligence, slip and fall
You could run out of time by procrastinating: here’s a summary of important Georgia laws relating to injury claims
Statutes of Limitations
For most torts, Georgia has a two-year statute of limitations from the date of injury or death, and a five-year statute of “ultimate repose and abrogation,” (except for foreign object cases, which, may be brought any time within one year of discovering the object (these statutes are for adults; rules are different for children. Consult your attorney).
Contributory or Comparative Negligence
In Georgia, a claimant's action is barred if he or she could have avoided the consequences of the defendant’s negligence. Otherwise, the claimant's recovery is diminished in proportion to his degree of negligence up to 50%. If the injured person is 50% or more at fault, he recovers nothing.
Vicarious Liability
Georgia statutory law imposes liability on an individual for the negligent acts of a contractor when the contractor's work is wrongful in itself, results in a nuisance, is inherently dangerous, violates a duty imposed in a contract, violates a duty imposed by statute, was directed or controlled by the employer, or was ratified by the employer. As this statute relates to hospitals, a hospital may not be liable for a contracting physician's negligent acts. Factors to consider in determining if the hospital is directly liable for the negligent acts of the physician are whether the hospital negligently granted him privileges or undertook to direct the doctor's method of treating patients.
Expert Testimony
A medical malpractice or other malpractice complaint must generally contain an affidavit of an expert swearing under oath that the facts justify a claim of negligence. When a claimant fails to file an affidavit in a timely manner, the complaint is subject to dismissal.
Patient Compensation Funds and Physician Insurance
Georgia does not have a patient compensation fund or a program of state-sponsored liability insurance for physicians.
The Law Offices of Michael L. Neff hopes this information is helpful if you have questions about medical malpractice in Georgia—but this is by no means construed as adequate legal advice. If you or a loved one may have suffered an injury due through the fault of a medical professional, we urge you to seek an appointment with a personal injury attorney immediately who is skilled in medical malpractice. Call or email us now.
Statutes of Limitations
For most torts, Georgia has a two-year statute of limitations from the date of injury or death, and a five-year statute of “ultimate repose and abrogation,” (except for foreign object cases, which, may be brought any time within one year of discovering the object (these statutes are for adults; rules are different for children. Consult your attorney).
Contributory or Comparative Negligence
In Georgia, a claimant's action is barred if he or she could have avoided the consequences of the defendant’s negligence. Otherwise, the claimant's recovery is diminished in proportion to his degree of negligence up to 50%. If the injured person is 50% or more at fault, he recovers nothing.
Vicarious Liability
Georgia statutory law imposes liability on an individual for the negligent acts of a contractor when the contractor's work is wrongful in itself, results in a nuisance, is inherently dangerous, violates a duty imposed in a contract, violates a duty imposed by statute, was directed or controlled by the employer, or was ratified by the employer. As this statute relates to hospitals, a hospital may not be liable for a contracting physician's negligent acts. Factors to consider in determining if the hospital is directly liable for the negligent acts of the physician are whether the hospital negligently granted him privileges or undertook to direct the doctor's method of treating patients.
Expert Testimony
A medical malpractice or other malpractice complaint must generally contain an affidavit of an expert swearing under oath that the facts justify a claim of negligence. When a claimant fails to file an affidavit in a timely manner, the complaint is subject to dismissal.
Patient Compensation Funds and Physician Insurance
Georgia does not have a patient compensation fund or a program of state-sponsored liability insurance for physicians.
The Law Offices of Michael L. Neff hopes this information is helpful if you have questions about medical malpractice in Georgia—but this is by no means construed as adequate legal advice. If you or a loved one may have suffered an injury due through the fault of a medical professional, we urge you to seek an appointment with a personal injury attorney immediately who is skilled in medical malpractice. Call or email us now.
Labels: injuries, insurance, malpractice, negligence
Mack Shelby, now 57, has been a seaman for SeaRiver Maritime since 1987. He developed cancer, he alleged in a lawsuit, from over-exposure to airborne hydrocarbons, including Benzene, aboard ship.
Mr. Shelby sued the company for violation of the Jones Act, alleging negligence in failing to provide a safe place to work, failure to provide proper respiratory protection, failure to provide proper instruction and warnings of the risk of exposure, and failure to provide proper medical monitoring.
Mr. Shelby had been diagnosed with cancer of the right kidney, and it was surgically removed in August 2003. He has been cancer-free for five years, but will require annual checkups in the future. He sought $1,125,000 for past pain and suffering, $6,525,000 for future pain and suffering, and $350,000 for his future lost earnings.
The company argued that Mr. Shelby had planned to return to work and was medically fit to do so, so there was no loss of income or evidence that Shelby currently suffers from any pain or medical issues. Nevertheless, the jury returned an $8 million verdict for Mr. Shelby, finding that SeaRiver Maritime failed to provide a safe work place and that its vessels were unseaworthy. They awarded him $350,000 in personal injury, $1,125,000 for past pain and suffering, and over $6.5 million for future pain and suffering.
Do you, or does a loved one, suffer with a condition caused by work-related negligence? You don’t have to suffer without compensation if you’ve had to work in an unsafe environment. Call the Law Offices of Michael L. Neff today.
Mr. Shelby sued the company for violation of the Jones Act, alleging negligence in failing to provide a safe place to work, failure to provide proper respiratory protection, failure to provide proper instruction and warnings of the risk of exposure, and failure to provide proper medical monitoring.
Mr. Shelby had been diagnosed with cancer of the right kidney, and it was surgically removed in August 2003. He has been cancer-free for five years, but will require annual checkups in the future. He sought $1,125,000 for past pain and suffering, $6,525,000 for future pain and suffering, and $350,000 for his future lost earnings.
The company argued that Mr. Shelby had planned to return to work and was medically fit to do so, so there was no loss of income or evidence that Shelby currently suffers from any pain or medical issues. Nevertheless, the jury returned an $8 million verdict for Mr. Shelby, finding that SeaRiver Maritime failed to provide a safe work place and that its vessels were unseaworthy. They awarded him $350,000 in personal injury, $1,125,000 for past pain and suffering, and over $6.5 million for future pain and suffering.
Do you, or does a loved one, suffer with a condition caused by work-related negligence? You don’t have to suffer without compensation if you’ve had to work in an unsafe environment. Call the Law Offices of Michael L. Neff today.
Labels: cancer, lost income, negligence, pain, personal injury
U-Haul International Inc. must pay $84 million to a 74-year-old man who was injured when the truck he rented ran over him when the parking brake failed. According to the man’s lawyer, "The truck's parking brake did not work at all. He stepped out of the truck and it rolled right over him."
A Dallas jury found U-Haul negligent and awarded Waldrip $84.25 million, including $63 million in punitive damages. Punitive damages are meant to punish a Defendant for improper conduct. Perhaps the jury was angry that the U-Haul truck had 234,000 miles on it. Or maybe the jury was outraged because evidence showed that six previous renters had similar problems with the truck. Yet U-Haul continued to rent it to the public.
Waldrip's pelvis was crushed in the 2006 accident, leaving him unable to walk and with no bowel control. Instead of accepting responsibility, U-Haul said it would appeal the verdict. In fact, U-Haul stated that "The final verdict is another example of abuse of the legal system against corporate citizens in America."
That’s an interesting perspective since in February 2008, U-Haul settled another case involving a defective parking brake on a truck that killed a customer in San Francisco. In that case, Demetrio T. Nagtalon was killed at a U-Haul center in San Francisco in December 2006, when he was crushed between a post and a rental truck.
Nagtalon had returned the truck because the parking brake didn't work. A U-Haul employee was working on the brake when the truck suddenly began rolling forward. According to a police report, Nagtalon rushed to the cab, apparently trying to climb in to stop the truck, but was pinned against the post.
Where is the corporate responsibility?
Full article at:
http://www.latimes.com/business/la-fi-uhaul19apr19,1,6754747.story?track=rss
A Dallas jury found U-Haul negligent and awarded Waldrip $84.25 million, including $63 million in punitive damages. Punitive damages are meant to punish a Defendant for improper conduct. Perhaps the jury was angry that the U-Haul truck had 234,000 miles on it. Or maybe the jury was outraged because evidence showed that six previous renters had similar problems with the truck. Yet U-Haul continued to rent it to the public.
Waldrip's pelvis was crushed in the 2006 accident, leaving him unable to walk and with no bowel control. Instead of accepting responsibility, U-Haul said it would appeal the verdict. In fact, U-Haul stated that "The final verdict is another example of abuse of the legal system against corporate citizens in America."
That’s an interesting perspective since in February 2008, U-Haul settled another case involving a defective parking brake on a truck that killed a customer in San Francisco. In that case, Demetrio T. Nagtalon was killed at a U-Haul center in San Francisco in December 2006, when he was crushed between a post and a rental truck.
Nagtalon had returned the truck because the parking brake didn't work. A U-Haul employee was working on the brake when the truck suddenly began rolling forward. According to a police report, Nagtalon rushed to the cab, apparently trying to climb in to stop the truck, but was pinned against the post.
Where is the corporate responsibility?
Full article at:
http://www.latimes.com/business/la-fi-uhaul19apr19,1,6754747.story?track=rss
Labels: negligence, punitive damages, verdict
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