Georgia Injury Lawyer Blog

Good Georgia Lawyer is very concerned about the Governor's new plan to turn the emergency lane on the Ga. 400 into a travel lane. Governor Nathan Deal announced this new project to convert the highway shoulder that is typically used for an emergency lane as an additional lane for traffic. The emergency shoulder is currently used for ambulances, firetrucks, and police cars who need a speedy bypass for getting through congested traffic to reach an emergency or get a patient to the hospital in time.

Emergency services operators are all expressing their alarm. Even those who simply need to use the emergency lane in the event of a car break down now will not have an option to do so, thus increasing the dangers on this particular freeway significantly. Firefighters, police officers, and ambulance drivers are against the new plan believing it will put the public at risk.

Ga. 400 rush-hour commuters know how difficult this freeway can be as it has been recently ranked as one of the nations most unreliable commutes. Nevertheless, experts say that converting the emergency lane into a traffic lane will not ease the traffic that significantly and critics contend that the heavy price tag made up of safety losses make it not worth it.

Good Georgia Lawyer regularly represents Georgians who have been seriously injured or tragically killed because of a dangerous highway condition and thus we urge the Governor and Department of Transportation to consider other solutions before sacrificing highway safety.

For example, we recently represented a U.S. military sergeant who nearly lost her life due to a tragic automobile accident on a Georgia interstate when she was hit by a reckless driver, an admitted drug addict, who had been weaving in and out of traffic. She rolled through several freeway lanes of traffic before tumbling into the emergency lane and flipping into an embankment.

Fortunately for her, other witnesses and Good Samaritans had an emergency lane during the time of this collision where they were able to pull over and assist her in while they waited for emergency medical personnel to arrive.

This client of ours sustained serious medical injuries that she will sadly suffer the rest of her life. Shortly after the automobile collision, she retained a lawyer who wanted her to settle her claim for $30,000. Dissatisfied with the legal service she was rendered, she terminated him as counsel and subsequently retained her firm. We were very honored to be able to represent her and aggressively litigated the case preparing for trial. As a result of hard work and preparation, we were able to settle her case for the full policy limits, at a confidential six figure settlement.

She recently wrote to us the following:

"I was in a horrific car accident in 2009. I was hit by a drug addict. My car did 'three-sixties' on the highway and flipped over into an embankment. My car was totaled. By the grace of God I had no broken bones but I had several other injuries.

Hopefully I will not have to use their services again...but if I ever need an attorney, I will definitely use them an no one else! Remember this name "Williams Oinonen LLC. They are the truth!!!!"

While we are grateful and honored to have been able to represent this United States Military Sergeant, we are also grateful that her injuries were not more severe. One reason this particular automobile accident did not turn out worse then it did was because the Good Samaritans and ambulance personnel who helped her had access to an emergency lane.

Good Georgia Lawyer urges the Governor and Department of Transportation to reconsider this plan for the Georgia 400. Nothing is worth more than keeping the safety of our Georgia residents first.

Here is one letter that Williams Oinonen LLC recently received from a satisfied client who walked out of our office with a very fat check after hiring us to handle her case. This client was a school teacher who lost everything and was severely injured due to someone's negligence. While we can't tell you the Defendant's name or the amount of money they had to pay her to compensate her for these injuries due to a confidentiality agreement, we can share with you what she states in her own words about us:

"Hi, my name is Nicole and I retained services from Williams Oinonen LLC. This was my first time hiring a lawyer so naturally I was very skeptical. But, my experience with Williams Oinonen LLC has been a fantastic experience. When I first sought out a lawyer, I emailed countless of law firms and most law firms didn't even respond to my email. One law firm responded and told me I didn't have a strong case. Williams Oinonen LLC is the ONLY law firm that even considered taking my unique case.

Thank you for EVERYTHING !!! My family and I can now move on with our lives!"

Here is one email that Williams Oinonen LLC received from a highly, satisfied client who obtained good sized check after hiring us to handle his case. This client was a professional who was injured due to the negligence of a corporation he had been a customer at. The result of his injuries affected his appearance and in turn, his self-confidence on the job and in his day to day life. While we can't tell you the Defendant's name or the amount of money we got them to pay in order to compensate our client for these injuries due to a confidentiality agreement, we can share with you what he states in his own words about us:

"I was new to the Atlanta area and had a case that was not important to anyone until I talked to the law office of Williams Oinonen LLC and after that I started to see thing move for me. I am so satisfied with all the effort that Williams Oinonen LLC did for me. I don't think I would have received this kind of loyalty or support from any other firm in GA. They made it easy for me to understand what was going on every step of the way. They explained every law term in plain English with me. I have and will continue to refer people to this firm. I have yet to hear any complaints from anyone that I have sent their way. So I highly recommend the law office of Williams Oinonen LLC. If I ever need a law firm this is the only one I will call. I cannot say enough about this office. You guys are my lawyers for life!"--Tim T.

Williams Oinonen LLC represents Georgians all across the state in employment matters, personal injury, business litigation, business disputes, education and civil rights matters. We are passionate about our clients and fight hard for them to obtain the justice they deserve. As the 2011 year ends, we are grateful for the opportunity to serve our Georgia community and look forward to future service.

This is an extremely disturbing video of what happened yesterday in Oakland, California at an Occupy Oakland protest. A young Iraq war veteran named Scott Olsen, age 24, is potentially brain injured thanks to a police officer throwing something that some people are alleging to be a flashbang grenade, i.e. a bomb, into a crowd of people. When a crowd of young people rush to help save him it appears that the police officer throws a second bomb at the crowd. At this point, the police department have issued a press release denying use of flash bang devices but others dispute this.

Flashbang grenades are NOT a non-lethal use of force as some police departments would have you believe. They are deadly. Just this year in Charlotte, North Carolina, a SWAT officer by the name of Fred Thornton was killed when a flash bang grenade exploded as he was securing his equipment in the trunk of his patrol car. Certain city police departments, including the New York City Police Department have banned the use of flash bang grenades because they kill innocent victims.

Sadly, certain police departments in Georgia use this dangerous device and have unjustifiably injured innocent Georgia civilians. For example, we've had clients with gruesome burns all over just because a police department in our state has unjustifiably thrown these bombs in the bedroom windows of innocent Georgia citizens while sleeping.

The video clip is an absolute example of police misconduct that violates the Constitutional rights of United States citizens. Shame on Oakland Mayor and Chief of Police for allowing such an unacceptable, illegal and unconstitutional use of force!

Hopefully, Scott Olsen, the 24 year old young man and Iraq war veteran who was injured by police yesterday, will pull through and recover without lasting damage to his brain. It is shocking that what he escaped on the streets of Iraq he came home to on the streets of America.

We do not live in a regime like Syria where dictators abuse their citizens without recourse. The Fourth Amendment of our United States Constitution protects persons from such such unlawful activities. Additionally, our civil justice system, as is guaranteed in the Seventh Amendment allows us to seek redress for violations of our Constitutional rights. Shame on the city of Oakland if in fact it is true that a police officer was allowed to throw a flashbang grenade at a crowd of people. These bombs due more than stun. They seriously maim and kill.

Good Georgia Lawyer calls on the Mayor of Oakland and Chief of Police to stop this unnecessary violence, do the right thing, and protect the constitutional rights of its citizens.

UPDATE: Oakland Police Department is denying that these were in fact were flashbang grenades. We hope this is true. But regardless, the above video clip shows unacceptable use of force against citizens and a clear violation of Constitutional rights.

Good Georgia Lawyer is very happy to report that the United States Department of Education Office of Civil Rights is cracking down on how colleges and universities report sexual misconduct.

The tougher response comes after a federal investigation identified problems at a number of colleges where sexual assault victims were re-victimized by university policies and procedures.

The Obama administration approach is also in response to the previous administration's laissez faire approach. Now however, colleges and universities are all on notice that they must respond appropriately and accurately report sexual misconduct incidents. Additionally, feds have launched investigations on certain campuses.

In April, the US Department of Education's Office for Civil Rights (OCR) sent a letter to all colleges and universities clarifying specific ways that sexual misconduct should be dealt with under Title IX, a 1972 gender-equity law governing educational institutions that receive federal funds.

Among other things, the letter addresses appropriate time lines for resolving cases, supporting victims, and curing hostile environments. Thus far, at least 25 colleges and universities, ranging from Stanford University to the University of Virginia, have changed and implemented new policies in response to the letter say OCR officials calling it the "wake up call" that was needed.

One big issue is that college campuses must now use a "preponderance of the evidence" standard when adjudicating sexual assault cases. That means a university judicial board needs to be just over 50 percent sure the incident occurred. Some campuses had used a "clear and convincing" standard, which required about 75 percent and then some, like Stanford, had even required "beyond a reasonable doubt," similar to a criminal trial.

In addition to the April letter, OCR has been conducting inquiries and compliance reviews, prompted by concerns at specific schools. OCR reached a settlement with the University of Notre Dame this past summer which came about when a student committed suicide after accusing a fellow student of sexual assault. The school agreed to improve all the sexual assault policies, use a preponderance of the evidence standard, and resolve cases in a timely manner. Currently, Yale University is being investigated by the OCR as well concerning allegations of sexual harassment.

What Does The Law Say Regarding Sexual Assault At Colleges and Universities?

Title IX of the Education Amendments of 1972 ("Title IX"), 20 U.S.C. Sec.1681, et seq., prohibits sex discrimination in any federally funded educational program or activity. Title IX also covers sexual violence and obligates schools to do the following. Once a school knows or reasonably should know a sexual assault it must take appropriate action to investigate:

• If sexual violence did happen the school must take immediate effective response to end it, prevent it, and address the effects.
• A school must take steps to protect the victim.
• A school must provide a complaint procedure for students to report sexual discrimination, harassment and assault. The procedures must present an equal opportunity for the accused and accuser to present evidence and appeal.
• A school must now use the preponderance of the evidence standard (51 percent) in adjudicating student judicial hearings.
• A school must notify both parties of the outcome.

Good Georgia Lawyer is encouraged because fortunately, these civil rights laws will now protect more and more students who are victims of sexual assault.

If you are a college student who has experienced a sexual crime on campus you are welcome to contact us to discuss your legal rights. But first, immediately seek medical treatment to preserve DNA and other related evidence. Call us though. We can provide legal counsel via telephone if you are too far away from our Atlanta office but still in Georgia. If you are outside of Georgia, we would be happy to refer you to another lawyer.

If you are a college or a university administrator, Williams Oinonen LLC offers legal consulting, workshops and seminars to train faculty and staff on a variety of legal issues that help insure that institutions comply with the law, avoid liability, and aid in promoting a positive university environment for all students.

Williams Oinonen LLC (Good Georgia Lawyer) is a member of AAJ, the American Association for Justice. AAJ shares the same commitment as Williams Oinonen LLC, making certain people have a fair shot at obtaining justice through the legal system when they are injured by the wrongdoing or negligence of others. We believe this even when it means challenging big foreign corporations. The problem is that a recent ruling by the United States Supreme Court this past month makes it even harder to challenge foreign corporations and easier for companies outside the United States to get off the hook when they create a product that injures or kills an American consumer.

The U.S. Supreme Court's decision in McIntyre Machinery v. Nicastro is the case that creates challenges and makes it much more difficult to hold foreign manufacturers accountable in the U.S. court system.

American Association for Justice Gibson Vance commented on this decision stating: "Simply put, foreign companies that market and sell their products in our country should not be able to evade accountability. . . In our global marketplace, this decision will allow foreign manufacturers to sell their products without adhering to our safety standards."

Legislation commenced in the last Congress - the Foreign Manufacturers Legal Accountability Act - would insure that foreign manufacturing companies are held accountable to the same United States safety standards or be held subject to our civil justice system by requiring, as a condition of entering the markets, foreign corporations to have a registered agent to accept service (the papers which are "served" to a defendant subjecting him to a lawsuit) on behalf of foreign manufacturers. Doing so would mean that they automatically were subject to jurisdiction in U.S. courts, one challenge to holding foreign manufacturers to the same safety regulations as corporations in the United States.

"This decision not only hurts consumers, but also U.S. distributors and businesses that must adhere to safety laws and regulations that foreign manufacturers can avoid," said Vance. "Congress must act quickly to address legal jurisdiction in our global marketplace."

According to the AAJ, 83 percent (312) of the 377 recalls announced by the Consumer Product Safety Commission (CPSC) in 2009 were from foreign corporations!

Big powerful lobbyists through an intense lobbying and media campaign effort have tried to convince Americans to think there are too many frivolous lawsuits out there. But the real truth is that these lawsuits are often the last defense and safety net against violations of our constitutional rights and against large corporations who violate American consumer rights without redress. Whether it is going after Chinese manufacturing companies that are pumping toys that contain poisonous lead into our market, or whether it is a violation against one's freedom of religion (First Amendment) or freedom to bear arms (Second Amendment), the Seventh amendment is the one recourse that provides Americans with a constitutional right to a civil jury system to insure that our rights are enforced and our liberties are protected.

Whether you are a Tea Partier, Republican, or Democrat, everyone who believes in protecting and preserving our United States Constitutional rights should be concerned about the insidious attack on our 7th amendment right to civil justice. Unfortunately, the recent United States Supreme Court's ruling has made it even more difficult for Americans to use their 7th amendment right when they require civil justice because of violations and wrongs done by a foreign corporation. Whether it is foreign imported baby milk that contains poison or a foreign made vehicle that explodes killing our loved one--we need to insure that foreign corporations are held to the same safety standards as American companies. And we need to insure that Americans have the same constitutional rights to seek legal redress for wrongs committed by foreign corporations just like they would have against a U.S. domestic corporation.

There should not be a double standard. What is good for the goose should be good for the gander. If foreign corporations are allowed to do business here, they need to be willing to play by our rules. No one should have the right to injure or kill an American consumer by hiding behind a foreign veil of protection and evading the American civil justice system.

For more information on the 7th amendment Constitutional right to a civil justice system, we recommend reading our previous article here.

Good Georgia Lawyer's favorite consumer advocacy group Public Citizen is pushing the FDA to issue a recall for a vaginal mesh used for women dealing with incontinence and other health issues. The consumer group warned that this product carries a high risk of serious injury for women.

Public Citizen filed a petition with the Food and Drug Administration urging them to recall the mesh to prevent women being exposed to serious life altering injuries.
The Food and Drug Administration did state that women who have these mesh implants are at greater risk of bleeding, infection, and pain compared to a more traditional surgery.

FDA's chief scientist Dr. Williams Maisel stated:"The added benefit of using the mesh is not evident, but there certainly appears to be an added risk,"

Over half a million women each year have surgery for incontinence of pelvic organ collapse and have had this mesh inserted through the vagina.
Between 2008 and 2010 the FDA received more than 1,500 reports of complications involving this mesh for women dealing with pelvic organ collapse also known as "prolapse."

FDA scientists now admit that they were mistaken about this mesh and that it does carry risk. Nevertheless, despite the high rate of injury, the FDA will not recall the mesh because some patients still benefit. Nevertheless, patients that have suffered excruciating injury due to this mesh inserted into their vagina think otherwise. Various symptoms have included:

Infection
Urinary problems
Pelvic and Vaginal Pain
Vaginal Pain
Injury to organs
Difficulty with sex including vulvodynia (vaginal pain).

Good Georgia Lawyer has written extensively about defective products in other articles. We have explained that in Georgia, manufacturers are held strictly liable in products liability tort actions. Georgia law does this to protect the consumer buyer by shifting the burden of the loss to the wrongdoer who manufactured the defective product which resulted in injury. The essential elements are: first, the manufacture of the product; second, a defective product; third, an injury to a natural person proximately caused by the defect; fourth, a sale of the product as a new product; and fifth, the existence of the defect at the time the product left the manufacturer's control.

Because defective products pose such a danger to consumers, products liability actions benefit not only the plaintiff but thousands of others who use the same product.
Manufacturers have a duty to warn consumers about the dangers and risks of using a product. Unfortunately, as in the case of this mesh, this does not always happen even when a product is approved by the FDA.

It is our hope that Public Citizen continues its good work for consumers and is successful in this recent petition to the FDA.

A very sad tragedy occurred for a Clayton County, Georgia family this past weekend. Franky J. Cassidy, a 24-year-old man was struck and killed while riding his motorcycle home from work. Marvlyn Eugene Martin, was drunk driving when he ran into Cassidy's motorcycle head on at 4 a.m.

Police stated that Martin had a blood-alcohol count of .192 percent, more than double the legal limit. Martin was charged with driving under the influence, homicide by vehicle, having an open container of alcohol in his vehicle and other traffic violations.

The Atlanta Journal Constitution reported that as of yesterday, Martin was held without bond on the homicide charge in the Clayton County jail.

The fact that Martin was driving intoxicated will certainly be admissible and would be the primary factor for proving punitive damages in a wrongful death lawsuit. At a trial of any civil or criminal action arising from actions alleged to have been committed by any person in violation of O.C.G.A. 40-6-391, evidence of the amount of drug or alcohol in a person's blood, breath, urine or other bodily fluid at the alleged time, as determined by chemical analysis shall be admissible. Cheevers v. Clark, 214 Ga. App. 866 (1994).

When a police officer requests a driver to submit to a chemical test because of actions alleged to have been conducted while driving a motor vehicle under the influence of drugs or alcohol, and the police officer arrests that persons, O.C.G.A. 40-6-392 requires that the police officer informs him at the time of the arrest of his or her right to an independent analysis to test the amount of drugs or alcohol present in the blood stream in order for the test administered by the police to be admissible at trial to prove the accused was driving under the influence of drugs or alcohol. Carswell v. State, 171 Ga. App. 455 (1984).

Continue reading "Wrongful Death for Clayton County Man Due to DUI Driver " »

Lawmakers out in Pacifica, California are currently discussing passing a law requiring pit bulls to be spayed or neutered after a pregnant woman, Darla Napora, was bitten to death dozens of times by her own pet pit bull. The pit bull, covered in Mrs. Napora's blood and hovering over her body when officers arrived, immediately was tied up by police officers. Unfortunately, the pit bull was able to break free and charged at the police officers as they tried CPR to restart Mrs. Napora's heart. The dog was shot by the police officers.

The law requiring pit bulls to be spayed and neutered was passed in San Francisco in 2005 after Dianne Whipple was killed by a dog in Jan. 2001 and 12-year-old Nicholas Faibish was mauled by his family pit bulls in 2005.

The President of Society of Prevention of Cruelty to Animals in San Francisco, Jason Walthall, admits that this law has no doubt been effective. Walthall stated: "We did see the number of pit bulls being surrendered to our shelters drop fairly dramatically."

Pacifica police said the pit bull that attacked Mrs. Napora was not neutered which can make dogs far more aggressive. Mrs. Napora was found by her husband who returned to the house from work at noon. When the police arrived they found the dog hovering around Mrs. Napora who was on the ground with serious trauma to her face and upper body.

The Napora's closest neighbor said the dogs had always been well behaved and that Mrs. Napora had control over the dogs--that she would call them and they'd back off. The dogs responded well to her and Mr. and Mrs. Napora had owned the dog since it was a puppy. Lesson of this story? Just because you think you can control your pit bull, doesn't mean they can't and won't turn on you or someone else!

This is truly a tragedy and our thoughts and prayers go out to the Napora family. Our concern in Georgia is that it is only a matter of time before such a tragic incident happens in this state. All too often, we see victims of terrible dog bites from owners who do not properly restrain and train their dogs. Additionally, many people who have no understanding about the viciousness of dangerous dogs such as Pit Bulls and Rotweilers, naively think that their dog does not have that capacity.

Good Georgia Lawyer has been saying this for awhile. All too often, we see owners who do not carefully train their dogs or assume because their Pit Bull is gentle and affectionate, they have control of the dog, unaware that this type of dog can turn on a human in a minute.

For more information on understanding dog bite law in Georgia, please read our article here. For more information on what to do in dealing with the aftermath of a dog bite, please read our article here. Contact Williams Oinonen LLC for more information.

The AJC reported that a Cherokee County wrestling coach Robert Leslie Morrow, age 28, has been charged with sexual assault involving a 16 year old; and a teacher Kristin May, age 32, who failed to report it was also arrested.

The victim, who reported being assaulted, no longer attends school in Cherokee County.

Morrow confessed to the assault when interviewed by detectives. The victim reported the incident to a teacher, Kristin May, in January, but May did not contact police, according to the Cherokee County Sheriff. May, 32, of Canton, was arrested Thursday afternoon and charged with failure to report.

Under Georgia law, a suit against a public officer (like a teacher) acting in his or her official capacity will be barred by official immunity unless the public officer (1) negligently performed a ministerial duty, or (2) acted with actual malice or an actual intent to cause injury while performing a discretionary duty. See Ga. Const. of 1983, Art. I, Sec. II, Par. IX (d) (as amended 1991). In other words, public officials are immune from damages that result from their performance of discretionary functions, unless those functions were undertaken with malice or intent to cause injury. Reece v. Turner, 284 Ga. App. 282, 285 (Ga. Ct. App. 2007).

It is hard to sue a school official, but not impossible. If you are ever in a situation similar to what this student has suffered, we urge you to seek immediate help. For more information on your legal rights, contact Williams Oinonen LLC.

Dear Dr. John Barge:

Our law firm urges you to submit a DOE proposed rule pursuant to O.C.G.A. §50-13-4(b) that protects our young Georgia student athletes from further injury and death due to heat related illnesses as a result of sports practice in high temperatures during the most dangerous months of the summer. As you know, just last week, two Georgia high school students have died from heat exposure during football practice - two deaths that should have been completely treatable and avoidable. These deaths are two too many.

Consequently, we ask that you take action by issuing State DOE recommendations to local county school districts, in addition to submitting a proposed rule concerning school sports safety before another student's life is put at risk.

Georgia high schools were allowed to begin "mandatory" outdoor football practice on Monday, August 1, during the midst of an oppressive heat wave. As a result, on Tuesday, two Georgia teenagers died after practicing in that heat. On Tuesday morning, Fitzgerald High School defensive lineman DJ Searcy, 16, died after practice with his team's football camp in Lake City, Florida. Later in the evening, Locust Grove High School offensive lineman Forest Jones, 16, died after passing out and spending a week in a coma after a voluntary workout with his team.

The problem, as Dr. Ralph Swearngin, Executive Director of the Georgia High School Association (GHSA) has publically admitted, is that the decisions regarding these issues are left solely to the judgment of coaches and respective school administrators. Unfortunately however, a significant lack of judgment has been displayed. It is also clear that GHSA as a voluntary association is not the suitable authority to hold schools accountable as they have limited enforcement mechanisms. Thus we urge you to step in to address this issue as you possess the leadership to demand accountability.

I am enclosing in the body of my letter a portion of a very, good article which offers concrete recommendations for resolving this problem written by Buddy Morrison, an attorney at Butler, Wooten & Fryhofer. Mr. Morrison writes:

"These two deaths come on the heels of a report by the CDC that nearly one-fourth of all emergency room visits for heat illness are attributable to football, and that August is the most common month for heat illness to occur. Over the past fifty years, hundreds of football players have died from heat-related illnesses - with most of those deaths coming in the first couple of days of practice.

Unfortunately, Georgia schools are not doing nearly enough to protect students. The Georgia High School Association (GHSA) and its member schools have failed to properly regulate practice in the heat in order to prevent the onset of heat-related illness. Even after these two recent deaths, Georgia high school coaches are still subjecting children to overexertion in dangerous heat conditions. Even worse, schools are not taking adequate steps to diagnose heat illness. Finally, even when heat illness is diagnosed, schools are not taking simple steps that would make death from heat illness entirely preventable. In sum, August football practices at Georgia high schools are unreasonably dangerous.

In response to Tuesday's deaths, the GHSA shifted responsibility by noting that it requires individual schools to submit their own written policies for practicing football in the heat. The GHSA has also been conducting a study with Michael Ferrara, Ph.D. at the University of Georgia, to study the relationship between heat levels and heat illness, but that study has not yet been completed. The GHSA stated that it may implement a uniform heat policy in the future.

The GHSA began requiring heat policies from its member schools five years ago, when a Rockdale County football player suffered a heat-related death. The policies must specify the time of day practices may be held and the amount of time allotted to rest at various heat/humidity levels, as well as set a maximum heat/humidity level where outdoor practices must be terminated. Essentially, the school must implement a sliding scale related to the heat index - when the heat index is X, practice must start before Y. When the heat index reaches Z, practice must be canceled altogether or moved indoors.
The "sliding scales" drawn up by the individual schools vary widely from district to district. Dr. Frerrara noted that "we have seen some policies that have been conservative while others have allowed practice to continue in extreme conditions." More importantly, the policies do not apply to "voluntary workouts" during the summer - only to "mandatory" workouts. So long as the players are not required to be at the workout, the coach can hold the workout in any manner he chooses regardless of the heat index. According to the GHSA, both of the players who died this week were participating in "voluntary workouts" not subject to the GHSA or school regulations.

Even for the "mandatory" practices, including the critical first week of practice beginning August 1, GSHA schools are not required to submit written guidelines for the total amount of time spent practicing, the type of equipment worn, or procedures for diagnosing and treating heat illness. Instead, the GHSA practice rules simply provide that "mandatory" practice may begin on August 1, and that in the first five days of practice, at least two days must have "players dressed in shorts, helmets, shoulder pads, mouthpieces and shoes only." For the other three days, players may wear full pads. Further, schools can have "voluntary workouts" at any time, where the players may only wear helmets and mouthpieces.

The GHSA and its member schools need not apply such a haphazard set of rules - uniform, comprehensive guidelines for practicing football in the summer are not hard to find. In 2009, the National Athletic Trainers' Association (NATA) issued comprehensive guidelines for beginning football practice that are stricter than even the GHSA practice-time rules. The NATA recommends that the first two days of practice be helmets-only and that the next three days be limited to helmets and shoulder pads. The NATA further recommends that an athletic trainer be present at every practice, only one practice per day during the first five days of practice, a maximum of three hours of practice during the first five days, and no consecutive "two-a-days" (two practices in one day) during the second week of football practice.

It is clear that, even in the wake of these two deaths, some Georgia coaches are not taking the risk of heat illness and death seriously. This week, Temple High School and West Hall High School kicked off their football camps with three-a-day workouts, and continued doing so even after Tuesday's tragic news. Schools throughout the state are still conducting two practices a day. Although many schools, including Atlanta public schools, have canceled outdoor afternoon practices during the heat wave, other schools around the state have not altered their practice plans in response to the oppressive heat.

Other coaches mistakenly place the responsibility for proper heat acclimatization on the players themselves. The coach of Mt. Zion High School attributed heat issues to players "laying on their couch all summer." The coach of Carrolton High School suggested that players participating in the "voluntary workouts" handled the heat better than other players. (The NATA guidelines call for proper heat acclimatization for all players - even those who do not participate in the "voluntary workouts" throughout the summer.) Marion County High School actually depended on the voluntary workouts to get players acclimated to the heat. Coach Mike Swaney observed: "If you let the kids stay home in the air conditioning and let them play video games and watch TV -- if they don't do anything all summer -- they will be in a situation where they'd be in a state of shock to come out in this kind of heat."

Not only are Georgia high schools failing to take adequate measures to prevent heat illness, they are also failing to adequately diagnose and treat symptoms. Although most coaches now allow players to take a break and rehydrate whenever necessary, "sometimes coaches confuse heat stroke with goofing off, so they push the players harder," said William Roberts, M.D., former president of the American College of Sports Medicine.

The most effective way to determine if a particular athlete is suffering from heat illness is with a rectal thermometer. A body temperature of over 104 degrees Fahrenheit is considered to be heat stroke. High schools are not using the best objective method to diagnose heat stroke. Depending on the athlete to volunteer that he is experiencing symptoms is not enough - first, athletes often fail to report symptoms to exhibit their "toughness," and second, an elevated core temperature decreases the athlete's cognitive ability and judgment.

Even when a player does show symptoms of heat illness, teams often fail to take adequate steps to protect their players from further damage. Water, rest, and shade are not enough. Death from heat stroke is 100% preventable, but it requires immediate and correct medical attention. "You have to diagnose [heat stroke] quickly and treat it quickly or a cascade of bad events starts to happen," Dr. Roberts said. Players who show signs of heat illness should be placed in a tub of ice water, which can reduce body temperature from above 108ºF to below 102ºF in 20 to 40 minutes. Rehydration alone cannot stop heat stroke quickly enough. According to Douglas Casa, Ph.D., director of athletic training education at the University of Connecticut, if teams kept a "kiddie pool" of ice water available at practices, they could prevent heat-related deaths. Even in August's sweltering heat, most football teams fail to take this simple precaution.

While heat illness is more prevalent in high school football than other sports, no student-athlete is immune from its effects. Baseball, soccer, and cheerleading all have their share of heat-related illnesses, as confirmed by the CDC report. Also during this time of year, the marching band practices alongside the football team in the blazing heat. Notably, these sports and activities lack even the superficial safeguards that have been implemented for football.

This week has reminded us that mixing fall football with August heat is a deadly combination. Unfortunately for Georgia's student-athletes, schools are making football unreasonably dangerous by requiring too much practice in the heat and failing to properly care for players who suffer from heat illness brought on by that over-exertion. Two sixteen-year-old boys died on Tuesday from a condition that was both 100% avoidable and 100% treatable."

Dr. Barge, we appreciate your public service to the citizens of Georgia. We ask that you address this very pressing issue before any other young person loses their life. These deaths resulted from negligent acts that occurred due to a lack of training, awareness, and judgment. If the Georgia DOE would issue guidance in addition to a proposed rule concerning athletic safety, this could insure that no other Georgia student is put at risk in the future.

Very truly yours,

JULIE J. OINONEN

Cc: Governor Nathan Deal

This is a video clip that would be hilariously funny if it was not so true. This is a conversation between an injured person and an insurance company adjuster. The insurance company adjuster represents the drunk driver who caused the injured person's broken legs and brain injury.

Many people make the horrible mistake of trusting the insurance adjuster who represents the person that hurt them. No matter what type of injury case you are involved in, this is the worst thing you can do. The insurance adjuster is not on your side! Their only goal is to try and get you to settle for as low of an amount of money as possible.

No matter how nice they may seem, they are not your friend and they do not have your best interest at heart. Do not give them a statement. Do not sign any release forms. Do not talk to them or anyone else before talking to an attorney.

Sometimes we meet injured plaintiffs who thought they could "out smart" the insurance company and settle their case themselves. Unfortunately, they do not understand who and what they are going up against--and the result is very damaging.

As you can see from this video, the insurance company's standard defense will be to try and deny that their insured had anything to do with causing your injuries as well as to deny that you are really even injured. And if you are injured, they will scour your past medical records and argue that your injuries had something to do with a pre-existing condition.

Don't go it alone! If you are suffering any type of problem make sure you seek counsel to understand all your rights and to protect your legal interests.

The second fatal collision occurred last week in Moultrie, Georgia this time involving a motorcycle and truck. The Georgia State Patrol investigators reported that a 1996 Toyota Tacoma, driven by an 81 year old man named James Henry Smith, failed to yield when crossing a road, hitting a motorcycle that was driven by 30 year old Randy Larry Harris.

Very sadly, Mr. Harris was ejected from his motorcycle and died at the scene. Mr. Harris, a young man at age 30, tragically left behind a loving wife, children, and large extended family from West Berrien. He was a diesel mechanic and shop supervisor at the Berrien County Bus Shop, and a member of Ebenezer Baptist Church. The elderly driver who hit him was given a citation for failing to yield.

Very sadly, motor vehicle crashes such as this one are the leading cause of injury and death in the United States. The most recent 2010 report put out by the CDC (Center for Disease Control) reports that motor vehicle crashes are the leading in fact the cause of death among those age 5-34 in the U.S. The financial impact is also significant: the lifetime costs of automobile crash deaths and injuries among Americans was listed at $70 billion a year just a few years ago.

Good Georgia Lawyer urges our lawmakers, city and state leaders to continue to develop programs and policies that will change behaviors to keep drivers, motorcyclists, bicyclists, and pedestrians safe on the road and fight against such terrible tragedies that result in the loss of loved ones. Although recent legislation has been passed, there is more to be done in order to protect Georgia citizens from dangerous vehicle collisions.

In the event a Georgia citizen is injured or killed as the result of someone else's negligent driving, then the defendant driver is usually held liable for a failure to exercise reasonable care and caution while driving or violating Georgia Rules of the Road which include failure to yield, running red lights, reckless speeding, hit and runs and more.

In a successful personal injury case, the injured Georgian or their family may receive damages, which is money given as compensation to help the injured person and their family. In Georgia, there are two major categories of damages that courts may award the injured - compensatory and punitive damages. Punitive damages punish the offender and deter them from hurting someone else again. Compensatory damages can help medical bills, funeral costs, pain and suffering.

The law firm of Williams Oinonen LLC urges all Georgians to drive safe: always exercise care and caution while travelling on the roadways.

New Georgia biking law General Assembly House Bill 101, which went into effect July 1, provides for safer bicycle riding for bicyclists and the motoring public.

It also spells out minimum safety guidelines for bicycle lanes in Georgia.

Georgia bikers say they hope the new law encourages motorists and bikers to be more careful. Reports of accidents between motorists and cyclists in 2009 and 2010 faulted cyclists at 48 percent of the time and motorists around 39 percent of the time. The remaining percentage was for no fault or when both parties (the cyclist and motorist) were both to blame.

Good Georgia Lawyer is encouraged that new biking laws were instituted which seek to protect bikers but urges city council and the legislature that there is more to be done in order to protect Georgia citizens. We encourage the city of Atlanta to institute a public service campaign that promotes biker safety and requires bikers to wear helmets as many other cities do. All too often bikers have suffered death or irreversible brain damage due to a head injury that might have been preventable with a helmet. All too often we see bikers riding the streets of Georgia on a death wish: weaving in and out of busy traffic lanes without a helmet, running red lights, and riding in the dark without visible clothing or lights.

Williams Oinonen LLC supports our biking clients and want to make sure cyclists' safety is protected at all times. We encourage all bikers to take the right precautions (wearing helmets, obeying road rules, staying to the right as much as practical) to avoid dangerous situations that put their life at risk.

For motorists--it is not worth putting a cyclist's life at risk and having to live the rest of your life knowing you were at fault for injuring or killing another human being. We encourage motorists to always give cyclists space, as though they were another car!

Sharing the road is a two-way street: motorists and cyclists need to look out for each other!

Georgia wrongful death lawyers at our firm have explained the laws concerning wrongful death before in other articles. Today's article will explain when a minor can still sue for the wrongful death of their mother or father who died, even if it happened years ago.

An action for wrongful death in Georgia is solely created by statute and does not exist in common law. What this means is that the Wrongful Death Act in Georgia, O.C.G.A. § 51-4-1 et seq., must be strictly interpreted and not extended beyond its plain meaning and explicit terms.

Wrongful Death Statute of Limitations Extended for Minors:

The language of the Act, given its plain and ordinary meaning, does not contain a separate, internal statute of limitation that applies specifically to a wrongful death claim. As a result, O.C.G.A. § 9-3-33, the general two-year statute of limitation for personal injury claims, applies to wrongful death claims that do not arise from medical malpractice.

Under § 9-3-33, actions for injuries to the person generally shall be brought within two years after the right of action accrues.

Consequently, the courts have made clear in Georgia that if you have a wrongful death in Georgia, you must sue within the two years of your loved one's passing in order to secure your claim. However, if your mother or father died while you were still under the age of 18, i.e. a "minor," you will still have an additional two years after you turn 18 to file a wrongful death lawsuit.

Wrongful Death: Terminating Life Support Without Family Approval:

Under State of Georgia law, the decision of whether to continue or terminate life support belongs exclusively to the patient's family or legal guardian, not to the hospital, the doctors, or the State. A claim based upon a physician's termination of life support of a child over the objections of the child's parents constitutes a claim for wrongful death. DeKalb Med. Ctr., Inc. v. Hawkins, 288 Ga. App. 840, 843 (Ga. Ct. App. 2007)

In 2007, an important case arose after a young mother named Tara Hawkins fell and sustained severe head trauma. When Hawkins arrived at the Dekalb Medical Center, she was unconscious and sadly, she never regained consciousness. Hawkins, who was pregnant, remained on life support for nearly four months.

During that time, some of her physicians believed that she was brain dead and that her baby would not survive. Based upon these opinions, DMC repeatedly recommended an and the termination of her life support. Hawkins' mother refused to agree to the abortion or termination of life support. On March 16, 2004, a DMC nurse discovered that Hawkins had spontaneously given birth to her son, Emmanuel Hawkins, without any medical assistance. Emmanuel weighed less than three pounds and suffered from numerous medical ailments.

Two days after giving birth, DMC terminated Hawkins life support, and she died that very day. There is no evidence in the record that, prior to terminating life support, Hawkins was terminally ill or that her death was imminent, nor was there any evidence that her brain function deteriorated or that her prognosis changed after Emmanuel's birth. No family member, including Hawkins' mother, had agreed to the termination of life support. Further, Hawkins did not have a "living will" or other advanced medical directive, and there was no court order giving DMC permission to terminate life support without the family's consent.

On May 15, 2006, more than two years after Hawkins' death, her mother, Nonnie Hawkins, as the next friend and natural guardian of Emmanuel Hawkins, filed a lawsuit against DMC, Marshall Nash, M.D., and DeKalb Neurology Associates, LLC. The lawsuit asserted a claim against DMC for "tortious termination of life support," claiming that the hospital discontinued life support without the permission of her mother, the consent of any family member, or a court order.

The Georgia Court of Appeals ruled that based upon the plain language of the statutes at issue, the lack of an internal statute of limitation in the Wrongful Death Act, the lack of language limiting the application of the tolling provisions in the Wrongful Death Act, and the absence of any Georgia appellate court rulings to the contrary, that the minority tolling provision of OCGA § 9-3-90 (a) applies to a wrongful death action brought by a minor for the death of a parent when the action is not based upon medical malpractice.

What this means in plain English is that if you are a person less than 20 years of age whose father or mother was wrongfully killed (outside of medical malpractice reasons) you may still have a wrongful death claim against the person or entity responsible, even if your parent died long ago.

However, because this law is so complex and because the clock is ticking on the expiration date of such a claim, it is important to seek competent, legal counsel as soon as possible.

Continue reading "Can I Sue For My Parent's Death in Georgia?" »