Animal Attacks Dog Bites

• Do Georgia State Dog Laws Go Far Enough?
  Jan 21, 2009

  State law in Georgia defines a vicious dog as any dog that inflicts severe injury on a human without provocation, but to be declared vicious, the dog must have bitten people on at least two occasions.  Some cities don't think the state laws go far enough. They've enacted stronger local laws to deal with dangerous dogs.  In September, two American bulldogs attacked and killed an Australian Shepherd in the Indian Oaks Subdivision. The shepherd's owner shot and killed one of the bulldogs. That incident raised concerns about dog dangers in Leesburg. Since then, the City Council has put more teeth in its dogs ordinance to prevent future attacks on humans. - 63 - 70

Construction Accidents

• Atlanta Construction Accident - Hip injury Garners Large Settlement
  Feb 10, 2010

  A construction worker suffered an open fracture to the left femur, left acetabular fracture, fractures to the right pubic rami, and a right SI joint dislocation when he was struck by a concrete boom when a portion of a pumping truck sank.  Plaintiff was responsible for the installation of forms used to provide the concrete foundation at a residential construction site.  Defendant was hired to pump concrete into the forms he had installed.  Defendant dispatched a pumper to the site and an employee proceeded to set up the pumper and pour the concrete.  The outriggers attached to the pump truck began to sink and the concrete pumper became unstable.  The operator lost control of the extended boom and plaintiff was struck with the boom.  Plaintiff alleged defendant's employee was negligent in failing to properly secure the concrete pumper prior to initiating the pour and knew the concrete pumper was at risk of tipping in the absence of properly secured countermeasures.  Plaintiff argued that, despite this knowledge, defendant's employee failed to secure the outrigger responsible for stabilizing the concrete pumper during the pour.  
  
  Plaintiff underwent multiple surgeries to repair the shattered hip with only partial success.  He had permanent impairments and was unable to return to work.  He also suffered permanent impotence.  He had a spinal stimulator implanted.  Plaintiff claimed $216,590 in past medical expenses and combined past and future lost wages of $1,294,255.  Plaintiff also had a life care plan claiming substantial future medical expenses.  The 42-year old man reached a $3,750,000 settlement with the concrete pumping company prior to trial in the Fulton County State Court.

   

   

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General

• Atlanta Food Poisoning Lawyer
  Feb 16, 2010

  A man claims he was sickened in a nationwide salmonella outbreak.  He has sued Rhode Island meat company Daniele (dan-YEHL'-ee) International and Wholesome Spice in New York, alleging salami containing tainted pepper made him sick.  Hanks purchased Salami products made by Daniele at a Wal-Mart.

  He fell ill within a day of consuming the products, with nausea and diarrhea that continued to worsen, saw his physician and took medications prescribed by him, then went to the emergency room at his local hospital, where he was treated for severe dehydration and bacterial infection.  Tests were positive for salmonella and Hanks continues to recover from his illness.  Daniele recalled the salami and changed its spice suppliers.

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• Peachtree City Georgia Medical Malpractice Lawyer
  Feb 07, 2010

  A patient with permanent brain damage filed lawsuit claiming his injury was the result of medical negligence.  The defendant physician denied he did anything wrong or that he violated the standard of care.  Plaintiff suffered a hemorrhage involving the right dorsal lateral brainstem extending into the 3^rd and 4^th ventricle.  Defendant physician placed a right front ventriculostomy (monitors intracranial pressure).  Plaintiff remained on a ventilator, eventually requiring a tracheostomy and had a feeding tube placed.  Plaintiff alleged defendant deviated from the standard of care in failing to culture plaintiff's cervical spinal fluid ("CSF") for signs of infection several days after his ventriculostomy had been in place, claiming negligence caused or contributed to the development of a brain infection and the failure to perform appropriate testing resulted in a delay in diagnosis that led to permanent brain damage.  Defendant contended that the standard of care did not require testing of the CSF.  Plaintiff incurred $800,000 in past medicals, claimed $4,300,000 in future medicals, $73,443 in past lost wages and $894,119 in future last wages.  The Cobb County, Georgia jury found in favor of the defendant.

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• KB Home to Pay Fine in EPA Probe of Alleged Water Run Off Violations
  Jun 13, 2008

  Four major home builders, including Los Angeles-based KB Home, have agreed to pay $4.3 million in fines to resolve alleged violations of the Clean Water Act involving hundreds of construction sites nationwide, the U.S. Justice Department and Environmental Protection Agency said Wednesday.
  
  The four separate settlements are the result of a federal investigation into storm-water management and compliance efforts between 2001 and 2004, according to the companies named in the complaints.
  
  The greatest number of alleged violations occurred in California. Complaints also were filed this week against Pulte Homes of Bloomfield, Mich.; Centex Homes, based in Dallas; and Richmond American Homes, based in Denver.
  
  The complaints allege that the companies violated storm-water runoff regulations at construction sites in 34 states and the District of Columbia. Alleged violations include failure to obtain a permit before construction and failure to prevent or minimize discharge of pollutants, such as silt and debris, in storm-water runoff.
  
  The Clean Water Act requires construction sites to have controls, such as silt fences and sediment basins, to prevent contaminants from flowing into waterways.
  
  Pollutants from concrete, lubricants, paint, pesticides and other debris can mix with storm water, and the runoff can harm or kill fish and wildlife as well as affect drinking water quality.
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• Settlement Would Move Brain Injury Patients from Nursing Homes
  Jun 04, 2008

  As many as 2,000 Massachusetts nursing home residents with brain injuries would gradually move into homes in the community under a proposed settlement of a lawsuit that alleges the state leaves too many people trapped in institutions in violation of federal law.

  Advocates said Monday’s settlement could mean greater freedom for the estimated one-quarter of the state’s 8,000 brain-injured residents of nursing homes and rehabilitation centers who are capable of living on their own or in a group, with some nursing assistance.

  "I think their quality of life will certainly be improved, and when that happens, your physical and mental health also improve," said Arlene Korab, executive director of the Brain Injury Association of Massachusetts, and mother of Kevin Korab, a 42-year-old brain-injured man who successfully lives in a Dartmouth home with another disabled man.

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  May 15, 2008

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• Florida Puts Brakes on Allstate Auto & Home Insurance Sales
  May 15, 2008

  Allstate agents in Florida can’t sell new auto insurance policies this morning. Or homeowners coverage. State regulators have put them out of business in an effort to strong-arm information from the company in an ongoing battle over high rates and business practices. With the muscle of a favorable court ruling behind him, Florida Insurance Commissioner Kevin McCarty expects Allstate Floridian will soon allow his office free access to its records and thus end the shutdown. With a signed affidavit from company officers promising unconditional compliance, McCarty said Wednesday he’d lift the then hours-old order against Allstate doing any new business in the state.
  
  “The timeline is in their hands,” McCarty said. “Clearly they have indicated a willingness to provide further documents. It’s unfortunate that it takes a succession of court cases . . . to get their attention.”  For now McCarty is enforcing the suspension he first issued in January to wrest documents and testimony from the company in an ongoing investigation of rates, policy cancellations and business practices.  The sanction does not affect Allstate’s existing 2 million customers. Allstate officials said they’re moving to fix things.
  
  “We are taking steps to comply with the (court’s) order,” a company statement said. “We have supplied a certification to the (Office of Insurance Regulation) for review and are working to resolve any remaining issues.”
  
  The company said its agents have been told to stop selling new policies.
  McCarty’s sanction went into force Wednesday morning when an appeals court shot down Allstate Floridian Insurance Company’s request for a rehearing in its lawsuit to head off the discipline. The court earlier said the state was within its power to put Allstate out of business.
  
  “The substance has always been to compel the company to make their books and records completely available,” McCarty said. “We have since received hundreds of thousands of documents. Most of those came after the (court) made its initial ruling” in favor of regulators.

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