• $10.8 Million resolution of a wrongful death professional negligence case.
  • $3,000,000 to the surviving spouse in a wrongful death / medical malpractice case
  • $1.75 Million for a 26 year old woman who was injured and the injury resulted in complex regional pain syndrome (CRPS) in her foot.
  • $1,900,000 to a man run over by a bus who sustained serious crush injuries to his legs
  • $1,120,000 for death of 48 year old man in a three vehicle collision
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The Atlanta division of the United States District Court (N.D. Georgia) ruled in a recent case, Embry v. Vance, Dist. Court, ND Georgia 2013, regarding specific evidentiary requirements in cases involving medical questions.

The plaintiff filed the lawsuit following a car accident in DeKalb County, Georgia, seeking to recover medical expenses, lost wages, and damages for her pain and suffering. The defendants removed the case to federal court, and a discovery period followed. Discovery is the period of time during which the two parties to a lawsuit gather evidence from each other and other sources, through mechanisms such as asking written questions (interrogatories), asking questions in person (depositions), document requests, and other sources.

Following the discovery period, the court directed the parties to file for summary judgment or submit a pretrial order. The defendants filed a motion for summary judgment, arguing that the plaintiff’s failure to identify expert testimony for trial. They argued that this failure would prevent her from prevailing on her negligence claim because she must have an expert to establish causation. They further argue that the Plaintiff has produced no evidence whatsoever that could establish causation. The Plaintiff did not respond to the motion.

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Authorities announced late last month, that a Canadian man was charged with first degree vehicular homicide and felony hit and run in connection with a fatal accident on Interstate 75 in Cobb County that he was believed to have caused.

The man was also charged with improper lane change while driving the RV, which was believed to be responsible for triggering the multiple-vehicle chain reaction. Marietta Police said the current warrant has a no-bond and a nationwide extradition clause added. Police stated that they had encouraged the driver to turn himself in within 24-48 hours when they spoke with him, but that they did not know his exact location.

According to prior reports, the accident was caused when the RV, which was traveling southbound on I-75 near Delk Road, reportedly slammed into a Toyota Camry, which then collided with a Toyota Prius. The Prius then hit a median wall and flipped, partially ejecting its passenger, a 40 year old man who was not wearing a seatbelt. He was pronounced dead at the scene.

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The first weekend in November was a tragic one in the greater Atlanta area, with four separate car accidents that left four people dead.

Three of the accidents occurred on Saturday. Although the circumstances surrounding the crashes were unclear, the first occurred when a garbage truck rolled over while exiting I-75 southbound at the Cleveland Avenue offramp. One public works employee was killed in the single car accident, and another was injured. The second worker was transported to a local hospital in critical condition.

Another accident happened on the I-85 north near the Ga. 400 intersection, killing a 20 year old man. According to reports,  a passenger was attempting to climb out of a window, which prompted the driver to pull over. The victim was fatally struck after he exited the vehicle and walked into traffic. The driver of the other vehicle was transported to a hospital for treatment of his injuries.

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Over the weekend, officials reported that it took them several hours to successfully clear the remnants of a tragic accident that happened on Interstate 85 near Peachtree Road in Suwanee, Gwinnett County.

A county officer confirmed that there was one fatality, following the reported collision of a passenger vehicle and a tractor trailer. A video sent to a local news station by a passing motorist showed the trailer engulfed in white smoke. A photograph reportedly revealed a car pinned below a burned out section of the trailer.

According to one witness, “The small car was pressed between the tractor trailer and the railing, completely engulfed in fire.” A Police Department spokesman said both vehicles were traveling southbound on I-85 north of Old Peachtree Road when the two vehicles collided. The car apparently caught fire sometime shortly after the collision, trapping the driver of the passenger vehicle. As a result, the driver of the car died at the scene.

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A driver who fell asleep in his truck in the middle of the road caused a major traffic accident in Atlanta, when he suddenly woke up and accelerated into several vehicles in an attempt to flee the scene.

The man was apparently initially discovered by the camera crews of a local news station, prompting the employees of the news station to call 911, as the truck was stopped in a lane of traffic, with the engine still running, as the man lay asleep behind the wheel.

A Georgia Department of Transportation HERO unit arrived and tried to revive the man and remove the keys from the ignition. The driver awoke, engaged in some sort of confrontation with the HERO worker and sped off, nearly hitting the HERO worker, and colliding into two other cars. This caused a chain reaction that eventually resulted in a five car accident. The incident reportedly occurred at the Buford Connector near downtown Atlanta.

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Gainesville Police believe that road rage was likely to blame for causing a deadly accident last week  on Browns Bridge Road.

A police spokesman said in a statement that a 911 call was received wherein the caller stated that a pickup truck was repeatedly and aggressively hitting a Toyota Highlander from behind for unknown reasons. The call came in just after midnight.

According to the transcript of the 911 call, the couple in the Highlander said that the truck had been following them for some time, and that he repeatedly turned his headlights off and on, and continued to ram into the back of their vehicle.

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An Atlanta truck driver was among the victims in an accident that occurred on Interstate 40 in Jefferson County this week involving three vehicles, which lead to eight deaths, and at least fourteen people injured.

The accident happened when a church bus reportedly crossed over the median of the interstate and collided with two other vehicles, a tractor trailer and an SUV, travelling in the opposite direction. Police officers said in a statement that the bus crossed over the median after its front left tire exploded. The bus became overturned, and the tractor trailer caught fire.

A Highway Patrol spokesperson reported that eight people had died in the crash, two of whom were on the bus, one was in the tractor-trailer (presumably the driver), and one in the SUV. Of the fourteen individuals injured, twelve were transported to local hospitals for treatment. Eight of the victims were in critical condition, two were in serious condition, and four were in stable condition. The bus was reportedly transporting a group of senior citizens, who were returning from a church-sponsored Jubilee event.

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Douglasville police released information regarding a serious car accident that happened over the weekend.

According to police, the accident happened near the Fairburn Road exit after 10 p.m.  An SUV carrying six people flipped several times at an exit ramp off I-20. The SUV was carrying a family from Atlanta, who were were on their way to visit another relative at a hotel off the exit. Five of the six individuals in the vehicle were children.

A seven-year-old boy died at the scene. Four of the people had to be flown by helicopter to local hospitals, after some of the passengers were thrown out of the SUV when it flipped over several times. Girls aged six, thirteen, and fifteen were transported to  a local children’s hospital, with the younger girls in critical condition, and the older girl in good condition. The remaining passenger, a fifteen-year-old girl, and the driver were also transported to local hospitals. The driver reportedly suffered only minor injuries.

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Atlanta police are continuing their investigation into a car accident in Southwest Atlanta that killed a grandmother driving to church on a Sunday morning.

The 68-year-old woman was driving her Honda Accord when she stopped or slowed down near the traffic light. Police said that shortly thereafter a Ford Taurus slammed into the back of the woman’s vehicle at a high rate of speed.

The collision caused the woman to incur severe injuries and also caused a small fire to erupt in the car. Attempts to free the woman from the flaming vehicle by nearby civilians were unsuccessful. Fire crews eventually freed the woman from her car, but she later died at the hospital as a result of her injuries.

Atlanta police have not released information regarding the driver of the Taurus, nor whether he will face any charges.  He was reportedly injured in the accident, though not severely. Continue reading

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Cobb County police have arrested a Florida woman for her role in an early morning fatal crash. The crash happened earlier this month on I-75 south, just south of the Hickory Grove Road overpass.

Police said the Florida woman failed to stay in her lane, which resulted in her sideswiping a truck, causing it to veer off of the road and then overturn. The driver of the truck was transported by helicopter to a local hospital in critical condition. Sadly, the man’s wife, a passenger in the vehicle, died at the scene.

The Florida woman was reportedly arrested at the scene and taken to the local detention center, where she was charged with second degree vehicular homicide and failure to maintain lane.

The charges in this case stem from the driver’s reported failure to stay within her own lane, which led to her collision with the victims’ vehicle. Continue reading

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