Attorney Blog

Brain Injury

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)11652 — Tue, 08 Dec 2009 08:00:00 EST

6-Year-Old Girl Killed In Accident

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3362 — Wed, 12 Aug 2009 08:00:00 EST

A 6-year-old North Georgia girl is killed after police say her uncle failed to yield to oncoming traffic on a Walker County highway. Their car was struck and destroyed Thursday morning by a truck going the other way. It all happened right in front of Alisha Blassingame's elementary school. "Like a nightmare," said Paula Anderson, Alisha's great aunt. "You wake up up at 8 o'clock to a phone call and you never get out of the nightmare." Alisha was riding with her uncle to Gilbert Elementary, but when he pulled off Highway 193 onto a side road leading to the school, police say he failed to yield.

Parents Arrested for Child Cruelty

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3193 — Tue, 23 Jun 2009 08:00:00 EST

Just who are the angry parties here?

Parents Charged with Battery and Child Cruelty

In a clear case of anger mismanagement, two parents in McDonough were arrested for child cruelty after punishing their two adopted children with a rigorous exercise routine, according to the Atlanta Journal-Constitution. Earl and Deborah Dinkler each were charged with two counts of cruelty to children and battery under the Family Violence Act.

A neighbor contacted police after the 13-year-old daughter appeared on their doorstep, sweating and afraid to return home. Before the neighbor could intervene, the child ran back home, only to return hungry and exhausted from running morning laps. According to McDonough Police Captain Kyle Helgerson, the 13-year-old girl and 11-year-old boy were ordered to run 15 laps around the house every morning before being allowed breakfast the last four years.

Spankings Given with Baseball Bat

If the parents weren’t satisfied with their children’s performances, they would be spanked with a belt or hit with a miniature baseball bat. Earl Dinkler said the spankings and daily exercise regimens were given as a way to cure his kids of their anger problems. Dinkler confirmed he denied the children food, allowing only water until their morning regimen was complete.

After police took the two children to the Henry Medical Center, several bruises were discovered on the girl and boy’s bodies. The children are now in the custody of child welfare. A hearing is scheduled for the parents August 17.

Boy Hit By Truck and Left in Street

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3341 — Tue, 23 Jun 2009 08:00:00 EST

A three-year-old African American boy was struck by a pickup truck Sept. 1 and left for dead on a street in the Presidential Hills subdivision in North Jackson, Mississippi, ABC affiliate WAPT-TV reported. The boy was playing with friends when he was struck by what turned out to be a hit-and-run driver.

"He was bleeding out his ears and out his mouth, but he was not crying," Latoria Harris, cousin of the boy, said.

The victim, Damarion West, is hospitalized at University Medical Center Children's Hospital in Jackson. He suffered a bruised liver and damaged lung.

Boy Left in Road “Like A Dog on the Street”

"It's a hurting pain," his uncle, Zachary West said. "If anyone out there has kids, they want somebody to turn themselves in, instead of just running off and leaving the child on the road like a dog on the street. That's basically what happened: He hit the kid, got out, looked at him and left.”

Witnesses described the pickup as a Ford F-150 model, either blue or green. Family members plan to petition the city for speed bumps where the accident happened. Anyone with information is asked to call CrimeStoppers at 601-355-TIPS.Your identification will remain anonymous.

http://www.wapt.com/news/index.html

Three Fires in Five Months Is Blemish on Gwinnett County Bus Line

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3488 — Tue, 23 Jun 2009 08:00:00 EST

Public transportation patrons in Gwinnett County have to be wondering how safe their bus rides are to downtown Atlanta. In the span of five months, there were three fires on the bus line. The first occurred in September, 2006, the second in December and the third, in February, of this year. The December fire ruined one bus while the blaze delayed traffic for hours on I-85 near Spaghetti Junction.

Audit Reveals Engine Mechanical Problems

p>What may be worse is a scathing county audit on Veolia, the company which operates the 76-vehicle bus line. The report was made public in May, just one month after the county signed a five-year, $60 million contract to continue service with the Oak Brook, Il.-based carrier.

Specifically, a report obtained by the Atlanta Journal-Constitution (AJC) cited the lack of qualified auto mechanics. The report said only one mechanic was “expert,” while two mechanics operated below this level. Remaining mechanics were referred to as “novices.” There were over 6 million passenger boardings on the line in 2006, according to the AJC.

But bad publicity hasn’t bothered Phil Boyd, transit director for Gwinnett County, who praised Veolia for making progress. “We feel they are on the right track,” he said. “They have made improvements in maintenance and maintenance records and have hired people to take them to the next, highest level of training.”

Company Revamps Mechanic Staff, Upgrades Engines<.h2>
As for the fires, Veolia claims they were caused by a deficient engine part. An auditor hired by Gwinnett County determined the cause of the fire to be manufacturer design flaws in the engine. Veolia informed the county it will replace suspect parts and increase preventive maintenance to assure rider safety. Veolia will move into a new facility in Norcross in early October. With the change in scenery comes a new maintenance director, mechanic and trainer of mechanics, according to Veolia President John Autry.

But some bus drivers still question Veolia’s safety record. “From what I hear, the equipment is still not safe,” said Oliver Hooks, spokesman for the Gwinnett bus drivers union. “The air conditioning doesn’t work and horns don’t work. Drivers say the company’s view is to, ‘Drive the buses until they stop running.’”

The Gwinnett County bus line began six years ago with 17 buses. In 2006, the five-year, $26.8-million contract of McDonald Transit expired, inviting new bids. In May of 2006, the county awarded Veolia a five-year pact.
www.ajc.com/gwinnett/content/metro/gwinnett/stories/2007/09/29/buses_0930.html

'Tort reform' gets a frontal assault

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)4421 — Fri, 07 Mar 2008 08:00:00 EST

After dealing with piecemeal challenges to the 2005 legislation that made it harder for plaintiffs to win suits, the Supreme Court of Georgia may soon get a case that tests the whole package, courtesy of the Fulton County Superior Court.

Attorneys for a man claiming to have been rendered quadriplegic by mistakes made in a Douglas County emergency room argued last week that the entire law passed as Senate Bill 3 should be declared unconstitutional.

The bill, which among other things capped pain and suffering damages at $350,000 and protected ER doctors from liability unless they exhibited "gross negligence," was part of a so-called "tort reform" movement in the General Assembly, said Robert D. Roll of Atlanta's Watkins, Lourie, Roll & Chance.

For more information, follow the link below.

WR Grad Dies After Crash

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)4309 — Thu, 21 Feb 2008 08:00:00 EST

A 2004 graduate of Warner Robins High School died Wednesday night from injuries she suffered in a car accident last Sunday.

22-year-old Jamie Lynn Carter died at a Savannah hospital, three days after a wreck that also killed two of her sorority sisters. She was a member of Kappa Delta.

For more information, follow the link below.

California Wins Rights to Regulate Vehicles' Emissions

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3933 — Fri, 21 Dec 2007 08:00:00 EST

In a new defeat for automakers, a federal judge in California ruled Wednesday that the state has the authority to regulate greenhouse-gas emissions from cars and trucks. It's the second federal ruling giving states that authority this year.

Greenhouse gases are blamed for global warming, and the main greenhouse gas is carbon dioxide (CO). Because the only way to reduce CO output is to burn less fuel, automakers see greenhouse-gas rules as barely camouflaged fuel-economy regulations. Only the federal government has the authority to set fuel-economy standards.

"We will study the decision and consider the options, including an appeal to the 9th U.S. Circuit Court and the Supreme Court," said the spokesman for the Alliance of Automobile Manufacturers. The alliance is the industry's main trade organization.

In August, a federal judge in Vermont made a ruling similar to that in California. The alliance is appealing the ruling.

Even if automakers lose in court, California and other states that adopt identical regulations cannot enforce them unless the U.S. Environmental Protection Agency grants permission to vary from federal regulations.

In a case involving Massachusetts, the U.S. Supreme Court ruled in April that greenhouse-gas emissions are, in fact, pollutants subject to federal regulation. They have not been considered toxic emissions.

Environmental groups cheered the California ruling. "It's time for the automakers to bench their lawyers and put their engineers to work," said Patricia Monahan at the Union of Concerned Scientists.

Nearly every automaker, via the alliance and a smaller trade group for import brands, is battling state limits on greenhouse gases.

Car companies worry about having to meet differing state regulations and they say that there is no affordable technology able to meet California-style standards.

Territo said California's greenhouse-gas limits would require cars and the smallest trucks to average 43.7 miles per gallon by 2016 and other trucks to average 26.9 mpg.

That's stricter and quicker than required by the energy bill being debated in Congress. It would boost fuel economy to an overall 35 mpg by 2020 and reduce CO emissions by 30%.

Couple Convicted in NY Slavery Case

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3934 — Fri, 21 Dec 2007 08:00:00 EST

On Monday, a jury convicted a millionaire couple of enslaving two Indonesian women they brought to their mansion to work as housekeepers.

Mahender Murlidhar Sabhnani, 51, and his wife, Varsha Mahender Sabhnani, 45, were each convicted of all charges in a 12-count federal indictment that included forced labor, conspiracy, involuntary servitude, and harboring aliens.

Prosecutors said the women were forced to work 18 or more a day and subjected to repeated psychological and physical abuse.

The Sabhnanis, who operate a worldwide perfume business out of their Muttontown home on Long Island's Gold Coast and have four children, could face up to 40 years in prison. However, attorneys predicted the punishment would be considerably less. He is from India, and she is from Indonesia, but both are naturalized U.S. citizens

One of the couple's daughters collapsed in the front row as the verdict was read, prompting the judge to clear the courtroom while medical personnel attended to her.

Defense attorney said he would appeal. "Apparently, the jury was taken by the histrionics ..." of the Indonesian women, he said.

Prosecutors called it a case of "modern-day slavery." Assistant U.S. Attorney said in closing arguments the poorly educated women worked as housekeepers for $100 or $150 a month - all of which was sent to their relatives back home.

Prosecutors said the women, known only as Samirah and Enung, were subjected to "punishment that escalated into a cruel form of torture" that ended when one of the women fled on Mother's Day.

Allegations of abuse included beatings with brooms and umbrellas, slashing with knives, being made to repeatedly climb stairs and take freezing cold showers as punishment for misdeeds that included sleeping late or stealing food from trash bins because they were poorly fed.

Samirah, the woman who fled the house in May, said she was forced to eat dozens of chili peppers and then was forced to eat her own vomit when she failed to digest the peppers, prosecutors said.

"This did not happen in the 1800s," Prosecutors said. "This happened in the 21st century."

Enung testified that Samirah's nude body once was covered in plastic wrapping tape on orders from Varsha Sabhnani, who then instructed Enung to rip it off. "When I pulled it off, she was screaming," the housekeeper said through an interpreter before breaking down in tears on the witness stand.

The Sabhnanis' defense attorneys contended the two women concocted the story of abuse as a way of escaping the house for more lucrative opportunities. They argued the housekeepers practiced witchcraft and may have abused themselves as part of an Indonesian self-mutilation ritual. They also said the couple went on frequent vacations that would have given the two women ample opportunity to flee.

The Sabhnanis spent nearly three months in jail until a judge approved a bail package that required them to post $4.5 million and pay an estimated $10,000 a day for security monitoring while they were kept under house arrest.

Washington State Supreme Court: Widows May Sue Seattle

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3907 — Mon, 17 Dec 2007 08:00:00 EST

In a unanimous decision, the state Supreme Court has ruled in favor of an injured Seattle firefighter and the widow of a Seattle police officer, both of whom had sued the city for negligence.

In an opinion published Thursday, the justices found that both firefighter Kevin Locke and the widow of Officer Gary Lindell had the right to sue the city under a provision of the state's pension plan for police officers and firefighters.

"I'm overjoyed by it," Sgt. Rich O'Neill, president of the Seattle Police Officers' Guild, said of the ruling. "I think it sends a strong message to the city that officers and their families can hold the city liable."

The ruling involves both the case of firefighter Kevin Locke and that of Margaret Lindell, widow of Officer Gary Lindell.

Locke was a firefighter recruit who was hurt during a training class in June 2000. The training took place over the course of several warm days, and Locke, suffering the effects of heat stress, passed out while trying to carry a dummy down a ladder in a mock rescue and fell headlong to the pavement below. He was saved from landing on his head only by the quick actions of a firefighter who managed to strike Locke as he fell, causing him to land on his feet. Still, he broke several bones in his body and cannot work as a firefighter.

After his recovery, he was given a job in the Fire Department's dispatch center.

Locke successfully sued the city, contending that those in charge of the training class were negligent in part because they failed to ensure that recruits were adequately hydrated, which led to Locke's accident. In 2004, a jury awarded him $1.8 million.

Lindell, the widow of Gary Lindell, filed a lawsuit in February 2005 following his death.

Lindell had been a mounted patrol officer when, in May 1999, he was thrown from his horse and struck his head during training at the old facility used by Seattle police. He was never again able to work as a police officer. The department gave him a civilian position instead. He died in 2002 after suffering a seizure.

Margaret Lindell contends in her lawsuit that the city was negligent in its maintenance of the facility, in its training procedures and in its equipment. At the time, mounted officers wore cowboy hats instead of protective helmets. The case has been on hold pending this appeal.

After the firefighter won at trial, the city fought the jury's decision, but lost in the Court of Appeals. By the time they were ready to appeal that ruling, Margaret Lindell had filed her lawsuit.

The city challenged both lawsuits on the same grounds, arguing that the state law that allows such suits to be filed by police officers and firefighters violates the state constitution. It had hoped both cases would be dismissed.

The state Law Enforcement Officers' and Fire Fighters' Retirement System act specifically provides a "right to sue" provision, allowing them to sue for damages over the amount they get under workers' compensation.

But lawyers for the city challenged this provision, arguing that it violated the state constitution, which grants sovereign immunity to cities.

Thursday, the state Supreme Court ruled that there is no violation, and it upheld both the Appeals Court decision and that of the original jurors in Locke's case.

Calls to the City Attorney's Office were not returned Thursday.

Locke, who continues to be treated for pain associated with his injuries, said he was happy with the decision but will wait to see what the city lawyers do next.

"I'm just hoping someday it'll be over," he said.

The lawyer who represented Locke during his jury trial, said the city should quit fighting the courts on this matter.

"The city has fought Kevin the entire way," he said. "Hopefully, with this decision they'll get the message."

Wright Medical Subpoenaed

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3908 — Mon, 17 Dec 2007 08:00:00 EST

Wright Medical Group Inc. said Wednesday the Department of Justice subpoenaed nine years of records, bringing the medical devices company into a larger investigation over industry payments to doctors using orthopedic products.

The company said it was asked, through the U.S. Attorney for the District of New Jersey, for records relating to any consulting and professional service agreements with orthopedic surgeons dating back to 1998. The Justice Department is looking for possible payments made to doctors in exchange for the use of company products.

In September, five orthopedic device makers agreed to pay $310 million and accept federal monitors for an 18-month period to settle concerns over doctor kickbacks. The government started investigating the industry in 2005 over concerns companies paid doctors in order to favor their products.

Zimmer Holdings Inc. is paying more than half of the $310 million, with the rest coming from DePuy Orthopedics Inc., Smith & Nephew Inc. and Biomet Orthopedics Inc. Stryker Corp. was not charged because it cooperated with the government investigation before the others did. The companies will be monitored for 18 months and will require doctors to disclose all consulting agreements with patients. Companies also have to post the deals and amounts on their Web sites.

Wright Medical, which makes knee replacement systems and products for orthopedic surgeons, said it will fully cooperate with the Justice Department. The company said it is unsure how the investigation will impact its financial guidance.

Supreme Court Declines to Hear Viatical Settlement Cases

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3871 — Tue, 11 Dec 2007 08:00:00 EST

The Supreme Court declined Monday to rule on a case that tests whether states can regulate the sale of life insurance by policyholders to investors, a practice known as "viatical" or life settlements.

Under viatical settlements, individuals sell their life insurance policies for less than face value to third parties, including investors such as hedge funds, in order to realize an immediate cash benefit.

The policyholders are frequently terminally ill and need funds to pay for health care. The industry grew out of the AIDS crisis in the 1980s, but has since expanded beyond sick policyholders. An estimated $13 billion worth of life insurance policies were sold in life settlements in 2005, up from $5 million in 1989 and $200 million in 1998, according to court filings.

States began to regulate the practice in the early 1990s, due to concerns that terminally or chronically ill people are particularly vulnerable to unfairly low prices or fraud.

The case before the Supreme Court began when a Virginia resident lodged a complaint against a Texas-based company, Life Partners Inc., charging that the company paid her only 26 percent of the face value of her $115,000 policy. Virginia law required LPI to pay at least 60 percent to 70 percent, based on her life expectancy.

Life Partners sued to have the Virginia law declared an unconstitutional interference with interstate commerce. While state regulation of insurance is expressly allowed under federal law, Life Partners argued that they aren't in the insurance business, because viaticals are between policyholders and third parties.

Virginia officials responded that viaticals alter the parties to a life insurance policy, among other changes, and therefore are subject to state regulation. A federal district court judge agreed and rejected Life Partners' challenge. The 4th U.S. Circuit Court of Appeals, based in Richmond, Va. upheld that ruling.

The justices' refusal to take the case lets the appeals court's ruling stand.

Negotiations in Hate-Crime Bill Come to Halt

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3873 — Tue, 11 Dec 2007 08:00:00 EST

Yesterday House and Senate negotiators stopped a measure to expand hate-crime protections by removing it from a Pentagon policy bill now likely to pass both chambers with ease. The bill would have extended hate-crime protections to victims based on gender, sexual orientation or disability.

Negotiations on the defense authorization bill had bogged down, with House Democratic leaders worried that they did not have enough votes to pass the bill if it included the hate-crime measure. After the House formally balked at voting on the provision in a conference meeting, Senate Democrats vowed to bring up the measure again next year.

"At a time when our ideals are under attack by terrorists in other lands, it is more important than ever to demonstrate that we practice what we preach, and that we are doing all we can to root out the bigotry and prejudice in our own country that leads to similar violence here at home," Sens. Carl M. Levin (D-Mich.), chairman of the Armed Services Committee, and Edward M. Kennedy (D-Mass.), the sponsor of the hate-crime bill, said in a statement.

"After more than 10 years and several successful bipartisan votes, it is heartbreaking to fall short this close to the finish line," said Joe Solmonese, president of the Human Rights Campaign.

The House had already approved the hate-crime measure, but the Senate has not been able to move it as a free-standing measure, leading to Kennedy's attaching it to the defense authorization bill in September. The White House and congressional Republicans balked at attaching non-military issues to the defense bill, which sets policy issues and authorizes certain weapons programs.

House Democrats already faced a loss of support from many liberals in their caucus who would not support the Pentagon policy bill because it did not include withdrawal timeline provisions for the Iraq war. Now, without the hate-crime measure, the defense authorization will probably be approved easily, with a large number of Republicans in both chambers supporting it.

Ahead for Bonds: Courtroom Circus

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3874 — Tue, 11 Dec 2007 08:00:00 EST

On Dec. 4, 2003, Barry Bonds walked into a grand jury room on the 17th floor of the Philip Burton Federal Building here and gave three hours of testimony about his alleged steroid use.

Today, he returns to the building as the government begins its case to prove he committed perjury.

Bonds will appear this morning in front of U.S. Magistrate Judge Maria-Elena James and then U.S. District Judge Susan Illston in Courtroom 10, two floors above where he gave his original testimony.

Bonds, who faces four counts of perjury and one count for obstruction of justice, will be arraigned before James and then have a trial date set by Illston. The proceedings are expected to be short.

Bonds is expected to enter a not-guilty plea, then hear when U.S. vs. Bonds really gets started.

The scene inside will be limited to a small group of credentialed media members and citizens who line up early this morning to get one of the 30 seats available to the public. There will be no cameras inside the federal building, and Bonds' attorneys probably will do their best to keep Bonds from being seen entering the building.

How Bonds' attorneys handles today could be the biggest story of the hearings. Bonds' attorney blasted the prosecutors after the indictment was handed down last month. If he backs off accusations that the government has conspired against his client, it may be a sign he's ready to reach a deal with the prosecutors.

"One thing to watch is if they are still going to take this very aggressive adversarial tone about the prosecution that it's evil and all a big plot against Bonds." said a law professor at Golden Gate University who has followed the case closely. "That's what they've been saying up until now.

"If you see a more moderate tone taken by Bonds' lawyers, that's a tip-off that they want to talk to the prosecution and explore some things, possibly a plea bargain."

Bonds and his attorney had been interviewing attorneys to lead his defense, and late last night, the San Jose Mercury News reported Bonds had added two new attorneys to his legal team. The two new attorneys have extensive federal experience. Neither could be reached for comment late last night.

Illston will consider the defense's desires when making the trial date. Because the 43-year-old slugger still wants to play baseball, that may lead him to want a quick trial date.

Leona Helmsley's Dog Subject of Estate Lawsuit

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3875 — Tue, 11 Dec 2007 08:00:00 EST

The one-time diminutive canine companion of Leona Helmsley is being sued for allegedly attacking one of the late New York real estate mogul's ex-housekeepers.

Zamfira Sfara, 48, is suing the Maltese, to which Helmsley left $12 million in her will, for allegedly attacking her several times while in the hotel owner's employ, the New York Daily News reported Sunday.

In her suit, Sfara alleges that while working for Helmsley in 2004, the businesswoman's dog, Trouble, repeatedly mauled her.

Sfara previously targeted the canine with a 2005 lawsuit in which she alleged the dog had bitten her while working for the notorious hotel magnate. That lawsuit ultimately was thrown out of court.

The newspaper said that while awaiting the outcome of the most recent lawsuit, Trouble will continue to enjoy the pampered life in Florida.

The little dog enjoys meals prepared by a gourmet chef and regular grooming under the watchful eye of security experts, all at the cost of $300,000 a year.

Supreme Court to Hear Wal-Mart Discrimination Suit

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3876 — Tue, 11 Dec 2007 08:00:00 EST

An Arkansas woman who claims Wal-Mart Stores Inc. discriminated against her after she became disabled has successfully appealed her case to the Supreme Court.

The justices said Friday they would rule on a lawsuit by Pam Huber, who remains a Wal-Mart employee. The case centers on how far employers must go under the Americans with Disabilities Act to accommodate disabled employees.

Specifically, the dispute is over whether Wal-Mart was required to provide Huber with an equivalent position after she could no longer perform her job due to disability, or whether the company simply had to allow her to compete for an equivalent job.

Huber's lawyers argued in court filings that the federal appeals courts have split on the issue and asked the justices to resolve the split.

Huber was an order filler in a Wal-Mart distribution center in Clarksville, Ark., earning $13 per hour, when she was hurt in April 2001 in an on-the-job accident. The company agreed she was disabled and no longer able to perform her current job.

Huber applied for a new job as a router, which paid $12.50, but the position was given to another employee Wal-Mart considered more qualified. Huber was offered a janitorial position that paid $6.20 an hour, her lawyers said in court papers.

Huber sued in June 2004, arguing that under ADA rules, she only had to be qualified for the equivalent position, not the most qualified, and should have been reassigned to the router job.

Wal-Mart said in court papers that the job went to the most-qualified candidate under a "standardized, legitimate, and non-discriminatory" process that is allowed under ADA rules.

A federal court in Arkansas sided with Huber, but the 8th U.S. Circuit Court of Appeals, based in St. Louis, reversed and ruled in favor of Wal-Mart.

The ADA "only requires Wal-Mart to allow Huber to compete for the job, but the statute does not require Wal-Mart to turn away a superior applicant," the appeals court said.

A phone call to Wal-Mart seeking comment wasn't immediately returned.

Justice Stephen Breyer, who owns Wal-Mart stock, recused himself from the decision.

The case will be argued before the court next year and decided by July.

Three dead on Aiken County roads

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3866 — Mon, 10 Dec 2007 08:00:00 EST

AIKEN, SC-- A deadly weekend on Aiken County roads has now brought the year's death toll to 43. Two separate accidents early Saturday morning left three people dead. The first crash happened on Rainbow Falls road in Graniteville. 23-year-old Christopher Pritchett of Warrenville was killed when he crashed into an embankment around 2:00 am. He was ejected into the backseat and was pronounced dead at the scene. Two more people died after a fiery car accident in the city of Aiken. For more information, follow the link below.

New Research: Diabetes Drug Avandia May Increase Chances of Osteoporosis

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3830 — Tue, 04 Dec 2007 08:00:00 EST

New research has raised concern that long-term treatment of Avandia, also known as rosiglitazone, could lead to osteoporosis. The popular diabetes drug may increase bone thinning, a discovery that can help explain why diabetics can have an increased risk of fractures.

The Howard Hughes Medical Institute and the National Institutes of Health funded the research.

Avandia is taken to improve response to insulin. Even though bones appear solid, they are constantly being broken down and rebuilt by the body. Researchers found that in mice, Avandia increased the activity of the cells that degrade bones.

GlaxoSmithKline, which markets the drug, has acknowledged that a former study found a higher risk of fractures among women who take the drug. But this report is the first to attempt to explain the link between the drug and fractures. Researchers claim that the finding has led to a better understanding of the challenges associated with long-term treatment of patients with Type II diabetes.

Avandia recently was labeled with warnings about the risk of heart failure in some patients.

Nearly 21 million people in the United States have diabetes. Avandia is widely used in people with Type II, or adult onset diabetes, the most common form of the disease.

Toyota Recalling 49,000 Lexus Cars

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3831 — Tue, 04 Dec 2007 08:00:00 EST

Last Thursday, Toyota began recalling 264,000 luxury passenger vehicles over faulty fuel pipes including 49,000 flagship Lexus cars sold overseas.

The recall includes Lexus models produced in Japan in 2005 and sold overseas, and Lexus, Mark X, and Crown models sold in Japan, according to a Toyota Motor Corp. spokeswoman. Faulty fuel pipe design on the recalled models could cause cracks and corrosion and lead to a fuel leak, according to a notice filed with the Transport Ministry.

In the United States, 26,274 Lexus GS300, 5,429 Lexus IS250, and 2,640 Lexus IS350 vehicles are being recalled. The recalled models were exported from Japan and the same models were also being recalled in Canada, England, and Germany.

There have been 39 cases of trouble within Japan but no reports of injuries, according to the Transport Ministry. It was not immediately clear whether any problems have been reported elsewhere.

The Japanese automaker has been hit with quality control problems in recent years, as it ramps up production to meet booming demand. Toyota has promised to beef up quality checks.

Avandia Given Black Box Warning by FDA

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3789 — Sat, 01 Dec 2007 08:00:00 EST

Avandia, the widely used diabetes drug manufactured by GlaxoSmithKline PLC got a new warning label Wednesday telling patients that it may, or may not, increase the risk of heart attacks.

Thus far, studies by the Food and Drug Administration have been too contradictory to tell if Avandia really is riskier than other Type 2 diabetes medications.

Still, the FDA put the controversy in a black box on the drug's label — the most severe warning the agency can require — at the behest of its scientific advisers, while it awaits further research to settle the issue.

Further complicating the new warning label: Patients may need a medical dictionary to interpret it. The warning says that Avandia may be associated with "myocardial ischemic events such as angina or myocardial infarction." In layman's terms, that's chest pain or a heart attack.

Avandia was FDA approved in 1999 and millions of Americans take the drug to help control their blood sugar levels. Avandia helps sensitize the body to insulin and was considered a breakthrough medication for blood-sugar control. Avandia contains rosiglitazone, which is part of the class of prescription drugs called called thiazolidinediones (TZDs). It helps the body use the insulin that it already manufactures. Avandia makes it possible for the insulin the body produces to move glucose out of the bloodstream and into the cells where it's needed for energy.

Type 2 diabetics who also have heart disease or are at high risk for it should talk with their doctor about Avandia's potential risk as they decide among treatment options, the FDA advised.

GlaxoSmithKline PLC has agreed to begin a major new study comparing that drug to another active blood sugar-lowering medication to better understand if there is a risk.
About 1 million Americans with Type 2 diabetes use Avandia.

Illinois Mother Suing Drug Maker over Infant's Death

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3790 — Sat, 01 Dec 2007 08:00:00 EST

Dimitria Alvarez of Bloomington, Ill., has filed suit against McNeil-PPC Inc., maker of Infant Tylenol Cold Decongestant Plus Cough, and Walgreen Co., retailer of Infant Tylenol drops and Walgreen's Pediatric Drops-Cough Plus Cold. She claims her infant son, Devon, died in 2001 after he was given Infant Tylenol Drops and Walgreen's Pediatric Drops at the recommendation of the family's pediatrician.

The cause of death was dextromethorphan intoxication. Devon's family says they were told later that Devon's body could not metabolize one of the key ingredients found in many infant cold and cough medicines.

The lawsuit filed in Lake County Circuit Court is one of the first since Federal Drug Administration hearings last month at which health experts testified that parents should not give children younger than 6 such medicines because they don't work and can be harmful.

In August, federal health officials recommended the "consult your physician" advice to parents on the labels of cold and cough medicines aimed at young children be replaced by a warning not to use the medications in children under 2 unless directed to do so by a health care provider.

The lawsuit says that McNeil and Walgreen should have known of the hazards of dextromethorphan, that the two medicines had never been tested for use by infants and that there had been deaths associated with the ingredient.

Latest Chinese Recall: Children's Storage Racks

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3791 — Sat, 01 Dec 2007 08:00:00 EST

Some 36,000 Chinese-made children's storage racks in the United States were recalled after a baby was suffocated by an overturned rack, the U.S. Consumer Product Safety Commission said on Friday. The storage racks were being sold at Wal-Mart.

The wooden storage rack, manufactured for Irving, Texas-based Jetmax International Ltd, has three levels and nine removable canvas totes, the safety agency said. One model has red, blue, yellow and green canvas totes, and another model has pastel-colored canvas totes.

The recall was prompted after an 8-month-old boy suffocated after he pulled on a storage rack and it fell over on him, with the top rail landing on his neck.

The storage rack organizers were sold at Wal-mart under the brand "Home Trend Kids" from August 2004 through July 2005 for about $40, the agency said. The product was also sold at Ollie's stores from July 2006 through June 2007.

Consumers should immediately stop children from using the recalled storage racks and contact Jetmax International to receive a free repair kit that adds stability to the base of the rack, the agency said.

Dietary Supplement Encore Recalled

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3793 — Sat, 01 Dec 2007 08:00:00 EST

Bodee LLC and the FDA notified consumers and healthcare professionals of a nationwide recall of Encore Tablets, a dietary supplement sold in health food stores, via the internet and by mail order nationwide and in Canada.

The product was recalled because it contains potentially harmful, undeclared ingredients. One lot of the product contained aminotadalafil, an analog of tadalafil, the active ingredient of a FDA-approved drug used for Erectile Dysfunction. The undeclared chemical poses a threat to consumers because it may interact with nitrates found in some prescription drugs (such as nitroglycerin) and may lower blood pressure to dangerous levels.

Consumers who have this product should stop using it immediately and contact their physician if they have experienced any problems that may be related to taking this product.

Lawsuits Filed in Bluffton University Baseball Crash

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3794 — Sat, 01 Dec 2007 08:00:00 EST

On March 2, 2007, a charter bus carrying members of the Bluffton University baseball team to spring training in Florida fell off an overpass in Atlanta. Five students, the bus driver and his wife were killed. Twenty-eight others were injured.

Now, attorneys want a federal court to decide if the members of the team involved in the crash are entitled to insurance money. A lawsuit filed on behalf of Bluffton University's players and coaches seeks to confirm the bus driver and the busing company were covered in the March accident.

The October filing in the U.S. District Court claims that the bus company and driver were insured under policies issued to the university and the injured victims are entitled to recover damages. The lawsuit also states that the insurance companies-- Hartford Fire Insurance Co., American Alternative Insurance Corp., and Federal Insurance Co. -- have not recognized the driver or company as being covered under estimated policies. Representatives of all three insurers said they could not comment on the lawsuit.

A separate lawsuit against the company that made the bus, the university, the city of Atlanta and the company that provided the bus and driver to the team, has already been filed by the mother of one of the deceased players seeking unspecified damages.

Investigators claim that the bus driver may have mistaken an exit ramp for a highway lane, but the National Transportation Safety Board has not made any finding on the crash's cause. The board's final accident report is expected next spring.

Paralyzed Teen Getting Off Ventilator?

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3796 — Sat, 01 Dec 2007 08:00:00 EST

The parents of a Satsuma High School football player, paralyzed in a car crash, are optimistic their son will be taken off a ventilator soon. Joseph Toomey was airlifted to Atlanta on Tuesday, one week after he was paralyzed from the chest down in a car crash. For more information, follow the link below.

Thanksgiving deadly on Georgia roads

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3797 — Sat, 01 Dec 2007 08:00:00 EST

Traffic crashes killed 26 people in Georgia during the Thanksgiving holiday period between Wednesday and Sunday nights, with six of the deaths happening in Southwest Georgia, according to the Georgia State Patrol. For more information, follow the link below.

Appropriate care difficult to find for brain injury victims

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3798 — Sat, 01 Dec 2007 08:00:00 EST

Room 491, where Ben Fuller lives, has filled with family. Fuller's parents and older brother are there. His son, Logan, romps about the Floyd Medical Center room, crawling under furniture and playing with an inflated medical glove. For more information, follow the link below.

Georgia court sides with doctor in med-mal case

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3799 — Sat, 01 Dec 2007 08:00:00 EST

ATLANTA - Georgia's Supreme Court rejected a challenge to a state malpractice law Wednesday that argued it treated medical malpractice cases differently than other professional malpractice claims. Plaintiff Kay Nichols claimed the law bars only medical malpractice claims that occur more than five years after the negligent act, not other types of malpractice claims, violating the equal protection clauses of the U.S. and state constitutions. For more information, follow the link below.

Cart, car crash injures worker

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3800 — Sat, 01 Dec 2007 08:00:00 EST

TIFTON — A Tifton man is in critical condition after the golf cart he was driving was struck head-on at Abraham Baldwin College, police officials said. Jack Larry, a custodial supervisor with Sodexho — a company contracted by the state university to provide maintenance duties — is in critical condition at the Medical Center of Central Georgia after a Tuesday-morning crash. For more information, follow the link below.

Thoughts of 'what if' follow teens' horrific wreck

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3801 — Sat, 01 Dec 2007 08:00:00 EST

Emergency workers rolled up on a sickening sight last weekend - five boys thrown from a wrecked car, all sprawled on Jefferson Road. Two of the boys died, two were seriously hurt and the 14-year-old driver is in jail on vehicular homicide charges. For more information, follow the link below.

Boys were 'like family'; wreck kills teen, 1 charged

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3802 — Sat, 01 Dec 2007 08:00:00 EST

The two boys donned boxing gloves when they met for the first time a few years ago and became fast friends after duking it out in their northern Athens apartment complex. For more information, follow the link below.

East Hall wreck victims identified

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3803 — Sat, 01 Dec 2007 08:00:00 EST

GILLSVILLE - Authorities Tuesday morning identified the two Lula men who were killed in a wreck on Gillsville Highway Monday night. According to Trooper Thompson of the Georgia State Patrol, Hugh William Moon, 34, and William Anthony Standridge, 30, were in a minivan that left the road in a curve near Georgia Highway 52.

Taser should not be first police tool

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3804 — Sat, 01 Dec 2007 08:00:00 EST

Since Tasers were introduced as a law enforcement tool less than 10 years ago, their popularity among police agencies has grown enormously. An estimated 12,000 departments nationwide have made them standard issue. In Georgia, Gwinnett County has become ground zero in the use of Tasers as a "nonlethal" method of confronting and subduing suspects. Last week, Gwinnett police leveled a 50,000-volt charge into a handcuffed, 14-year-old trick-or-treater who continued to be unruly while being held by two officers. For more information, follow the link below.

Orion sues Sun Pharmaceuticals to Protect Drug Patent

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3718 — Fri, 16 Nov 2007 08:00:00 EST

FDA Issues Advisory of CellCept

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3693 — Fri, 09 Nov 2007 08:00:00 EST

Supreme Court to Hear Exxon Valdez Case

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3694 — Fri, 09 Nov 2007 08:00:00 EST

Novartis Sued for Withholding Tasigna Research

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3695 — Fri, 09 Nov 2007 08:00:00 EST

Georgia man injured in car accident Sunday

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3620 — Thu, 25 Oct 2007 08:00:00 EST

A Georgia man was injured when his pickup truck crashed into a tow truck in the median of Interstate 75 on Sunday. Billy Fleming, 23, of Woodstock, Ga., was northbound on I-75 a mile south of State Road 200 when he apparently lost control of his Chevrolet S-10 at 5:45 p.m. The truck spun into the median, where the rear of the vehicle struck a tow truck that was stopped in the median after picking up a vehicle, according to Florida Highway Patrol reports.

One dead, two injured following two-car crash

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3621 — Thu, 25 Oct 2007 08:00:00 EST

MELDRIM - One person was killed and two others were injured following a fiery Tuesday morning two-car accident at the intersection of U.S. 80 and Sandhill Road in southern Effingham County. The unidentified victim was killed after his GEO Tracker collided head on with a Pontiac Aztek shortly before 2 a.m., said Robert Scott of the Georgia State Patrol. For more information, follow the link below.

2-Year-Old Suffers Bleeding on the Brain After Assault

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3602 — Mon, 22 Oct 2007 08:00:00 EST

Because a 2-year-old was acting like a 2-year-old, it has bleeding on the brain from repeated punches. Twenty-year-old Juan Arreola pleaded guilty to two counts each of endangering the welfare of a child, reckless endangerment and simple assault according to Associated Press reports.

While caring for his girlfriend's son, he allegedly kicked the boy, squeezed his face and then punched the infant in the head. After the punching episode, the mother brought the child to the hospital. The boy had severe bruises on his face and back.

When Northampton County (Pa.) Judge F.P. Kimberly McFadden asked Arreola if that's how he regularly treated 2-year-olds, the defendant replied: "I was working till midnight. I'm not a morning person." McFadden then asked, "You're going to look at me straight in the face and say 'I'm not a morning person,'?" she asked.

The judge ordered Arreola to undergo psychological and psychiatric evaluations and set sentencing for Dec. 14. The maximum penalty is a Pennsylvania state prison term of more than 20 years.

Press Release: Medtronic Halts Sales of Defibrillator Wires After 5 Die

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3592 — Thu, 18 Oct 2007 08:00:00 EST

Link Suspected Between Acute Pancreatitis and Byetta

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3593 — Thu, 18 Oct 2007 08:00:00 EST

Co-Defendant to Testify Against O.J. Simpson

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3594 — Thu, 18 Oct 2007 08:00:00 EST

Social Security Database Full of Errors

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3595 — Thu, 18 Oct 2007 08:00:00 EST

"Racing Rage" Claims Three More Lives in California

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3561 — Fri, 12 Oct 2007 08:00:00 EST

Senseless "racing rage" between two young men in the Los Angeles suburb of El Monte October 11 left a mother and her two children dead and a husband wondering what to do with the rest of his "empty" life.

Father Lost Everything He Lived For

"It's the worst day of your life, times three," said Stephen Groce, his filmy, hazel eyes fixed on the floor. "I'm a 44-year-old guy...you don't have a lot else to look forward to."

Authorities believe the mother, 41-year-old Dora Groce died on impact from the broadside smash. It's believed her two children – 4-year-old Catherine and 8-year-old Robert – might have burned to death in their seats.

"It was a fierce crash," said El Monte Police Detective Ralph Batres. "The explosion that resulted was immense."

Groce's car was heaved 50 feet after the crash and wound up a charred piece of twisted metal no one could recognize. Five other people were injured when several cars nearby were struck by the racing vehicles.

If Convicted, Teen-age Motorist Could Face Life in Prison

El Monte police identified the speeding drivers as Robert Canizalez, 19 and Martin Morones, 21. Canizalez, driver of the Mustang that crashed into Groce's car, was arraigned in L.A. Superior Court and charged with three counts of murder. Bail was set at $3 million. If convicted, Canizalez could face life in prison. Morones is at large and charged in abstentia with three counts of murder and one count of felony hit-and-run. He abandoned his Honda one block from the crash.

Ironically, both men live in the same, mobile-home park as the Groces. Stephen Groce said he knew neither young man.

He was returning home from his job as a U.S.D.A. inspector when he carefully drove around the crash scene near his home. Not until he pulled into the park did neighbors tell him to talk to police. "This was a disaster waiting to happen," he said. "I just didn't know it was going to happen to me."

Sixteen people now have died from drag racing incidents in California this year.

Wrongful Death Suit Filed Against Washington, D.C. Police Department

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3556 — Thu, 11 Oct 2007 08:00:00 EST

The FBI and U.S. Attorney's Office now are in charge.

In a fervent wrongful death case in the Nation's Capital, the attorney for the deceased and D.C.'s Metropolitan Police Department (MPD) agree on nothing surrounding the death of a teenager.

Teen Died from Gunshot to Back of Head

Determined is 14-year-old Deonte Rawlins died of a bullet to the back of his head. As of this week, family attorney Gregory Lattimer filed a $100 million, wrongful death lawsuit against the MPD.

"This is as close to official murder as one can get," Lattimer told WRC-TV, the NBC affiliate in Washington.

Authorities said on September 17, two off-duty officers in plain clothes responded to a report that one of their homes was burglarized.

MPD Chief Cathy Lanier said two officers drove around looking for the alleged stolen item -- a mini bike. The officers saw a teen on a mini-bike in the 600 block of Atlantic Street SE and approached in their civilian vehicle.

Police Allege Teen Fired First

"When the officer pulled up next to the decedent on the mini-bike, the decedent opened fire three times, striking the officer's vehicle while the officer was still inside. The officer returned eight shots did not have time to identify himself," the chief said.

Not so, said Lattimer. And he has three witnesses to support him. "There was no gun in the hands of Deonte Rawlins," Lattimer said. "Deonte Rawlins never fired a weapon. Deonte was trying to get away. He was running."

Lattimer said one of his witnesses was running away with Deonte when officers fired. The attorney hasn't said police are lying but he's implying a cover up.

"The police didn't release the autopsy report," Lattimer said. "Nobody told us about this boy being shot in the back of the head. Nobody told us about these bruises. They won't even tell us about this mini-bike they supposedly found. What about this gun? Where is this gun? What about all the evidence they supposedly have? Where is it?"

Lattimer also contends James Haskel, the officer who shot and killed Rawlins, had previous encounters with the youth, harassing him about alleged drug activity and shootings in the area.

Rawlins' father maintains his son did not have a gun and said someone else fired the shot that pierced the officer's sport utility vehicle. Neighbors in the Condon Terrace community said there were 20 teenagers in the area when the officer fired.

The autopsy report showed Rawlins was shot in the back of the head. The report revealed Rawlins had cuts, bruises and blunt-force trauma to the left side of his face, shoulders and back.

Autopsy Found No Gunpowder on Decedent's Fingers

"Those injuries [from the autopsy] are consistent with only two things -- either the officers physically assaulted him or he was hit and dragged by a vehicle," Lattimer said. "Those are the only two things that would justify the injuries Deonte suffered."

The autopsy report revealed no gunpowder residue on the decedent's fingers, which would signify the firing of a gun.

The officer who fired the shots is a 22-year veteran assigned to the department's special operations division. The accompanying officer is a 19-year veteran with the training academy.

Iron Worker Files Suit After Fall Through Open Roof Section

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3547 — Wed, 10 Oct 2007 08:00:00 EST

An iron worker backpedaling while carrying heavy equipment, fell 25 feet through a hole in the roof of a Wal-Mart Supercenter under construction in southern Illinois, according to the Madison County Record.

Jay Jeffers has filed a $100,000 personal-injury lawsuit against the project manager, Brinkmann Constructors as well as subcontractor Bell-O Sales and Services. The accident happened June 21 in the town of Belleville, Il.

Roof Was Cut Open for HVAC Equipment

The roof opening had been cut to accommodate HVAC equipment but Jeffers said there was no warning to workers. Jeffers was helping carry a 20-long section of angle iron with another worker when he inadvertently stepped through the roof deck opening. While he fell, Jeffers struck metal roof bracing before landing on the ground, according to the lawsuit.

Jeffers, who was employed by Rednour Steel Erectors, claimed the opening was not adequately covered by barricades or warning tape.

The suit stated, "The plaintiff has suffered permanent disability and disfigurement and has sustained a loss of enjoyment of his life." He is seeking in excess of $100,000 in damages.

Michigan Teacher Sustains Brain Injury After Crashing Head-First into Bleachers

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3551 — Wed, 10 Oct 2007 08:00:00 EST

An Upper Peninsula Michigan teacher is in critical condition after falling in the school gymnasium during a homecoming activity. The Rapid River High School teacher was participating in hockey match between school seniors and faculty when he tripped and crashed head-first into the base of the wooden basketball bleachers.

Mike Winkowski, who teaches business education at Rapid River, remained in intensive care at Marquette General Hospital.

"He tripped and fell head first and hit the base of the bleachers. It was just a freak accident," School Superintendent Terri Mileski said.

Winkowski was transported to St. Francis Hospital for preliminary tests before being transferred to Marquette, where he underwent seven hours of surgery.

"It just shows you how things can change in a heartbeat," Mileski commented. "It just shows you life is fragile."

Son Heard Hospital Officials Mention "Paralysis

Winkowski's son, Jarrett said, "Dad was running for a ball and tripped and fell head first into the bleachers. He never lost consciousness, but on arrival at the hospital, they said he was paralyzed from the waist down. He did have function of his hands and shoulders. He was in a lot of pain then, but still managed to be his same witty self."

Reports were that Winkowski fractured a bone in his upper spine but did not sever his spinal cord.

Roadside Memorials: Hallowed or Hazardous?

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3552 — Wed, 10 Oct 2007 08:00:00 EST

In this information age, there are symbols for everything, everywhere. Stop at a red light and you're "head-ached" with stickers – not just on the bumper – from the car in front of you. "My kid is an honor roll student at ..." is common. If someone has a pet, there is a decal signifying what type. If one owns beach property, there are acronyms telling all just where the hideaway exists. License plates are fair game too and the mixed bag of numbers and letters are a phonics-frenzy game for some.

Information Age Fosters Symbols for Any Message

In tragedy, there are signs as well. It's commonplace to see wreaths and flowers along the road or against a tree, where someone has lost their life. "Makeshift memorials" have become the standard-bearer for motorist-related fatalities. Watch a television newscast and it's the first thing "on camera" as an on-air personality walks reverently on the site with a microphone and muted voice.

However, "makeshift memorials" aren't just for the grieving. Drivers take their eyes off the road to notice them. Those stopped at a light stare at them, trying to make out the name where the marker's ink has run in the rain.

They've become hazards, which could cause another tragedy at the memorial, itself. Oftentimes, they're situated at the base of a large tree, where a vehicle had impacted. Passing motorists focus on teddy bears and signs while trying to negotiate the same hairpin curve in the road. Usually, the accident site appears without warning, just as it might have during the fatal accident.

Roadside Memorials – Hallowed or Hazardous?

The debate on the memorial's hazards pit surviving relatives and friends against police, road engineers and "disconnected" motorists who want them removed. It's a sensitive issue without a governing law.

John P. Medeiros, who lost his 20-year-old son in a Rhode Island car accident in April 2002, gets "very upset" hearing people complain about roadside memorials, according to EastBayRI.com. "People have to put themselves in our position to learn what we lost and what it means," said the high school gym teacher.

There have been only two cases when the Rhode Island Department of Transportation asked a family to remove a memorial for safety reasons, according to Dana Alexander Nolfe, department spokeswoman.

"It's an issue we're very aware of and we need to be sensitive. Right now we're handling it on a case-by-case basis. So long as it's not a safety issue and it's not a danger to drivers, we tend to leave them alone," she said.

Tiverton (R.I.) Police Chief Thomas Blakey said it's a "very delicate subject" and sympathizes with families who've lost loved ones in car accidents. "Yet I see them along main highways, and it leads me to wonder whether they're distracting to drivers sometimes," he said.

Blakey said long-term memorials should be located in safe areas, away from drivers. "I understand the respect they're trying to bestow, but there are some elaborate ones out there now," he said.

In Barrington, Police Chief John LaCross could recall only one occasion when police removed a memorial. LaCross also said memorials serve a good purpose. "Sometimes it's a reminder for people to exercise caution, slow down and wear safety belts." he said. "But if it's a location that poses a traffic hazard where there is no shoulder or the ability for people to pull off, there shouldn't be a memorial that could potentially cause a second accident," he added.

Father Ties Up Daughter, Forces Her to Swim in Chilly River

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3531 — Sat, 06 Oct 2007 08:00:00 EST

If this isn't "cruel and unusual punishment" or even "personal (mental) injury," then what would be? Thank the Chinese paparazzi in Beijing for presenting all the evidence a jury would need to convict. Accompanying a FOXNews.com report was a photograph of a father, hoisting a whimpering and exhausted 10-year-old girl from the chilly waters of a Chinese river. Look closely and you'll notice strings dangling from the girl's wrists and ankles.

Dad Ties Up Daughter for Chilly Swim

In extreme vicariousness, a father tied together the hands and feet of his 10-year-old daughter and forced her to swim for three hours. Why? To train for the Olympics, of course, which are to be held in China next year.

He said this "training" would help the girl achieve "her" dream of swimming across the English Channel. Of course, the girl has not publicly spoken on "her" wishes or reaction to the training regimen.

Huang Li swam more than a mile in the Xiang River in late September. The father was "kind enough" to let her swim with the current. However, she had to swim by moving like a dolphin, sometimes paddling with her bound hands.

Huang Daosheng, lacking the credentials of a swimming coach, let alone a father, said, "Her swimming skills are perfect and she insisted on doing this," he told FOXNews.com. Daosheng said his daughter got the idea after seeing similar training on television.

Upcoming Olympics Spurs Extreme Training

Sadly, this wasn't the only instance of "Chinese Dads Gone Wild." Earlier this summer, 8-year-old Zhuang Huimin ran over 2,200 in 55 days. During this "fun run," her father rode behind her in a motor scooter he didn't have to peddle.

After that "Polar Bear Dip," 10-year-old Li's face was so chilled, it was blue, reported one Chinese newspaper.

But since she's such an adept swimmer (is that with or without her extremities bound), dad wasn't concerned. "It's not dangerous because, first, her swimming skills are really good and second, I was swimming with her, staying close to her," he said. "I had her when I was 35, so she is my heart. I would never play around with her life." Does he not consider possible hyperventilating, cramping, fatigue or drowning "playing around?"

It is reported that budgetary restraints prohibit the father from hiring a skilled coach. Hopefully, there's insurance for neglect, personal injury or wrongful death.

http://www.foxnews.com/story/0,2933,299262,00.html

Drunk Driver Slams Police Cruiser into DeKalb County Officer

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3490 — Mon, 01 Oct 2007 08:00:00 EST

A DeKalb County policeman who was struck by a vehicle in a chain-reaction and lost consciousness is recovering at Grady Memorial Hospital in Atlanta, reported the Atlanta Journal-Constitution (AJC).

Officer Lucky to Be Alive in Near Miss

Dwight Green, a two-year veteran of the police force, had stopped on the shoulder of Interstate 295 to check an abandoned vehicle. A drunk driver behind the wheel of a sport utility vehicle left the road and struck the police cruiser, which was pushed into Green, forcing him to the pavement, where he passed out. The incident happened on September 29, near the intersection of Peachtree Industrial Boulevard and I-295.

An off-duty Barrow County Sheriff's deputy arrived at the scene and used Green's radio to call for assistance. Green later was listed in good condition.

The driver of the SUV -- 54-year-old Daniel Hariston -- was hospitalized at Atlanta Medical Center with non-life threatening injuries, according to the AJC. Police charged him with DUI, reckless driving, following too closely and violating Georgia's new "move-over law." That law requires motorists to slow down and change lanes if they see a patrol car in the adjacent lane.

Co-Pilot Suffers Facial Cuts After Bird Collides With Atlanta-bound Jet

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3474 — Sun, 30 Sep 2007 08:00:00 EST

The co-pilot of an AirTran Airways jet bound for Atlanta suffered facial cuts from flying glass after a bird collided with the plane's windshield. The Boeing 737 returned to Philadelphia International Airport without incident. Neither the pilot, other crew or passengers were injured during the mid-air mishap.

Air Tran Flight 47 carrying 143 passengers had been airborne 10 minutes when the right-side windshield was shattered by the bird, the Federal Aviation Administration said..

Teen Under Influence of Marijuana Charged With Vehicular Homidice in Macon

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3447 — Thu, 27 Sep 2007 08:00:00 EST

Brittany Guthrie was indicted by a Bibb County grand jury Sept. 24 and charged with vehicular homicide in the death of Barnesville resident James Alvin Williams last December outside Macon.

The Bibb County District Attorney's office reported the 19-year-old also was indicted on charges of serious injury to Williams's wife, Blanche, who suffered a broken pelvis, shoulder and ribs in the fatal accident. Authorities said Guthrie was under the influence of marijuana at the time of the fatal crash.

The 79-year-old Williams and his wife were traveling in their van when struck by Guthrie's Toyota Corolla, according to The Macon Telegraph Newspaper. Williams' family owns funeral homes in Barnesville, Milledgeville and Gordon. Police said the wreck sent both vehicles into another lane of traffic where they collided with another van driven by 57-year-old Henry Stubbs.

Marijuana or Cannabis, is classified as a hallucinogen since tetrahydrocannabinol (THC) is its biologically active chemical compound.

Marijuana Possession Can Be a Felony in Georgia

According to the Georgia Criminal Defense Lawyers' website, possession of less than an ounce of marijuana is a misdemeanor. But possession of less than an ounce can bring a felony conviction if the possessor intended to distribute the drug.

Possession of more than an ounce with intent to sell, grow, or intend to distribute any quantity of marijuana can bring up to a 10-year prison sentence in the state. Misdemeanor marijuana convictions can result in a driver's license suspension for six months.

http://www.macon.com/149/story/139895.html

Fatal car accident in Worth County

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3415 — Wed, 19 Sep 2007 08:00:00 EST

Worth County -- A 51-year-old man was killed when his car was struck by another vehicle on Georgia Highway 112 in Worth County. The accident took place around 9:30 Saturday morning. For more information, follow the link below.

Woman Killed In I-85 Accident In Anderson County

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3388 — Fri, 14 Sep 2007 08:00:00 EST

An Atlanta-area woman is dead after she was hit by an SUV on Interstate 85 while she tried to catch her dog. The Anderson County Coroner says Lou Ellena Hudgins, 68, of Dunwoody, Georgia was killed after she pulled her car over on northbound I-85 near the 26 mile marker at 10:45pm Thursday night. For more information, follow the link below.

Two-Year-Old Dies at Daycare Center

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3332 — Fri, 31 Aug 2007 08:00:00 EST

WALB-TV in Albany reports two-year-old Jamerson Goodman died after stepping on the bottom of a metal stand which held a television, VCR and DVD player, causing the equipment to fall over and crash onto him at the Pine Street Church of God Daycare in Douglas.

The boy was taken to Coffee County Regional Medical Center, where he was pronounced dead. His funeral is Sunday at the McLean-Litman Funeral Home in Douglas.

The Department of Family and Children Services and the Douglas Police Department are investigating.

Unbeknownst to the mother, Kimberly Wright, she said her final goodbye to Jamerson that morning when she dropped him off on her way to work. At 3 p.m., she received the call saying he had been injured and was on his way to the hospital.

http://www.walb.com/Global/story.asp?S=7007619&nav=5kZQ

Suspended Gate Hits Woman in Head Causing Brain Injury

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3292 — Thu, 30 Aug 2007 08:00:00 EST

A woman who sustained a brain injury after being struck by a suspended wooden gate at a Surrey, Canada lumber store was awarded $3.7 million by the British Columbia Supreme Court. Jessica Whetung will receive $538,000 for lost wages, $250,000 in damages and $67,500 in trust. She will also receive an award of $2.837 million for future care. She sustained the injury in spring, 2001 and her case has been in court since.

Gash on Head Led to Neurological Condition

The 31-year-old shopper was exiting the store when the gate crashed downward, hitting her in the head and also clipping another shopper in the shoulder. The court judgment said Whetung "likely never will work again after the gash on her head at the Revy Home Centre led to dystonia, a neurological condition which contorted the right half of her body into a frozen posture."

Three doctors testified in court the damage to her head, not a shoulder injury sustained on the ski slopes, led to a continually worsening condition that resembles Parkinson's Disease. Whetung is employed as a ski instructor. "She walks with a cane and has difficulty getting into bed," said her attorney, Robert Gibbens. "She has spasms, and she literally has no control."

Gate Has History of Falling

This wasn't the first time the gate has crashed onto shoppers. A store yard worker was hit twice by the gate but sustained no injuries, the court heard. "The gate arm was a known hazard and the close proximity of the gate to the display of bulk goods clearly put customers at risk," B.C. Supreme Court Justice William Grist said.

The owners of Revy at the time, West Fraser Real Estate Holdings Ltd., admitted negligence but attempted to argue the incident was partially because Whetung didn't appreciate the danger of the gate. But Justice Grist disagreed, saying no customer could be expected to anticipate the danger. "Customers seeing the products on display would often, as here, have been unaware the gate arm would come down as it did, with considerable force and without warning," he wrote.

The gate is still in use at the Revy, now a Rona Home Centre, but products for sale have been moved away from the gate. Whetung wants to use her case to raise awareness for dystonia, said Gibbens. "There are other people out there who may be suffering," he said.

http://www.canada.com/vancouversun/news/story.html?id=509295df-321e-4035-94c3-711938b45a51

Former DeKalb Sheriff Confesses to Arranging Killing of Successor

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)3224 — Fri, 17 Aug 2007 08:00:00 EST

Former Dekalb County Sheriff Sidney Dorsey has confessed to the killing of sheriff-elect Derwin Brown. District Attorney Gwen Fleming met with Dorsey in July where the former elected official admitted to ordering the hit on his successor. At that meeting, Dorsey said after an August 2000 runoff-election, he wrote a note telling former sheriff's deputy Patrick Cuffy to kill his rival. Dorsey said Cuffy responded with a note saying, "We are way ahead of you."

Dorsey told the district attorney he later tried to call off he hit. He said he was despondent over sexual harassment allegations and a troubled marriage. His rival ran a campaign on "cleaning up corruption in the sheriff's office." Brown was shot to death days before taking office.

Co-conspirators Granted Immunity for Testimony Against Dorsey

Cuffy admitted participation in the killing but testified for the prosecution. Cuffy and Paul Skyers each were granted immunity for their testimony. Two others -- Melvin Walker and David Ramsey -- were sentenced in November 2005 to life in federal prison for their part in the murder. Dorsey received a life sentence plus 23 years on corruption convictions.

Dorsey's widow, Phyllis died in 2006. Before her death, she filed a wrongful death lawsuit against her husband, the co-conspirators and DeKalb County.

http://www.wsbtv.com/news/13907255/detail.html

Doctor Who Prescribed Anabolic Steroids to Wrestler Chris Benoit Indicted on Seven Counts

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)2978 — Tue, 03 Jul 2007 08:00:00 EST

The steroid rumors have become more legitimate in the double-slaying/suicide committed by pro wrestler Chris Benoit last month in Fayetteville, Ga. Considering the "Incredible Hulk" physique of Benoit and his marital strife, many wonder if drugs triggered the events that left an autistic 7-year-old smothered to death and wife strangled to death before the World Wrestling Entertainment (WWE) star hanged himself.

Benoit's Doctor Indicted Over Drug Prescriptions

The Atlanta Journal-Constitution (AJC) reported July 2 a Drug Enforcement Administration (DEA) agent filed a seven-count affidavit that maintained a Dr. Phil Astin prescribed a 10-month supply of injectable anabolic steroids every three-to-four weeks from may 2006 to May 2007 to the pro wrestler. A federal indictment said Dr. Astin prescribed drugs including Percoset, Xanax, Lorcet and Vicoprofen to patients referred to as O.G and M.J. Astin pled not guilty in court July 2. Toxicology tests on Benoit are incomplete.

U.S. Magistrate Judge Linda Walker ordered Dr.Astin held on $125,000 bond. The doctor was placed on house arrest until bond was posted.

On June 29, DEA Agent Anissa Jones filed a criminal complaint against the doctor, saying 1 million doses of controlled substances Dr. Astin prescribed the last two years was "excessive" for a sole practitioner in rural Carrollton, 40 miles west of Atlanta. One of the drugs prescribed by Dr. Astin was the anabolic steroid, testosterone cypionate.

Each count of the indictment carries a 20-year prison sentence. U.S. Attorney David Nahmias said. According to U.S. Attorney John Horn, Dr. Astin had Benoit's medical record on his presence when the doctor's office was served with a search warrant, prompting the official to believe the doctor may have tampered with evidence. Dr. Astin's attorney, Manny Arora denied the allegation.

Experts Struggle With "Why?"

Fayette County District Attorney Scott Ballard is searching for an explanation. "There can't be any satisfactory reason why you kill a 7-year-old." Ballard told the Associated Press. Ten empty beer cans were found at Benoit's home and an empty wine bottle was near where Benoit, 40, hanged himself from a fitness machine cable. Anabolic steroids also were found at the scene.

Benoit visited the office of his friend, Dr. Astin June 22, the alleged day Benoit killed his family, then himself. Dr. Astin has not said what, if any medications were prescribed to Benoit that day.

Then again, it might have been just rage that pushed Benoit to kill his son, Daniel and wife, Nancy. The AJC reported WWE lawyer Jerry McDevitt said Benoit argued with his wife regarding the medical care for Daniel. "They were constantly struggling with the difficulties of raising a child, who, from all indications, may well have had Fragile X Syndrome." The disease is a form of mental retardation accompanied by autism.

The Boy Who Was Choked to Death Loved His Dad

It had been reported the wrestler's wife wanted her husband at home to help with Daniel's care. She recently underwent neck surgery and was in pain. "Chris was traveling and she was trying to deal with the problem on her own," McDevitt said.

Until the autopsy report is released, there is only speculation. Dr. Astin said Benoit did not seem upset on the June 22 office visit. The pastor at Benoit's church called the father, "loving and caring." Wrestling officials claim angst in the marriage -- how to care for the child, where to send him to school and Benoit's heavy travel schedule – as possible causes for Benoit's actions that day. For now, no one knows which drugs, if any, were in Benoit's system at the time of the slayings.

Shocking is the boy loved his father. The last thing Daniel looked at before closing his eyes at night were pictures of his father taped to the bedroom wall. Based on that, how does a father apply a fatal choke-hold to his only child?

Even the experts -- doctors, ministers, friends, family and fellow wrestlers -- can't answer that one.

Tainted Toothpaste Found in Georgia's Hospitals, Prisons, State Mental Homes

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)2944 — Fri, 29 Jun 2007 08:00:00 EST

The Georgia Department of Administrative Services (GDAS) has removed tainted Chinese toothpaste from 83 prisons, four mental homes and four juvenile detention centers, according to Rick Beal, contracts manager for GDAS.

Agent Contributed to 51 Deaths in Panama

The department's action followed a report in the May New York Times that the tainted import was discovered in Nicaragua. MSNBC reported the shipment killed 51 people in nearby Panama. Later, Panamanian officials found Chinese toothpaste with diethylene glycol and since then, countries from Latin America to West Africa to Japan have seized the toothpaste. According to a Times report, Panama inadvertently mixed the poison made in China into 260,000 bottles of cold medicine, killing 100 people.

The U.S. has since cut Chinese imports of toothpaste. Thus far, 900,000 tubes of toothpaste containing the diethylene glycol -- a thickening-agent contained in anti-freeze and also a cheap sweetener -- have been shipped to the southeastern U.S. The Food and Drug Administration (FDA) said the chemical has a "low but meaningful risk of toxicity and injury" for children and those suffering from kidney or liver disease. The FDA described the chemical as a "syrupy poison." Thus far, there have been no reports in the U.S. of sicknesses related to the Chinese import.

Bulk of Tainted Import Landed in Georgia

The bulk of the tainted import was located in Georgia, North Carolina, South Carolina and Florida, said the Times. Although Chinese officials claim the toothpaste had small amounts of diethylene glycol and was harmless, the GDAS was unconvinced. Nearly 6,000 cases of toothpaste, each with 144 tubes of the "Springfresh" brand were confiscated in Georgia, according to Beal of the GDAS. Tests later revealed the product contained a diethylene glycol concentration of 5 percent.

The FDA has road-blocked further shipments. "This stuff does not belong in toothpaste, period," said the FDA's Doug Arbesfeld. "No Chinese toothpaste has come into the country since the end of May."

It was learned imports surfacing in Georgia were shipped from American Amenities in Seattle. But GDAS could not pinpoint where it was made in China.. Jesse Lyon, counsel for American Amenities, said his client recalled all suspect shipments of the product and had stopped importing Chinese toothpaste. Lyon said American Amenities had about 30 customers, with Georgia being the largest.

The Globe and Mail reported this week three Japanese importers recalled millions of Chinese-made toothpaste containing the tainted chemical.

"Exit" Sign Omitted At HOV Ramp Where Bus Crashed, Killing Seven

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)2897 — Thu, 21 Jun 2007 08:00:00 EST

A sign marked "Exit" planned in the 1996 construction of an HOV ramp from Interstate 75 onto Northside Drive was never installed on an overhead pole, the Atlanta Journal-Constitution (AJC) learned after obtaining a memo from the Georgia Department of Transportation (GDOT). The ramp was built for the Summer Olympic Games and last March 2, was the site of a bus crash that killed the driver, his wife and five baseball players from Ohio's Bluffton University.

Engineers Forego "Exit" Sign At Ramp

Highway engineers from GDOT contended the "Exit" sign would not fit on the installed pole. Had they made a support long enough to hold two signs, it would have obstructed other signage ahead on the interstate, they said. The only sign on the pole at the exit read, "Northside Drive," never telling motorists the HOV ramp was indeed an exit. The sign that did read, "Exit" was posted a half-mile before Northside Drive.

"Some people don't realize what we went through in that section of DOT," said Sam Ziegler, who was part of the design team for the signs. "We had unbelievable deadlines," he said, regarding completion of the project before the start of the 1996 Olympics in the city.

According to the AJC, Fred Hanscom, a consultant for highway signage, said, "Left-hand exits are rare and drivers don't expect them. Southbound I-75 drivers get no indication until they reach the Northside Drive exit, after rounding a curve, that bearing left means leaving the highway."

Safety Measures Added Since Fatal Crash

Since the fatal accident, crews painted the word, "EXIT" on the ramp roadway, enlarging the stop sign at the top of the ramp and repainting white lines yellow to indicate the cut-off for the exit lane to the left, the AJC reported.

Marion Waters, director of the office that approved the sign's absence at the exit ramp, said, "If 100,000 people that same day went by that location and didn't make an error, then the indication was that the sign wasn't needed. You're on the cusp here. 'But did you do what was appropriate or a reasonably attentive, alert driver who was accustomed to driving on a roadway?' And the answer has to be, 'Yes,'" he added.

Ga. Settles Wrongful Death Suit in Teen's Death at Georgia Regional

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)2869 — Tue, 19 Jun 2007 08:00:00 EST

The Georgia Department of Human Resources (GDHR) paid the family of Sarah Elizabeth Crider $1.25 million, the largest financial settlement for families of patients who died in a state mental facility over the last 10 years, the Atlanta Journal-Constitution reported June 18. State law caps wrongful death settlements from state agencies at $2 million. The family received $1 million for the wrongful death and the deceased's estate was granted $250,000.

Teenage Girl Died of Severe Intestinal Blockage

Sarah died at Georgia Regional Hospital on February 13, 2006 after failing to pass a bowel movement for 18 hours. The medical examiner said the 14-year-old resident of Cobb County died of severe intestinal blockage that medical records showed went unnoticed by doctors and nurses at the 38-year-old state mental facility in DeKalb County. The medical report said the intestinal blockage caused Sarah's colon to stretch almost to the point of bursting. Her lungs were filled with vomit. She also had developed bacterial sepsis, an infection of the blood.

The Chief Medical Examiner in Sarah's case, Dr. Kris Sperry, said the girl's condition was a medical emergency that required immediate surgery. "People should not die of obstructed intestines," she said.

Hospital Staff Failed to Monitor Girl's Condition

Sarah, diagnosed as autistic and schizophrenic, vomited several times the night before she died. When a doctor was summoned to the adolescent unit that night, she did not physically examine Sarah. Medical staff at Georgia Regional failed to check Sarah for as much as four straight hours. At 6:15 the next morning, staffers found her body with an enlarged abdomen and brown substance oozing from her mouth. Sarah had no pulse and was lying in vomit. The hospital record stated, "Rigor mortis had already set in," by the time staffers discovered her dead body.

"The state took responsibility for the death of Sarah Elizabeth Crider," said Alwyn Fredericks, the family's attorney. "We still think it was a tragedy but state officials did the right thing."

Situation Seems Widespread in State Hospital System

In the wake of the girl's death, the AJC conducted a series, "The Hidden Shame," reporting on the suspicious deaths of 115 Georgia state mental patients from 2002 through 2006. After Sarah died, state mental hospital officials mandated that staffers monitor patients' bowel movements. However, months later, the AJC reported another mental patient, 59-year-old Michael Ernest Webb, died after he went 19 days without a bowel movement which went unmonitored by state hospital staff.

After Sarah's death, Gov. Sonny Perdue said he would issue an executive order for an investigative panel to study the state mental hospital system. On that panel would be members from his executive branch, which oversees Georgia's seven state mental hospitals.

Prior to Sarah's case, the largest state settlement involving the death of a mental hospital patient was $850,000. That payout went to the family of 53-year-old Rome resident Rickey Dean Wingo, who was choked and beaten to death during an altercation by staff at Northwest Georgia Regional Hospital in Atlanta in 2002.

In the Crider case, GDHR terminated Sarah's primary care physician at Georgia Regional but not the doctor who failed to examine the teen in her room the night before her death. Gwen Skinner, director of the GDHR's Mental Health division, said "Any time you have a child die, the system has failed."

North Georgia Judge Dismisses Charges in Restraint Death of Teenage Boy

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)2818 — Sun, 10 Jun 2007 08:00:00 EST

In the wake of a North Georgia judge's motion to dismiss felony murder, involuntary manslaughter and child cruelty charges against six workers from the Appalachian Wilderness Camp, the family of the deceased, 13-year-old Travis Parker, said the court shunned a basic law of mankind: "Thou Shall Not Kill."

The Atlanta Journal-Constitution (AJC) reported six workers at the White County Outdoor Therapeutic Program for juvenile delinquents in Cleveland, Ga. pled not guilty to charges from the April 2006 incident. The case was headed to trial later this month. Parker, a resident of Douglas County, died after being restrained face-down for 90 minutes. Camp employees maintained Parker was restrained due to bad behavior.

Asthmatic Youth Denied Inhaler During Restraint

The AJC obtained documents from the Georgia Department of Human Resources, which said Parker was restrained after confronting a counselor. Parker took exception when denied food as a form of punishment. Parker, who had asthma, also was denied his inhaler when counselors deemed he wasn't having breathing difficulties. Throughout the restraint, counselors claimed they monitored Parker's breathing and checked vital signs, according to the Georgia Department of Juvenile Justice (GDJJ). The teen's heart gave out from the physical exertion of trying to break free of the restraint.

The ruling of White County Superior Court Judge Lynn Akeley-Alderman concluded the saga of six defendants who fought the charges for two years and lost their camp jobs. White County District Attorney Stan Gunter said his office may consider a reckless conduct charge against the six workers when the grand jury meets July 18. The judge said the camp workers were acting as trained and could not have known their actions would result in the boy's death. Akeley-Alderman also said Parker had shown "no outward signs his body was suffering" during what was called a "full-basket" hold.

The defendants – Ryan Chapman, Paul Binford, Mathew Desing, Torbin Vining, Johnny Harris and Phillip Elliot – had refused plea bargains offered by the district attorney.

Teen Was Born Addicted to Crack Cocaine

Parker's grandmother, Golden Griffin, who primarily reared Parker, said, "Those responsible for Travis's death should be brought to justice." Parker was born addicted to crack cocaine, which contributed to his aggressive behavior, according to the AJC. According to the GDJ, Parker had been on probation since 2004 for striking his grandmother and threatening her with a knife. He had been involved in school fistfights, pointing a BB gun at a school bus and taking a swing at a teacher at his Douglas County middle school. He once tried to hang himself at a juvenile detention center and also had cut himself with a comb.

Gunter said the testimony of the medical examiner, Dr. Kris Sperry, who performed Parker's autopsy, damaged the case. Sperry testified at a pre-trial hearing that Parker's death was positional asphyxia and resulted from a prolonged resistance against the restraint. Sperry said had Parker not struggled so long, he would not have died. The doctor also said Parker reached a point of physical exertion in which his heart could not function normally and went into a fatal rhythm that didn't supply blood to his organs.

The judge's ruling noted medical evidence revealed Parker had not been beaten and that his bruising was consistent with his struggle against the restraint. The judge pointed out similar restraints had been applied to Parker in the past. "The state has been unable to show that the defendants were aware or should have been of any clear, substantial or unjustifiable risk created by the use of the restraint methods for any period of time."

Henry County Police Arrest Two in Graduation Party Shooting Deaths

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)2810 — Fri, 08 Jun 2007 08:00:00 EST

Henry County Police arrested two teenagers June 27 in the graduation party shooting that left two dead and eight wounded at an apartment complex clubhouse earlier this month, according to the Atlanta Journal-Constitution (AJC).

Dewayne Ivory, 18, was charged with being party to the crime of murder according to Henry County Police Captain Jason Bolton. Reports said Ivory handed the gun to Labaron Devon Curry, 18, prior to the fatal shooting of two female teenagers. Curry is charged with two counts of murder. Both men will appear in Henry County Magistrate Court July 11, said the AJC.

Victims Were Rising Juniors

Police identified the 16-year-old victims as Molly "Brook" Cohran of Atlanta and Yahshika Frye of Stockbridge. The party had been given for a Stockbridge High School senior. The wounded teens ranged in age from 17 to 19.

Katrina Miller, leasing consultant for the St. Ives Crossing apartment complex off Flippen Road n Stockbridge, said she was surprised at the violence since the young woman who rented the clubhouse informed her two police officers and adults would be at the party. Miller said a police officer routinely patrols the complex. But a resident of the complex said the fence was open that night and intruders had easy entry to the grounds and clubhouse.

Wounded Were Shot, Stabbed

The AJC said a fight broke out just before midnight when shots were fired. Wounded victims suffered from either gunshot or stab wounds. None of the wounded had life-threatening injuries. Fifteen police detectives and a SWAT team arrived to lock down the apartment complex. Police do not know what led to the violence. "We're dealing with a lot of individuals involved," Bolton told the AJC on the night of the shooting.

The party began at 9 p.m. in the clubhouse, which is housed in the same building as the leasing office and fitness center and swimming pool. The AJC said students from Henry and Clayton counties and Atlanta, Riverdale and other cities "crashed the party." Despite the presence of chaperones, police said alcohol was served. Reports say up to 300 students were at the clubhouse.

Ruckus Began With A Fistfight

Atlanta NBC television affiliate WXIA said two girls provoked the melee and other teenagers fired [guns] into the crowd. Initially, police believed the incident could have been gang-related.

Capt. Bolton told the media June 4, "We received different information as far as a vehicle and different information as far as a description on suspects. We urge anyone that was there that left before we were able to arrive to give investigators a call." Informants may call the Henry County Police Department anonymous tip line at 770-288-8305. Police said the investigation is continuing, despite the two arrests.

Atlanta CBS affiliate WSB reported police believe the two deceased girls were innocent bystanders.

In a related AJC report, the FBI released statistics showing there was a 4.6% jump in violent crime in Atlanta in 2006. In addition, there was a 22% jump in murders. In 2005, there was a 20% drop in murders, said the FBI.

Georgia Police Safety Programs Aimed at Reducing Auto Accidents

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)2717 — Mon, 28 May 2007 08:00:00 EST

The Georgia Department of Public Safety (GDPS) began three national traffic safety campaigns May 21 to save lives and minimize serious injuries from motor vehicle crashes during summer.

Colonel Bill Hitchens, GDPS Commissioner, said Georgia state troopers and officers from the Motor Carrier Compliance Division and Capitol Police are partnering with law enforcement officers across the country to promote driver-safety measures during vacation travels.

Ga. Police Begin 3 Safety Campaigns

Operation "Click-It or Ticket," which extends through June 3, is the nationwide seat belt enforcement program. "Troopers and officers will be strictly enforcing Georgia's primary seat belt law and child restraint law."

May 21 is also the kick-off of "All-American Buckle-Up Week" across the nation. From now through Memorial Day, civic and community groups join law enforcement officers to educate the public on the importance of wearing seat belts at all times. Georgia State Troopers also remind adults who transport children to take the time to make sure children are properly restrained and child safety seats are properly installed.

Georgia troopers also are participating in "Operation C.A.R.E.," (Combined Accident Reduction Effort, which encourages safe driving through high visibility enforcement of traffic laws and public education efforts. The program among state highway patrols and state police agencies is in its 30th year and sponsored by the International Association of Chiefs of Police.

The highest number of Memorial Day weekend traffic fatalities was in 2005, when 32 people were killed. The lowest number was the 1979 Memorial Day weekend, when 10 motorists were killed. The GDPS Crash Reporting Unit began charting Memorial Day weekend traffic fatalities in 1969. Last year, 17 motorists died during the Memorial Day weekend. Nine of those passengers were not wearing seat belts.

Hitchens cautioned volume will be heavier throughout the holiday weekend with graduation ceremonies, festivals and vacationers.

But increased traffic isn't the only problem Motorists in southern Georgia may have limited visibility due to wildfires burning in South Georgia and North Florida. "Earlier this month, traffic was detoured off Interstate 75 north of the Florida line on a Saturday," he said. "Troopers will monitor visibility in the affected areas throughout the weekend in partnership with the Department of Transportation and provide assistance required to ensure traffic safety."

With summer's increasing temperatures, the colonel advised motorists to check their vehicles before hitting the road. "Tires should be properly inflated and fluids should be filled to proper levels," he said. Hitchens also said wiper blades, fan belts and radiator hoses should be checked for cracks.

Seat Belts Reduce Ejections

"This time of year is especially busy and dangers increase on the highways," Hitchens said. "These programs are designed to educate the motoring public of the dangers they face each day on our highways. Obeying the posted speed limit, not drinking and driving and making sure everyone is wearing a seat belt when traveling are the best steps drivers can take to prevent traffic deaths and serious injuries."

Albany (Ga.) Police Trooper Darryl Benton said there is a reason behind seat belt enforcement. "The fatal accidents we work usually involve ejections — passengers were not wearing their seat belts," he said. "You're going to have people who argue, 'I had an uncle who had his seat belt on and still died in an auto accident.' But statistics show it's safer to wear a seat belt than it is to not wear a seat belt."

Nighttime More Dangerous

Troopers will be focusing on nighttime driving since it is more likely a fatality will result from an unbuckled passenger at night, according to a report from the Governor's Office.

The report found 59 percent of occupants in passenger vehicles who died in nighttime crashes in 2005 were not wearing their seat belts. Across the United States in 2005, the report found more than 15,000 unbelted motorists died in nighttime crashes.

If you have a question about vehicle safety or traffic volume, call the GDPS at 404.624.7597 to speak to a GDPS public information officer.

Diabetic Motorist Not Charged; But Fla. Woman Won Suit in Similar Incident

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)2718 — Mon, 28 May 2007 08:00:00 EST

DeKalb County Police (DCP) will not charge a driver who suffered a diabetic blackout on May 4, running a red light in downtown Atlanta and colliding with a motorist on a scooter, the Atlanta Journal-Constitution has reported.

In part, the DCP report read, "Due to Mr. McCartha's medical condition at the time of this accident, he will not be charged." The driver was taken to Grady Hospital for tests which determined he was hypoglycemic or suffering from "extremely low blood sugar."

Driver Had Two Accidents in 1 Hour

Thomas McCartha, the 42-year-old diabetic driver of the DeKalb County Animal Control truck, had a previous incident that day. Eight miles before the fatal accident, McCartha was involved in a minor traffic incident in Dekalb County.

The DCP report on the first incident said McCartha's pickup truck struck a car that had stopped at a red light on Lawrenceville Highway at DeKalb Industrial Way. After the first collision, the truck struck the car again. When the car motorist left her vehicle to speak to McCartha, "he appeared dazed," she said. Before police arrived at the scene, McCartha drove away.

Thirty-eight minutes later, McCartha was driving west on Decatur Street when he ran a red light at Piedmont Avenue, according to the Atlanta Police Department (APD). His truck struck a scooter driven by Charles P. Hilderbrand, 55. A Fulton County Health and Wellness Department physician who treated AIDS and sexually transmitted diseases, Hildebrand remained in a coma for two weeks and died May 18 at Grady Memorial Hospital.

After hitting Hilderbrand, McCartha continued driving on Decatur Street, striking a construction barrier and three chain link fences before coming to a stop when he straddled railroad tracks. He "looked disoriented," the APD said.

Florida Woman Won 2005 Settlement in Similar 'Blackout' Incident

November, 2005, a Jacksonville, Fla. woman received a $4 million settlement after the car she was driving was rammed by a driver who had suffered a similar incident of diabetic blackout.

The dabetic motorist, William Ulmer, had been driving a Rent-Way truck down the wrong side of the road when he collided with Corrie Johnson head on. Johnson's 3-year-old daughter, Taylor, was in the car with her and suffered a laceration to the forehead. The mother had several surgeries to repair broken bones. The result – she had more than 70 pieces of titanium hardware inserted into her body to secure joints and repaired bones.

Mrs. Johnson's lawyer proved to a jury that Mr. Ulmer had a history of not taking the appropriate medication properly. Doctors had prescribed him insulin, 55 units in the morning and 25 units at night, but the day of the crash, he took 90 units at one time.

Ulmer's attorney, Tom Edwards, said his client was suffering from hypoglycemia when he got behind the wheel. Ulmer drove for more than 8 miles, hitting six cars along the way before he collided with Johnson's vehicle. Edwards proved Ulmer's employer, Rent-Way, knew of Ulmer's medical history, which influenced a jury to slap the employer with the $4 million penalty verdict. "They knew that this man had problems, but yet they did nothing about it," Edwards said.

Research More on Hypoglycemia

The National Clearinghouse for Diabetes reports there are several causes for hypoglycemia: 1) meals that are too small, delayed or skipped, 2) excessive doses of insulin or some diabetes medications, 3) increased activity or exercise and 4) excessive drinking of alcohol. Untreated, hypoglycemia can lead to loss of consciousness or blackout, the site reports.

Atlanta Accident victim remains critical

jeffd@doverlawfirm.com;tamaraj@doverlawfirm.com (News Author)2640 — Thu, 10 May 2007 08:00:00 EST