Alpharetta Attorney Blog

FAMU Has A Long History Of Hazing

According to an article in The Miami Herald, Florida A & M University has had a long history of hazing problems reaching back into the 1980's. FAMU is back in the headlines again because of a hazing incident which resulted in the death of a FAMU band member on November 19, 2011. Robert Champion, 26, was subjected to the hazing after a football game at Bethune-Cookman University. Mr. Champion played the clarinet in FAMU's famous band known as the Marching 100. There was a hazing ritual which was known as "crossing Bus C" in which the person being hazed had to walk down the aisle of the bus while other students repeatedly punched and kicked them. Unfortunately for Mr. Champion his hazing was so severe that it resulted in his death.

Robert Champion's parents believe his hazing was severe because he had given voice to his concerns about the culture of hazing at the university and also because he was gay. It is not certain why he choose to participate in the hazing, but according to his parents, he absolutely loved being in the band, and the need to "fit in" and "belong" may have been a motivating factor.

The university, the band director, and the bus company, and several students are likely to be held liable for negligence in the wrongful death of Robert Champion. At the scene of the hazing, the bus driver stood by watching and did nothing to stop it. The band director was aware that the school was experiencing problems with hazing behavior and did not provide the necessary supervision to prevent such actions. The University is also liable in this case because they were also aware of years of problems with many instances of hazing within the student body yet did not follow through with suspensions of students when they were found to be participating in hazing activity, despite a zero tolerance policy.

Continue reading "13 Students, Faculty, And FAMU University Facing Potential Negligence Lawsuits In Wrongful Death Of Band Member After Severe Hazing Incident" »

Bad Medical Decision Leaves Colorado Woman Partially Paralyzed

Krissy Myatt of Ft. Collins, Colorado was being treated by her doctor for multiple sclerosis with a drug which was known to cause high blood pressure. According to The Coloradoan, she suffered a stroke in 2006 after she had gone to the emergency room with a bad headache and dangerously high blood pressure and was sent home after being told she had a migraine.

Unfortunately for her and her family, the doctor made a bad decision about her care and did not take her symptoms seriously considering her medical condition and the medicines she was taking. Did the doctor not review her health history? Why did he not order an MRI considering her medical complaint and the drugs she was taking for her MS? In The end, Mrs. Myatt suffered a severe brain bleed which resulted in a hemorrhagic stroke leaving her paralyzed on the right side.

Last month, Mrs. Myatt's medical malpractice case was settled when the Dr. was found to be negligent and his insurance provider was ordered to pay $3.9 Million. This is not an unusual amount considering Mrs. Myatt was a young active wife and mother. A Fox 31 Denver news story reported that she used to enjoy snowboarding , skiing, in-line skating, and cycling. Her journey back has been long and painful.

Continue reading "Medical Malpractice Involves Holding Physicians To A Higher Standard Of Care Because Their Decisions Involve Life & Death" »

Florida Special Prosecutor Charges Zimmerman With Second-Degree Murder

There are probably not many people who are not familiar with the Trayvon Martin tragic shooting death. The story has been reported on nationwide by local & cable news, radio,newspaper and internet news. State senators, celebrities, and civil rights leaders have all been speaking out about the case and calling for action.

Many residents of Sanford, FL and others interested in this case with its racial overtones are reported to be satisfied that the special prosecutor has arrested and charged George Zimmerman with second degree murder, according to The Christian Science Monitor. The Sanford community and family members of Trayvon Martin had been waiting for 6 weeks while the investigation ground on and were afraid that George Zimmerman would not have to answer for his part in the shooting death of Trayvon.

Was The Shooting Death Of Trayvon An Accident Or Intentional?

George Zimmerman was part of a neighborhood watch for his gated community and according to an AP News story the incident took place on a rainy evening when Mr. Zimmerman thought Trayvon was acting suspiciously and began to follow him. All of the facts have not yet been made public, but a confrontation between Mr. Zimmerman and Trayvon ended with Trayvon being fatally shot.

The confusing accounts by witnesses of the incident and possible mishandling of the investigation by the Sanford Police Department did not help calm public fears that someone might be getting away with murder. Fortunately the investigation by Florida special prosecutor Angela Cory wrapped up with the announcement on Thursday, April 11 that criminal charges were being filed and that Mr. Zimmerman had turned himself in.

Continue reading " Zimmerman Facing Criminal Charges In Treyvon Martin's Death May Also Be Liable For A Wrongful Death Lawsuit" »

Last years food poisoning outbreak caused by melons contaminated with Listeria from Jensen's Farms is still claiming lives in 2012. The latest victim was a 68 year old retired Podiatrist, Mike Hauser, who had been fighting his food poisoning illness for weeks. According to the Food Poisoning Bulletin, Mr. Hauser's death brings the death toll from this outbreak to 35.

On September 2, 2011 the Colorado Department Of Public Health informed the CDC that 7 people had become ill with listeriosis. After that first report more people became ill in Colorado and in 27 other states to which the cantaloupes had been shipped. The CDC began an investigation and traced the source of the listeriosis to contaminated cantaloupe from one farm in Colorado, Jensen Farms. The affected cantaloupes were immediately recalled, but many people had already consumed them or did not hear of the recall.

Since the recall there have been 35 deaths including a miscarriage from a pregnant woman suffering from listeriosis. According to the Denver Post the death toll could still rise as some causes of deaths still have to be determined. The CDC stated that this foodborne illness outbreak has been the deadliest one in the United States since 1924. In total there were 146 people who became sick and 35 deaths. Most of the victims of the listeria outbreak were over 60 and almost all of the sick required hospitalization.

Continue reading "Negligence In Food Poisoning Outbreak Of 2011 Still Causing Sickness & Death In 2012" »

In a wrongful death case which had its beginnings over 8 years ago, The Massachusetts Appeals Court recently upheld a negligence award in the case of a Harvard graduate student who killed an 18 year old Cambridge man during an altercation in April 2003.

The tragedy of Michael Colono's death is underscored by the fact that these two men did not know each other; their meeting was by chance and the altercation was fueled by alcohol. The story from the archives of People May 26, 2003 records that Alexander Pring-Wilson, a 25 year old Harvard graduate student, was walking home after he had been drinking with friends when he passed by Colono and two friends who were sitting in a parked car outside a Pizza Parlor. An altercation occurred after Colono made an insulting remark about Wilson and a fight ensued. Other reports indicated that a second occupant of the vehicle joined in the fight and Wilson pulled out a small utility knife he always carried, to defend himself. Witnesses said Mr. Wilson ended up fatally stabbing Colono in the chest.

Wilson was found guilty of voluntary manslaughter and sentenced to 6 to 8 years in prison but his attorneys appealed his case and his verdict was overturned on appeal in 2005. His attorney was able to successfully forward the argument that the victim and his friend had violent records which had not been allowed into evidence during the trial. Wilson's attorney believed this information would have made a difference in how the jury had assessed the incident. A second trial in late 2007 ended in a deadlocked jury and according to the Boston Globe, Wilson then agreed to a plea bargain in which he plead guilty to involuntary manslaughter and was sentenced to 2 years in prison. It was felt this move was preferable to having to go through a third trial and could put an end to more years of litigation.

Civil Lawsuits Help Personal Injury Victims Recover Compensation

Colono's girlfriend and mother of his daughter with the assistance of a wrongful death attorney filed a civil suit against Mr. Wilson for the benefit of the baby daughter. The most recent ruling regarding this case involves this civil lawsuit filed against Mr. Wilson by Mr. Colono's estate. Following the story in The Universal Hub, the appeals court has upheld the ruling of negligence from the civil court case against Mr. Wilson. The judge found that both Mr. Wilson and Mr. Colono were equally at fault for the fight, but that Mr. Wilson could have availed himself of other alternatives rather than staying and fighting, that he used more force than was necessary and because of this his actions were negligent. On March 13, 2012 Mr. Wilson was ordered to pay $10,000 to the estate of Mr. Colono and $250,000 to Colono's daughter for his wrongful death.

Continue reading " Large Sum Of Money Awarded In Wrongful Death Case To Estate Of Cambridge Man Killed During A Fight In 2003" »

A recent CBS Atlanta story has highlighted the problem of drivers who are disobeying the Georgia "Move Over Law". In the March 2012 news story, Marietta police gave voice to their worry that police officers lives are being put in danger when they are conducting traffic stops on the side of the road. Many drivers are failing to slow down or move into the other lane as they drive by a traffic stop, frequently passing dangerously close to the officers.

What Is The Georgia Move Over Law?

The Georgia Move Over Law, Georgia Code Title 40-6-16requires drivers to move over one lane when they approach a stationary emergency vehicle with flashing lights parked on the shoulder of the road. If the motorist is unable to change lanes they must reduce their speed and be prepared to stop if necessary. This law was enacted to try to stop the large numbers of emergency personnel who were being hit by passing vehicles every year causing serious injury and in some cases death. It applies to more than police vehicles and includes any emergency vehicles with flashing lights that are yellow, amber, white, red or blue. This includes emergency vehicles used by the police, paramedics, firefighters, tow truck operators, roadside assistance vehicles, and road maintenance workers.

A year ago, Spencer Pass, a roadside assistance worker was hit and killed by a driver who did not obey the move over law. According to the story in the Atlanta Journal Constitution Mr. Pass was assisting another motorist on the shoulder of the road. The driver of a Ford F-450 pickup truck pulling a landscape trailer sideswiped the emergency vehicle, the truck that was being assisted and then hit Mr. Pass causing fatal injuries. This is just one example of many stories we all hear and read about in which emergency personnel and workers are injured and killed each year by negligent drivers who sideswiped them while they were working on the shoulder of a roadway.

The police and other emergency workers spend a lot of time working on the shoulders of our roads, doing their jobs and assisting motorists in need of help. Because of this they are certainly at a higher risk of being injured by a negligent motorist. But as a normal course of life, anyone of us has a possibility of being injured in a car accident and when it happens because of the fault of another, we will need help in recovering compensation for our injuries. That is when a Georgia personal injury attorney can work with you to protect your rights and see that you receive fair compensation.

Continue reading "Not Obeying Georgia's Move Over Law Increases Risk To Law Enforcement & Emergency Workers For Serious Accident Injury" »

Depending on what state you are driving in, the law can define aggressive driving differently. The National Highway Traffic Safety Administration defines it as "when individuals commit a combination of moving traffic offenses so as to endanger other persons or property." Some unsafe driving behaviors which fall into the category of aggressive driving includes:

• Exceeding the speed limit
• Following too closely
• Unsafe lane changes, erratic (weaving in and out) of lanes
• Not signaling lane changes
• Disregarding traffic signals and/or signs
• Red light running

What Is The Aggressive Driving Law In Georgia?

An aggressive driver is not just unintentionally violating the law, it is intentional. Many factors can contribute to driving aggressively such as an impatient personality, stress, and crowded roadways, but a driver is responsible for operating his vehicle in accordance with state law and in a safe manner. Research has found that aggressive driving can even escalate into road rage ending in a physical assault with others to the point of serious injury and even death.

To date 11 states have defined what constitutes aggressive driving. In Georgia aggressive driving falls under Georgia Code 40-6-397 which states that a person is guilty of aggressive driving if they operate a motor vehicle with "the intent to annoy, harass, molest, intimidate, injure or obstruct another person, while doing one or more of the following: overtaking and passing another vehicle; violating traffic lane markings; following too closely; violating signal, lane change, slowing or stopping laws; impeding traffic flows; reckless driving."

In Georgia aggressive driving is a criminal offense and if you are convicted of aggressive driving it can result in fines, points against your license, possible loss of driving privileges, possibility of jail time, and higher insurance rates.

Continue reading "More Than Half Of Fatal Car Accidents Involve Aggressive Drivers According To The AAA Foundation For Traffic Safety" »

CPSC Recalls Tassimo Single Cup Coffeemakers

Every month, the Consumer Product Safety Commission (CPSC) releases warnings and recalls on various consumer products that are responsible for causing death, injury or property damage. Among the most recent recalls is a popular coffee maker, the Tassimo single cup brewer manufactured by BSH Home Appliances Corp. of Irvine California. About 835,000 of these coffee brewer units have been sold in the U.S. alone with another 900,000 in Canada between June 2008 up to the present.

How Is The Tassimo Single Cup Coffee Maker Causing Injury?

There have been 140 reports of users being injured while using the coffee maker, when the T disc (small cup which holds the coffee or tea) unexpectedly bursts and sprays its contents out onto the user or anyone who is standing nearby. Among the incident reports that the CPSC has received, 37 of the complaints involved 2nd degree burn injuries. In one incident a 10 year old girl had to be hospitalized when she was burned in the face.

A consumer alert article in the Boston Globe also reported that Kraft Foods is recalling 4 million of their Tassimo expresso T Discs. These T discs were sold under the brand names Gevalia, Maxwell House, and Nabob. Kraft's recall is in response to 37 reports of burns received when these T discs sprayed out their hot contents. The recalled brewer discs were sold from August 2011 up to February 2012.

Continue reading "Burn Hazard Brewing With Recalled Tassimo Single Cup Coffee Makers" »

Craig Walters, a longtime customer of Kroger's, was shopping at their Ridge Road store in Douglasville in May 2008 when he slipped on some crushed fruit that was on the floor. According to the Douglasville Patch, he fell on his back with such force that he injured his spine severely requiring back-fusion surgery and the insertion of rods and screws to help stabilize his spine. Mr. Walters asked Kroger to help him with his medical bills which had run up to almost $135,000 but they said they were not responsible for his accident and would not help him. That was when Mr. Walters turned to a Georgia premises liability attorney for help.

Owners and managers of property, including commercial property, are required by law to maintain their premises in a safe manner. Being a grocery store, managers and store personnel knew or should have known that people drop food items frequently and need to be vigilant about keeping floors clean and free of debris or any item that could potentially cause a slip & fall accident.

During the investigation of Mr. Walter's accident it was discovered that Kroger had a camera in the area of the store where he suffered his spinal injury. But when asked about recovering video footage from the camera Kroger said it did not cover the area where Mr. Walters had slipped. It was later discovered that the camera did cover the area of the accident. Ultimately it came out that Kroger lied about having video of the area and then destroyed any video evidence that might have been on the tape. Video evidence would have been very important in showing, not only that there was a spill of some kind on the floor, but also would have shown how long it was left there without being attended to.

Continue reading "Georgia Man Wins $2.3 Million Lawsuit After Suffering Serious Injury From A Fall At Kroger" »

In Georgia, twice as many people are killed in crashes in rural counties as are killed in the five metropolitan Atlanta counties. The guidelines are generally the same if you're involved in an accident in a rural area of Georgia. But there are a few differences to consider:

Stay at the Scene of the Georgia Car Accident

The general rule is that if you are involved in any type of car accident, even a fender bender, it's important to stay at the scene. There are serious legal ramifications for leaving the scene and committing a "hit and run". However, if you are in a rural, or deserted area, and are involved in an accident, experts suggest using caution when getting out of your vehicle. Unfortunately, there are people who have "bumped" another car to get them to pull over and then harm or rob the driver when they exit the vehicle.

If you were in a non-serious car accident and feel unsafe getting out of your vehicle, you can also drive the nearest gas station or police station to report the accident. If the other driver turns out not to have any ill-conceived plans, you may be embarrassed, but safe.

Call for Help After the Cumming Car Accident

It's important to check that everyone is okay and then call for help after a Georgia vehicle accident. If someone is complaining of neck injuries, it's best not to move them, instead wait for an ambluence.

During the chaos, it's easy to want to apologize and accidentally admit guilt for the accident. The time right after an accident can be overwhelming, by apologizing or admiting guilt (even if it ends up not being your fault), you can implicate yourself unnecessarily.

As you're waiting for police, it's great if you can talk to witnesses. Even in rural areas of Georiga, there may be people that saw the accident. Write down their information, if possible, you can then pass this information onto your car accident attorney, insurance companies and the police.

Contact an Alpharetta Car Accident Lawyer

If you're involved in a car accident, in a rural or metropolitan area of North Georgia, an experienced Alpharetta car accident lawyer can help. If the accident was caused by someone else's negligence, you are entitled to compensation. Call the law offices of Daniel W. Mitnick today to discuss how they can help you build a strong and convincing case to get the compensation you deserve.

Distracted driving due to the use of a cell phone has continued to be a problem throughout our country. While there is no nationwide law regarding the use of cell phones while driving, some states have taken the matter into their own hands.

What Are The Cell Phone Driving Laws In Georgia?

Georgia is one of the states that created a cell phone law to help keep the roads safer. It is illegal to use a cell phone in any way while driving if you are driving a school bus or if you are under 18 years of age. However, it is illegal for all drivers to text while driving in Georgia and 34 other states.

A report done by the National Safety Council recently showed that an estimated 1.1 million car crashes that occur each year involve drivers who are using cell phones at the time of the crash. Additionally, 200,000 crashes each year involve drivers who are text messaging.

Even though all cell phone use while driving is not banned in Georgia, it is still important to be careful when doing anything that distracts you from the road while driving. Whether you are calling someone or eating lunch on the go, any distraction can cause an auto accident that could have been avoided.

Alpharetta GA Car Accident Lawyer

If you or someone you know were injured due to another driver's negligence, don't hesitate to contact an Alpharetta personal injury attorney right away. The Alpharetta car accident attorneys at the Law Offices of Daniel W. Mitnick can begin investigating the car accident right away to help you get any compensation you deserve. Call us today at 866-710-4090.

The leaves are changing, many pumpkins have been carved, and fall is in full swing. What's next? Halloween. There is rarely a shortage of Halloween costume parties for you and your friends to attend. Right now, you may still be thinking about what you will dress up as this year or which party you are going to attend. However, with all of the parties going on during Halloween weekend, it is important to remember some safety tips for Halloween.

Party Hosts - Provide A Safe Environment To Avoid A Premises Liability Lawsuit

Have you already had your costume picked out for months and now all you are thinking of is what food and drinks your guests will enjoy the most? If you are throwing a Halloween party, you are responsible for more than just the fun your guests will be having. You are also responsible to uphold the law and provide a safe environment for your guests or else you may find yourself with a new premises liability charge in November.

A few reminders for the Halloween party host:

Don't Serve Alcohol To Minors

It is illegal to serve alcohol to anyone under the age of 21. This doesn't just mean you personally. If you know someone else is giving alcohol to a minor under your roof, you may still be liable.

Don't Let Guests Drive Drunk

If one of your guests drives intoxicated and gets into a car accident, it could become your problem due to social host liability. Keep a cab company's number handy or provide guests a place to sleep, or don't let your guests get drunk.

Don't Be A Loud Neighbor

At least don't be a noisy neighbor all night. Check the hours for designated quiet time in your area and keep the noise contained during those hours. Or you may have police show up other than the ones who came in costume.

Being safe and following the law can still allow you and your guests to have a fun Halloween party. But taking safety measures may prevent you from legal trouble following party cleanup. If you find yourself in legal trouble, our Alpharetta DUI attorneys and premises liability attorneys can help. Call The Law Office of Daniel W. Mitnick today at 866-710-4090

Toyota Pledges New Safety Initiative After Unresolved Sticking Gas Pedal Issue

Earlier this year Toyota released information on a new 50 million dollar facility it plans to build in Ann Arbor, Michigan near its' Toyota Technical Center, to help reduce traffic injuries and deaths. To be named “The Collaborative Safety Research Center”, the center will focus on developing ways to enhance safety in the areas of driving and traffic.

This safety initiative may be in response to the bad press the Toyota Corporation had to deal with in the last couple of years as hundreds of incidents involving Toyota vehicles being involved in car accidents after unintended sudden acceleration. It was believed to be caused by gas pedals sticking. There were many accidents involving injury and death with certain Toyota vehicles. These problems triggered a massive recall. And even though there was never a definite resolution as to the cause of the problem, it is believed that the problem caused the deaths of at least 93 people. If you or a family member has suffered injuries or death from a car accident because of a defective part, you should consult an experienced Alpharetta personal injury attorney to protect your rights and work to help you get the compensation you are entitled to.

Car Accident Attorneys in Alpharetta Protect Your Rights

Over the years, there have been recalls on many different American made vehicles as different serious defects have been identified. Defective and malfunctioning parts in motor vehicles have resulted in serious injury and death to many people. Most good Alpharetta personal injury lawyers offer a free initial consultation to advise you of your options in the case of an accident injury due to a defective product.

Georgia Car Accident Lawyers Are The Best Advocate of Injury Victims

Alpharetta car accident attorney Daniel W. Mitnick knows the difficulties a family can face when a loved one suffers serious injury or death as a result of a vehicle accident caused by a defective part, or any car accident caused by the negligence of another person. You may be entitled to compensation for damages for financial loss and pain and suffering in the event of an accident that was the fault of another. Call us today for a free consultation!

Slipping and falling can happen anywhere whether it is at a grocery store surrounded by a lot of people or in an empty office. Sometimes you can escape with simple first aid and a little bit of humiliation. Unfortunately, sometimes slip and fall accidents cause serious injuries.

Property Owner Responsibility

Property owners have a responsibility to those who enter their property—and part of that responsibility is to keep a safe environment for others. If you have been injured on another person's property in the Atlanta area, contact an attorney like our Alpharetta slip and fall injury attorneys. If the property owner failed to provide proper lighting or secure flooring, they can be held responsible.

Not all injuries show themselves right away. If you think you may have an injury after falling, don't wait for the injury to worsen over the next few weeks before contacting an attorney. Get your injuries checked out by a doctor immediately and contact a personal injury lawyer as soon as possible.

Slip And Fall Injury – Don't Wait To Contact Attorney

Premises liability cases are usually most successful if the attorney is able to investigate the scene of the fall as soon as possible after the accident. An investigation soon after the accident will also allow for witnesses to be contacted.

An attorney can help to make sure you are compensated as much as possible for your injury treatment as well as its effects on your life. Factors included in compensation amounts are medical care, rehabilitation services, and replacement income you may need to make a full recovery as soon as possible.

Slip And Fall Injury Attorney

If you have recently fallen on public or private property at the fault of the property owner, don't hesitate to contact an attorney. Our Alpharetta personal injury attorneys are experienced in handling premises liability cases. Call the office of Daniel W. Mitnick & Associates today at 866-710-4090.

Driving a mid-size sedan is very different than driving a passenger van. The size and driving requirements are very different as well as the number of people you may be responsible for. Though passenger vans aren't as intimidating as driving a bus, drivers still need to take extra precaution when driving a large passenger van to avoid a car accident.

Recently, two 15-passenger vans rolled over causing ten deaths. Tragic accidents like these are reminders for owners of passenger vans to be extra careful while driving and extra careful when letting others drive.

Passenger Vans Have a Higher Rollover Risk

According to the National Highway Traffic Safety Administration, passenger vans have a greater risk of being in a roll over accident. This is due to three reasons:

• Inexperienced drivers
• Improperly sized and/or inflated tires
• Incorrectly loaded cargo and passengers that affect center of gravity

Like other large vehicles, passenger vans also require more reliance on side mirrors as well as greater braking distance. If you own a larger passenger van, don't let just anyone drive it. Make sure the driver is experienced and understands the different requirements for motor vehicle safety in driving a passenger van.

At Daniel W. Mitnick & Associates, PC, we hope that you and your passengers stay safe. If you unfortunately have already been involved in a car accident or know of someone who has, contact our Alpharetta car accident attorneys today. We'll give you the attention you deserve.