Alpharetta Attorney Blog

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" »

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" »

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

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.