The Atlanta Injury News Blog

January 2011 Archives

Another MARTA Lawsuit, This Time Over a Broken Escalator

An Alabama resident, who claims that she broke her leg while riding the escalator at the Five Points MARTA station in Atlanta, is suing the transit agency and seeking punitive damages. The Atlanta Journal-Constitution reports that Patricia Weeks suffered from injuries after an escalator at the Five Points station suddenly ran in reverse, causing passengers to fall on the landing below.

This is not the only lawsuit that MARTA is currently facing. As we reported in an earlier blog post, a family recently filed a wrongful death suit against MARTA after their 14-year-old son was killed at the Five Points Station on New Year's Eve. The lawsuit alleges that MARTA security guards were negligent and that the victim died as a result of that negligence.

Filing a Lawsuit in Georgia After Dog Bite Attack

According to The New York Times, 32 people in the United States died from a dog attack in 2009. Most of the victims in these canine attacks were children and the offending dogs were mostly Pit Bull terriers or Rottweilers.

Death by dogs might not be considered too common in the U.S, but animal attacks causing injury happens quite frequently all over the country. found that 1,000 Americans per day are treated in emergency rooms as a result of dog bites.

Personal Injury Lawsuits in Media Can Lead to Betrayal Effect

When consumers learn of an unsafe product, either due to a lawsuit or product recall, it can lead to the inclination of declining to use a product that is actually very safe. ABA Journal cites an example of this "betrayal effect" from a study conducted by Northwestern law professor Jonathan Koehler and University of Texas marketing professor Andrew Gershoff.

The study asked test subjects to choose between two cars: one had an airbag that was less likely to save a life in a serious accident; the other had an airbag that was more likely to save a life in a serious accident, but had a minuscule chance of causing death. Most participants chose the first option and avoided the airbag that is generally the safer choice.

Family of Ruben Hand Files Lawsuit Against MARTA

The death of 14-year-old Ruben Hand III was tragic for many people in the Atlanta community. According to the Associated Press, the boy died on New Years Day after a cell phone dispute with a 36-year-old man at a train station when the assailant approached Hand from behind and slashed his throat with a knife. But apparently, the alleged murderer may not be the only one held responsible for Hand's death.

The family of Ruben Hand claims that the teenager approached a uniformed MARTA officer before he was attacked and that he told the officer that a stranger was following him and threatening him. The family alleges that MARTA officials did not come to the boy's aide and that they did not escort him to safety.

Recall of Nuclear Sludge Chew Bars Due to Lead Content

It would be wise to avoid eating Nuclear Sludge Chew Bars, made by the company Toxic Waste. The name of the candy bar is supposed to be a joke, and did not have the intention of actually being toxic, but the Toxic Waste company has issued a recall on the product due to health and safety concerns.

Daily Health Report states that the FDA allows lead content in products that is of an amount of no more than .1 parts per million. Some of the Nuclear Sludge Chew Bars, however, were found to have a lead content of .24 parts per million. These levels are reportedly high enough to cause health problems for infants, children, and pregnant women. Hence, the company voluntarily issued a recall this week on candy bars distributed between 2007 and 2011.

Wrongful Death Lawsuit Filed After New York Blizzard

The family of an elderly New York woman claims that 75-year-old Yvonne Freeman died after waiting three hours for an ambulance to get through the unplowed streets of the city after a blizzard. According to New York Daily News, the family is saying that the woman might have survived a heart attack if medics had gotten to the elderly woman's home quicker.

The family now has a lawyer and is planning to sue the city of New York for $20 million. In this wrongful death case, the family is alleging negligence on behalf of multiple city agencies, including NYPD and FDNY. These agencies allegedly did not properly "maintain and update" the 911 system.

Woman Sues Six Flags Alleging Harassment and False Imprisonment

A former employee of Six Flags Over Georgia is now suing the theme park after claiming that managers harassed and interrogated her for four hours when she was the victim of a crime on the Six Flags property. Through the lawsuit, plaintiff Rita Lingefelt is demanding punitive damages for negligence, false imprisonment and pain and suffering.

Courthouse News Service reported that Lingefelt worked at a concession stand in the theme park. The woman says that she was stabbed and robbed while working at her job last August after a man entered the Six Flags grounds through a hole in the fence. After the stabbing, Lingfelt says that management suggested that she had "done it to herself" and that her employer started harassing her and scrutinizing her behavior after the incident. Rita Lingfelt reportedly resigned from her position in October.

Woman Sues Wal-Mart After Slip and Fall Accident

A woman who claims she was injured at a Wal-Mart store in La Marque, Texas is now suing the discount retailer for monetary damages. According to The Southeast Texas Record, the plaintiff Barbara A. Jones says in her lawsuit that she slipped on a puddle of water near the plant display entrance in the store and that the puddle was there for a long period of time before the accident.

In the lawsuit, Wal-Mart is being blamed for not properly inspecting and maintaining the retail area, not providing understandable warnings of the puddle, and not discovering the potentially dangerous situation in time. Hence, Jones is suing for physical pain and suffering, mental anguish, impairment, disfigurement and lost wages.

Recall of GE and Professional Series Brand Dehumidifiers

GE and Professional Series Brand Dehumidifiers have been voluntarily recalled due to a fire hazard. According to the U.S Consumer Product Safety Commission (CPSC), a component in the dehumidifier's compressor has the potential to short circuit, which poses a fire risk.

No injuries have been reported from the GE and Professional Series Brand Dehumidifiers, but there have been at least 14 reports of incidents involving smoke and fumes emitting from the product. Eight fires have begun from this product, six of which had property damage that extended beyond the dehumidifier unit.

Cherokee County School Bus Crash Results In Injuries

A school bus and tractor-trailer collided last week in Cherokee County, which resulted in eight people being sent to the hospital for injuries. CBS Atlanta reports that six of the eight hospitalized people in the school bus crash were children, who were being transported to Free Home Elementary School on the bus.

The crash is still currently under investigation, but some news reports say that the school bus pulled out in front of the tractor-trailer suddenly and that the driver of the trailer did everything that he could do stop or get out of the way.

Lawsuit Says That New Balance Toning Shoes Are Deceptive

People across the country are hearing the claims that New Balance is deceiving its customers by falsely advertising that their popular toning shoes increase muscle activation and burn calories with each step in the sneakers. The Boston Globe reports that the non-profit American Council on Exercise has stated that the New Balance toning shoes not only fail to live up to their claims, but also have the potential to cause foot injuries due to the shoe's unstable sole.

A lawsuit was filed this week against New Balance, claiming that the company's marketing claims are "false, misleading, and reasonably likely to deceive the public." According to Reuters, the plaintiffs in the case are seeking class action certification and more than $5 million in compensation.

Gwinnett House Party Killing: 20-Year-Old Corey Johnson

A 20-year-old graduate of Shiloh named Corey Johnson was killed at a house party near Snellville, reports the Atlanta Journal-Constitution.

The house party was at 4200 block of Trotters Way Drive, in the Bridlegate subdivision near Bethany Church Road. Pollice were called there twice in one night. First because of illegally parked cars. Next time for tragedy. There were about 50 college-aged adults present and there was some kind of gunshot involved.

Man Sues Delta After Falling Out of Seat in Atlanta Airport

Lester John Waldmann claims that he was seriously injured after preparing to board a flight at the Hartsfield International Airport in Atlanta on December 17, 2009. The New Orleans resident apparently fell out of a chair in the boarding area after his seat collapsed. The Louisiana Record reports that the man is now suing Delta Air Lines over the incident.

Court documents say that Lester John Waldmann underwent an MRI after the fall, which revealed that he sustained a herniated cervical disk. The man says that he saw that screws were loose in the collapsed chair after he fell and reported the incident to a Delta clerk.

Houston County Sued After Deputy Allegedly Uses Excessive Force

A Georgia man is suing Houston County and the Houston County Sheriff's Office, alleging that deputies used excessive force during a 2008 traffic stop in Warner Robins. According to the McClatchy News Washington Bureau, the plaintiff James Parker alleges that a deputy slammed him to the ground in an aggressive manner and stunned him with a Taser when he asked why he was being arrested. James Parker claims that when he immediately complained of chest pains after being stunned, a deputy threatened to deploy the Taser again.