The Atlanta Injury News Blog

February 2011 Archives

Toyota Issues Another Recall Over Acceleration

Toyota Motor Corp. is making media headlines this week after issuing three product recalls due to issues with the accelerator pedal in their cars. KTLA News reports that nearly 2.2 million Toyota and Lexus vehicles on the road are affected by the car company’s most recent recalls.

The most noteworthy of the three recalls affects about 1.4 million vehicles because the floormat in the vehicles has the potential to get jammed under the accelerator pedal and trap it. The models affected by the new recalls include the Lexus GS, Lexus RX, Toyota Highlander, Toyota 4Runner, Lexus LX, and Toyota RAV4.

Bus Boy at Fox Sports Grill Suing Fabolous After Fight

The New York based rapper Fabolous is now in some legal trouble in the Peach State after allegedly getting into a fight with a bus boy at the Fox Sports Grill in Atlanta. The Atlanta Journal-Constitution reports the employee has filed a lawsuit in Fulton County Superior Court against Fabolous, whose real name is John Jackson, to collect compensation for damages.

The lawsuit states that Jackson and an unknown accomplice assaulted the bus boy Octavious Butler without being provoked in any way. The attack apparently consisted of Butler getting hit in the head with a glass bottle and getting punched while he was working at the restaurant.

Man Sues Atlanta Braves After Taking a Beating

A fan of the Pittsburgh Pirates, who claims that he was assaulted at Turner Field almost three years ago, is asking to be reimbursed for at least $38,714 for medical bills in a personal injury lawsuit against the Atlanta Braves baseball club. The Atlanta Journal-Constitution reports that the plaintiff Elmer Collins had 11 of his teeth knocked out and was hit in the jaw in an attack committed by Atlanta Braves fans in the stadium.

Should the Braves be held liable for a fight that breaks out during a game? If employees and agents at the stadium were negligent in stopping such an attack, should a jury award compensation to the plaintiff and determine that a team’s management is responsible for the injuries?

Shirley Sherrod Sues Andrew Breitbart For Release of Misleading Video

Publishing a quote out of context can certainly damage a person's reputation and not represent that person accurately. This is why the U.S Department of Agriculture's former director of rural development in Georgia, Shirley Sherrod, has filed a lawsuit against conservative blogger Andrew Breitbart.

The Washington Post reports that Breitbart posted a video excerpt on his website of a speech Sherrod gave at the NAACP dinner in Georgia last year. The video clip shows Sherrod describing a situation in which she, as an African-American woman, struggled to work with a white farmer because of his race.

Alleged Excessive Force By Police Leads to Wrongful Death Case

A family is suing Glynn County after a police officer fired four shots at Martin "Marty" Reagin, who was drunk and taking medication for bipolar disorder at the time of a confrontation. The lawsuit, which also names Police Chief Matt Doering and Glynn police Sgt. Craig Brown, states that the excessive force used resulted in a wrongful death.

Jacksonville.com reports that the family filing the suit also accuses the defendants of violating Reagin's civil rights, ignoring his unstable mental condition and provoking him into a violent situation.

This Cheese is Too Hot: Parents Sue Walt Disney Parks

A couple from Chula Vista, California, is suing Walt Disney Parks and Resorts after their 4-year-old son was allegedly served nachos that were simply just too hot at Orlando's Magic Kingdom. USA Today reports that scalding nacho cheese spilled onto the boy's face and caused permanent scarring, pain and suffering, according to the lawsuit.

How much can a family receive if a judge or jury sides with the plaintiff in a hot food lawsuit like this? In 1994, an elderly woman from New Mexico was awarded nearly $3 million by a jury because she was served very hot coffee at McDonalds that caused burns. The case was later appealed and settled for an undisclosed amount of money.

FDA Shuts Down Portland Shellfish Co.

The seafood company Portland Shellfish Co. Inc. shut down last month due to dissatisfaction from the U.S. Food and Drug Administration. The company is known nationwide for its ready-to-eat lobster meat, but it looks like the business’s processing plants will need to be cleaned up in order to meet the FDA standards. Until then, the company’s distribution of seafood might not be able to continue.

Wallet Pop reports that Portland Shellfish has had four product recalls within the past two years. The most recent recall comes after FDA tests showed that manufacturing plants and facilities were contaminated with listeria monocytogenes. Listeria has the potential to cause gastrointestinal problems, fever, headaches and stiffness in healthy people, but can potentially be a life-threatening infection for children or for people with weakened immune systems.

Gene Cooley Awarded Over $400,000 in Libel Case

An internet user falsely stated that Gene Cooley of Blairsville was a pervert and drug addict in the comments section of an article on Topix.com. But it looks like Cooley was officially able to get revenge against the internet bully last month after a Union County jury awarded him $404,000 in a libel suit.

The Chicago Sun Times reports that the libelous internet postings were all published by one person, who was hiding behind six different user names on the Topix website. Cooley hired an attorney to track down the anonymous poster’s IP address so that a lawsuit could be filed against the person that posted false information.

Obama Wants Medical Malpractice Reform

Obviously President Obama does not want to repeal his own health care bill, but he surprised many Americans in his State of the Union speech this year by saying that he wants to bring down health care costs through medical malpractice reform.

According to the Los Angeles Times, the president is considering a proposal to eliminate "frivolous" medical malpractice lawsuits through a bill that could set a limit of $250,000 as the amount of money that plaintiffs can collect on pain and suffering damages in these suits.

Family Sues School District After Child Was Bullied

Can a school district be held legally responsible if a child suffers injuries from school bullies? WFTV.com reports that there's a growing trend across the country for parents to sue a school district if their child suffers from serious injuries based on bullying or harm from other students at the school.

The parents of a 15-year-old boy in Seminole County, Florida are suing their school district because their disabled son was allegedly abused by other kids at his school. The victim, Ned Charles IV, was sent to the hospital after he claimed that a bully at Tuskawilla Middle School stepped on his head and his stomach. The disabled child has a form of cerebral palsy and he told his teachers that he was being harassed by classmates before the incident.

Atlanta Horse-Drawn Carriage Driver Files Lawsuit After Accident

Many people in the Atlanta metro area will file a lawsuit if they become the victim of a car accident. Through the lawsuit, the plaintiff is usually looking to recover compensation for the losses due to injuries that resulted from the accident.

Victims of motor vehicle accidents can file suit even when they were driving an unconventional vehicle on the road. The Atlanta Journal-Constitution reports that a man who was seriously injured in an accident while operating a horse-drawn carriage is now suing a driver who allegedly hit his carriage from behind. The carriage driver, who was traveling with three passengers through downtown Atlanta, reportedly sustained a broken clavicle, six broken ribs, a fractured neck and a head injury from the crash.