The Atlanta Injury News Blog

April 2011 Archives

Wrongful Death Lawsuit Filed Against Emory Healthcare

A 25-year-old man with a history of a number of medical problems signed up to be part of a sleep study at the Emory Sleep Center in Atlanta. The study, which involves being hooked up to sensors and being videotaped while sleeping, took an unexpected turn when a patient collapsed and died.

Now the parents of the victim are filing a wrongful death lawsuit against Emory Healthcare, alleging that the hospital was negligent in conducting the study. Fox News reports that when the case goes to trial, a jury will face the task of determining if Emory Healthcare was negligent in conducting their sleep study or if the victim Brandon Harris died because of an unrelated health issue.

Georgia Residents Sue After Elevator Accident Results in Death

Now there's a new reason to be scared of elevators. Courthouse News Service reports that an elderly couple from Brunswick, GA died in their home elevator after it became stuck between two floors. What's even worse is that the emergency phone inside of the elevator apparently didn't work and the couple, who were 90 and 88 years of age, were trapped for days before they were eventually found.

The children of the deceased couple are now filing a lawsuit against South Georgia Elevator and its agent Ronald Hickox for negligence and wrongful death. The suit alleges that the defendants failed to repair the home elevator properly and failed to see that it had a working telephone.

Use of Excessive Force Prompts Lawsuit Against Warner Robins Police

Kyle Colbert Sims, a Fayetteville man, claims that he was physically assaulted by several Warner Robins police officers last year, even after he agreed to cooperate with an arrest. After he was placed in handcuffs at the time of his arrest for allegedly trying to cash a fraudulent check and then getting into a fight with officers, Sims says that officers used excessive force by spinning him around and slamming him face-first onto a concrete surface. reports that Kyle Sims now hopes to get his day in court by filing legal action against the law enforcers. With help from an Atlanta attorney, Sims filed a lawsuit in Macon's federal court on April 15 against five Warner Robins police officers, their supervisor and the city of Warner Robins.

CPSC Recalls Pacific Trade Tea Candles

The U.S. Consumer Product Safety Commission (CPSC) has recalled more than seven million tea candles imported by Pacific Trade International due to a burn hazard. This may seem like an odd reason to recall candles, as burning wax is usually what people intend to do when they light a candle.

Yet a CPSC press release states that these specific tea candles are covered by a clear, plastic cup that can melt or ignite a larger fire than desirable. No injuries or incidents of property damage have been reported when it comes to the candle use, but Pacific Trade has received at least one report of a plastic cup around the candle melting while in use.

P. Diddy Facing Lawsuit After Bodyguards Attack Atlanta Photographer

Being a bodyguard for a famous celebrity like P. Diddy doesn't give you total license to get physically violent with others. Perhaps the hip-hop mogul might want to rein in his posse just a bit after this latest incident following the BET Hip-Hop awards.

An Atlanta photographer is now going as far as filing a lawsuit against Sean "P. Diddy" Combs and four of his unnamed bodyguards. The photographer claims that he was beaten by the bodyguards while working at at Club Mansion Elan on Clairmont Road. The Atlanta Journal-Constitution reported that the lawsuit, which also names the nightclub as a defendant, was filed last week in DeKalb County State Court.

Family Awarded $6.9 Million After Child Suffers From Brain Injury

An 18-year-old boy from Cinco Bayou, FL was awarded nearly $6.9 million in a personal injury suit after proving that he suffered from a permanent brain injury at a 2007 event. The Walton Sun reports that the young man named Dakota suffered from injuries when he was 14 years of age while playing in an inflatable “bungee run” at a school’s Touchdown Club fundraiser.

That “bungee run” ended up being a bad idea. The activity involved Dakota being strapped to bungee cords and then running to the end of what resembled a bowling alley lane. After getting off the run, the boy went into convulsions and had to be transferred to a hospital by helicopter. Dakota had to undergo surgery so that a piece of his skull could be removed in order to ease the brain from swelling.

Parents Taking Legal Action After Toddler Gets Drunk at Applebee's

The legal drinking age in every U.S. state is 21, but it looks like some restaurant servers need to be a bit more careful not to serve alcohol to children or underage individuals. Reuters reports that the Applebee’s restaurant chain is now facing a lawsuit after parents in Michigan accused a server of giving their 15-month-old son an alcoholic margarita when the parents ordered apple juice for the boy.

The drunk toddler was apparently so impaired after drinking the beverage that he wouldn’t even have been able to legally drive a car, assuming for the sake of argument that he was of legal drinking age and had a valid driver’s license. The lawsuit states that the child had a blood-alcohol content of .10 percent after sipping the drink and that he had symptoms of a hangover for a period of days after the incident.

Student Injured After Teacher Throws Shoe in DeKalb County

Brenda Williams claims that a teacher at Lithonia Middle School in DeKalb County deliberately threw her shoe at her sixth-grade son. Apparently, the boy was talking too much in class, which caused the teacher to take off her shoe and throw it at the boy.

Fox News reports that the shoe hit Williams' son in the forehead, causing injury. Williams says that the teacher claimed that the shoe throwing episode was an accident, yet it's difficult to believe that such an incident would arise accidently. The mother, who believes that the shoe throwing was deliberate, is now considering taking legal action against the DeKalb County school district because of the injury to her son.

Lower Rates of Salmonella Are in Organic Chicken

When you're shopping for poultry in the grocery store, there's often the question of whether you want to purchase a certified-organic broiler chicken or a conventionally raised chicken. Some things to consider include the facts that the USDA-certified organic chickens are humanely raised, have no added hormones and are free from genetically modified feedstuffs. The conventionally raised chickens, on the other hand, are raised with little floor space and are given drugs to speed up their growth rate before they're killed.

Many people will choose to buy the conventionally raised chickens rather than the organic chickens because of the price. However, now there's a new reason to consider the organic option.

CPSC Recalls Williams-Sonoma Hot Chocolate Pots

Owners of the Williams-Sonoma hot chocolate pots may need to find a new way to heat up their beverage because the product has been voluntarily recalled. The Associated Press reports that the recall is due to incidents of the pot's handle breaking off, which has the potential to create a burn or laceration hazard.

The recall, which was announced by the Consumer Product Safety Commission (CPSC) on Wednesday, includes 28,000 hot chocolate pots in the United States and another 700 units in Canada. The hot chocolate pots were sold for between $30 and $40 at Williams-Sonoma stores nationwide, through the company's catalogs and through the company website from October 2010 through January 2011. The recalled hot chocolate pots were manufactured in China and are labeled as item number 2981454 or 4986535.

Cracks Found on Southwest Planes

Southwest Airlines canceled hundreds of flights earlier this week as a result of its Boeing 737-300 inspections. According to the Associated Press, the airline said in a statement that two of its Boeing 737-300 planes had cracks, which needed to be evaluated and repaired before returning to service. The National Transportation Safety Board said later that a third plane also had cracks developing.

The inspections are at least partly due to a Southwest plane having its fuselage rupture after a takeoff in the city of Phoenix last week. The flight had 118 people on board and the pilot was able to make a controlled descent from 34,400 feet into a southwestern Arizona military base. Nobody was seriously injured from the plane's malfunction.

Atlanta Graffiti Artists Facing Lawsuit For Property Damage

Two residents of the Roane on Edgewood Avenue and the Atlanta business Jenkins Metal & Supply have filed a lawsuit against a group of graffiti taggers and well-known street artists in the community, alleging intentional destruction of property and emotional distress. With community members now taking legal action, there seems to be a growing trend against Atlanta graffiti artists.

According to The Atlanta Journal-Constitution, the lawsuit against the taggers was filed in Fulton County State Court last week. The plaintiffs in this case claim that they have spent countless hours and thousands of dollars removing spray-painted names off their property.

The Dangers of Distracted Driving in Atlanta

The U.S. Department of Transportation found that distracted driving accounted for a half a million injury accidents and nearly 34,000 deaths in the year 2009. Not only is cell phone use behind the wheel dangerous, but such accidents often end up being the subject of local personal injury lawsuits.

Fox News reports that one Atlanta woman named Cynthia Williams is trying to do everything that she can to warn teenagers and their parents about distracted driving. Williams' 17-year-old son died in 2006 when he was a passenger in the vehicle of a distracted driver, who was texting while speeding.