Atlanta Injury Law Blog

It has been a very rainy July in Georgia. All over the state we have seen news coverage of flooding in places that never flooded before. Countless Georgians have seen enormous flood damage to their homes and businesses, and living outside what was normally considered a flood zone, they probably did not have flood insurance.

Why? Look at what has been happening upstream. Unfortunately, too many developers and the local governments which are supposed to regulate them have not learned how to develop land without damaging downhill/downstream neighbors.

For more than a hundred years in Georgia, folks damaged by such a "nuisance" have had the right to recover not just "special" (out of pocket) damages, but also damages for the "loss of use and enjoyment" of their property. The measure of such damages is the enlightened conscience of a fair and impartial jury. What's the value of being forced out of your home, as your home and all your worldly possessions drowned in nasty flood water?

The common excuse is "act of God", e.g., 'these hurricanes are doing it'. Sometimes that is true. But rain -- sometimes very heavy rain -- is foreseeable. When there is flooding where no flooding has been before, and uphill/upstream woods & pastures have been converted to rooftops, paving and lawns, there is no doubt what has caused the flooding. An expert + aerial photos proves the cause, and the developer has no defense.

Sadly, despite the fact local governments are supposed to regulate development and protect their own existing taxpayers who already live there, many local governments do not protect their citizens against this abuse. Too often, local governments are under the control of the development community. EPD can't do the job. It has been starved of funds and restricted for decades, and the DNR Board is largely controlled by the development community.

In many such instances, an expert aided by aerial photos can prove the case against an upstream developer who creates a "nuisance" that needlessly exposes downstream neighbors to flood risks. If flooded neighborhoods band together to seek recovery, they can prevail.

The Atlanta Journal Constitution on Sunday featured a report on the courthouse security problems that helped set the stage for the murders of Judge Rowland Barnes, his court reporter and a deputy sheriff, and the subseqent crime spree of suspect Brian Nichols. "The failures reflect long-standing problems in the department — rampant absenteeism, conflicting allegiances, a disregard for physical fitness, ineffective management and poor emergency preparedness." See article below.

None of this comes as a great surprise to those of us who have frequented the Fulton County Courthouse over the years.

The Fulton County Daily Report published an article on April 19th, reporting that Judge Rowland Barnes' widow may sue for negligent courthouse security. Judge Barnes, along with his court reporter and a deputy sheriff, were killed on March 11th after Brian Nichols, defendant in a rape trial, overwhelmed a female deputy sheriff and took her gun.

Mrs. Barnes has retained the preeminent trial lawyer Tommy Malone. It was not immediately known if the family of BARNES’ court reporter, Julie A. Brandau, or the families of the other victims—Sgt. Hoyt K. Teasley and federal agent David Wilhelm—had retained counsel. Fulton County Attorney Overtis H. Brantley said Monday she had not received notice that someone intends to sue the county over the shootings. Malone said he still needs to examine the events of March 11 and determine what happened. “Our first job is investigation,” he said. “To separate rumor from fact.”

Please post your analysis of the legal issues involved in suing the county, the sheriff, or others in this situation.

Jennifer Wilbanks went for a run a few evenings before the big wedding she had planned, and kept running. She took a cab to the bus station and turned up in Albequerque several days later with a false report that she had been abducted. A media feeding frenzy ensued, helping to boost cable news ratings as the Michael Jackson trial becomes old news. Now the Gwinnett County District Attorney is talking about criminal prosecution and the City of Duluth wants her to pay for the extensive police search.

Who cares, and why? (Frankly, I preferred the "Runaway Bride" movie starring Smyrna native Julia Roberts.) Perhaps most disturbing question is the similarity to the fable of the little boy who cried wolf. What will be the implications when another young woman goes missing, and really is kidnapped? Will authorites then falsely assume they have just another case of a someone with a screw loose ducking out on a challenging situation?

What do you think of the legal issues involved? Can or should she be prosecuted on a criminal charge? Why or why not? What grounds, if any, are there for a civil action to require restitution for the costs of the search?

Below are links to just a few of the many news stories this case has generated. Please post your comments on the legal implications only.