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Blood Alcohol Scores After Death Can Be “False Positive” Up To 0.20

In handling wrongful death and life insurance claims for clients, I learned years ago that blood alcohol tests after a person dies may not be reliable. Due to postmortem fermentation when a body is not kept cool after death, there can be “false positive” blood alcohol reports up to 0.20 grams/% — 2 ½ times … Continue Reading

The challenges of a long haul trucker: another 4 AM Spaghetti Junction truck crash

Most long haul truck drivers are decent, hardworking folks who chose truck driving as a way to support their families even though it keeps them on the road away from home most of the time.

At my childhood home in rural Alabama, a lot of my friends’ dads were over the road truck drivers because it … Continue Reading

Summer Break: Shigley’s Swimming Hole in Alabama

Folks, this post has nothing to do with law.  Appreciating the simple joys of a Southern summer, I just want to share a video someone posted of the “Shigley Hole,” an old swimming hole on land my great-grandparents homesteaded in the late 1800s near Little River Canyon in northeast Alabama.

I can just imagine my late … Continue Reading

9 Tips to Prevent Child Heat Stroke

Recent news stories of tragedies when young children were left in hot cars have generated passionate debate in metro Atlanta and across the country.
Certainly any parent who intentionally leaves a child in a hot car to suffer and die should be prosecuted and harshly punished. As a former prosecutor, I find myself wondering whether, if … Continue Reading

“Move or get hit” reported on Wal-Mart truck driver’s Twitter profile after fatal crash

The Atlanta Journal-Constitution has reported that the Twitter profile of Kevin Roper, the Wal-Mart truck driver who had been awake 24 straight hours before a fatal crash in New Jersey, had included the phrase, “move or get hit.”
This illustrates what my friend Andy Young in Ohio pointed out to me last year about the practical … Continue Reading

Georgia Supreme Court holds that plaintiffs’ attorney fees under O.C.G.A. § 9-11-68 can’t be based solely on contingent fee agreement

The Georgia Supreme Court on June 16, 2014,  in the case of Department of Corrections v. Couch, held that attorney fees awards for plaintiffs under the Officer of Judgment / Offer of Settlement statute (O.C.G.A. § 9-11-68) cannot be based solely upon the plaintiff’s contingent fee agreement. Just what would be sufficient remains somewhat unclear.
The … Continue Reading

GM Recalls 3.16 Million Vehicles, Including Every Camaro Built Since 2010

On Monday, General Motors recalled another 3.16 million vehicles built between 2000 and 2014. This was because those vehicles have ignition switches that “may inadvertently move out of the ‘run’ position if the key is carrying extra weight and experiences some jarring event.”
That comes on top of last weeks’ defective products recall in which every … Continue Reading

Georgia Wal-Mart truck driver awake 24 hours, kills comedian in NJ

A Georgia tractor trailer driver for Wal-Mart who had been continuously awake for 24 years caused a deadly pile-up early Saturday morning in New Jersey.  Although details are still emerging about the crash, we do know a Georgia truck driver is charged in the New Jersey crash that killed comic James McNair, 62, of Peekskill, … Continue Reading

Remember Pool Safety This Summer

It was a Friday evening in Gainesville Georgia. Three-year-old twins John and Koraleigh were in their grandparents’ front yard with teenage brothers and their girlfriends. The teens had brought a television from inside and were planning a “movie under the stars.” Mom was at her home next door but assumed the children were being watched … Continue Reading

Memorial Day BUI Arrests Decrease This Year

There is good news at the beginning of Georgia’s summer boating season.  The Georgia Department of Natural Resources reported Wednesday that there were ten less Boating Under the Influence (BUI) arrests this Memorial Day weekend compared to last year.
In 2013, the legislature passed and Governor Nathan Deal signed into law legislation lower the blood-alcohol content … Continue Reading