Monthly Archives: March 2005

A win for the home team in dentist’s disability insurance case

A federal court win for the home team was just published at Giddens v.The Equitable Life Assurance Society of the United States, 356 F.Supp.2d 1313(N.D.Ga.,2004) [Westlaw $$$].
We represented a dentist / real estate developer on a disability insurance claim after he had liver failure requiring a liver transplant at the Mayo Clinic. The insurance company … Continue Reading

House Judiciary Chairman says tort reform law needs revision

In an article published in the Savannah Business Report, House Judiciary Committee Chairman Wendell Willard (R-Sandy Springs) gave an overview of some of the deficiencies in Senate Bill 3, the tort reform bill that was railroaded through the legislature this winter. Hasty draftsmanship, confused wording, ambiguous language, half-baked provisions, and goals that seem to conflict … Continue Reading

Trucker’s U-Turn on I-35 at 5 AM fatal to another trucker

Arkansas City, Kansas, 3/23/05. One truck driver was killed in a crash caused by another truck driver attempting a u-turn on I-35 at 5 AM. See article.
U-turn on the interstate? The list of potential violations of state traffic laws (improper turning, failure to yield, etc.) and Federal Motor Carrier Safety Regulations (failure … Continue Reading

3 tractor trailers crash on I-59 in Mississippi at 2:44 AM

Near Poplarville, MS, at 2:44 AM 3/16/05, three 18-wheelers crashed and shut down the Interstate for several hours. The mess began when automobile carrier lost control and veered across the median, The trailer, which was carrying vehicles, came to rest blocking the roadway. Then another 18-wheeler struck the trailer, followed by a third 18-wheeler. … Continue Reading

Fatal Kentucky crash caused by trucker falling asleep

On I-65 in Kentucky, about 10:30 PM on 3/23/05, a semitrailer driver fell asleep at the wheel and caused a multiple-car pileup that left one man dead. His semitrailer crossed the median into the northbound lane and clipped the rear of another semitrailer. A flatbed utility truck then ran into the back of the second … Continue Reading

Georgia trucker killed in 4 AM crash in SC

A truck driver from Pooler, Georgia was killed at 4 AM on 3/24/05, when his semitrailer veered off northbound I-95 in South Carolina, and crashed into a grove of trees in the median. A police spokesman said, “We don’t know if it was a medical condition or if he fell asleep or what at this … Continue Reading

Sealed load of bell peppers overturns in Alabama, beer cans in truck cab

Nearly 23,000 pounds of bell peppers en route from El Salvador to Canada spilled Wednesday when a tractor-trailer flipped, forcing authorities to close northbound lanes of Interstate 65 in northern Alabama for 15 hours. Alabama state troopers confiscated beer cans from the scene. See Decatur Daily article and WAFF News story.
49 CFR § 382.201 … Continue Reading

One of venue provisions in SB 3 held unconstitutional

Last week Judge Tony DelCampo in the State Court of DeKalb County held unconstitutional a provision of Georgia’s new tort reform statute affecting venue in medical malpractice cases. Section 9-10-31(c) provides for a medical malpractice defendant to transfer venue to the county where a negligent act occurred. Judge DelCampo held that this provision … Continue Reading

Fatal crash with trailer that got stuck across highway in u-turn

In San Luis Obispo, at 1:49 AM on 3/22/05, a local radio personality was killed when his vehicle struck the side of a tractor-trailer rig that got stuck over an hour earlier in the middle of a U-turn, blocking all lanes. Police were setting out flares, but had not yet set flares on the side … Continue Reading

Will dismantling of DMVS increase truck wrecks in GA?

The General Assembly could pass legislation this week to dismantle the state Department of Motor Vehicle Safety, though it’s not clear why. See article.
“Representatives of the Federal Motor Carrier Safety Administration and the Federal Highway Administration indicated that, historically, there is a transition period after this type of change of 1 to 4 years … Continue Reading