Monthly Archives: December 2006

Oklahoma court holds tort reform provision unconstitutional

In the case of Zeier v. Zimmer, Inc.,  2006 Ok. 98 (12/19/06), the Oklahoma Supreme Court has held that a medical malpractice affidavit pleading requirement similar to the one adopted in Georgia violates a "special law" provision of the Oklahoma constitution similar to a provision of the Georgia constitution. The Oklahoma case is summarized … Continue Reading

“Sweat shops on wheels” increase safety hazards

Recent articles in the New York Times and Chicago Tribune critique the causes of safety problems in the current trucking industry.  Much of the focus of the Chicago Tribune article is on the Bush Administration’s decision to increase the permissible driving hours and working hours for truck drivers.  The New York Times article digs a … Continue Reading

Safety groups & Teamsters challenge hours of service rule

In a petition filed in court on Dec.5, five groups – The Truck Safety Coalition, comprised of the Teamsters; Citizens for Reliable and Safe Highways; Parents Against Tired Truckers; Advocates for Highway and Auto Safety; and Public Citizen – asked the court to review the revised hours-of-service (HOS) rule that was issued by FMCSA on … Continue Reading

Fatigue-alyzer?

Driver fatigue is a major cause of highway accidents, including those involving long-haul truckers.  However, it can be difficult to prove fatigue was the cause of a crash since the crash itself wakes up the driver, despite the occasional confession and the strong inferences that can be drawn from truck driver logs that are not … Continue Reading

American Association for Justice

As of today, the Association of Trial Lawyers of America is no more.  The new name of the organization is the American Association for Justice.  After a vigorous debate, it was determined that rebranding the organization would help to reframe the debate about the role of the civil justice system by taking the focus off … Continue Reading

Ex-convicts reported to have high accident rates as commercial truck drivers

 Of 953 truckers faulted in fatal crashes from 2000 through 2005, a  Dallas Morning News investigative report found, at least one in four had been convicted of a criminal offense or received deferred adjudication before the crash.  Over 14 percent had committed drug or alcohol offenses prior to their accidents, and more than one in … Continue Reading

Juror questions to witnesses

For several years in Georgia and across the country, there has been a quiet debate about whether trial courts should allow or encourage jurors to submit questions to be asked of witnesses.  A 2003 article in Kent Law Review summarizes the issues on both sides of the debate. Maybe I’m a "control freak" (as a … Continue Reading