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COVID-19 has thrust us into a global crisis unprecedented in the century since the Spanish Flu epidemic of 1918-19. It is not merely disruptive in our daily routines. It involves life, death and enormous hardship in massive scale, probably for a prolonged time.  In this new reality, some of the routines dealing with individual injury cases may be eclipsed by a near term future we did not anticipate just a few weeks ago.

The “new normal” after the end of this pandemic is impossible to discern. Some pundits have emphasized hope that after the entire population passes this crucible of…

Though common in litigation, confidential settlements can be controversial.

While confidentiality agreements had help expedite settlement, there are concerns that secret settlements can work against public safety by covering up health and safety hazards. As with much in life, the hardest choices are not between good and bad, but between good and good, and between bad and bad.

Under a confidential settlement agreement or order, some or all terms of a settlement are kept secret. Defense lawyers routinely include a confidentiality clause in a proposed release when there is a large settlement. Sometimes it is a throwaway item in a…

bright-ideaNo matter how many years a lawyer has practiced, there is no end to the need for exposure to bright new ideas from the best lawyers around the United States.

Over the past year, I had the opportunity to serve as chair of the Motor Vehicle Collision, Highway and Premises Liability Section of the American Association for Justice (AAJ). The largest section of AAJ, it encompasses the work of most “meat and potatoes” personal injury and wrongful death lawyers in America.

The section includes over 2,500 trial lawyers in all 50 states and specialized litigation groups on trucking litigation, bus…

Many prospective clients in serious personal injury and wrongful death claims ask questions about legal fees and litigation expenses in handling their cases. As an Atlanta personal injury trial attorney handling serious injury and death cases across Georgia, and as an individual who remembers very well what it is like to be flat broke and in debt, I am very sensitive to those questions.

The short answer is that in handling personal injury and wrongful death cases for individuals and families, I do not require any money up front from clients whose cases I accept. I evaluate the merits of…

Georgia State Capitol 1904

The Georgia Chamber of Commerce held a forum on tort reform last week. According to today’s Daily Report, Rep. Rich Golick, chair of the House Non-Civil Judiciary Committee who is a corporate attorney for Allstate Insurance Company in his “day job,” told the attendees:

“Go talk to the plaintiffs bar. … See if consensus can be struck,” he said. “I beseech you — it’s the middle of August and there is a run-off and a general election — now is a great time for quiet conversation in quiet rooms where consensus

…

Cruise ships are like floating cities with thousands of passengers on board. Usually a lot more fun than the typical workaday city, but probably no less likely to involve accidents and injuries.

Cruise ship lines cannot guarantee that no one will get hurt aboard, but they do have a responsibility to prevent dangerous conditions on board that can cause serious injury to its passengers. When a cruise ship accident occurs because of poor maintenance, incompetent or  improperly trained employees, inadequate safety equipment or emergency precautions, the cruise  line can be held accountable.

Cruise ship tickets typically have a provision that…

In the past 10 days this plaintiffs’ trial lawyer, in the capacity of State Bar of Georgia president, has co-presided over a joint meeting of the State Bar Executive Committee and the Georgia Supreme Court, had a joint press conference with the Attorney General of Georgia and spoke at a lunch meeting that included general counsels of some of Georgia’s leading corporations. In 75 days, I will complete my term as State Bar president and get back to practicing law full-time.

I do not expect any favoritism from anyone as cases must be decided on their merits.  But if a…

As president of the State Bar of Georgia, I often have occasion to speak at events that extend beyond my own personal injury, wrongful death and commercial trucking law practice. The following is excerpted from my presentation — “Trial Preparation: 30 tips in 30 Minutes” – at the Georgia Law of Torts seminar at Mercer University Law School in Macon on September 23, 2011.

7. Draft jury instructions early.

Judges are understandably most comfortable using pattern jury instructions. Prior to drafting the complaint and discovery, compile all the applicable pattern jury instructions and prepare a preliminary draft of additional charges…

Over the years in my Atlanta personal injury practice, I have worked on cases involving catastrophic tire failure. It has certainly made me more alert to issues when tire issues arise with vehicles in our family. 

And it helped to increase my patience with the replacement process when I recently ran over some sort of metal strip on an exit ramp, resulting in the loss of both front tires — one immediately and the other a couple of days later when I was still driving on my spare.

At the risk of sounding like President Wilson, here are my "Fourteen Points" for tire safety, with thanks to California lawyer Mike Danko and Gerry Maloy at MSN:

1. No on-the-rim repairs. The tire must be dismounted so that the tire can be properly inspected and sealed against moisture. Short cuts on this can put the survival of your DNA at severe risk.

2. No repairs near the shoulder. This is the weakest part of the tire.  Only holes in the middle of the tire can be repaired.  If you pick up a nail near the shoulder, just spring for the price of a new tire. It’s cheaper than a funeral.

3. New tires go on the rear.  Installing the new tread on the front can lead to loss of control.

4. Check tire pressures and adjust at least once a month. According to the National Highway Traffic Safety Administration (NHTSA) on tire-related crashes, the leading cause of tire failure is underinflation.

5. Inspect tires regularly for abnormal wear or damage. This is easily done at the same time you check pressures. If repair is needed, see #1 above.

6. Rotate tires every 6,000 miles or according to owner’s manual. I know, this is as boring as flossing teeth, but uneven wear pattens can have really bad outcomes such as catastrophic tire failure, rollover, death, quadriplegia, etc.

7. Maintain tires in proper balance.  See #6.

8.  Maintain steering and suspension in proper alignment. See #6 again.

9. Never overload a tire. Overloading is the second leading cause of tire failure, next to underinflation. So don’t load down your old Pinto with rocks  to build that cool stone patio and outdoor fireplace for the coming spring. Read the load capacity stuff in the owner’s manual.

10. Avoid overheating tires.  Excessive speeds, heavy loads, underinflation, rough pavement or concrete, and aggressive driving all contribute to high tire temperatures. All these, especially in hot weather, can lead to sudden tire failure.See #6 again re: bad outcomes.

11. Replace tires when . . .

  • Any portion of the tread is worn to the "wear indicator bars"—lateral bars molded into the tire grooves at about 20 percent of their new tread depth—or to a depth, as measured in a groove, of 1/16th inch or less.
  • Tread wear is severely uneven (in which case have the wheel alignment checked) or the center is worn much more than the edges. (See #6 again about bad things happening to good people.)
  • The tire sidewalls are severely cracked or there are bulges anywhere on the tire.
  • There is any indication of tread separation from the tire carcass.
  • The tire has been punctured and cannot be satisfactorily repaired. (See #1 & #2 again.)

12.  Install tires in matched pairs or complete sets.  I just taught this one to my frugal daughter who had one tire go bad. I hope she remembers when she, rather than Dad, is paying for the tires.

13.  Select the right tires for your vehicle and driving environment. There is quite a variety of specialized tires available. In our generally mild southern climate, "all season" tires are generally good enough for most of us. My daughter’s boyfriend is an advocate of snow tires in upstate New York, where they are in college. I tell her to ride with him in the winter since we Southerners don’t know how to drive on that stuff anyway.

14. Review 1 through 13. I didn’t really have "Fourteen Points" but as a former history major, I couldn’t resist a nod to the President who once had a law office near where our Georgia Bar Center now stands.

This afternoon in Douglas County, my former home, a 2001 Ford Explorer crashed due to tread separation on a tire and predictable driver reaction to that event. The 39 year old driver from Austell was killed.

Tire failure is a well known cause of fatal crashes. Some time back I made the joint damages presentation for a team of products liability lawyers who recovered a total $9.2 million for members of a college cheerleading squad who were riding in a passenger van that rolled over after tread separation in a defectively manufactured tire.