Wrongful Death

Subscribe to Wrongful Death via RSS

CW Transport, LLC is a four-truck garbage hauling company in metro Atlanta. Though small in size, it is large in vehicle maintenance and unsafe driving violations. That bad record culminated in an incident in which the transmission parts from a CW Transport truck flew off the truck, across the median of I-20 and through the windshield of a Chevy Blazer.

That flying transmission part sliced off the arm of a young mother, Jemeka Malone, and killed her 8-year-old son, Cameron McIlwain. Ironically, the husband and father, Quantaine Malone, is himself a long-haul truck driver. This incident was featured in the…

ABCO Transportation, Inc., a refrigerated freight haulder based in Dade City, Florida, has had for several years an unsatisfactory record of unsafe driving violations with the Federal Motor Carrier Safety Administration. When a trucking company has a record as bad as ABCO, often there are issues of management turning a blind eye to safety, in my experience as a trucking trial attorney.

ABCO’s poor safety record culminated July 2012 when an ABCO truck driver ran a red light on Thornton Road in Douglas County, Georgia, causing a tragic crash that took the lives of two AutoTrader.com employees and injured…

Recently we concluded settlement of a case in which a drunk on the wrong side of the road struck and killed a woman driving to a church breakfast. One moment she was driving safely and prudently down a quiet country road. The next moment an intoxicated stranger crossed the center line and crashed head-on into her. Instantly she entered eternity, leaving a grieving family behind. Such tragedies occur far too often. It happened again last week in Lawrenceville.

Numerous traffic law violations may be implicated in such a crash, such as operation of a motor vehicle while under the…

A tractor trailer’s excessive speed in a curve was blamed for the big rig tipping over May 2012, killing a woman en route to pick up the diploma of her daughter who had graduated from high school earlier that week, according to a report by Robert Salonga in the San Jose Mercury News.

In San Jose, California, taking an exit on I-680, Hieu Huynh was  riding in a Toyota Camry driven by her daughter. The daughter saw a truck coming and tapped her brakes to create some space.  She didn’t see the rig tipping over, but her mother did. …

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…

My law practice is focused on commercial trucking accidents, personal injury and wrongful death cases for plaintiffs. As president of the State Bar of Georgia, I have many occasions to speak to groups, both in and out of my practice area. 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.

12. Video recording of defendant depositions.

A party may videotape any deposition upon notice that it will be so recorded. OCGA 9-11-30 (b)(4); FRCP 30…

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…

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.

———–

5 . Social Media.

Social media can be “self surveillance” that hands a loaded gun to the other side in litigation. Discuss with a potential client whether she might consider taking down any Facebook, MySpace,…

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.

2. Invest in the interview.

An attorney’s commitment to a serious contingent fee case is a major investment of time and resources. Do your due diligence as you would with any major investment. Set aside enough…

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.

1. Begin with the end in view.

    It is tempting to assume that cases are likely to settle rather than go to trial. While most cases do settle, that assumption leads to laziness and lack of…