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	<title>Law Tips And Info &#187; Injury Law</title>
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		<title>Atlanta taxi death case underscores scandal of our taxi fleet</title>
		<link>http://www.lawtipsandinfo.com/atlanta-taxi-death-case-underscores-scandal-of-our-taxi-fleet/</link>
		<comments>http://www.lawtipsandinfo.com/atlanta-taxi-death-case-underscores-scandal-of-our-taxi-fleet/#comments</comments>
		<pubDate>Wed, 11 Aug 2010 02:37:31 +0000</pubDate>
		<dc:creator>Ken Shigley</dc:creator>
				<category><![CDATA[Injury Law]]></category>

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     http://www.atlantainjurylawblog.com/injury-law-atlanta-taxi-death-case-underscores-scandal-of-our-taxi-fleet.html
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		<description><![CDATA[
     <p>Today the Georgia DOT settled for $600,000 a hotly contested <a href="http://www.ajc.com/news/atlanta/state-dot-settles-wrongful-589047.html">wrongful death case that included claims of negligent right of way maintenance by the City of Hapeville, negligent highway design by GDOT</a>, negligent taxi inspection by the City of Atlanta, and a taxi operating with bald tires on a rain slick roadway.</p>
<p>The more significant fact barely mentioned in the news story is the scandalous lack of safety accountability in Atlanta's taxi fleet. Every day thousands of travelers take taxi cabs from the airport,  blissfully unaware of the inadequacy of safety inspections or financial  accountability in Atlanta's taxi industry.</p>
<p>The city government has sovereign immunity with regard to negligent inspection of taxis, so there is no accountability to innocent victims when a city government lets a cab get by inspection with bald tires.</p>
<p>From the beginning of taxi service in Atlanta, cabbies have operated as independent contractors for the brand name taxi companies, with minimal liability insurance.</p>
<p>Last year, in the case of <em>Lopez v. El Palmar Taxi, Inc</em>., 297 Ga. App. 121 (2009), the Court of Appeals ruled once again that a taxi company is not vicariously liable for the negligence of its &#34;independent contractor&#34;&#160;driver who operated a taxi with the company's logo, picking up passengers who called the company, and following the company's rules, because the driver was deemed to be an independent contractor. At least in that case, the court allowed the case to go to the jury on a theory of apparent agency. However, a cab company can evade accountability under that legal theory simply by posting on and in the cab a subtle statement that the driver is an independent contractor.</p>
<p>Compounding the scandal is that taxi cabs in Georgia are only required to carry the minimum liability insurance required of all passenger cars, $25,000 per person and $50,000 per accident. Thus, a business traveler arriving at the Atlanta airport and taking a taxi downtown, who suffers a disabling injury due to even gross negligence of the cab driver or in the maintenance of the cab, can only recover $25,000.&#160; <a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html">If that business traveler is killed,</a> his or her survivors may be unable to recover more than $25,000 from the taxi's insurer.</p>
<p>By contrast, intrastate motor carriers who merely haul freight must have $100,000 liability insurance, and interstate motor carriers hauling freight must have at least $750,000 liability coverage.<span class="InformationalSmall"> Moreover, the <a href="http://www.atlantainjurylawyer.com/trucking-accident-attorney-lawyer-1183771.html">Federal Motor Carrier Safety Regulations prohibited trucking companies from hiding behind the &#34;independent contractor&#34; dodge since 1956</a>.<br />
</span></p>
<p>My advice to visitors to our city arriving at Atlanta's Hartsfield-Jackson International Airport is to avoid taking a taxi.&#160; Either arrange to be picked up by a limo service, or take the MARTA train as I&#160;usually do.&#160; When I&#160;came in from the west coast on a redeye flight Monday morning, MARTA was a clean, pleasant, convenient and cheap way to get to the Medical Center station where my wife picked me up.</p>
           <p>&#160;</p>
<p style="margin-left: 40px">&#160;</p>
<p style="margin-left: 40px"><em><em><em><a href="http:///">Ken Shigley</a>, </em></em></em><em><em><em>author    of <a href="http://west.thomson.com/productdetail/170252/40121074/productdetail.aspx">Georgia           Law of Torts:&#160;Trial Preparation &#38;&#160;Practice</a></em></em></em><em><em><em><em>, </em></em></em></em><em><em><em>is</em></em></em><em><em><em>&#160;</em></em></em><em><em><em>    a  Certified Civil Trial Advocate of the National Board of Trial              Advocacy, and has been listed as a &#34;Super Lawyer&#34; (Atlanta       Magazine),        among the &#34;Legal Elite&#34; (Georgia Trend Magazine), and       in the Bar        Register of Preeminent Lawyers.</em></em></em><em><em><em><em>        </em></em></em></em><em><em><em>He practices law at the Atlanta    law    firm of  Chambers, Aholt &#38;&#160;Rickard, and&#160;</em></em></em><em><em><em>has      broad experience in&#160;<a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008519.html">catastrophic             personal injury</a>, </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html">spinal             cord injury, </a></em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html">wrongful             death</a>, </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/products-liability-lawyer-attorney-1008518.html">products              liability</a>,&#160; </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008537.html">brain             injury</a> and <a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008539.html">burn             injury </a>cases. </em></em></em><em><em><em> He is also  president-elect of the State    Bar  of    Georgia.</em></em></em><em><em><em>  </em></em></em><em><em><em>This post is   subject to our <a href="http://www.atlantainjurylawyer.com/attorney-lawyer-1008563.html">ethical             disclaimer</a></em></em></em>.</p>
<p>&#160;</p>
     
    ]]></description>
			<content:encoded><![CDATA[<p class="syndicated-attribution">By 
   Atlanta Injury Law Blog
  , Ken Shigley. </p>

     <p>Today the Georgia DOT settled for $600,000 a hotly contested <a href="http://www.ajc.com/news/atlanta/state-dot-settles-wrongful-589047.html">wrongful death case that included claims of negligent right of way maintenance by the City of Hapeville, negligent highway design by GDOT</a>, negligent taxi inspection by the City of Atlanta, and a taxi operating with bald tires on a rain slick roadway.</p>
<p>The more significant fact barely mentioned in the news story is the scandalous lack of safety accountability in Atlanta's taxi fleet. Every day thousands of travelers take taxi cabs from the airport,  blissfully unaware of the inadequacy of safety inspections or financial  accountability in Atlanta's taxi industry.</p>
<p>The city government has sovereign immunity with regard to negligent inspection of taxis, so there is no accountability to innocent victims when a city government lets a cab get by inspection with bald tires.</p>
<p>From the beginning of taxi service in Atlanta, cabbies have operated as independent contractors for the brand name taxi companies, with minimal liability insurance.</p>
<p>Last year, in the case of <em>Lopez v. El Palmar Taxi, Inc</em>., 297 Ga. App. 121 (2009), the Court of Appeals ruled once again that a taxi company is not vicariously liable for the negligence of its &quot;independent contractor&quot;&nbsp;driver who operated a taxi with the company's logo, picking up passengers who called the company, and following the company's rules, because the driver was deemed to be an independent contractor. At least in that case, the court allowed the case to go to the jury on a theory of apparent agency. However, a cab company can evade accountability under that legal theory simply by posting on and in the cab a subtle statement that the driver is an independent contractor.</p>
<p>Compounding the scandal is that taxi cabs in Georgia are only required to carry the minimum liability insurance required of all passenger cars, $25,000 per person and $50,000 per accident. Thus, a business traveler arriving at the Atlanta airport and taking a taxi downtown, who suffers a disabling injury due to even gross negligence of the cab driver or in the maintenance of the cab, can only recover $25,000.&nbsp; <a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html">If that business traveler is killed,</a> his or her survivors may be unable to recover more than $25,000 from the taxi's insurer.</p>
<p>By contrast, intrastate motor carriers who merely haul freight must have $100,000 liability insurance, and interstate motor carriers hauling freight must have at least $750,000 liability coverage.<span id="headerTitleTruncate3" class="InformationalSmall"> Moreover, the <a href="http://www.atlantainjurylawyer.com/trucking-accident-attorney-lawyer-1183771.html">Federal Motor Carrier Safety Regulations prohibited trucking companies from hiding behind the &quot;independent contractor&quot; dodge since 1956</a>.<br />
</span></p>
<p>My advice to visitors to our city arriving at Atlanta's Hartsfield-Jackson International Airport is to avoid taking a taxi.&nbsp; Either arrange to be picked up by a limo service, or take the MARTA train as I&nbsp;usually do.&nbsp; When I&nbsp;came in from the west coast on a redeye flight Monday morning, MARTA was a clean, pleasant, convenient and cheap way to get to the Medical Center station where my wife picked me up.</p>
           <p>&nbsp;</p>
<p style="margin-left: 40px;">&nbsp;</p>
<p style="margin-left: 40px;"><em><em><em><a href="http:///">Ken Shigley</a>, </em></em></em><em><em><em>author    of <a href="http://west.thomson.com/productdetail/170252/40121074/productdetail.aspx">Georgia           Law of Torts:&nbsp;Trial Preparation &amp;&nbsp;Practice</a></em></em></em><em><em><em><em>, </em></em></em></em><em><em><em>is</em></em></em><em><em><em>&nbsp;</em></em></em><em><em><em>    a  Certified Civil Trial Advocate of the National Board of Trial              Advocacy, and has been listed as a &quot;Super Lawyer&quot; (Atlanta       Magazine),        among the &quot;Legal Elite&quot; (Georgia Trend Magazine), and       in the Bar        Register of Preeminent Lawyers.</em></em></em><em><em><em><em>        </em></em></em></em><em><em><em>He practices law at the Atlanta    law    firm of  Chambers, Aholt &amp;&nbsp;Rickard, and&nbsp;</em></em></em><em><em><em>has      broad experience in&nbsp;<a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008519.html">catastrophic             personal injury</a>, </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html">spinal             cord injury, </a></em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html">wrongful             death</a>, </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/products-liability-lawyer-attorney-1008518.html">products              liability</a>,&nbsp; </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008537.html">brain             injury</a> and <a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008539.html">burn             injury </a>cases. </em></em></em><em><em><em> He is also  president-elect of the State    Bar  of    Georgia.</em></em></em><em><em><em>  </em></em></em><em><em><em>This post is   subject to our <a href="http://www.atlantainjurylawyer.com/attorney-lawyer-1008563.html">ethical             disclaimer</a></em></em></em>.</p>
<p>&nbsp;</p>
     
    
<p class="syndicated-attribution">Originally posted at 
   Atlanta Injury Law Blog
  . Please visit <a href="
   http://www.atlantainjurylawblog.com/
  " rel="nofollow">
   http://www.atlantainjurylawblog.com/
  </a>.</p>]]></content:encoded>
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		</item>
		<item>
		<title>Georgians injured in Michigan may have second chance to recover damages</title>
		<link>http://www.lawtipsandinfo.com/georgians-injured-in-michigan-may-have-second-chance-to-recover-damages/</link>
		<comments>http://www.lawtipsandinfo.com/georgians-injured-in-michigan-may-have-second-chance-to-recover-damages/#comments</comments>
		<pubDate>Tue, 10 Aug 2010 21:07:07 +0000</pubDate>
		<dc:creator>Ken Shigley</dc:creator>
				<category><![CDATA[Injury Law]]></category>

		<guid isPermaLink="false">
     http://www.atlantainjurylawblog.com/injury-law-georgians-injured-in-michigan-may-have-second-chance-to-recover-damages.html
</guid>
		<description><![CDATA[
     <p>My good friend <a href="http://www.michiganautolaw.com/caraccidents/auto-law/index.php#a1">Steve Gursten in Michigan </a>just called to my attention a Michigan Supreme Court decision that s  overturned&#160; the nation's harshest auto  accident threshold law.</p>
<p>Under former Michigan case law, attorneys had told many people they had &#34;no case&#34; because Michigan law required that a bodily function be completely altered. Thus, people with severe injuries and debilitating pain were unable to recover damages for injury in a motor vehicle accident if they were eventually able to return to their ordinary activities.</p>
<p>Now, under the case of <em>  McCormick v. Carrier, </em>people who seek compensation for injuries and pain  and suffering have a better chance at a fair recovery. The<em> McCormick </em>decision say a person can qualify for pain and suffering damages if his or her normal life is affected -- not completely altered, by an injury in a car wreck.&#160;</p>
<p>Steve and I&#160;have talked for several years about how much better Georgia law is for people who are seriously injured through no fault of their own than is the law of Michigan. I'm glad to see that Michigan law has become a little less harsh.</p>
<p>&#160;</p>
           <p style="margin-left: 40px">&#160;</p>
<p style="margin-left: 40px"><em><em><em><a href="http:///">Ken Shigley</a>, </em></em></em><em><em><em>author    of <a href="http://west.thomson.com/productdetail/170252/40121074/productdetail.aspx">Georgia           Law of Torts:&#160;Trial Preparation &#38;&#160;Practice</a></em></em></em><em><em><em><em>, </em></em></em></em><em><em><em>is</em></em></em><em><em><em>&#160;</em></em></em><em><em><em>   a  Certified Civil Trial Advocate of the National Board of Trial             Advocacy, and has been listed as a &#34;Super Lawyer&#34; (Atlanta      Magazine),        among the &#34;Legal Elite&#34; (Georgia Trend Magazine), and      in the Bar        Register of Preeminent Lawyers.</em></em></em><em><em><em><em>        </em></em></em></em><em><em><em>He practices law at the Atlanta    law    firm of  Chambers, Aholt &#38;&#160;Rickard, and&#160;</em></em></em><em><em><em>has      broad experience in&#160;<a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008519.html">catastrophic             personal injury</a>, </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html">spinal             cord injury, </a></em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html">wrongful             death</a>, </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/products-liability-lawyer-attorney-1008518.html">products              liability</a>,&#160; </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008537.html">brain             injury</a> and <a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008539.html">burn             injury </a>cases. </em></em></em><em><em><em> He is also  president-elect of the State    Bar  of    Georgia.</em></em></em><em><em><em>  </em></em></em><em><em><em>This post is   subject to our <a href="http://www.atlantainjurylawyer.com/attorney-lawyer-1008563.html">ethical             disclaimer</a></em></em></em>.</p>
     
    ]]></description>
			<content:encoded><![CDATA[<p class="syndicated-attribution">By 
   Atlanta Injury Law Blog
  , Ken Shigley. </p>

     <p>My good friend <a href="http://www.michiganautolaw.com/caraccidents/auto-law/index.php#a1">Steve Gursten in Michigan </a>just called to my attention a Michigan Supreme Court decision that s  overturned&nbsp; the nation's harshest auto  accident threshold law.</p>
<p>Under former Michigan case law, attorneys had told many people they had &quot;no case&quot; because Michigan law required that a bodily function be completely altered. Thus, people with severe injuries and debilitating pain were unable to recover damages for injury in a motor vehicle accident if they were eventually able to return to their ordinary activities.</p>
<p>Now, under the case of <em>  McCormick v. Carrier, </em>people who seek compensation for injuries and pain  and suffering have a better chance at a fair recovery. The<em> McCormick </em>decision say a person can qualify for pain and suffering damages if his or her normal life is affected -- not completely altered, by an injury in a car wreck.&nbsp;</p>
<p>Steve and I&nbsp;have talked for several years about how much better Georgia law is for people who are seriously injured through no fault of their own than is the law of Michigan. I'm glad to see that Michigan law has become a little less harsh.</p>
<p>&nbsp;</p>
           <p style="margin-left: 40px;">&nbsp;</p>
<p style="margin-left: 40px;"><em><em><em><a href="http:///">Ken Shigley</a>, </em></em></em><em><em><em>author    of <a href="http://west.thomson.com/productdetail/170252/40121074/productdetail.aspx">Georgia           Law of Torts:&nbsp;Trial Preparation &amp;&nbsp;Practice</a></em></em></em><em><em><em><em>, </em></em></em></em><em><em><em>is</em></em></em><em><em><em>&nbsp;</em></em></em><em><em><em>   a  Certified Civil Trial Advocate of the National Board of Trial             Advocacy, and has been listed as a &quot;Super Lawyer&quot; (Atlanta      Magazine),        among the &quot;Legal Elite&quot; (Georgia Trend Magazine), and      in the Bar        Register of Preeminent Lawyers.</em></em></em><em><em><em><em>        </em></em></em></em><em><em><em>He practices law at the Atlanta    law    firm of  Chambers, Aholt &amp;&nbsp;Rickard, and&nbsp;</em></em></em><em><em><em>has      broad experience in&nbsp;<a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008519.html">catastrophic             personal injury</a>, </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html">spinal             cord injury, </a></em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html">wrongful             death</a>, </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/products-liability-lawyer-attorney-1008518.html">products              liability</a>,&nbsp; </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008537.html">brain             injury</a> and <a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008539.html">burn             injury </a>cases. </em></em></em><em><em><em> He is also  president-elect of the State    Bar  of    Georgia.</em></em></em><em><em><em>  </em></em></em><em><em><em>This post is   subject to our <a href="http://www.atlantainjurylawyer.com/attorney-lawyer-1008563.html">ethical             disclaimer</a></em></em></em>.</p>
     
    
<p class="syndicated-attribution">Originally posted at 
   Atlanta Injury Law Blog
  . Please visit <a href="
   http://www.atlantainjurylawblog.com/
  " rel="nofollow">
   http://www.atlantainjurylawblog.com/
  </a>.</p>]]></content:encoded>
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		</item>
		<item>
		<title>Apportionment of damages statute misconstrued to detriment of  injured Georgians</title>
		<link>http://www.lawtipsandinfo.com/apportionment-of-damages-statute-misconstrued-to-detriment-of-injured-georgians/</link>
		<comments>http://www.lawtipsandinfo.com/apportionment-of-damages-statute-misconstrued-to-detriment-of-injured-georgians/#comments</comments>
		<pubDate>Wed, 14 Jul 2010 23:08:05 +0000</pubDate>
		<dc:creator>Ken Shigley</dc:creator>
				<category><![CDATA[Injury Law]]></category>
		<category><![CDATA[Tort Reform in Georgia]]></category>

		<guid isPermaLink="false">
     http://www.atlantainjurylawblog.com/tort-reform-in-georgia-apportionment-of-damages-statute-misconstrued-to-detriment-of-injured-georgians.html
</guid>
		<description><![CDATA[
     <p>As a lawyer in Atlanta representing injured people in Georgia, I was disappointed when a three judge panel of the Georgia Court of Appeals interpreted OCGA 51-12-33 to require apportionment of damages among multiple parties -- whether or not they are in the case and whether or not they can be held legally or financially accountable --&#160; who are found at fault, even when there is no fault at all on the part of the person who was injured.</p>
<p>Since enactment of the &#34;tort reform&#34; legislation in 2005, we have argued in many cases that the legislature left in place, in OCGA 51-12-31, the rule of joint and several liability in cases where the injury victim was to no degree responsible for anything related to the injury.&#160; Reading the plain language of the code sections, that clearly makes sense.&#160; Several trial courts have agreed.</p>
<p>However, in <em>Cavalier Convenience, Inc. v. Sarvis,</em> 2010 WL 2698381, decided on July 9, 2010, a three judge panel of the Georgia Court of Appeals reversed a trial court that had ruled in the manner I&#160;think makes sense. The Court of Appeals held, in part, that</p>
<blockquote>
<p>&#34;The trial court's contrary construction - that apportionment is mandated only if the plaintiff is to some degree at fault - essentially overlooks the use and placement of the ' if any'&#160; clause.&#34;</p>
</blockquote>
<p>I respect the Court of Appeals and its individual judges, but respectfully disagree with this holding.</p>
<p>It is an important issue affecting many Georgians, as mandatory apportionment of damages among those at fault even when they are&#160; absent non-parties from whom recovery is legally  and/or financially impossible, to the disadvantage of seriously injured Georgians who are totally blameless, can have draconian results.</p>
<p>Perhaps the Supreme Court will grant <em>certiorar</em>i and reverse this decision.</p>
<p>&#160;</p>
           <p style="margin-left: 40px">&#160;</p>
<p style="margin-left: 40px"><em><em><em><a href="http:///">Ken Shigley</a> , </em></em></em><em><em><em>author   of <a href="http://west.thomson.com/productdetail/170252/40121074/productdetail.aspx">Georgia          Law of Torts:&#160;Trial Preparation &#38;&#160;Practice</a></em></em></em><em><em><em><em>   , </em></em></em></em><em><em><em>is</em></em></em><em><em><em>&#160;</em></em></em><em><em><em>       A  Certified Civil Trial Advocate of the National Board of Trial         Advocacy, and has been listed as a &#34;Super Lawyer&#34; (Atlanta  Magazine),        among the &#34;Legal Elite&#34; (Georgia Trend Magazine), and  in the Bar        Register of Preeminent Lawyers .</em></em></em><em><em><em><em>       </em></em></em></em><em><em><em>He practices law at the Atlanta   law    firm of  Chambers, Aholt &#38;&#160;Rickard, and&#160;</em></em></em><em><em><em>has     broad experience in&#160;<a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008519.html">catastrophic            personal injury</a>, <a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html">wrongful            death</a>, </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/products-liability-lawyer-attorney-1008518.html">products             liability</a>,&#160; </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html">spinal            cord injury, </a><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008537.html">brain            injury</a> and <a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008539.html">burn            injury </a>cases. </em></em></em><em><em><em> He is also president-elect of the State    Bar  of    Georgia.</em></em></em><em><em><em> </em></em></em><em><em><em>This post is   subject to our <a href="http://www.atlantainjurylawyer.com/attorney-lawyer-1008563.html">ethical            disclaimer</a></em></em></em>.</p>
     
    ]]></description>
			<content:encoded><![CDATA[<p class="syndicated-attribution">By 
   Atlanta Injury Law Blog
  , Ken Shigley. </p>

     <p>As a lawyer in Atlanta representing injured people in Georgia, I was disappointed when a three judge panel of the Georgia Court of Appeals interpreted OCGA 51-12-33 to require apportionment of damages among multiple parties -- whether or not they are in the case and whether or not they can be held legally or financially accountable --&nbsp; who are found at fault, even when there is no fault at all on the part of the person who was injured.</p>
<p>Since enactment of the &quot;tort reform&quot; legislation in 2005, we have argued in many cases that the legislature left in place, in OCGA 51-12-31, the rule of joint and several liability in cases where the injury victim was to no degree responsible for anything related to the injury.&nbsp; Reading the plain language of the code sections, that clearly makes sense.&nbsp; Several trial courts have agreed.</p>
<p>However, in <em>Cavalier Convenience, Inc. v. Sarvis,</em> 2010 WL 2698381, decided on July 9, 2010, a three judge panel of the Georgia Court of Appeals reversed a trial court that had ruled in the manner I&nbsp;think makes sense. The Court of Appeals held, in part, that</p>
<blockquote>
<p>&quot;The trial court's contrary construction - that apportionment is mandated only if the plaintiff is to some degree at fault - essentially overlooks the use and placement of the ' if any'&nbsp; clause.&quot;</p>
</blockquote>
<p>I respect the Court of Appeals and its individual judges, but respectfully disagree with this holding.</p>
<p>It is an important issue affecting many Georgians, as mandatory apportionment of damages among those at fault even when they are&nbsp; absent non-parties from whom recovery is legally  and/or financially impossible, to the disadvantage of seriously injured Georgians who are totally blameless, can have draconian results.</p>
<p>Perhaps the Supreme Court will grant <em>certiorar</em>i and reverse this decision.</p>
<p>&nbsp;</p>
           <p style="margin-left: 40px;">&nbsp;</p>
<p style="margin-left: 40px;"><em><em><em><a href="http:///">Ken Shigley</a> , </em></em></em><em><em><em>author   of <a href="http://west.thomson.com/productdetail/170252/40121074/productdetail.aspx">Georgia          Law of Torts:&nbsp;Trial Preparation &amp;&nbsp;Practice</a></em></em></em><em><em><em><em>   , </em></em></em></em><em><em><em>is</em></em></em><em><em><em>&nbsp;</em></em></em><em><em><em>       A  Certified Civil Trial Advocate of the National Board of Trial         Advocacy, and has been listed as a &quot;Super Lawyer&quot; (Atlanta  Magazine),        among the &quot;Legal Elite&quot; (Georgia Trend Magazine), and  in the Bar        Register of Preeminent Lawyers .</em></em></em><em><em><em><em>       </em></em></em></em><em><em><em>He practices law at the Atlanta   law    firm of  Chambers, Aholt &amp;&nbsp;Rickard, and&nbsp;</em></em></em><em><em><em>has     broad experience in&nbsp;<a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008519.html">catastrophic            personal injury</a>, <a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html">wrongful            death</a>, </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/products-liability-lawyer-attorney-1008518.html">products             liability</a>,&nbsp; </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html">spinal            cord injury, </a><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008537.html">brain            injury</a> and <a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008539.html">burn            injury </a>cases. </em></em></em><em><em><em> He is also president-elect of the State    Bar  of    Georgia.</em></em></em><em><em><em> </em></em></em><em><em><em>This post is   subject to our <a href="http://www.atlantainjurylawyer.com/attorney-lawyer-1008563.html">ethical            disclaimer</a></em></em></em>.</p>
     
    
<p class="syndicated-attribution">Originally posted at 
   Atlanta Injury Law Blog
  . Please visit <a href="
   http://www.atlantainjurylawblog.com/
  " rel="nofollow">
   http://www.atlantainjurylawblog.com/
  </a>.</p>]]></content:encoded>
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		<title>Are personal injury damages taxable, and what does Dennis Rodman have to do with it?</title>
		<link>http://www.lawtipsandinfo.com/are-personal-injury-damages-taxable-and-what-does-dennis-rodman-have-to-do-with-it/</link>
		<comments>http://www.lawtipsandinfo.com/are-personal-injury-damages-taxable-and-what-does-dennis-rodman-have-to-do-with-it/#comments</comments>
		<pubDate>Mon, 12 Jul 2010 23:20:54 +0000</pubDate>
		<dc:creator>Ken Shigley</dc:creator>
				<category><![CDATA[Injury Law]]></category>

		<guid isPermaLink="false">
     http://www.atlantainjurylawblog.com/injury-law-are-personal-injury-damages-taxable-and-what-does-dennis-rodman-have-to-do-with-it.html
</guid>
		<description><![CDATA[
     <p>Several times a year clients ask whether a monetary recovery for an injury or death is taxable. The short answer is no, but there are exceptions.</p>
<p>It&#8217;s hard enough being injured, and then having to bring a lawsuit to  obtain proper compensation and payments for your injuries. It would add insult to injury if you had to pay taxes on that compensation. One of the few things the government has done right about taxes has been to recognize that injury  settlements are not earned income.  Rather, they compensate the injured  victim for the pain, suffering, and disabilities they suffered at the  hands of another&#8217;s carelessness. Therefore, injury recoveries are not taxable.</p>
<p>Section 104(a)(2) of the Internal Revenue Code excludes from gross  income amounts received from personal injury awards.  It provides that  gross income does not include any damages received, whether by suit or  agreement and whether as lump sums or as periodic payments, on account  of personal injury or sickness.</p>
<p>While this tax exclusion is about as old as the federal income tax  system, it has caused much controversy in the courts and some clear  exceptions have emerged since this provision was enacted back in 1918.</p>
<p>For example, money paid for punitive damages is taxable.  The reasoning is that punitive damages are primarily  intended to punish and discourage the behavior of the defendant, not to  compensate the plaintiff.  Lost earnings are also taxable if a portion  of the settlement is specifically designated as compensation for lost  income.  Finally, money paid for psychological injuries may be taxed.</p>
<p>However, it is important to understand that once settlement proceeds  have been received, the taxability of that money is just like any other  money you invest or put in a savings account.  When you invest those  monies into taxable investments, then any profit or gain you achieve is  then taxable.</p>
<p>What what does NBA&#160;star Dennis Rodman, with all his lurid tattoos and piercings, have to do with personal injury tax law?</p>
<p>Back in 1997, Rodman was playing for the Chicago Bulls in a game against the Minnesota Timberwolves.  After scrambling for a  loose ball, Rodman fell into a group of photographers on the sidelines.   While getting up, he kicked a cameraman, Eugene Amos, in the groin.&#160; Amos sought treatment for groin and back injuries, filed a  police report, and hired a lawyer for a personal injury claims  against Rodman.  Before suit was filed, the attorneys for  Amos and Rodman negotiated a $200,000 settlement agreement, which  included a Confidentiality Provision stating that Amos had to keep the  nature and amount of the settlement secret.</p>
<p>As mentioned above, the tax exclusion for a personal injury  settlement has caused much controversy in the courts.  It is fitting,  then, that an act from an individual as unique and controversial as  Dennis Rodman led to a unique landmark tax law case, Amos v.  Commissioner, 2003 Tax Ct. Memo LEXIS 330 (2003), which created law  allowing the IRS to tax Personal Injury settlements which include  Confidentiality Provisions.</p>
<p>Relying on well-settled law that personal injury settlements were not  taxable, Amos did not claim the $200,000 as part of his gross income on  his 1997 tax return. But the ever-vigilant IRS took the position that he  should have claimed the money as income because his injuries were  minimal and the money was really paid for the confidentiality  provision.</p>
<p>At the end of the case, the court determined that the $200,000  settlement had to be allocated between the amount paid for the personal  injuries, which was exempt from taxation, and the amount paid for the  Confidentiality Provision, which was taxable.  Ultimately, the court  arbitrarily allocated $120,000 to the personal injuries and $80,000 to  the Confidentiality Provision.</p>
<p>Because confidentiality provisions can lead to tax consequences in  personal injury cases, you need to be aware and seek out competent  counsel to help prevent the government from getting money that should be  in your bank account.</p>
<p>In light of the Rodman case, lawyers often stipulate at the time of settlement to allocate a nominal amount as the value of a confidentiality agreement.</p>
<p>Each situation is unique and this article is not intended to  constitute tax advice for any person&#8217;s individual situation.  The  information contained in this article is provided for informational  purposes only.  You should consult a tax attorney or an accountant if  you need help with your taxes or for questions about taxable income.</p>
<p>&#160;</p>
           <p style="margin-left: 40px">&#160;</p>
<p style="margin-left: 40px"><em><em><em><a href="http:///">Ken Shigley</a>&#160; </em></em></em><em>is<em><em><em> </em></em></em></em><em><em><em>author of <a href="http://west.thomson.com/productdetail/170252/40121074/productdetail.aspx">Georgia      Law of Torts:&#160;Trial Preparation &#38;&#160;Practice</a></em></em></em><em><em><em><em>   </em></em></em></em><em><em><em>  and president-elect of the State Bar of    Georgia.</em></em></em><em><em><em>&#160;&#160;</em></em></em><em><em><em>   A  Certified Civil Trial Advocate of the National Board of Trial     Advocacy, he has been listed as a &#34;Super Lawyer&#34; (Atlanta Magazine),     among the &#34;Legal Elite&#34; (Georgia Trend Magazine), and in the Bar     Register of Preeminent Lawyers (Martindale).</em></em></em><em><em><em><em>   </em></em></em></em><em><em><em>He practices law at the Atlanta  law firm of  Chambers, Aholt &#38;&#160;Rickard, and&#160;</em></em></em><em><em><em>has broad experience in&#160;<a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008519.html">catastrophic        personal injury</a>, <a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html">wrongful        death</a>, </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/products-liability-lawyer-attorney-1008518.html">products         liability</a>,&#160; </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html">spinal        cord injury, </a><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008537.html">brain        injury</a> and <a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008539.html">burn        injury </a>cases. </em></em></em></p>
<p style="margin-left: 40px"><em><em><em>This post is subject to our <a href="http://www.atlantainjurylawyer.com/attorney-lawyer-1008563.html">ethical        disclaimer</a></em></em></em>.</p>
     
    ]]></description>
			<content:encoded><![CDATA[<p class="syndicated-attribution">By 
   Atlanta Injury Law Blog
  , Ken Shigley. </p>

     <p>Several times a year clients ask whether a monetary recovery for an injury or death is taxable. The short answer is no, but there are exceptions.</p>
<p>It&rsquo;s hard enough being injured, and then having to bring a lawsuit to  obtain proper compensation and payments for your injuries. It would add insult to injury if you had to pay taxes on that compensation. One of the few things the government has done right about taxes has been to recognize that injury  settlements are not earned income.  Rather, they compensate the injured  victim for the pain, suffering, and disabilities they suffered at the  hands of another&rsquo;s carelessness. Therefore, injury recoveries are not taxable.</p>
<p>Section 104(a)(2) of the Internal Revenue Code excludes from gross  income amounts received from personal injury awards.  It provides that  gross income does not include any damages received, whether by suit or  agreement and whether as lump sums or as periodic payments, on account  of personal injury or sickness.</p>
<p>While this tax exclusion is about as old as the federal income tax  system, it has caused much controversy in the courts and some clear  exceptions have emerged since this provision was enacted back in 1918.</p>
<p>For example, money paid for punitive damages is taxable.  The reasoning is that punitive damages are primarily  intended to punish and discourage the behavior of the defendant, not to  compensate the plaintiff.  Lost earnings are also taxable if a portion  of the settlement is specifically designated as compensation for lost  income.  Finally, money paid for psychological injuries may be taxed.</p>
<p>However, it is important to understand that once settlement proceeds  have been received, the taxability of that money is just like any other  money you invest or put in a savings account.  When you invest those  monies into taxable investments, then any profit or gain you achieve is  then taxable.</p>
<p>What what does NBA&nbsp;star Dennis Rodman, with all his lurid tattoos and piercings, have to do with personal injury tax law?</p>
<p>Back in 1997, Rodman was playing for the Chicago Bulls in a game against the Minnesota Timberwolves.  After scrambling for a  loose ball, Rodman fell into a group of photographers on the sidelines.   While getting up, he kicked a cameraman, Eugene Amos, in the groin.&nbsp; Amos sought treatment for groin and back injuries, filed a  police report, and hired a lawyer for a personal injury claims  against Rodman.  Before suit was filed, the attorneys for  Amos and Rodman negotiated a $200,000 settlement agreement, which  included a Confidentiality Provision stating that Amos had to keep the  nature and amount of the settlement secret.</p>
<p>As mentioned above, the tax exclusion for a personal injury  settlement has caused much controversy in the courts.  It is fitting,  then, that an act from an individual as unique and controversial as  Dennis Rodman led to a unique landmark tax law case, Amos v.  Commissioner, 2003 Tax Ct. Memo LEXIS 330 (2003), which created law  allowing the IRS to tax Personal Injury settlements which include  Confidentiality Provisions.</p>
<p>Relying on well-settled law that personal injury settlements were not  taxable, Amos did not claim the $200,000 as part of his gross income on  his 1997 tax return. But the ever-vigilant IRS took the position that he  should have claimed the money as income because his injuries were  minimal and the money was really paid for the confidentiality  provision.</p>
<p>At the end of the case, the court determined that the $200,000  settlement had to be allocated between the amount paid for the personal  injuries, which was exempt from taxation, and the amount paid for the  Confidentiality Provision, which was taxable.  Ultimately, the court  arbitrarily allocated $120,000 to the personal injuries and $80,000 to  the Confidentiality Provision.</p>
<p>Because confidentiality provisions can lead to tax consequences in  personal injury cases, you need to be aware and seek out competent  counsel to help prevent the government from getting money that should be  in your bank account.</p>
<p>In light of the Rodman case, lawyers often stipulate at the time of settlement to allocate a nominal amount as the value of a confidentiality agreement.</p>
<p>Each situation is unique and this article is not intended to  constitute tax advice for any person&rsquo;s individual situation.  The  information contained in this article is provided for informational  purposes only.  You should consult a tax attorney or an accountant if  you need help with your taxes or for questions about taxable income.</p>
<p>&nbsp;</p>
           <p style="margin-left: 40px;">&nbsp;</p>
<p style="margin-left: 40px;"><em><em><em><a href="http:///">Ken Shigley</a>&nbsp; </em></em></em><em>is<em><em><em> </em></em></em></em><em><em><em>author of <a href="http://west.thomson.com/productdetail/170252/40121074/productdetail.aspx">Georgia      Law of Torts:&nbsp;Trial Preparation &amp;&nbsp;Practice</a></em></em></em><em><em><em><em>   </em></em></em></em><em><em><em>  and president-elect of the State Bar of    Georgia.</em></em></em><em><em><em>&nbsp;&nbsp;</em></em></em><em><em><em>   A  Certified Civil Trial Advocate of the National Board of Trial     Advocacy, he has been listed as a &quot;Super Lawyer&quot; (Atlanta Magazine),     among the &quot;Legal Elite&quot; (Georgia Trend Magazine), and in the Bar     Register of Preeminent Lawyers (Martindale).</em></em></em><em><em><em><em>   </em></em></em></em><em><em><em>He practices law at the Atlanta  law firm of  Chambers, Aholt &amp;&nbsp;Rickard, and&nbsp;</em></em></em><em><em><em>has broad experience in&nbsp;<a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008519.html">catastrophic        personal injury</a>, <a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html">wrongful        death</a>, </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/products-liability-lawyer-attorney-1008518.html">products         liability</a>,&nbsp; </em></em></em><em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html">spinal        cord injury, </a><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008537.html">brain        injury</a> and <a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008539.html">burn        injury </a>cases. </em></em></em></p>
<p style="margin-left: 40px;"><em><em><em>This post is subject to our <a href="http://www.atlantainjurylawyer.com/attorney-lawyer-1008563.html">ethical        disclaimer</a></em></em></em>.</p>
     
    
<p class="syndicated-attribution">Originally posted at 
   Atlanta Injury Law Blog
  . Please visit <a href="
   http://www.atlantainjurylawblog.com/
  " rel="nofollow">
   http://www.atlantainjurylawblog.com/
  </a>.</p>]]></content:encoded>
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		</item>
		<item>
		<title>Near drowning incidents in pools are still too common</title>
		<link>http://www.lawtipsandinfo.com/near-drowning-incidents-in-pools-are-still-too-common/</link>
		<comments>http://www.lawtipsandinfo.com/near-drowning-incidents-in-pools-are-still-too-common/#comments</comments>
		<pubDate>Mon, 12 Jul 2010 22:39:20 +0000</pubDate>
		<dc:creator>Ken Shigley</dc:creator>
				<category><![CDATA[Injury Law]]></category>

		<guid isPermaLink="false">
     http://www.atlantainjurylawblog.com/injury-law-near-drowning-incidents-in-pools-are-still-too-common.html
</guid>
		<description><![CDATA[
     <p>The following is a sample of some of this summer's tragic headlines about drowning and near-drowning incidents:&#160;&#34;Child drowns in township pool,&#34; &#34;3 year old boy drowns in pool,&#34;&#160;&#34;Coops Save Tot from Near-drowning in Huntington Pool.&#34;</p>
<p>News stories often make it sound like a near-drowning is much less serious than a drowning. That is not necessarily so. I&#160;have seen near-drowning injuries that were worse than death.</p>
<p>Years ago, when I was still in an insurance defense firm, a lawyer against whom I had tried cases referred me a case involving near drowning of a 19 month old toddler in a condominium pool. The child had wandered away from the family's patio while her mom was attending to an infant sibling, and was able to open the defective gate to the pool enclosure. She was found floating near a ball in the closed pool.</p>
<p>Near drowning causes <a href="http://www.brainandspinalcord.org/traumatic-brain-injury-types/anoxic-brain-injury/index.html">anoxic brain injury</a> due to loss of oxygen to the brain.&#160; The degree of severity can vary tremendously.&#160;</p>
<p>This child was in a chronic vegetative state.&#160; She looked great. In fact, she looked a lot like my daughter. Her beautiful blue eyes would track around the room as if she were looking at visitors. But there was no cognitive activity in her brain. It was as if the lights were on but nobody was home. She required 24/7 home nursing and feeding through a tube surgically implanted in her stomach. Her parents and their friends worked incredibly hard to combat contractures in her limbs.</p>
<p>That tragedy could have been prevented if the property management had made sure there was an adequate latch on the pool gate. They had a latch that could be easily opened by a 19 month old child from the outside. We found a former maintenance man who had been fired after he told management they needed to fix the gate.&#160; While new construction generally complies with the safety standards and codes for child-proof pool gate latches that we put into evidence, I still see the old style pool gates.</p>
<p>If Georgia residents could appreciate that all pools/spas need  adequate barriers and realize the need for constant adult supervision  can never be downplayed or rationalized&#8212;those tragic drowning and near-drowning headlines  we inevitably read about every summer could actually come to an end.</p>
<p>&#160;</p>
           <p style="margin-left: 40px">&#160;</p>
<p style="margin-left: 40px"><em><em><em><a href="http:///">Ken Shigley</a> , who practices in the Atlanta law firm of Chambers, Aholt &#38;&#160;Rickard, </em></em></em><em>is<em><em><em>  </em></em></em></em><em><em><em>  president-elect of the State Bar of  Georgia and author of <a href="http://west.thomson.com/productdetail/170252/40121074/productdetail.aspx">Georgia   Law of Torts:&#160;Trial Preparation &#38;&#160;Practice</a>.</em></em></em><em><em><em>   A Certified Civil Trial Advocate of the National Board of Trial   Advocacy, he has been listed as a &#34;Super Lawyer&#34; (Atlanta Magazine),   among the &#34;Legal Elite&#34; (Georgia Trend Magazine), and in the Bar   Register of Preeminent Lawyers (Martindale).</em></em></em><em><em><em><em> H</em></em></em></em><em><em><em>e has broad experience in <a href="http://www.atlantainjurylawyer.com/products-liability-lawyer-attorney-1008518.html">products      liability</a>, <a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008519.html">catastrophic      personal injury</a>, <a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html">wrongful      death</a>, <a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html">spinal      cord injury, </a><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008537.html">brain      injury</a> and <a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008539.html">burn      injury </a>cases. </em></em></em></p>
<p style="margin-left: 40px"><em><em><em>This post is subject to our <a href="http://www.atlantainjurylawyer.com/attorney-lawyer-1008563.html">ethical      disclaimer</a></em></em></em>.</p>
     
    ]]></description>
			<content:encoded><![CDATA[<p class="syndicated-attribution">By 
   Atlanta Injury Law Blog
  , Ken Shigley. </p>

     <p>The following is a sample of some of this summer's tragic headlines about drowning and near-drowning incidents:&nbsp;&quot;Child drowns in township pool,&quot; &quot;3 year old boy drowns in pool,&quot;&nbsp;&quot;Coops Save Tot from Near-drowning in Huntington Pool.&quot;</p>
<p>News stories often make it sound like a near-drowning is much less serious than a drowning. That is not necessarily so. I&nbsp;have seen near-drowning injuries that were worse than death.</p>
<p>Years ago, when I was still in an insurance defense firm, a lawyer against whom I had tried cases referred me a case involving near drowning of a 19 month old toddler in a condominium pool. The child had wandered away from the family's patio while her mom was attending to an infant sibling, and was able to open the defective gate to the pool enclosure. She was found floating near a ball in the closed pool.</p>
<p>Near drowning causes <a href="http://www.brainandspinalcord.org/traumatic-brain-injury-types/anoxic-brain-injury/index.html">anoxic brain injury</a> due to loss of oxygen to the brain.&nbsp; The degree of severity can vary tremendously.&nbsp;</p>
<p>This child was in a chronic vegetative state.&nbsp; She looked great. In fact, she looked a lot like my daughter. Her beautiful blue eyes would track around the room as if she were looking at visitors. But there was no cognitive activity in her brain. It was as if the lights were on but nobody was home. She required 24/7 home nursing and feeding through a tube surgically implanted in her stomach. Her parents and their friends worked incredibly hard to combat contractures in her limbs.</p>
<p>That tragedy could have been prevented if the property management had made sure there was an adequate latch on the pool gate. They had a latch that could be easily opened by a 19 month old child from the outside. We found a former maintenance man who had been fired after he told management they needed to fix the gate.&nbsp; While new construction generally complies with the safety standards and codes for child-proof pool gate latches that we put into evidence, I still see the old style pool gates.</p>
<p>If Georgia residents could appreciate that all pools/spas need  adequate barriers and realize the need for constant adult supervision  can never be downplayed or rationalized&mdash;those tragic drowning and near-drowning headlines  we inevitably read about every summer could actually come to an end.</p>
<p>&nbsp;</p>
           <p style="margin-left: 40px;">&nbsp;</p>
<p style="margin-left: 40px;"><em><em><em><a href="http:///">Ken Shigley</a> , who practices in the Atlanta law firm of Chambers, Aholt &amp;&nbsp;Rickard, </em></em></em><em>is<em><em><em>  </em></em></em></em><em><em><em>  president-elect of the State Bar of  Georgia and author of <a href="http://west.thomson.com/productdetail/170252/40121074/productdetail.aspx">Georgia   Law of Torts:&nbsp;Trial Preparation &amp;&nbsp;Practice</a>.</em></em></em><em><em><em>   A Certified Civil Trial Advocate of the National Board of Trial   Advocacy, he has been listed as a &quot;Super Lawyer&quot; (Atlanta Magazine),   among the &quot;Legal Elite&quot; (Georgia Trend Magazine), and in the Bar   Register of Preeminent Lawyers (Martindale).</em></em></em><em><em><em><em> H</em></em></em></em><em><em><em>e has broad experience in <a href="http://www.atlantainjurylawyer.com/products-liability-lawyer-attorney-1008518.html">products      liability</a>, <a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008519.html">catastrophic      personal injury</a>, <a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html">wrongful      death</a>, <a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html">spinal      cord injury, </a><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008537.html">brain      injury</a> and <a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008539.html">burn      injury </a>cases. </em></em></em></p>
<p style="margin-left: 40px;"><em><em><em>This post is subject to our <a href="http://www.atlantainjurylawyer.com/attorney-lawyer-1008563.html">ethical      disclaimer</a></em></em></em>.</p>
     
    
<p class="syndicated-attribution">Originally posted at 
   Atlanta Injury Law Blog
  . Please visit <a href="
   http://www.atlantainjurylawblog.com/
  " rel="nofollow">
   http://www.atlantainjurylawblog.com/
  </a>.</p>]]></content:encoded>
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		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>My book is out &#8212; Georgia Law of Torts: Trial Preparation &amp; Practice</title>
		<link>http://www.lawtipsandinfo.com/my-book-is-out-georgia-law-of-torts-trial-preparation-practice/</link>
		<comments>http://www.lawtipsandinfo.com/my-book-is-out-georgia-law-of-torts-trial-preparation-practice/#comments</comments>
		<pubDate>Sun, 09 May 2010 22:50:29 +0000</pubDate>
		<dc:creator>Ken Shigley</dc:creator>
				<category><![CDATA[Injury Law]]></category>

		<guid isPermaLink="false">
     http://www.atlantainjurylawblog.com/injury-law-my-book-is-out-georgia-law-of-torts-trial-preparation-practice.html
</guid>
		<description><![CDATA[
     <p>Writing a law book may be compared to giving birth to an elephant. </p>
<p>My baby elephant has at long last been released by Thomson West, the world's leading law book publisher.&#160; I will be happy to autograph your copy of <a href="http://west.thomson.com/productdetail/170252/40121074/productdetail.aspx">Georgia Law Of Torts:&#160;Trial Preparation &#38; Practice</a>.</p>
<p>&#160;</p>
     
    ]]></description>
			<content:encoded><![CDATA[<p class="syndicated-attribution">By 
   Atlanta Injury Law Blog
  , Ken Shigley. </p>

     <p>Writing a law book may be compared to giving birth to an elephant. </p>
<p>My baby elephant has at long last been released by Thomson West, the world's leading law book publisher.&nbsp; I will be happy to autograph your copy of <a href="http://west.thomson.com/productdetail/170252/40121074/productdetail.aspx">Georgia Law Of Torts:&nbsp;Trial Preparation &amp; Practice</a>.</p>
<p>&nbsp;</p>
     
    
<p class="syndicated-attribution">Originally posted at 
   Atlanta Injury Law Blog
  . Please visit <a href="
   http://www.atlantainjurylawblog.com/
  " rel="nofollow">
   http://www.atlantainjurylawblog.com/
  </a>.</p>]]></content:encoded>
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		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Georgia bans text messaging while driving</title>
		<link>http://www.lawtipsandinfo.com/georgia-bans-text-messaging-while-driving/</link>
		<comments>http://www.lawtipsandinfo.com/georgia-bans-text-messaging-while-driving/#comments</comments>
		<pubDate>Wed, 05 May 2010 10:52:51 +0000</pubDate>
		<dc:creator>Ken Shigley</dc:creator>
				<category><![CDATA[Injury Law]]></category>

		<guid isPermaLink="false">
     http://www.atlantainjurylawblog.com/injury-law-georgia-bans-text-messaging-while-driving.html
</guid>
		<description><![CDATA[
     <p>Last week Georgia joined the growing list of states passing laws to  address driver distraction by cell phones and text messaging, as follows:</p>
<p style="margin-left: 40px"><font>&#34;</font>40-6-241.<br />
A driver shall exercise due care in  operating a  motor vehicle on the highways of this state and shall not  engage in any  actions which shall distract such driver from the safe  operation of  such vehicle, provided that, except as prohibited by Code  Section  40-6-241.1, the proper use of a  radio, citizens band radio, or   mobile telephone, or amateur or ham radio shall not be a violation of  this Code section.&#34;&#160;</p>
<div>
<div style="margin-left: 40px"><font>&#34;</font>40-6-241.1.</div>
<div style="margin-left: 40px">(a) As used in the  Code section, the term 'wireless telecommunications device' means a  cellular telephone, a text messaging device, a personal digital  assistant, a stand alone computer, or any other substantially similar  wireless device that is used to initiate or receive a wireless  communication with another person.  It does not include citizens band  radios, citizens band radio hybrids, commercial two-way radio  communication devices, subscription based emergency communications,  in-vehicle security, navigation devices, and remote diagnostics systems,  or amateur or ham radio devices.</div>
<div style="margin-left: 40px">(b) No person who  is 18 years of age or older or who has a Class C license shall operate a  motor vehicle on any public road or highway of this state while using a  wireless telecommunications device to write, send, or read any text  based communication, including but not limited to a text message,  instant message, e-mail, or Internet data.</div>
<div style="margin-left: 40px">(c) The provisions  of this Code section shall not apply to:</div>
<div style="margin-left: 40px">(1) A person  reporting a traffic accident, medical emergency, fire, serious road  hazard, or a situation in which the person reasonably believes a  person's health or safety is in immediate jeopardy;</div>
<div style="margin-left: 40px">(2) A person  reporting the perpetration or potential perpetration of a crime;</div>
<div style="margin-left: 40px">(3) A public  utility employee or contractor acting within the scope of his or her  employment when responding to a public utility emergency;</div>
<div style="margin-left: 40px">(4) A law  enforcement officer, firefighter, emergency medical services personnel,  ambulance driver, or other similarly employed public safety first  responder during the performance of his or her official duties; or</div>
<div style="margin-left: 40px">(5) A person  engaging in wireless communication while in a motor vehicle which is  lawfully parked.</div>
<div style="margin-left: 40px">(d) Any conviction  for a violation of the provisions of this Code section shall be a  misdemeanor punishable by a fine of $150.00.  The provisions of Chapter  11 of Title 17 and any other provision of law to the contrary  notwithstanding, the costs of such prosecution shall not be taxed nor  shall any additional penalty, fee, or surcharge to a fine for such  offense be assessed against a person for conviction thereof.  The court  imposing such fine shall forward a record of the disposition to the  Department of Driver Services.  Any violation of this Code section shall  constitute a separate offense.<font>&#34;</font></div>
<div>
<div style="margin-left: 40px"><font>&#34;</font>40-6-250.</div>
<div style="margin-left: 40px">No person shall operate a motor vehicle while  wearing a headset or headphone which would impair such person's ability  to hear, nor shall any person while operating a motor vehicle wear any  device which impairs such person's vision; provided, however, that a  person may wear a headset or headphone for communication purposes only while  operating a motorcycle.  This Code section shall not apply to hearing  aids or instruments for the improvement of defective human hearing,  eyeglasses, or sunglasses.  This Code section shall not apply to any law  enforcement officer or firefighter equipped with any communications  device necessary in the performance of such person's duties.<font>&#34;</font></div>
<div style="margin-left: 40px"><font>Violations  glean one point under the driver's license point system.</font>&#160;</div>
</div>
</div>
<p>&#160;</p>
           <p style="margin-left: 40px">&#160;</p>
<p style="margin-left: 40px"><font color="#205647"><em><a href="http://www.atlantainjurylawyer.com/attorney-lawyer-1008470.html"><em>Ken  Shigley</em></a></em></font><em> </em><em> i</em><em><em><em>is treasurer of the State Bar of Georgia, of which he has been elected to become president-elect on 6/19/10 and president on 6/4/11.</em></em></em><em> </em><em>His law  practice&#160;focuses on representing people who are catastrophically  injured, and families of those killed, primarily in</em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html"><font color="#205647"> spinal cord injury ,</font></a></em></em><em> </em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008537.html"><font color="#205647">brain injury</font></a>,&#160;</em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html"><font color="#205647"> </font></a></em></em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008539.html"><font color="#205647">burn injury , </font></a></em><em><a href="http://www.atlantainjurylawyer.com/products-liability-lawyer-attorney-1008518.html"><font color="#205647">products liability</font></a>, <a href="http://www.atlantainjurylawyer.com/trucking-accident-attorney-lawyer-1008491.html"><font color="#205647">trucking and bus accidents</font></a><em>,</em><em> </em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008519.html"><font color="#205647">catastrophic personal injury</font></a>, </em><em><a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html"><font color="#205647">wrongful death</font></a>, </em><em>and </em>cases. Much of his practice is focused on tractor trailer, big rig, 18 wheeler, truck and bus crashes.&#160; He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy,&#160; has been listed as a &#34;Super Lawyer&#34; (Atlanta Magazine), among the &#34;Legal Elite&#34; (Georgia Trend Magazine), and in the Bar Register of Preeminent Lawyers (Martindale).&#160; <br />
</em></p>
<p style="margin-left: 40px">&#160;For criteria to be considered in  selecting an attorney, see <a href="http://www.atlantainjurylawblog.com/legal-profession-the-smart-consumers-guide-to-hiring-a-great-lawyer.html"><em>The  Smart Consumer's Guide to Hiring a Great Lawyer</em></a>.</p>
     
    ]]></description>
			<content:encoded><![CDATA[<p class="syndicated-attribution">By 
   Atlanta Injury Law Blog
  , Ken Shigley. </p>

     <p>Last week Georgia joined the growing list of states passing laws to  address driver distraction by cell phones and text messaging, as follows:</p>
<p style="margin-left: 40px;"><font phonetic="" wp="">&quot;</font>40-6-241.<br />
A driver shall exercise due care in  operating a  motor vehicle on the highways of this state and shall not  engage in any  actions which shall distract such driver from the safe  operation of  such vehicle, provided that, except as prohibited by Code  Section  40-6-241.1, the proper use of a  radio, citizens band radio, or   mobile telephone, or amateur or ham radio shall not be a violation of  this Code section.&quot;&nbsp;</p>
<div>
<div style="margin-left: 40px;"><font phonetic="" wp="">&quot;</font>40-6-241.1.</div>
<div style="margin-left: 40px;">(a) As used in the  Code section, the term 'wireless telecommunications device' means a  cellular telephone, a text messaging device, a personal digital  assistant, a stand alone computer, or any other substantially similar  wireless device that is used to initiate or receive a wireless  communication with another person.  It does not include citizens band  radios, citizens band radio hybrids, commercial two-way radio  communication devices, subscription based emergency communications,  in-vehicle security, navigation devices, and remote diagnostics systems,  or amateur or ham radio devices.</div>
<div style="margin-left: 40px;">(b) No person who  is 18 years of age or older or who has a Class C license shall operate a  motor vehicle on any public road or highway of this state while using a  wireless telecommunications device to write, send, or read any text  based communication, including but not limited to a text message,  instant message, e-mail, or Internet data.</div>
<div style="margin-left: 40px;">(c) The provisions  of this Code section shall not apply to:</div>
<div style="margin-left: 40px;">(1) A person  reporting a traffic accident, medical emergency, fire, serious road  hazard, or a situation in which the person reasonably believes a  person's health or safety is in immediate jeopardy;</div>
<div style="margin-left: 40px;">(2) A person  reporting the perpetration or potential perpetration of a crime;</div>
<div style="margin-left: 40px;">(3) A public  utility employee or contractor acting within the scope of his or her  employment when responding to a public utility emergency;</div>
<div style="margin-left: 40px;">(4) A law  enforcement officer, firefighter, emergency medical services personnel,  ambulance driver, or other similarly employed public safety first  responder during the performance of his or her official duties; or</div>
<div style="margin-left: 40px;">(5) A person  engaging in wireless communication while in a motor vehicle which is  lawfully parked.</div>
<div style="margin-left: 40px;">(d) Any conviction  for a violation of the provisions of this Code section shall be a  misdemeanor punishable by a fine of $150.00.  The provisions of Chapter  11 of Title 17 and any other provision of law to the contrary  notwithstanding, the costs of such prosecution shall not be taxed nor  shall any additional penalty, fee, or surcharge to a fine for such  offense be assessed against a person for conviction thereof.  The court  imposing such fine shall forward a record of the disposition to the  Department of Driver Services.  Any violation of this Code section shall  constitute a separate offense.<font phonetic="" wp="">&quot;</font></div>
<div>
<div style="margin-left: 40px;"><font phonetic="" wp="">&quot;</font>40-6-250.</div>
<div style="margin-left: 40px;">No person shall operate a motor vehicle while  wearing a headset or headphone which would impair such person's ability  to hear, nor shall any person while operating a motor vehicle wear any  device which impairs such person's vision; provided, however, that a  person may wear a headset or headphone for communication purposes only while  operating a motorcycle.  This Code section shall not apply to hearing  aids or instruments for the improvement of defective human hearing,  eyeglasses, or sunglasses.  This Code section shall not apply to any law  enforcement officer or firefighter equipped with any communications  device necessary in the performance of such person's duties.<font phonetic="" wp="">&quot;</font></div>
<div style="margin-left: 40px;"><font phonetic="" wp="">Violations  glean one point under the driver's license point system.</font>&nbsp;</div>
</div>
</div>
<p>&nbsp;</p>
           <p style="margin-left: 40px;">&nbsp;</p>
<p style="margin-left: 40px;"><font color="#205647"><em><a href="http://www.atlantainjurylawyer.com/attorney-lawyer-1008470.html"><em>Ken  Shigley</em></a></em></font><em> </em><em> i</em><em><em><em>is treasurer of the State Bar of Georgia, of which he has been elected to become president-elect on 6/19/10 and president on 6/4/11.</em></em></em><em> </em><em>His law  practice&nbsp;focuses on representing people who are catastrophically  injured, and families of those killed, primarily in</em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html"><font color="#205647"> spinal cord injury ,</font></a></em></em><em> </em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008537.html"><font color="#205647">brain injury</font></a>,&nbsp;</em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html"><font color="#205647"> </font></a></em></em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008539.html"><font color="#205647">burn injury , </font></a></em><em><a href="http://www.atlantainjurylawyer.com/products-liability-lawyer-attorney-1008518.html"><font color="#205647">products liability</font></a>, <a href="http://www.atlantainjurylawyer.com/trucking-accident-attorney-lawyer-1008491.html"><font color="#205647">trucking and bus accidents</font></a><em>,</em><em> </em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008519.html"><font color="#205647">catastrophic personal injury</font></a>, </em><em><a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html"><font color="#205647">wrongful death</font></a>, </em><em>and </em>cases. Much of his practice is focused on tractor trailer, big rig, 18 wheeler, truck and bus crashes.&nbsp; He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy,&nbsp; has been listed as a &quot;Super Lawyer&quot; (Atlanta Magazine), among the &quot;Legal Elite&quot; (Georgia Trend Magazine), and in the Bar Register of Preeminent Lawyers (Martindale).&nbsp; <br />
</em></p>
<p style="margin-left: 40px;">&nbsp;For criteria to be considered in  selecting an attorney, see <a href="http://www.atlantainjurylawblog.com/legal-profession-the-smart-consumers-guide-to-hiring-a-great-lawyer.html"><em>The  Smart Consumer's Guide to Hiring a Great Lawyer</em></a>.</p>
     
    
<p class="syndicated-attribution">Originally posted at 
   Atlanta Injury Law Blog
  . Please visit <a href="
   http://www.atlantainjurylawblog.com/
  " rel="nofollow">
   http://www.atlantainjurylawblog.com/
  </a>.</p>]]></content:encoded>
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		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Proposal for $10 tag fee to fund trauma centers</title>
		<link>http://www.lawtipsandinfo.com/proposal-for-10-tag-fee-to-fund-trauma-centers/</link>
		<comments>http://www.lawtipsandinfo.com/proposal-for-10-tag-fee-to-fund-trauma-centers/#comments</comments>
		<pubDate>Sun, 18 Apr 2010 12:57:38 +0000</pubDate>
		<dc:creator>Ken Shigley</dc:creator>
				<category><![CDATA[Injury Law]]></category>

		<guid isPermaLink="false">
     http://www.atlantainjurylawblog.com/injury-law-proposal-for-10-tag-fee-to-fund-trauma-centers.html
</guid>
		<description><![CDATA[
     <p>Here's a proposal on which the legal, medical and business communities in Georgia should be able to agree.</p>
<p>SR 277, now pending in the Georgia House of Representatives, would initiate a $10 surcharge on car tags to fund a network of trauma centers across Georgia.</p>
<p>Today, Georgia has just 15 trauma centers &#8212; hospitals with the surgeons, specialists and technology needed to treat patients with life-threatening injuries sustained on the highway, in the workplace or at home.</p>
<p>These centers are scattered across the state, leaving huge gaps in between. In fact, more than 1 million Georgians now live 50, 75 or even 100 miles from the nearest trauma center. Add to that those who travel through our state each day and even more people are outside of the critical 60-minute window &#8212; the &#8220;golden hour&#8221; &#8212; immediately following injury, during which a patient must receive appropriate care to avoid disability or death.</p>
<p>This shortage of trauma centers overburdens the 15 that exist today, which together treat more than 10,000 cases a year. It strains the coffers of the cities and counties that are helping those 15 centers stay afloat. And it makes businesses think twice about locating where employees can&#8217;t get the care they need in the event of an emergency at home, at work or traveling between.</p>
<p>The <a href="http://www.gwinnettdailypost.com/opinion/headlines/91300284.html">Georgia Chamber of Commerce</a>, hospitals and doctors have joined in supporting this proposal. It has not been brought to the attention of the State Bar's legislative committee, as it is arguably not germane to the purposes of the unified Bar and therefore may not fit within constraints on the types of legislative issues on which the Bar can take positions.&#160; However, Georgia trial lawyers should support it too as it is critical to preserving the lives of our friends, neighbors, family members and, yes, our clients, who suffer traumatic injuries in rural areas of the state.</p>
<p>&#160;</p>
<p>&#160;</p>
<p>&#160;</p>
           <p style="margin-left: 40px"><em>&#160;</em></p>
<p style="margin-left: 40px"><font color="#205647"><em><a href="http://www.atlantainjurylawyer.com/attorney-lawyer-1008470.html"><em>Ken  Shigley</em></a></em></font><em>&#160;</em><em>is treasurer of the State Bar of Georgia</em><em>, of which he has been elected to become president-elect on 6/19/10 and president on 6/4/11.</em><em> </em><em>His law  practice&#160;focuses on representing people who are catastrophically  injured, and families of those killed, primarily in</em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html"><font color="#205647"> spinal cord injury ,</font></a></em></em><em> </em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008537.html"><font color="#205647">brain injury</font></a>,&#160;</em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html"><font color="#205647"> </font></a></em></em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008539.html"><font color="#205647">burn injury , </font></a></em><em><a href="http://www.atlantainjurylawyer.com/products-liability-lawyer-attorney-1008518.html"><font color="#205647">products liability</font></a>, <a href="http://www.atlantainjurylawyer.com/trucking-accident-attorney-lawyer-1008491.html"><font color="#205647">trucking and bus accidents</font></a><em>,</em><em> </em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008519.html"><font color="#205647">catastrophic personal injury</font></a>, </em><em><a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html"><font color="#205647">wrongful death</font></a>, </em><em>and </em>cases. Much of his practice is focused on tractor trailer, big rig, 18 wheeler, truck and bus crashes.&#160; He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy,&#160; has been listed as a &#34;Super Lawyer&#34; (Atlanta Magazine), among the &#34;Legal Elite&#34; (Georgia Trend Magazine), and in the Bar Register of Preeminent Lawyers (Martindale).&#160; <br />
</em></p>
<p style="margin-left: 40px">&#160;For criteria to be considered in  selecting an attorney, see <a href="http://www.atlantainjurylawblog.com/legal-profession-the-smart-consumers-guide-to-hiring-a-great-lawyer.html"><em>The  Smart Consumer's Guide to Hiring a Great Lawyer</em></a>.</p>
     
    ]]></description>
			<content:encoded><![CDATA[<p class="syndicated-attribution">By 
   Atlanta Injury Law Blog
  , Ken Shigley. </p>

     <p>Here's a proposal on which the legal, medical and business communities in Georgia should be able to agree.</p>
<p>SR 277, now pending in the Georgia House of Representatives, would initiate a $10 surcharge on car tags to fund a network of trauma centers across Georgia.</p>
<p>Today, Georgia has just 15 trauma centers &mdash; hospitals with the surgeons, specialists and technology needed to treat patients with life-threatening injuries sustained on the highway, in the workplace or at home.</p>
<p>These centers are scattered across the state, leaving huge gaps in between. In fact, more than 1 million Georgians now live 50, 75 or even 100 miles from the nearest trauma center. Add to that those who travel through our state each day and even more people are outside of the critical 60-minute window &mdash; the &ldquo;golden hour&rdquo; &mdash; immediately following injury, during which a patient must receive appropriate care to avoid disability or death.</p>
<p>This shortage of trauma centers overburdens the 15 that exist today, which together treat more than 10,000 cases a year. It strains the coffers of the cities and counties that are helping those 15 centers stay afloat. And it makes businesses think twice about locating where employees can&rsquo;t get the care they need in the event of an emergency at home, at work or traveling between.</p>
<p>The <a href="http://www.gwinnettdailypost.com/opinion/headlines/91300284.html">Georgia Chamber of Commerce</a>, hospitals and doctors have joined in supporting this proposal. It has not been brought to the attention of the State Bar's legislative committee, as it is arguably not germane to the purposes of the unified Bar and therefore may not fit within constraints on the types of legislative issues on which the Bar can take positions.&nbsp; However, Georgia trial lawyers should support it too as it is critical to preserving the lives of our friends, neighbors, family members and, yes, our clients, who suffer traumatic injuries in rural areas of the state.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
           <p style="margin-left: 40px;"><em>&nbsp;</em></p>
<p style="margin-left: 40px;"><font color="#205647"><em><a href="http://www.atlantainjurylawyer.com/attorney-lawyer-1008470.html"><em>Ken  Shigley</em></a></em></font><em>&nbsp;</em><em>is treasurer of the State Bar of Georgia</em><em>, of which he has been elected to become president-elect on 6/19/10 and president on 6/4/11.</em><em> </em><em>His law  practice&nbsp;focuses on representing people who are catastrophically  injured, and families of those killed, primarily in</em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html"><font color="#205647"> spinal cord injury ,</font></a></em></em><em> </em><em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008537.html"><font color="#205647">brain injury</font></a>,&nbsp;</em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html"><font color="#205647"> </font></a></em></em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008539.html"><font color="#205647">burn injury , </font></a></em><em><a href="http://www.atlantainjurylawyer.com/products-liability-lawyer-attorney-1008518.html"><font color="#205647">products liability</font></a>, <a href="http://www.atlantainjurylawyer.com/trucking-accident-attorney-lawyer-1008491.html"><font color="#205647">trucking and bus accidents</font></a><em>,</em><em> </em><em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008519.html"><font color="#205647">catastrophic personal injury</font></a>, </em><em><a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html"><font color="#205647">wrongful death</font></a>, </em><em>and </em>cases. Much of his practice is focused on tractor trailer, big rig, 18 wheeler, truck and bus crashes.&nbsp; He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy,&nbsp; has been listed as a &quot;Super Lawyer&quot; (Atlanta Magazine), among the &quot;Legal Elite&quot; (Georgia Trend Magazine), and in the Bar Register of Preeminent Lawyers (Martindale).&nbsp; <br />
</em></p>
<p style="margin-left: 40px;">&nbsp;For criteria to be considered in  selecting an attorney, see <a href="http://www.atlantainjurylawblog.com/legal-profession-the-smart-consumers-guide-to-hiring-a-great-lawyer.html"><em>The  Smart Consumer's Guide to Hiring a Great Lawyer</em></a>.</p>
     
    
<p class="syndicated-attribution">Originally posted at 
   Atlanta Injury Law Blog
  . Please visit <a href="
   http://www.atlantainjurylawblog.com/
  " rel="nofollow">
   http://www.atlantainjurylawblog.com/
  </a>.</p>]]></content:encoded>
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		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Georgia Personal Injury Practice book manuscript completed</title>
		<link>http://www.lawtipsandinfo.com/georgia-personal-injury-practice-book-manuscript-completed/</link>
		<comments>http://www.lawtipsandinfo.com/georgia-personal-injury-practice-book-manuscript-completed/#comments</comments>
		<pubDate>Wed, 23 Dec 2009 14:04:12 +0000</pubDate>
		<dc:creator>Ken Shigley</dc:creator>
				<category><![CDATA[Injury Law]]></category>

		<guid isPermaLink="false">
     http://www.atlantainjurylawblog.com/injury-law-georgia-personal-injury-practice-book-manuscript-completed.html
</guid>
		<description><![CDATA[
     <p>This morning at 8:58 AM, I completed writing my book, <em>Georgia Personal Injury Practice</em>. It's been like a mouse giving birth to an elephant.</p>
<p>This morning I will email the chapters to my editor at West Publishing, a division of Thomson Reuters. Undoubtedly there will be much work in the editing process.&#160; But if all goes according to plan, sometime before summer, it should be published.</p>
<p>It is finished.</p>
<p>Merry Christmas!</p>
<p>&#160;</p>
           <p style="margin-left: 40px;">&#160;&#160;</p>
<p style="margin-left: 40px;"><font color="#205647"><em><a href="http://www.atlantainjurylawyer.com/attorney-lawyer-1008470.html">Ken Shigley</a></em></font><em>, an Atlanta attorney, launched the first law firm web site in Georgia in 1996, and the second lawyer blog in the state. He is </em><em>a national board member of the Interstate Trucking Litigation Group. His </em><em>practice&#160;</em><em>focuses on representing people who are catastrophically injured, and families of those killed, primarily in commercial </em><em><a href="http://www.atlantainjurylawyer.com/trucking-accident-attorney-lawyer-1008491.html"><font color="#205647"><em>trucking and bus accidents</em></font></a></em><em>. </em><em>Mr. Shigley also has extensive experience representing parties in&#160;<em> </em><a href="http://www.atlantainjurylawyer.com/products-liability-lawyer-attorney-1008518.html"><font color="#205647"><em>products liability</em></font></a><em>, </em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008519.html"><font color="#205647"><em>catastrophic personal injury</em></font></a><em>, </em><a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html"><font color="#205647"><em>wrongful death</em></font></a><em>, </em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008537.html"><font color="#205647"><em>brain injury</em></font></a><em>, </em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html"><font color="#205647"><em>spinal cord injury </em></font></a><em>and </em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008539.html"><font color="#205647"><em>burn injury </em></font></a><em>cases.</em></em><em> He is a</em><em> </em><em> Certified Civil Trial Advocate of the National Board of Trial Advocacy</em><em>,&#160; </em><em>has been listed </em><em> </em><em>as a &#34;Super Lawyer&#34; (Atlanta Magazine), </em><em>in the Bar Register of Preeminent Lawyers (Martindale), and </em><em>among the &#34;Legal Elite&#34; (Georgia Trend Magazine).</em></p>
<p style="margin-left: 40px;"><em>Mr. Shigley is currently </em><em>unopposed as a candidate for president-elect, of the 41,000 member State Bar of Georgia, of which he has served as secretary and treasurer.</em><em><br />
</em></p>
<p style="margin-left: 40px;">&#160;For criteria to be considered in selecting an attorney, see <a href="http://www.atlantainjurylawblog.com/legal-profession-the-smart-consumers-guide-to-hiring-a-great-lawyer.html"><em>The Smart Consumer's Guide to Hiring a Great Lawyer</em></a>.</p>
     
    ]]></description>
			<content:encoded><![CDATA[<p class="syndicated-attribution">By 
   Atlanta Injury Law Blog
  , Ken Shigley. </p>

     <p>This morning at 8:58 AM, I completed writing my book, <em>Georgia Personal Injury Practice</em>. It's been like a mouse giving birth to an elephant.</p>
<p>This morning I will email the chapters to my editor at West Publishing, a division of Thomson Reuters. Undoubtedly there will be much work in the editing process.&nbsp; But if all goes according to plan, sometime before summer, it should be published.</p>
<p>It is finished.</p>
<p>Merry Christmas!</p>
<p>&nbsp;</p>
           <p style="margin-left: 40px;">&nbsp;&nbsp;</p>
<p style="margin-left: 40px;"><font color="#205647"><em><a href="http://www.atlantainjurylawyer.com/attorney-lawyer-1008470.html">Ken Shigley</a></em></font><em>, an Atlanta attorney, launched the first law firm web site in Georgia in 1996, and the second lawyer blog in the state. He is </em><em>a national board member of the Interstate Trucking Litigation Group. His </em><em>practice&nbsp;</em><em>focuses on representing people who are catastrophically injured, and families of those killed, primarily in commercial </em><em><a href="http://www.atlantainjurylawyer.com/trucking-accident-attorney-lawyer-1008491.html"><font color="#205647"><em>trucking and bus accidents</em></font></a></em><em>. </em><em>Mr. Shigley also has extensive experience representing parties in&nbsp;<em> </em><a href="http://www.atlantainjurylawyer.com/products-liability-lawyer-attorney-1008518.html"><font color="#205647"><em>products liability</em></font></a><em>, </em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008519.html"><font color="#205647"><em>catastrophic personal injury</em></font></a><em>, </em><a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html"><font color="#205647"><em>wrongful death</em></font></a><em>, </em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008537.html"><font color="#205647"><em>brain injury</em></font></a><em>, </em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html"><font color="#205647"><em>spinal cord injury </em></font></a><em>and </em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008539.html"><font color="#205647"><em>burn injury </em></font></a><em>cases.</em></em><em> He is a</em><em> </em><em> Certified Civil Trial Advocate of the National Board of Trial Advocacy</em><em>,&nbsp; </em><em>has been listed </em><em> </em><em>as a &quot;Super Lawyer&quot; (Atlanta Magazine), </em><em>in the Bar Register of Preeminent Lawyers (Martindale), and </em><em>among the &quot;Legal Elite&quot; (Georgia Trend Magazine).</em></p>
<p style="margin-left: 40px;"><em>Mr. Shigley is currently </em><em>unopposed as a candidate for president-elect, of the 41,000 member State Bar of Georgia, of which he has served as secretary and treasurer.</em><em><br />
</em></p>
<p style="margin-left: 40px;">&nbsp;For criteria to be considered in selecting an attorney, see <a href="http://www.atlantainjurylawblog.com/legal-profession-the-smart-consumers-guide-to-hiring-a-great-lawyer.html"><em>The Smart Consumer's Guide to Hiring a Great Lawyer</em></a>.</p>
     
    
<p class="syndicated-attribution">Originally posted at 
   Atlanta Injury Law Blog
  . Please visit <a href="
   http://www.atlantainjurylawblog.com/
  " rel="nofollow">
   http://www.atlantainjurylawblog.com/
  </a>.</p>]]></content:encoded>
			<wfw:commentRss>http://www.lawtipsandinfo.com/georgia-personal-injury-practice-book-manuscript-completed/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>4,000 years of &#8220;tort reform&#8221;</title>
		<link>http://www.lawtipsandinfo.com/4000-years-of-tort-reform/</link>
		<comments>http://www.lawtipsandinfo.com/4000-years-of-tort-reform/#comments</comments>
		<pubDate>Sat, 05 Dec 2009 20:33:55 +0000</pubDate>
		<dc:creator>Ken Shigley</dc:creator>
				<category><![CDATA[Injury Law]]></category>
		<category><![CDATA[Tort Reform in Georgia]]></category>

		<guid isPermaLink="false">
     http://www.atlantainjurylawblog.com/tort-reform-in-georgia-4000-years-of-tort-reform.html
</guid>
		<description><![CDATA[
     <p>As an Atlanta trial attorney representing folks who are badly hurt in interstate commercial trucking accidents, and the survivors of those who are killed, I&#160;spend a lot of my time flying around the country to take depositions of trucking company executives and truck drivers, and briefing issues under federal motor carrier safety law. It's a specialized practice area that a lot of folks don't even realize exists.</p>
<p>But in the midst of the &#34;pick and ax&#34; work of litigation, sometimes it's good to step back and look at the tort law system in historical perspective. Some folks who push hardest&#160; to cut off the rights of folks who are hurt badly due to someone else's carelessness seem to think that this whole area of law sprung up in the past generation.</p>
<p>But the roots go back 4,000 years.</p>
<p>The story of&#160; tort law begins around 2100 B.C. in ancient Sumeria, the birthplace of Abraham, in the area of the Tigris-Euphrates delta in present day southern Iraq and Kuwait.&#160;&#160; Much as later American tort law would emphasize business, insurance, motor vehicles and manufactured products, Sumerian laws focused on their context, including pragmatic rules for orderly compensation supplanting the instinct for uncontrolled revenge.&#160; The Laws of Ur-Nammu (c. 2112&#8211;2085 B.C.)&#160; mandated compensation in silver for putting out a man&#8217;s eye, and the Code of Lipit-Ishtar (c. 1934-1924 BC) set a negligence standard for property damage to a house.&#160; The Sumerian city-state of Eshnunna developed a legal code (c. 1900 B.C.), that expanded upon these principles of compensation for damages done to another, addressing conflicts over sunken boats, gored oxen, biting dogs and&#160; collapsing walls.</p>
<p>A couple of centuries later, upstream in the Tigris-Euphrates river valley,&#160; Sumerian laws become the foundation of the Code of Hammurabi (c. 1700 BC).&#160; Included were early versions of the principal features of tort liability &#8211; intentional tort, negligence, strict liability, indirect causation, fixed versus variable compensation, notice, knowledge, objective standards for conduct, monetary compensation for private harms, and perhaps even contributory negligence.&#160;</p>
<p>When Moses led the Hebrews out of Egyptian slavery (circa 1440 B.C. -&#160; 1290 B.C.), the Mosaic laws included echoes of Sumeria (father Abraham's hometown) and Hammurabi.&#160; The Torah is filled with what we think of as 'tort' rules, indicating the depth of the roots of tort law in the Judeo-Christian tradition.&#160; Precursors of tort law in the Pentateuch include the spreading fire, the straying livestock, the uncovered pit, the bull goring another bull (property damage), the bull goring humans (personal injury), the injunction to maintain a railing around one&#8217;s roof, compensation for&#160; accidental injury of one man by another swinging an ax, and that one man quarreling with and injuring another man must pay the wages of the injured man until he recovers.</p>
<p>A thousand years after Hammurabi, the legal system of ancient Greece began to emerge. The emphasis was on&#160; fairness and integrity of judges more than the specifics of rules and doctrine, as judges were chosen by the parties much as private mediators and arbitrator are chosen today.&#160; However, running through is a growing preference for resolving disputes through just compensation rather than the bloody retribution and feuds of old. Principles of corrective justice emerged.&#160;</p>
<p>Plato in The Laws wrote of &#34;little repeated torts between neighbors&#34; for which there was strict liability to others for either personal harm or invasion of property, and awards of a multiple of pecuniary damages for &#8220;churlish&#8221; conduct.&#160; Aristotle in Nichomachean Ethics taught the rectification of marginal inequality created by involuntary transactions in which either an intentional act or an unintentional &#8220;mistake&#8221; &#8211; equivalent to concept of negligence in modern tort law &#8211; causes foreseeable injury.&#160; The amount of inequality to be rectified was the the community's valuation the physical injury due to the defendant's wrongful act.&#160; Customary Greek law was first codified by Dracon, circa 622 B.C., with penalties so harsh as to give us the word draconian and as to require reform within a generation. By 594 B.C., Salon was given a year to reform the Athenian constitution, legal code and law courts. Under the Code of Salon, juries of as many as 500 members determined both fault and penalties, a spectacle against which those who distrust modern juries would surely recoil.</p>
<p>Early Roman law was simple and pragmatic, arising from an agrarian culture thrust into a role of economic and military dominance.&#160; The disparate sources of customary laws were codified initially on ten wooden panels around 889 B.C. by a panel of ten patrician jurists (Decemvirs), into the &#8220;Ten Tables,&#8221; later expanded by 450 B.C. to the &#8220;Twelve Tables.&#8221; Private wrongs were called &#34;delicts.&#34; The penalty for intentional homicide was blood vengeance at the election of the victim&#8217;s family, while for an unintentional homicide payment of a prescribed number of cattle or a ram (scapegoat) for ritual sacrifice by the victim&#8217;s family.&#160; For accidental personal injury there was often an election between retaliation in kind or a specified payment. Delicts addressing various categories of property damage required two or three times the amount of actual pecuniary loss.</p>
<p>The Twelve Tables were replaced by the Lex Aquila, enacted by popular plebiscite circa 286 B.C.&#160; While preserving the general rule of strict liability for one&#8217;s actions, the Lex Aquila introduced elements of fault and negligence. To encourage truthfulness, willful denial of a meritorious claim could result in doubling of the damages awarded.&#160; The Lex Cornelia ( c. 67 B.C.) adjusted monetary remedies upward to account for four centuries of inflation since adoption of the Twelve Tables.</p>
<p>Throughout Rome&#8217;s thousand year dominance, its laws were continually reformed, refined, and influenced by legal scholars, culminating in the Justinian Code. Except for the limitations inherent in a class-conscious, patriarchal society heavily dependent on a slave economy, Roman law provided the foundation for civil remedies for personal injury, including (1) money damages as the dominant remedy in resolving civil disputes; (2) the identification of instances in which strict liability for the consequences of one's actions might not apply, such as in the instance of action not voluntarily taken; (3)&#160; transparency in judicial decision making as Praetors were required pronounce the law they would apply; and (4) judicial discretion to determine when strict application of legal rules, or the absence of rules and remedies, would produce a manifestly unjust outcome.</p>
<p>Over thousands of years, these early foundations of tort law led to the development of English common law and our American tort law system.&#160; This body of law has been in the process of reforming to meet the changing needs and conditions of western civilization for 5,000 years.</p>
<p>Sometimes the pendulum swings too far in one direction or another, and when that happens, lawmakers and judges tug it back toward the middle of the path. Fortunately, we have some legislators in both parties who understand the issues in enough depth to make wise choices rather than being consumed in the urgency of political sausage making while struggling with the immediacy of budget problems and the cacophony of interest group demands. Some of&#160; the folks who beat the drums loudest for &#34;tort reform&#34; go too far, sometimes out of a desire to generate political campaign contributions from particular interests. But some ideas in the &#34;tort reform&#34; area can have merit if applied fairly and in moderation. </p>
<p>Over time, despite the excesses on the margins, the path of development of personal injury law tends to be consistent with Georgia's state motto: &#34;Wisdom, Justice, Moderation.&#34; </p>
<p>&#160;</p>
           <p style="margin-left: 40px;">&#160;</p>
<p style="margin-left: 40px;"><font color="#205647"><em><a href="http://www.atlantainjurylawyer.com/attorney-lawyer-1008470.html">Ken Shigley</a></em></font><em>, an Atlanta attorney, is </em><em>a national board member of the Interstate Trucking Litigation Group. His </em><em>practice&#160;</em><em>focuses on representing people who are catastrophically injured, and families of those killed, primarily in commercial </em><em><a href="http://www.atlantainjurylawyer.com/trucking-accident-attorney-lawyer-1008491.html"><font color="#205647"><em>trucking and bus accidents</em></font></a></em><em>. </em><em>Mr. Shigley also has extensive experience representing parties in&#160;<em> </em><a href="http://www.atlantainjurylawyer.com/products-liability-lawyer-attorney-1008518.html"><font color="#205647"><em>products liability</em></font></a><em>, </em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008519.html"><font color="#205647"><em>catastrophic personal injury</em></font></a><em>, </em><a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html"><font color="#205647"><em>wrongful death</em></font></a><em>, </em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008537.html"><font color="#205647"><em>brain injury</em></font></a><em>, </em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html"><font color="#205647"><em>spinal cord injury </em></font></a><em>and </em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008539.html"><font color="#205647"><em>burn injury </em></font></a><em>cases.</em></em><em> He is a</em><em> </em><em> Certified Civil Trial Advocate of the National Board of Trial Advocacy</em><em>,&#160; </em><em>has been listed </em><em> </em><em>as a &#34;Super Lawyer&#34; (Atlanta Magazine), </em><em>among the &#34;Legal Elite&#34; (Georgia Trend Magazine), </em><em>and in the Bar Register of Preeminent Lawyers (Martindale).&#160; </em><em>Currently he is </em><em> treasurer, and unopposed as a candidate for president-elect, of the 41,000 member State Bar of Georgia.</em><em><br />
</em></p>
<p style="margin-left: 40px;">&#160;For criteria to be considered in selecting an attorney, see <a href="http://www.atlantainjurylawblog.com/legal-profession-the-smart-consumers-guide-to-hiring-a-great-lawyer.html"><em>The Smart Consumer's Guide to Hiring a Great Lawyer</em></a>.</p>
     
    ]]></description>
			<content:encoded><![CDATA[<p class="syndicated-attribution">By 
   Atlanta Injury Law Blog
  , Ken Shigley. </p>

     <p>As an Atlanta trial attorney representing folks who are badly hurt in interstate commercial trucking accidents, and the survivors of those who are killed, I&nbsp;spend a lot of my time flying around the country to take depositions of trucking company executives and truck drivers, and briefing issues under federal motor carrier safety law. It's a specialized practice area that a lot of folks don't even realize exists.</p>
<p>But in the midst of the &quot;pick and ax&quot; work of litigation, sometimes it's good to step back and look at the tort law system in historical perspective. Some folks who push hardest&nbsp; to cut off the rights of folks who are hurt badly due to someone else's carelessness seem to think that this whole area of law sprung up in the past generation.</p>
<p>But the roots go back 4,000 years.</p>
<p>The story of&nbsp; tort law begins around 2100 B.C. in ancient Sumeria, the birthplace of Abraham, in the area of the Tigris-Euphrates delta in present day southern Iraq and Kuwait.&nbsp;&nbsp; Much as later American tort law would emphasize business, insurance, motor vehicles and manufactured products, Sumerian laws focused on their context, including pragmatic rules for orderly compensation supplanting the instinct for uncontrolled revenge.&nbsp; The Laws of Ur-Nammu (c. 2112&ndash;2085 B.C.)&nbsp; mandated compensation in silver for putting out a man&rsquo;s eye, and the Code of Lipit-Ishtar (c. 1934-1924 BC) set a negligence standard for property damage to a house.&nbsp; The Sumerian city-state of Eshnunna developed a legal code (c. 1900 B.C.), that expanded upon these principles of compensation for damages done to another, addressing conflicts over sunken boats, gored oxen, biting dogs and&nbsp; collapsing walls.</p>
<p>A couple of centuries later, upstream in the Tigris-Euphrates river valley,&nbsp; Sumerian laws become the foundation of the Code of Hammurabi (c. 1700 BC).&nbsp; Included were early versions of the principal features of tort liability &ndash; intentional tort, negligence, strict liability, indirect causation, fixed versus variable compensation, notice, knowledge, objective standards for conduct, monetary compensation for private harms, and perhaps even contributory negligence.&nbsp;</p>
<p>When Moses led the Hebrews out of Egyptian slavery (circa 1440 B.C. -&nbsp; 1290 B.C.), the Mosaic laws included echoes of Sumeria (father Abraham's hometown) and Hammurabi.&nbsp; The Torah is filled with what we think of as 'tort' rules, indicating the depth of the roots of tort law in the Judeo-Christian tradition.&nbsp; Precursors of tort law in the Pentateuch include the spreading fire, the straying livestock, the uncovered pit, the bull goring another bull (property damage), the bull goring humans (personal injury), the injunction to maintain a railing around one&rsquo;s roof, compensation for&nbsp; accidental injury of one man by another swinging an ax, and that one man quarreling with and injuring another man must pay the wages of the injured man until he recovers.</p>
<p>A thousand years after Hammurabi, the legal system of ancient Greece began to emerge. The emphasis was on&nbsp; fairness and integrity of judges more than the specifics of rules and doctrine, as judges were chosen by the parties much as private mediators and arbitrator are chosen today.&nbsp; However, running through is a growing preference for resolving disputes through just compensation rather than the bloody retribution and feuds of old. Principles of corrective justice emerged.&nbsp;</p>
<p>Plato in The Laws wrote of &quot;little repeated torts between neighbors&quot; for which there was strict liability to others for either personal harm or invasion of property, and awards of a multiple of pecuniary damages for &ldquo;churlish&rdquo; conduct.&nbsp; Aristotle in Nichomachean Ethics taught the rectification of marginal inequality created by involuntary transactions in which either an intentional act or an unintentional &ldquo;mistake&rdquo; &ndash; equivalent to concept of negligence in modern tort law &ndash; causes foreseeable injury.&nbsp; The amount of inequality to be rectified was the the community's valuation the physical injury due to the defendant's wrongful act.&nbsp; Customary Greek law was first codified by Dracon, circa 622 B.C., with penalties so harsh as to give us the word draconian and as to require reform within a generation. By 594 B.C., Salon was given a year to reform the Athenian constitution, legal code and law courts. Under the Code of Salon, juries of as many as 500 members determined both fault and penalties, a spectacle against which those who distrust modern juries would surely recoil.</p>
<p>Early Roman law was simple and pragmatic, arising from an agrarian culture thrust into a role of economic and military dominance.&nbsp; The disparate sources of customary laws were codified initially on ten wooden panels around 889 B.C. by a panel of ten patrician jurists (Decemvirs), into the &ldquo;Ten Tables,&rdquo; later expanded by 450 B.C. to the &ldquo;Twelve Tables.&rdquo; Private wrongs were called &quot;delicts.&quot; The penalty for intentional homicide was blood vengeance at the election of the victim&rsquo;s family, while for an unintentional homicide payment of a prescribed number of cattle or a ram (scapegoat) for ritual sacrifice by the victim&rsquo;s family.&nbsp; For accidental personal injury there was often an election between retaliation in kind or a specified payment. Delicts addressing various categories of property damage required two or three times the amount of actual pecuniary loss.</p>
<p>The Twelve Tables were replaced by the Lex Aquila, enacted by popular plebiscite circa 286 B.C.&nbsp; While preserving the general rule of strict liability for one&rsquo;s actions, the Lex Aquila introduced elements of fault and negligence. To encourage truthfulness, willful denial of a meritorious claim could result in doubling of the damages awarded.&nbsp; The Lex Cornelia ( c. 67 B.C.) adjusted monetary remedies upward to account for four centuries of inflation since adoption of the Twelve Tables.</p>
<p>Throughout Rome&rsquo;s thousand year dominance, its laws were continually reformed, refined, and influenced by legal scholars, culminating in the Justinian Code. Except for the limitations inherent in a class-conscious, patriarchal society heavily dependent on a slave economy, Roman law provided the foundation for civil remedies for personal injury, including (1) money damages as the dominant remedy in resolving civil disputes; (2) the identification of instances in which strict liability for the consequences of one's actions might not apply, such as in the instance of action not voluntarily taken; (3)&nbsp; transparency in judicial decision making as Praetors were required pronounce the law they would apply; and (4) judicial discretion to determine when strict application of legal rules, or the absence of rules and remedies, would produce a manifestly unjust outcome.</p>
<p>Over thousands of years, these early foundations of tort law led to the development of English common law and our American tort law system.&nbsp; This body of law has been in the process of reforming to meet the changing needs and conditions of western civilization for 5,000 years.</p>
<p>Sometimes the pendulum swings too far in one direction or another, and when that happens, lawmakers and judges tug it back toward the middle of the path. Fortunately, we have some legislators in both parties who understand the issues in enough depth to make wise choices rather than being consumed in the urgency of political sausage making while struggling with the immediacy of budget problems and the cacophony of interest group demands. Some of&nbsp; the folks who beat the drums loudest for &quot;tort reform&quot; go too far, sometimes out of a desire to generate political campaign contributions from particular interests. But some ideas in the &quot;tort reform&quot; area can have merit if applied fairly and in moderation. </p>
<p>Over time, despite the excesses on the margins, the path of development of personal injury law tends to be consistent with Georgia's state motto: &quot;Wisdom, Justice, Moderation.&quot; </p>
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           <p style="margin-left: 40px;">&nbsp;</p>
<p style="margin-left: 40px;"><font color="#205647"><em><a href="http://www.atlantainjurylawyer.com/attorney-lawyer-1008470.html">Ken Shigley</a></em></font><em>, an Atlanta attorney, is </em><em>a national board member of the Interstate Trucking Litigation Group. His </em><em>practice&nbsp;</em><em>focuses on representing people who are catastrophically injured, and families of those killed, primarily in commercial </em><em><a href="http://www.atlantainjurylawyer.com/trucking-accident-attorney-lawyer-1008491.html"><font color="#205647"><em>trucking and bus accidents</em></font></a></em><em>. </em><em>Mr. Shigley also has extensive experience representing parties in&nbsp;<em> </em><a href="http://www.atlantainjurylawyer.com/products-liability-lawyer-attorney-1008518.html"><font color="#205647"><em>products liability</em></font></a><em>, </em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008519.html"><font color="#205647"><em>catastrophic personal injury</em></font></a><em>, </em><a href="http://www.atlantainjurylawyer.com/wrongful-death-attorney-lawyer-1008540.html"><font color="#205647"><em>wrongful death</em></font></a><em>, </em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008537.html"><font color="#205647"><em>brain injury</em></font></a><em>, </em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008536.html"><font color="#205647"><em>spinal cord injury </em></font></a><em>and </em><a href="http://www.atlantainjurylawyer.com/injury-attorney-accident-lawyer-1008539.html"><font color="#205647"><em>burn injury </em></font></a><em>cases.</em></em><em> He is a</em><em> </em><em> Certified Civil Trial Advocate of the National Board of Trial Advocacy</em><em>,&nbsp; </em><em>has been listed </em><em> </em><em>as a &quot;Super Lawyer&quot; (Atlanta Magazine), </em><em>among the &quot;Legal Elite&quot; (Georgia Trend Magazine), </em><em>and in the Bar Register of Preeminent Lawyers (Martindale).&nbsp; </em><em>Currently he is </em><em> treasurer, and unopposed as a candidate for president-elect, of the 41,000 member State Bar of Georgia.</em><em><br />
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<p style="margin-left: 40px;">&nbsp;For criteria to be considered in selecting an attorney, see <a href="http://www.atlantainjurylawblog.com/legal-profession-the-smart-consumers-guide-to-hiring-a-great-lawyer.html"><em>The Smart Consumer's Guide to Hiring a Great Lawyer</em></a>.</p>
     
    
<p class="syndicated-attribution">Originally posted at 
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