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Personal Injury

• BMW Recalls 15,532 Motorcycles for Brake Defect
  Jun 24, 2010

  BMW recalled 15,532 motorcycles in the U.S. for defects that could cause the front-wheel brakes to fail, increasing the chance of fatal motorcycle accidents.  The defect can cause the brake line to split and leak fluid due to vibration and strain, possibly leading to front brake failure, NHTSA said.

  BMW also recalled R 1200 series GS Adventure motorcycles for model years 2005 through 2007 for bolts attaching fuel tanks that can come loose.
  
  Motorcycle accidents often involve serious injuries do to the lack of protection motorcycles provide. If you or a loved one has been injured in a motorcycle accident contact a personal injury attorney. They will be able to get you the compensation you deserve while you focus on your injuries. Call the personal injury lawyers at Rutter Mills in Norfolk, Virginia at 757.622.5000.

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• Georgia High Court strikes down cap on medical malpractice awards
  Mar 23, 2010

  Georgia Supreme Court struck down limits on jury awards in medical malpractice cases, the cornerstone of the state's sweeping 2005 tort reform law.
  

  The state high court determined that a $350,000 cap on noneconomic damages, which includes compensation for a plaintiff's pain and suffering, violates the right to a jury trial as guaranteed under the Georgia Constitution.

  The ruling upheld a $1.265 million jury award to Marietta real estate agent Betty Nestlehutt, now 75. After a face-lift operation in 2006, Nestlehutt's face was covered with gaping wounds that required prolonged, excruciating treatments to keep them from becoming infected. The wounds left her permanently disfigured.

  In its decision, the state Supreme Court noted that the right to a jury trial for negligence claims against health care providers predates the adoption of Georgia's Constitution in 1798.

  The 2005 law's cap on damage awards "clearly nullifies the jury's findings of fact regarding damages and thereby undermines the jury's basic function," Chief Justice Carol Hunstein wrote for the court. She added, "The very existence of the caps, in any amount, is violative of the right to trial by jury."

  The decision puts the General Assembly on notice that any renewed effort to impose caps on jury awards will be futile, said Atlanta lawyer Michael Terry, who argued the case on Nestlehutt's behalf. "The court was very clear in saying, ‘You can't do this.' "

  
  By: Bill Rankin
  The Atlanta Journal-Constitution
  March 22, 2010 - 2 - 10

• Personal injury Recoveries Rise in 2009's
  Mar 15, 2010

  Recoveries that National Law Journal affiliate VerdictSearch counted among its Top 100 Verdicts of 2009, commercial verdicts fell last year. Some personal injury cases increased like , medicaledical malpractice awards which jumped from $321 million to $509.2 million; motor vehicle verdicts hit $738.9 million (up from $470 million); and products liability jumped to $1.1 billion from $458 million the year before.
  According to law firm litigation department heads interviewed by The NLJ, the corporate clients worked to control costs by waiting to file suits. They likely will continue do so through the first half of 2010. Part of it is deferring activity and not necessarily commencing a lawsuit if you can sue now or a year from now..

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• Study Suggests that Hands-Free Cellphone Do Not Reduce Auto Crashes
  Jan 29, 2010

  A study from the Highway Loss Data Institute shows that bans on cellphone use "haven't reduced crashes" in some states, and the result "had the researchers scratching their heads." The study, finished in December, compared all crashes in California, New York, Connecticut and Washington with crashes after bans were instituted, and researchers "can't even see a blip in the data." One possible explanation is "that while cellphones are a distraction, maybe they are not 'all that much worse a distraction than many of the other things that we do,'" institute president Adrian Lund said. Alternately, the data may mean "drivers in places with these bans may be switching to hands-free phones," and crash risks are "about the same as with handset phones."

  In Washington D.C., a study showed that a ban on cellphone use "hasn't made the streets much safer." There was also a lack of effect from hands-free cellphones, and points out that "the larger issue of distracted driving has gained traction" with the finding that the practice does not reduce accidents. The Washington Post adds, "The report is the latest in a growing body of evidence cited by those who advocate banning all cellphone use by drivers," and it points out that the National Safety Council "called last year for a ban on cellphone use while driving."

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• NTSB investigates Red Line accident that killed 2 Metro track workers
  Jan 27, 2010
  Washington Post writes that federal officials are investigating the deaths of two Metro employees who were killed when a Metro utility vehicle backed into the men on the tracks. In the past seven months five metro workers have been killed on the tracks and nine people were killed in a Red Line crash. 
  
  The gasoline powered truck carries gear and equipment and is used to travel along the tracks. The vehicles do not emit a beep like most utility trucks when going in reverse therefore the men killed by the truck were unaware it was moving towards them.
  
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• New Study about the Increase in Motorcycle Deaths
  Oct 06, 2009

  "The Federal Highway Administration will conduct an intensive study into the cause of the growing number of motorcycle crashes and deaths on America's roads which is the first study of its kind in almost 30 years. Nearly 5,300 motorcycle riders died in roadway crashes in 2008, representing 14 percent of all deaths, and 96,000 were injured. Between 1997 and 2008, motorcycle fatalities jumped from 2,116 to 5,290 -- a 150 percent increase, according to the Transportation Department's Fatality Analysis Reporting System. In 2008 alone, deaths from motorcycle crashes rose by 2.2 percent while all other vehicle classes saw reductions in fatalities."
  
  Motocycle accidents can result in serious injuries and often times death. If you or a loved one has been injured while operating a motorcycle it is important to contact a personal injury attorney. - 6 - 10

• Toyota orders floor mat inspections after fatal crash
  Sep 16, 2009

  In San Diego County, four family members were killed in a fiery auto crash, resulting from mismatched floor mats that snagged the gas pedal on an out of control Lexus. Toyota has ordered that all new, used and loaner vehicles have proper floor mats and are secured.  
  
  The car accident occured when the automobile, doing more that 120 mph, hit a sport-utility vehicle, launching the car off an embankment causing it to roll and burst into flames. The auto accident killed the four family members and injured the driver of the sport-utility vechile.
  
  Auto accidents can be fatal and place serious stress on family members dealing with the loss of their loved ones. In an accident such at this where the product safety of the vehicle was not properly inspected resulted in the deaths of four family members. If you or a loved one is in an auto accident and suffers personal injuries of even death, it is critical to contact a personal injury attorney in order to get the compensation you deserve. - 7 - 10

• National Highway Traffic Safety Administration Makes Crash-Test Rating Tough
  Aug 27, 2009

  The National HIghway Traffic Safety Administration will make it harder for vehicles to get five-star ratings for 2011 models. The new safety rating system will include a new side-impact test and a new overall safety-rating score. The new system will pressure manufactures to make vehicles with a higher level of safety-ratings.
  
  A system ratings change needed to be made becasue auto makers have discovered how to engineer vehicles to pass safety test making all cars above average but not specifing the difference in safety technology. The lastest focus is roof strength and the cars ability to withstand a test designed to stimulate the roof-crushing impact of a rollover accident.
  
  Car rollover accidents can be deadly however the new rollover accident tests will help consumers know which car will best protect them incase of a rollover accident. If you or someone you know has been injured in an auto accident it is important to contact a personal injury attorney.

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• A Thyroid Drug Can Damage The Liver and Be Fatal To Children
  Aug 24, 2009

  A pill used for thyroid desease has been shown to cause fatal liver failure in children. Reports have been popping up linking the use of propylthiouracil in children to liver failure, sometimes fatal or requiring a liver transplant. Parents should contact their doctor about these thyroid treatments. - 9 - 10

• An Increase in Computers Leads to More Injuries
  Jul 07, 2009

  People are aware of computer related injuries like back pain and carpal tunnel syndrome but people are winding up in emergency rooms with cuts, bruises, sprains and fractures cause by computers and computer accessories.
  
  More than half of the injuries occured when people were moving their computers and monitors. - 10 - 10

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