Keeping you informed of the latest developments in civil justice in Georgia and around the country
Contents:
Understanding your Automobile Insurance Policy
If you have a car, you have likely been faced with deciding what kind of, and how much, automobile insurance you should buy. Turkheimer & Hadden's Guide to Your Automobile Insurance Policy explains the various types (liability, comprehensive, collision, medical payments (med pay), uninsured motorist, etc.) of insurance that you have the option to purchase and can help you decide what insurance coverage is right for you.
John Hadden Turkheimer & Hadden, LLC 44 Broad Street, Suite 600 Atlanta, Georgia 30303 404-890-7200 www.turkhadden.com
Medical malpractice payments continue to fall
Payments made to injured patients in medical malpractice claims fell to record lows in 2009, contracting claims by some advocates of tort reform that malpractice claims are partly to blame for increasing medical costs in recent years. Last year, fewer individual claims were paid than any year on record, and the total amount paid for these claims was the lowest since 1992. Moreover, the total number of payments fell for the fifth year in a row, while the total amount of payments falling six years straight. This date comes at a time when courts around the country, including Georgia's Supreme Court, are contemplating the validity of caps on medical malpractice awards.
The practice of classifying ordinary employees as independent contractors is not uncommon among modern corporations. By doing so, employers can avoid expenses such as social security and workers' compensation, which are designed to protect employees who are injured on the job and can no longer work. It is also commonly used by employers in an attempt to avoid complying with the requirements of the Fair Labor Standards Act, commonly known as the "Wage and Hours Act." This federal law mandates that employers properly compensate employees for overtime work. However, employers often fail to comply with these rules, and classifying workers wrongly as independent contractors is one such method used to do so. Other methods include requiring employees to work at their desks during lunch and working "off the clock" by having them clock in late or clock out early.
If you believe that you have been denied overtime pay for work you have done, call the attorneys at Turkheimer & Hadden at 404-890-7200.
Honda recalls vehicles for defective airbags
On the heels of massive recalls by Toyota of many of its most popular models for a variety of dangerous defects, Honda has now announced a recall of several models as a result of reports of incidents resulting from defective airbags. The recall affects 2001 and 2002 Honda Accord, Honda Civic, Honda Odyssey, and Honda CR-V models, as well as some 2002 Acura TL models. Additionally, the defect may be present on certain Honda Pilot and Acura CL models.
The defect stems from potential overinflation of airbags. In a collision, the airbags could inflate with excess pressure, causing them to burst prematurely, leading to serious injuries or death for the occupants of the vehicle. It has been reported that the defect has been linked to at least eleven injuries and one death.
The recall is an expansion of an earlier recall from June 2009. Honda expects to begin notifying customers of this dangerous defect this month, and advises owners to take their vehicles to dealers for repair as soon as possible once the notification is received Honda Press Release
Toyota recalls Prius and other hybrids, brings total of recalled vehicles worldwide to 8.5 million
As anticipated, Toyota has announced that it is recalling 2010 Prius hybrids and the hybrid Lexus HS250h, which are sold in the US, along with another model, the Sai, available only in Japan, because of problems with the models' antilock braking system (ABS). The recall comes after hundreds of reports of problems with the system, and follows massive recalls because of problems with unintended acceleration in many of its most popular models last fall and last month.
The official Toyota recall notice can be found here. The notice also announced a recall of certain 2010 Camry models because of the design of the power steering hose that could lead to possible holes in the vehicles' front brake tube, resulting in a loss of braking power in those vehicles.
If you have questions about an automobile defect or would like to speak with an attorney about a possible claim involving injuries or damages caused by defective motor vehicle, please contact John Hadden at Turkheimer & Hadden directly: 404-939-4525 or jhadden@haddenfirm.com.
Problems deepen for Toyota - recalls and troubling questions of accountability We wrote last month about defects in certain models of Toyota, reportedly fixed in 2004 models, that have caused at least 19 deaths to date, and in particular about allegations by Toyota's own legal counsel that the company attempted to hide. Now, following a widely reported recalls for accelerator problems and additional reported problems with the braking systems on its popular Prius models, scrutiny of the company's quality control and its response to growing reports of dangerous defects has reached an all-time high.
In September 2009, Toyota issued a consumer advisory warning of unexpected acceleration caused by pedals caught in floor mats. The company's remedy for affected models involved simply removing the driver's side floor mats. The affected vehicles were:
The January 2010 recall of 2.3 million vehicles (and the suspension of sales and production of eight models) revealed that the problems involved more than just defective placement of floor mats and, in fact, require repair of the accelerator assembly itself. The list of affected vehicles is similar to that of the September 2009 advisory, though not identical:
• Certain 2009-2010 RAV4 • Certain 2009-2010 Corolla • 2009-2010 Matrix • 2005-2010 Avalon • Certain 2007-2010 Camry • Certain 2010 Highlander • 2007-2010 Tundra • 2008-2010 Sequoia
Most recently, at least 100 owners of the latest model of the hybrid Toyota Prius have reported problems with the braking system. Toyota has acknowledged a problem, but stated that the defect is with an electronic system, rather than a mechanical connection, which should make it easier to repair. Although Toyota has not issued a recall notice on these vehicles at present, The Guardian reports that the company is making preparations to do so.
Recalls of automobiles are not uncommon, and in most cases repairs or retrofits can be accomplished before serious injury or harm occurs. What is disturbing about the Toyota recalls, as reported in The Economist this week, is that it was not until recently that the company took action, even though it had received hundreds of reports in recent years about the dangers of unintended acceleration in its vehicles. The New York Times echoed these concerns over Toyota's pattern of responding slowly to potentially deadly safety problems.
According to US Transportation Secretary Ray LaHood, Toyota had to be pushed into undertaking the recall. Moreover, although Toyota claims that its fix for the defect will prevent further problems, the Transportation Department is investigating whether instances of unintended acceleration might be caused by interference with common electronic devices.
If you have questions about a Toyota defect or would like to speak with an attorney about a possible claim involving injuries or damages caused by defective motor vehicle, please contact John Hadden at Turkheimer & Hadden directly: 404-939-4525 or jhadden@haddenfirm.com.
Nationwide salmonella outbreak leads to FDA investigation
At least 213 people in 42 states have been sickened in an outbreak of salmonella that has been traced back to consumption of sausage products manufactured by Daniele International Inc., based in Rhode Island. The company, which produces a variety of meat and processed meat products that are distributed around the country, announced a voluntary recall in January of over 1.2 million lbs of meat products, which was expanded to cover additional products on February 4. The Department of Agriculture's Food Safety and Inspection Service issued a news release informing consumers of the issue.
It is unclear where the contamination originated, although the FDA and the Department of Agriculture are currently investigating whether black pepper used in the manufacture of these products could have contributed.
Please call Turkheimer & Hadden, LLC, if you have questions about food contamination or adulterated food products.
Ten years after the fatal crash of an Air France Concorde shortly after takeoff from Charles de Gaulle airport, the criminal trial of Continental Airlines has begun in Paris, reports the New York Times. Prosecutors charge that faulty maintenance of one of its aircraft by Continental personnel led to a titanium strip of metal falling onto the runway. One theory of the crash alleges that the supersonic Concorde aircraft, built jointly by BAC (the British Aircraft Corporation, now BAE Systems) and Aérospatiale (now part of EADS, parent of Airbus and Eurocopter) struck the titanium component upon takeoff, causing a ruptured tire that in turn ruptured the Concorde's fuel tank, leading to the fire that brought down the aircraft. 109 passengers and crew were killed, along with with 4 on the ground at the crash site.
The new rule will be incorporated into the Federal Motor Carrier Safety Regulations (FMCSRs), promulgated by the Federal Motor Carrier Safety Administration, a part of the DOT, said Secretary of Transportation Ray LaHood in a blog posting on the Department's official blog. This move follows an Executive Order from President Obama in October calling on federal agencies to ban texting while driving among federal employees and to educate employees and contractors on the dangers of distracted driving.
The Secretary noted that truck drivers who text while driving take their eyes off the road an average of five seconds per text message, and are approximately 23 times more likely to be involved in an accident or near accident than drivers who keep their eyes on the road.
The dangers of texting have been made increasingly clear by recent events, and is not limited to drivers on the road. In one high-profile accident, for example, it was discovered that the operator of a Los Angeles commuter train was text messaging when he ran through a stop signal, leading to a fatal collision with another train.
The Law Offices of Turkheimer & Hadden has represented may individuals seriously injured by drivers of commercial vehicles/tractor-trailers, and applauds all efforts of the government to make our roads safer. We encourage public and private motor carrier operators to take all action to ensure compliance with this new federal regulation to protect both their drivers and the public at large.
Read more about the dangers of distracted driving at the DOT's dedicated web site: www.distracted.gov
Serious questions remain about food safety We previously reported on serious questions about the safety of beef produced by a major US supplier that had previously been praised by the Food and Drug Administration and the Department of Agriculture. Several new reports shed more light on the the serious issue of contamination in our (and our pets') food supply.
On Thursday, the New York Times reported that cookie dough produced by Nestle USA had tested positive for E. coli. The testing, which was of product that had not yet left the factory, was produced under new manufacturing techniques undertaken after the company's cookie dough was recalled last summer following another round E. coli contamination. The company shut down its plant for two weeks in order to reformulate its product to prevent such contamination from reoccurring. Nestle said that no contaminated product had been shipped to retailers, and that no recall was needed.
On Friday, the AP reported a salmonella outbreak in dog food produced by Merrick Pet Care. The FDA has advised consumers not to use the affected product, and warned that the salmonella could spread to humans if the product was handled and users did not adequately wash their hands.
Finally, Nurture, Inc. has recalled organic baby food produced by the company over fears that the food might have become spoiled. The Oregonian reports that the problem was caused by a problem in the manufacturing process that did not allow the containers to be properly sealed
Fortunately, some reform in the area of food safety may be forthcoming, as we previously wrote. In an article in The Atlantic Monthly, FDA senior advisor Michael Taylor stated his belief that the nation is at a historic tipping point regarding food safety, and that the coming decade would see much-needed reforms. Illuminating the need for such reform was last year's massive salmonella outbreak from contaminated peanut butter, and this week Minnesota victims and family members joined together in writing to urge US senators and representatives to take the sort of action Mr. Taylor believes is forthcoming.
The damage resulted from damage cause by Hurricane Katrina. Although State Farm was ordered to pay nearly $180,000, the homeowners stated that because of the deterioration of their home caused by the lapse of time between the damage and State Farm's payment, it was likely that the home would have to be demolished.
In Georgia, homeowners' insurance claims are governed by strict and specific laws that provide some protection to homeowners, and penalties against insurance companies that refuse to properly pay benefits after home damage, but these must often be carefully followed within a limited time period in order to be effective. Because of this, individuals who make claims against their insurers without knowledge of the law often fail to avail themselves of the remedies they may have under Georgia law, which ultimately benefits the insurance company that has acted in bad faith in failing to pay their damages. Our firm has represented a number of individuals and families in successfully recovering against their own insurers when the insurer fails to live up to its end of the insurance contract, but all too often we are approached by prospective clients who have simply waited to long, or who have failed to follow the proper procedures, to make their case a viable claim. Check back soon for an article explaining your rights in homeowners' insurance claims.
