SE Georgia Law: August 2009

Monday, August 17, 2009

From Augusta:Car Crash news

-A weekend crash leaves a Thomson teenager dead, and his co-worker behind bars charged with DUI and vehicular homicide. It's the fourth traffic fatality in a week along the same stretch of I-20, in Warren County.

Last weekend medical problems led to a two car accident that killed three from Martinez. This weekend, less than two miles away another teenager lost his life. This time alcohol is to blame.

These markings and skid marks tell the story of a deadly car accident early Saturday morning.
19-year-old Curtis Evans Jr., better known by family and friends as Monster, was pronounced dead at the scene.

Investigators say the truck Evans was riding in lost control and flipped after being rear ended at top speeds.

Read the rest here.

Thursday, August 13, 2009

Injury Cases and Medicare Set Aside Information

In cases involving Medicare beneficiaries, attorneys for both the plaintiff and defendant are required to report certain information to the Centers for Medicare and Medicaid Services (CMS). In addition, any case settlement or judgment must reimburse Medicare where the Trust Fund has made conditional payments for medical costs. Under the Medicare Secondary Payer Act, attorneys have been settling cases involving liability claims without completing a Medicare Set Aside (MSAs) to account for future medical costs. However, attorneys representing claimants in workers' compensation cases have been preparing MSAs on a case-by-case basis.

It has come to our attention that some defense firms and insurance providers are now claiming that CMS requires MSAs in liability cases pursuant to Section 111 reporting requirements included in the Medicare, Medicaid & SCHIP Act of 2007 (MMSEA), Public Law No. 110-173. This is false. Section 111 contains reporting requirements for responsible reporting entities(1) (RREs) only. Section 111 does not impact or change the requirements for plaintiffs' attorneys.

Moreover, statements from CMS, and other federal entities, make clear that the agency does not require set-asides for liability claims. Since the MMSEA's passage, CMS has held several Town Hall teleconferences to discuss the Section 111 requirements. During the March 24, 2009 call, Barbara Wright, CMS' Acting Director of the Division of Medicare Debt Management, made several statements reiterating that Section 111 has no impact on liability MSAs.(2) For example:

* In response to a question as to whether liability set-asides will be required under Section 111, she said "the point is the set-aside process is totally separate from the Section 111 reporting process. As we've said in more than one call we don't anticipate changing our routine recovery process." (Transcript, pg. 24)

* When explaining that worker's compensation agreements use a formal review process which makes set-asides recommended, she said that was in contrast to liability agreements. Liability "does not have the same formal review process although our regional offices will consider review of proposed liability set-aside amounts depending on their particular work load and whether or not they believe significant dollars are at issue."
(Transcript, pg. 24).

In addition, CMS also has released several Alerts explaining Section 111, which do not indicate any intent to require MSAs for liability claims. For example:

* "Unless you are a business entity which qualifies as [a required reporting entity (RRE)] for purposes of Section 111, you do not need to initiate any specific actions in connection with Section 111." (CMS Alert, 2/23/09).(3)

* "The new Section 111 requirements do not change or eliminate any existing obligations under the MSP statutory provisions or regulations." (CMS Alert, 2/23/09).

Moreover, the Congressional Research Service (CRS) provided Congress with an "objective and non-partisan analysis" analysis of the MMSEA. As there was no legislative history regarding the bill, the CRS research report is the most reliable analysis of the MMSEA, including the Section 111 reporting requirements.

CRS' analysis of the Section 111 reiterates that it is a reporting requirement, and makes no mention of the need for set-asides in liability cases. The Section 111 analysis states, in part:

This provision requires an insurer or third-party administrator for a group health plan (and in the case of a group health plan that is self-insured and self-administered, a plan administrator or fiduciary) to (1) secure from the plan sponsor and participants information required by the Secretary for the purpose of identifying situations where the group health plan is or has been a primary plan to Medicare, and (2) submit information specified by the Secretary. If an insurer or third-party administrator for a group health plan fails to comply, then a $1,000 per day civil monetary penalty will be imposed for each individual for which information should have been submitted.(4)

If CRS believed that the legislative language implies any Congressional endorsement of liability set-asides, it would have been included in this analysis.
We hope this information will be useful in your settlement negotiations.

From the AAJ

Jekyll Island Beach Bash 8/20-22

For the 2009 Beach Music Festival the event has added a Barbecue Competition, sanctioned by the Georgia Barbecue Association. Now Jekyll Island's Beach Music Festical is Jekyll Island's Beach Music Festival and BBQ Beach Bash. Enjoy music on the beach and grab some delicious barbecue.

Check out the BBQ Competition page for an agenda, competition registration form, and general competition rules and regulations.

Web page here.

AIG in the News

Former AIG chief executive, Maurice "Hank" Greenberg, and five other defendants, have agreed to pay $115 million to settle a shareholder lawsuit, according to a person familiar with the matter.

The development comes days after Greenberg and former AIG chief financial officer Howard Smith reached an agreement to settle accusations by the U.S. Securities and Exchange Commission that they had altered AIG's financial records from 2000 to 2005 to inflate the insurer's earnings.

Source here.

GA: Voter News

Georgia Secretary of State Karen Handel this week announced that the State of Georgia has asked the U.S. Department of Justice (DOJ) to reconsider its May 2009 objection of preclearance for two critical voter verification processes utilized in the November 2008 General Election.

The State’s voter verification process checks five criteria provided by new voter registration applicants with information in the Georgia Department of Driver Services (DDS) database or the Social Security Administration database. These criteria include first name, last name, date of birth, driver’s license number, or last four digits of the applicant’s Social Security number. Additionally, if the applicant previously reported to DDS that he or she is not a U.S. citizen, that person is asked by their county registrar to provide proof of citizenship.

As part of the process for seeking preclearance, a state can ask the DOJ for reconsideration of a submission that has been denied, or request preclearance before the Federal District Court of Washington, D.C.

Source here.

Wednesday, August 12, 2009

Work: Should Employees Answer Emails After Hours?

Image via Wikipedia

Two recent lawsuits raise a question that many employees and employers have deliberated: Should hourly workers be paid for time spent responding to work calls or emails while off the clock?

The federal suits highlight the legal issues sparked by the proliferation of personal technology as well as the blurring of work and free time.

Last month, three current and former employees sued T-Mobile USA Inc., claiming they were required to use company-issued smart phones to respond to work messages after hours without pay.

Read more at the source, here.

Upcoming School Year: Flu Planning Checklist

All across South Georgia, families are preparing to send their children back to school. A part of that process involves making sure illnesses and the flu don't crop up. Here's a site that give good information in the form of checklists:

http://www.flu.gov/plan/checklists.html

The FAQ area has questions and answers such as these:

How do you catch H1N1 (swine) flu?

Spread of H1N1 (swine) flu can occur in two ways:

* Through contact with infected pigs or environments contaminated with swine flu viruses.
* Through contact with a person with H1N1 (swine) flu. Human-to-human spread of H1N1 (swine) flu has been documented also and is thought to occur in the same way as seasonal flu. Influenza is thought to spread mainly person-to-person through coughing or sneezing of infected people.

Tuesday, August 11, 2009

Alaris Infusion Pumps Recall

The FDA initiated its most serious, Class 1, recall for the Alaris brand of intravenous, intra-arterial electronic infusion pumps.

Manufacturer Cardinal Health recalled the devices after noting problems that may result in insufficient dosing or overdosing and may cause serious injury or death.

The recall is for all Alaris System, Alaris Pump module 8100, and Alaris PC 8000 and 8015 units, formerly known as Medley PC units.

Risks with the pumps include:

* Failure of the Occlusion Warning Message to adequately guide users to clear blocked IV tubing, which could result in underinfusion
* Possible overinfusion, if warnings that the programmed infusion rate exceeds the volume of therapy in the pump are ignored and the pump injects the contents of the syringe into the patient
* Failure of the Electrostatic Discharge Protection Circuitry, resulting in an unresponsive keypad, key entries without key presses, or incorrect registering of key entries
* Failure of IV tubing, resulting in fluid entering the pumping mechanism and overinfusion of therapy

The pump recall started on June 12, 2009 when the company sent a mass mailing to all Alaris System customers explaining the device errors and precautionary measures that should be taken with the device, including how to reprogram the device to ensure proper use.

Statistics on Auto Accidents

Leading causes of Automobile Accidents:

Several studies have been done over the years and statistics have been recorded as a result that details the leading causes of serious auto accidents. These leading causes appear below:

1. Distracted drivers – There are innumerable distractions that can steal the attention of a driver, and loss of focus for even one second behind the wheel can prove to be deadly. Some of the most common examples of distracted driver scenarios include:

* Rubber-necking – Stopping to peer at another accident
* General fatigue
* Scenery
* In-cabin distractions – Children, pets and passengers are included
* Entertainment – Radios, CD players and now even DVD players are available
* Map-reading

2. Driver fatigue – According to the United States National Traffic Safety Administration, fatigued drivers account for approximately 100,000 auto accidents every year. As one would expect, the risk is at its highest during the night, as this is when tired people tend to either begin to drive or continue to drive well beyond the point where they should take a break.

3. Alcohol – Despite the millions of dollars that are spent on marketing campaigns designed to persuade people to stop drinking and driving, it still occurs at alarming rates. Almost 20,000 people every year are killed in the United States in auto accidents where alcohol is a factor, and that number is sadly holding steady.

4. Aggressive driving – We have all seen ‘that’ person on the highway who darts in and out of lanes, cuts people off and basically drives as recklessly as one could imagine. Even though most forget these drivers as temporary annoyances, the fact is that they do real damage on our roadways.

5. Speeding – Speed limits are laws, despite the fact that so many people blatantly disobey them with alarming regularity. The reasons for higher injury and fatality numbers when speeding is involved are many, but one of the most prominent is a basic matter of physics – it takes much longer for a driver who is going too fast to slow down or correct a mistake than someone who is traveling at a reasonable rate of speed.

6. Weather and road conditions – When someone thinks of weather-related auto accidents, they tend to consider those parts of the country that feature cold winters and icy roads. While there are certainly a high number of accidents in those areas, even parts of the country where rain is rare can cause problems when the roads are wet, as they become slippery quickly when water is dumped onto dry pavement.

Kingsland, GA Car Accident Information

Our lawyers are right here in Southeast Georgia. If you're in Kingsland, call us first.

If you've ever been involved in an auto accident, you know how deeply it can shake you. Sometimes that happens instantly and you can't even think. Yet, you and your passengers (as well as people in the other vehicles(s)involved) may be hurt. Then, you think about your car, your insurance, the danger you may be in on the road and about the people or place you were on your way to see. It's a lot to think about and deal with, especially if you've been injured.

No one wants to have that happen but it's good to be prepared. You should know what to do if you become involved in a collision. Here are the basics.

Help others if necessary

Give reasonable assistance to injured persons. California law requires you to give reasonable assistance to injured persons. You may have to:

* Call an ambulance
* Take an injured person to the doctor or hospital
* Give first aid, if you know how to

If you do NOT know first aid, DO NOT move the injured to avoid further injury. If, however, an injured person is in danger of losing their life or being more severely injured, you SHOULD move them.

Prevent further danger

Warn other motorists to prevent additional collisions. Some things you might do are: * Place warning flares on the roadway approaching the accident (after determining NO flammable liquids or items are nearby).

* turn on the hazard lights
* lift the car's hood to signal drivers
* arrange to get help for injured persons or request help from anyone nearby.
* call 911. Give the exact location. State if you need an ambulance or fire department assistance.

After the accident: Take pictures of the vehicle damage. Make sure that the vehicle, if towed, has all valuables removed.

Should You Buy Uninsured Motorists Coverage?

Uninsured motorist coverage protects you if you’re in an accident with an uninsured driver; underinsured coverage protects you if you’re in an accident with someone who doesn’t have enough insurance to cover your injuries. Both coverages are personal and portable and cover you whether you’re injured as a pedestrian, on a bike or in your car.

Uninsured or underinsured motorist coverage could cover medical bills, lost wages from missed work and other related expenses. Try to purchase a relatively high level of coverage if possible.

You can also stack coverage.

An example of stacking is Jim has limits of $100,000/$300,000 for his uninsured motorist bodily injury coverage and is insuring 2 vehicles. If he leaves them "unstacked" Jim's limits would stay at $100,000/$300,000. If Jim instead chooses to "stack" his UMBI coverages then his limits would double to $200,000/$600,000.

Since "stacking" is the application of more than one policy limit to the same loss or occurrence, if you only have one vehicle on your policy than there would not be coverage to stack. With a single car policy there is not multi-coverage to stack thus no benefit since this option would not be available to you.Ask your agent if you can stack policies.

Study: Should Children Take Tamiflu?

Children with seasonal flu should not be given Tamiflu because harmful side effects may outweigh relatively meagre benefits, according to a study released Monday.

In some children Tamiflu caused nausea and vomiting, which can lead to dehydration and other complications, researchers reported.

The study did not cover the current outbreak of swine flu, but it suggests that antivirals may not significantly reduce the length of illness or prevent complications in children infected with the new A(H1N1) virus, the researchers said.

Carl Henegan, a doctor at John Radcliffe Hospital in Oxford and co-author of the study, said the current British practice of giving Tamiflu and Relenza -- the brand names for the antivirals oseltamivir and zanamivir -- for mild illness was "an inappropriate strategy."

"The downside of the harms outweigh the one-day reduction in symptomatic benefits," he said.

The research showed that both antivirals shortened the duration of seasonal flu by 12 to 36 hours.

For more, go here.

Lower Rate on Car Insurance?

There are ways to shop and possibly obtain less expensive car insurance. Do you meet these in your house?

* Good grades by kids of driving age?
* Multiple cars discount?
* Drivers’ education course?
* AARP discount?

Some others that may help lower your bill:

* Taking a defensive driving course every 3 years, a savings of up to 10%.
* Driving fewer miles per year.
* Using the same company for your homeowner’s and car insurance policies.
* Going five years without an accident.
* Asking your agent, a surprisingly overlooked step.

Monday, August 10, 2009

Chatham County: Traffic Fatality Arrest

Police have arrested one man for a traffic fatality that took place at Fort Argyle Road on Friday evening.

The accident claimed the life of 53-year-old Dena Lee Sargent of Bloomingdale. See Police investigating late night traffic fatality.

Savannah-Chatham police investigators said that 42-year-old Donald Lamar Pippin of Ellabell was going west on Fort Argyle Road when he struck Sargent while she was crossing the roadway.

Police say Pippin left the scene of the accident and was later found at his Ellabell home. With the assistance of Georgia State Patrol and the Bryan County Sheriff's Office, SCMPD traffic investigators arrested Pippin and brought him back to Chatham County.

Source here.

Chatham County: Traffic Fatality Arrest

I95 Wrong-Way Crash

Four people died this past weekend when a pickup truck going the wrong way on Interstate 95 collided head on with a minivan headed from New York to Florida, the Georgia State Patrol said.

The patrol said southbound lanes were closed for about four hours after the accident around 6:30 a.m. in Richmond Hill.

Trooper Chris Cuddington said the pickup was headed north in the center southbound lane. The accident was under investigation, but "alcohol is going to be a factor," Cuddington said.

The truck driver, Michael Delph, 28, of Clemson, S.C., and the female driver and two men in the minivan were killed, the trooper said.

Source here.

ATV Rollover Death in the News

Image via Wikipedia

It's a heartbreaking one, wish folks would use more common sense:

A 3-year-old girl died Saturday evening when the ATV her 8-year-old brother was driving crashed and rolled over on her, the Columbia County Sheriff's Office said in a news release. The boy suffered facial injuries, authorities said; the children's 10-year-old sister who also was on the vehicle escaped harm

When the ATV struck a tree, the 3-year-old was thrown to the ground and pinned beneath the vehicle after it rolled over.

Our ATV rules are the same as others:

The ATV Safety Institute's Golden Rules:

1. Always wear a helmet and other protective gear.
2. Never ride on public roads - another vehicle could hit you.
3. Never ride under the influence of alcohol or other drugs.
4. Never carry a passenger on a single-rider vehicle.
5. Ride an ATV that's right for your age.
6. Supervise riders younger than 16; ATVs are not toys.
7. Ride only on designated trails and at a safe speed.

Evans County, GA Superior Court Information

Image via Wikipedia

Info on the Court located in Claxton, GA:

Office of the Clerk of Courts

Evans County, Georgia

Superior Court, State Court, Juvenile Court
Gail B. McCooey, Clerk

Post Office Box 845

123 West Main Street

Claxton GA 30417

Phone: 912-739-3868 FAX 912-739-2504

Hours of Operation: Monday – Friday, 8:00 a.m. until 5:00 p.m.

Clerk of Court Staff:

Kathy P. Hendrix, Clerk of Court

Sheila S. Blackburn, Chief Deputy Clerk

Angelina Harbaugh, Deputy Clerk

Ann Griffin, Deputy Clerk

Melinda P. Boyett, Deputy Clerk

Services

The office of the Clerk of Courts of Evans County, Georgia is staffed and structured into divisions to provide:

* Clerical, administrative and support services to the three courts the office serves;
* Management of real estate and personal property records of the county;
* Additional services required by law and as a courtesy to the citizens of the county

The three divisions of the office are listed below.

Business/Administrative Division

The Business/Administrative Division of the Office of the Clerk of Courts of Evans County provides many auxiliary services. Primarily this division is responsible for administration of the office and accounting for all funds paid into the registries of the courts is serves. Other services provided by the division are:

* Jury Management – maintaining and managing all jury pool information for the county, summoning and notifying jurors, and managing juries during jury selection and trials
* Notary Public – issuing and approving all applications for notary public for citizens of Evans County.
* Partnerships – filing and maintaining all records for partnerships within the county
* Trade Names – filing and maintaining all records
* Veteran’s Military Records OCGA 15-6-72 provides the Clerk of Superior Court shall record and index the discharge certificates (DD-214) of all former members of the armed services of the United States residing in the county, showing their discharge from military services.

There is no filing fee for this service, nor is there a fee for obtaining copies, certified or otherwise. However, to protect military discharge records against fraudulent misuse, strict enforcement of Georgia laws are followed concerning who may view and receive copies of discharge records. The following is a synopsis of the law governing the confidentiality of records.

Georgia Laws, Code Section 15-6-72.

Unsafe Truck and Bus Operators Still on Road

Image by The Library of Congress via Flickr

So says the GAO:

Hundreds of tractor-trailer and bus companies ordered to shut down because of federal safety violations ranging from suspended licenses to possible drug use have stayed on the road by using different names, investigators say.

The study by the Government Accountability Office, obtained by The Associated Press, comes a year after an unlicensed charter bus carrying a Vietnamese-American Catholic group blew a retreaded tire installed on a steering axle and skidded off a Texas highway, killing 17 people in one of the nation's deadliest bus crashes. The use of recapped tires on the steering wheels is a violation of federal regulations, the study stated.

The GAO report found that at least 20 of the roughly 220 commercial bus companies that had been fined and ordered out of service in 2007 and 2008 by federal regulators evaded compliance by setting up shop under a new name, the same tactic used by the bus operator in the Texas crash.

The investigation found offenders in at least nine states — Arizona, Arkansas, California, Georgia, Maryland, North Carolina, Texas, New York and Washington. The violators owed tens of thousands of dollars in delinquent fines and had scores of violations, from operating without the proper license to failing to test drivers for illegal drugs and alcohol.

Another 1,073 commercial trucking firms are also believed to be possible "reincarnations" after incurring fines and violations, often using the same address, owner name, employees and contact numbers.

In all more than 500 of the tractor-trailer and bus companies were still operating as recently as last month, investigators said.

"These companies pose a safety threat to the motoring public," wrote Greg Kutz, GAO's managing director for special investigations, noting that there were about 300 fatalities from bus crashes last year. "We believe that these carriers reincarnated into new companies to evade fines and avoid performing the necessary corrective actions."

Source here.

Teen Drivers

There is no easy cure for teenage traffic deaths and injuries, but Susan Kessler believes she has at least come up with a way to help limit the carnage: When a new driver gets behind the wheel, just slap a temporary warning sign on the car.

Kessler has developed signs for teens with learner permits and first-year licenses. They are attached magnetically to the car's sheet metal and display the words "Caution Newly Licensed."

It's not hard to imagine the signs being a nightmare to teens obsessed with what their peers think. But, Kessler, a Kennesaw, Georgia, mother of six, says the real horror is out on the highway: thousands of young people are killed and injured in traffics every year.

More than 15,000 of people have ordered the signs since Kessler and a group of other moms introduced them four years ago.

Source here. You can order the magnet sticker here.

From that site:

The CAUTION-NEWLY LICENSED® car magnet identifies teen drivers and
alerts surrounding drivers to slow down and use caution and patience.

The magnet provides an "added shield of protection" for teens
with learners permits and first year drivers.

GA Supreme Court Ruling: Online Travel Agencies Must Pay Taxes

The Georgia Supreme Court ruled in favor of the city of Columbus in a lawsuit over hotel/motel sales tax collections that could have repercussions in Atlanta and elsewhere.

The court ruled 4-3 that Expedia Inc., parent of Expedia.com, must collect taxes on hotel room rentals based on the price a customer pays, and remit that amount to the city.

Columbus officials sued Expedia arguing the online travel site charges customers a higher “room rate” than it pays to hotels, but hotels remit occupancy taxes based on the wholesale rate of the room. The online travel providers pocket the difference. A lower court ruled in the city’s favor.

The ruling did not say whether Columbus has the authority to go after back taxes.

For more, go here.

A Growing Problem: Drivers Without Car Insurance

Rose Roper said she has finally resolved issues over a wreck she and her daughter had in March 2006. She was hit a car whose driver was without insurance.

Authorities expect that kind of problem to increase as more people drop their insurance coverage in a bad economy.

Roper said the situation surrounding their accident wasn't settled until she hired an attorney.

"We had to pay out of pocket and then had to use an attorney to get our money back," said the Muscle Shoals resident. "Insurance is expensive, but I'm glad I had full coverage. I don't know what I would have done without it."

John Heid, an official with Allstate Insurance in Atlanta, said that in 2007, 26 percent of Alabama drivers were uninsured.

"It stands to reason that the increase in the percentage of uninsured drivers will result in a greater likelihood that if you're involved in an auto accident, it will be with someone who has no auto insurance," Heid said.

Alabama is among 49 states that require drivers to carry insurance, and it requires drivers to have at least liability insurance.

Still, uninsured drivers are a problem.

"We continue to write citations for no insurance," said Florence police Lt. Tony Barnett.

Carolyn Gorman, an official with the Insurance Information Institute in New York, said the problem is not limited to a few states.

"It's a national problem and one that is growing," he said.

Officials with the Insurance Research Council noted that in 2007, 13.8 percent of drivers nationwide had no car insurance. That percentage is expected to increase to 16 or higher by 2010.

Gorman said research reveals that several hundred thousand motorists are expected to drop their insurance as the unemployment rate climbs.

In a recent study by Direct General, a Nashville-based automobile insurance provider, 36 percent of drivers say they will continue to drive even if they are unable to keep their car insurance.

Read more here.

Texting Increases Risk of an Accident

Image via Wikipedia

According to a report released on Tuesday, text messaging while driving increases the risk of an auto accident even more than talking on a cell phone while driving.

The study, which was conducted by the Virginia Tech Transportation Institute (VTTI), found that texting while driving increased the risk of an accident by more than 23 times.

"Text messaging on a cell phone was associated with the highest risk of all cell phone related tasks," says the VTTI. "The tasks that draw the driver's eyes away from the forward roadway were those with the highest risk."

The VTTI also found that text messaging leads drivers eyes to be off the road an average of 4.6 seconds over a six-second interval.

"This equates to a driver traveling the length of a football field (100 yards) at 55 miles per hour without looking at the roadway," the study said.

"Talking/listening to a cell phone allowed drivers to maintain eyes on the road and were not associated with an increased safety risk to nearly the same degree," it said.

Source here

Auto Accident - What to Do

An earlier post addressed property damage. Here's more info:

What should I do if the other driver does not have insurance?

If the other driver caused the accident and is not insured, your own policy can pay for your personal injuries—if you have uninsured motorist or medical payments coverage, up to the specified limits as provided in your policy.

If the other driver’s insurance is not enough to pay for all of your damages, your own insurance may pay the difference—if you have underinsured motorist coverage.

If you do not have these kinds of insurance or if your damages are more than the policy’s limit, you can sue the other driver. However, even if you win the case, you cannot be sure that the other driver has the money to pay.

If you have collision insurance, it will usually pay for the damage to your car, minus your deductible, no matter who is at faul

Sunday, August 9, 2009

For Laughs: Wienermobile Crashes

Image by sjciske via Flickr

The Oscar Mayer Wienermobile got itself into quite a pickle when it crashed into a Racine home this past month. The Wienermobile took a wrong turn and ended up on the dead-end street, Kenilworth Avenue in Racine, Wisconsin.

While trying to get turned around, the woman driving the hot dog on wheels accidentally hit the gas instead of the brake and lodged the Wienermobile under a house. The Wienermobile was taken from the scene by tow truck.

Rollover Crashes

From FARS:

The proportion of vehicles that rolled over in fatal crashes (21.5 percent) was nearly 4 times as high as the proportion in injury crashes (5.8 percent) and nearly 17 times as high as the proportion in property-damage-only crashes (1.3 percent).

Link and data here.

Weekend: Bridge Pic

One of my favorites is this pic. The towers are 486 feet tall from the top of the footing to the top of the tower.

SE Georgia: Auto Wrecks

Auto Accidents are part of life on the roads. More than six million motor vehicle accidents just last year alone, and with more than two million of those accidents resulting in injury, there's a good chance that you or someone you know will either be involved in an accident, know someone involved in an accident, or be a witness to an accident this year.

It's confusing after the wreck. This post addresses a rental car:

I was in a traffic accident, it wasn't my fault, do I get a rental vehicle?

Some traffic accidents are simple. Some are not. Fault isn't usually established at the scene of the accident. The only way fault is established at the scene of a traffic accident is if a police officer witnesses the accident. For the sake of discussion we are going to assume that all the drivers involved were insured.

You have a couple of options here. Call your insurance agent and tell them you were involved in a traffic accident, give them all the details plus the name of the person that hit you and their insurance agent. Call the other persons insurance agent and tell them that their insured driver hit you in a traffic accident. You must work both sides of the fence here to get your rental vehicle quickly.
In all cases, it takes a couple of days to finally get a rental vehicle issued. If both sides drag their collective feet and will not issue a rental vehicle and you need an auto to do you job, rent a vehicle with your money. One of the two insurance companies will settle up with you later in this process.

Before a rental vehicle can be issued by either side, an insurance adjuster will be called out to look at the damage to your vehicle. If it is worth repairing, they will authorize a rental vehicle for you. If your vehicle is not worth repairing, then you will not be authorize for a rental vehicle. Instead, the insurance company will settle up with you on what they think your vehicle was worth.

Reglan News: SE Georgia

FDA has placed a black box warning (the strongest FDA warning) on all drugs containing the pharmaceutical ingredient metoclopramide (Reglan), which is used in the treatment of disorders like heartburn caused by gastroesophageal reflux disease.

The black box label warns consumers about the risk of developing tardive dyskinesia, which causes involuntary repetitive momements (twitches) with long-term, high-dose use of metoclopramide. Symptoms of tardive dyskinesia can persist long after the patient stops using the drug.

Metoclopramide can be found in Reglan tablets, oral disintegrating pills, metoclopramide oral solution and Reglan injections. All of these metoclopramide-containing prescription drugs already contain box warnings, but the seriousness of the risk of developing tardive dyskinesia (involuntary movements) will now be highlighted by the FDA’s strongest available warning.

Any patient taking Reglan or other forms of metoclopramide should have been warned of the risk of tardive dyskinesia by their doctor prior to being prescribed the drug. The risk increases the longer a patient takes metoclopramide, and with higher doses. FDA studies show that around 20 percent of patients who developed drug-induced movement disorders after taking Metoclopramide had taken the drug for more than three months.

The FDA encourages consumers to report adverse events to the FDA’s MedWatch program. You can reach MedWatch by phone at 800-FDA-1088.

Waycross, GA Lawsuit News:

Lawsuit pending in Waycross:

On January 27, 2009, the Superior Court in Waycross, Georgia, dismissed all of the Kevin Harmon's claims in response to our Innomed's Motion for Summary Judgment.

More news here.

Fentanyl Patch Recall News for SE Georgia

Watson Pharmaceuticals Inc. said Friday it is recalling one production lot of its painkilling Fentanyl patch because some of the patches have leaks.

Watson said it recalled one lot of Fentanyl Transdermal System patches designed to release the drug at a rate of 100 mg per hour. The lot is number 145287A, and the patches were shipped to customers between April 2 and May 20. Their expiration date is February 2011.

The company said some of the patches leak fentanyl gel, which could expose patients or caregivers to the drug directly. It said no injuries have been reported, but exposure to the gel could cause difficulty breathing or a possible overdose

More information here.

Georgia News: Booster Seats and More

Target recalled a line of booster seats because their restraint buckle can open unexpectedly. Dorel Juvenile Group recalled its stair gates because the hinges can break. Graco Children's Products recalled doorway jumpers because strips of fabric can come lose from attached toys and pose a choking risk.

Fortunately, no injuries were reported in connection with the above recalls.

PRODUCT: Circo booster seats, manufactured in China and imported by Target of Minneapolis. The recalled seats were sold at Target stores around the country between December 2008 and June 2009.

HOW MANY: About 43,000.

WHY: The restraint buckle can open unexpectedly. The company has received eight reports of buckles opening in this manner.

More info. here.

Glynn County Courthouse Information:

Chamber days:

Jeff Davis: 1st and 3rd Mondays
Glynn: Tuesday
Wayne: Wednesday
Camden: Thursday
Appling: 1st Tuesday following the 1st Monday of every month, and two weeks following that date

Please note: Cell phones, pagers, and weapons are not permitted. You will be subject to search prior to entering the courthouse.

Juror Information

Please call the following number: (912) 554-7289.

SE Georgia Prosecutor Resigning

United States Attorney for the Southern District of Georgia Edmund A. Booth Jr. announced Friday that he would resign effective midnight Sept. 3.

“I am grateful for the opportunity to have served in the United States Attorney’s Office for over 38 years," Booth said. "It has been my high honor and distinct privilege to have served these past two and one-half years as United States Attorney. I look forward to the future and exploring work opportunities in the private sector.”

Booth served as Acting U. S. Attorney from February 2007 until he was appointed by Attorney General Gonzalez as Interim United States Attorney in September 2007, and President George W. Bush appointed him to his current position on Dec. 7, 2007.

Booth previously served as Interim U. S. Attorney for the Southern District of Georgia from April 21, 2001 to Nov. 16, 2001 under an appointment by Attorney General Ashcroft as extended by the Chief Judge of the district.

Source here.

CodeRED Phone Notification System News

Telephones rang throughout Brunswick and the rest of Glynn County last month as authorities test the CodeRED high-speed, high-volume telephone emergency notification system.

The automated system called almost 30,000 registered home, business and cell phones with a recorded test alert message authorized by the Glynn/Brunswick E-911 Center.

The test is intended to ensure that during emergencies such as severe weather, wildfires, hazardous materials spills or evacuations, police and fire officials can quickly alert residents in the affected areas.

Brunswick, GA Car Fatality Accident Information

Good information here:

http://www.city-data.com/accidents/acc-Brunswick-Georgia.html

Glynn County: Brunswick, GA Car Accident Fatality

A Brantley County man and woman died in collision at intersection of two highways north of downtown Brunswick.

Brantley County man and woman died this morning when their sport utility vehicle collided with a car at the intersection of two Glynn County highways.

Killed were Steven Paul Smallwood, 32, and his passenger, Victoria Grace Fabie, 27, both of Hortense, said Lt. Kevin Wilborn of the Glynn County Police Department.

The other driver, Anthony M. Parham, 54, of Brunswick was treated and released at Southeast Georgia Health System's Brunswick hospital, a medical center spokeswoman said.

The preliminary investigation showed the couple were in a Chevrolet Suburban traveling south on Georgia 303 when it collided about 2 a.m. with a BMW 325ci being driven north on U.S. 341, Wilborn said .

Source here.