Brothers and former peanut company owners Stewart and Michael Parnell, were convicted of conspiracy, fraud and other federal charges after a salmonella outbreak was traced back to their processing plant. A third defendant, Mary Wilkerson, a former quality control manager for the plant was found guilty on one count of obstruction of justice. The brothers were convicted of 97 federal felony counts. Bond was set for $150,000 for Stewart Parnell and $100,000 for his brother. Sentencing has not yet been scheduled. They are expected to receive 27-33 years each. The outbreak resulted in one of the largest food recalls in U.S. history. The Centers for Disease Control and Prevention found that 714 people in 46 states were sickened and nine people died. This case is the first time plant workers and corporate executives have been tried in a food poisoning case. Continue Reading »
Why You Shouldn’t Tweet About Your Injury Case
In a few short years, social media has become an inescapable addition to our lives. Each day, one of the first and last things we do include browsing and sharing news and photos with our networks. While these habits are part of our daily routine, in the midst of a personal injury case, it’s advisable to pull away from those activities for some time.
Everything on the internet is public, including so-called “private” profiles. Considerable amounts of personal details can be obtained with a quick scroll over your page. Because all this information is available for general public consumption or for purchase, courts are increasingly allowing social media transcripts admission in court.
Recovered information can be used to prosecute or defend a claim. It’s not unusual that the other party looks for evidence to call your credibility into question. If you decide to continue posting in the midst of an insurance investigation or personal injury litigation, consider the following suggestions:
- Readjust your privacy settings. Limit your profile to be viewed only by friends. Don’t allow others to post about or tag you without your permission.
- Don’t “friend” strangers. Though it poses some ethical concerns, strangers could be an involved party who intends on using information against you at trial.
- Monitor what you divulge. Images and comments taken out of context can prove hard to defend and easily affect the way a judge or jury views the situation later.
- Avoid uploading details. Don’t post anything to social media before speaking with legal counsel. This includes rants, photos, or video of an accident scene or injury. However, be sure to take photos for your records.
- Don’t “clean” your networks. This advice is particularly advisable if your personal injury case has already begun. Instead, deactivate, decrease the use of, or refrain from posting.
You should always be honest with your attorney, your insurance company, your physician, and any other contributing groups. We can’t guarantee that these tips will prevent outside parties from gaining access to your information, but it does serve to limit possible damage and give you some sort of standard of control.
If you have specific questions on how your online activities may interfere with your personal injury case, McAleer Law is here to help. Connect with us on Twitter and Facebook, but don’t hesitate to call at (404) 622-5337.
SWAT Grenade Severely Injures Toddler, But County Refuses to Pay
The night of May 28, SWAT officers entered a Habersham County home. They’d received a tip about drug-activity at the house. Issued a no-knock warrant, the officers opted for the method of surprise. They burst through the door and threw a flash grenade into the house, hoping to stun and temporarily disable suspects. The grenade landed, exploding in the crib of 19-month old Bounkham Phonesavanh. The SWAT invasion proved futile and tragic. There were no suspects and no drugs in the home.
The Phonesavanh family are not Atlanta natives. They are from Wisconsin and temporarily staying with family. Because the grenade landed directly in the baby’s crib, the incident left Baby Bou Bou, as he is fondly known, with an injured brain, collapsed lung, and disfigured face. Hearing of the child’s injuries, the Habersham county sheriff told news sources the police department would accept liability for coverage of the boy’s injuries.
Fast forward three months later, and Baby Bou Bou’s condition has greatly improved. However, his medical bills are rising exponentially and approaching $800,000. The Habersham County Board of Commissioners declared that they don’t intend on paying medical expenses. While they are fully responsible for the boy’s injuries, they did not give reasons why they are neglecting accountability.
It is yet to be determined if the Phonesavanh family intends to press charges.
A tragic story with an uncertain end, no one should have to suffer from the actions or negligence of another. If you or a loved one has been severely injured by the actions or negligence of another, you deserve legal counsel and compensation. The knowledgeable professionals at McAleer Law can help defend your case and seek damages you are owed. Please contact us at 404.622.5337 or visit McAleerLaw.com to schedule you consultation today.
Driving with Trucks: Tracy Morgan
On June 7, 2014, former Saturday Night Live comedian Tracy Morgan was traveling in a limo bus near Trenton, New Jersey, when he was involved in a six-car accident on the New Jersey Turnpike. He was returning from a performance in Delaware when he was struck from behind by a tractor-trailer. The crash killed friend and fellow comedian James McNair as well as critically injuring two others. Morgan suffered a broken leg, nose, several ribs and still relies on a wheelchair.
On July 10, 2014, Morgan and three other plaintiffs filed a personal injury lawsuit in the U. S. District Court in New Jersey. The driver was working for Wal-Mart and the company has been named as a defendant. They are seeking compensatory and punitive damages. The driver has pleaded not guilty to vehicular homicide and assault. The police report states that the driver had been awake for 24 hours when the crash occurred. Thus bringing into question the ongoing debate about whether commercial drivers are being pushed to the max and thereby putting the public at risk.
See the link below for tips on how to share the road with large trucks:
http://www.esurance.com/driving-tips/driving-with-trucks
If you or someone you know was injured or killed in a truck accident call us at 404-MCALEER for a consultation. Visit http://www.mcaleerlaw.com for more information.
What’s the Price of Respect & Acceptance in College?
As September approaches, youth are back to school. For some, they’re off to college. A time for growth, college facilitates opportunities to create a new identity and pursue new friendships. It’s an exciting time of discovery. But, there is one adverse tradition that continues to permeate college campuses everywhere: hazing.
Hazing is a group ritual that involves harassing and initiating potential and new members. In the setting of high school and college, hazing usually occurs within fraternities and sororities, sports teams, and performing arts groups. In wider society, it is not uncommon in gangs, the military, police departments, and even among religious groups.
Hazing differs from bullying because the victims almost always “see what’s coming.” Humiliating and sometimes violent or dangerous, victims possess a vague idea of what’s to come. The practice has become widespread and accepted as commonplace in many circles. Unlike bullying, visibility is low, and incidents are usually denied. Sworn to secrecy, victims sometimes fail to predict the extent of harm they may endure and “what’s coming” ends in injury…or death.
Hazing can involve any number of dangerous activities including:
- Binge drinking.
- Branding or burning.
- Confinement.
- Consuming non-edible substances.
- Exposure to elements.
- Forced calisthenics.
- Near drowning.
- Nudity/sexually-oriented offenses.
- Public humiliation.
- Psychological abuse.
- Servitude.
- Situations of simulated or actual danger.
- Sleep deprivation.
- Whipping, beating, or hitting.
So why go through it? “Hazing has benefits. It can facilitate life-long commitments and strengthen loyalty to a group or cause. Those bonds can lead to jobs, protection, and a better life.” The desire to belong is innate. Participation in hazing events underlines a desire to prove dedication to the group. It is a plea for respect from other members.
Death is rare, but it happens, as was proven in the tragic and widely covered 2011 death of Florida A&M University student Robert Champion. Hazed by one of the world’s most highly acclaimed marching bands, Champion was beaten to death by his band mates. A total of twelve people were subsequently arrested on felony charges.
If hazing results in any kind of bodily harm, multiple people may be held responsible. This could be:
- The leader(s) of the group.
- Group members who inflicted the injury.
- School officials who knew about the group’s culture of hazing and did nothing.
Forty-three states outlaw hazing. Most colleges and universities follow strict codes of conduct against these activities. In criminal court, if the student does not suffer physical harm, hazing is considered a misdemeanor of a high and aggravated nature and punishable by up to 12 months in jail and a $5,000 fine. If the student is hurt, it is viewed as a felony.
Hazing can cost victims their pride, liveliness, and dignity, leaving many seeking well-deserved monetary damages for physical injury and pain and suffering.
If you or a loved one has been physically or emotionally abused by hazing, you need to hold their transgressors accountable. For specific advice regarding the nature of your case, contact McAleer Law at (404)-MCALEER.
Rapper T.I. and Funeral Home Lawsuit Settled
Clifford Harris Jr., also known as rapper T.I., recently settled a suit filed by the family of a man whose body was shown on the MTV program “T.I.’s Road to Redemption.” The nine-episode 2009 show followed the Atlanta-based rapper as he attempted to convince young people to stay away from the criminal life. In one episode T.I. takes a young man called “Peewee” to an Atlanta crematorium and funeral home. There an employee shows them the body of a man described as a “hustler” whose “family did not know what happened to him.” The family of Joseph Williams recognized the body despite the face being blurred out. Williams had, in fact, died from an illness at home. In shock, the family asked for the body to be re-blurred, for the episode not to be re-run and immediately taken off the website. The production company ultimately decided the blurring was done to their standards and the episode remained online. The suit named the funeral home, funeral home employee, T.I. and Grand Hustle, Ish Entertainment and MTV-Viacom as defendants. Earlier this year the crematorium and funeral home settled their claims. MTV, T.I. and the other defendants were scheduled to go to trial on July 7. However, a settlement was reached in mediation on June 29.
If you or someone you know have had remains of a loved one mishandled, call us at 404.MCALEER. Visit www.mcaleerlaw.com for more information.
No Place for Hate: Who’s Responsible for Bullying?
In 2012, 20 percent of high school students were bullied (CDC, 2012). It doesn’t take the statistics from elementary and middle schools to see that bullying is a serious problem. Bullies intentionally prey on those perceived to be weak or different. With tactics that include taunts, threats, harassment, and exclusion, victims are often left fearing or expecting harm.
It wasn’t long ago that Georgia became the first state to adopt anti-bullying legislation, prohibiting bullying on school property, buses, and at school-related functions. Unfortunately, due to freedom of speech laws, school jurisdiction does not include cyber-bullying that occurs on technologies and networks that are not school-owned. However, if those behaviors spread into classroom environment, it can there be addressed.
Kids and teens don’t want to be labeled as a snitch or tattler, so they often don’t disclose when they are being harassed. It takes a lot of strength for them to publicize mistreatment. Here are some actions to carry out if your child has been a victim of bullying:
1) Don’t ignore it. And don’t tell your child to ignore the bullying. Chances are, they have tried that approach already. First, ask what methods were attempted to diffuse the situation. Encourage your child to speak to a trusted person in charge.
2) Support your child. Don’t blame your child for being bullied. Question why they are targeted. Is your child socially distanced? Does s/he have a disability or is s/he perceived to be different? Empathize with them and assure them that your involvement will not make the situation worse. Stand by your word. Advise your child to keep a journal or engage in another activity to release their frustrations.
3) Collect details. How serious is the behavior? Who is doing it? Where are the adults while it happens? Gain as much information as you can.
4) Contact necessary parties. Don’t contact the parents of the bully. Organize a face-to-face meeting with adults in charge. Discuss the incidents and your concerns, but allow the administrator or teacher to initiate contact with the other child’s guardian.
5) Be persistent. Send the aforementioned parties thank-you notes summarizing what was discussed and the proposed plan of action. Wait. If they don’t follow through with disciplinary action or counseling, you may need to move up the ladder to more powerful authorities.
Consequences of being bullied include physical or psychological damage. Victims are just as likely to cause harm to others as they are to self, and studies show that childhood victims frequently become bullies and abusers themselves.
If bullying involves injury, assault, weapons, threats, or stalking, law enforcement should be called immediately. The same should be done if cyber-bullying includes threats of violence, pornography, or an invasion of privacy.
All Georgia public schools are state-protected by sovereign immunity, making it difficult for parents to sue. Under immunity, board members, educators, administrators, and school resource officers are free from personal liability if their actions (or lack of action) are not willfully malicious. With these laws in place, it may sometimes be more feasible to name the offending student and/or their guardian in a lawsuit.
McAleer Law can help you best decide the approach to take when pursuing a case. If your child has been a victim of bullying, your family could be overdue compensation for injury, humiliation, and pain and suffering. Contact us at 404-MCALEER for a consultation.
Think Twice Before You Plan Plastic Surgery At a Strip Mall
On May 21, 2010, Amanda Lawson entered the Southeast Laser & Plastic surgery clinic in Waycross, Georgia to receive breast augmentation surgery. The shopping center clinic advertised its cosmetic procedures in the local paper and even offered a discount coupon. Lawson paid $3,500 and underwent the four hour procedure.
A month later, she returned to the clinic because her incisions were open, exposing the silicone gel implants. She was prescribed oral antibiotics, pain killers and sent home. A few weeks later her condition had not improved. Lawson went to Irwin County Hospital and was diagnosed with methicillin-resistant staphylococcus aureus — MRSA. She spent a week in the hospital to treat her still open wounds and the infection. The next month she was again hospitalized for a staph infection and received intravenous antibiotics. At this time, she underwent surgery to remove both implants. Lawson was permanently disfigured as a result of the ordeal.
According to the lawsuit she filed against the practice and doctor that performed the botched surgery, Lawson did not receive a complete pre-operative exam nor was she even measured for the implants. Her first meeting with the surgeon was the day of the surgery and his assistant was the owner of the clinic who was not a licensed medical professional. She was given only local anesthesia, a tranquilizer and a pain killer.
After a two day trial, a Ware county jury awarded Lawson $1 million. This is a case where a patient was simply taken advantage of. Such clinics are not regulated as hospitals and surgery centers are — buyer beware.
Please visit mcaleerlaw.com to learn about how to protect your legal rights in the face of substandard medical care.
Water Safety
It’s that time of year again! Swimming pools, beaches and water parks are packed with families eager to cool off in the stifling summer heat. While plenty of great memories are sure to be made poolside, it’s also a good time to remind parents and guardians of the dangers of water activities.
According to the Centers for Disease Control and Prevention, 10 people die every day from drowning which is an average of 3,880 people per year. After motor vehicle accidents, drowning is the leading cause of injury-related death among children of all ages. 90% of these parents say they were watching their children, however, were distracted by other activities such as reading, talking or taking care of another child.
It only takes a second for a child to get into trouble. Furthermore, drowning rarely involves splashing, waving and yelling as you might see in a movie scene. This is proven by the fact that half of all drowning deaths take place within 25 yards of a parent. Drowning does not look like drowning:
1. Drowning people are not able to call out for help. They must be able to breathe sufficiently before speech can occur.
2. Drowning people cannot wave for help. Forcing their arms down in the water allows them to lift their mouths out of the water for air. This also means they are unable to reach out for rescue equipment.
3. Drowning people remain upright in the water with submersion occurring in 20-30 seconds.
Look for these signs:
• Eyes glassy
• Eyes closed
• Head low in water
• Head tilted back with mouth open
• Vertical – not using legs
• Trying to roll over on back
• Appears to be climbing an invisible ladder
Remember that drowning is most often quick and quiet. Fences, swimming lessons, and flotation devices are helpful, but parental supervision is the best defense.
If you or someone you know was injured or killed by improper pool markings (depth) or improper supervision (daycare worker or lifeguard), call us at 404.MCALEER. Visit www.mcaleerlaw.com for more information.
Atlanta Accident Injury Lawyers - McAleer Law 