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  • MedMalpracticeConclusion
    Member Profile Listserve About GTLA Lists Browse Messages Search Messages Post Messages On line Manage List Settings Upcoming Events Research Tools Expert Depositions Expert Challenges Briefs Motions Legal Forms Experts for Hire Fastcase Law Library How to Upload Documents CLE CLE Calendar CLE Webinars CLE Bookstore Check Your CLE Champion Materials Amicus Curiae Request Amicus Briefs Amicus Brief Archives Job Bank Trial Case Calendar View Members Trials Submit Your Trial to Calendar Legislative Meet the Team Legislative Issues Talking Points Daily Watch Lawyer of the Day About Lawyer of the Day Sign Up 2015 Final Report Capitol Impact Legislative Resources Who Are My Elected Officials The Georgia General Assembly How a Bill Becomes Law Press Room Press Releases Articles GTLA Publications The Verdict Magazine The Monthly Docket Newsletter For the Public Who We Are Visit the Press Room Find an Attorney Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home Root MedMalpracticeConclusion In This Section Conclusion Placing arbitrary limits on the 7th Amendment rights of our citizens especially those who have placed their trust and often their lives in the hands of a medical care provider only to be harmed by that provider will have real life devastating effects on real life people A cap on non economic damages would cruelly impact those devastated by acts of malpractice while failing to achieve any correction of the premium problem Before considering drastic and unnecessary changes to the civil justice system consider the following real examples of actual claims involving Georgia citizens and the impact of an arbitrary cap on damages The survivors of a 26 year old low wage earning mother whose death was caused by a botched cesarean section who would have almost no economic damages to recover Her husband was left with no spouse and the baby girl has no mother Tort reformers would limit this family s rights to recovering 250 000 The case of the death of a 21 year old college student whose bacterial meningitis was misdiagnosed would involve very little economic damages His parents were left to agonize over the unfulfilled dreams of a life they had created but the tort reformers would value their loss at nothing more than 250 000 The tort reformers also would limit to 250 000 the value of the loss of an elderly woman whose life expectancy was only another 10 years according to an insurance company s actuarial experts She was subjected to the excruciatingly painful effects of a decubitus ulcer that was allowed to develop exposing the woman s tailbone and hipbone to life threatening bacteria from the feces she was forced to lay in for days at the nursing home before she

    Original URL path: https://www.gtla.org/index.cfm?pg=MedMalpracticeConclusion (2016-04-30)
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  • BakerMcKenzieDiscrimination
    Lists Browse Messages Search Messages Post Messages On line Manage List Settings Upcoming Events Research Tools Expert Depositions Expert Challenges Briefs Motions Legal Forms Experts for Hire Fastcase Law Library How to Upload Documents CLE CLE Calendar CLE Webinars CLE Bookstore Check Your CLE Champion Materials Amicus Curiae Request Amicus Briefs Amicus Brief Archives Job Bank Trial Case Calendar View Members Trials Submit Your Trial to Calendar Legislative Meet the Team Legislative Issues Talking Points Daily Watch Lawyer of the Day About Lawyer of the Day Sign Up 2015 Final Report Capitol Impact Legislative Resources Who Are My Elected Officials The Georgia General Assembly How a Bill Becomes Law Press Room Press Releases Articles GTLA Publications The Verdict Magazine The Monthly Docket Newsletter For the Public Who We Are Visit the Press Room Find an Attorney Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home Root BakerMcKenzieDiscrimination In This Section THE BAKER MCKENZIE SEXUAL DISCRIMINATION CASE A San Francisco Superior Court jury awarded Rena Weeks a former secretary at the world s largest law firm 50 000 for emotional distress and 7 1 million in punitive damages after she alleged that a partner at the firm sexually harassed her In a pivotal charge against former Baker McKenzie partner Martin Greenstein Rena claimed that he dropped candies in the pocket of her blouse groped her breast pressed against her from behind and pulled her arms back to see which one is bigger Weeks worked for Greenstein for 25 days and was transferred after she complained She resigned about a month later to take another job Greenstein who attracted much business to the firm was not dismissed or otherwise disciplined until well into the litigation At trial seven other former employees of the firm testified about improper advances by Greenstein The law firm s own witnesses admitted that they knew Greenstein had been dogged for years by complaints of harassment In some instances the firm had not bothered to talk to employees who had complained Greenstein s conduct was concealed because the firm kept complaints in the women s files rather than Greenstein s The jury found that the law firm knew of Greenstein s harassing behavior and failed to rein him in Jurors calculated punitive damages by taking about 10 percent of the firm s capital When you get religion you should tithe one juror commented alluding to the firm s testimony about its new attitude toward harassment complaints The only time they the firm did anything was when they were threatened by a lawsuit another juror said One other juror commented Any time anybody complained they were retaliated against in some fashion so we thought we

    Original URL path: https://www.gtla.org/index.cfm?pg=BakerMcKenzieDiscrimination (2016-04-30)
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  • BarbequeGasolineCase
    Fastcase Law Library How to Upload Documents CLE CLE Calendar CLE Webinars CLE Bookstore Check Your CLE Champion Materials Amicus Curiae Request Amicus Briefs Amicus Brief Archives Job Bank Trial Case Calendar View Members Trials Submit Your Trial to Calendar Legislative Meet the Team Legislative Issues Talking Points Daily Watch Lawyer of the Day About Lawyer of the Day Sign Up 2015 Final Report Capitol Impact Legislative Resources Who Are My Elected Officials The Georgia General Assembly How a Bill Becomes Law Press Room Press Releases Articles GTLA Publications The Verdict Magazine The Monthly Docket Newsletter For the Public Who We Are Visit the Press Room Find an Attorney Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home Root BarbequeGasolineCase In This Section THE BARBECUE GASOLINE CASE The Claim A Miami woman who used cocaine and alcohol and splashed herself with gasoline was awarded 250 000 after she was severely burned trying to light a barbecue The Truth This horror story omits key facts Magdelin Arias a newspaper carrier went to a late night barbecue in 1986 at the home of Aleida Verdasco Since the can of lighter fluid was empty the participants decided to siphon off some gas from a car in order to light the coals which were set in a concrete block style pit While siphoning the gas some of the liquid spilled on Arias a fact known by Verdasco Back at the pit Verdasco lit a piece of paper in order to

    Original URL path: https://www.gtla.org/index.cfm?pg=BarbequeGasolineCase (2016-04-30)
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  • PaintJobCase
    Visit the Press Room Find an Attorney Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home Root PaintJobCase In This Section THE BMW V GORE PAINT JOB CASE Why Did BMW Deliberately Rip Off Its Own Customers Dr Ira Gore who treats cancer patients in Birmingham Alabama bought a new BMW 535i automobile in January 1990 He paid 40 750 for the car which BMW markets as the ultimate driving machine with flawless body panels that retain their original luster after many miles of wear Dr Gore wrongly assumed that since the car was new it had never been damaged In fact when Dr Gore took his car to an auto detailing expert nine months after the purchase he learned that virtually the entire car the top hood trunk and quarter panels had been repainted due to acid rain damage sustained in transit from BMW s factory in Germany BMW kept computer records of repairs to all of its cars but no one from the automaker ever told Dr Gore that the car he bought had been repainted at a company facility in Georgia BMW even failed to disclose to its own dealers that cars had been repainted Feeling cheated Dr Gore filed a fraud suit in Alabama state court against BMW and the dealer During the trial Dr Gore showed that the repainted car although it looked new would always be unavoidably inferior This is because the super heated painting process at the factory could not be duplicated once non metal parts were installed in the assembled car even if the repaint job was done as well as possible the car still would be worth 10 percent less a former BMW dealer testified This is because the paint on the repainted car would begin to fade reducing the value of the car In Dr Gore s case he was defrauded out of approximately 4 000 i e the 40 750 purchase price minus 10 percent BMW s Executive Board had adopted a policy in 1983 to deliberately and fraudulently conceal from customers and even its own dealers that vehicles had been repainted regardless of the extent of the damage or cost of repairs Notably a BMW expert testified that he would want to know whether a car had been repainted if he was going to purchase it a minimum of 983 other cars each with at least 300 in damage had been sold to unsuspecting American customers BMW also sold more than 5 850 other repaired vehicles as new without disclosing repairs These figures though vastly underestimate BMW s program of nationwide fraud At a post trial hearing BMW filed a document indicating that repainting

    Original URL path: https://www.gtla.org/index.cfm?pg=PaintJobCase (2016-04-30)
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  • BumperCarCase
    Research Tools Expert Depositions Expert Challenges Briefs Motions Legal Forms Experts for Hire Fastcase Law Library How to Upload Documents CLE CLE Calendar CLE Webinars CLE Bookstore Check Your CLE Champion Materials Amicus Curiae Request Amicus Briefs Amicus Brief Archives Job Bank Trial Case Calendar View Members Trials Submit Your Trial to Calendar Legislative Meet the Team Legislative Issues Talking Points Daily Watch Lawyer of the Day About Lawyer of the Day Sign Up 2015 Final Report Capitol Impact Legislative Resources Who Are My Elected Officials The Georgia General Assembly How a Bill Becomes Law Press Room Press Releases Articles GTLA Publications The Verdict Magazine The Monthly Docket Newsletter For the Public Who We Are Visit the Press Room Find an Attorney Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home Root BumperCarCase In This Section The Bumper Car Case The Claim A Florida theme park was ordered to pay 86 percent of a woman s award for injuries received on its Grand Prix ride even though the park was found only 1 percent at fault and the woman s husband who rammed his car into hers 85 percent at fault The Truth This case demonstrates the value of joint and several liability a doctrine that ensures that those harmed by the acts of others will be compensated for their injuries Aloysia Wood was injured in November 1971 at Disney s Grand Prix ride when her then fiance Daniel hit the rear of the vehicle she

    Original URL path: https://www.gtla.org/index.cfm?pg=BumperCarCase (2016-04-30)
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  • DrunkenWoman
    CLE Calendar CLE Webinars CLE Bookstore Check Your CLE Champion Materials Amicus Curiae Request Amicus Briefs Amicus Brief Archives Job Bank Trial Case Calendar View Members Trials Submit Your Trial to Calendar Legislative Meet the Team Legislative Issues Talking Points Daily Watch Lawyer of the Day About Lawyer of the Day Sign Up 2015 Final Report Capitol Impact Legislative Resources Who Are My Elected Officials The Georgia General Assembly How a Bill Becomes Law Press Room Press Releases Articles GTLA Publications The Verdict Magazine The Monthly Docket Newsletter For the Public Who We Are Visit the Press Room Find an Attorney Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home Root DrunkenWoman In This Section THE DRUNKEN WOMAN WHO DROWNED CASE The Claim A drunk woman s estate received 1 million after she entered a closed city park and drowned in three feet of water The Truth Sure sounds outrageous It s unfortunate that reformers who cite this case neglect to mention that the state appellate court reversed the decision On July 21 1985 a group of seven people including 32 year old plaintiff Ana Garcia squeezed through a hole in a fence at approximately 1 a m to get into a municipal pool in the Bronx The lights were off and no lifeguards were on duty Ms Garcia who had been drinking and whose blood alcohol level was later measured at 0 23 percent twice the legal limit stepped into the shallow water fell beneath

    Original URL path: https://www.gtla.org/index.cfm?pg=DrunkenWoman (2016-04-30)
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  • GasWaterHeaterCase
    Curiae Request Amicus Briefs Amicus Brief Archives Job Bank Trial Case Calendar View Members Trials Submit Your Trial to Calendar Legislative Meet the Team Legislative Issues Talking Points Daily Watch Lawyer of the Day About Lawyer of the Day Sign Up 2015 Final Report Capitol Impact Legislative Resources Who Are My Elected Officials The Georgia General Assembly How a Bill Becomes Law Press Room Press Releases Articles GTLA Publications The Verdict Magazine The Monthly Docket Newsletter For the Public Who We Are Visit the Press Room Find an Attorney Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home Root GasWaterHeaterCase In This Section THE GAS WATER HEATER CASE The Claim An Alabama woman was awarded 250 000 in punitive damages even though she was not injured and not even present when a gas water heater malfunctioned The Truth This version of the case neglects these facts Ruth McCord s grandson Dexter purchased a water heater and installed it in Ruth s mobile home in November 1989 No instructions or installation manuals were attached Noticing a gas smell in the house a few weeks later a member of Ruth s family called the gas supplier A service person came to inspect the furnace but did not realize that the heater was improperly installed Two days later four family members Louisiana 50 Joyce 17 Janice 13 Felicia 15 were overcome by carbon monoxide while they slept Joyce died while the other three incurred over 13 000 in medical

    Original URL path: https://www.gtla.org/index.cfm?pg=GasWaterHeaterCase (2016-04-30)
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  • DefectiveDoorLatchCase
    a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home Root DefectiveDoorLatchCase In This Section THE HARDY V GM DEFECTIVE DOOR LATCH CASE Why An Alabama Jury Hit General Motors with Punitive Damages At Least 112 People Were Killed Or Injured Due to GM s Defective Door Latches The Lowndes County Alabama jury that assessed 100 million in punitive damages against the General Motors Corporation on Monday June 3 1996 for selling vehicles with dangerously defective door latches did so only after it learned that at least 112 people have been killed or injured when the type III door latches on GM vehicles failed resulting in occupants being ejected from the vehicles GM s own engineers reported in the 1980s that the performance of the type III door latch was a problem substandard and unacceptable and that the door latch even failed GM s own crash tests a 1982 study by a GM engineer concluded that there would be 18 000 door openings each year in wrecks involving GM vehicles equipped with type III door latches after it considered and rejected a recall GM documents indicate that it destroyed its entire inventory of type III door latches GM deliberately chose not to recall and fix the defective door latches because company documents reveal that GM thought a recall would cost too much about 916 million and GM routinely settled defective door latch cases until 1994 which is when an eight year statute of limitations expired preventing the federal government from ordering a recall of the more than 30 million GM cars still on the road with type III door latches GM told The Wall Street Journal that the timing was pure coincidence Alabama Man Paralyzed for Life Due to Defective Door Latch The Alabama verdict came in the case brought by Alex Hardy and his wife Thelma As a result of an August 3 1991 accident Mr Hardy was permanently paralyzed below the waist and confined to a wheelchair for life Mr Hardy now 42 was driving his 1987 S 10 Chevrolet Blazer when the rear axle of the vehicle broke causing it to rollover Mr Hardy was ejected from the vehicle during the rollover when the driver s side door came open due to a defective door latch At trial engineering and forensic experts testified that the door latch had failed and that Mr Hardy was thrown out of the driver s side door GM s response was to claim that Mr Hardy had been drinking and driving However there was no evidence of this A blood alcohol test conducted after the accident showed no alcohol in Mr Hardy s blood The jury awarded Mr Hardy and his wife 50 million for past and future health care costs lost income and to compensate Mr Hardy because he will never walk again The jury also assessed 100 million in punitive damages against GM for callously putting millions of Americans

    Original URL path: https://www.gtla.org/index.cfm?pg=DefectiveDoorLatchCase (2016-04-30)
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