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  • StolenPotatoChips
    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 StolenPotatoChips In This Section THE KMART STOLEN POTATO CHIPS CASE Why Was Kmart So Mean spirited and Outrageous To a Loyal Employee What Actually Happened in The Stolen Potato Chips Case Patricia Rue a loyal Kmart employee for more than 12 years worked in the company s product distribution center in Morrisville Pennsylvania Patricia had a spotless record with the company never once being cited for misconduct or disciplinary action One day while she was working a Kmart manager came up to Patricia and told her that a security guard had allegedly seen her take a bag of potato chips and that she therefore was fired News of this termination spread quickly allegedly causing a slowdown in production as people discussed the incident To address this situation a Kmart manager called a meeting of Patricia s co workers and told them that she had been fired for concealing and eating a bag of potato chips Following her termination Patricia applied for and received unemployment benefits with the unemployment compensation referee ruling that she did not steal nor eat a bag of potato chips on the day in question Angered by Kmart s reckless disregard for the truth Patricia instituted a civil defamation action over the manager s statement to her co workers concerning the incident At trial the jury heard testimony from two Kmart employees who were with Patricia at the time of the alleged incident At the risk of losing their jobs these employees swore that Patricia did not steal any potato chips Kmart attempted to brand these witnesses as liars but why would they put their employment in jeopardy by lying like this The jury learned that the security officer s identification of Patricia was not based on any personal recognition of her There also was evidence that Kmart did not follow its own guidelines in investigating the alleged incident and completely disregarded Patricia s right to confidentiality by broadcasting such personal information Moreover the jury discovered that this firing caused Patricia much anxiety depression and humiliation She was unable to find another job for six months because she had to repeatedly state the reason she was fired to prospective employees Hearing all of the facts the jury

    Original URL path: https://www.gtla.org/index.cfm?pg=StolenPotatoChips (2016-04-30)
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  • McDsScaldingCoffee
    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 McDsScaldingCoffee In This Section THE MCDONALD S SCALDING COFFEE CASE Stella Liebeck of Albuquerque New Mexico was in the passenger seat of her grandson s car when she was severely burned by McDonald s coffee in February 1992 Liebeck now 81 ordered coffee that was served in a styrofoam cup at the drive through window of a local McDonald s After receiving the order the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee Critics of civil justice who have pounced on this case often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee neither is true Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup As she removed the lid the entire contents of the cup spilled into her lap The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin A vascular surgeon determined that Liebeck suffered full thickness burns or third degree burns over 6 percent of her body including her inner thighs perineum buttocks and genital and groin areas She was hospitalized for eight days during which time she underwent skin grafting Liebeck who also underwent debridement treatments sought to settle her claim for 20 000 but McDonald s refused During discovery McDonald s produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992 Some claims involved third degree burns substantially similar to Liebeck s This history documented McDonald s knowledge about the extent and nature of this hazard McDonald s also said during discovery that based on a consultant s advice it held its coffee at between 180 and 190 degrees fahrenheit to maintain optimum taste He admitted that he had not evaluated the safety ramifications at this temperature Other establishments sell coffee at substantially lower temperatures and coffee served at home is generally 135 to 140 degrees Further McDonald s quality assurance manager testified that the company actively enforces a requirement that coffee be held in the pot at 185 degrees plus or minus five degrees He also testified that a burn hazard exists with any food substance served at 140 degree or above and that McDonald s coffee at the temperature at which it was poured into styrofoam cups was not fit for consumption because it would burn the mouth and throat The quality assurance manager admitted that burns would occur but testified that McDonald s had no intention of reducing the holding temperature

    Original URL path: https://www.gtla.org/index.cfm?pg=McDsScaldingCoffee (2016-04-30)
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  • SaddleSizeFuelTank
    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 SaddleSizeFuelTank In This Section THE MOSELEY V GM SIDE SADDLE FUEL TANK CASE In February 1993 a suburban Atlanta jury ordered General Motors Corp to pay 101 million in punitive damages to the parents of 17 year old Shannon Moseley who died in a fiery crash in his 1985 GMC Sierra pickup truck in 1989 The boy s truck was struck on the side by a vehicle driven by a drunken driver who ran a red light The jury found that GM knew the trucks had a defective fuel tank design but had failed to correct it GM had placed the fuel tank outside the frame of the pickup which safety critics said made it vulnerable to puncturing during a crash At the time of the Moseley verdict GM faced at least 130 other lawsuits involving the design of the fuel tank The fuel tank design was used for trucks manufactured between 1973 and 1987 Beginning in 1988 GM moved the fuel tanks inside the truck frame but denied that it did so for safety reasons Some have likened the design to placing a human s heart outside the rib cage The jury had earlier awarded the boy s parents Elaine and Thomas 4 2 million in compensatory damages The Moseleys had refused GM s offers to settle the case The major issue in the trial was whether the fuel tank placement and design were defective and caused Shannon to burn to death after his pickup was struck on the side by another vehicle GM argued that Shannon was killed almost instantly upon impact and not from the fire that occurred shortly thereafter GM sought to show that Shannon had not experienced pain and suffering a prerequisite for a punitive damages award in Georgia But the jury apparently believed the plaintiffs eyewitness testimony that Shannon had been conscious after the impact and during the resulting fire and that he undoubtedly experienced great pain and suffering The case also involved the defection of a former GM safety engineer Ronald E Elwell who testified

    Original URL path: https://www.gtla.org/index.cfm?pg=SaddleSizeFuelTank (2016-04-30)
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  • MuggerCase
    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 MuggerCase In This Section THE MUGGER CASE The subway Version The Claim A convicted felon caught mugging a 71 year old man became paralyzed after New York Transit police shot him The jury awarded the felon 4 3 million for his injury The Truth This version of the case blatantly omits these key facts In June 1984 Jerome Sanducky was mugged by two young men in a subway station at 96th Street in New York City In the station at the time was plainclothes police officer Manuel Rodriguez The officer intervened in the mugging and shot at the two men as they attempted to escape Two bullets struck Bernard McCummings as he fled down a stairwell severing his spinal cord and paralyzing him from the waist down McCummings pleaded guilty to second degree attempted robbery and served 32 months in prison His civil suit against the Transit Authority was filed within a year of the shooting At the civil trial in 1990 it was shown that McCummings had been shot after the

    Original URL path: https://www.gtla.org/index.cfm?pg=MuggerCase (2016-04-30)
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  • LittleLeague
    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 LittleLeague In This Section PLAY BALL LITTLE LEAGUE AND LAWSUITS The claim that Little League baseball is unduly burdened by civil tort lawsuits is unfounded A search of the Lexis Nexis database reveals only two cases in which people who filed tort suits against Little League were compensated for injuries Both cases which alleged that Little League s negligence caused the injuries were settled out of court In one case a Little Leaguer missed a throw and the ball hit her mother in the face The girl s mother brought a claim which was settled for 10 000 The date of this incident was not ascertainable In the other case a New Jersey boy was injured in 1982 when he was struck in the face with a ball That case settled for 25 000 In a third tort suit the parents of a child who broke his leg while sliding brought a claim against the coach not Little League A news story in Newsday does not state the outcome of that case or whether there was a settlement or compensation

    Original URL path: https://www.gtla.org/index.cfm?pg=LittleLeague (2016-04-30)
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  • GoodSamaritanVersion
    PAC Board of Directors 404 522 8487 Login About President s Message Leadership Executive Committee Vice Presidents Past Presidents Staff Committees Local TLAs Constitution By laws Frequently Asked Questions Members Join GTLA Membership Renewal Update 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 GoodSamaritanVersion In This Section THE MUGGER WHO SUED The Good Samaritan Version The Claim A San Francisco mugger won a 24 595 judgment for leg injuries when a cab driver pinned him against the wall to keep him from escaping The Truth This anecdote neglects to mention the excessive force used by the cab driver on the suspect After witnessing

    Original URL path: https://www.gtla.org/index.cfm?pg=GoodSamaritanVersion (2016-04-30)
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  • TricycleCase
    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 TricycleCase In This Section THE TRICYCLE CASE The Claim Tricycle manufacturer settled out of court for 7 5 million rather than risk a jury verdict award over the color of its trikes The Truth One of the more distorted anecdotes perpetuated the color of the tricycle had no relevance or bearing on the outcome of this action The suit was filed on behalf of a 20 month old child whose life was tragically altered by a defectively designed tricycle He was riding the trike which had a wire metal basket over the handlebars when it tipped over causing an exposed prong on the basket to penetrate his skull through the

    Original URL path: https://www.gtla.org/index.cfm?pg=TricycleCase (2016-04-30)
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  • ManagedCare
    Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home Root ManagedCare In This Section THE TRUTH BEHIND MANAGED CARE Managed Care Sacrificing Your Health Care for Insurance Industry Profits Managed care seems to be the wave of the future Big insurance companies and health maintenance organizations HMOs are becoming major forces in America clamping down on which health care providers we can and cannot see and when we can see them The media routinely carries stories about assembly line medicine and for profit health care companies that make money when they deny us access to health care Just look at what happened to Joyce Ching a wife and mother in Agoura California Enrolled in an HMO Joyce repeatedly visited her primary care doctor for three months complaining of severe abdominal pain and bleeding but was routinely denied referral to a specialist because of the costs involved When she finally got the referral it was too late she soon died of colon cancer She was 34 These managed care conglomerates eyeing impoverished minority communities as untapped sources of Medicaid dollars are now targeting minority owned and managed health care plans for eradication This assault on our communities and health care providers by profit driven corporations that previously showed little interest in the medical fate of minorities is unconscionable At a time when African Americans are facing higher than average rates of mortality from cancer heart disease and diabetes the focus should be on improving our access to quality care not bottom line profit All Americans can surely agree that there s no place in our society for a health care system that delays essential treatment and gives doctors a financial incentive to underserve patients Managed Care Creates a Conflict of Interest Insurance companies being businesses naturally keep their eye on the bottom line Their interest is not in ensuring that you receive top quality medical attention but rather in minimizing medical expenses and maximizing profits It is a conflict of interest for the same insurance company that is focused on profits to be deciding what is appropriate medical care for you and your family There is economic pressure for the company to choose physicians that provide less medical care and fewer diagnostic tests and referrals as opposed to more quality treatment Managed Care Forces Doctors to Provide Less Treatment A physician who signs on with a managed care organization often is paid a flat monthly fee capitation per policyholder who selects that doctor regardless of whether that policyholder needs treatment or not Increasingly doctors receiving larger capitation fees are being forced to pay for any referrals diagnostic tests or emergency care up to a negotiated maximum per patient This policy creates an economic incentive for doctors to not provide the most thorough treatment and to not refer their patients to specialists but instead to treat you as quickly as possible so as to not lose money Managed care further encourages physicians to curtail services to

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