A 2009 salmonella outbreak that resulted in the death of nine individuals and afflicted 700 more has finally been linked to a Georgia peanut company. A federal indictment has been issued that charges the head of the Peanut Corporation of America and four other individuals with multiple federal crimes, including fraud, conspiracy, introducing adulterated and misbranded food into interstate commerce and obstruction of justice. In addition, a series of lawsuits, including wrongful death claims, have been filed against the company.According to the indictment, officials were aware of the dangerous conditions of the products that the plant was manufacturing but continued to sell them. Prosecutors are charging the president of the company, an operations manager, a quality assurance manager and the food broker for the company. Another operations manager has already pleaded guilty to a variety of charges, including fraud, conspiracy and the introduction of adulterated food into interstate commerce. In addition to these criminal charges, individuals who lost family members have filed wrongful death claims against the company to impose civil liability on the company.
When a loved one dies in a tragic accident or is murdered, it is understandable that surviving family members want to hold the individual or individuals responsible for the loved one's death responsible. One way to do so is to encourage criminal prosecution by Georgia law enforcement, where appropriate, but another way many families hold people liable for a loved one's death is through wrongful death lawsuits. These civil matters reflect both the irreplaceable value of a loved one's life, but also serve as an important step in seeking justice for a family member's death.
A lawyer for the Georgia rehabilitation center Narconon argued that a wrongful death suit brought against the facility should be dismissed. The judge took the information under advisement, and the case is set for trial in a month's time. The wrongful death suit was filed by a patient's family after their loved one died from a drug overdose while in the care of the facility. The patient was a former Marine who had been previously sentenced by a Florida drug court to an in-patient drug and alcohol rehabilitation center. The 28-year-old allegedly was drinking alcohol with an individual who works for Narconon. He was also using heroin with two former Narconon patients on the day that he died.
The newly appointed assistant solicitor for the municipal court for the City of Sandy Springs has been released from her position after authorities learned of personal problems she was facing, including the possibility of being charged in a wrongful death suit. The suit was going to be filed by the family of a 14-year-old who committed suicide after taking a synthetic substance. The former solicitor's husband is involved in a large federal drug trafficking case associated with the synthetic marijuana industry and has pleaded guilty to drug trafficking charges. The former solicitor is being charged in the lawsuit because of perceived ties to a company that authorities believe manufactured a compound for synthetic marijuana. She is named as the registering agent for four companies that have the same address as the company that is believed to have manufactured the substance taken by the teen who committed suicide. His family believes that the drug induced a psychotic break that led to his death.
A wrongful death lawsuit has been filed in Macon by a Kathleen family whose loved one died as a result of injuries that he sustained in front of his house when he was cycling. The man's widow and the administrator of his estate filed the wrongful death lawsuit against the driver, a neighbor who was driving her children to the local school at the time that she hit him. The lawsuit claims that she was negligent by failing to observe the roadway, failing to yield to the deceased's right of way and not exercising due care in the operation of a motor vehicle. The claim asserts that the cyclist was in the process of mounting his bike at the time of the accident. However, these claims are in direct contradiction to the Houston County Sheriff's Office's accident report that states that the cyclist was operating his bike at the time of the accident and failed to yield the right of way of the vehicle the neighbor was driving.
A wrongful death suit has been filed against a Georgia drug treatment center. The family of the victim has filed the wrongful death suit after he died from a fatal accident of overdosing on drugs and alcohol while under the care of the treatment center. The man who died arrived at the center after a judge ordered him into residential treatment. He had been convicted of possession of cocaine and was given the alternative to enter the treatment center instead of going to jail. His family claims that it paid more than $30,000 for his treatment at a center that it believed was a supervised, residential facility. Family members said they only had 72 hours to choose a treatment center and chose the one they did based on the information available to them at the time.
A man may have died as a result of a reckless or negligent security guard in Cobb County, Georgia. The security guard allegedly shot one man and injured another during a recent shooting. The shooting occurred in Austell, Georgia. Witnesses told responding police officers that the shooter was a security guard. They stated that the security guard shot one man after the two of them got into a fight. The other victim was injured by a stray bullet. The police found the victims in the parking lot of the apartment complex.
A very complicated area of premises liability law here in Atlanta and throughout the country is that which involves animals, especially wild animals. When someone is injured or killed by a wild animal on private property, the property owner or manager may or may not be responsible for the incident.
A couple of weeks ago in this Atlanta GA Premises Liability Law Blog, we discussed the tragic electrocution of an 11-year-old girl at a putt-putt course in Orlando. The young girl was vacationing with her family late last month, and she was electrocuted when she reached into a small pond on a resort's course to retrieve a golf ball.
Atlanta residents may have heard the tragic news story about an 11-year-old girl who was electrocuted at a central Florida vacation resort earlier this week. The girl was reportedly trying to remove a golf ball from a small pond on a mini-golf course when she was electrocuted. She was then taken to a hospital where she was pronounced dead.