Child Injury Lawyer Blog
By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network
In a bizarre twist on leaving children in cars, a 12 year old boy has been charged with felony murder and cruelty to children in the death of his five week old cousin. The baby was left in a car by the mother at a store in Cobb County, Georgia. The 12 year old boy was apparently left in the car to watch the baby. When the mother came out, the baby was not breathing. The baby was taken to the hospital but died the following day.
A Clayton County, Georgia mother was arrested for leaving her four month old twins in a hot car while she was inside a Wal Mart. Janesia Williams left her twin babies in her car at about 10:00 p.m. while she went into the store on June 20, 2009. Another customer heard the babies crying through a cracked window in the car and called the police. Firefighters rescued the babies from the car and paramedics were tending to the babies when their mother strolled out the store to discover the situation.
The Georgia Supreme Court heard arguments recently in an appeal by a Georgia teacher who was convicted of having sex with a 16 year old student at her school. The teacher was convicted under Georgia Code Section 16-6-5.1 which provides a 10 year mandatory sentence for any “custodian or supervisor” who has sexual contact with anyone who is enrolled in a school.
In 2005, the Georgia General Assembly severely limited an injured child’s, as well as injured adults, right of recovery in medical malpractice actions. With the passage of the Tort Reform Bill, the Georgia legislature limited recovery for pain and suffering to $350,000.00 against a health care provider such as a doctor or a hospital. In the event that more than one entity is named in a medical malpractice action, the child can recover $350,000.00 from each named defendant but can never recover more than $1,050,000.00.
In a case before the Georgia Supreme Court, the issue of a public school’s liability for releasing a student to the non-custodial parent who did not have permission of the custodial parent to pick up the child is under consideration. The school receptionist received a fake FAX and telephone call allegedly from the custodial parent granting permission to the non-custodial parent to pick up his six year old daughter. The receptionist looked for the child’s information card to see who was authorized to pick up the child but could not locate the card. The school’s computer database did not have any warning about the father.
Young children especially boys are fascinated with guns. Guns are so cool to children that some bring the guns to school to show friends. How can this happen? How does the child gain access to the gun? What safety precautions are put in place for the gun? It is absolutely vital that gun owners safeguard their guns so that children do not have access to the guns. Children with access to guns bring them to school and show friends. This can be the recipe for disaster, personal injuries and wrongful death in Georgia and other States.
The Dekalb County (Decatur) School Board – Georgia will review an anti-bullying policy following the suicide death of an 11 year old boy. Jareem Harrera hung himself on April 16. He told his parents that he was upset after being teased for “talking funny” and “being gay”. Tragically, Jareem was found by another family member after Jareem hung himself. The policy that was in place at the school required teachers to report instances of bullying and that three instances / incidents would be sufficient to get the violating student expelled.