Consumers should be warned not to eat or use any of the Zeigler meat products being recalled. Consumption of food contaminated with Listeria monocytogenes can cause Listeriosis, an uncommon but potentially fatal disease. Healthy people rarely contract Listeriosis. However, Listeriosis can cause high fever, severe headache, neck stiffness and nausea. Listeriosis can also cause miscarriages and stillbirths, as well as serious and sometimes fatal infections in those with weakened immune systems, such as infants, the elderly and persons with HIV infection or undergoing chemotherapy. Consumers who purchased or have any of the recalled product are urged to contact Zeigler at (800) 326-6328 or (800) 392-6328.

The potential Listeria contamination of Zeigler wiener products was discovered last week by food scientists with the Georgia Department of Agriculture during routine microbiological testing of product samples. Georgia inspectors detected Listeria monocytogenes in a 12-ounce package of Zeigler Chicken and Pork Wieners marked CI USE BY NOV 26 08. The tested package was also labeled with plant number P-9156S inside the USDA mark of inspection. After discovering the Listeria monocytogene contamination on November 7th, Georgia officials immediately warned the USDA, and began to remove Zeigler hot dog products with certain code numbers from store shelves in Georgia. A copy of the press release issued by the Georgia Department of Agriculture can be found here.

"Drowsy Driving Prevention Week" was first recognized in November 2007. At that time, NSF launched a new website: www.drowsydriving.org. On that website, readers can find more information about the dangers of drowsy driving and ways to help increase public awareness about this serious national safety problem. That website also features testimonials from victims whose lives have been permanently affected by a drowsy driving or sleep related crash. Moreover, every year during “Drowsy Driving Prevention Week,” NSF plans to release on its drowsydriving.org website an annual survey about progress being made on specific issues related to drowsy driving prevention and law enforcement. Ragland & Jones, LLP agrees that driver fatigue and drowsy driving is a serious traffic safety concern. Therefore, the firm fully supports the efforts of NSF to raise awareness about this problem through its "Drowsy Driving Prevention Week," and related education and prevention campaigns.

Numerous studies have shown that fatigue and/or sleepiness significantly impairs a person’s ability to safely operate a motor vehicle. Drowsy drivers have slowed reaction times, impaired judgment, diminished motor skills, more difficulty with information processing, and a tendency toward more aggressive driving behaviors. One study performed by the AAA Foundation for Traffic Safety concluded that compared to drivers who had gotten 8 hours or more of sleep, people who had slept less than 7 hours are twice as likely to cause a motor vehicle accident, and people sleeping less than 5 hours increased the risk of a crash four to five times. Researchers in Australia claim that being awake for 18 hours produced an impairment equal to a blood alcohol concentration (BAC) of .05, and sleep deprivation of 24 hours produced impairment equivalent to that of a drunk driver with a BAC of .10 which is above the legal limit of .08 in Georgia and all across America.

On behalf of Ragland & Jones, LLP, Daniel Ragland (right) accepts the "Top Fundraiser" Award from MADD National President, Laura Dean-Mooney (left)

During the three years (2006-2008) that Ragland & Jones, LLP has sponsored and participated in the annual fundraising walks held by MADD Georgia, the firm has contributed and raised over $22,000 in funds to support MADD Georgia. The stated mission of MADD is to “stop drunk driving, support the victims of this violent crime and prevent underage drinking.” Ragland & Jones, LLP is dedicated to safety advocacy, and is particularly dedicated to supporting MADD Georgia.

Ragland & Jones, LLP agrees with MADD that drunk driving is a serious criminal offense which imperils millions of innocent motorists and pedestrians every day. The devastating human consequences of drunk driving cannot be overstated. The National Highway Traffic Safety Administration (NHTSA) has indicated that in 2007, there were 12,998 people killed in “alcohol-impaired crashes.” There were 13,491 fatalities in alcohol-impaired crashes in 2006. NHTSA defines an “alcohol-impaired crash” to be one where at least one driver of the automobile or motorcycle had a blood alcohol concentration (BAC) of 0.08 percent or higher. In 2007, there were 441 deaths due to alcohol impaired crashes in Georgia alone. NHTSA has estimated that in 2006, 35% of all traffic deaths occurred in crashes in which one driver had a BAC of 0.08 percent or higher, and that some alcohol was present in 41% of all fatal crashes.

Ragland & Jones, LLP recognizes the magnitude of the drunk driving problem and the untolled human devastation which impaired driving leaves in its path. That is why Ragland & Jones, LLP believes in the mission of MADD and is firmly committed to the continued support of that organization and its cause.

Ragland & Jones, LLP is an Atlanta law firm made up of trial attorneys focused on severe injury and wrongful death litigation. In particular, attorney Daniel Ragland has considerable experience representing victims of drunk driving, and has handled many civil claims and lawsuits against drunk drivers. He also has extensive experience with dram shop lawsuits against businesses which unlawfully sold alcohol to an underage driver or negligently continued to sell alcohol to "noticeably intoxicated" adults.

Medical malpractice attorney Evan W. Jones is representing the female patient and her parents. He prepared and filed the lawsuit on behalf of both the teen patient and her parents seeking unspecified compensatory damages, as well as punitive damages because of the Dr. Chuo’s intentional and grievous sexual misconduct. In separate counts, the lawsuit asserts multiple tort claims against Dr. Chuo including civil assault and battery, medical malpractice, breach of fiduciary duties, violations of the Georgia Dental Practice Act (negligence per se), and intentional infliction of emotional distress.

The defendant-physicians assert that the Plaintiff’s claims of professional negligence are barred by Georgia’s five year medical malpractice statute of repose because the patient first starting seeing them more than five years before the lawsuit was filed. For this reason, the trial court granted Motions to Dismiss on behalf of the Defendants in April 2007. Mr. Ragland appealed to the Georgia Court of Appeals which reversed the trial court’s decision finding that the five year statute of repose had not expired. The Georgia Court of Appeals reasoned that the Defendants had failed to vaccinate and otherwise properly protect their asplenic patient from the risks of OPSI on many occasions, including visits which took place during the five year pre-suit period. As such, the Georgia Court of Appeals agreed that negligent acts which were committed within five years of the lawsuit could support timely malpractice claims by the Plaintiff.

Both sides have now filed their appellate briefs with the Georgia Supreme Court. Oral argument before the Georgia Supreme Court has been scheduled for 10:00 a.m. on Monday, October 20, 2008.

Earlier this year, the Executive Committee of GTLA decided that there needed to be a permanent annual event to recognize excellence in the Georgia Judiciary. Therefore, it was decided to honor the judiciary with an annual reception to be known as “The Height of Excellence.” Ragland & Jones, LLP is proud to be one of the first sponsors of this event and to have made a $1,000 contribution to help provide necessary funds.

The GTLA Executive Committee has also now created the “Anthony A. Alaimo Award for Judicial Excellence,” which will be bestowed upon a worthy member of the trial or appellate judiciary in Georgia at this inaugural event and annually at this event every year in the future. This award was created in honor of the Honorable Anthony A. Alaimo, Senior Judge of the U.S. District Court for the Southern District of Georgia. It has already been announced that Judge Alaimo will be the first deserving recipient of this award which has been named in his honor. Before being appointed to the federal district court in 1971, Judge Alaimo served as the 13th President of GTLA in 1968. Before attending law school, Judge Alaimo served in the U.S. Army Air Corps and had flown a B26 as a member of the 322nd Bomb Group during World War II. His plane was shot down over the North Sea and he was captured by the Germans. Judge Alaimo was one of many American prisoners of war who daringly escaped from a German POW camp.

Mr. Ragland will attend many of the workshops planned during the day on September 5 and September 6. Some of these workshops will address various topics including, among other things, understanding and meeting the needs of persons suffering a traumatic brain injury, providing support to those grieving the death of a family member, understanding the role of alcohol interlock technology to prevent convicted offenders from repeating their drunk driving, methods to reduce access to alcohol by underage drivers, and the use of Victim Impact Panels to help show convicted offenders that innocent persons are victimized by their impaired driving.

Daniel Ragland is a civil trial attorney who regularly represents victims of drunk driving in lawsuits against the DUI offender. He has also handled many dramshop liability cases against persons or businesses who have negligently served or sold alcohol to an underaged youth or a noticeably intoxicated adult. Mr. Ragland has been an active member of MADD Georgia since 1990. He served as “Legal Advisor” and as a member of MADD Georgia’s Board of Directors during 1992-1998. Currently, he is a member of the State Advisory Council of MADD Georgia, a position he has held since 2002. Mr. Ragland has been asked on many occasions to conduct training workshops for MADD victim advocates on topics relating to civil law claims against drunk drivers, as well as civil claims based upon negligent entrustment, vicarious liability, dramshop liability or social host liability. Mr. Ragland has been invited to make presentations about civil law remedies available to victims of an alcohol-related traffic collision at training workshops conducted by MADD chapters in Georgia, Florida, Texas, Arizona, New Mexico and Washington.

Last year, Ragland & Jones, LLP also sponsored MADD’s 3rd Annual “Strides for Change” walk held on September 13, 2007 at Atlanta’s Centennial Olympic Park. The law firm had a walk team which raised nearly $6,000. In fact, in 2007, Ragland & Jones, LLP was given an award for being the “Top Corporate Team” for its fundraising achievements for MADD in connection with the 3rd Annual “Strides for Change” 5k walk. Ragland & Jones, LLP was also a corporate sponsor of the 2nd annual "Strides for Change" campaign in 2006.

Daniel Ragland, an attorney with Ragland & Jones, LLP, has been a member of the State Advisory Council since 2002. He serves on the Victim Services Committee. Previously, Mr. Ragland served as Legal Advisor to MADD Georgia and was a member of its Board of Directors during 1991-1998. In lieu of a Board of Directors, MADD Georgia is now overseen by its State Advisory Council. Mr. Ragland has been an active member of MADD since 1990.

Daniel Ragland is a civil trial attorney whose legal practice in Atlanta focuses upon severe injury and wrongful death litigation. Mr. Ragland has many years of experience representing victims of drunk driving. He is considered one of Georgia’s leading legal experts in the area of dramshop liability and the pursuit of civil claims against DUI offenders. He has handled many personal injury and wrongful death lawsuits against drunk drivers, as well as bars, night clubs, restaurants and other businesses which negligently or illegally sold alcohol to an intoxicated adult or underaged motorist. Personal injury lawyer Daniel Ragland has represented drunk driving victims in Atlanta and throughout all parts of Georgia for nearly 20 years.

You can contact Mr. Ragland by telephone at (770) 407-7300 or by e-mail at dragland@raglandjones.com.

On May 14, 2008, Georgia Governor Sonny Perdue signed into law SB 276 which amends certain parts of O.C.G.A. § 33-7-11 and provides that, effective January 1, 2009, any non-negligent driver or passenger injured in an automobile or trucking accident will have access to both the at-fault driver’s automobile liability coverage, as well as the total amount of UM (uninsured/underinsured motorist) coverage which any injured victims purchased under their own automobile policy (and/or available to them as a passenger while riding in a non-owned car or truck). Under current Georgia law, car and truck accident victims can potentially recoup damages under their own auto policy (and/or the auto policy insuring a non-owned vehicle in which they were traveling at the time of the accident) only to the extent the total amount of UM coverages available to the injured victim exceeds the total amount of the liability coverages available to the at-fault driver. Thus, beginning January 1, 2009, SB 276 changes existing Georgia law by providing that accident victims can potentially recover the full amount of any UM coverage which may apply to them in addition to the amount of automobile liability coverage available to the at-fault driver.

Prior to the passage of SB 276, Georgia remained one of the few states in the Southeast which did not mandate that policyholder’s be allowed access to the full amount of any uninsured or underinsured motorist coverage they had purchased regardless of the amount of liability coverage available to the at-fault driver. After January 1, 2009, insurance companies in this state must allow the “stacking” of an accident victim’s UM coverage as excess insurance over and above the amount of liability coverage insuring the at-fault driver. Currently, twenty-three other states, including Alabama, Florida, and South Carolina, allow the stacking of UM coverages purchased by accident victims.

The case arose from a medical malpractice lawsuit filed by Atlanta Attorney Daniel Ragland on behalf of Betty Lyon and her husband, Henry Lyon, in the Superior Court of Fulton County, Georgia on August 29, 2006. That lawsuit alleged that because of injuries she suffered at age 17 in a 1982 car accident, Mrs. Lyon’s damaged spleen had to be surgically removed in a procedure known as a splenectomy. As a result, Mrs. Lyon lived her adult years without a spleen which left her at risk for developing a life threatening fulminant condition known as “overwhelming post-splenectomy infection,” a rapidly developing septicaemia which can result when an asplenic individual is exposed to certain encapsulated bacteria such as Streptococcus pneumoniae, Neisseria meningitidis, or Haemophilus influenzae. These pathogens pose minimal risk to healthy and non-immunocompromised persons with fully functioning spleens.

"The Brain Injury Association of Georgia gratefully acknowledges Ragland & Jones, LLP for its contributions to the community of survivors of traumatic brain injury. Ragland & Jones, LLP is generously “giving back” to the brain injury community by donating money which will enable BIAG to continue its ongoing mission to provide help and services to the TBI community."

Daniel A. Ragland Seriously Outstanding only 5% selected each year visit superlawyers.com

Evan W. Jones Seriously Outstanding only 5% selected each year visit superlawyers.com

Attorneys Daniel A. Ragland and Evan W. Jones are the founding partners of Ragland & Jones, LLP, a civil trial law firm focusing on severe injury and wrongful death litigation. Both attorneys are “Champion” members of the Georgia Trial Lawyers Association, and they each have achieved the conveted AV® Peer Review Rating from Martindale Hubbell. Mr. Ragland and Mr. Jones have a combined 35 years of experience representing Plaintiffs in serious injury and wrongful death cases throughout all parts of Georgia including Atlanta, Douglasville, Macon, Columbus, LaGrange, Albany, Athens, Rome, Griffin, Toccoa, and Savannah. In addition to having particular expertise in the field of medical malpractice, Daniel A. Ragland and Evan W. Jones regularly handle cases involving trucking accidents, lawsuits against drunk drivers, negligent service of alcohol (dramshop liability), nursing home neglect, defective machines or unsafe drugs (product liability), and food contamination resulting in food-borne illnesses. The law offices of Ragland & Jones, LLP are located in Atlanta near Perimeter Mall (I-285 and Ashford Dunwoody Rd.)

For nearly 20 years, Daniel Ragland has focused upon severe injury and wrongful death litigation in Atlanta, Columbus, Athens, Macon, Dalton and many other parts of Georgia. He has particular expertise in handling cases involving medical malpractice, products liability, inadequate security, drunk drivers, dramshop liability, and food contamination outbreaks. He has handled cases in Tennessee, Alabama, South Carolina, Florida and throughout all areas of Georgia. Ragland & Jones, LLP has its offices in Atlanta, Georgia, and Mr. Ragland can be contacted by telephone at (770) 407-7300 or by e-mail at dragland@raglandjones.com.