A “common carrier” is a person or company that furnishes transportation to the general public in exchange for money. Georgia law requires all common carriers, such as bus operators, to “exercise extraordinary diligence” to protect its passengers in order to avoid liability for negligence. This is a higher standard than applies…
Marietta Injury Lawyer Blog
Appeals Court Says Insurer Not Liable for Atlanta Driver’s Shooting Rampage
While a traffic accident may occur entirely within one state, the insurance policies applicable to the vehicles and their owners may invoke the laws of two or more jurisdictions. This is why federal courts often handle personal injury lawsuits. Where there is “diversity” of jurisdiction between the parties—that is, the…
Federal Judge Chides Defense for Destroying Evidence in Accident Lawsuit
In any personal injury lawsuit, it is critical the parties to the case preserve any relevant evidence. A court may sanction either side if there is destruction or “spoliation” of evidence. A recent decision by a federal judge in Macon offers an example of these sanctions in practice. Little v.…
Federal Court Holds Medical Interest Groups Should Not Dictate Admissibility of Expert Testimony
Expert testimony is a critical element of medical negligence cases. The United States Supreme Court has charged trial judges with serving as “gatekeepers” who must screen out “speculative, unreliable expert testimony” before it even reaches a jury. But that does not mean judges enjoy unlimited discretion to decide which experts…
Georgia Court of Appeals Says Accident Victim May Pursue Damages Arising from Emotional Trauma
On July 16, a fractured Georgia Court of Appeals held a plaintiff could seek damages for emotional distress arising from a truck accident. Although Georgia law generally does not allow damages for “negligent infliction of emotional distress,” there is an exception for a “pecuniary loss” arising from physical injury. In…
Georgia Supreme Court Upholds Accident Victim’s Right to Seek “Uninsured Motorist” Compensation
The Supreme Court of Georgia issued an important decision on July 11 that will make it easier for accident victims to pursue uninsured motorist claims against their insurance carriers. The Supreme Court, reversing a 2013 decision by the Georgia Court of Appeals, said a plaintiff could allocate part of a…
Georgia Court Says Defendant Cannot Fault Plaintiff’s Employer in Accident Lawsuit
If you are in an accident, and you sue the other driver for negligence, can the other driver turn around and argue your employer—who is not a party to the lawsuit—was partially to blame for letting you drive its car? That was the unusual question presented to the Georgia Court…
Georgia Court Revives Pastor’s “Slip-and-Fall” Lawsuit Against Church
Under Georgia law, the owner of a premises is liable for any injuries arising from a failure to “exercise ordinary care” in keeping said premises safe. A recent decision from the Georgia Court of Appeals illustrates how this duty is applied in “slip-and-fall” cases where there is an alleged hazard…
“Sovereign Immunity” Won’t Let State Off the Hook for Faulty Road Design
On July 10, the Georgia Court of Appeals ruled a lawsuit against the state’s Department of Transportation (DOT) could go forward. The lawsuit arose from a deadly accident at a recently redesigned road in Atlanta. The DOT argued it could not be held liable under the doctrine of “sovereign immunity,”…
Appeals Court Clarifies Definition of “Emergency Department” in Malpractice Cases
Under Georgia law, an emergency room doctor (or other emergency health care provider) is not liable for malpractice unless there is “clear and convincing evidence” of “gross negligence.” This rule only applies when a patient is treated in “an emergency department” or taken to surgery from an emergency department. But…