Georgia law declares “communications between [a] psychiatrist and patient” privileged and therefore excluded as evidence in a civil proceeding. But what happens when the patient is deceased and his heirs have reason to believe the psychiatrist may be responsible? A divided Georgia Supreme Court recently addressed that question. Cooksey v.…
Marietta Injury Lawyer Blog
Insurer Liable for Ambiguously Worded Golf Cart Exclusion
Not all motor vehicle accidents involve cars or trucks. Even the misuse of something like a golf cart may give rise to a personal injury lawsuit. And as with any accident litigation, the roles and responsibilities of the insurance companies may prove critical. Golf Cart Accident For example, the Georgia…
Appeals Court Holds 13-Year-Old Child Responsible for His Own Burn Injuries
In a June 19 decision, the Georgia Court of Appeals awarded summary judgment to the defendants in a personal injury lawsuit arising from serious burn injuries suffered by a 13-year-old child. The Court of Appeals, reversing a trial judge’s earlier decision, said the child had assumed the risk of standing…
Appeals Court Finds Auto Insurance Waiver Inadequate
In a June 11 decision, the Georgia Court of Appeals reversed a trial court’s judgment in favor of an auto insurer that sought to deny uninsured motorist coverage to an insured accident victim. The appeals court addressed the conditions by which an insurer may apply a “named driver exclusion” clause.…
Auto Insurer May Be Liable for Alleged Forgery by Agent
On June 5, the Georgia Court of Appeals issued an important decision in a dispute between an accident victim and his insurance company over whether his policy covered uninsured and underinsured motorist damage. The case centered on the victim’s allegation that the insurance agent that sold him the policy illegally…
Appeals Court Holds Drug Manufacturers Not Liable for Patient’s Skin Cancer
Prescription drugs often produce significant negative side effects in patients. But under Georgia law, the burden is generally on the prescribing physician, not the drug’s manufacturer, to warn patients of any risks. The Georgia courts refer to this as the “learned intermediary” rule. The manufacturer still has a duty to…
Stores Not Liable for “Rainy Day” Slip-and-Fall Accidents
A business owner has a duty under Georgia law to exercise “ordinary care” in maintaining a safe premises for customers. This does not mean a business owner is liable for any and all safety hazards on the premises. Rather, it means an owner who has “superior knowledge” of a hazard…
Federal Government Report Highlights Danger to Children of Using All-Terrain Vehicles
Not all motor vehicle accidents include an automobile or truck. Off-road or all-terrain vehicles (ATVs) are involved of hundreds of accidents and fatalities each year. The staff of the U.S. Consumer Product Safety Commission (CPSC) recently released a report on ATV accidents that took place between 1982 and 2012. The…
Georgia Appeals Court Says Police Officer May Be Liable for K-9 Attack on Child
According to the American Humane Association, nearly 50% of dog attacks in the United States each year involve children under the age of 12. Bite rates tend to be higher for younger children. Young boys are also more susceptible to dog bites than girls. Georgia law holds the owner of…
Georgia Appeals Court Reinstates Wrongful Death Lawsuit Arising from Illegally Parked Trailer
In a personal injury or wrongful death lawsuit, it is not enough to show the defendant was at fault for the plaintiff’s injuries. Under Georgia law, a plaintiff cannot recover damages if he or she is “50 percent or more responsible” for the injuries suffered. The question of responsibility is…