Court Decisions

Atlanta Court Orders Hearing to Determine Whether Juror Bias Tainted $7 Million Bus Accident Verdict

October 23, 2020 | Benjamin S. Persons, IV

In any civil trial, both sides have the right to have their case heard by an impartial jury. As you may know, before any trial begins, the attorneys for both sides have an opportunity to question potential jurors–a process known as voir dire–and challenge any juror whose impartiality may be reasonably questioned.

What happens if the jurors lie or omit potentially critical information regarding their background? Does their participation in the final verdict taint the outcome? Can the losing side ask for a new trial based on the assumption they would have challenged the juror for cause had they known the whole truth?

Torres v. First Transit, Inc.

Federal Judges Ask Georgia Supreme Court to Resolve Questions Regarding “Bad Faith” Insurance Laws

October 9, 2020 | Benjamin S. Persons, IV

When an auto insurer unreasonably refuses to settle a personal injury claim against one of its policyholders, the policyholder can turn around and sue the insurance company for acting in “bad faith.” If successful, a bad-faith lawsuit can mean the insurer is liable for the full amount of any judgment that the accident victim obtained against the policyholder.

Whiteide v. Geico Indemnity Company

A federal appeals court recently asked the Georgia Supreme Court to resolve a number of legal questions arising from a successful bad-faith coverage lawsuit. The case was tried before a jury in federal court following Georgia state law. In situations like this, a federal court may opt to “certify” unresolved legal questions to the state’s supreme court before proceeding further.

Georgia Court of Appeals Allows Anti-Gang Activity Lawsuit to Proceed

April 17, 2020 | Benjamin S. Persons, IV

In the 1990s, the General Assembly adopted the Georgia Street Gang Terrorism and Prevention Act (GSGTPA). This law gives prosecutors and local governments powerful tools to address “criminal gang activity” in their jurisdictions. The Act also permits victims of gang violence to file personal injury lawsuits for triple damages. The law does not specify the particular types of lawsuits that can be filed, or even who the possible defendants must be, only that the “finder of fact”–i.e., a jury–must first decide if the plaintiff’s action is “consistent with the intent of the General Assembly” when it adopted the GSGTPA.

Star Residential, LLC v. Hernandez

The Georgia Court of Appeals recently addressed the application of the GSGTPA to a personal injury lawsuit, Star Residential, LLC v. Hernandez, brought by a man against the owner and operator of his apartment complex. Specifically, the plaintiff said he was “shot from behind in an unprovoked attack and robbery” committed by three unidentified men. The plaintiff was paralyzed as a result of his gunshot injuries.

Federal Court Rejects Law Students’ Class Action Over Misreported Bar Exam Results

January 31, 2020 | Benjamin S. Persons, IV

Tort law is designed to compensate individuals who suffer some form of personal injury. Tort law is separate from contract law. That is to say, a tort injury arises out of some general legal duty that the defendant owed to the plaintiff, while a contract injury is based on the terms of the contract itself.

In Georgia the courts enforce what is known as the “economic loss rule.” This rule basically states that parties to a contract typically cannot file personal injury lawsuits against one another, “except in cases where the party would have a right of action for the injury done independently of the contract.” More broadly, Georgia does not allow a party to recover “purely economic losses” in a personal injury claim, regardless of whether or not a contractual relationship existed between the plaintiff and the defendant.

Murray v. ILG Technologies, LLC

Georgia Supreme Court Rules County Employees Immune from Suit in Fatal Dog Attack Case

February 28, 2019 | Benjamin S. Persons, IV

Personal injury claims against Georgia state officials are subject to a special set of constitutional and statutory rules. According to the Georgia Constitution, the General Assembly “may waive the state’s sovereign immunity” by law in cases in which an individual employee negligently injures someone. But “except as specifically provided” by such a waiver, the Constitution says, no public employee can be held liable for “the performance or nonperformance of their official functions.”

What does this mean, practically speaking? Basically, you can not sue an employee for exercising his or her own discretion in the performance of a job. You can, however, sue an employee who fails to carry out a legally mandated (or “ministerial”) task.

Wyno v. Lowndes County

Georgia Quail Preserve Not Liable for “Controlled Burn” That May Have Led to Truck Accident

October 12, 2018 | Benjamin S. Persons, IV

Although you might think negligence is a matter of “common sense,” the law is often not so simple. There are many situations in which a defendant who you might assume is negligent can still avoid liability due to a particular state law. Such exceptions unfortunately may leave victims with little or no recourse to seek damages.

Patton v. Cumberland Corporation

A recent decision by the Georgia Court of Appeals illustrates how one of these special legal exceptions work in practice. This case involves a single-vehicle truck accident. The plaintiff was riding in a truck with another man when it hit a fallen power cable. Although the driver tried to avoid the cable, the wire “caught the rear of the truck, lifting it 18 inches or more off the ground,” according to court records.

Court of Appeals Affirms $2M Car Accident Award to Injured High Jumper

July 6, 2018 | Benjamin S. Persons, IV

An often under-appreciated category of damages in personal injury cases is the victim’s loss of future earnings. Also referred to as “diminished earning capacity,” this basically covers the amount of money the victim would have earned during the remainder of his or her lifetime but-for the injury caused by the negligent defendant. Obviously, loss of future earnings will vary depending on the victim. In some cases, it may not be possible to calculate these damages without the assistance of expert witnesses.

Lee v. Smith

Consider this recent case from the Georgia Court of Appeals. The underlying lawsuit involves a car accident. The plaintiff alleged the defendant’s negligence caused the accident. The defendant conceded liability but contested the amount of damages.

Does Workers’ Compensation “Offset” a Georgia Uninsured Motorist Carrier’s Liability for a Car Accident?

October 6, 2017 | Benjamin S. Persons, IV

Uninsured motorist (UM) coverage provides valuable protections for Georgia residents who are injured in a car accident caused by a driver who either failed to purchase insurance–in violation of the law–or lacks sufficient coverage to fully compensate the victims for their losses. All Georgia insurers are required to offer UM coverage and must adhere to certain restrictions contained in state law. Even if a customer agrees to the terms of a UM policy that conflicts with state law, that does not override the law, nor does it permit an insurer to escape liability.

Georgia Farm Bureau Mutual Insurance Company v. Rockefeller

Consider this recent decision by the Georgia Court of Appeals. This case involves a UM policy held by the the defendant, who was injured in a two-car accident with another driver. The defendant said the other driver caused the accident and filed a personal injury lawsuit against him in Georgia state court. Because the defendant had reason to believe the driver was “underinsured,” he also served his UM carrier, the plaintiff in the present case.

Georgia Landlord Not Responsible for Deck Collapse at Party

March 31, 2017 | Benjamin S. Persons, IV

Property owners are liable for injuries caused by their failure to correct or repair dangerous conditions. But what if the owner has rented or leased the property to someone else? Under Georgia law, an owner who has “fully parted with possession” (i.e., a landlord) is not liable for injuries sustained by third parties on the premises.

There are two exceptions to this rule. First, the landlord is liable if the injury was the result of “defective construction.” Additionally, the landlord is responsible for his or her own “failure to keep the premises in repair.”

Aldredge v. Byrd, et al.

Company Insurer Liable for Drunk Driving Employee’s Accident

February 22, 2017 | Benjamin S. Persons, IV

If a reckless driver injures someone in a car accident, the driver may not be the only person liable for damages. If the driver was operating a vehicle owned by his or her employer, the employer may be vicariously liable for the victim’s injuries. If the employer had the vehicle insured, the insurance company may bear the ultimate financial responsibility.

Great American Alliance Insurance Co. v. Anderson

Of course, insurance companies often will not pay out without a fight. With respect to automobile insurance, policies often exclude coverage for employer-owned vehicles that are not used with the employer’s permission. What precisely constitutes “permission” can be difficult to determine.