Court Decisions

Store Owner Not Liable for Hazard Created by Child Running in the Aisles

October 27, 2014 | Benjamin S. Persons, IV

What is the liability of a store owner for a potential tort committed by members of the public? The Georgia Court of Appeals recently addressed this question. The case involved a woman who claimed she was injured as the result of a collision with an unsupervised child.

Ingles Markets, Inc. v. Carroll

According to the plaintiff, she visited a grocery store in Villa Roca, Georgia, one afternoon in February 2012. As she walked down a store aisle, the plaintiff said a boy—about 11- or 12-years old—ran down the aisle, knocked into her, and caused her to fall. The plaintiff then filed a personal injury lawsuit against the child’s parents and the store.

Georgia Supreme Court Dismisses Lawsuit Against State College Over a Technicality

October 20, 2014 | Benjamin S. Persons, IV

The Georgia Supreme Court recently dismissed a personal injury lawsuit brought by a woman who fell into a pothole in a parking lot. The woman sued the property owner for maintaining unsafe conditions in the parking lot. In this case, the property owner was Dalton State College, part of the University System of Georgia. As the named defendant, the Board of Regents of the University System of Georgia is immune from civil lawsuits unless certain conditions specified by Georgia law are met. Unfortunately, the Supreme Court found the plaintiff failed to meet one of those technical conditions.

Board of Regents v. Myers

There was no question the woman suffered serious injuries. After falling in the pothole at Dalton State’s parking lot, she required emergency treatment, extended orthopedic care, and several months of physical therapy. While still receiving treatment, the woman notified the Board of Regents of her intention to sue. Georgia law requires such notice be given in order to effect a waiver of the Board’s sovereign immunity.

Georgia Court Reinstates Auto Accident Lawsuit Despite Plaintiffs’ Missing Filing Deadline

October 10, 2014 | Benjamin S. Persons, IV

It is always important in a personal injury case to present evidence in a timely manner. When one party files a motion or other pleading, the other party must file a response within a stated time limit. In particular, a plaintiff’s failure to meet any deadline may lead to dismissal of his or her lawsuit.

Hall v. Massally

Missing a deadline does not always mean the case is lost. Here is a recent example from the Georgia Court of Appeals. This case arose from a two-car accident. The driver and passengers of one vehicle sued the drive of the other vehicle. In a pretrial deposition, the driver of the plaintiffs’ vehicle testified he turned into what he believed to be an open right-hand lane. But as his car moved into the lane, there was a collision with the defendant’s vehicle. The plaintiff said the two vehicles interlocked and the defendant’s vehicle dragged his car about 20 to 30 feet across a median. After the two vehicles separated, he testified the defendant’s car continued to move “at a high rate of speed” for at least another 75 feet. The plaintiff concluded, based on his observations, that the defendant was driving well over the legal speed limit, “about ninety” miles per hour.

Georgia Appeals Court Orders New Trial in Personal Injury Case Where Defendant Admitted Liability

October 4, 2014 | Benjamin S. Persons, IV

Personal injury litigation is often complicated, but there are some simple rules that everyone should understand. For example, when a lawsuit enters pre-trial discovery, each party may serve written requests for admission on the opposing party or parties. Oftentimes, requests for admission simply help establish basic facts about a case—e.g., “The defendant was driving a red Honda Accord.” The other party can file a written response admitting or denying each request. But if a party declines to file a response within a specified time period, either 30 or 45 days under Georgia law, then the statement is deemed admitted by the non-responsive party.

Vis v. Harris

Here is a recent case where requests for admission played a critical role. This is a slip-and-fall case. The plaintiff said she was injured when she tripped on a defective piece of carpet at an Atlanta hotel. She named a hotel employee, the hotel’s owner, and its management company as defendants.

Woman Ordered to Repay Employer $130,000 for Post-Accident Medical Care

September 27, 2014 | Benjamin S. Persons, IV

While it always important for the victim of a car accident to receive compensation for medical care and other injuries, it is equally imperative to obtain such compensation in a legal and equitable manner. A car accident is not an excuse to commit fraud. The Atlanta-based U.S. 11th Circuit Court of Appeals recently addressed a case on this point.

AirTran Airways, Inc. v. Elem

This case began with a 2007 car accident. The victim sustained injuries and received medical care, which her employer initially paid for under its self-funded employee benefit plan. In accepting her employer’s medical benefits—totaling more than $130,000—she agreed to repay the company out of any proceeds she might subsequently receive from legal action against the driver of the second vehicle involved in the accident. In plain terms, the employer held a priority claim over any future legal settlement.

Atlanta Appeals Court Finds Automaker Not Responsible for Fatal Accident

September 19, 2014 | Benjamin S. Persons, IV

On September 12, the U.S. Eleventh Circuit Court of Appeals in Atlanta declined to revive a personal injury lawsuit brought by a woman whose daughter died in an automobile accident. The plaintiff was administrator of her daughter’s estate, and she brought a lawsuit against the manufacturer of her daughter’s car. Both a Georgia trial judge and the Court of Appeals said the plaintiff failed to present sufficient evidence to support her claims.

Hughes v. Kia Motors Corporation

Although this case was contested in Georgia courts, the actual accident occurred in Tennessee. In May 2005, the victim drove her Kia Optima automobile out of a restaurant parking lot in Chattanooga. While executing a turn, a Mack truck struck her car. The impact caused the Kia to collide with two parked cars, a tree, and several other objects, before coming to a stop near a private residence. Emergency personnel recovered the victim from the vehicle and transported her to a local hospital. She was initially breathing and responsive following the accident, but died of a traumatic brain injury the next day.

Appeals Court Rules Atlanta Police’s High-Speed Chase is Not a Public “Nuisance”

September 12, 2014 | Benjamin S. Persons, IV

High-speed police chases may look exciting on the local news, but they often have deadly consequences for innocent bystanders. In many cases, police and local officials are held blameless by the courts due to the doctrine of sovereign immunity. Recently, the Georgia Court of Appeals elaborated on the standards required for holding police accountable (or not accountable) in such cases.

City of Atlanta v. McCrary

In early 2008, two Atlanta police officers attempted to stop a vehicle with improper tags. The driver sped away, and the officers pursued the vehicle. There is some dispute over what happened next. The officers said they broke off pursuit after determining a continued chase would violate Atlanta Police Department regulations. The driver, in contrast, said he “never lost sight of the police” and continued to evade them. In any event, the driver eventually collided with a third vehicle, killing the passenger in his vehicle as well as the driver of the other car.

Federal Court Asks Georgia Justices to Address Scope of Uninsured Motorist Benefits

September 5, 2014 | Benjamin S. Persons, IV

On September 3, a federal appeals court asked the Georgia Supreme Court to clarify whether an insurance company must pay out “uninsured motorist” (UM) benefits for an accident caused by an agent of the State of Georgia. The question arose from a federal judge’s ruling last December holding an insurer liable under such circumstances. The appeals court delayed considering the insurer’s appeal pending the Georgia Supreme Court’s clarification.

FCCI Insurance Company v. McLendon Enterprises, Inc.

This case began with a traffic accident. The plaintiffs are the driver and owner of a vehicle that collided with a school bus owned by Evans County, Georgia. After settling with Evans County for the maximum limit of its insurance policy, the plaintiffs sought uninsured motorist benefits from their own insurer, FCCI. FCCI balked, and asked a federal judge to declare it owed nothing to the plaintiffs.

Appeals Court Finds “Passenger” Was Not Really a Passenger

August 29, 2014 | Benjamin S. Persons, IV

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 in most negligence cases, where an owner need only demonstrate “ordinary care” in keeping his or her premises safe.

Recently, a divided Georgia Court of Appeals addressed the applicability of the “extraordinary diligence” standard in the case of a ticketed passenger who tripped and fell on her way to board a bus. A majority of the court found she was not actually a passenger at that point, and therefore could only pursue a claim under the “ordinary care” standard for premises liability—which, unfortunately, was not available to her because of procedural issues.

DeMott v. Old Town Trolley Tours of Savannah, Inc.

Appeals Court Says Insurer Not Liable for Atlanta Driver’s Shooting Rampage

August 22, 2014 | Benjamin S. Persons, IV

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 plaintiffs and defendants reside in different states—a federal court may hear the case.

However, state law still applies to personal injury lawsuits, even those tried before a federal judge and jury. That still may raise the question of which state law to apply in a given situation. Recently, a federal appeals court in Atlanta addressed just such a complex matter.

Travelers Property Casualty Company of America v. Moore