Marietta & Cobb County

Georgia Supreme Court Dismisses Malpractice Lawsuit Against ER Supervisor

December 7, 2013 | Benjamin S. Persons, IV

Is an emergency room supervisor responsible for the malpractice of medical staff under his supervision? The Georgia Supreme Court recently looked at such a case and answered “no.” The justices unanimously reversed a Court of Appeals decision that would have allowed a woman to pursue a professional negligence case against a physician she claimed was partly responsible for her mother’s death.

Herrington v. Gaulden

In October 2008, 64-year-old Deloris Gaulden was admitted to Liberty Regional Medical Center in Hinesville. Gaulden had fainted while attending church and complained of tightness in her chest. Despite these symptoms, emergency department personnel did not perform certain routine procedures–i.e., giving Gaulden aspiring or running an EKG–until about an hour after her admittance. Approximately 90 minutes after her arrival, Gaulden suffered cardiac and respiratory arrest and died.

Cobb County Jury Returns Record $40 Million Dollar Verdict for Husband’s Wrongful Death and Widow’s Personal Injuries

September 28, 2011 | Benjamin S. Persons, IV

As a Marietta Trucking Lawyer, I’m always interested in significant Cobb County trials involving tractor trailer collisions. On Thursday I watched closing arguments in the case of Theresa Foster v. Landstar Ranger, Inc. et al. The case was filed by a Blakely, Georgia woman seeking to hold a Florida trucking company accountable for a 2007 collision that killed her husband, William Foster, killed a friend, Jay Demont, and caused her serious personal injuries. The evidence presented by the widow’s lawyers was compelling. As I left the Courthouse that evening, I felt fairly confident the jury would return a large eight figure verdict, but then you never know. On Friday the jury reached a verdict, awarding $40 million to Mrs. Foster, thought to be a record in a Georgia wrongful death case.
The driver of the Landstar 18-wheeler, Stephen Collins, ran a stop sign and collided with the Foster’s vehicle on February 11, 2007 while they were on a hunting trip in the southwest Georgia town of Blakely. Mrs. Foster’s lawyers presented evidence that Mr. Collins ignored 10 indications that he was approaching a stop sign, including rumble strips, lights, and signs. At the time of the accident, Collins was transporting a cargo of rubber pellets that caused the weight of his 18-wheeler to be over 77,000 pounds when it crashed into Mr. Foster’s 2002 Ford F-150. Both Foster and Demott were riding in the front seat of the truck, while Mrs. Foster who suffered broken ribs and a fractured vertebra was the lone back seat passenger.

In Georgia, if a trucking company kills someone, they are responsible for the value of that person’s life as well as the lost earning capacity of that person. Mr. Foster was a large wage earner and a successful businessman. Mrs. Foster’s lawyers presented a thorough economic analysis, supported by testimony of expert economists, accountants, and Mr. Foster’s business partners, that Mr. Foster’s lost earning capacity exceeded $43 million dollars. Landstar’s lawyers argued that the number was too high, but failed to present any evidence supporting a different number. From my point of view, it appeared the defense strategy was to sit back and rely on the reputation of Cobb County juries to deliver low verdicts.

At Church on Sunday I was asked a good question. “If a Florida corporation killed a Blakely, Georgia man in Blakely, why did the case get tried in Cobb County?” The answer surprised them, in Georgia cases are tried where the Defendant lives. Corporations “live” wherever they choose to have a registered agent. Ironically, Landstar Ranger, Inc. choose to set up their registered agent in Cobb County, because of our County’s reputation for very low verdicts. They figured if they ever killed anyone with a tractor-trailer they would get to pay less if the case was tried in Cobb County. However, from my experience as a Cobb County Personal Injury Lawyer, this perception is outdated. More often than not, Cobb County juries do the right thing and reach verdicts based on the evidence, whether that means a large or small verdict.

Cobb County Jury Awards $1.1 Million Dollar Verdict for 77-Year-Old Woman’s Serious Injuries Caused by Negligent Repair of Recalled Auto

September 3, 2010 | Benjamin S. Persons, IV

This week a Cobb County jury awarded, 77 year old, Ramona Roper a $1.1 Million dollar verdict for the shattered pelvis injury she suffered from a dangerous and defective vehicle. Ramona worked full time as the City Clerk for the City of Jasper for 30 years. She lived on her own and had a very active lifestyle before the incident.

The case involved a 1994 Dodge Intrepid. It had a defective gear shift assembly which caused it to move out of park when the keys were out of the ignition. Chrysler recalled the Intrepid in 2004. Ramona took the car into Jasper Jeep to have the recall work done on three separate occasions between 2004 and 2007. The first two times the recall part was not in. The third time, the Jasper Jeep technician did not perform the recall work properly.

Shortly after the negligent repairs, Ramona was dropping off some food for her grandchildren when the incident occurred. Her three year old granddaughter reached into the center console of the car to pick up a drink and put her hand on the gear shifter causing it to shift out of park. Ramona’s driver side door knocked her over and the car ran her over. Had the repairs been performed correctly this incident would have been prevented. She suffered numerous fractures to her pelvis, was hospitalized for a week and was in a nursing home for approximately 6 weeks for recovery.

Georgia Legal Legend George T. Smith Dies at 93

August 24, 2010 | Benjamin S. Persons, IV

Last night the Cobb County Bar and State Bar of Georgia lost a true legal legend, George T. Smith. He was one of the first lawyers to welcome me to the bar when I arrived in Marietta as a baby lawyer, over a decade ago. George T. was in his early 80s then and an active member of the bar. He was humble, pleasant, and sharp as a razor.

Known as one of the most versatile men in Georgia politics, George T. had one of the most impressive legal resumes imaginable having served at the highest levels of all three branches of government; Georgia Supreme Court Justice, former Speaker of the Georgia House of Representatives, and Lieutenant Governor. He died last night at age 93. According to his law partner, Tom Browning, George T. was still practicing law until six weeks ago and last year he tried a jury trial. He truly was an inspiring figure.

Attorney Ben Persons Receives 10 out of 10 Superb AVVO Rating

August 1, 2010 | Benjamin S. Persons, IV

Avvo is a leading lawyer rating website that rates and profiles lawyers in every state to help consumers evaluate and select an excellent lawyer for their needs. The primary focus of Avvo’s ratings are 1) Experience, 2) Industry Recognition, and 3) Professional Conduct. Recently, they have given Persons Firm attorney, Ben Persons, Avvo’s highest possible endorsement 10 out of 10, Superb. The Persons Firm is proud to congratulate Ben Persons on this prestigious achievement.

Crime Stoppers Tip Leads to Capture in Fatal Hit and Run Incident

July 27, 2010 | Benjamin S. Persons, IV

Atlanta has seen a flood of wrongful death and catastrophic injuries caused by hit and run drivers this summer. Numerous metro area police departments are pursuing active hit and run investigations. This week DeKalb county caught the man believed to be responsible for the fatal hit and run collision on Flat Shoals road June 12, 2010. The man charged with vehicular homicide is a Cobb County school administrator and WSBTV has the full story.

According to police investigators, a Crime Stoppers tip led to the accused’s arrest in this case. It is good to see the victim’s family get justice thanks to programs like Crime Stoppers. The program works. If you have information about a hit and run incident or other crime you can call Crime Stoppers at (404) 577-TIPS, (404) 577-8477.

The Persons Firm Welcomes New Baby, Oliver Samuel Persons

July 25, 2010 | Benjamin S. Persons, IV

On June 21st, the Persons family was blessed with our third child, Oliver Samuel. Fatherhood has once again become a wonderful distraction. As you can tell, blogging has taken a back seat to rocking the baby and I haven’t written an article in weeks. Now you know why. Here is a picture of baby Oliver, the newest love of my life.

Congratulations to Ben Persons on Being Named Secretary of the Cobb County Trial Lawyers Association for 2010

May 12, 2010 | Benjamin S. Persons, IV

Today the Cobb County Trial Lawyers Association named it’s new slate of officers for 2010. The Persons Firm, LLC is pleased to announce our managing partner, Ben Persons, was named Secretary for 2010. Also elected into leadership positions were Randy Rogers (President) and Aaron Strimban (Treasurer).

“The Cobb County Trial Lawyers Association is made up of some of the most respected, accomplished, and skilled trial lawyers in the country. I am honored to be elected to a leadership position by such a distinguished membership. I look forward to serving as Secretary in 2010” stated Mr. Persons.

The Cobb County Trial Lawyers Association is a section of the Cobb County Bar Association and a local affiliate of the Georgia Trial Lawyers Association, and is dedicated to promoting civil justice and protecting the constitutional right to trial by jury.

Editorial on Georgia’s Medical Malpractice Tort Reform

March 29, 2010 | Benjamin S. Persons, IV

With the Supreme Court of Georgia’s recent monumental decision on medical malpractice damages caps, the tort reform debate is back in the news. As a Marietta Medical Malpractice Lawyer, when I saw that Joe Kirby (Editor of the Editorial Page of the Marietta Daily Journal) had written an article on medical malpractice damages caps, I was curious to see what his take on the issue would be. The MDJ’s Editoral Page has a long standing reputation as a respected conservative voice for Metro Atlanta.

Mr. Kirby’s article on med mal tort reform is a refreshing look at the issue without a political bias. If you are interested in learning more about the practical effect of tort reform I recommend you read this MDJ article.

American Red Cross Does Amazing Work Right Here in Cobb County

March 7, 2010 | Benjamin S. Persons, IV

Most of us are familiar with the heroic efforts of the American Red Cross in responding to catastrophic disasters across the world. When earthquakes hit, we know the Red Cross will be there shortly to protect life and alleviate human suffering. However, the Red Cross doesn’t get nearly enough publicity for their amazing humanitarian efforts in our community.

In September of last year, the Atlanta metro area experienced the worst flood in over 100 years. More than 60 roads were washed out and even major interstates were shut down. Families in 23 counties were displaced by the rising waters. Many died, thousands were in need. The Atlanta chapter of the ARC was on the ground helping displaced families, with food, water, clothing, and shelter, before the Governor had even declared a state of emergency. Cobb County was one of the hardest hit and the American Red Cross transformed the Cobb Civic Center into refuge of hope for hundreds of flood victims. The Red Cross literally saved the day right here in our community.

If you would like to donate to American Red Cross Disaster Relief, please click on the American Red Cross banner on the bottom right hand side of the page.