Personal Injury

Ga. Court of Appeals Revives Excessive Hospital Lien Class Action

September 27, 2019 | Benjamin S. Persons, IV

Following a serious auto accident, many victims are surprised to learn their medical providers may place a lien against any potential personal injury lawsuit they might file in connection with their injuries. Such “hospital liens” are permitted under Georgia law. There are limits to how far hospitals can go with such liens, as illustrated by a recent decision from the Georgia Court of Appeals.

Clouthier v. Medical Center of Georgia, Inc.

In Clouthier v. Medical Center of Georgia, Inc., the plaintiff sued the hospital that treated him following an accident for fraud and negligent misrepresentation. According to the lawsuit, the plaintiff was “injured in a tractor-trailer collision in August 2016.” He was taken by ambulance from the accident scene to the defendant’s hospital.

Insurance Company Seeks to Limit Liability for Jeep Accident

September 20, 2019 | Benjamin S. Persons, IV

When you file a personal injury lawsuit against a negligent driving following an auto accident, in most cases this means you are really seeking compensation from the driver’s insurance company. Unfortunately, insurance companies are quite adept at asserting their own legal rights. This includes taking legal action to void a policy if they believe the policy holder–i.e., the negligent driver–did not strict comply with its terms.

American Family Insurance Company v. Almassud

A recent case before a federal judge in Atlanta, American Family Insurance Company v. Almassud, offers a cautionary example. This case involves a 2012 accident in Cumming, Georgia. The defendant was driving his Jeep. According to court records, the Jeep “veered into oncoming traffic and struck a vehicle driven” driven by a woman who sustained serious injuries.

Georgia Court Rejects Insurer’s Initial Attempt to Avoid Accident Coverage

September 13, 2019 | Benjamin S. Persons, IV

When it comes to personal injury lawsuits, many plaintiffs do not only need to contend with the negligent defendant. They also need to deal with the negligent defendant’s insurance company. Even where the insurer has a contractual duty to indemnify and defend a policyholder, you can rest assured that the company will make every legal effort to avoid providing coverage.

ACCC Insurance Company v. Walker

Take this ongoing lawsuit, ACCC Insurance Company of Georgia v. Walker. This case involves a 2015 auto accident. The defendant was one of the parties involved in the accident. He subsequently filed a personal injury lawsuit against two men, who were insured by the plaintiff, ACCC Insurance.

Vicarious vs. Direct Liability: Holding Georgia Employers Accountable for their Employees’ Negligence

August 23, 2019 | Benjamin S. Persons, IV

When a car accident occurs, there may be more than one party who is liable for the victim’s injuries. For example, if the negligent driver was acting on behalf of an employer, the latter can be sued under a number of legal theories. Depending on the specific facts of the case–as well as the defendant employer’s response to the lawsuit–some of these theories may be unavailable to the victim.

Terry v. Old Hat Chimney, LLC

Take this recent decision from the Georgia Court of Appeals, Terry v. Old Hat Chimney, LLC. This case began with a rear-end auto accident that took place in July 2016. The plaintiff claims the other driver, one of the defendants, was liable for his injuries arising from said accident.

Court of Appeals Reinstates Truck Driver’s Lawsuit Against Parking Lot Over Criminal Assault

August 9, 2019 | Benjamin S. Persons, IV

Georgia property owners are required to exercise “ordinary care” in keeping their invited guests and members of the public safe. This does not mean the owner must absolutely guarantee a person’s safety. For example, under most circumstances the owner is not liable for a criminal act committed by a third party on its property. This is considered an “intervening” act that absolves the owner of any liability. However, there is an exception to this general rule when there is evidence that the criminal act itself was “reasonably foreseeable” by the owner.

Rautenberg v. Pope

A recent decision from the Georgia Court of Appeals, Rautenberg v. Pope, offers a useful explanation of when a crime may be considered “foreseeable.” The plaintiff in this case is a semi-truck driver. He rented a parking space for his truck from the defendant. One day, the plaintiff parked his truck in his space and retired to his sleeping cab. Sometime later, the plaintiff awoke to find “an individual at the window with a tool–a long pry bar or screwdriver.” The man quickly left. The plaintiff then exited his cab and found himself on the step of another truck that was parked beside his vehicle. The other man was driving this truck. He started to drive away–with the plaintiff “hanging on the side mirror.” Eventually, the plaintiff fell off the other truck, which proceeded to run him over twice.

4th of July Accident Leads to Lawsuit Against Fireworks Sellers

August 2, 2019 | Benjamin S. Persons, IV

Each year, many Georgians celebrate the 4th of July by purchasing and setting off their own fireworks despite the known safety risks. Unfortunately, this can lead to tragic outcomes. Not only is there is the potential for something to go wrong when setting off fireworks in an unsupervised environment–the mere act of transporting them can pose a risk to life and limb as well.

Pisciotti v. Abney

A recent lawsuit filed in Valdosta, Georgia federal court, Pisciotti v. Abney, offers just one example of what can go wrong. This case involves an accident that occurred on the 4th of July in 2017. Four teenagers were traveling in a Jeep through Hamilton County, Florida. The driver is one of the defendants in this case, while the victim was one of his passengers.

Judge: Insurance Company Did Not Act in “Bad Faith” by Asking Motorcycle Accident Victim to Place Settlement Funds in Escrow

July 26, 2019 | Benjamin S. Persons, IV

When a person is seriously injured in a motor vehicle accident, the responsible insurance company may face conflicting obligations under Georgia law. On the one hand, the insurer must settle a valid claim in good faith. For example, if an insurer knows its policyholder is responsible for causing an accident, a refusal to settle with the victim can make the insurer liable for any excess personal injury award against the negligent driver.

On the other hand, an insurer may also be responsible to any medical provider that files a lien after providing services to the accident victim. That is to say, if the insurer simply cuts a check to the victim without first checking to see if there are any hospital liens, the hospital could turn around and sue the insurer for the amount owed (plus additional damages).

Kemper v. Equity Insurance Company

Ga. Court of Appeals Upholds Multi-Million Dollar Verdict Against Suzuki for Motorcycle Accident

July 19, 2019 | Benjamin S. Persons, IV

Motorcycle accidents often leave the victim with devastating injuries. So, when the accident is even partially the result of a defect in the design or production of the motorcycle itself, the manufacturer may be liable for damages under Georgia law. However, a judge or jury may decide that the motorcyclist was also partially responsible and reduce the manufacturer’s liability accordingly.

Suzuki Motor of America, Inc. v. Johns

This is precisely what happened in a recent case before the Georgia Court of Appeals, Suzuki Motor of America, Inc. v. Johns. A jury determined that the manufacturer of a motorcycle was 51% responsible for an accident that injured the plaintiff. Both sides appealed the verdict for different reasons, but the appeals court declined to second-guess the jury.

Court of Appeals: Contractor Not Liable for Subcontractor’s Employee’s Fall From Ladder

July 12, 2019 | Benjamin S. Persons, IV

When it comes to personal injury claims, you should never make assumptions. For instance, even if you believe an accident was the result of a faulty piece of equipment, you still need to prove it in court. Do not assume the judge (or jury) will just take your word for it that “it must have been broken.”

Lakeshore Contracting, LLC v. Lopez-Hernandez

A recent decision from the Georgia Court of Appeals, Lakeshore Contracting, LLC v. Lopez-Hernandez, offers a useful illustration. This case involves an accident that occurred at a construction site. The defendant is a general contractor. In 2016, a customer hired the defendant to remodel a retail store. The defendant hired two subcontractors to perform the actual remodeling work. One of the subcontractors then hired the plaintiff to assist him.

Court of Appeals: No Such Thing as “Wrongful Birth” Claims in Georgia

July 5, 2019 | Benjamin S. Persons, IV

You probably have heard the term “wrongful death” in the context of personal injury law. Basically, this is a lawsuit that alleges a defendant’s negligence led to the death of the victim. The victim’s estate or heirs then have the legal right to seek damages from the responsible parties.

Some states also recognize a lesser-known type of claim referred to as “wrongful birth.” For example, if a doctor commits malpractice by failing to inform expectant parents of a serious genetic defect in their unborn child, the parents could bring a lawsuit arguing they would have aborted the fetus but-for the doctor’s negligence. The parents could then seek compensation to offset the additional costs of caring for their child.

Norman v. Xytex Corporation