Marietta Injury Lawyer Blog

Georgia Military Base Not Liable for Accident Caused by Defective Gate

December 20, 2019 | Benjamin S. Persons, IV

In a premises liability claim, an accident victim alleges that a property victim’s negligence caused his or her injury. Depending on the facts of the case, the property owner may raise one or more defenses, including what is known as “assumption of the risk.” Basically, this means that the evidence shows the plaintiff “had full knowledge” of the particular hazard that caused the injury, that the plaintiff “understood and appreciated” this risk, and that they “voluntarily chose to act” of their own free will knowing they might be injured.

Hoose v. United States

A recent decision from a federal judge in Macon, Hose v. United States, illustrates how assumption of the risk is applied by courts in practice. This case involved a personal injury lawsuit against the federal government. The plaintiff was making a delivery to Robins Air Force Base (RAFB). According to the plaintiff, he regularly made deliveries to the commissary at RAFB and was thus familiar with its layout.

Ga. Court of Appeals Upholds $1.15 Million Personal Injury Verdict Against Convenience Store

December 13, 2019 | Benjamin S. Persons, IV

In November 2015, two men stopped at an Atlanta gas station and convenience store. One man stepped out to get gas while the other was taking a nap in the front seat of the act. Shortly thereafter, a third man wearing a white hat confronted the man pumping the gas. This led to an exchange of gunfire. One of the bullets hit the second man in the car.

Khalia, Inc. v. Rosebud

The gunshot victim subsequently filed a personal injury lawsuit against the company that owned the convenience store. Evidence presented at trial indicated the store was a “well-known scene of illegal drug transactions” and, notably, at least “two incidents of prior gunplay.” Indeed, there had been another shooting at the same convenience store just three days before the incident that injured the plaintiff.

U.S. Postal Service Sued Over Harris County Accident

December 6, 2019 | Benjamin S. Persons, IV

Following most car accidents, the victim has the right to file a personal injury lawsuit against the negligent driver in state court. What happens when the negligent driver is an employee of the federal government acting in their official capacity? To put it another way, can you sue a federal worker for an auto accident the worker caused when he or she was on the job?

The short answer is no, you cannot sue the employee directly. The longer answer is that you can bring a personal injury claim against the United States government. Under a law known as the Federal Tort Claims Act (FTCA), the U.S. government waives its normal immunity from being sued in its own courts and effectively “steps into the shoes” of the negligent employee. The FTCA basically allows you to sue the federal government and recover damages under state personal injury law.

There are certain rules you must follow before bringing a lawsuit under the FTCA. Normally, you must first file an administrative claim with the federal agency that employed the negligent worker. This administrative claim must be filed within two years of the original accident or injury and include the exact amount of money you are seeking in damages.

When can You Directly Sue a Defendant’s Insurance Company for Accident Damages?

November 29, 2019 | Benjamin S. Persons, IV

In many successful personal injury cases, the defendant’s insurance company ends up paying most of the judgment. You might therefore think it would “save a step” just to sue the insurance company directly. In most cases, such “direct action” is not permitted under Georgia law. The legal theory behind this is that an insurance policy is a contract between the insurer and the insured, and the injured person is a third party who is not “privy” to this agreement.

However, Georgia law makes an exception to the prohibition on “direct action” when the insured party is a “motor carrier.” That is to say, if you are injured in an accident caused by a motor carrier, you may file directly sue both the carrier and its insurance company for damages.

Mitchell v. Dixie Transport, Inc.

Court of Appeals: Sunlight is Not an “Extraordinary and Unexpected” Driving Hazard

November 22, 2019 | Benjamin S. Persons, IV

Tort law is designed to remedy injuries caused by acts of man, as opposed to “acts of God.” Under Georgia law, this means that you cannot hold a defendant liable for “an accident produced by physical causes which are irresistible or inevitable, such as lightning, storms, perils of the sea, earthquakes, inundations, sudden death or illness.” In other words, if there is no “human agency” involved, there is no viable personal injury claim.

Head v. De Souse

But “act of God” does not mean a defendant can escape liability simply by pointing to a natural phenomenon that might have played some role in the accident. A recent decision from the Georgia Court of Appeals, Head v. De Souse, offers a helpful illustration of this point. In this case, a teenage driver attempted to dismiss a personal injury lawsuit based on the fact there was sun in her eyes at the time of the underlying accident.

Court of Appeals Revives Asbestos Lawsuit Against Gasket Manufacturer

November 15, 2019 | Benjamin S. Persons, IV

The dangers of asbestos have now been known for decades. Any exposure to asbestos fibers can lead to the development of mesothelioma, a deadly form of lung cancer, and other illnesses. In many cases, asbestos-related illnesses do not manifest symptoms until decades after the exposure.

Davis v. John Crane, Inc.

The Georgia Court of Appeals recently issued a decision in what is just the latest in a series of asbestos-related personal injury lawsuits. In Davis v. John Crane, Inc., the Court addressed a pair of related claims arising from the death of John F. Davis, a former worker at a fiberboard mill owned by Louisiana Pacific Corporation. As part of his job, David routinely “swept up dust and debris around the mill and assisted in the removal of gaskets on the mill’s boilers,” according to court records. This exposed Davis to a number of asbestos-containing parts.

Court of Appeals: Contractor Not Liable for Man’s Death Under Georgia’s “Open Well” Statute

November 8, 2019 | Benjamin S. Persons, IV

The Georgia Court of Appeals recently issued a decision, Handberry v. Manning Forestry Services, LLC, addressing an unusual personal injury claim. This case involved a man who died after falling into an abandoned well. The plaintiff, the victim’s widow, subsequently sued a number of defendants that she alleged were negligent in failing to address the hazard posed by the well prior to her husband’s death.

According to court records, the victim was driving a four-wheeler on private property with the permission of the owner. At some point, one of the four-wheeler’s tires “entered a well that was hidden by vegetation.” The vehicle overturned, throwing the victim into the well, where he sustained fatal injuries.

The defendants in this case included several companies that previously performed work on the property in question. The plaintiff based her claims on a specific Georgia statute, OCGA § 44-1-14, which deals with the “abatement of hazard” from an “abandoned well or hole.” In this context, an abandoned well is “any man-made opening on the surface of the earth which is 10 feet or more in depth and which has not been used for a period of 60 days.”

What Happens to a Personal Injury Lawsuit if the Plaintiff Files for Bankruptcy?

November 1, 2019 | Benjamin S. Persons, IV

There is always a risk in personal injury lawsuits that a defendant may file for bankruptcy protection. If successful, a bankruptcy can effectively discharge the defendant from any obligation to pay a monetary judgment owed to the plaintiff. But what about the reverse situation? What happens if the plaintiff files for bankruptcy before the personal injury lawsuit is resolved?

Courtland Properties I, LLC v. Collins

A recent decision from the Georgia Court of Appeals, Courtland Properties I, LLC v. Collins, helps to explain how the law works in this situation. In this case, a man was injured in a slip-and-fall accident at his apartment complex. He subsequently filed a personal injury lawsuit against the apartment’s owner, alleging its negligence in maintaining the property caused the accident.

How a Declaratory Judgment can Affect a Personal Injury Lawsuit

October 31, 2019 | Benjamin S. Persons, IV

When a car accident leads to a personal injury lawsuit, the defendant’s insurance company often plays a critical role. The insurer often takes the lead in providing the defendant with legal advice, and in many cases the insurer will work to try and settle a claim without the need for extensive litigation. On the other hand, if the insurer tries to disclaim coverage, that can lead to additional litigation regarding the insurer’s obligations.

United Specialty Insurance Co. v. Cardona-Rodriguez

Georgia has a state law known as the Declaratory Judgment Act. This law essentially permits an insurance company to file a separate lawsuit that asks a judge to clarify its obligations with respect to an insured defendant in a personal injury case. The declaratory judgment therefore serves to resolve any uncertainty or ambiguity in the interpretation of an insurance policy.

Georgia Supreme Court: Residential Lease Restriction Does Not Apply to Personal Injury Lawsuit Filed by Tenant Against Apartment Owner

October 25, 2019 | Benjamin S. Persons, IV

Last year we discussed a case where the Georgia Court of Appeals held that a residential lease between a landlord and tenant could be used to shorten the statute of limitations for filing a personal injury claim from two years to just one year. The plaintiff tenant subsequently asked the Supreme Court of Georgia to review that decision. The Supreme Court agreed to do so, and on October 21, it issued a decision reversing the Court of Appeals.

Langley v. MP Spring Lake, LLC

To briefly review the facts of this case, the plaintiff rented an apartment from the defendant. One day, the plaintiff fell in a common area of the apartment complex. She maintains her fall was the result of improper maintenance, specifically with respect to a portion of the curb where her food got caught. The plaintiff subsequently filed a personal injury lawsuit against the defendant.