Marietta Injury Lawyer Blog

When Can You Sue a Negligent Driver for Punitive Damages?

February 29, 2016 | Benjamin S. Persons, IV

Punitive damages are designed to punish a defendant in a personal injury lawsuit. Unlike economic damages, which are supposed to compensate the plaintiff for his or her losses, punitive damages are meant to have a deterrent effect on an especially irresponsible defendant. To that end, under Georgia law a jury may only award punitive damages when there is “clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.”

Corbett v. Celadon Trucking Services, Inc.

In many cases, a judge will not even allow a jury to consider punitive damages unless the plaintiff presents sufficient evidence that meets the statutory threshold. For example, a federal judge in Atlanta recently granted summary judgment on the issue of punitive damages to two defendants in an ongoing truck accident case. While this does not affect other elements of the plaintiff’s lawsuit, the judge made it clear this was not a case where punitive damages should even be an option.

Mother of Murdered Warehouse Worker May Pursue Claims Against Employer

February 26, 2016 | Benjamin S. Persons, IV

Under Georgia law, the estate and surviving family members of a deceased individual may file a wrongful death lawsuit against any party whose negligence contributed to the death. Wrongful death cases are rarely simple matters. They often raise complex legal questions that can delay a final adjudication.

Sturgess v. OA Logistics Services, Inc.

For example, the Georgia Court of Appeals recently addressed the question of whether a mother could sue her deceased son’s employer for wrongful death. The son drove a forklift at a warehouse owned by one of the defendants. The warehouse owner contracted with another defendant, a staffing company, to hire temporary workers for the facility.

Insurer Liable for $5.4 Million Judgment in Defective Auto Repair Case

February 21, 2016 | Benjamin S. Persons, IV

We often hear about cases in which a person is injured in an accident due to a defect in the manufacturing of a car. But there are also cases in which someone may be injured due to an improper repair made to a car. As with manufacturing and design defects, a bad repair may not be immediately obvious to the driver, yet still produce catastrophic effects months, even years, later.

Lee v. Universal Underwriters Insurance Company

In 2005, a well-known auto manufacturer issued a recall for one of its 2000 model-year vehicles. An owner of one such vehicle brought his car to a Georgia dealership to receive the appropriate repairs. Unfortunately, the dealership’s service technician did not perform the repair correctly, causing damage to the vehicle’s cruise-control cable.

What Happens When Two Insurance Policies Cover the Same Accident?

February 12, 2016 | Benjamin S. Persons, IV

If you are injured in an accident and the other driver lacks sufficient insurance to cover any damages, you may turn to your insurance policy’s uninsured motorist coverage. But what happens if you are eligible for uninsured motorist coverage under two different insurance policies? Which policy has priority? The Georgia Court of Appeals recently addressed this question.

Sentinel Insurance Company v. USAA Insurance Company

This case began with a rear-end collision. One driver sued the other for negligence. The plaintiff also served two insurance companies as co-defendants. She claimed eligibility for uninsured motorist benefits under both companies’ policies.

Georgia Police Officer Faces Wrongful Death Lawsuit for Fatal Shooting

February 5, 2016 | Benjamin S. Persons, IV

A wrongful death lawsuit is designed to compensate the surviving family members of a homicide victim. Under Georgia law, a spouse may file a wrongful death claim, and if the victim had no spouse, that right falls to the victim’s children. A wrongful death claim exists separate and apart from any lawsuit that may be filed by the victim’s estate—that is, on behalf of the victim.

Felio v. Hyatt

Wrongful death cases are often difficult to bring against government employees, who enjoy a broad degree of immunity for their official acts. But such claims are not impossible. A recent decision by the 11th U.S. Circuit Court of Appeals in Atlanta offers a useful illustration.

Columbus Jury Awards $650,000 to Driver Seriously Injured in Trucking Accident

January 29, 2016 | Benjamin S. Persons, IV

When it comes to trucking accidents, Georgia has what is known as a “direct action” rule. This means that if you are injured due to a commercial truck driver’s negligence, you can name not only the trucking company but also its insurance carrier as defendants. This is an exception to the normal rule. In a personal injury case arising from a normal car accident, you cannot directly sue the insurer. This is because it is generally considered unfair to the trucking company if the jury is made aware that an insurance company is paying for any potential damages.

Wallace v. Wiley Sanders Truck Lines, Inc.

Trucking companies are understandably unhappy with the direct action rule, especially after they lose a lawsuit. But their complaints often fall on deaf ears. Consider this recent case from Columbus, Georgia.

Supreme Court Says Insurers Can Not Go After Accident Victim’s Personal Assets

January 22, 2016 | Benjamin S. Persons, IV

Although lawsuits arising from car accidents are usually dealt with under state law, there are questions of federal law that may arise from any settlement or judgment received by a victim. For example, if the victim received benefits from his or her employer-sponsored health insurance following an accident, the insurer may be entitled to enforce a lien against the proceeds from any personal injury lawsuit. The United States Supreme Court recently addressed the related question of how far an insurer may go to enforce such a lien.

Montanile v. Board of Trustees of Nat. Elevator Industry Health Benefit Plan

This case originated in Florida. In 2008, a drunk driver ran a stop sign and hit another vehicle. The victim suffered serious injuries that required extensive medical care. The victim had health insurance through an employer-sponsored plan governed by federal law. Altogether, the insurer paid over $120,000 for the victim’s medical care following the accident.

Court Allows Elevator Accident Case to Proceed to Trial

January 15, 2016 | Benjamin S. Persons, IV

In a premises liability case—that is, a personal injury lawsuit arising when someone is injured on another person’s property—the plaintiff must generally prove that the property owner possessed “superior knowledge” of the defective condition that caused the alleged injury. In other words, the danger must be known to the owner but not to the plaintiff. This does not mean a property owner in every case can simply plead ignorance to a hazardous condition. Nor does it mean that he or she can try to shift the blame to a third party, such as a contractor who worked on the property.

Hill v. Cole CC Kenesaw GA, LLC

An ongoing Georgia case illustrates how the law may protect injury victims in certain situations. The plaintiff in this case worked in an office building. On the evening in question, the plaintiff and a co-worker entered an elevator to leave the building. The elevator stopped at a point such that it was not level with the floor. The plaintiff subsequently tripped, hit her on head on a railing inside the elevator, and had to be taken to the hospital.

Georgia Judges Disagree About Need for Expert Testimony in Defective Vehicle Case

January 8, 2016 | Benjamin S. Persons, IV

Expert testimony is often the key to winning a product liability lawsuit. Anyone can offer an opinion on the safety, or lack thereof, of a given product. But trial courts must go one step further and determine the qualifications of an expert before admitting his or her testimony. Under Georgia law, expert testimony must be “based on sufficient facts or data.” It must be the “the product of reliable principles and method,” and the expert must personally apply those principles and methods to the case at hand.

Moore v. Cottrell, Inc.

In a recent case, the Georgia Court of Appeals upheld a trial court’s decision to exclude expert testimony in a product liability lawsuit. The plaintiff was driving a car hauler with a two-level trailer. The hauler did not have a built-in ladder, but there was a portable ladder attached so the driver could access the upper level of the trailer.

Georgia Court Tosses $35M Verdict in Theme Park Beating Case

January 1, 2016 | Benjamin S. Persons, IV

Can a property owner be held liable for persons injured due to gang-related activity on or near their premises? The Georgia Court of Appeals recently addressed this question. The appeals court was asked to review a $35 million verdict issued against a popular Cobb County theme park after a man was savagely beaten following an incident in the facility’s parking lot.

Six Flags Over Georgia II LP v. Martin

As the Court of Appeals explained in its opinion, the theme park is “located in a well-known, high-crime area, which has been the site of numerous instances of criminal gang activity.” There had also been a number of reported incidents where violence inside the park “spilled over” to outside locations.