Marietta Injury Lawyer Blog

Victim Cannot Sue Because He Saw Hazard Two Weeks Before Accident

April 14, 2015 | Benjamin S. Persons, IV

The Georgia Court of Appeals has made it more difficult for persons injured on other people’s property to bring a premises liability claim. In a March 30 decision, a divided appeals court upheld a trial judge’s decision to grant summary judgment in the case of a man injured while working on someone else’s land. The dissenting judges accused the majority of usurping the traditional fact-finding role of the jury in such cases.

Seago v. Estate of Earle

The plaintiff in this case was hired to install a fence. To complete the work, the plaintiff routinely had to drive to a tool shed at the back of the neighboring property. On his first day on the job, the plaintiff noticed there was a chain up between two trees, restricting access to the client’s property. Although the plaintiff noticed the chain was down during subsequent trips to and from the shed, about two weeks into the job, he was traveling in his four-wheeler through the area when he collided with the chain, which was now up again. The collision caused the plaintiff serious injuries.

Appeals Court Says Insurer May Be Liable for Teenager Injured in ATV Accident

April 7, 2015 | Benjamin S. Persons, IV

If someone is injured on your property and sues, you naturally expect your insurance company will cover any damages. But insurance policies are complex contracts often containing multiple exclusions, which could leave you on the hook for a large award. That is why it is important to understand every term used in an insurance policy, as any ambiguity may lead to litigation between you and the insurer over just what the policy covers. A recent decision by the Georgia Court of Appeals illustrates this problem in greater detail.

Partin v. Georgia Farm Bureau Mutual Insurance Company

The victim in this case was a 14-year-old girl visiting her mother’s boyfriend’s farm in Georgia. The boyfriend owned an all-terrain vehicle he used in the course of his farm work. He often allowed the girl to use the vehicle with his permission. On the day in question, the girl and one of her girlfriends had asked to use the ATV, but the owner refused because he was heading out to the store and did not want the girls driving the vehicle unsupervised. The girls ignored this, and after the owner left, they found the keys and took the vehicle out. While the girlfriend was driving, she lost control of the vehicle while attempting a curve, throwing her from the ATV and severely injuring her feet.

Georgia Supreme Court Says Malpractice Plaintiff Can Substitute Experts

April 3, 2015 | Benjamin S. Persons, IV

On March 27, the Georgia Supreme Court issued a ruling that should benefit all patients who bring medical malpractice claims in the state. The high court unanimously affirmed a lower court’s decision allowing a malpractice plaintiff to amend his complaint after a trial court found it defective. The defect arose from a dispute over the plaintiff’s decision to substitute one expert witness for another.

Fisher v. Gala

The plaintiff received treatment for back pain from a group of neurosurgeons in 2010. According to the plaintiff, the neurosurgeons misdiagnosed him and performed unnecessary surgical procedures, leading to “serious complications and permanent disabilities.” In July 2012, the plaintiff sued the neurosurgeons for negligence.

Appeals Court Says Insurance Check Created Binding Settlement Agreement

March 30, 2015 | Benjamin S. Persons, IV

It is common for victims in automobile accidents to reach out-of-court settlements with negligent drivers or their insurance carriers. But victims should always be mindful of Georgia law governing such settlements. If you make a “final” demand to an insurer for money, and the insurer accepts and agrees to pay the specified amount, that is enough to create an enforceable legal contract even if the insurer subsequently seeks to negotiate additional terms. That is to say, even if you believe no “final” settlement agreement exists between you and an insurer, the courts may see it differently, as a recent Georgia Court of Appeals decision illustrates.

Tillman v. Mejabi

The victim in this case suffered serious injuries in a 2011 automobile accident. There was no disputing the other driver was at fault. The victim’s attorney therefore sent a demand letter to the other driver’s insurance company, seeking to recover the maximum benefit available under the driver’s policy, which was $25,000. (The plaintiff’s actual damages were significantly higher, about $70,000.) The attorney’s letter said payment of the $25,000 would constitute “full and final settlement of this matter.”

Appeals Court Says Daycare Franchise Not Responsible for Child’s Injuries

March 22, 2015 | Benjamin S. Persons, IV

In any personal injury lawsuit against a business—say, a slip-and-fall or similar premises liability case—the defendant may have a franchise relationship with another company. Does that mean the franchisor can be held liable for the local business’ negligence? A recent Georgia Court of Appeals decision provides a useful illustration of the law in this area.

Kids R Us International, Inc. v. Cope

The plaintiff in this case is the mother of a three-year-old child. The child was enrolled at a daycare center. One day, the child suffered injuries to his face when he collided with a metal gate located in the daycare’s play area. The mother argued the daycare center was negligent in failing to supervise her child and keeping the overall premises safe.

Appeals Court Holds Estate Cannot Directly Sue Insurer Over Fatal Van Accident

March 19, 2015 | Benjamin S. Persons, IV

Motor carriers—persons and corporate entities who contract for the transportation of household goods or passengers—must carry insurance in order to legally operate in Georgia. Georgia law further provides a person injured as the result of a motor carrier’s negligence may directly sue the carrier’s insurance company for damages. But there are exceptions to this rule, as the Georgia Court of Appeals explained in a recent decision.

Mornay v. National Union Fire Insurance Co.

This case arose from the death of a 69-year-old woman who had been living in a nursing home. The woman was also receiving Medicaid benefits. The State of Georgia had a contract with a motor carrier to provide transportation services for Medicaid patients. The contractor, in turn, hired a subcontractor to help carry out the state contract.

Georgia Appeals Court Holds Road Contractor Not Responsible for Car Accident

March 14, 2015 | Benjamin S. Persons, IV

In a product liability case, a plaintiff attempts to hold a defendant responsible for the negligent design of a product that caused injury. But, what if the “product” is a public roadway maintained by private contractors? Can a plaintiff injured in an automobile accident caused by a defectively maintained road sue the contractor responsible for the maintenance? The Georgia Court of Appeals recently addressed this question.

Brown v. Seaboard Construction Company

The plaintiff in this case was injured in a one-car accident. She was a passenger in a vehicle traveling down a causeway. The car hit a pothole filled with water, causing the vehicle to hydroplane and collide with a nearby guardrail.

Appeals Court Clarifies “Hearsay” Exceptions in Accident Case

March 8, 2015 | Benjamin S. Persons, IV

It is often difficult to reconstruct the events of a motor vehicle accident. If the accident resulted in fatalities, the victims are obviously unavailable to testify. Other accounts may not be considered admissible evidence in court. The Georgia Court of Appeals recently addressed such a case.

Maloof v. Metropolitan Atlanta Rapid Transit Authority

In April 2005, a woman boarded an Atlanta para-transit bus in her wheelchair. The bus driver secured the wheelchair to the floor of the bus. Later, as the bus was traveling on the road, the driver suddenly veered into the adjacent lane and had to step on the brakes to avoid a collision with another vehicle. The sudden braking caused the woman to fall out of her wheelchair onto the ground. As a result, the woman’s leg was fractured, and she was rendered immobile for several months until she passed away.

Why Do Federal Courts Have Jurisdiction Over Some Georgia Personal Injury Cases?

February 27, 2015 | Benjamin S. Persons, IV

Most personal injury cases are filed in state court. That is because most torts, including personal injury, are governed by state law. There are, however, times when a personal injury case is filed in state and then removed (transferred) to a federal court. This is typically done by out-of-state defendants, usually corporations, who believe the federal court gives them an advantage.

Federal courts are generally thought to be friendlier towards defendants than state courts. One reason for this is that, although state law still governs the underlying personal injury lawsuit, federal courts follow different rules regarding the admission of evidence than state courts. The federal rules are uniform throughout the country, while the rules in a Georgia state court are specific to the state.

That said, a defendant cannot remove a case from state to federal court unless certain legal requirements are met. First and foremost, there must be complete “diversity” among the parties. This just means the plaintiff and defendant must be residents of different states. For example, if a Georgia plaintiff files a personal injury lawsuit against a business incorporated in Florida, there is complete diversity.

County Police Officer Not Liable for Fatal Horse-Car Collision

February 20, 2015 | Benjamin S. Persons, IV

Animal control is an often overlooked aspect of law enforcement. Under Georgia law, sheriffs and other local law enforcement officers have a duty “to impound livestock found to be running at large or straying.” But, what happens when a law enforcement officer’s failure to perform this duty leads to the serious injury or death of a human being? The Georgia Court of Appeals recently had to answer this question.

Williams v. Pauley

This tragic case began when a horse strayed onto Highway 27 in Floyd County early one morning. A 911 operator received a call regarding the horse and dispatched a Floyd County police officer to investigate. The officer arrived at the scene and located the horse on the highway’s median. He followed the horse in his police vehicle for a few minutes before the animal “took off.” The officer then approached the horse on foot and gained a tentative hold. Still on the median, the officer walked the horse back towards his police vehicle, where the officer contacted his supervisor on the radio, seeking further direction on how to control the animal.