fault

Georgia Court Sorts Out Responsibility for Deadly Three-Car Accident

July 17, 2016 | Benjamin S. Persons, IV

In a personal injury lawsuit, such as a negligence claim arising from a car accident, the plaintiff must establish causation—that is, how the defendant’s actions were the proximate cause of the plaintiff’s injury. If a plaintiff fails to advance a plausible theory of causation, a Georgia court may dismiss the case at the summary judgment stage.

Elder v. Hayes

In a recent case, the Georgia Court of Appeals dismissed a personal injury and wrongful death lawsuit against a driver involved in a three-car accident that took place in Athens, Georgia, in 2010. The critical legal issue was the plaintiff’s theories of causation against the defendant driver. The Court of Appeals determined there was insufficient evidence for a jury to find the defendant was responsible for the defendants’ injuries.

Determining Negligence in a Car Accident When Each Party Blames the Other

March 25, 2016 | Benjamin S. Persons, IV

Negligence exists under Georgia law whenever a person breaches a “legal duty to conform” to a specified legal standard, and as a result, another person suffers an injury or loss. In the context of a car accident, for example, a person may be negligent if he or she fails to follow the rules of the road, thereby causing an accident that injures another driver or damages their vehicle. Indeed, many personal injury cases come down to establishing which driver’s actions were responsible for the accident.

Newsome v. LinkAmerica Express, Inc.

In a recent case, a divided Georgia Court of Appeals reinstated a lawsuit arising from an accident where a car hit a parked tractor trailer. Both parties—the driver and the tractor trailer owner—claimed the other party’s negligence was the sole cause of the accident. The trial court sided with the defendant, while a majority of the Court of Appeals said the plaintiff should at least be permitted to argue his case before a jury.

Judges Throw Out Part of $1.6M Verdict in Pedestrian Death Case

December 7, 2015 | Benjamin S. Persons, IV

When a car accident involves two or more vehicles, an injured person may seek damages against all responsible parties. The jury must then apportion fault among all of the parties—including possibly the victim—when awarding damages. While judges typically do not second-guess a jury’s apportionment of fault, there are exceptional occasions in which the courts find a jury’s verdict simply cannot be supported by the available evidence.

Redmon v. Daniel

Here is a recent example from here in Georgia. The victim in this case was a male pedestrian walking along a highway exit ramp in Gwinnett County, Georgia. Two vehicles were using the ramp, a Chevrolet and a garbage truck. The Chevrolet struck the victim first. The driver later testified the victim was “in the middle of the road” and she did not see him until the impact.

Georgia Court Rejects Lawsuit Against Special Needs Teacher’s Aide

November 13, 2015 | Benjamin S. Persons, IV

Parents expect their children to be safe while attending school. Safety is especially important when dealing with children who have learning disabilities or other special needs. Unfortunately, if a child is seriously injured at school, parents may have limited legal options for holding negligent teachers or administrators accountable.

Postell v. Anderson

Here is an illustration from a recent Georgia Court of Appeals decision. The victim in this case was a 14-year-old wheelchair-bound special needs student. The minor attended special education classes at an elementary school in Cherokee County, Georgia. One day, a teacher’s aide transported the victim to an outdoor activity where several other students were in attendance. During this activity one of the other special needs children, a kindergartner with a history of “behavioral problems,” assaulted another student. In the course of restraining this child, the teacher’s aide took her hands off the victim’s wheelchair, causing it to roll down a hill and flip over.