Georgia personal injury attorney

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.

Court of Appeals: Chatham Area Transit Not Protected Against Lawsuits from Victims of 2016 Savannah Dock Collapse

October 4, 2019 | Benjamin S. Persons, IV

On November 19, 2016, a dock attached to a ferry terminal in Savannah collapsed, sending more than 60 people into the water, according to news reports at the time. A number of these people sustained serious injuries, and a Savannah firefighter died after suffering a dissecting aneurysm while participating in rescue activities.

Chatham Area Transit v. Brantley

As you might expect, there was a substantial legal fallout to the deck collapse. Several victims filed personal injury lawsuits against both the City of Savannah and Chatham Area Transit (CAT), which owned the dock. In early 2018, the City moved to dismiss the lawsuits, arguing it was protected by both sovereign immunity and Georgia’s Recreational Property Act (RPA). CAT subsequently argued it was also protected from suit under the RPA.

Is a Car Accident in a Residential Driveway Covered by Homeowner’s Insurance?

September 30, 2019 | Benjamin S. Persons, IV

In most cases, damages arising from a car accident are covered by the negligent driver’s auto insurance policy. But what if the accident occurred while the car was still in the owner’s driveway? Would homeowner’s insurance actually cover such damages?

Wilkinson v. Georgia Farm Bureau Mutual Insurance Company

The Georgia Court of Appeals recently addressed these questions in Wilkinson v. Georgia Farm Bureau Mutual Insurance Company. This case began when a man named Buchanan purchased a used Ford F350 truck. One of Buchanan’s co-workers, a man named Wilkinson, asked to take a look at the truck. Wilkinson and his wife subsequently went to Buchanan’s house.

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.

Valdosta Judge Allows Defective Pressure Cooker Lawsuit to Proceed

September 6, 2019 | Benjamin S. Persons, IV

Pressure cookers were first developed in the 17th century. They create an airtight environment where steam pressure raises the boiling point of water, allowing food to cook much faster than normal. Of course, the buildup of pressure can lead to an explosion if the cooker itself is somehow defective.

Williams v. Tristar Products, Inc.

In an ongoing federal lawsuit, Williams v. Tristar Products, Inc., a Georgia woman alleges that a defective pressure cooker exploded in her home, causing her severe second-degree burns. At the time of the accident, the plaintiff was using a PC-WAL1/TRI-6 pressure cooker, which had been a Christmas gift from her mother. The plaintiff said she had used the pressure cooker on three previous occasions without incident, and that she always followed the manufacturer’s directions.

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.