Georgia personal injury attorney

Woman Ordered to Repay Employer $130,000 for Post-Accident Medical Care

September 27, 2014 | Benjamin S. Persons, IV

While it always important for the victim of a car accident to receive compensation for medical care and other injuries, it is equally imperative to obtain such compensation in a legal and equitable manner. A car accident is not an excuse to commit fraud. The Atlanta-based U.S. 11th Circuit Court of Appeals recently addressed a case on this point.

AirTran Airways, Inc. v. Elem

This case began with a 2007 car accident. The victim sustained injuries and received medical care, which her employer initially paid for under its self-funded employee benefit plan. In accepting her employer’s medical benefits—totaling more than $130,000—she agreed to repay the company out of any proceeds she might subsequently receive from legal action against the driver of the second vehicle involved in the accident. In plain terms, the employer held a priority claim over any future legal settlement.

Atlanta Appeals Court Finds Automaker Not Responsible for Fatal Accident

September 19, 2014 | Benjamin S. Persons, IV

On September 12, the U.S. Eleventh Circuit Court of Appeals in Atlanta declined to revive a personal injury lawsuit brought by a woman whose daughter died in an automobile accident. The plaintiff was administrator of her daughter’s estate, and she brought a lawsuit against the manufacturer of her daughter’s car. Both a Georgia trial judge and the Court of Appeals said the plaintiff failed to present sufficient evidence to support her claims.

Hughes v. Kia Motors Corporation

Although this case was contested in Georgia courts, the actual accident occurred in Tennessee. In May 2005, the victim drove her Kia Optima automobile out of a restaurant parking lot in Chattanooga. While executing a turn, a Mack truck struck her car. The impact caused the Kia to collide with two parked cars, a tree, and several other objects, before coming to a stop near a private residence. Emergency personnel recovered the victim from the vehicle and transported her to a local hospital. She was initially breathing and responsive following the accident, but died of a traumatic brain injury the next day.

Appeals Court Rules Atlanta Police’s High-Speed Chase is Not a Public “Nuisance”

September 12, 2014 | Benjamin S. Persons, IV

High-speed police chases may look exciting on the local news, but they often have deadly consequences for innocent bystanders. In many cases, police and local officials are held blameless by the courts due to the doctrine of sovereign immunity. Recently, the Georgia Court of Appeals elaborated on the standards required for holding police accountable (or not accountable) in such cases.

City of Atlanta v. McCrary

In early 2008, two Atlanta police officers attempted to stop a vehicle with improper tags. The driver sped away, and the officers pursued the vehicle. There is some dispute over what happened next. The officers said they broke off pursuit after determining a continued chase would violate Atlanta Police Department regulations. The driver, in contrast, said he “never lost sight of the police” and continued to evade them. In any event, the driver eventually collided with a third vehicle, killing the passenger in his vehicle as well as the driver of the other car.

Federal Court Asks Georgia Justices to Address Scope of Uninsured Motorist Benefits

September 5, 2014 | Benjamin S. Persons, IV

On September 3, a federal appeals court asked the Georgia Supreme Court to clarify whether an insurance company must pay out “uninsured motorist” (UM) benefits for an accident caused by an agent of the State of Georgia. The question arose from a federal judge’s ruling last December holding an insurer liable under such circumstances. The appeals court delayed considering the insurer’s appeal pending the Georgia Supreme Court’s clarification.

FCCI Insurance Company v. McLendon Enterprises, Inc.

This case began with a traffic accident. The plaintiffs are the driver and owner of a vehicle that collided with a school bus owned by Evans County, Georgia. After settling with Evans County for the maximum limit of its insurance policy, the plaintiffs sought uninsured motorist benefits from their own insurer, FCCI. FCCI balked, and asked a federal judge to declare it owed nothing to the plaintiffs.

Stores Not Liable for “Rainy Day” Slip-and-Fall Accidents

May 29, 2014 | Benjamin S. Persons, IV

A business owner has a duty under Georgia law to exercise “ordinary care” in maintaining a safe premises for customers. This does not mean a business owner is liable for any and all safety hazards on the premises. Rather, it means an owner who has “superior knowledge” of a hazard and fails to act may be held responsible if that hazard injures a customer.

In cases where the owner and customer have equal knowledge of a hazard—or are presumed by law to have equal knowledge—the owner is not liable. This question often comes up in “slip-and-fall” cases when owners and customers disagree as to whether the owner had superior or equal knowledge. A recent decision by a federal appeals court illustrates how judges deal with these questions.

Womack-Sang v. Publix Super Markets, Inc.