negligence

Federal Regulators Not Liable for Fatal Bus Crash

May 31, 2016 | Benjamin S. Persons, IV

In May 2011, a bus traveling from Charlotte, North Carolina to New York City swerved off Interstate 85 approximately 30 miles north of Richmond, Virginia. The bus hit an embankment and overturned. Consequently, four passengers died and several dozen more were hospitalized with injuries.

The bus company was a discount operator with a long history of accidents due to unsafe driver behavior. According to news reports at the time, the Federal Motor Carrier Safety Administration cited the operator “for 17 unsafe-driving violations” in the two years prior to the fatal Virginia accident. The FMCSA shut down the operator immediately after the accident.

Chhetri v. United States

Georgia City Faces Wrongful Death Trial Over Teenager’s Suicide

April 22, 2016 | Benjamin S. Persons, IV

In Georgia, the family of a deceased person may file a wrongful death lawsuit if there is evidence that someone else’s negligent or criminal acts were the cause of death. A common example would be a person killed in a drunk driving accident. In such circumstances, the family of the victim might pursue a wrongful death claim against the drunk driver.

Mayor and City of Richmond Hill v. Maia

What about a case in which a negligent act leads the victim to commit suicide? Can the family still bring a wrongful death claim? The Georgia Court of Appeals recently addressed this question.

Georgia Hospital Not Liable for Hundreds of Forged Mammograms

April 15, 2016 | Benjamin S. Persons, IV

Employers are normally liable for the acts of their employees. In tort law this is known as vicarious liability. In Georgia, vicarious liability applies whenever an employee acts “by [the employer’s] command or in the prosecution and within the scope of [the employer’s] business, whether the same are committed by negligence or voluntarily.” In other words, if you direct your employee to complete a particular task, and in doing so he injured another, the victim can sue you for damages.

Jefferson v. Houston Hospitals, Inc.

But what about a case where the employee ignores your instructions? A recent decision by the Georgia Court of Appeals illustrates how employers may be able to get off the hook even in cases of egregious employee misconduct. The case arises from a 2014 incident that made national headlines. In April 2014, a former technician at a hospital in Perry, Georgia, pleaded guilty to 10 counts of reckless conduct and one count of felony computer forgery.

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.

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 Truck Driver Not Entitled to Insurance Benefits After Getting Hit By Log

December 4, 2015 | Benjamin S. Persons, IV

Uninsured motorist coverage is designed, among other things, to compensate you if you are in an accident with an unknown vehicle. A common example is a “hit and run” where the offending driver speeds away and is never identified. In such cases, your insurance carrier is supposed to provide uninsured motorist benefits. You should always keep in mind that insurance is a contract governed by state law, and as with any contract, there may be unusual circumstances that are not covered by the policy.

American Alternative Insurance Company v. Bennett

The Georgia Court of Appeals recently addressed such an unusual case. The plaintiff in this case was driving his tractor trailer down a road in Brantley County, Georgia. According to his testimony, a second tractor-trailer transporting “a load of logs” passed him going in the opposite direction. Shortly thereafter, “a log hanging off of the oncoming log truck struck plaintiff’s tractor, shattering the windshield and causing shattered glass to impact the plaintiff’s eyes and face.”

Cobb County Road Official Not Liable for Storm-Related Death

November 20, 2015 | Benjamin S. Persons, IV

With winter approaching, Georgia drivers need to be careful navigating potentially hazardous road conditions. Although local governments are responsible for most highway maintenance, Georgia law makes it difficult to hold officials responsible for failing to address even life-threatening hazards. The parents of a deceased child tragically learned this lesson recently from the Georgia Court of Appeals.

Jobling v. Shelton

On January 9, 2011, a major snowstorm hit Cobb County, Georgia, dumping upwards of six inches of snow on the area. Cobb County maintains about 2,500 miles of roads, and the County Department of Transportation was responsible for clearing ice and snow from all of them. The Department prioritized roads as “primary” or “secondary” and proceeded to treat all of them over a period of several days.

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.

Parents of Brain-Damaged Child Denied Summary Judgment Against Emergency Room

November 8, 2015 | Benjamin S. Persons, IV

Every parent dreads the prospect of taking a child to the emergency room following an accident. This dread can turn to horror if negligence on the part of medical personnel compounds the child’s injuries. Unfortunately, Georgia law makes it difficult to hold emergency medical providers accountable for malpractice. Under a 2005 “tort reform” law, a victim must prove by “clear and convincing evidence” that a provider of “emergency medical care” committed “gross negligence.” This is a significantly higher legal standard than traditional malpractice claims, where Georgia only requires proof of ordinary negligence by a “preponderance of the evidence.”

Nguyen v. Southwestern Emergency Physicians, P.C.

The Georgia Supreme Court recently addressed the application of Georgia’s emergency room law to a tragic case involving an 8-year-old girl. When the child was just six months old, she fell off a bed and hit her head on a blunt object. The child’s mother—who later described the head injury as the size of an apple, practically “another head” on her baby—took her to a hospital emergency room in Albany, Georgia.

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.