wrongful death

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.

Mother of Murdered Warehouse Worker May Pursue Claims Against Employer

February 26, 2016 | Benjamin S. Persons, IV

Under Georgia law, the estate and surviving family members of a deceased individual may file a wrongful death lawsuit against any party whose negligence contributed to the death. Wrongful death cases are rarely simple matters. They often raise complex legal questions that can delay a final adjudication.

Sturgess v. OA Logistics Services, Inc.

For example, the Georgia Court of Appeals recently addressed the question of whether a mother could sue her deceased son’s employer for wrongful death. The son drove a forklift at a warehouse owned by one of the defendants. The warehouse owner contracted with another defendant, a staffing company, to hire temporary workers for the facility.

Insurer Liable for $5.4 Million Judgment in Defective Auto Repair Case

February 21, 2016 | Benjamin S. Persons, IV

We often hear about cases in which a person is injured in an accident due to a defect in the manufacturing of a car. But there are also cases in which someone may be injured due to an improper repair made to a car. As with manufacturing and design defects, a bad repair may not be immediately obvious to the driver, yet still produce catastrophic effects months, even years, later.

Lee v. Universal Underwriters Insurance Company

In 2005, a well-known auto manufacturer issued a recall for one of its 2000 model-year vehicles. An owner of one such vehicle brought his car to a Georgia dealership to receive the appropriate repairs. Unfortunately, the dealership’s service technician did not perform the repair correctly, causing damage to the vehicle’s cruise-control cable.

Georgia Police Officer Faces Wrongful Death Lawsuit for Fatal Shooting

February 5, 2016 | Benjamin S. Persons, IV

A wrongful death lawsuit is designed to compensate the surviving family members of a homicide victim. Under Georgia law, a spouse may file a wrongful death claim, and if the victim had no spouse, that right falls to the victim’s children. A wrongful death claim exists separate and apart from any lawsuit that may be filed by the victim’s estate—that is, on behalf of the victim.

Felio v. Hyatt

Wrongful death cases are often difficult to bring against government employees, who enjoy a broad degree of immunity for their official acts. But such claims are not impossible. A recent decision by the 11th U.S. Circuit Court of Appeals in Atlanta offers a useful illustration.

Railroad Not Liable for Fatal Georgia Crossing Accident

December 28, 2015 | Benjamin S. Persons, IV

According to statistics from the Federal Railroad Administration, there are more than 2,000 vehicle-train collisions at railroad crossings every year. When such accidents result in serious injury or death to innocent motorists, it is only logical the victims would want to hold the railroad responsible. But in some cases Georgia law may frustrate these efforts, as illustrated by a recent federal appeals court decision.

Long v. CSX Transportation, Inc.

This case involves a fatal accident that occurred at the Emory Street Crossing in Covington, Georgia. In 1974, the Georgia Department of Transportation contracted with a private railroad to install new gates and crossing signals at the Emory Street Crossing. Some years later, the railroad made some changes to the design, which resulted in a 36-foot gap between the installed protective devices and the main railroad line.

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.