Personal injury cases are usually tried in state courts under state law. But when the plaintiff and defendant are citizens of different states–say, an individual plaintiff living in Georgia sues a company based in Florida–then the case may be removed to a federal court. The federal court must still decide…
Grade-crossing collisions–accidents where trains hit vehicles–are a surprisingly common occurrence in the U.S. railroad industry. Norfolk Southern, one of the largest railroads on the east coast, reported approximately 2,500 grade-crossing collisions over a four-year period–more than one accident per day. Railroad employees are frequently injured in these collisions, and unlike…
The “Ramblin’ Wreck” is well known to students and football fans at Georgia Tech. Since 1961, the Wreck–an authentic 1930 Ford Model A–has led the Tech football team into home games at Bobby Dodd Stadium in Atlanta. The Wreck is owned by the university but supervised by a student group…
In a personal injury lawsuit, it’s critical to establish all of your facts before proceeding to court. It’s not enough to simply accuse someone of causing you an injury. There must be sufficient facts alleged to connect the injury to some action–or inaction–by the defendant. If a plaintiff can’t present…
When you go to a hospital for treatment, is the hospital liable if something goes wrong? Not necessarily. Many of the physicians who work at a hospital are not employees, but rather “independent contractors” with medical privileges. Georgia law allows hospitals to escape liability for the medical malpractice of these…
Bad Boy Enterprises manufactures and sells golf carts modified to function as off-road vehicles. These “Bad Boy Buggies” are primarily marketed to outdoor enthusiasts and hunters. They are also the subject of an ongoing federal lawsuit in Georgia over their safety. The plaintiffs in this case are the parents of…
Is a restaurant liable when a customer is stabbed on its property? The Georgia Court of Appeals recently addressed this question and answered with a resounding “no.” A three-judge panel upheld a trial court’s decision awarding summary judgment to the restaurant. The incident took place back in 2010. The victim…
In personal injury cases, trial juries are expected to employ their common sense and knowledge in determining liability. Expert testimony may provide a jury with specialized knowledge, but, as the Georgia Supreme Court has said in Cower v Widener, most “simple negligence” cases such testimony is not required “to establish…
Sometimes even judges get confused about basic traffic laws. In June, the Georgia Court of Appeals reversed a jury verdict after finding the judge improperly instructed jurors about the law governing the right-of-way at a four-way stop sign. The case arose from a traffic accident in Gwinnett County where each…
Cerebral palsy is a chronic, incurable condition that impairs a person’s motor functions. Most cases of cerebral palsy arise from a brain injury sustained before, during or shortly after a child’s birth. While cerebral palsy is usually not life-threatening, it is a permanent condition that affects the child for his…