Personal Injury

Court of Appeals: Contractor Not Liable for Subcontractor’s Employee’s Fall From Ladder

July 12, 2019 | Benjamin S. Persons, IV

When it comes to personal injury claims, you should never make assumptions. For instance, even if you believe an accident was the result of a faulty piece of equipment, you still need to prove it in court. Do not assume the judge (or jury) will just take your word for it that “it must have been broken.”

Lakeshore Contracting, LLC v. Lopez-Hernandez

A recent decision from the Georgia Court of Appeals, Lakeshore Contracting, LLC v. Lopez-Hernandez, offers a useful illustration. This case involves an accident that occurred at a construction site. The defendant is a general contractor. In 2016, a customer hired the defendant to remodel a retail store. The defendant hired two subcontractors to perform the actual remodeling work. One of the subcontractors then hired the plaintiff to assist him.

Court of Appeals: No Such Thing as “Wrongful Birth” Claims in Georgia

July 5, 2019 | Benjamin S. Persons, IV

You probably have heard the term “wrongful death” in the context of personal injury law. Basically, this is a lawsuit that alleges a defendant’s negligence led to the death of the victim. The victim’s estate or heirs then have the legal right to seek damages from the responsible parties.

Some states also recognize a lesser-known type of claim referred to as “wrongful birth.” For example, if a doctor commits malpractice by failing to inform expectant parents of a serious genetic defect in their unborn child, the parents could bring a lawsuit arguing they would have aborted the fetus but-for the doctor’s negligence. The parents could then seek compensation to offset the additional costs of caring for their child.

Norman v. Xytex Corporation

Ga. Court of Appeals: Bus Driver Not Responsible for 5-Year-Old’s Death

July 2, 2019 | Benjamin S. Persons, IV

Parents entrust their children to a number of responsible adults every day, including teachers and bus drivers. When something goes wrong and the child is injured–or even killed–while under another person’s care, the parents understandably want to hold that person responsible. Unfortunately, the law does not always help parents in this regard, particularly when the responsible person happens to be a public employee.

Odum v. Harn

A recent ruling from the Georgia Court of Appeals, Odum v. Harn, typifies the uphill battle parents face when seeking accountability. This case involves a 2013 accident that resulted in the death of a 5-year-old child. The victim was riding on a Bryan County school bus operated by the defendant.

Georgia Restaurant Manager Shot by Robbers While Returning Home Entitled to Workers’ Compensation Benefits

June 28, 2019 | Benjamin S. Persons, IV

Workers’ compensation is normally the “exclusive remedy” for Georgia workers seeking benefits from their employer as the result of a work-related accident. By “work-related,” we mean that the employee’s injuries “arose out of and in the course of his employment.” In most cases, it is clear whether or not a worker’s injury was related to his employment. There are other cases where employers–and occasionally courts–may disagree as to the employee’s exact status at the time of their injury.

Kil v. Legend Brothers, LLC

A recent decision from the Georgia Court of Appeals, Kil v. Legend Brothers, LLC, offered just such a scenario. This case involved a restaurant employee who was shot during an armed robbery attempt. His employer subsequently denied his claim for workers’ compensation benefits.

11th Circuit Revives Disabled Truck Driver’s Lawsuit Over Forklift Operator’s Alleged Negligence

June 14, 2019 | Benjamin S. Persons, IV

You probably know that if you are injured on the job, workers’ compensation covers your employer’s liability for the accident. Workers’ compensation does not apply to third-party liability, however. In other words, if your work-related accident was caused by someone other than your employer (or someone working for your employer), you can still file a separate personal injury lawsuit against that party.

Newcomb v. Spring Creek Cooler, Inc.

Of course, unlike “no-fault” workers’ compensation benefits, you still have to prove that the third party did something wrong. The third party may turn around and argue you were either at-fault for the accident, or you should have been aware of the dangerous condition that caused your injuries.

Judge Denies Kroger’s Motion for Summary Judgment in Slip-and-Fall Accident Lawsuit

June 7, 2019 | Benjamin S. Persons, IV

In some personal injury cases, expert testimony is necessary to help establish causation. For example, if you sue your doctor for medical malpractice, you will need to present testimony from another qualified physician who can explain exactly what your doctor did wrong and how that “caused” your alleged injury. Other cases do not typically require such testimony. If you slip and fall on a puddle of water in the middle of a grocery store, you do not need an expert to explain what caused you to fall.

Wilson v. Kroger Co.

What if the defendant alleges another potential cause of a plaintiff’s injuries? Does the plaintiff need to call on an expert witness to rebut this alternate explanation? A federal judge in Atlanta recently addressed such a situation.

Is a Georgia Employer’s “Aggravation” of an Employee’s Car Accident Injuries Covered by Workers’ Compensation?

May 31, 2019 | Benjamin S. Persons, IV

Workers’ compensation represents a legislatively imposed bargain between employees and employers. The bargain works like this: If the employee is injured in the course of employment, the employer agrees to pay certain medical and wage-replacement benefits. The employer is not required to admit fault for the accident, and the employee is not allowed to file a personal injury lawsuit seeking damages outside of the workers’ compensation system.

Savannah Hospitality Services, LLC v. Scriven

A recent decision from the Georgia Court of Appeals, Savannah Hospitality Services, LLC v. Scriven, clarifies the “exclusive remedy” nature of workers’ compensation. This case involves a 2016 auto accident. The plaintiff was driving a vehicle owned by his employer at the time. He subsequently filed a personal injury lawsuit against the driver and owner of the other vehicle. (Such third-party claims are not covered by workers’ compensation.)

Georgia Supreme Court Rejects Lawsuit Over Accidental Disclosure of Citizens’ Personal Information

May 24, 2019 | Benjamin S. Persons, IV

Personal injury claims are not always about car accidents or even physical injuries. Negligence can affect victims in many other ways, such as forcing them to incur a financial loss or depriving them of some other intrinsic right. That said, a plaintiff can only recover damages when the negligence was rooted in some legal duty owed him or her by the defendant.

Georgia Department of Labor v. McConnell

For example, the Supreme Court of Georgia recently issued an opinion, Georgia Department of Labor v. McConnell addressing the question of whether state officials owe a legal duty to protect the personal information of individuals from unauthorized disclosure. The background for this case was a 2013 incident in which an employee of the Georgia Department of Labor accidentally emailed a spreadsheet containing the personal information of over 4,700 residents of Cherokee, Cobb, and Fulton Counties to approximately 1,000 recipients.

Appeals Court Upholds $2.2 Million Award to Injured Gambling Ship Passenger

May 21, 2019 | Benjamin S. Persons, IV

One of the biggest mistakes a person can make following a serious accident is to not contact a lawyer. In some cases, the negligent party who caused the accident will try and convince the victim that it is unnecessary to speak with an attorney. The negligent party may even make promises to “take care of” the victim’s damages without the need for them to file a personal injury lawsuit.

Golden Isles Cruise Lines, Inc. v. Lowie

Unfortunately, such promises may be nothing more than a delaying tactic. The negligent party may simply be trying to keep the victim from filing a claim until it is too late–i.e., after the statute of limitations has expired.

Krispy Kreme Faces New Trial Over Allegedly Frivolous Defense in Auto Accident Case

May 8, 2019 | Benjamin S. Persons, IV

Insurance companies and corporate defendants often try to deny a legitimate personal injury claim. It is one thing to litigate a case in court. But it is quite another when a defendant raises arguments it knows to be frivolous.

For this reason, Georgia law allows successful personal injury plaintiffs to ask for a determination of whether or not the defense “presented a frivolous claim or defense.” This requires the court to hold a “bifurcated” or two-part hearing. In the first part, the “trier of fact,” which is typically a jury in personal injury lawsuits, decides if the challenged defense was in fact frivolous. If the answer is “yes,” then the trier of fact must then assess an appropriate award of damages to the plaintiff, which may include attorney’s fees and litigation expenses.

Showan v. Pressdee