Personal Injury

Hospital Wheelchair Accident is Negligence, Not Malpractice

October 16, 2016 | Benjamin S. Persons, IV

There are stricter rules in Georgia for bringing a medical malpractice lawsuit versus other types of personal injury claims. Not surprisingly, hospitals often try to classify ordinary negligence cases as malpractice in order to make it more difficult for the plaintiff to pursue his or her claim.

Byrom v. Douglas Hospital, Inc.

The Georgia Court of Appeals recently rejected just such an attempt. The plaintiff in this case had gone to a local hospital to undergo tests for a surgical procedure. A nurse transported the plaintiff, who normally walks with a cane, by wheelchair from the exam room to the waiting room.

Family Fights Marietta Nursing Home for Justice in Mother’s Death

October 2, 2016 | Benjamin S. Persons, IV

Many elderly Georgia residents are victims of nursing home abuse and neglect. In order to avoid potential personal injury and wrongful death lawsuits from injured patients, many nursing homes insist their residents sign “alternative dispute resolution” (ADR) agreements that require any negligence or malpractice claims be submitted to binding arbitration. While arbitration can be beneficial in certain cases, it still requires a potentially vulnerable nursing home resident to forfeit access to the courts and other important legal rights.

Kindred Nursing Centers LP v. Chrzanowski

Georgia courts tend to enforce ADR agreements even where there is evidence that a nursing home resident was not necessarily in their right mind when they purportedly agreed to arbitration. A recent decision by the Georgia Court of Appeals illustrates the uphill climb victims of nursing home abuse—or in the case, their families—face in seeking their day in court.

Macon Shooting Victim Allowed to Proceed With Civil Suit Against Restaurant Owner

September 10, 2016 | Benjamin S. Persons, IV

While many premises liability claims are based on the existence of a physical hazard—i.e., a customer slips and falls on a puddle of water—there are also cases in which a property owner may be liable for the criminal acts of third parties that cause personal injury to a patron. Recently, the Georgia Court of Appeals addressed the issue of how long a crime victim has to file such a claim.

Harrison v. McAfee

In June 2011, a group of masked men robbed a restaurant in Macon, Georgia. During the robbery, one of the assailants shot a restaurant patron. To date, none of the alleged criminals have been identified or arrested.

Atlanta Court Rejects Vacationing U.S. Couple’s Lawsuit Against Bahamas Resort

August 30, 2016 | Benjamin S. Persons, IV

Many Georgia residents choose to vacation in the Caribbean each year. But what happens if you are injured due to a third party’s negligence while on vacation? Can you file a civil lawsuit against the responsible parties in Georgia, even if the incident occurred outside of the United States?

Cleveland v. Kerzner International Resorts, Inc.

One thing to take note of whenever you check into a foreign hotel or resort is whether you are asked to sign a release. Such releases often contain language requiring you to bring any personal injury or other civil lawsuit in the courts of that country. Courts in the United States will generally enforce these clauses.

Georgia Court Orders New Trial Over Improperly Screened Jury

August 27, 2016 | Benjamin S. Persons, IV

In any type of Georgia civil case, such as a personal injury lawsuit, the parties are entitled to have their dispute heard by an “impartial” jury. Among other things, this means that none of the jurors are related to any of the parties to the case. In car accident lawsuits, this also includes any insurance companies that may be liable for a judgment.

Mordecai v. Cain

The Georgia Court of Appeals recently granted a plaintiff in a car accident case a new trial after determining the trial judge failed to properly screen the jury for potential bias. The underlying lawsuit arose from a car accident. The plaintiff alleged the defendant was “driving on the wrong side of the road” and collided with her vehicle, seriously injuring her. Because the defendant lacked sufficient insurance, the plaintiff served her uninsured motorist carrier, which “elected to try this case in the name of the individual defendant,” according to court records.

Can a Long-Term Illness Cause a “Sudden Emergency”?

August 20, 2016 | Benjamin S. Persons, IV

In Georgia, a defendant in a personal injury case arising from a car accident may argue what is known as the “sudden emergency” defense. Put simply, this means the defendant alleges he or she was presented with a sudden emergency and had insufficient time to react. If this was the case, the sudden emergency relieves the defendant of any and all liability for any accident arising from the sudden emergency.

Woodard v. Dempsey

The key to this defense is that the defendant could not have reasonably foreseen the emergency—otherwise it is not really a “sudden” emergency. An ongoing federal lawsuit in Atlanta illustrates how factual disputes over whether a defendant has alleged an actual emergency may arise.

Georgia Judge Settles Question of Who Owned Car on Day of Fatal Accident

August 13, 2016 | Benjamin S. Persons, IV

Insurance policies frequently cover any damages incurred due to a car accident. But it is not unusual in Georgia for insurance companies to disclaim or otherwise reject coverage if the insured does not strictly comply with all terms of the policy. In some cases, insurance companies may end up fighting among themselves over who is liable for any damages arising from a personal injury claim.

Selective Insurance Company of America v. Russell

A federal judge in Gainesville recently addressed such a case. This is one of two lawsuits arising from a 2011 car accident. Two vehicles collided, resulting in the death of a passenger in one of the cars. The driver of Car A and the estate of the deceased passenger sued the driver of Car B in Georgia state court.

Georgia Homeowner’s Policy Does Not Cover “Accidental” Shooting

August 5, 2016 | Benjamin S. Persons, IV

A homeowner’s insurance policy typically covers the policyholder’s liability for personal injury claims that occur on the property. For example, if someone slips and falls in your home and subsequently sues you, your homeowner’s insurance policy will pay for any damages. But not every injury that occurs on a property is necessarily covered by a homeowner’s policy, which can leave a defendant on the hook for potentially millions in damages while making it more difficult for the injury victim to receive prompt compensation.

Trustgard Insurance Co. v. Herndon

One common homeowner’s insurance policy exclusion is for criminal acts. The Georgia Court of Appeals recently addressed the applicability of such an exclusion. This case has its roots in an extramarital affair. The defendant was a married man in an “intimate relationship” with another woman, who also assisted him with maintaining his rental properties.

George Agency Faces Trial Over Deadly Accident Following Wildfire

July 22, 2016 | Benjamin S. Persons, IV

Although we charge police and fire departments with protecting lives and property, as a matter of law it is difficult to actually sue these agencies if they fail in their duties. Georgia law extends sovereign immunity to absolve state agencies of any liability arising from a “failure to provide, or the method of providing, law enforcement, police, or fire protection.” But there are cases in which a victim may sue the state for negligent application of existing police or fire protection policies, at least according to one recent decision by the Georgia Court of Appeals.

Grant v. Georgia Forestry Commission

In March 2011 the Georgia Forestry Commission issued a burn permit to a landowner in Bulloch County. Such permits are required before anyone can burn “natural vegetation that is hand piled” such as leaf piles. Unfortunately in this case, the landowner’s fire burned out of control. A fire protection ranger employed by the Commission arrived at the scene to assume responsibility for managing the situation.

Georgia Court Sorts Out Responsibility for Deadly Three-Car Accident

July 17, 2016 | Benjamin S. Persons, IV

In a personal injury lawsuit, such as a negligence claim arising from a car accident, the plaintiff must establish causation—that is, how the defendant’s actions were the proximate cause of the plaintiff’s injury. If a plaintiff fails to advance a plausible theory of causation, a Georgia court may dismiss the case at the summary judgment stage.

Elder v. Hayes

In a recent case, the Georgia Court of Appeals dismissed a personal injury and wrongful death lawsuit against a driver involved in a three-car accident that took place in Athens, Georgia, in 2010. The critical legal issue was the plaintiff’s theories of causation against the defendant driver. The Court of Appeals determined there was insufficient evidence for a jury to find the defendant was responsible for the defendants’ injuries.