Marietta Injury Lawyer Blog

Georgia Court of Appeals Reinstates Lawsuit Against Alleged Hit-and-Run Driver

October 1, 2018 | Benjamin S. Persons, IV

Hit-and-run accidents are a common occurrence in Georgia. Many people are seriously injured by drivers who either do not know they caused an accident, or do know and flee to avoid taking responsibility. In either case, the victim is often left scrambling to identify the driver and take appropriate legal action to obtain compensation for their injuries.

Callaway v. Quinn

A recent decision by the Georgia Court of Appeals helps to illustrate the challenges hit-and-run accidents face in pursuing a personal injury claim. This case involves a 2015 hit-and-run accident. The plaintiff was driving her car and “stopped in traffic” when she was rear-ended by a “man driving a pickup truck” who “fled the scene.” Police investigators later found the truck abandoned in a nearby parking lot.

Appeals Court Upholds $125,000 Verdict Against Auto Body Shop After Car Lift Crushes Customer’s Foot

September 28, 2018 | Benjamin S. Persons, IV

Under Georgia law, a property owner who invites members of the public onto their premises can be held liable for “damages to such persons” caused by the owner’s “failure to exercise ordinary care in keeping the premises and approaches safe.” Normally, this duty cannot be delegated to third parties. If the owner leases the property to another–that is to say, a landlord gives “full possession and complete control” to a tenant–then the tenant assumes the responsibility for keeping the premises safe for invited guests.

Sherwood v. Williams

Recently, the Georgia Court of Appeals addressed a case involving the relative liability of landlord and tenant for an injury caused to a third-party invited guest. The landlord here owned an auto body shop. He leased part of the shop to a tenant. More precisely, the lease covered the “front repair and maintenance area” of the shop, which included three repair bays, together with associated office space and parking. The lease also included an indemnification clause, holding the landlord “harmless for any liability or damages” caused by the tenant’s operations “or otherwise” to any third party.

Georgia Hospital Not Liable for Patient’s Death Despite Nurse’s Failure to Follow Orders

September 21, 2018 | Benjamin S. Persons, IV

Medical malpractice requires proof that a doctor, nurse, or other healthcare provider deviated from the accepted “standard of care,” and that as a direct result of that deviation, the patient suffered some injury. Unfortunately for victims, proving causation is often more difficult than it might first appear. When it comes to malpractice, judges will not apply “common sense,” but rather look for expert testimony to support or refute the existence of causation.

Edokpolor v. Grady Memorial Hospital Corporation

Consider this recent decision by the Georgia Court of Appeals. This case involves a woman who died while under the care of the defendants, a hospital and one of its nurses. The victim had a long history of cardiac disease and spent the last month of her life in the defendant hospital.

How Your Cruise Ship Ticket can Limit Your Right to File a Personal Injury Lawsuit

September 14, 2018 | Benjamin S. Persons, IV

Are you planning to take a cruise in the near future? If so, make sure to carefully read the back of your ticket and any other documentation the cruise operator sends you. Much of this “fine print” can substantially affect your legal rights in the event something goes wrong and you are injured during your cruise.

Davis v. Valsamis, Inc.

Consider this recent decision by the Atlanta-based U.S. 11th Circuit Court of Appeals, which oversees federal courts in Georgia, Florida, and Alabama. This case involves what the Court described as an “ill-fated sailing of the cruise ship Carnival Triumph” in February 2013. According to a Washington Post at the time, “Midway through a four-day Mexican cruise, the Triumph’s engine room caught fire, the ship lost power, and then suddenly it was just drifting, somewhere in the Gulf of Mexico.” Due to the power outage, passengers were stranded for days without working toilets, refrigerators, or air conditioners.

How do You Settle a Personal Injury Claim with an Insurance Company in Georgia?

September 7, 2018 | Benjamin S. Persons, IV

Georgia law creates a mechanism to settle personal injury claims arising from a motor vehicle accident prior to the filing of a lawsuit. Under this law, a settlement offer made by one party to the other must contain the following terms:

a time period to accept the offer, which may not be less than 30 days after it is received by the other party;
the amount of money to be paid;

Can a Judge Dismiss a Personal Injury Lawsuit for Failing to Meet Discovery Deadlines?

August 31, 2018 | Benjamin S. Persons, IV

When you file a personal injury lawsuit following a car accident, you need to be aware of the importance of deadlines. For example, there is a statute of limitations, which is the deadline imposed by Georgia law to file a lawsuit. Even after the lawsuit is filed, the trial court will impose numerous deadlines that must be followed.

Lyons v. O’Quinn

Among the important deadlines are those involving discovery–that is, the pretrial period in which the plaintiff and the defendant exchange documents and conduct depositions of witnesses. If either party fails to meet the stated discovery deadlines, the judge may impose sanctions, which in the case of the plaintiff’s non-compliance may include dismissal of the lawsuit outright.

Georgia Supreme Court Reinstates Food Poisoning Lawsuit

August 24, 2018 | Benjamin S. Persons, IV

Summer is a popular time in Georgia for outdoor events such as weddings, barbecues, and fairs. When attending such events, you need to be aware of food safety. According to the U.S. Centers for Disease Control and Prevention, food-based illnesses are more common in the summertime, and this is largely due to the fact more people are “cooking and eating outside” where “the usual safety controls that a kitchen provides, like monitoring of food temperatures, refrigeration, workers trained in food safety and washing facilities, may not be available.”

Patterson v. Kevon, LLC

The Georgia Supreme Court recently examined a personal injury lawsuit involving an alleged incident of food poisoning that took place at a catered wedding. The plaintiffs alleged they got sick after eating food provided by the defendant, a barbecue company, at a wedding rehearsal dinner. More precisely, the plaintiffs said the defendants’ food “was defective, pathogen-contaminated, undercooked, and negligently prepared.”

Atlanta Judge Rules Commercial Insurer Not Liable for Abduction, Sexual Assault of Woman Outside of Restaurant

August 17, 2018 | Benjamin S. Persons, IV

Not all personal injury claims are the result of accidents. There are many situations in which a victim is injured by the deliberate–even criminal–conduct of one or more parties. Victims often face additional legal challenges when seeking compensation for such injuries, in part because many insurance companies will not indemnify the responsible parties against criminal acts.

Capitol Specialty Insurance Corporation v. PTAV, Inc.

A recent decision by a federal judge in Atlanta helps to illustrate this problem. This case involves a Marietta woman–identified in court records only as “P.M.”–who was abducted, robbed, and sexually assaulted multiple times by a group of men. The abduction itself occurred in the parking lot at a commercial center.

Where do I Sue a “John Doe” Driver for Negligence in Georgia?

August 10, 2018 | Benjamin S. Persons, IV

One of the first legal questions you need to answer before filing a personal injury lawsuit in Georgia is, “What is the proper venue?” Venue refers to the locality where a case is heard and tried. In the State of Georgia, civil cases are tried in a superior court for a particular county.

What happens if you live in one county and want to sue someone who lives in another county? Under the Georgia Constitution, venue is “in the county where the defendant resides.” So let’s say you live in Cobb County and are involved in a car accident with someone who lives in Gwinnett County. According to Georgia law, you would have to file a personal injury lawsuit against the defendant in Gwinnett County Superior Court.

Now, suppose you were involved in a three-car accident and you want to sue both of the other drivers, each of whom lives in a different county. In that scenario you could sue both defendants in either county. So, if one defendant lived in Cobb and the other in Gwinnett, you could select either county’s superior court.

Is a Georgia Store Owner Liable for Customers Injured in the Parking Lot?

August 3, 2018 | Benjamin S. Persons, IV

It is well understood that in Georgia, a store owner is liable for injuries caused by hazardous conditions on store premises. But what exactly do we mean by “premises”? For instance, if you are walking down the aisle of a supermarket and slip on a puddle of water, there is no question that you are on the store owner’s premises. But suppose your slip-and-fall occurred in the parking lot adjacent to the store? Is the store owner still legally responsible?

Boyd v. Big Lots Stores, Inc.

A July 31 decision by the Georgia Court of Appeals helps explain how the law works in this area. This case involved a personal injury claim brought against a well-known national retailer. The plaintiff was shopping at one of the defendant’s stores, which is located in a larger retail shopping center. As the plaintiff exited the store and headed for her car, she slipped and fell in the parking lot. She suffered injuries as a result of the fall and sued the store owner for damages.