Marietta Injury Lawyer Blog

Insurer Not Liable For $1.2M Judgment in Fatal DUI Accident

October 9, 2016 | Benjamin S. Persons, IV

Most car accident lawsuits in Georgia are handled by the negligent driver’s insurance company. If an insurer refuses to settle a personal injury claim “in bad faith,” said insurer may be liable for any judgment against the insured in excess of the policy’s normal limits. In other words, the insurance company may not place its own interests ahead of those of its policyholders by dragging its feet to avoid settling an apparently valid personal injury claim.

Linthicum v. Mendakota Insurance Company

But an insurance company’s obligation is only to act reasonably when attempting to negotiate a settlement. It is not necessarily liable just because no settlement is reached. A recent decision by a federal judge in Savannah illustrates this point.

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.

Georgia Woman May Sue Doctor Following False Arrest for Prescription Abuse

September 23, 2016 | Benjamin S. Persons, IV

Many medical malpractice cases involve a physician who prescribed the wrong type or dosage of medication, causing physical harm to the patient. Such negligence is obviously horrific and inexcusable. But the Georgia Court of Appeals recently considered a different sort of negligence case involving a physician and an incorrect prescription.

Carter v. Cornwell

The plaintiff in this case is a Georgia woman who suffers from chronic pain. She had been under the care of the defendant, her physician, for 16 years. During an office visit in 2014, the defendant issued the plaintiff a prescription for 120 pills of hydrocodone. But the defendant subsequently altered the prescription to 180 pills before the plaintiff left his office.

Georgia Court Defines “Occasional Rental” Exclusion in Homeowner’s Insurance Policy

September 17, 2016 | Benjamin S. Persons, IV

A homeowner’s insurance policy offers important protections for both property owners and individuals who may suffer a personal injury on the subject property. But the precise scope of coverage depends on the language of the policy. For example, many homeowner’s policies exclude coverage for injuries suffered by tenants who rent the home from its owner.

State Farm Fire & Casualty Company v. Moss

The Georgia Court of Appeals recently considered the nature of a tenant exclusion in a homeowner’s policy that is the subject of a personal injury lawsuit. The homeowner in this case owned two properties, her primary residence and a lake home. She purchased a homeowner’s policy to cover both properties, listing the lake home as her “secondary residence.”

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.

Photographs Insufficient to Prove “Dangerous” Crosswalk in Slip-and-Fall Case

September 4, 2016 | Benjamin S. Persons, IV

One of the most common types of personal injury claims against the owner of a business or other premises is the “slip and fall.” Essentially, there is a hazardous condition on a given property that causes a visitor to slip, fall, and suffer some form of serious injury. Under Georgia law, the premises owner may be liable if he or she knew—or should have known—about such an “unreasonably dangerous” condition and failed to take appropriate steps to remedy it.

Alsip v. Wal-Mart Stores East LP

Proving whether an “unreasonably dangerous” condition exists often requires a careful examination of the facts surrounding a particular accident. A Georgia judge will not simply take a plaintiff at his or her word that there was a hazardous condition. To the contrary, it is often necessary for a plaintiff to employ one or more technical experts who can explain to the court why the premises owner failed to act in an appropriate manner.

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.