Marietta Injury Lawyer Blog

Appeals Court Reinstates “Toxic Tort” Claim Over Mold-Infested Apartment

March 31, 2016 | Benjamin S. Persons, IV

Personal injury claims are not always based on accidents or direct actions by a negligent party. In so-called toxic tort cases, for instance, a defendant may be held liable for a hazardous health condition that contributes to a victim’s injuries. In such cases, a plaintiff must establish causation through expert medical testimony.

McCarney v. PA Lex Glen, LLC

In one recent case, the Georgia Court of Appeals reinstated a toxic tort claim against a landlord accused by a tenant of failing to properly treat a major mold infestation. According to the plaintiff’s lawsuit, he rented an apartment from the defendant for about a year. Towards the end of his tenancy, the plaintiff learned from his neighbors there might be mold in their apartments. The plaintiff subsequently discovered a “black substance” covering several surfaces in and around his unit.

Determining Negligence in a Car Accident When Each Party Blames the Other

March 25, 2016 | Benjamin S. Persons, IV

Negligence exists under Georgia law whenever a person breaches a “legal duty to conform” to a specified legal standard, and as a result, another person suffers an injury or loss. In the context of a car accident, for example, a person may be negligent if he or she fails to follow the rules of the road, thereby causing an accident that injures another driver or damages their vehicle. Indeed, many personal injury cases come down to establishing which driver’s actions were responsible for the accident.

Newsome v. LinkAmerica Express, Inc.

In a recent case, a divided Georgia Court of Appeals reinstated a lawsuit arising from an accident where a car hit a parked tractor trailer. Both parties—the driver and the tractor trailer owner—claimed the other party’s negligence was the sole cause of the accident. The trial court sided with the defendant, while a majority of the Court of Appeals said the plaintiff should at least be permitted to argue his case before a jury.

School District Faces Trial Over Man Injured by Cannon at Football Game

March 18, 2016 | Benjamin S. Persons, IV

Georgia law prohibits individuals from carrying “weapons” in any public school. There are exceptions for law enforcement who need to carry firearms in carrying out their official duties. But the Georgia legislature has made it clear that schools are supposed to be “gun free zones.”

Boatright v. Copeland

There was an interesting personal injury lawsuit recently before the Georgia Court of Appeals. The plaintiff was “assisting in loading and firing a cannon owned by the Appling County School District.” The cannon was used outdoors during Appling County High School’s football games. The plaintiff was compressing gunpowder in the cannon with a rod when the cannon suddenly discharged, causing permanent injury to the plaintiff’s right hand. The plaintiff subsequently sued the school district, as well as the superintendent of schools and individual school board members.

Georgia Court Upholds Punitive Damages Award Against “Erratic” Driver

March 11, 2016 | Benjamin S. Persons, IV

In a Georgia car accident case, a negligent driver may be liable for punitive damages if there is “clear and convincing evidence” of “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” For example, if the negligent driver was driving under the influence of alcohol at the time of the accident, that would provide evidence of “willful misconduct” justifying a punitive damages award.

Dagne v. Schroeder

However, drunk driving is not the only thing that might lead a jury to award punitive damages. A recent Georgia case helps illustrate this point. This plaintiffs in this case were a mother and daughter who were driving home. The defendant was driving in the opposite direction on the same road. Witnesses observed the defendant “swerved within her lane and continuously sped up and slowed down.” At one point she swerved directly into the path of the plaintiffs’ vehicle. The mother tried to avoid the collision but failed. The vehicles collided, sending the plaintiff’s van into the air where it “tumbled several times after hitting the ground before finally coming to a rest upside down.”

The Difference Between General and Limited Releases in Car Accident Settlements

March 4, 2016 | Benjamin S. Persons, IV

Litigation is not uncommon following an auto accident. In many cases, the parties can still settle their dispute without the need for a full-blown jury trial. But before agreeing to any settlement, it is essential each party understands what rights they may be giving up. A settlement is a contract, which means there must be a “meeting of the minds” in order for the agreement to be enforceable.

Cone v. Dickenson

Recently the Georgia Court of Appeals addressed a dispute arising from just such a settlement agreement. The plaintiff and the defendant were in a car accident. The plaintiff sued the defendant, alleging his negligence caused the accident.

When Can You Sue a Negligent Driver for Punitive Damages?

February 29, 2016 | Benjamin S. Persons, IV

Punitive damages are designed to punish a defendant in a personal injury lawsuit. Unlike economic damages, which are supposed to compensate the plaintiff for his or her losses, punitive damages are meant to have a deterrent effect on an especially irresponsible defendant. To that end, under Georgia law a jury may only award punitive damages when there is “clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.”

Corbett v. Celadon Trucking Services, Inc.

In many cases, a judge will not even allow a jury to consider punitive damages unless the plaintiff presents sufficient evidence that meets the statutory threshold. For example, a federal judge in Atlanta recently granted summary judgment on the issue of punitive damages to two defendants in an ongoing truck accident case. While this does not affect other elements of the plaintiff’s lawsuit, the judge made it clear this was not a case where punitive damages should even be an option.

Mother of Murdered Warehouse Worker May Pursue Claims Against Employer

February 26, 2016 | Benjamin S. Persons, IV

Under Georgia law, the estate and surviving family members of a deceased individual may file a wrongful death lawsuit against any party whose negligence contributed to the death. Wrongful death cases are rarely simple matters. They often raise complex legal questions that can delay a final adjudication.

Sturgess v. OA Logistics Services, Inc.

For example, the Georgia Court of Appeals recently addressed the question of whether a mother could sue her deceased son’s employer for wrongful death. The son drove a forklift at a warehouse owned by one of the defendants. The warehouse owner contracted with another defendant, a staffing company, to hire temporary workers for the facility.

Insurer Liable for $5.4 Million Judgment in Defective Auto Repair Case

February 21, 2016 | Benjamin S. Persons, IV

We often hear about cases in which a person is injured in an accident due to a defect in the manufacturing of a car. But there are also cases in which someone may be injured due to an improper repair made to a car. As with manufacturing and design defects, a bad repair may not be immediately obvious to the driver, yet still produce catastrophic effects months, even years, later.

Lee v. Universal Underwriters Insurance Company

In 2005, a well-known auto manufacturer issued a recall for one of its 2000 model-year vehicles. An owner of one such vehicle brought his car to a Georgia dealership to receive the appropriate repairs. Unfortunately, the dealership’s service technician did not perform the repair correctly, causing damage to the vehicle’s cruise-control cable.

What Happens When Two Insurance Policies Cover the Same Accident?

February 12, 2016 | Benjamin S. Persons, IV

If you are injured in an accident and the other driver lacks sufficient insurance to cover any damages, you may turn to your insurance policy’s uninsured motorist coverage. But what happens if you are eligible for uninsured motorist coverage under two different insurance policies? Which policy has priority? The Georgia Court of Appeals recently addressed this question.

Sentinel Insurance Company v. USAA Insurance Company

This case began with a rear-end collision. One driver sued the other for negligence. The plaintiff also served two insurance companies as co-defendants. She claimed eligibility for uninsured motorist benefits under both companies’ policies.

Georgia Police Officer Faces Wrongful Death Lawsuit for Fatal Shooting

February 5, 2016 | Benjamin S. Persons, IV

A wrongful death lawsuit is designed to compensate the surviving family members of a homicide victim. Under Georgia law, a spouse may file a wrongful death claim, and if the victim had no spouse, that right falls to the victim’s children. A wrongful death claim exists separate and apart from any lawsuit that may be filed by the victim’s estate—that is, on behalf of the victim.

Felio v. Hyatt

Wrongful death cases are often difficult to bring against government employees, who enjoy a broad degree of immunity for their official acts. But such claims are not impossible. A recent decision by the 11th U.S. Circuit Court of Appeals in Atlanta offers a useful illustration.