Marietta Injury Lawyer Blog

County Police Officer Not Liable for Fatal Horse-Car Collision

February 20, 2015 | Benjamin S. Persons, IV

Animal control is an often overlooked aspect of law enforcement. Under Georgia law, sheriffs and other local law enforcement officers have a duty “to impound livestock found to be running at large or straying.” But, what happens when a law enforcement officer’s failure to perform this duty leads to the serious injury or death of a human being? The Georgia Court of Appeals recently had to answer this question.

Williams v. Pauley

This tragic case began when a horse strayed onto Highway 27 in Floyd County early one morning. A 911 operator received a call regarding the horse and dispatched a Floyd County police officer to investigate. The officer arrived at the scene and located the horse on the highway’s median. He followed the horse in his police vehicle for a few minutes before the animal “took off.” The officer then approached the horse on foot and gained a tentative hold. Still on the median, the officer walked the horse back towards his police vehicle, where the officer contacted his supervisor on the radio, seeking further direction on how to control the animal.

Indemnification Clause Does Not Protect Railroad From $16 Million Judgment

February 17, 2015 | Benjamin S. Persons, IV

Indemnification is an important concept in personal injury law. Basically, if A indemnifies B, and C sues B for negligence and wins, B can then sue A to recover some or all of the cost of paying the damage award to C. Business contracts often contain indemnification clauses to address potential personal injury lawsuits arising from the relationship.

CSX Transportation, Inc. v. General Mills, Inc.

Here is a recent example of how courts apply Georgia law to indemnification clauses. This dispute involved an alleged breach of contract. The parties were CSX Transportation, the railroad company, and cereal manufacturer General Mills, which operates a plant in Newton County. General Mills hired CSX to construct a private “sidetrack” connecting its plant with CSX’s main railroad line. Under the agreement, General Mills had the right to handle some of the “switching” operations—the process of moving and connecting railroad cars to a train—independent of CSX. Accordingly, the contract contained an indemnification clause whereby General Mills “assume[d] all risk of loss, damage, cost, liability, judgment and expense (including attorneys’ fees) in connection with any personal injury” arising from any switching it oversaw.

Federal Judge Says Mother Cannot Sue for Stillborn Child’s “Pain and Suffering”

February 13, 2015 | Benjamin S. Persons, IV

The death of a child is always a tragedy for the parents. When that death is the result of negligence or medical malpractice, the parents will understandably seek justice against the responsible professionals. But, justice is a more complicated matter when the child dies before birth. A recent decision by a federal judge in Atlanta addresses the difficulty raised when trying to decide when life begins for purposes of the law.

Durden v. Newton County

This sad case arises from a 2012 incident involving a pregnant woman incarcerated in Newton County. An Alabama-based contractor helped provide the woman’s medical care while in prison. The prison and the contractor understood this was a “high-risk” pregnancy.

Insurer Not Liable for Judgment Against Babysitter in Toddler Drowning Case

February 6, 2015 | Benjamin S. Persons, IV

When a child dies on someone’s property as the result of negligence, the property owner and other responsible parties may be held liable for millions in damages. Many property owners take out insurance policies to protect them against such judgments. But how far do these policies extend? A recent federal case arising from the death of a Georgia toddler helps illustrate how insurance helps (or does not help) in such situations.

Moon v. Cincinnati Insurance Company

In March 2009, a two-year-old child died after drowning in a swimming pool located at on a property in Buford. At the time, the child was under the care of a babysitter, who was watching multiple children on the property, where she also lived. The babysitter’s father owned the property.

Defendant Fails to Evade Service of a Personal Injury Lawsuit

January 30, 2015 | Benjamin S. Persons, IV

If you are injured in a car accident as the result of someone else’s negligence, you should be mindful of legal time limits to file a lawsuit against the responsible parties. Under Georgia law, the statute of limitations for filing a personal injury claim is two years “after the right of action accrues,” such as when the car accident took place. But it is not enough to simply file your complaint in court; you must also serve the defendants with your lawsuit before the two-year period expires.

Service is the formal process of notifying a defendant of your lawsuit. If the defendant lives in Georgia, service must be done in person, usually through the local sheriff’s office. As will be explained below, the rules for service are different when the defendant is a non-resident. In any case, improper service may lead to dismissal of your case.

Arias v. Cameron

Negligence Settlement Leads to Litigation Between Defendants

January 23, 2015 | Benjamin S. Persons, IV

When there are multiple defendants in a personal injury lawsuit, those defendants may choose to work together in litigating or settling a claim. But sometimes these joint efforts result in additional litigation. One defendant may settle and demand the other pay for part of that settlement. An ongoing case in a Georgia federal court illustrates how these situations can play out.

Gold Cross EMS, Inc. v. The Children’s Hospital of Alabama

This case began in 2009, when a hospital in Georgia asked a hospital in Birmingham, Alabama, to accept one of its patients, a two-year-old burn victim. The Alabama hospital hired an ambulance company to transport the child from the Georgia hospital to a nearby airport. The Alabama hospital sent two of its employees to supervise the child’s care during the transfer. The child was secured to a stretcher during transport.

Federal Judge Says Auto Insurer Can’t Preempt Non-Existent Lawsuit

January 16, 2015 | Benjamin S. Persons, IV

In 1992, the Georgia Supreme Court held an auto insurance company may be liable if it is “guilty of negligence, fraud, or bad faith” in failing to settle a potential claim against a policyholder. The case involved a woman who was responsible for a car accident. The victim’s attorney presented the driver’s insurance company with an offer to settle her personal injury claims. The offer had a ten-day limit. The insurance company failed to respond. The Supreme Court said the company could be held liable for acting in bad faith, not just for refusing to respond before the deadline, but because it knew its policyholder was responsible for the accident, and the claim was therefore valid.

Owners Insurance Company v. Parsons

Another insurance company attempted to invoke this 1992 case in more recent litigation. Here, the subject is a 2013 automobile accident. Driver A accused Driver B of causing the accident. Driver A then sent Driver B’s insurance company a “time-limited settlement offer” seeking the policy limit of $50,000. The time limit was 30 days.

Federal Judge Says Mother of Injured Child May Sue Mall Manager

January 9, 2015 | Benjamin S. Persons, IV

A key step in bringing any personal injury lawsuit is deciding what court to file in. While personal injury claims are mostly governed by state law, federal courts have jurisdiction to hear cases where there is “complete diversity” among the parties. This means that none of the plaintiffs can reside in the same state as any of the plaintiffs. For example, if the plaintiff is a Georgia resident and there is one defendant who resides in Florida, there is complete diversity and the case should be heard in federal court. However, if there is a second defendant who also resides in Georgia, the case would be tried in state court. (Corporations usually “reside” in the state of their incorporation, not necessarily where they do business.)

Ishmael v. General Growth Properties, Inc.

Here is an illustration of how courts sort out jurisdiction. This case arises from a toddler injured at a mall in Augusta. The child fell into a water fountain located inside the mall. The child’s mother sued a number of defendants, accusing them of maintaining a “dangerous condition” by locating the fountain near a children’s play area.

The Importance of the “Doctor-Patient Relationship” in Malpractice Cases

January 9, 2015 | Benjamin S. Persons, IV

Under Georgia law, you can only bring a medical malpractice claim against someone you were in a “doctor-patient relationship” with. This does not necessarily mean the doctor must physically examine you. A doctor-patient relationship can exist whenever a physician participates in someone’s diagnosis or treatment, or where the patient seeks and receives assistance of any kind from the physician.

Tomeh v. Bohannon

The Georgia Court of Appeals recently issued two decisions regarding the scope of the doctor-patient relationship. The first case involved the death of a premature newborn. A pregnant mother was taken to an Atlanta-area hospital, where her baby was delivered by Cesarean section and died shortly thereafter. The mother subsequently sued the hospital and several medical providers involved with her son’s delivery.

Appeals Court Allows Wrongful Death Lawsuit Against State Road Contractor to Proceed

January 2, 2015 | Benjamin S. Persons, IV

Poorly designed and maintained roads are a factor in many automobile accidents. The Georgia Court of Appeals recently addressed an ongoing lawsuit where the plaintiffs allege failures by the State of Georgia and its contractors to post proper signs near a road maintenance site led to a fatal accident. Although the appeals court did not comment on the merits of the case, it did allow much of the lawsuit to proceed against a state-hired contractor.

Georgia Department of Transportation v. Owens

Three U.S. Army members were out celebrating with a friend. The group left an Atlanta nightclub sometime after 2 a.m. in a rented Jeep. Around 5 a.m., the jeep struck an asphalt truck making a delivery to a construction site at the 10th Street Bridge in Atlanta. The driver of the Jeep was killed.