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Motor carriers—persons and corporate entities who contract for the transportation of household goods or passengers—must carry insurance in order to legally operate in Georgia. Georgia law further provides a person injured as the result of a motor carrier’s negligence may directly sue the carrier’s insurance company for damages. But there are exceptions to this rule, as the Georgia Court of Appeals explained in a recent decision.

Mornay v. National Union Fire Insurance Co.

This case arose from the death of a 69-year-old woman who had been living in a nursing home. The woman was also receiving Medicaid benefits. The State of Georgia had a contract with a motor carrier to provide transportation services for Medicaid patients. The contractor, in turn, hired a subcontractor to help carry out the state contract.

In a product liability case, a plaintiff attempts to hold a defendant responsible for the negligent design of a product that caused injury. But, what if the “product” is a public roadway maintained by private contractors? Can a plaintiff injured in an automobile accident caused by a defectively maintained road sue the contractor responsible for the maintenance? The Georgia Court of Appeals recently addressed this question.

Brown v. Seaboard Construction Company

The plaintiff in this case was injured in a one-car accident. She was a passenger in a vehicle traveling down a causeway. The car hit a pothole filled with water, causing the vehicle to hydroplane and collide with a nearby guardrail.

It is often difficult to reconstruct the events of a motor vehicle accident. If the accident resulted in fatalities, the victims are obviously unavailable to testify. Other accounts may not be considered admissible evidence in court. The Georgia Court of Appeals recently addressed such a case.

Maloof v. Metropolitan Atlanta Rapid Transit Authority

In April 2005, a woman boarded an Atlanta para-transit bus in her wheelchair. The bus driver secured the wheelchair to the floor of the bus. Later, as the bus was traveling on the road, the driver suddenly veered into the adjacent lane and had to step on the brakes to avoid a collision with another vehicle. The sudden braking caused the woman to fall out of her wheelchair onto the ground. As a result, the woman’s leg was fractured, and she was rendered immobile for several months until she passed away.

Most personal injury cases are filed in state court. That is because most torts, including personal injury, are governed by state law. There are, however, times when a personal injury case is filed in state and then removed (transferred) to a federal court. This is typically done by out-of-state defendants, usually corporations, who believe the federal court gives them an advantage.

Federal courts are generally thought to be friendlier towards defendants than state courts. One reason for this is that, although state law still governs the underlying personal injury lawsuit, federal courts follow different rules regarding the admission of evidence than state courts. The federal rules are uniform throughout the country, while the rules in a Georgia state court are specific to the state.

That said, a defendant cannot remove a case from state to federal court unless certain legal requirements are met. First and foremost, there must be complete “diversity” among the parties. This just means the plaintiff and defendant must be residents of different states. For example, if a Georgia plaintiff files a personal injury lawsuit against a business incorporated in Florida, there is complete diversity.

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 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.

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.

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.

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

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.

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