Marietta Injury Lawyer Blog

Appeals Court Revives Hospital Defense in Infant Malpractice Case

December 26, 2014 | Benjamin S. Persons, IV

Medical malpractice can have a devastating impact on anyone, but especially infants. Medical personnel should always be vigilant when treating their tiniest patients, but unfortunately, sometimes the standard of care falls below accepted medical norms. Georgia law can complicate malpractice cases, however, by requiring a higher standard of proof when the personnel work for an emergency room or emergency department. A recent decision by the Georgia Court of Appeals illustrates the difficulties plaintiffs face in such cases.

Hospital Authority of Valdosta/Lowndes County v. Brinson

This case began with the premature birth of a baby boy in 2010. About a month after the child’s birth, he was hospitalized and treated for pneumonia. Several weeks after that, his mother brought him to the emergency room of a local hospital. She said he was presenting a number of symptoms, including an unusual level of crying and a fever.

Supreme Court Rejects New Trial Based on Alleged Juror Bias

December 19, 2014 | Benjamin S. Persons, IV

While many personal injury lawsuits settle without the need for a trial, plenty of cases still go before a jury. Jurors are supposed to be fair and impartial. Attorneys for both sides question prospective jurors to screen them for possible biases. But the system is not perfect. The United States Supreme Court recently dealt with a case where there was evidence of juror bias that may have unduly affected the verdict in favor of a defendant.

Warger v. Shauers

Personal injury cases, such as those arising from an automobile accident, are almost always tried under the law of the state where the accident took place. But when the parties are from different states—say, the plaintiff lives in Georgia and the defendant is an insurance company based in Delaware—the case is tried in a federal court. This means that, while the underlying negligence claim is decided according to the forum state’s laws, the rules governing the trial itself are determined by Congress and the Supreme Court.

Appeals Court Says Insurer May Be in Default for Late Filing

December 15, 2014 | Benjamin S. Persons, IV

In any civil lawsuit, it is important for all parties to comply with certain deadlines. Courts require filing of documents within a certain time, and failure to comply can result in an adverse decision. A major auto insurance company recently learned that lesson from the Georgia Court of Appeals

Kelly v. Harris

In this case, the plaintiff was in an automobile accident with the defendant, who was an uninsured motorist. Because the defendant was uninsured, the plaintiff also served his own insurance company, seeking benefits under his uninsured motorist coverage. The insurance company later joined the lawsuit.

Court of Appeals Rules Midwives Can Offer “Expert” Testimony Against Nurses

December 8, 2014 | Benjamin S. Persons, IV

Expert testimony is usually the key to winning a medical malpractice case. Georgia law governs the admission of expert testimony. In a lawsuit alleging negligence against a medical professional, a proposed expert must be “a member of the same profession” as the defendant. In other words, a pharmacist cannot offer expert testimony in a malpractice case against a neurosurgeon.

A divided Georgia Court of Appeals recently addressed a much closer question: is a certified nurse midwife in “the same profession” as a registered professional nurse?

Dempsey v. Gwinnett Hospital System, Inc.

City Not Liable for Accident Caused by Officer “On Loan” to County

December 1, 2014 | Benjamin S. Persons, IV

Normally, if an employee acting within the scope of his or her employment commits negligence, the employer is considered liable. Under Georgia law, one exception to this rule exists when the employer “lends” the employee to another employer. If the employee then commits negligence while working on loan to the second employer, the first employer is not liable. The Georgia Court of Appeals recently applied this “borrowed-servant” exception in a personal injury lawsuit brought by a woman injured by a police officer.

Garden City v. Herrera

The incident took place in July 2010. The victim was driving her vehicle in Chathan County. A Garden City, Georgia, police officer, was driving his vehicle and struck the victim’s car. The victim suffered serious injuries as a result and sued numerous parties, including the City of Garden City.

Bar Owner Not Liable for Customer’s Drunk Driving Death

November 21, 2014 | Benjamin S. Persons, IV

Is a bar owner liable for the death of a customer who drinks to excess and kills himself in a subsequent automobile accident? In Georgia, the answer is usually “no.” The Georgia Supreme Court recently elaborated on this principle in rejecting a wrongful death lawsuit brought by the wife of a man who died precisely in this manner.

Dion v. Y.S.G. Enterprises, Inc.

In September 2011, a man entered a sports bar at around 2:30 in the afternoon. He proceeded to drink for the next eight hours, leaving the bar just before 11 p.m. He was visibly intoxicated and a bar employee unsuccessfully attempted to take the man’s car keys. After leaving the bar, the man got into a single-car accident and died. His reported blood-alcohol level at the time of his death was .282, more than three times the legal limit.

Determining “Ordinary Care” in a Rear-End Collision

November 17, 2014 | Benjamin S. Persons, IV

A driver must exercise “ordinary care” when driving on Georgia roads. When an accident occurs, the courts must sort out each driver’s negligence, or lack thereof, in determining liability. In the case of a rear-end collision, for instance, neither the leading nor the following vehicle is automatically presumed to be at fault.

Dogan v. Buff

This principle recently came up in a Georgia Court of Appeals decision. The case arose from back-to-back accidents that occurred in 2009 on Interstate 75. Four vehicles were involved altogether. The plaintiff was driving a van in the third lane of the five-lane highway. The defendant was driving a tractor-trailer for his employer. There was a truck in front of the plaintiff and a fourth vehicle, a BMW, in the lane to the plaintiff’s left.

Appeals Court Says Hero Security Officer Cannot Recover Against Mall Owner

November 10, 2014 | Benjamin S. Persons, IV

In March 2007, a security officer working at an Atlanta mall intervened to stop a robbery at a jewelry store. The officer shielded a mall patron’s body as one of the robbers opened fire. The officer was seriously injured and died several years later. Two other people were also injured by gunfire.

Unfortunately, the security officer’s heroism that day did not help his estate in court. The officer initially filed a premises liability lawsuit, accusing the mall’s owners of negligence in managing the property. A trial court granted these defendants’ motion for summary judgment, and in opinion issued on November 3rd of this year, a three-judge panel of the Georgia Court of Appeals affirmed.

Swope v. Greenbriar Mall Limited Partnership

Appeals Court Says Defense Attorney’s Closing Arguments Did Not Influence Jury

November 3, 2014 | Benjamin S. Persons, IV

An attorney’s opening and closing arguments during trial should not be confused for evidence. The attorney may attempt to persuade the jury on how to best interpret the evidence introduced at trial. But a jury is not supposed to substitute rhetoric for evidence.

Recently, the Georgia Court of Appeals addressed the issue of whether the content of an attorney’s closing statements could justify overturning the jury’s verdict. The underlying case was a personal injury lawsuit where the jury had to determine the relative fault of two drivers. The jury ruled for the defendant, prompting the plaintiff to argue defense counsel’s closing arguments improperly affected the decision.

Young v. Griffin

Store Owner Not Liable for Hazard Created by Child Running in the Aisles

October 27, 2014 | Benjamin S. Persons, IV

What is the liability of a store owner for a potential tort committed by members of the public? The Georgia Court of Appeals recently addressed this question. The case involved a woman who claimed she was injured as the result of a collision with an unsupervised child.

Ingles Markets, Inc. v. Carroll

According to the plaintiff, she visited a grocery store in Villa Roca, Georgia, one afternoon in February 2012. As she walked down a store aisle, the plaintiff said a boy—about 11- or 12-years old—ran down the aisle, knocked into her, and caused her to fall. The plaintiff then filed a personal injury lawsuit against the child’s parents and the store.