Georgia personal injury attorney

Gas Company Not Responsible for Atlanta Natural Gas Explosion

December 29, 2016 | Benjamin S. Persons, IV

Every year in the United States, natural gas explosions cause an average of 17 deaths, 68 injuries, and $133 million in property damage, according to a 2014 study published by the American Chemical Society. What is a gas company’s liability for personal injury claims brought by explosion victims? The Georgia Court of Appeals recently addressed this question.

Westbrook v. Atlanta Gas Light Company

This case arose from a 2010 natural gas explosion in Atlanta. The plaintiffs were a man and woman injured in the explosion. The male plaintiff had rented a detached apartment on a residential property. Prior to the plaintiff moving in, the owner contacted the local gas company to turn the gas on in the apartment.

Disputed Traffic Sign Leads to Revival of Accident Lawsuit

December 17, 2016 | Benjamin S. Persons, IV

As a general rule, a driver is considered negligent, and therefore responsible for a car accident, if he or she disregards traffic signs. For example, if a driver speeds through a red light and hits another vehicle, he or she is liable for any damages sustained by the other driver. In some car accident cases, however, it may not be immediately apparent whether a driver was reckless in failing to obey traffic signs.

Richards v. Robinson

Here is an illustration from a recent Georgia Court of Appeals decision. This case involves a two-car accident that occurred in Gwinnett County. The defendant was driving a school bus in the far-right eastbound lane of Five Forks Trickhum Road, which intersects the Ronald Reagan Parkway. The plaintiff was driving his vehicle on the eastbound land of Five Forks Trickhum Road.

Can My Facebook Page Be Used Against Me in a Personal Injury Lawsuit?

November 3, 2016 | Benjamin S. Persons, IV

Most of us participate in some form of social media, such as Facebook, Twitter, or Instagram. But because social media makes it so easy to keep in touch with friends, family members, and colleagues, we often forget that most of what we post to these sites become public record. There is no true privacy online, and even if you later delete an embarrassing (or incriminating) message, there is no guarantee it has not been stored somewhere else, waiting to be used against you at a later time.

One place an unfortunate social media post may work against you is a personal injury lawsuit. In a typical personal injury claim, the plaintiff seeks compensation for economic damages–i.e., medical costs and lost wages incurred as a result of the defendant’s negligence and noneconomic damages for things like “pain and suffering.” The defendant, in turn, will look for any evidence to minimize a potential damage award, and if possible to prove the plaintiff suffered no genuine injury to begin with.

Social media can offer a bonanza of exculpatory evidence to an aggressive defendant. For example, let’s say a plaintiff is in a car accident and sues the defendant for negligence. The plaintiff alleges that she suffered permanent injuries in the accident and is therefore unable to perform the same recreational activities that she could before the accident. If the defense subsequently finds a picture on the plaintiff’s Facebook page of her kayaking two weeks after the accident, that would obviously not be helpful to the plaintiff’s case.

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 Supreme Court Reinstates Malpractice Case After Upholding Expert Witness Requirements

July 30, 2016 | Benjamin S. Persons, IV

Medical malpractice is treated differently than most personal injury claims in Georgia. State law requires a malpractice plaintiff to submit an affidavit from a qualified expert who can attest that there is “at least one negligent act or omission claimed to exist and the factual basis for each such claim.” Without such an affidavit, a judge must dismiss the malpractice lawsuit.

To make things even more difficult for malpractice victims, Georgia law imposes specific qualifications on the experts who must submit the affidavits. The expert must have “actual professional knowledge and experience” in the same specialty as the defendant. This experience must include either “active practice” in the specialty “for at least three of the last five years” preceding the filing of the affidavit, or alternatively, teaching in that specialty for “at least three of the last five years as an employed member of the faculty” at a properly accredited educational institution.

Zarate-Martinez v. Echemendia

Georgia Court Sorts Out Responsibility for Deadly Three-Car Accident

July 17, 2016 | Benjamin S. Persons, IV

In a personal injury lawsuit, such as a negligence claim arising from a car accident, the plaintiff must establish causation—that is, how the defendant’s actions were the proximate cause of the plaintiff’s injury. If a plaintiff fails to advance a plausible theory of causation, a Georgia court may dismiss the case at the summary judgment stage.

Elder v. Hayes

In a recent case, the Georgia Court of Appeals dismissed a personal injury and wrongful death lawsuit against a driver involved in a three-car accident that took place in Athens, Georgia, in 2010. The critical legal issue was the plaintiff’s theories of causation against the defendant driver. The Court of Appeals determined there was insufficient evidence for a jury to find the defendant was responsible for the defendants’ injuries.

Federal Regulators Not Liable for Fatal Bus Crash

May 31, 2016 | Benjamin S. Persons, IV

In May 2011, a bus traveling from Charlotte, North Carolina to New York City swerved off Interstate 85 approximately 30 miles north of Richmond, Virginia. The bus hit an embankment and overturned. Consequently, four passengers died and several dozen more were hospitalized with injuries.

The bus company was a discount operator with a long history of accidents due to unsafe driver behavior. According to news reports at the time, the Federal Motor Carrier Safety Administration cited the operator “for 17 unsafe-driving violations” in the two years prior to the fatal Virginia accident. The FMCSA shut down the operator immediately after the accident.

Chhetri v. United States

Georgia Court Dismisses Two Car Accident Lawsuits Over Defective Notices

May 27, 2016 | Benjamin S. Persons, IV

A personal injury lawsuit, such as one seeking damages from a car accident, often involves complex questions of law. The complexity only increases exponentially when the the negligent party is a state agency. The Georgia Tort Claims Act (GTCA) governs all personal injury claims against the state and its employees. Unlike lawsuits against private parties, the GTCA requires a victim provide written notice to the state about any potential claim. A party that fails to strictly comply with every aspect of this pre-suit notice requirement will have their case dismissed without exception.

Silva v. Georgia Department of Transportation

As if to hammer home this point, a panel of the Georgia Court of Appeals recently issued two decisions on the same day dismissing GTCA claims for technical non-compliance with the pre-suit notice requirements. In the first case, the victim was rear-ended by a vehicle owned and operated by the Georgia Department of Transportation. In an attempt to comply with the GTCA, the victim’s attorney notified state officials of her claim. When the state did not object to the contents of the notice, the victim sued the state, seeking damages for medical expenses and other losses.

Widow Not Required to Disclose Personal Journal in Wrongful Death Lawsuit

May 20, 2016 | Benjamin S. Persons, IV

The family of a person who dies due to medical malpractice may bring a wrongful death lawsuit against the negligent health care providers. Doctors and hospitals are often resistant to admitting any liability in the death of a patient, and they may attempt to use the discovery process to obtain embarrassing information about the deceased—or a family member—that is not relevant to the underlying case. The Georgia Court of Appeals recently addressed such a case.

Gwinnett Hospital System, Inc. v. Hoover

The plaintiff in this case is a widow who died while under the medical care of the defendant hospital. She subsequently filed a wrongful death lawsuit against the defendant. The case has not yet proceeded to trial. During pretrial discovery, a dispute arose over a journal kept by the plaintiff.

Georgia Judge Sanctions Defendant for Losing Evidence in Truck Accident Case

May 6, 2016 | Benjamin S. Persons, IV

In any type of personal injury lawsuit, it is important for the parties to the case to preserve all evidence that may assist the court in determining the facts. Under no circumstances should a party ever intentionally withhold or destroy evidence. Even in cases where evidence may have been lost by accident, a judge may still interpret that as an intentional act and impose sanctions against the offending party.

O’Berry v. Turner

For example, a federal judge in Valdosta, Georgia, recently imposed sanctions against a pair of corporate defendants in an ongoing truck accident lawsuit. The underlying case involves a June 2013 incident. A man was driving his car when a tractor trailer allegedly swerved into his lane. The impact sent the car off the road and into a light pole. The driver and his passenger were injured and subsequently sued multiple parties, including the driver and owners of the tractor trailer.