wrongful death

Georgia Agency Faces Wrongful Death Lawsuit Over Abused Toddler

February 17, 2017 | Benjamin S. Persons, IV

In his recent State of the State address, Gov. Nathan Deal praised the work of Georgia’s Division of Family and Child Services (DFCS), whose employees are charged with protecting abused and neglected children. The governor singled out a case manager in Telfair County who saved an infant’s life. He also proposed a 19% wage increase for case managers throughout Georgia, noting that the state pays its child welfare workers less than every other state in the southeast aside from Louisiana.

Cowart v. Georgia Department of Human Services

Despite the governor’s support, not everyone is satisfied with the the work of the state’s case managers. In fact, the Department of Human Services, which oversees the DFCS, is currently facing a wrongful death lawsuit brought by the estate of a child who died, allegedly after a case worker failed to follow up on serious abuse allegations. The Georgia Court of Appeals recently reversed a trial judge’s decision dismissing the case, citing the need for additional evidence on a key legal issue.

Georgia Geriatrics Doctor Faces Trial in Fatal Bedsores Case

January 26, 2017 | Benjamin S. Persons, IV

Nursing homes and rehabilitation centers are responsible for patients who require ongoing medical care. When these facilities fail to follow proper protocols, the results can be fatal. Under Georgia law, any health care provider may be liable for wrongful death if there is a breach of duty that is the “proximate cause” of the patient’s demise.

Fields v. Taylor

The Georgia Court of Appeals recently reinstated a wrongful death claim against a geriatrics doctor in Dublin. The lawsuit was brought by the daughter of a woman who died six years ago while under the defendant’s care at a rehabilitation center. The deceased had been admitted to the center temporarily while the daughter, her mother’s caregiver, was unavailable.

Do I Need to Preserve My Wrecked Car Following an Accident?

November 18, 2016 | Benjamin S. Persons, IV

In any kind of personal injury lawsuit, it is critical for the parties to the case to preserve any evidence that may be relevant to the litigation. If a party intentionally or negligently destroys relevant evidence, this is known as spoliation, and a judge may impose sanctions, up to and including dismissing the case (if the plaintiff is at fault) or issuing a default judgment against the defendant. However, a court must also consider all relevant facts and circumstances in deciding whether or not sanctions are necessary.

Cooper Tire & Rubber Company v. Koch

A recent Georgia Court of Appeals decision illustrates how not all spoliation is fatal to a plaintiff’s case. This decision involves an ongoing product liability claim arising from a fatal car accident. The victim was driving his vehicle on a Georgia interstate “when his left rear tire detached,” according to court records. The vehicle “swerved out of control,” hit a guardrail, overturned “several times,” and finally came to a stop in a ditch.

Georgia Judge Erred in Requiring Expert Testimony to Prove Woman Died in House Fire

October 31, 2016 | Benjamin S. Persons, IV

Expert testimony is often a critical component of a personal injury case. Judges and jurors are not technical experts and often require assistance in understanding evidence. When it comes to “simple negligence,” though, expert testimony is generally unnecessary. A jury does not need help when common sense is sufficient to weigh the evidence and reach a logical conclusion.

Gardner v. Clark

The Georgia Court of Appeals recently addressed a tragic case in which a trial judge improperly demanded expert testimony where none was necessary. The plaintiffs in this case were the children of a woman who died in November 2009. The mother lived in a mobile home that she rented from the defendant.

Family Fights Marietta Nursing Home for Justice in Mother’s Death

October 2, 2016 | Benjamin S. Persons, IV

Many elderly Georgia residents are victims of nursing home abuse and neglect. In order to avoid potential personal injury and wrongful death lawsuits from injured patients, many nursing homes insist their residents sign “alternative dispute resolution” (ADR) agreements that require any negligence or malpractice claims be submitted to binding arbitration. While arbitration can be beneficial in certain cases, it still requires a potentially vulnerable nursing home resident to forfeit access to the courts and other important legal rights.

Kindred Nursing Centers LP v. Chrzanowski

Georgia courts tend to enforce ADR agreements even where there is evidence that a nursing home resident was not necessarily in their right mind when they purportedly agreed to arbitration. A recent decision by the Georgia Court of Appeals illustrates the uphill climb victims of nursing home abuse—or in the case, their families—face in seeking their day in court.

Georgia Judge Settles Question of Who Owned Car on Day of Fatal Accident

August 13, 2016 | Benjamin S. Persons, IV

Insurance policies frequently cover any damages incurred due to a car accident. But it is not unusual in Georgia for insurance companies to disclaim or otherwise reject coverage if the insured does not strictly comply with all terms of the policy. In some cases, insurance companies may end up fighting among themselves over who is liable for any damages arising from a personal injury claim.

Selective Insurance Company of America v. Russell

A federal judge in Gainesville recently addressed such a case. This is one of two lawsuits arising from a 2011 car accident. Two vehicles collided, resulting in the death of a passenger in one of the cars. The driver of Car A and the estate of the deceased passenger sued the driver of Car B in Georgia state court.

Railroad Not Liable for Fatal Accident at Gwinnett County Crossing

July 14, 2016 | Benjamin S. Persons, IV

If you are driving and there is a sudden emergency—for example, an accident takes place in front of you and you instinctively swerve to avoid the collision—can you be held liable for your own actions? In many cases, the answer is no. Georgia law recognizes a “sudden emergency” defense. This applies when a person faces a “sudden peril” and, lacking adequate time to assess the situation, takes immediate action that may result in injury to another. Keep in mind, this defense is only available when the person asserting it did not actually cause the emergency.

Smith v. Norfolk Southern Railway Company

The Georgia Court of Appeals recently addressed the application of the emergency defense doctrine to a wrongful death lawsuit arising from a series of accidents that took place on and around a railroad crossing located in Gwinnett County. A pickup truck was traveling southbound towards the crossing. The driver of the truck sped towards a yellow light. The light turned red as the truck entered the intersection. At this point, the truck collided with a van that was attempting to make a left-hand turn into the intersection.

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 City Faces Wrongful Death Trial Over Teenager’s Suicide

April 22, 2016 | Benjamin S. Persons, IV

In Georgia, the family of a deceased person may file a wrongful death lawsuit if there is evidence that someone else’s negligent or criminal acts were the cause of death. A common example would be a person killed in a drunk driving accident. In such circumstances, the family of the victim might pursue a wrongful death claim against the drunk driver.

Mayor and City of Richmond Hill v. Maia

What about a case in which a negligent act leads the victim to commit suicide? Can the family still bring a wrongful death claim? The Georgia Court of Appeals recently addressed this question.

Georgia Hospital Not Liable for Hundreds of Forged Mammograms

April 15, 2016 | Benjamin S. Persons, IV

Employers are normally liable for the acts of their employees. In tort law this is known as vicarious liability. In Georgia, vicarious liability applies whenever an employee acts “by [the employer’s] command or in the prosecution and within the scope of [the employer’s] business, whether the same are committed by negligence or voluntarily.” In other words, if you direct your employee to complete a particular task, and in doing so he injured another, the victim can sue you for damages.

Jefferson v. Houston Hospitals, Inc.

But what about a case where the employee ignores your instructions? A recent decision by the Georgia Court of Appeals illustrates how employers may be able to get off the hook even in cases of egregious employee misconduct. The case arises from a 2014 incident that made national headlines. In April 2014, a former technician at a hospital in Perry, Georgia, pleaded guilty to 10 counts of reckless conduct and one count of felony computer forgery.