Negligence

Published on: February 25, 2015

Georgia Supreme Court Rules on City’s Immunity For Negligence in Car Accident Lawsuit

Car accidents are often caused by negligence of some sort. Under Georgia law, negligence is essentially the lack of the degree of care exercised by an ordinarily prudent person under the same or similar circumstances. Negligence within the realm of a car accident can take many forms, such as driver distraction or impairment, excessive speed, failure to obey other safety laws, and a faulty vehicle part or maintenance. Unfortunately, no matter what the cause, automobile accidents are often the cause of driver or passenger injuries. Victims who have sustained such injuries are often eligible to recover damages for their pain and suffering, as well as other losses. An experienced injury attorney from the local Atlanta area would be able to assess your case and potential for a recovery under Georgia’s personal injury laws.

At the outset of any accident case, it is important to determine the people or entities who may be liable for your injuries. This is important for several reasons, including the need to provide legal notice to those parties, the possibility that they may raise unique defenses to the claims, and the significance of holding those responsible for the accident accountable in some meaningful way. In a recent case, Primas v. City of Milledgeville (Ga. Sup. Ct. 2015), the plaintiff was injured in a vehicle accident while driving a van owned by the City of Milledgeville. According to the facts revealed at trial, as the plaintiff approached an intersection and attempted to brake, the brake line failed. The plaintiff managed to steer off the road, but she crashed into a utility pole and sustained injuries.

Published on: February 18, 2015

Georgia Court Refuses to Enforce Hospital Lien Stemming From Insured’s Injuries in Car Accident

By Stephen M. Ozcomert

The Governor’s Office of Highway Safety in Georgia compiles and maintains a wide variety of data pertaining to vehicle accidents, injuries, and fatalities on State roadways. For instance, the information identifies accidents by the type of vehicle, the cause of the incident, and whether the use (or lack thereof) of a seatbelt was a factor in the outcome. Perhaps by making this data available, drivers will become more aware of the seriousness of the impact car accidents can have on people’s lives.

Those who have suffered injuries as a result of another’s negligence on Georgia roads, at the very least, may have an opportunity to recover damages to ease their pain and suffering. To ensure that you present the best case in accordance with the laws applicable to accident claims in and around Atlanta, you are encouraged to contact a local, experienced injury attorney as soon as possible.

Published on: January 27, 2015

Georgia Court Denied City of Atlanta’s Motion in Car Accident Case

By Stephen M. Ozcomert

A personal injury complaint alleging negligence on behalf of another party is considered a “civil action.” Courts and the parties involved are required to follow Georgia procedural law governing civil practice. When a plaintiff brings such an action against another entity or person, the defendant often responds to the complaint with a motion for summary judgment (among other defenses or responses), denying any liability or responsibility for the damages sought. Whether a court grants the motion depends in large part on the sufficiency of the pleadings and proof offered by the plaintiff. If you have been injured in a car accident, you are encouraged to contact an experienced Atlanta injury attorney who understands the procedural laws applicable to your negligence case and can prepare the best strategy under the circumstances.

Under Georgia law, a court will grant a defendant’s motion for summary judgment when there is “no genuine issue of material fact.” This would mean that the “movant” is entitled to judgment as a matter of law. If a court grants a defendant’s motion for summary judgment, the jury will not have an opportunity to review and decide the particular issue in question. In a recent case, City of Atlanta v. Kovalcik et al. (Ga. Ct. of App. 2014), plaintiffs brought a wrongful death action on behalf of their daughter, Stephanie Kovalcik, who died in a car accident on Peachtree Road, an Atlanta roadway that was recently reconfigured.

Published on: January 20, 2015

Georgia Court Reviews Employer Liability In Car Accident Case

By Stephen M. Ozcomert

A victim of a car accident who has been injured due to another person’s negligence may be entitled to recover damages for any resulting pain and suffering. In addition to ensuring that you assert the required elements in order to successfully state a claim for relief, it is vitally important that you also understand against whom you may seek relief. This is a complicated way of saying that one or more entities or parties may potentially be liable for your injuries, and it simply depends on the circumstances surrounding your case. For help with your car accident claim, you are encouraged to contact an experienced injury attorney from the Atlanta area, someone who handles such matters on a day to day basis.

Getting the right information and legal guidance at the outset can dramatically affect the results of your claim. In a recent case, Garden City, GA v. Herrera (Ga. Ct. of App. 2014), the court of appeals was asked to determine whether a Georgia municipality could be held liable for damages resulting from a car accident involving one of its employees. Under Georgia case law, employers may be liable for the negligence of their employees based on the principle of “respondeat superior.” Under this concept, the employer may be liable if the employee’s negligent conduct occurred while acting within the scope of his or her employment. As with many legal doctrines, there are certain exceptions to this general rule.

Published on: January 13, 2015

Georgia Court Allows Trip-and-Fall Case to Go Forward, Citing “Spoliation of Evidence”

By Stephen M. Ozcomert

Personal injury cases come in many forms, but in all negligence actions, the injured party must plead and prove a variety of factors, depending on the nature of the lawsuit. In slip-and-fall or trip-and-fall cases, also known as premises liability claims, the plaintiff must show that he or she sustained injuries on the defendant’s property due to the property owner’s failure to maintain the premises in a reasonably safe condition. Essentially, the plaintiff must plead and prove that the defendant acted in a negligent manner, and that such conduct proximately caused his or her injuries. In order to successfully bring a premises liability action against a property owner, it is important that you seek the advice of an experienced injury attorney from the Atlanta area, someone who is fully aware of the local laws and rules affecting such cases.

In many premises liability lawsuits, the defendant – the owner of the property – will bring a motion for summary judgment in its favor. Under Georgia law, courts must determine whether the moving party has demonstrated that there is no genuine issue of material fact, and that the facts as presenteda warrant judgment as a matter of law. In many cases, however, courts will refuse to grant a summary judgment motion, determining that there are questions of fact that must be determined by a jury. This affords the plaintiff an opportunity to present evidence supporting his or her negligence claims.

Published on: January 6, 2015

Personal Injury Claims in Car Accident Lawsuit Must Follow Legal Procedure

By Stephen M. Ozcomert

A victim injured in a car accident may be entitled to a recovery for any resulting pain and suffering. The injured party typically could file a personal injury action against the negligent person (or persons), setting forth the legal elements under the applicable law. A personal injury lawsuit is considered a civil case, many aspects of which are governed by Georgia’s civil practice rules. The law prescribes timelines and deadlines for various court filings throughout the proceedings. In order to ensure that you assert a viable claim for damages, within the correct time frame, it is essential that you contact an experienced injury attorney from the Atlanta area, someone who is fully apprised of the local legal procedure.

In a recent car accident case, Kelly v. Harris, et al. (Ga. Ct. of App. 2014), the parties disputed the timeliness of certain court pleadings. Here, the plaintiff was in an automobile accident with an uninsured motorist. According to the complaint, the plaintiff asserted that the defendant was negligent in failing to yield as he turned left, directly into the plaintiff’s path, causing the crash. At the time of the accident, the plaintiff had an insurance policy with GEICO that provided uninsured motorist benefits, and he notified the company that he intended to file an insurance claim in connection with the accident. After filing the complaint against the defendant, the plaintiff served GEICO with a copy of the summons and complaint approximately eight months later.

GEICO moved for summary judgment, claiming that the plaintiff failed to comply with the insurance policy’s notice provision, requiring him to notify GEICO as soon as possible after the accident. The plaintiff moved for a default judgment against GEICO for failing to file a timely answer. The trial court granted GEICO’S motion, finding that its answer was timely under an earlier Georgia case (which was later revealed to contain a typographical error – precluding such a finding), and that the state’s Uninsured Motorist Act permits an Uninsured Motorist Carrier (“UMC”) to file no answer. The plaintiff appealed, arguing that the court should have found GEICO in default for failing to file a timely answer.

Published on: December 30, 2014

Georgia Court Reviews Sovereign Immunity Defense in Negligence Action

By Stephen M. Ozcomert

A car accident victim who sustains injuries as a result of another’s negligence may be eligible to recover some amount of damages for associated pain and suffering. The key is to evaluate the case in a timely manner with the assistance of an experienced injury attorney who knows and understands the laws and court procedures applicable to cases filed in the Atlanta area. A seasoned lawyer who routinely handles car accident claims would be able to prepare the best strategy in accordance with Georgia negligence law.

There are many different issues to take into account in any personal injury action involving motor vehicles, including trucks, motorcycles, and cars. One of the most important matters to identify early on is the issue of negligence: who owed a duty of care to the plaintiff and failed to heed that obligation, thereby causing the plaintiff’s injuries. But in some cases, the courts require parties to plead and prove preliminary issues before the substance of the case, such as the right to bring an action against the allegedly responsible party.

Published on: December 17, 2014

Georgia Court Reviews State Uninsured Motorist Statute in Car Accident Law Suit

By Stephen M. Ozcomert

Car accidents have the potential to cause wide-ranging and long-lasting injuries to the people involved. Georgia law provides the injured victim with recourse against a negligent driver. While there are several elements to plead and prove in any personal injury action, the legal questions do not stop there. Add to this complex scenario the issue of insurance coverage: do the drivers have automobile insurance, which policies apply to the circumstances of the accident, and to what extent will the plaintiff be entitled to a recovery? All of these questions frequently arise in claims arising from vehicle accidents on Atlanta roadways. If you have been injured as a result of another’s negligence, it is essential that you contact an injury attorney as soon as possible to determine the extent of your right to damages.

One of the most potentially confusing matters in virtually every car accident lawsuit is the question of insurance coverage. There are many different kinds of policies that “kick in,” depending on the language of the agreements and the facts surrounding the collision. Sometimes, a plaintiff is entitled to recover under more than one policy. In a recent case, Donovan v. State Farm Mutual Insurance Co. (Ga. Ct. of App. 2014), the plaintiff, Lara Donovan, was a passenger in a pick up truck when the truck collided with a vehicle being driven by Jonathon McMillon. Donovan claimed that she sustained injuries that exceeded $100,000. Donovan had been living with her mother at the time of the accident.

Published on: December 3, 2014

Georgia Court Rejects Plaintiff’s Injury Claim After Fall on Icy Surface

By Stephen M. Ozcomert

Slip-and-fall negligence cases arise under many different sets of circumstances. Depending on the particular facts, a plaintiff who has been injured may or may not be entitled to a recovery. One aspect of liability concerns the relationship between the injured party and the entity or person who is allegedly at fault. According to Georgia law, a business owner owes a duty of ordinary care to its invitees. But courts have held that this non-delegable duty of care is not applicable to an independent contractor. While this may seem confusing, an experienced injury attorney would know precisely how the local laws will apply to your injury case. If you have been injured on another’s property, be sure to consult with an Atlanta injury lawyer as soon as possible after the incident.

In a recent negligence case, Davidson et al. v. Meticulously Clean Sweepers, LLC (Ga. Ct. of App. 2014), plaintiff Nancy Davidson fell outside a “Dollar Tree” store, in a shopping center that was owned by three corporate entities, referred to here as “Rivergate.” After she was injured, the plaintiff and her husband brought an action against Dollar Tree, the manager of Dollar Tree, Rivergate, its property management company, and Meticulously Clean Sweepers (“MCS”) – an independent contractor that treated the area in question with a de-icing mixture the night before the plaintiff fell.

Published on: November 24, 2014

Georgia Court Finds Driver Not Working in Scope of Employment At Time of Accident

By Stephen M. Ozcomert

Car accidents have the potential to cause serious, long-lasting injuries. The injured party is often entitled to recover damages for any pain, suffering, and losses sustained as a result of another driver’s negligence. And in certain cases, the plaintiff may recover from the other driver and possibly that person’s employer, if he or she was acting in the scope of employment at the time of the collision. Clearly, the circumstances surrounding a car accident of any kind will play a significant role in the ultimate outcome of any claim. The best way to ensure that you have the most effective strategy for your particular case is to reach out to an experienced injury attorney from the local Atlanta area. A local lawyer who focuses on auto accident claims would have in-depth knowledge of the state laws and how they will apply to your case.

In a recent case, Mastec North America, Inc. v. Sanford et al. (Ga. Ct. of App. 2014), the plaintiffs, Henry and Tina Sanford, brought a personal injury action (arising from a car accident) against Mastec North America, Inc. (“Mastec”), Direct TV, Inc., and the driver, Warnock. The plainitffs’ suit included allegations of negligence and gross negligence against Warnock and sought to recover damages from Mastec and Direct TV under the theory of respondeat superior. Mastec and Direct TV moved for summary judgment, arguing that Warnock was not acting within the course and scope of his employment when the accident occurred. The trial court denied their motion, and they appealed.