Personal Injury

Published on: April 8, 2015

Georgia Jury Awards $150 Million to Family of Child Killed in Car Accident Explosion

Accidents involving vehicles on local roadways can result in driver and passenger injury, and even death. Many of these tragic cases are caused by negligence of some sort, and on behalf of one or more party, such as the driver, car manufacturer, or some other related entity. Under such circumstances, the victim or the victim’s family may find some relief in being able to hold the negligent party accountable – legally and financially. While a monetary recovery cannot even begin to replace a loved one, it is one way the law operates to serve an innocent victim’s interest. If you or someone you love have been injured in a car accident, it is vitally important that you seek the assistance of a local Atlanta injury attorney, someone who can protect your rights and work to hold the negligent party responsible.

Earlier this month, a Georgia jury reached a verdict in a tragic and horrific case involving the death of a four-year-old child, who was killed when the Jeep he was riding in was struck from behind by a pickup truck and burst into flames. In the case, Walden v. Chrysler Group LLC, Superior Court, Decatur County, jurors concluded that Chrysler was liable for the child’s death and failed to warn customers that the tank’s position could increase the risk of fire in a rear-end crash. According to a news article, almost two years ago, as part of a compromise with the National Highway Traffic Safety Administration, Chrysler agreed to a “scaled-down” recall effort of certain older model Jeeps with rear-mounted tanks. The article further reports that this kind of a rear-mounted tank is susceptible to fires and punctures, due to the fact that there is little structure to protect them in rear-end accidents.

Published on: March 18, 2015

Georgia Court Upholds Ruling Against Plaintiff in Slip-and-Fall Case

By Stephen M. Ozcomert

In most personal injury lawsuits, whether the claims arise from a car accident or a fall on another’s property, the likelihood of achieving a monetary recovery will depend on several items. First, the underlying facts and circumstances will play a significant role in whether the injured party is likely to recover. Secondly, the plaintiff must know and understand the particular laws and procedural requirements that must be met in order to successfully bring claims for damages. And thirdly, it is extremely important that the injured party contact an experienced attorney who has handled such cases within the local Atlanta area, who can assess the facts and prepare a strategy appropriate for the unique circumstances of your case.

In a recent slip-and-fall case, Smith v. NT Nails, LLC (Ga. Ct. of App. 2015), the plaintiff brought an action against a nail salon for personal injuries she allegedly sustained after falling on a wet floor at the salon. The salon moved for summary judgment, claiming that plaintiff “knowingly and voluntarily” made the choice to walk across a floor that had been recently mopped. Plaintiff appealed the decision, arguing that summary judgment was inappropriate because, although she was aware of the hazard, she had no choice but to walk on the wet floor in order to pay and leave the salon. Essentially, plaintiff argued that the trial court should not have found that she “assumed the risk” of injury.

Published on: March 11, 2015

Georgia Court Looks to Terms of Franchise Agreement in Negligence Action

By Stephen M. Ozcomert

The primary reason to file a personal injury claim against another person or entity is to recover damages for the victim’s pain and suffering and financial losses. Very often, the injured party has suffered serious injuries and is hoping to recover medical costs, lost wages and other items. In order to successfully bring the lawsuit, the plaintiff must properly allege and provide sufficient evidence of the defendant’s negligence. Under the Georgia Code, “ordinary negligence” is the absence of the degree of care that is exercised by an ordinarily prudent person under the same or similar circumstances. There are many ways to assert a negligence cause of action. In order to determine the best legal strategy for your accident and injury, you are encouraged to contact an experienced injury attorney from the Atlanta area.

Every negligence case is based on a unique set of facts, which typically gives rise to the type of allegations you may successfully bring. In a recent personal injury case, Kids R Kids International, Inc. v. Cope et al. (Ga. Ct. of App. 2015), the plaintiff (guardian of the minor child – injured party), filed suit against two entities: the child’s day care center as well as the franchisor, KRK. Here, the three-year-old child incurred injuries to his face when he collided with a metal gate in the school’s play area. The child’s mother brought this negligence action against both defendants, alleging that they failed to exercise reasonable care in providing services to her child, properly observe and monitor her child, properly inspect the facility, properly secure the classroom, keep the premises safe, and protect her child from an unreasonable risk of harm of which they knew or should have known.

Published on: March 4, 2015

Georgia Court Upholds Workers’ Compensation Benefits in Wrongful Death Case

By Stephen M. Ozcomert

The details of a personal injury case, including the intricate facts and circumstances surrounding and leading to the victim’s injuries, can have a profound impact on the extent of any legal recovery. This includes the people or entities involved, the location of the accident or incident, whether a duty of care was owed to the victim, and the extent of the injuries sustained. Additionally, in order to assess one’s claim for damages, it is critically important that the plaintiff have a full understanding of the local state laws affecting the case. In order to protect your rights to a recovery in a car accident or other injury case, you are encouraged to contact an experienced injury attorney from the local Atlanta area as soon as possible.

Reaching out to a seasoned lawyer is one of the best ways to ensure that you have addressed every possible avenue of relief, such as workers’ compensation benefits, among other items. In a recent wrongful death case, Bonner-Hill v. Southland Waste Systems, Inc. (Ga. Ct. of App. 2014), stemming from a car accident, the plaintiff (the wife of the victim) brought a claim for workers’ compensation benefits on behalf of herself and her three children. According to the record below, the victim worked for Southland Waste Systems of Georgia, Inc. The only entrance road to the facility is intersected by railroad tracks.

Published on: February 25, 2015

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

By Stephen M. Ozcomert

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: February 11, 2015

NTSB Seeks to Improve Safety in the Nation’s Commercial Trucking Industry

By Stephen M. Ozcomert

The National Transportation Safety Board (the “NTSB”) recently released a “wish list” of four transportation safety improvements for 2015. Among these items is the improvement of safety in the commercial trucking industry. The press release cites various reasons for its recent initiative, including the Agency’s observations resulting from its various accident investigations. The organization is hoping that these safety pronouncements will serve as a “road map” for legislators and policy makers throughout the country. This is good news for drivers throughout the nation, including those on Atlanta roadways.

According to the Governor’s Office of Highway Safety in Georgia, Fulton County experienced the highest number of fatalities on highways within the state in 2011. Perhaps the NTSB’s recent announcement, coupled with many state laws aimed at improving roadway safety, will cause the number of accidents and fatalities involving cars and trucks to decrease significantly. Despite these efforts, many people are injured in vehicle accidents, truck or otherwise. Depending on the circumstances, a person who has sustained injuries may be entitled to recover damages for any resulting pain and suffering. To find out if you are eligible to a recovery, you are strongly encouraged to reach out to an experienced injury attorney from the local Atlanta area. Counsel who is fully familiar with the area laws and procedures would be best positioned to assess your case and prepare an effective strategy.

Accidents involving commercial trucks are of particular concern. Due to the vehicle’s sheer size and weight, such accidents tend to cause massive damage and life-threatening injuries, if not death. According to the National Highway Traffic Safety Administration, in 2013, there were 3,964 fatalities in crashes involving large trucks, representing a 0.5% increase over 2012. Further data reveals the cause of vehicle accidents in general, suggesting that in 2012, an estimated one in 10 drivers in fatal crashes were distracted, and in approximately a third of these incidents, a driver was under the influence of alcohol.

Published on: February 4, 2015

Georgia Court Allows Trip-and-Fall Case to Go to The Jury

By Stephen M. Ozcomert

It is not uncommon for people to slip or trip and fall on sidewalks, in parking lots, or in any other public space. Unfortunately, however, in many of these cases, the incident of falling causes the person to suffer injuries. While some of these injuries can be minor, such as bruises and scrapes, there are situations when the victim sustains serious injuries, with lifelong implications. Depending on the circumstances surrounding the fall, the property owner could be held accountable for a certain amount of damages. Anyone who is injured on another’s property is encouraged to carefully assess the entire situation to determine whether he or she is entitled to recover for resulting pain and suffering. A local Atlanta injury attorney who handles premises liability claims could review your case to evaluate the likelihood and extent of a recovery.

Georgia law sets forth the basic responsibilities of property owners when it comes to the safety of “invitees,” or people who are invited or permitted to be on the property. Essentially, the property owner or occupier does not guarantee the safety of invitees, but rather he or she is expected to remove any conditions that may expose the invitee or visitor to an unreasonable risk of harm. A significant factor with respect to many of these cases is the issue of knowledge of the condition. In a recent case, Strauss v. City of Lilburn (Ga. Ct. of App. 2014), the plaintiff tripped and fell as she was walking along a sidewalk outside a café toward her car in the adjacent parking lot.

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.