Personal Injury

Published on: November 25, 2013

Georgia Court of Appeals Rules Expert Testimony not Required for Causation of Back Injuries in Car Accident Cases

In reviewing an appeal of a car accident injury case, SAFEWAY INSURANCE COMPANY v. Hanks, Ga: Court of Appeals 2013, the Court of Appeals of Georgia affirmed the judgment for the plaintiff, finding that expert testimony was not required to establish a causal link between neck and back injuries in a car accident case, and that evidence regarding the existence of a preexisting condition also does not have to be causally proved.

The case arose out of an incident where the plaintiff was rear ended, causing his head to slam against the driver’s side window, and pushed his car into the middle of the intersection. The plaintiff claimed injuries to his head, neck, back, and leg as a result of the accident. A jury found in his favor, and awarded him $13,000.

The defendant, Safeway, appealed the decision, arguing that the trial court erred in allowing testimony from the plaintiff’s doctor, and also in allowing the jury to consider an aggravation of a pre-existing condition.

The plaintiff’s doctor testified at trial regarding the result of his MRI, which showed a herniated disk, which he believed to be consistent with a timeline of around when the accident took place. Safeway argued that this testimony shouldn’t have been admissible, because the plaintiff should have had to prove that the injury was caused by the accident in order to be admissible. Continue reading

Published on: November 18, 2013

Atlanta District Court Affirms Need for Proof of Causation in Car Accidents Raising Medical Questions

By Stephen M. Ozcomert

The Atlanta division of the United States District Court (N.D. Georgia) ruled in a recent case, Embry v. Vance, Dist. Court, ND Georgia 2013, regarding specific evidentiary requirements in cases involving medical questions.

The plaintiff filed the lawsuit following a car accident in DeKalb County, Georgia, seeking to recover medical expenses, lost wages, and damages for her pain and suffering. The defendants removed the case to federal court, and a discovery period followed. Discovery is the period of time during which the two parties to a lawsuit gather evidence from each other and other sources, through mechanisms such as asking written questions (interrogatories), asking questions in person (depositions), document requests, and other sources.

Following the discovery period, the court directed the parties to file for summary judgment or submit a pretrial order. The defendants filed a motion for summary judgment, arguing that the plaintiff’s failure to identify expert testimony for trial. They argued that this failure would prevent her from prevailing on her negligence claim because she must have an expert to establish causation. They further argue that the Plaintiff has produced no evidence whatsoever that could establish causation. The Plaintiff did not respond to the motion.

Published on: September 6, 2013

12 Year Old Boy Hurt in Southwest Atlanta Pedestrian Accident

By Stephen M. Ozcomert

Atlanta police are continuing an investigation into a serious car accident that injured a 12 year old boy. The accident occurred in southwest Atlanta, near Centra Villa Drive and Venetian Drive when the boy ran into the street.While the exact circumstances surrounding the accident have not been reported, apparently the boy ran into the street, and while the driver swerved to avoid hitting him, the car still collided with the boy. He was subsequently transported to a local children’s hospital in critical condition.

According to police, when they arrived at the scene the boy was still breathing but not alert, and he suffered serious head injuries.

Police also reported that the driver was not at fault, and that she will not face charges.

While it appears as though the driver was not at fault in this case based upon police reports, this is not true in many cases where pedestrians are seriously injured. Continue reading

Published on: July 22, 2013

I-75 Accident Leads to Serious Injury of 5 Passengers Ejected From Vehicle

By Stephen M. Ozcomert

Henry County police reported extensive injuries and one death following a major accident on Interstate 75 earlier this month.

Among the victims, a 14 year old girl was killed and five additional members of her family, which included two infants, were injured.

According to a police spokesperson, the accident occurred slightly before noon, when a Ford Expedition lost control, causing it to strike the center guardrail, and then spun back into traffic hitting at least one other vehicle. Five of its seven passengers were then ejected from the vehicle. Authorities reported that their preliminary investigation revealed that the individuals were not properly restrained. The young girl was announced dead at the scene.

Published on: May 13, 2013

Police chase results in dead driver

By Stephen M. Ozcomert

A man was fatally shot to death by a state trooper during a chase.

In March of 2010, a 24-year-old father of three became involved in a high speed chase with police, and the pursuit took to a nearby highway. The man was being pursued in relation to a misdemeanor probation warrant, and the two troopers in pursuit called for backup, spikes and a road block along the route the man was fleeing.

While one trooper was chasing the man’s Pontiac Grand Am, the second trooper positioned himself on an overpass under which the fleeing man would pass. The trooper asked his commanding officer if he had permission to open fire on the car. According to the police records of this event, the commanding officer ordered the trooper on the overpass with a rifle to stand down. He felt there was no point in using a weapon to stop the man, as he was heading for spikes and a road block.

Published on: March 18, 2013

Biker killed in accident with senior

By Stephen M. Ozcomert

Motorcycles are often involved in accidents with passenger vehicles. This case is no exception to the rule that drivers do not see bikers.

Minor bike/car accidents are exceedingly rare, largely because being on a motorcycle means being exposed to everything coming at you. If you are ejected, there is no such thing as a soft landing. If you are hit, there is no such thing as a minor injury.

Most injuries resulting from a collision between a biker and passenger vehicle result in life threatening, life-altering injuries or death. For this reason, if you survive an accident like this, you will need an Atlanta personal injury lawyer to get you the maximum compensation possible. There is no other way to pay for your medical expenses. If you do not live to walk away from the accident and make a recovery, an Atlanta injury lawyer will work with your family to recover fair and full compensation, by filing a wrongful death lawsuit.

Published on: March 15, 2012

Deadly Accident Shows Trucker Drove More Hours than Legally Mandated

By Stephen M. Ozcomert

Fatigued big rig drivers kill a lot of people on the roads. It is downright criminal what happens in the name of interstate commerce.

This case was shocking, as it was pivotal to pending regulations to change the hours of service a trucker may put in on the road. A woman who was driving home from a family reunion was killed instantly when she and her son were hit by a triple-trailer truck. The driver drifted off to sleep behind the wheel. The consequences? The needless death of the woman and her 12-year-old son was left permanently disabled.

The trucker was sentenced to five years in prison, a fact that brings no joy to those who were left behind after her sudden, untimely death. He pled guilty to two counts of aggravated vehicle assault and one count of aggravated vehicular homicide. The story spread around the country, acting as a wakeup call for those campaigning to lower service hours on the road in the trucking industry. The group wanted 10 hours. The hours remained the same, set at 11, but they did not go up as most trucking outfits would have preferred.

Published on: March 1, 2012

Speeding Cop Kills Two Teens and Unborn Child

By Stephen M. Ozcomert

Even cops can be responsible for the wrongful death of another. This case highlights a police officer driving with a heavy foot while not responding to calls.

This reported case did go to settlement largely because if it had gone to court, the family of the deceased would likely have been awarded more. As it was, the city approved a half million dollar settlement for the family of the dead teens and an unborn baby.

Although the city did step up and make a settlement offer, they also added that just because they were considering a settlement did not mean they were admitting guilt on their part or on the part of the officer involved. It’s hard to assume that if they are willing to pay out a settlement that they do not assume some degree of guilt.

Published on: December 27, 2011

DUI Charge in Wrongful Death Case Results in Unusual Sentence Provision

By Stephen M. Ozcomert

The courts are looking for unusual and innovative ways to make a point that it does not pay to drink and drive.

This reported case may sound like just another drunk driving conviction, but this one has a twist to it. This story started when a young 24-year-old man doing duty as a designated driver was taking his friends home from an evening out on the town drinking. After dropping the last one off, he headed home, but never made it.

In the middle of an intersection, another car driven by a 26-year-old woman ran a red light and slammed into the side of the man’s car. His family was in deep shock when they heard the news. That shock also turned to anger when they found out that her blood alcohol level was 0.229, and the legal limit was 0.08. The family sought legal counsel and filed a wrongful death lawsuit.

Published on: December 20, 2011

Dentist Sued for Wrongful Death of Teen

By Stephen M. Ozcomert

For most people, going to the dentist is stressful. For the 13-year-old girl in this reported case, it resulted in her death. The young girl was having teeth removed during oral surgery in the dentist’s office, when she stopped breathing. The autopsy revealed that the death was the result of complications from anesthesia, given prior to surgery.

The devastated family elected to file a wrongful death lawsuit, which was settled out of court by the dentist’s insurance company and negotiated by the state’s Dental Board. The most interesting aspect of this case were the remarks made by the Dental Board once the settlement had been negotiated, commenting, among other things, that it was the task of the Board to ensure unsafe dentists, or those that were likely a threat, either took further training to remediate deficient areas in their practice or, in the alternative, stop practicing.

The upside of this case was, in addition to the negotiated settlement, that the doctor agreed to retire. On the surface, this may have been a stunningly good idea, given the man’s age. Digging deeper revealed that it was not the first time that the doctor had been sued for wrongful death. In 1997, a 57-year-old woman died from similar complications with anesthetic. At that time, the dentist would have been 67-years-old. That case was also settled out of court.