• $3,000,000 to the surviving spouse in a wrongful death / medical malpractice case
  • $1.75 Million for a 26 year old woman who was injured and the injury resulted in complex regional pain syndrome (CRPS) in her foot.
  • $1,900,000 to a man run over by a bus who sustained serious crush injuries to his legs
  • $1,120,000 for death of 48 year old man in a three vehicle collision
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truckCompanies throughout Georgia and the United States are increasingly turning to independent contractors to satisfy various job functions in their businesses. Independent contractors save businesses on employment taxes, limit the number of employees who may access benefits, and reduce the liability of the company. As a recent case before the Georgia Court of Appeals illustrates, companies have less exposure in negligence and personal injury lawsuits when independent contractors are involved.

In this Georgia auto accident case, P.S. was making a delivery to Wells Fargo Bank as a driver for BeavEx when his vehicle collided with E.M.’s vehicle. E.M. sued P.S. to recover compensation for injuries that he incurred. E.M. also sued BeavEx, P.S.’s employer at the time. After discovery was completed in the case, BeavEx moved for summary judgment, arguing that since P.S. was an independent contractor at the time of the accident, rather than an employee, BeavEx was not liable. The trial court agreed and dismissed the claims against BeavEx. E.M. and their uninsured motorist carrier filed an appeal.

The Georgia Court of Appeals noted that in order to determine whether P.S. was an employee or an independent contractor, it had to look at whether the contract gave, or BeavEx assumed, a right for BeavEx to control P.S.’s work, including the timing and manner of delivery. When there is a significant degree of control by the employer, an employee-employer relationship generally exists. When there is less control, the relationship is usually one of independent contractor-employer.

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pinsMany negligence cases turn on the question of whether a defendant, like a property owner, had sufficient actual knowledge of a hazard on his or her property, such that something should have been done to correct it. For instance, a plaintiff may allege that the defendant saw the hazard or that the hazard was reported directly to the property owner. While evidence often focuses on actual notice, it is important to remember that actual notice is not the only standard for liability. Property owners can also be held liable if they had constructive notice, or should have known that a hazard existed. A recent case in the Georgia Court of Appeals illustrates this standard.

In this Georgia personal injury case, P.D. sued Rainbow Stores, USA, after she stepped on an anti-theft sensor pin while visiting a store in Georgia. The pin was on the floor while P.D. was shopping and pierced her sandal when she stepped on it, leading to nerve damage in her foot. At the time of the injury, there were multiple employees on the store floor, some of whom were attaching sensor pins to pieces of clothing. The evidence uncovered during discovery showed that neither P.D. nor the other employees noticed the sensor pin at the time that P.D. stepped on it, so they did not have actual knowledge of the hazard. Based on these facts, the trial court granted Rainbow’s motion for summary judgment and dismissed the case. P.D. appealed.

On appeal, P.D. argued that while Rainbow did not have actual knowledge of the hazard, it did have constructive knowledge. P.D. pointed to testimony establishing that shoplifting was a very serious problem at Rainbow and that sensor pins were regularly attached to all clothing at the store. Employees were permitted to attach sensor pins in the back stockroom or on the store floor, and the company was aware that sensor pins falling on the floor of the store, where they could pose a danger to customers, was a problem. This happened due to employee errors and efforts by potential shoplifters to pry the sensors off clothes and discard them on the ground. To try to protect against this problem, Rainbow instructed its employees to sweep the floors each morning and each evening at closing.

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car accidentOne of the fundamental questions that must be resolved at the start of every lawsuit is where is the proper forum for a lawsuit to be brought. Plaintiffs may not simply bring a case anywhere they choose. Instead, the court hearing a lawsuit must have some logical connection to it, most often that the incidents giving rise to the lawsuit occurred there or that the defendants reside in that jurisdiction. A recent case before the Georgia Court of Appeals considered whether a defendant may request a change of venue to the county where he resides, when the lawsuit is brought in the place of the accident.

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pedestrianNegligence can arise in a wide variety of situations, whether at home, on the road, or out in public. In all scenarios, however, certain fundamental elements of a negligence claim must be met. A plaintiff must establish that a defendant had a duty to prevent harm to the plaintiff, that the defendant breached that duty, and that the defendant’s actions were the cause of the injuries that the plaintiff suffered. Without these important elements, a plaintiff cannot hold a defendant liable, no matter how terrible the injuries were that were suffered. While these requirements may seem onerous, they serve an important function of ensuring that defendants are held liable for damages that they definitely caused, or could have prevented, but not for accidents outside their control. In a recent case before the Georgia Court of Appeals, the court took a look at circumstances in which it was less than clear that the defendant should be held liable for the plaintiff’s injuries.

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busAs an initial phase in any case, plaintiffs must notify defendants that they are being sued in court. This is done by serving them with a copy of the complaint, through what is known as service of process. If service of process is not done properly, a defendant may not even know that litigation is ongoing and may miss opportunities to defend himself, which would prevent a fair litigation process from occurring. To keep this from happening, Georgia rules allow a court to dismiss a lawsuit when service of process has not been correctly followed. In a recent case before the Georgia Court of Appeals, the Court evaluated whether to uphold a dismissal in a case of questionable service.

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truckDuring the course of a lawsuit, there are many opportunities for litigants to attempt to end a case early, without proceeding to trial. A defendant may move to dismiss a case at the early stages, arguing that the plaintiff has not alleged any real violation of the law. Later, after depositions are taken and evidence is exchanged, either party may move for summary judgment in a case, arguing that their position is so clearly the correct one that the court should go ahead and find for them at that time. When parties move for summary judgment, they must show that there are no genuine disputes over the material facts in a case, such that a court can rule on it without the case proceeding to trial. If different stories or disputes exist, a jury must be allowed to considered these different facts and weigh the evidence for itself. A recent case before the Court of Appeals in Georgia illustrates these summary judgment considerations.

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truck accidentWhile many accidents occur between vehicles owned by individuals, accidents also frequently occur that involve corporate vehicles. When this is the case, plaintiffs may seek to go after the corporate owner because they have deeper pockets for recovering medical and personal expenses. In a recent case before the Georgia Court of Appeals, the court considered whether a corporation could be held responsible for an accident that occurred when the son of the owner was driving a company vehicle.

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logging truckWhen dealing with potential liability for a car accident, not only can a driver of a vehicle be held responsible, but also the owners of the vehicle that was involved in the accident may be liable. Claims of negligent supervision, negligent training, or basic liability as an employer can all arise. A recent case before the Georgia Court of Appeals looks at whether such liability can be expanded even further, allowing both owners and their alter egos to be held responsible for accidents that occur.

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truckWhen individuals are involved in a car or truck accident, they can typically bring a tort action against another driver or a different defendant in order to recover compensation for their injuries. However, when a plaintiff was involved in the accident while on the job, additional workers’ compensation issues may arise. Under Georgia’s workers’ compensation laws, employees are required to provide compensation and coverage when their employees are injured during the course of normal work. The Georgia Court of Appeals recently considered whether an employee may bring a tort action to obtain such compensation when an employer fails to provide the requisite workers’ compensation coverage.

In Saxon v. Starr Indemnity & Liability Co., Saxon was employed as a delivery helper for Talmadge Royal, which delivered ice cream to convenience stores. Saxon was performing a delivery when the delivery driver rear-ended the vehicle in front of them, causing Saxon to suffer injuries. It was undisputed that Saxon was an employee of Royal and was performing within the scope of his employment at the time of the accident. However, Royal did not have workers’ compensation for its employees, and Saxon could not file a workers’ compensation request. Instead, several months later, Saxon filed a negligence claim against the delivery driver and Royal. He argued that the delivery driver had acted negligently and that Royal had been negligent in hiring and supervising the driver. Royal’s insurers quickly intervened, as did Saxon’s own insurer because his policy provided uninsured motorist coverage. The insurers moved for summary judgment, arguing that their policies did not allow Saxon to recover from Royal for the accident because his sole remedy was workers’ compensation coverage. Saxon argued that if the court took the insurer’s position, he would be denied any remedy for his injuries, and this was against public policy. The trial court disagreed and granted summary judgment. Saxon appealed.

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gas stationWhen a plaintiff sues a defendant about a hazardous condition, he or she must allege that the defendant had knowledge of the condition and failed to address it or failed to warn others. Likewise, the plaintiff must also show that he or she did not have full knowledge of the danger before encountering it. While defendants may be held liable for injuries that occur on their property due to dangers of which they were aware, but a plaintiff was not, they usually cannot be held liable for injuries when a plaintiff knows of a dangerous condition and proceeds anyway. A recent case before the Georgia Court of Appeals looks at when a plaintiff has such “superior or equal” knowledge to that of a defendant.

In Travis v. Quiktrip Corporation, Travis was a truck driver employed by Petroleum Transport Company. He delivered gas to gas stations around the country. In 2011, he was delivering gas to QuikTrip Corporation, at a station managed by Lloyd Thompson. While delivering the gas, he was hit by another driver and suffered serious injuries. He sued the driver, Thompson, and QuikTrip for his injuries. Travis quickly settled with the driver but maintained premises liability claims against Thompson and QuikTrip. He argued that the gasoline delivery process at QuikTrip was unnecessarily dangerous, since it often required drivers to kneel down in the middle of traffic at the station in order to measure gas tank levels. Drivers had repeatedly reported these dangers to QuikTrip, but it did nothing to address them.

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