Atlanta Personal Injury Lawyer Blog

Published on: January 15, 2018

Georgia Court Finds That Lawsuit Against Parents Can Proceed Even If Child Is Dismissed

Sometimes in personal injury and car accident cases, individuals who have not actually caused the accident themselves can also be held liable for the injuries that result. This is often known as vicarious liability. Examples of vicarious liability include employers that are held liable for the actions of their employees, or principals who are held liable for their agents. A recent case before the Georgia Court of Appeals looks closely at whether vicarious liability can occur when the employee or agent is not held liable themselves.

In this Georgia auto accident case, T.A. was injured after she was involved in a car accident with C.L. and D.B. At the time, C.L. was allowing his grandson to drive his car as practice shortly after receiving his driver’s license. D.B. collided with T.A. while he was driving. T.A. suffered serious injuries as a result of the accident.

T.A. sued D.B. for her injuries and also sued C.L. as the family member who allowed D.B. to drive, under the doctrine of family purpose. Under the family purpose principle, family members who own a car and allow others to drive it can be held responsible when those individuals cause an accident. The doctrine arose as a result of the fact that when those who were injured sued younger drivers, or the elderly, for their injuries, the defendants frequently had no assets and were virtually judgment proof. In order to give plaintiffs a better chance of recovery, the family purpose doctrine was expanded to allow plaintiffs a better chance of recovery.

Published on: December 15, 2017

Plaintiff’s Claims Against Local Sheriffs in Reckless Georgia Car Chase Survive Summary Judgment

By Stephen M. Ozcomert

Car chases happen relatively infrequently during police activity, despite the fact that they are often sensationalized on the TV and in movies. In reality, car chases are difficult and dangerous affairs, with the potential for injuries to the driver fleeing the police, the police themselves, and innocent bystanders. When police do not follow proper procedures during car chases, they can also find themselves liable for any third-party injuries that may result, as illustrated in a recent case.

In this Georgia car accident case, S.N. and W.N. were seriously injured after a driver fleeing the police in a car chase ran into their vehicle while illegally crossing an intersection. At the time of the accident, the driver was being chased by Monroe County police. S.N. and W.N. brought claims against the Monroe County police for their injuries, alleging that the reckless conduct of the officers proximately caused their injuries. Monroe County moved for summary judgment after discovery, and the lower court agreed, finding that S.N. and W.N. had failed to show any evidence that the Monroe County police acted with reckless disregard for their policies and procedures. S.N. and W.N. appealed.

On appeal, the plaintiffs argued that the evidence presented in the case clearly raised genuine issues of material fact as to whether Monroe County acted recklessly. Specifically, on the night in question, Lamar County police attempted to pull over a driver after he was observed straddling two lanes. When the driver refused to pull over but instead accelerated, the Lamar County police began to chase him. As the driver crossed county lines, Monroe County police joined in the chase. At that time, Lamar County alerted Monroe County that the driver was being pursued only for failing to comply with a traffic stop and did not have an outstanding warrant or any other significant issues. As the chase continued, the police commented on their dash cameras and on audio recordings about the heavy traffic on the roads where they were pursuing the driver and the driver’s extremely erratic behavior and driving tactics, including weaving through lanes, crossing medians, and driving in emergency lanes. They expressed their concerns about the dangerousness of the situation but continued to pursue the driver.

Published on: November 15, 2017

Georgia Court of Appeals Finds City Did not Have Constructive Knowledge of Road Defect

By Stephen M. Ozcomert

While many accidents are caused by negligent or reckless drivers who fail to take adequate precautions on the road, this is not the only reason that accidents occur. Foreign objects, obstructions, dangerous weather, and other unanticipated conditions can also cause automobile accidents. While many of these may be chance mistakes, occasionally defects in road conditions or signage arise that could have been properly addressed and prevented had the proper parties had notice of these defects. A recent case before the Georgia Court of Appeals considers whether a city had just such a defect in its roads, and whether it had sufficient knowledge of the defect such that it should have previously addressed it.

In this Georgia car accident case, J.B. was driving in the city when his car hit an area of broken pavement over a manhole. According to J.B., the hole in the pavement was so large that it caused his vehicle to veer out of control and into oncoming traffic. J.B. struck a vehicle headed in the other direction head-on, causing severe injuries. J.B. sued the City of Macon for his injuries and damages resulting from the collision, alleging that the City should have known about the damaged road around the manhole and should have addressed it, and that their negligent failure to do so caused his injuries. The City responded by filing a motion for summary judgment, arguing that J.B. had failed to provide actual evidence that the City had notice of the damaged road and could have repaired it prior to his accident. In response to this motion, J.B. produced pictures of the damage, taken two weeks after his accident, and argued that the damage to the road was such that the City should have had constructive notice of it. The trial court agreed and denied the motion. The City appealed.

On appeal, the City argued that the photographs produced by J.B. were not sufficient evidence of constructive notice because they did not provide any indication as to how long the road had been damaged. Under Tennessee law, the City has constructive knowledge of damage or a defect when the defect has existed for a long enough period of time that notice of the defect can be inferred. Evidence of constructive knowledge must be such that a jury could reasonably believe that the defect had been around long enough that the City should have had notice of it.

Published on: October 16, 2017

Georgia Court of Appeals Upholds Fireman Rule to Dismiss Claim

By Stephen M. Ozcomert

Public officers such as firemen, police men, and emergency responders must frequently put themselves in a position of possible danger to do their job. While protecting the public, they may encounter dangerous conditions that they must address, and they may be injured in doing so. Under Georgia law, these public officers cannot sue other individuals for injuries they incur while dealing with obviously dangerous or negligent situations. For instance, a fireman cannot sue a homeowner if he is injured due to the homeowner’s negligence while fighting a fire. These are risks that are part of the job. Sometimes this situation arises in an Atlanta car accident case as well.

A recent case illustrates this point. T.K. was a police officer with the Baker County Sheriff’s office. He was called out to deal with a wreck that had occurred on the road. Earlier that day, an employee of Watson Used Cars (“Watson”) was mowing the lawn when he accidentally blew grass clippings out onto the road. Later, it started to rain, and while R.L. was driving down the wet road and over the clippings, his vehicle spun out of control and landed in a ditch. He called 911, and T.K. responded.

T.K. and another officer quickly drove to the scene. As they were approaching, they began to slow down. T.K. did not notice the clippings as he came up to the scene of the accident, and when he began to brake, his own vehicle slipped on the grass clippings and spun out of control, striking a tree. T.K. was severely injured and placed on disability leave. T.K. sued Watson for negligence, alleging that the grass clippings that were negligently blown onto the road caused his injuries.

Published on: September 15, 2017

Georgia Court Holds Employers Not Liable for Accidents By Independent Contractors

By Stephen M. Ozcomert

Companies 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.

Published on: August 15, 2017

Georgia Court Finds Sufficient Evidence of Constructive Knowledge To Survive Summary Judgment

By Stephen M. Ozcomert

Many 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.

Published on: July 13, 2017

Georgia Defendant’s Request for Change of Venue Denied By Appeals Court

By Stephen M. Ozcomert

One 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.

Published on: June 13, 2017

Georgia Court Finds No Evidence of Negligence After Driver Strikes Pedestrian

By Stephen M. Ozcomert

Negligence 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.

Published on: May 11, 2017

Georgia Court Addresses Sufficiency of Service in Bus Accident Case

By Stephen M. Ozcomert

As 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.

Published on: April 12, 2017

Court of Appeals of Georgia Finds Genuine Issues of Dispute in Truck Accident Case

By Stephen M. Ozcomert

During 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.