Georgia Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of Georgia or Court of Appeals of Georgia where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Simmons v. Sonyika - 5/23/2005
After the death of Trina Elliott, her estate remained unrepresented for 344 days, until Sharon Simmons was appointed administrator. In that representative capacity, Ms. Simmons later brought suit in the Superior Court of Fulton County...
Stewart v. Odunukwe - 5/23/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ.
Sharon Stewart, individually and as administratrix of the estate of Louise Stewart, and Marilyn Mason sued Louise Stewart's surgeon for medical malpractice. Judgment was entered against...
Thomas v. Gastroenterology Associates of Gainesville - 5/20/2005
BLACKBURN, P. J., MILLER and BERNES, JJ.
Lois Thomas brought this medical malpractice action against a doctor, his practice group, and a hospital in connection with her husband's death, but failed to attach a properly notarized...
Roberts v. Aderhold - 5/12/2005
WHOLE COURT
In this medical malpractice action by parents for the wrongful death of their child, the jury returned a verdict in favor of the plaintiffs but awarded them no damages. The question on appeal is whether the trial...
Hewett v. Raytheon Aircraft Co. - 5/11/2005
SMITH, P. J., MILLER and BERNES, JJ.
The plaintiffs in the case below - John Edward Harry Hewett, Joan Hewett, and Andrea Nicole Lyons, as Administrator of the Estate of Brett Hewett (collectively, the "Hewetts") - appeal from...
Williams v. Jackson - 5/9/2005
Gregory Williams appeals from the trial court's dismissal of his lawsuit against Reginald Jackson for insufficient service. We discern no error and affirm.
The record reveals that following a March 29, 2002 car accident in DeKalb...
In re C. T. M. - 5/5/2005
A juvenile court terminated the parental rights of both mother and father as to the children C. T. M. and T. W. M. Only the mother appeals the juvenile court's order, contending that the State did not show by clear and convincing...
Johnson v. E. A. Mann & Co. - 5/5/2005
In this personal injury action involving a one-car accident on a newly-paved road on which curve warning signs had not been posted, Walter Johnson, Sr. ("Johnson"), as guardian of Walter Johnson, Jr. ("Johnson, Jr."), brought suit...
In re Ruleman - 4/26/2005
This disciplinary matter is before the Court on the Report and Recommendations of the special master with respect to three disciplinary actions filed by the State Bar against Respondent Gerald Phillip Ruleman. In each of the matters,...
Ford Motor Co. v. Lawrence - 4/26/2005
Ford Motor Company appeals from the denial of its petition for a writ of mandamus and/or prohibition in which Ford sought to have the Superior Court of Clarke County rule that a judge of the State Court of Clarke County had violated...
Georgia Interlocal Risk Management Agency v. Godfrey - 4/21/2005
Georgia Interlocal Risk Management Agency (GIRMA) brought this declaratory judgment action to determine coverage for an underlying wrongful death claim. Although the trial court denied GIRMA's motion for summary judgment, it issued a...
Dunn v. Kirsten - 4/19/2005
This appeal arises out of the trial court's denial of defendant Jennifer Dunn's motion to dismiss the complaint filed against her by Neil Kirsten. Dunn argued in her motion that she was not personally served with the complaint within...
Bell v. Phoebe Putney Health System - 4/14/2005
This appeal is from the dismissal of a wrongful death action filed against various health care providers following the death of a four-year-old from complications of acute appendicitis. At issue is whether the appellants complied with...
Goodin v. Gwinnett Health System - 4/12/2005
In this action for medical malpractice, Lisa Goodin appeals pro se the trial court's grant of the motions to dismiss filed by the appellees, Dr. Irene Ristic, Dr. Mahendra Shah, Gwinnett Health System, Inc. d/b/a Gwinnett Medical...
Baker v. Simon Property Group - 4/6/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ.
Jason Baker appeals from the trial court's order granting summary judgment to Simon Property Group, Inc. and IPC International Corporation in his action for personal injuries after he was...
Russaw v. Burden - 3/31/2005
Rodney James Russaw appeals from the trial court's dismissal of his complaint on the ground that he failed to respond to discovery. Russaw also contends that the trial court erred in denying his motion for default judgment and in...
Auto-Owners Insurance Co. v. Karan - 3/31/2005
WHOLE COURT
In this interlocutory appeal regarding the right to insurance coverage, Auto-Owners Insurance Company appeals the trial court's denial of its motion for summary judgment, contending that it has no duty to extend...
Gordon v. Atlanta Casualty Co. - 3/28/2005
We granted a writ of certiorari to the Court of Appeals in Atlanta Cas. Co. v. Gordon, 266 Ga. App. 666 (598 SE2d 70) (2004), to determine whether Georgia's uninsured motorist statute requires an insurer to pay damages for the death of...
McKissick v. Giroux - 3/25/2005
In this personal-injury action arising out of an auto accident, defendant Bobby Gene McKissick appeals (with our permission) from the order denying him summary judgment. He argues that no evidence showed he breached any duty owed to...
Baskin v. Georgia Dep't of Corrections - 3/22/2005
Randall L. Baskin appeals two orders dismissing his personal injury and civil rights claims against the Georgia Department of Corrections (the Department) and Gary Martin, an employee of the Department. We affirm the trial court's...
Davis v. Reid - 3/21/2005
Karen Davis filed a medical malpractice action against Dr. William Reid and The Surgery Clinic, PC contending that Dr. Reid was professionally negligent in failing to diagnose her breast cancer. Davis died during the pendency of the...
Owens v. General Motors Corp. - 3/17/2005
James Owens sued Paul Edward Nelkie and General Motors Corporation after Owens wrecked his GM truck, alleging that Nelkie's negligence caused the wreck and GM's defective seat belt and air bags caused Owens to suffer extensive...
Gonzalez v. Dep't of Transportation - 3/14/2005
Alicia Gonzalez, a citizen and resident of Mexico, filed a wrongful death action against the Georgia Department of Transportation (DOT) under the Georgia Tort Claims Act (GTCA), OCGA § 50-21-20 et seq. In her complaint, Gonzalez...
Lemming v. State - 3/11/2005
WHOLE COURT
Following a jury trial, Steve John Lemming appeals his conviction of two counts of aggravated assault and one count of criminal attempt to commit armed robbery, contending that: (1) the evidence was insufficient to...
Rowen v. Estate of Hughley - 3/8/2005
Sharon L. Rowen appeals the order of the probate court determining that $15,000 was a reasonable fee for her legal representation of the three minor children of the late Jerry Bernard Hughley, Jr., in an uncontested petition to...
Pilzer v. Virginia Insurance Reciprocal as Subrogee of Scottish Rite Children's Medical Center - 3/7/2005
In Pilzer v. Virginia Insurance Reciprocal, 260 Ga. App. 736 (580 SE2d 599) (2003), we concluded that the contribution plaintiff's contribution action was barred by the medical malpractice statute of repose. We reversed the trial...
Doe v. Metropolitan Atlanta Rapid Transit Authority - 3/4/2005
Following a brutal attack at the Metropolitan Atlanta Rapid Transit Authority's (MARTA) Lindbergh Station, where she was beaten, put in the trunk of her car, and kidnapped, Jane Doe filed a personal injury action alleging among other...
McBee v. Benjamin - 2/23/2005
Norwood M. McBee, M.D., appeals the trial court's entry of default judgment, contending that the default should have been opened pursuant to OCGA § 9-11-55 (b). We granted McBee's application for interlocutory appeal to decide whether...
Harris v. Griffin - 2/21/2005
Vivian Harris appeals the trial court's grant of summary judgment to Alvin Griffin, M.D., arguing that the trial court erred in concluding that she had no doctor-patient relationship with him. For the reasons that follow, we reverse...
Raith v. Blanchard - 2/21/2005
Tracey Raith sued Grady and Jennifer Blanchard for damages she allegedly sustained when the Blanchards' dog bit her. The Blanchards subsequently moved for summary judgment. The trial court granted the motion, finding that the...
Burnette v. Brown - 2/16/2005
Violet Brown brought a personal injury action against Bessie Burnette seeking to recover for injuries she allegedly sustained when the car she was driving was struck head on by the vehicle Burnette was driving. Burnette's husband,...
Stephens v. Hypes - 2/16/2005
Mark and Charlotte Stephens filed the underlying personal injury and loss of consortium action against Lonnie Hypes, as the Administrator of the Estate of Jammie Marie Hypes Stephenson, following a traffic accident in which Mark...
General Electric Co. v. Lowe's Home Centers - 2/7/2005
The first question certified by the Eleventh Circuit in this case is whether Georgia's economic loss rule allows a plaintiff to recover in tort lost profits that would have only been realized by using its damaged property and other...
Scottsdale Insurance Co. v. Great American Assurance Co. - 2/4/2005
Scottsdale Insurance Co. (Scottsdale) appeals from the grant of summary judgment to Great American Assurance Co. (Great American) on its claim to satisfy a judgment entered against Great American's insured. For the following reasons,...
Carnes v. Reece - 2/3/2005
Robert Gary Carnes filed a personal injury action against Sandy Reece, individually and d/b/a Reece Towing Company. The complaint alleged that while Carnes was helping Reece move a building that had been donated to a charity, Reece...
Neely v. Jones - 2/3/2005
Quinton Neely appeals from the trial court's order dismissing his personal injury action against Norman Jones based upon his failure to exercise due diligence in serving Jones after the expiration of the statute of limitation. Because...
Cochran v. Bowers - 2/1/2005
Thomas A. Cochran, M.D., and Columbus Plastic and Cosmetic Surgery Clinic, P.C., appeal the trial court's denial of their motion to dismiss a medical malpractice complaint filed by Deborah Lee Bowers, individually and in her capacity...
City of College Park v. Fortenberry - 1/27/2005
As the settling employer of the initial tortfeasor in a personal injury case, the City of College Park brought this action for contribution and indemnity against Jewell Fortenberry, M.D., who was allegedly negligent in his treatment of...
Flowers v. Union Carbide Corp. - 1/27/2005
After Charles Flowers' death from mesothelioma, his heirs brought this wrongful death action against a number of defendants including Union Carbide Corporation, which had mined a form of asbestos to which he was allegedly exposed. At...
CSX Transportation - 1/24/2005
Three of the four plaintiffs in these cases brought suit in federal court against CSX Transportation (CSXT) under Georgia negligence law based on each plaintiff's claim that he was exposed at home as a child to airborne asbestos...
Steele v. Atlanta Maternal-Fetal Medicine - 1/24/2005
A State Court of DeKalb County jury returned a defendants' verdict in Monique and Wayne Steele's medical malpractice action against Paul Browne, M.D., and Atlanta Maternal-Fetal Medicine, P.C. (collectively, "Dr. Browne"). The Steeles...
Steele v. Georgia Dep't of Transportation - 1/24/2005
Roger Steele died in a collision between his vehicle and another vehicle at the intersection of State Route 16 and a county built road in Butts County. Donna Steele, as his surviving spouse and the administratrix of his estate, brought...
Griffiths v. Rowe Properties - 1/21/2005
Christina Griffiths, as next friend of her minor son Tyler, filed suit against Jacqueline Edwards, Rowe Properties (Rowe), the owner of the apartment complex where Edwards lived, and Davis Realty (Davis), the leasing agent for Rowe,...
In re Grable - 1/10/2005
This disciplinary matter is before the Court pursuant to the Report of the Special Master regarding Respondent Jeffrey Bull Grable's third petition for voluntary discipline filed pursuant to Bar Rule 4-227 (c) after the issuance of a...
Coogle v. Jahangard - 1/6/2005
This personal injury case was brought to recover damages in connection with a dog bite. The victim, eleven-year-old Marshall Kunisch, was bitten by a golden retriever owned by James Green. Kunisch's mother, Rebecca Coogle, filed the...
Stephens v. Shields - 12/17/2004
Judith Stephens appeals the trial court's dismissal of her renewal action in this automobile accident case. She argues that the court improperly ruled that her original suit was void because she had failed to personally serve the...
Garrett v. Wallace Oil Co. - 12/1/2004
Willie Lee Garrett, individually and as administrator of the Estate of Marchello Tyree Garrett, filed a wrongful death action against Wallace Oil Company and Viral Patel, asserting claims arising out of the shooting death of his son....
Sidlow v. Lewis - 12/1/2004
WHOLE COURT
Joe Lewis sued podiatrist Charles J. Sidlow and North Georgia Podiatric Medicine & Surgery, P.C., alleging that Sidlow committed malpractice by failing to diagnose a significant foot injury that led to the...
John Crane - 11/24/2004
James P. Highsmith filed a negligence and strict liability action against John Crane, Inc. and others based on allegations that he had contracted mesothelioma as a result of exposure to asbestos dust from products manufactured by the...
Barnes v. Turner - 11/23/2004
The issue in this legal malpractice case is what duty attorney David Turner, Jr. owed his client, William Barnes, Jr., with respect to maintaining Barnes's security interest that lapsed. The Court of Appeals held that Turner's only...
Govea v. City of Norcross - 11/23/2004
On August 11, 2001, thirteen-year-old Jairo Govea Gomez fatally shot himself with a police service weapon that had been handed to him by Timothy Heiberger, a police officer with the police department of the City of Chamblee...
Whitmire v. Georgia Power Co. - 11/23/2004
WHOLE COURT
Charles Whitmire was electrocuted when equipment he was using to perform work on a water and sewer line project came into contact with an overhead 46,000 volt electric line owned by Georgia Power Company (Georgia...
Henderson v. Gandy - 11/22/2004
Claire M. Henderson, individually and in her capacity as the representative of the Estate of Herbert Henderson (collectively "Henderson"), appeals the grant of summary judgment to Winston Gandy, Jr., individually, and Atlanta...
Johnson v. Georgia Dep't of Human Resources - 11/22/2004
Appellant Parthenia Johnson is the mother of a fifteen-year-old child who died due to accidental electrocution in 1995 while living at Broken Shackles Ranch pursuant to a placement agreement with the Georgia Department of Human...
Sones v. Real Estate Development Group - 11/18/2004
This is an appeal from the grant of summary judgment to Real Estate Development Group, Inc., Govinbeai (George) Patel, and Autel Patel from an active negligence personal injury action by Christopher Sones on the theories of OCGA §§...
Stovall v. Daimler Chrysler Motors Corp. - 11/16/2004
This is a product liability action based upon an alleged defect in the cruise control system of Lori Ann Stovall's 1993 Jeep Grand Cherokee (Jeep), which was manufactured by Daimler Chrysler Motors Corporation (Daimler). A jury...
Rhone v. Bolden - 11/12/2004
Willie Rhone died intestate on March 5, 1999, leaving no spouse or children. His mother and half-brother, Wyona and James Rhone, prosecuted and settled a medical malpractice wrongful death claim for $1.9 million. After the settlement...
Thurman v. Applebrook Country Dayschool - 11/8/2004
We granted a writ of certiorari to the Court of Appeals in Applebrook Country Dayschool v. Thurman, 264 Ga. App. 591 (591 SE2d 406) (2003), and posed this question: Is expert testimony regarding infant sleep positioning admissible in a...
John Crane - 11/8/2004
This Court granted certiorari to the Court of Appeals in John Crane v. Jones, 262 Ga. App. 531 (586 SE2d 26) (2003), to consider the question:
Where separate tortious acts allegedly committed by multiple defendants may have...
Thompson v. Thompson - 11/8/2004
We granted certiorari in this case to consider whether the trial court erred in charging the jury that proximate cause is "sometimes called the dominant cause." The Court of Appeals noted that the use of the phrase "dominant cause" had...
Earth First Grading & Builders Insurance Group/Association Services - 11/3/2004
Earth First Grading and its workers' compensation insurance carrier, Builders Insurance Group/Association Services, Inc., (hereinafter "employer/insurer") appeal a superior court order affirming the State Board of Workers' Compensation...
Buchan v. Lawrence Metal Products - 11/1/2004
John Buchan alleges that he was standing in line at the Atlanta Hartsfield International Airport when the vinyl retractable tape on a crowd-control barrier became detached from a metal post and struck him in the arm. Buchan sued...
Georgia State Board of Pardons and Paroles v. Finch - 9/30/2004
We granted the application of the Georgia State Board of Pardons and Paroles (the board) for an interlocutory appeal from the trial court's denial of its motion to dismiss this action against it brought by Finch. Because we conclude...
Boyce v. Gregory Poole Equip. Co. - 9/24/2004
The Gregory Pool Equipment Company sold a forklift operated by a stand up operator to Ecolab to experiment with, because Ecolab had previously only used conventional forklifts. Robyn Embry, Ecolab's employee, was using the standup...
MCG Health - 9/21/2004
Reconsideration denied November 12, 2004
Alleging that he received negligent medical treatment, James Gary Nelson sued MCG Health, Inc. ("MCGHI"), the Medical College of Georgia Physicians Practice Group ("PPG"), the Board of...
In re Mullman - 9/13/2004
This disciplinary matter is before the Court on Respondent Roy Scott Mullman's Petition for Voluntary Surrender of License, which is tantamount to disbarrment. In his petition, Mullman admits that in May 2004, this Court appointed...
In re Hammock - 9/13/2004
This disciplinary matter is before the Court on the "Report of Special Master" in which the special master recommends suspending Respondent David G. Hammock for a period of no less than six months for his violation of Standard 44 in...
In re King - 9/13/2004
These disciplinary matters are before the Court on the State Bar's issuance of two Notices of Discipline for disbarrment against Respondent Kim L. King based on King's violations of Rules 1.2; 1.3; 1.4; 1.15 (I); 8.4; and 9.3, all a...
Harrison v. CGU Insurance Co. - 9/13/2004
Douglas and Amy Harrison appeal the trial court's order denying their motion to cite CGU Insurance Company for contempt and denying their motion for the award of attorneys fees and expenses of litigation under OCGA § 9-15-14. This is...
Vito v. Paley - 9/13/2004
George R. Vito, D.P.M., filed this action in defamation against Dror Paley, M.D., alleging that Paley had knowingly and intentionally made false and malicious statements in an expert affidavit required by OCGA § 9-11-9.1 (a). Because...
McRae v. White - 9/3/2004
This interlocutory appeal arises out of the trial court's denial of the motion to dismiss filed by defendant Joshua McRae. Because we conclude that McRae presented affirmative evidence that service was improper and that plaintiff Wendy...
Metts v. Wal-Mart Stores - 8/31/2004
Connie Metts, a Wal-Mart customer, was injured when several boxes fell from a shelf at a Wal-Mart store and struck her on the nose and shoulder. Metts filed a personal injury lawsuit against Wal-Mart Stores, Inc. Wal-Mart moved for...
Federated Department Stores v. Superior Drywall & Acoustical - 12/18/2003
In plaintiff Judy Vandevender's trip and fall personal injury suit, the State Court of Bibb County granted summary judgment to third-party defendant Superior Drywall & Acoustical, Inc. ("Superior") and denied summary judgment to...
Clark v. State - 12/17/2003
After being tried on a multi-count indictment, David Clark was convicted of two counts of aggravated assault, three counts of armed robbery, and one count each of burglary, kidnapping with bodily injury, and simple kidnapping....
Brown v. All-Tech Investment Group - 12/15/2003
On July 29, 1999, Mark O. Barton went on a shooting spree at the offices of two day trading firms, killing nine people and injuring twelve. In these cases, six of the people who survived the wounds Barton inflicted, and the survivors...
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