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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Setliff v. Littleton - 12/15/2003
In this appeal from a plaintiff's verdict in a personal injury lawsuit, Carter Setliff contends that the trial court erred (1) in refusing to direct a verdict on certain damages, and (2) by charging or by failing to correctly charge...
Thompson v. Thompson - 12/11/2003
Following a jury verdict in favor of Dr. Bobby D. Thompson in this medical malpractice action, J. Coleman Tidwell, as trustee in bankruptcy for Norma S. Thompson, appeals, arguing that the trial court erred in instructing the jury that...
Meagher v. Quick - 12/11/2003
Hattie Sanders as administratrix of the estate of Jamorio Montez Marshall ("child" or "decedent"), a ten-year-old child, originally filed the instant wrongful death action in the Superior Court of Athens-Clarke County, against the...
Barnes v. Turner - 12/4/2003
William Barnes, Jr. (Barnes) and his company, William Barnes' Quality Auto Parts, Inc., appeal from the trial court's dismissal, based on the statute of limitation, of their complaint alleging legal malpractice against David Turner,...
TGM Ashley Lakes - 12/1/2003
WHOLE COURT
This is an appeal by the defendants from a final judgment entered in a wrongful death action. After review, we find no error mandating a new trial and affirm.
Danielle Jennings was strangled to death in her own...
Nationwide Mutual Fire Insurance Co. v. Somers - 12/1/2003
WHOLE COURT
Nationwide Mutual Fire Insurance Company appeals the grant of summary judgment to Deborah Somers, John Connolly and Margie Connolly, d/b/a Sunrise Memorial Gardens ("Sunrise"), John Connolly and Margie Connolly, d/b/a...
Kull v. Six Flags Over Georgia - 11/26/2003
This is the second appearance of this case before this court. In Kull v. Six Flags Over Georgia, 254 Ga. App. 897 (564 SE2d 747) (2002), this court reversed the grant of summary judgment to Six Flags on Kull's personal injury claim....
Georgia Department of Human Resources v. Johnson - 11/25/2003
WHOLE COURT
Following a jury verdict for the plaintiff in this action concerning the wrongful death of a minor in State custody, the Georgia Department of Human Resources ("DHR") and the Georgia Department of Juvenile Justice...
Minor v. Barwick - 11/25/2003
This case is before us on interlocutory review of the trial court's denial of appellants' motions for summary judgment. Brent Barwick ("Barwick") committed suicide while detained in Phillips State Prison ("Phillips"). Justin Barwick,...
Mullins v. Walker Tool & Manufacturing - 11/24/2003
Kenneth Mullins sued Walker Tool & Manufacturing, Inc. in the Superior Court of Jasper County, claiming that Walker Tool acted as a joint tortfeasor with Karl-Heinz Herrmann in converting property belonging to Mullins. Walker Tool...
Torres v. Tandy Corporation - 11/24/2003
Following a jury trial in this personal injury action arising out of a vehicle-pedestrian collision, Valentina Alvarado Torres, by and through her guardians, Filemon Torres and Synovous Trust Company ("Torres"), appeals the defense...
Lake Park Post v. Farmer - 11/24/2003
In these appeals, the Lake Park Post, Inc., its editor and publisher Al Parsons, and its columnist Charles Moore (collectively "the Lake Park Post defendants") challenge a judgment based on a jury verdict for compensatory and punitive...
H. J. Russell & Co. v. Manuel - 11/21/2003
H. J. Russell & Co. ("Russell") appeals from the superior court's order finding it in contempt of a consent order entered in the magistrate court before transfer to the superior court. Although we affirm the superior court's...
Board of Regents v. Oglesby - 11/21/2003
After the grant of an interlocutory appeal, the Board of Regents of the University System of Georgia challenges the superior court's order denying the Board's motions to dismiss and for summary judgment in Frances Oglesby's suit...
Applebrook Country Dayschool - 11/19/2003
Leslie and Garry Thurman sued Applebrook Country Dayschool, Inc. ("Applebrook"), a child day-care center, to recover for the alleged wrongful death of their infant son, Garrison. The case proceeded to trial, and the jury returned a...
Baldwin v. State Farm Fire and Casualty Company - 11/18/2003
Mona Baldwin appeals from the trial court's denial of her motion for summary judgment in this declaratory judgment action filed by State Farm. In this action, State Farm seeks a declaration that it has no duty to defend Richard...
Reddick v. State - 11/18/2003
Adam R. Samuels and Demetrius Reddick were indicted by a Chatham County grand jury on charges of murder, felony murder, two counts of aggravated assault, four counts of possession of a firearm during the commission of a crime, theft by...
Smith v. Chatham County - 11/17/2003
Roger and Loretta Smith filed a personal injury action against Chatham County and Chatham County police officers James Coleman, Andrew Osteen, and Malcolm Kendrick after the Smiths' car was struck by a suspect's pickup truck during a...
Progressive Preferred Insurance Co. v. Ramirez - 11/17/2003
We are called upon in this case to answer two questions certified to us by the United States Court of Appeals for the Eleventh Circuit pursuant to constitutional and statutory authority. 1983 Ga. Const. Art. VI, Sec. VI, Para. IV; OCGA...
Mobley v. Nabisco - 11/14/2003
Katie Mobley appeals from the grant of summary judgment to Nabisco, Inc., on her wrongful-death claim, which arose out of an automobile accident in which her husband died. Mobley's husband was first struck by a truck driven by a man...
Grange Mutual Casualty Co. v. Kay - 11/14/2003
Grange Mutual Casualty Co. ("GMCC") appeals the trial court's order granting Gregory L. Kay's motion for summary judgment on his complaint to enforce an agreement reached in settlement of a claim for bodily injury suffered by his minor...
Betha v. Ebanks - 11/5/2003
Hure Betha sued Dr. Carley Ebanks for medical malpractice after Betha suffered a severe allergic reaction to medication while being treated for colitis. The case went to trial and the jury returned a defense verdict. Betha appeals,...
Cameron v. Peterson - 11/5/2003
Kenneth E. Cameron and Lucille W. Cameron appeal the order denying their motion for new trial and judgment notwithstanding the verdict (JNOV) in their personal injury action against Ronald M. Peterson arising from a rear-end collision....
Ellerin & Associates v. Brawley - 11/4/2003
Ellerin & Associates and William J. Morton ("Ellerin") appeal from the trial court's ruling awarding them the net sum of $7,690.05 in attorney fees in connection with their representation of Steve and Cynthia Brawley in a medical...
Shirley v. Hospital Authority of Valdosta/Lowndes County - 9/25/2003
Kenneth Shirley and his wife, Mary Shirley, appeal the trial court's order granting the hospital's motions to dismiss their complaint and amended complaint based on the Shirleys' failure to file an expert affidavit with their original...
Lundsford v. Dekalb Medical Center - 9/25/2003
Louise Lunsford appeals from the trial court's order granting a motion to dismiss filed by DeKalb Medical Center (the hospital). Because the court subsequently set aside the dismissal, however, the basis for Lunsford's appeal is moot,...
Drawdy v. Direct General Insurance Co. - 9/15/2003
We granted certiorari in this insurance case to consider the procedural question whether an automobile insurer, after expressly denying coverage without qualification or conditions, may bring an action for declaratory judgment to...
Waters v. Stewart - 9/12/2003
This is a medical malpractice action. Donald Waters, M.D., appeals from the Superior Court of Ware County's denial of Waters' motion to dismiss, which motion was premised upon Charles and Catherine Stewarts' alleged failure to comply...
Davis v. Bruno's Supermarkets - 9/10/2003
After falling in a supermarket aisle, Kimberly Davis filed this personal injury suit against Bruno's Supermarket, d/b/a Foodmax. The trial court granted the store's motion for summary judgment, finding that no jury issue existed as to...
Houston v. Bedgood - 9/10/2003
In this wrongful death action, appellants-plaintiffs Jerry Houston, as the administrator of the estate of Tami Michelle Houston, Jerry Houston and Cathy Gassett individually and as the surviving parents of Tami Michelle Houston appeal...
In re Kent - 9/8/2003
This disciplinary matter is before the Court on Respondent L. B. Kent's Amended Answer and Petition for Voluntary Discipline filed pursuant to Bar Rule 4-227 (c) after the State Bar's issuance of a Formal Complaint. In his petition,...
State v. Langlands - 6/30/2003
Steve Christopher Langlands was charged in a five-count indictment with (1) murder, (2) felony murder, (3) aggravated assault, (4) possession of a firearm during the commission of a felony and (5) possession of a firearm by a convicted...
Cherry v. Schwindt - 6/27/2003
In this medical malpractice case arising out of Thomas W. Cherry's death, the jury returned a verdict in favor of the physicians and their professional corporation. Molly Smith Cherry, Mr. Cherry's representative, now appeals,...
Georgia Pipe Co. v. Lawler - 6/26/2003
This is an appeal by the defendant in a wrongful death action from a final judgment in favor of the plaintiffs. We find no error mandating a new trial, but we do find that the court erred in calculating the amount of the judgment. We...
Spear v. Calhoun - 6/20/2003
After Koneisha Cameron was shot and killed on New Year's Eve by an unknown person, her mother, Gennia Spear, individually and as parent and next friend filed a wrongful death action against Fred D. Calhoun, III, the owner of the...
Knight v. West Paces Fery Hospital - 6/17/2003
After undergoing cervical disc surgery at West Paces Ferry Hospital, Laura Knight contracted a staph infection, and eventually contracted a permanent, debilitating illness known as pyoderma gangrenosum. Knight and her husband filed a...
Nalley v. Baldwin - 6/17/2003
We granted this application for interlocutory appeal to determine whether a consent judgment entered against the sole resident defendant/joint tortfeasor amounts to a "discharge from liability" within the meaning of the amended venue...
Harkins v. Progressive Gulf Insurance Co. - 6/17/2003
On June 3, 1999, Colton Wesley Knapp was a passenger on a motor bike operated by Matthew Harkins. Knapp died after the motor bike collided with an automobile operated by Dean E. Basher. Knapp's parents sued Matthew Harkins's parents,...
Anderson v. Atlanta Committee For The Olympic Games - 6/12/2003
These appeals arise from the bombing in Centennial Olympic Park during the 1996 Olympic Games. The central issue presented by the appeals is whether the Atlanta Committee for the Olympic Games, Inc., which leased the Park from the...
Stewart v. State - 6/11/2003
David Lamar Stewart appeals following his conviction for aggravated assault. On appeal, Stewart asserts that the trial court improperly limited his voir dire and raises two challenges to the trial court's charge to the jury. Because we...
Williams v. Mitchell County Electric Membership Corperation - 6/5/2003
This Court granted certiorari to the Court of Appeals in Williams v. Mitchell County Electric Membership Corp., 255 Ga. App. 668 (566 SE2d 356) (2002), to determine whether the High-Voltage Safety Act, OCGA § 46-3-30 et seq., bars the...
Smith v. Bulloch County Board of Commissioners - 5/30/2003
Susan Amanda Smith died from injuries she received when an ambulance struck her car. The ambulance was driven by Thomas Jefferson Smith, a Bulloch County employee. Susan Smith's parents (the "Smiths") brought a wrongful death action...
Mercker v. Abend - 3/28/2003
*PLEASE NOTE: THIS IS A SUBSTITUTE OPINION.
Dr. Melvin Abend performed laparoscopic surgery on Suzanne Estee Mercker to remove her gallbladder in treatment for gallstones. Because of persistent bile leakage thereafter, Mercker...
Petzelt v. Tewes - 3/28/2003
Philip Petzelt sued Patricia Tewes, M.D., and Northside Anesthesiology Consultants, LLC, ("Tewes") for compensatory and punitive damages alleging that Tewes, an anesthesiologist, committed battery, breach of fiduciary duty, and medical...
Capitol Indemnity - 3/27/2003
WHOLE COURT
On February 14, 1999, Derrick Whiting shot James Brown, Jr., in the chest at a sports bar known as Jin's Grill. Brown sued West Atlanta Investigations & Security, Inc. ("West Atlanta"), the firm that provided...
Imperial Foods Supply - 3/27/2003
In this personal injury action, Imperial Foods Supply, Inc. ("Imperial Foods"), appeals the denial of its motions for directed verdict and for judgment notwithstanding the verdict, or in the alternative for a new trial. Imperial Foods...
Zwiren v. Thompson - 3/27/2003
In September 1998, appellee Tracee Thompson underwent surgery performed by appellant Dr. Jeffrey Zwiren. A year later, Thompson filed a medical malpractice complaint against Zwiren and his professional corporation that resulted in a...
Price v. Currie - 3/25/2003
Annette and Kenneth Price sued physicians Mark S. Currie and J. Steven Johnson for medical malpractice and loss of consortium on November 25, 1998, contending that excessive radiation damaged a nerve in Mrs. Price's arm, and that both...
Phillips v. Sea Tow/Sea Spill of Savannah - 3/24/2003
After voluntarily rescuing a vessel that was in peril on the high seas, Sea Tow/Sea Spill of Savannah, a marine towing service, filed an action in state court against the boat's owner seeking a marine salvage award. The trial court...
Carringer v. Rodgers - 3/24/2003
This case is before the Court on certified questions from the United States Court of Appeals for the Eleventh Circuit. Carringer v. Rodgers, 293 F.3d 1299 (11th Cir. 2002). The first question certified is:
I. Under Georgia law,...
Smiley v. S & J Inves. - 3/21/2003
* PLEASE NOTE: OPINION DATED 2/7/03 IS VACATED. THIS IS THE SUBSTITUTE OPINION.
Ronald C. Smiley and Terri H. Smiley appeal from the grant of summary judgment in their suit for fraud, breach of contract, professional negligence,...
Pilzer v. Virginia Insurance Reciprocal - 3/19/2003
This appeal raises the issue of whether the five-year statute of repose for medical malpractice actions embodied at OCGA § 9-3-71 (b) operates to bar a contribution action brought by one joint tortfeasor against another joint...
Doe v. Hall - 3/19/2003
In this interlocutory appeal, "John Doe," the appellant, appeals the trial court's ruling that he was precluded from proceeding under a pseudonym. By motion, appellant sought to maintain his confidentiality in this action involving the...
Beach v. Lipham - 3/10/2003
Following an eight-day trial, the jury in this medical malpractice action returned a defense verdict in favor of the doctor and hospital. The Court of Appeals of Georgia affirmed in a two-page unpublished opinion. We granted the...
Hodge v. Howes - 3/7/2003
On June 10, 1997, Shawn Howes sued Kings Bay Chrysler Plymouth Dodge, a Georgia corporation, for wrongful foreclosure, conversion, trespass, and personal injury. Gilbert Hodge was the sole shareholder and chief executive officer of...
Carter v. McKnight - 3/7/2003
On October 30, 2000, Joe Manuel, Jr., and James Carter sued Janet McKnight for damages allegedly arising out of a March 5, 1997 collision between Manuel's truck and McKnight's automobile. Manuel asserted a property damage claim, and...
Kane v. Shoup - 3/4/2003
Joseph W. Kane, and his parents, Joe Kane and Mary Kane, filed a malpractice lawsuit against Dr. Greg A. Shoup and Pickron Orthodontic Care, P. C. alleging misdiagnosis and mistreatment in connection with J. W.'s orthodontic treatment....
Harvey v. Nichols - 2/27/2003
In this action for the wrongful death of a prison inmate, Patricia L. Harvey, individually, as next friend, and as representative of the estate of Thomas Alan Reagin, and Thomas Keith Reagin, individually and as next friend of Thomas...
Griffin v. Rutland - 2/25/2003
Appellant Wanda Griffin appeals from the trial court's order setting aside a default judgment she obtained against Bruce Rutland, as well as the subsequent order granting summary judgment to Rutland on the basis of expiration of the...
Head v. Brown - 2/25/2003
Carolyn Head appeals two orders entered on June 14, 2002, by Senior Judge Don A. Langham, in which he vacated the order of Judge Christopher Edwards transferring the underlying case from Upson County to Muscogee County for trial and...
Henderson v. Quadramed Corporation - 2/24/2003
Willie Preston, individually, and Sadie Henderson, individually and as administratrix of the estate of Celeste Henderson, sued numerous medical entities for malpractice, wrongful death, and fraud related to the infant Celeste...
Johnson v. American National Red Cross - 2/24/2003
We granted certiorari to the Court of Appeals in Johnson v. American Nat. Red Cross, 253 Ga. App. 587 (569 SE2d 242) (2002), to consider whether it erred in applying McAllister v. American Nat. Red Cross, 240 Ga. 246 (240 SE2d 247)...
Patton v. St. Francis Hospital - 2/20/2003
Following the termination of his clinical privileges at St. Francis Hospital, Dr. Robert M. Patton sued Dr. Fred M. Burdette and the hospital, seeking damages and injunctive relief. The trial court granted the motions for summary...
Dildine v. Town & Country Truck Sales - 2/18/2003
Seeking damages pursuant to the Magnuson-Moss Warranty Act, Laura Dildine sued Town & Country Truck Sales, Inc. ("Town & Country") for breach of the implied warranty of merchantability associated with a car she purchased from...
Eyzaguirre v. Baker - 2/18/2003
Charles S. Baker, individually and as executor of the estate of Robert B. Baker, Robert B. Baker Jr., and Brooks S. Baker sued William A. Eyzaguirre and William A. Eyzaguirre, M.D., P.C. for medical malpractice. The appellants moved in...
Simon v. Gunby - 2/13/2003
Arthur Simon, M.D. and The Plastic Surgery Institute, P.C., appeal from the trial court's denial of their motion for summary judgment on Judy Gunby's malpractice claim. As res judicata bars Gunby's complaint, we reverse.
To...
Weathers v. City of Hinesville - 2/11/2003
Valerie Weathers appeals from the trial court's order awarding attorney fees and expenses to her former attorney, Joyce Griggs. On appeal Weathers contends that the trial court erred in granting Griggs attorney fees that Weathers...
Brankovic v. Snyder - 2/11/2003
We granted Milana Brankovic's application for interlocutory appeal in this medical malpractice case. There is only one issue before us: whether the trial court abused its discretion in permitting the defendants, who failed to respond...
Schriever v. Maddox - 2/11/2003
Janice Maddox sued Dr. Paul Richard Schriever and (under respondeat superior) his employer for medical malpractice arising out of Schriever's failure to diagnose Maddox's ruptured biceps tendon or to refer Maddox to a specialist. A...
Critser v. McFadden - 2/11/2003
Debra Critser and her husband sued Dr. Isaac McFadden, alleging, among other things, that he was negligent in performing lumbar sympathetic blocks on Mrs. Critser. A jury trial resulted in a defense verdict. The Critsers appeal,...
Jackson Electric Membership Corp. v. Smith - 2/10/2003
We granted Jackson Electrical Membership Corporation and Utilities Protection Center, Inc.'s petitions for certiorari in these consolidated wrongful death cases in order to address whether the Court of Appeals correctly applied OCGA §...
Smiley v. S & J Inves. - 2/7/2003
Ronald C. Smiley and Terri H. Smiley appeal from the grant of summary judgment in their suit for fraud, breach of contract, professional negligence, and negligent misrepresentation against S & J Investments, Inc., Jack E. Hall,...
Sood v. Smeigh - 2/6/2003
Pran Sood, M. D., brings this discretionary appeal from the denial of his motion to dismiss this medical malpractice case against him for failure to timely attach a valid affidavit of an expert witness stating that he had been...
Aliffi v. Liberty County School District - 2/6/2003
Timothy and Barbara Aliffi filed this wrongful death lawsuit after their daughter, Christina, was killed in an accident in the Liberty County Elementary School garage. The Aliffis sued the Liberty County School District, the School...
Bryant v. Browning - 2/5/2003
On June 24, 1996, Robert L. Browning ("Browning") murdered William Roger Bryant. On that date he was arrested and jailed. On July 26, 1996, while incarcerated, Browning transferred by quitclaim deed real property without any...
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