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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Howard v. Lay - 1/30/2003
Plaintiffs Janice and Benjamin Howard appeal from the denial of their motion for new trial following a jury verdict in favor of the defendant, Sandra Lay, in this personal injury case. For the following reasons, we affirm.
The...
State Farm Fire & Co. v. Goodman - 12/24/2002
State Farm Mutual and Casualty Company appeals the trial court's order denying its motion for summary judgment. The appeal concerns interpretation of the terms and exclusionary provisions of a "manufactured home insurance" policy...
Lorelli v. Sood - 12/18/2002
Trieste Lorelli appeals from the trial court's order granting summary judgment to Dr. Sood on Lorelli's claim of medical malpractice. Because the trial court correctly held that the Complaint was filed outside of the medical...
Britt v. Kelley & Picerne - 12/13/2002
Youlon Britt, individually and as administrator of the estate of the decedent, Anthony Britt, and Erica Johnson, as next friend of Anthony Britt's minor son, filed this action against the appellees for the wrongful death, pain and...
Mohawk Industries - 12/11/2002
The sole issue in this case is whether, after a corporate defendant has removed a case under OCGA § 14-2-510 (b) (4) to the county where its principal office is located, a plaintiff can amend the complaint to assert facts supporting...
Breyne v. Potter - 12/5/2002
Linda Breyne and John Sekula sued Phillip L. Potter, M.D., for medical malpractice and breach of fiduciary duties, and sued Maternal Fetal Diagnostic Center of Atlanta, Inc. as Dr. Potter's principal. The defendants answered and moved...
Charles v. Glover - 12/4/2002
Jesse Charles appeals the trial court's order granting summary judgment to Carl Jones and dismissing Jones from this personal injury case. For the reasons set forth below, we affirm.
"To prevail at summary judgment under OCGA §...
Devotie v. Turner Area Operation - 12/3/2002
James and Christine Devotie appeal from the trial court's grant of summary judgment to Turner Arena Operations, Inc. in this personal injury suit and its derivative loss of consortium claim. Finding no error, we affirm.
Summary...
Pfeiffer v. Georgia Department of Transportation - 11/26/2002
We granted certiorari in this wrongful death case to examine whether the Court of Appeals of Georgia, in affirming the grant of summary judgment to the Georgia Department of Transportation, erred in failing to address contentions...
Ivey v. State - 11/26/2002
A jury found John Ivey guilty of armed robbery. Ivey's motion for new trial was denied. On appeal, he contends that the trial court erred in refusing to excuse a certain juror for cause and in denying his motion for mistrial based on...
In re Barnes - 11/25/2002
William Y. Barnes has petitioned this Court for a three-year suspension of his right to practice law in this State. Barnes admits that he paid a paralegal and the paralegal's business for the referral of cases and clients and thus...
Satilla Community Service Board v. Satilla Health Services - 11/25/2002
We granted Satilla Community Service Board's (the "Board") petition for certiorari to consider whether the Court of Appeals of Georgia erred by using a principle it labeled "identical reciprocal implied contractual indemnification" to...
Parks v. Hyundai Motor America - 11/25/2002
* PLEASE NOTE: ADDED "ON MOTION FOR RECONSIDERATION".
Peggy and Cedric Parks Sr. appeal following the trial court's grant of summary judgment to Hyundai Motor America, Inc. ("Hyundai America") on the Parkses' claims arising out...
Orkin Exterminating Co. - 11/22/2002
Edward Carder sued Orkin Exterminating Company, Inc., to recover for personal injuries sustained as a result of exposure to pesticides Orkin applied at his workplace. As co-plaintiff, Carder's wife sued for loss of consortium. The jury...
Crisp Regional Nursing and Rehabilitation Center v. Johnson - 11/22/2002
Following the grant of its application for interlocutory appeal, Crisp Regional Nursing & Rehabilitation Center ("Crisp Regional") challenges the trial court's denial of its motion for summary judgment on Ernest and Rose Johnson's...
Luem v. Johnson - 11/21/2002
On September 3, 1999, Kelly Johnson brought this medical malpractice action against Dr. Carl Luem and his professional corporation, the North Georgia Women's Clinic, P.C. (NGWC). Johnson claims that on November 29, 1994, Luem...
Williams v. Young - 11/18/2002
WHOLE COURT
The procedural history of this case is lengthy. On October 28, 1998, Margaret Williams filed a medical malpractice action against Dr. Devell R. Young and his professional corporation, alleging that Dr. Young had...
Hunter v. Werner Co. - 11/15/2002
Dale Hunter sued Werner Company ("Werner"), alleging that he was injured when a Werner-manufactured fiberglass ladder he was climbing suddenly broke, hurling him to the ground. Hunter asserted claims for strict liability, negligent...
Ontario Sewing Machine Co. - 11/12/2002
We granted certiorari in this case to consider whether the opinion of the Court of Appeals constitutes an erroneous expansion of the law of this state regarding the existence and scope of the duties of manufacturers with respect to...
Sawyer v. Cardiology of Georgia - 10/30/2002
Jewell Smith Sawyer, individually and as executor of her late husband, Horace's, estate appeals the jury verdict in favor of defendants Cardiology of Georgia, P. C., and Michael Gladson, M. D. For the following reasons, we reject her...
White v. Jensen - 9/23/2002
Plaintiffs/appellees June Jensen and Tonya Floyd each filed complaints against defendants Kerry White and David Holcombe, jointly and severally, seeking to recover damages for injuries they allegedly received when the car in which they...
In re Jones - 9/16/2002
This matter is before the Court on the Report and Recommendation of the Special Master, who recommends that Respondent Timothy John Jones be disbarred for his violations of Standards 4 (lawyer shall not engage in professional conduct...
City of Poulan - 9/16/2002
We granted cert. in this workers compensation case to determine whether the Court of Appeals properly found that the failure to have a "maximum medical improvement" (or "MMI") determination tolled the statute of limitation for filing a...
Zeigler v. Hambrick - 9/12/2002
Althea Zeigler appeals the order dismissing her personal injury action against Nicole Hambrick. The State Court of DeKalb County concluded Zeigler failed to exercise due diligence in serving Hambrick, and granted Hambrick's motion to...
Erickson v. Hodges - 8/22/2002
Paul and Brenda Erickson appeal the denial of their motion for summary judgment in this personal injury action premised on the Dram Shop Act, OCGA § 51-1-40. They contend that they are entitled to judgment as a matter of law because...
Canal Ins. Co. v. Liberty Mut. Ins. Co. - 8/1/2002
WHOLE COURT
This is an appeal from cross-motions for summary judgment in a workers' compensation subrogation suit brought by Canal Insurance Company c/o O'Steen Adjusting Services, the workers' comp. insurer, who did not...
Crook v. Racetrac Petroleum - 7/29/2002
Denise Crook appeals from the grant of summary judgment to RaceTrac Petroleum, Inc. in this slip-and-fall premises liability case. The trial court determined that RaceTrac's inspection program was reasonable as a matter of law and,...
Spooner v. City of Camilla - 6/27/2002
Thirteen-year-old Ronald Butler drowned in a body of water located on property owned by the City of Camilla. Susie Spooner, temporary administratrix of the estate, sued the City on behalf of Ronald. In a separate action, Roy Walker,...
P.F. Moon & Co. v. Payne - 6/27/2002
David Payne suffered a work-related injury on March 21, 1995, while employed by Dundee Mills, which paid him workers' compensation benefits. On March 21, 1997, Dundee Mills filed a claim under OCGA § 34-9-11.1 against P. F. Moon &...
Nash v. Allstate Insurance Co. - 6/26/2002
The five children of a woman who was killed in a car wreck appeal the trial court's order disbursing more than $18,000 out of $25,000 available insurance coverage to satisfy a hospital lien. Because the children made a claim for...
International Maintenance Corp. v. Inland Paper Board & Packaging Inc. - 6/26/2002
This is an appeal of the trial court's dismissal of intervenors International Maintenance Corp. ("IMC") and National Union Fire Insurance Co. ("National Union") from the underlying personal injury action. The intervenors also appeal...
Capes v. Dollar General Corp. - 6/24/2002
JoAnn Capes was injured while shopping at a Dollar General Store in Bremen, Georgia. At the time, the aisles were strewn with boxes of merchandise to be placed on the display shelves. While attempting to step over one of the boxes,...
Durham v. Mason - 6/24/2002
Michael Durham, through his father and next friend James Durham, sued Conney and Linda Mason for injuries he suffered when the Masons' dog bit him. The trial court granted summary judgment to the Masons on a number of grounds,...
Flournoy v. Goble - 6/24/2002
Tabatha Goble sued Dr. Henry Flournoy for medical negligence, claiming that she suffered severe injuries because he perforated her small bowel during a diagnostic laparoscopic surgical procedure and failed or refused to acknowledge...
Happoldt v. Kutscher - 6/24/2002
The above-styled cases are appeals of summary judgment in personal injury and wrongful death actions arising from a vehicular collision at the intersection of a subdivision road and a county road. In each case, the subdivision review...
Cox v. Allen - 6/20/2002
On May 21, 2001, judgment was entered for the defendant, Evelyn Allen, and against the plaintiff, Jamie R. Cox, on her personal injury action, which was tried to a verdict. Finding no error of law, we affirm.
On May 27, 1999,...
West Village Ford-Mercury - 6/19/2002
Ronnie and Dutchie West sued Village Ford-Mercury, Inc. ("Village Ford") under a negligent entrustment theory for damages sustained in an automobile collision. Village Ford moved for summary judgment, and the trial court granted the...
Adkins v. Knight - 6/18/2002
A jury awarded Ann Marie Adkins $50,000 in her personal injury suit against Randy Edward Knight, and she appeals the trial court's order allowing Knight to set off Adkins' $35,000 settlement with her uninsured motorist carrier. Knight...
Potts v. UAP-GA AG CHEM - 6/13/2002
An employer falsely told an employee's treating physician that the employee had not been exposed to toxic chemicals. Combined with the negative results of certain blood tests and the length of time the employee had already been...
Earthgrains Baking Company v. Bird - 6/13/2002
Durden, Kaufold, Rice & Barfield, P.C. (hereinafter "DKRB") filed a petition for citation of contempt of court against attorneys Wilson Smith and Clay Ratterree. The trial court declined to hold Smith and Ratterree in contempt,...
Beam v. Kingsley - 6/11/2002
On the afternoon of September 4, 1999, a car driven by Donna Beam collided with Scott Kingsley's motorcycle. Kingsley was killed in the collision. The facts surrounding the collision were undisputed. Beam pulled in front of Kingsley....
Sharp v. Greer - 6/11/2002
Attorney Donald J. Sharp sued Greer, Klosik & Daugherty, his former law firm, and Richard G. Greer, Frank J. Klosik, and John F. Daugherty individually and as partners of the firm. Sharp alleged the defendants filed abusive...
Singer Asset Finance Co. v. CGU Life Insurance Company of America - 6/10/2002
We granted a writ of certiorari in CGU Life Ins. Co. v. Singer Asset Finance Co., 250 Ga. App. 516 (553 SE2d 8) (2001), a case of first impression, to determine whether a tax-preferred structured settlement agreement can preclude the...
Webb v. Thomas Trucking - 6/4/2002
Debbie and Ricky Webb sued Thomas Trucking, Inc. and its driver, Kenneth Charles Cook (collectively referred to as Thomas Trucking), for personal injuries and loss of consortium following an automobile collision which occurred in May...
Winfrey v. Total Health Clinic Corporation - 6/4/2002
In this medical malpractice action, Nina J. Winfrey appeals the trial court's dismissal of her case against Total Health Clinic Corporation, Lee Wilkes, M. D., and Gary Richter, M. D., contending that the trial court erred by: (1)...
Department of Transportation v. Dupree - 6/3/2002
The Georgia Department of Transportation appeals from a judgment in a negligent design malpractice wrongful death action entered upon a jury verdict against it and in favor of Carolyn W. Dupree, Administratrix of the Estate of Betty N....
Trammel v. Bradberry - 5/31/2002
This is an interlocutory appeal raising many issues from a personal injury action for negligence in failing to take medication and for an intentional tort for the criminal act of aggravated assault by a person adjudged not guilty by...
Wood v. D.G. Jenkins Homes - 5/30/2002
We granted Fred and Jacquelyn Wood's application for interlocutory appeal from the trial court's order prohibiting them from introducing similar acts evidence in their action against D. G. Jenkins Homes, Inc. (Jenkins) for trespass,...
Volkswagen of America - 3/28/2002
On February 18, 1989, Lori Gentry, the 16-year-old daughter of Ralph and Sandra Gentry, was riding in the right front passenger seat of a 1981 Volkswagen Rabbit when it was struck by another car. The Rabbit was equipped with a fully...
Clark v. Byrd - 3/28/2002
WHOLE COURT
Allstate Indemnity Company insured William Nestlehutt with a minimum $15,000 automobile policy when on June 1, 1997, he collided with Louise Clark, causing her serious injuries with over $40,000 in medicals. Clark,...
Atlanta Orthopedic Surgeons v. Adams - 3/27/2002
Following a jury trial, David Adams appealed an adverse judgment but failed to pay for and obtain a trial transcript from the court reporter for many months. Although the court clerk possibly caused part of the delay, in all it took...
Hughley v. Frazier - 3/27/2002
Austin Hughley brought this medical malpractice action against Dr. Mary Frazier and Dr. Raymond Rubin alleging that as a result of their misdiagnosis of his medical condition, surgery was required, which rendered him permanently...
In re Davidson - 3/25/2002
This matter is before the Court on Respondent Franklin H. Davidson's Petition for Voluntary Surrender of License, filed pursuant to Bar Rule 4-227 (b), in which Davidson admits violating Standards 4 (lawyer shall not engage in...
Bowling v. Foster - 3/21/2002
Wanda Bowling appeals from a directed verdict entered in her medical malpractice action against John Irving Foster, III, M. D. and his employer, Atlanta Center for Athletes, Inc. She also appeals the trial court's dismissal of her...
Thompson v. Zwiren - 3/12/2002
Tracee Thompson, plaintiff, received an adverse verdict in her medical malpractice suit against Jeffrey D. Zwiren, M. D. and Prima Center For Plastic Surgery, P. C., and contends that the timely objected to jury charge, "plaintiff must...
Joel v. Chastain - 3/12/2002
A jury found David C. Joel, Attorney at Law, P. C. (the P. C.) breached its fiduciary duty to its client, Brenda Chastain, and awarded Chastain $4,000 in compensatory damages and $20,000 in attorney fees pursuant to OCGA § 13-6-11. The...
Stringer v. Bugg - 3/12/2002
Connie Stringer filed suit against her former landlord, George Bugg, alleging claims for unlawful eviction, trespass, conversion, assault, violation of the Fair Business Practices Act (FBPA), OCGA § 10- 1-390 through 10-1-407, and...
Young v. Williams - 3/11/2002
On October 28, 1998, appellee Margaret Williams filed a medical malpractice action against appellants Dr. Devell R. Young and his professional corporation, alleging Dr. Young had failed to diagnose dislocated bones in her left foot....
Hill v. Centennial/Ashton Properties Corp. - 3/8/2002
Anita Hill appeals from the trial court's order granting her former attorney's motion to foreclose a lien for attorney fees. On appeal she contends that the trial court erred by (i) finding the contract between Hill and her former...
Georgia Department of Transportation v. Federal Express Corporation - 3/7/2002
Charles Smith was killed in an accident in which the vehicle he was driving collided with a Federal Express vehicle. Smith's widow filed a wrongful death action against Federal Express and others. Federal Express settled with Smith's...
Georgia Dermatology Clinic v. Nesmith - 3/6/2002
The Georgia Dermatology Clinic, P.A. d/b/a Georgia Dermatology & Skin Cancer Center ("Georgia Dermatology") and Orlando Gilbert Rodman, M.D. sought appellate review of the denial of their motions to dismiss that were filed on...
Smith v. Morris - 3/6/2002
Plaintiffs David Smith, Premier/Georgia Management Company, Inc., Chase Development Corporation, and American Investment Management Corporation appeal from the trial court's dismissal of their suit against the law firm of Morris,...
Herrin Business Products - 3/6/2002
This is a wrongful death case arising out of an automobile collision in which Monica Ergle was killed when her car was struck by a pickup truck driven by Brian Edwards. Ergle's husband, Robert ("Ergle"), acting individually and as...
Brent v. Hin - 2/28/2002
Harold Brent appeals from the trial court's order granting summary judgment to Sorum Hin on the ground that Brent's claims for loss of consortium and for medical expenses incurred by Brent's wife were barred by the statute of...
Dekalb County School District v. Allen - 2/27/2002
Wendy Allen brought a wrongful death action against DeKalb County School District, its employee, Romeo Henry, and Joey S. Hedgemon after her seven-year-old daughter, Shaniecia Allen ("Shaniecia"), was struck and killed by an automobile...
Campbell v. Coats - 2/26/2002
Timothy Campbell appeals from the trial court's order dismissing his personal injury action against Robert Coats. Campbell dismissed his original action against Coats after the expiration of the applicable statute of limitation, then...
Renaud v. Black - 2/22/2002
This wrongful death lawsuit was brought after a young child drowned in a backyard swimming pool. Because there is no evidence that the pool owners acted improperly, we affirm the trial court's grant of summary judgment to them. ...
Wagner v. State - 2/21/2002
Clarence Wagner was indicted by a Fulton County grand jury for the offenses of rape, statutory rape, and aggravated child molestation. He was tried by a jury. The trial court directed a verdict on the child molestation charge at the...
In re Harvey - 2/21/2002
These seven disciplinary matters are before the Court on the Report and Recommendation of the Review Panel in which the Review Panel agreed with the special master and found the Respondent, Harold Michael Harvey, violated Standard 44...
Ligon v. Bartis - 2/19/2002
This is the second appearance of this case before this Court. Louis Ligon filed a personal injury action against Larry Bartis after Bartis' car rear-ended Ligon's car. Ligon believed that his attorney settled the case without his...
In re J.V. - 2/19/2002
The mother of J. V. and J. S. appeals from the juvenile court's order terminating her parental rights. She contends the evidence does not support the juvenile court's finding that the deprivation is likely to continue, or that...
Southern General Insurance Co. v. Crews - 2/15/2002
Southern General Insurance Company (Southern General) appeals from the trial court's dismissal of its action for interpleader and declaratory judgment. Because the trial court correctly determined that Southern General's petition...
Parker v. R&L;Carriers - 2/11/2002
Gary L. Parker appeals from a defense verdict on his claim for the wrongful death of his wife arising out of a collision with a tractor- trailer. On appeal he contends that the trial court erred by failing to give a jury charge on a...
Hall v. Bailey - 2/6/2002
The trial court apportioned settlement proceeds from the wrongful death of Morocco Hall between the surviving divorced parents of the deceased pursuant to OCGA § 19-7-1 (c) (6). After hearing evidence from both parties, the court...
Insurance Department of the State of Georgia v. St. Paul Fire & Casualty Insurance Co. - 1/31/2002
The Georgia Commissioner of Insurance found that the decision of a group of affiliated insurance companies not to renew approximately 1,260 medical malpractice policies for physicians and surgeons in Georgia was an unfair trade...
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