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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COFFEE COUNTY - 11/4/1997
Appellant Coffee County School District claims that the superior court erred in denying its motion for summary judgment, in which it argued that Tammy Jo King's personal injury suit was barred because of sovereign immunity. Concluding...
DOE v. DEPARTMENT OF CORRECTIONS - 11/3/1997
This is an appeal from the dismissal of an action for damages brought under the Georgia Tort Claims Act (GTCA), OCGA § 50-21-20 et seq. Inmate Jane Doe #102, filed the suit against the Department of Corrections (DOC) for injuries...
DOE v. PRUDENTIAL-BACHE - 11/3/1997
The following issue is presented by our grant of certiorari in this case: In light of this Court's decision in Sturbridge Partners v. Walker, did the plaintiff present sufficient evidence to create a factual issue regarding whether...
KIM v. PLATT - 10/31/1997
On July 12, 1993, plaintiff Injoo Kim and defendant Lisa Platt were involved in an automobile accident. Nearly two years after the accident, plaintiff and her husband, Youngho Kim, filed suit against defendant seeking recovery for the...
HILLIARD v. J. C. BRADFORD & CO. - 10/30/1997
This is an appeal from an order of the Chatham County Superior Court confirming an arbitration award in favor of the plaintiff, J. C. Bradford & Co. ("Bradford").
Bradford is a Tennessee limited liability company authorized...
MILES v. ANDRESS - 10/30/1997
We granted the Georgia Department of Public Safety's ("DPS") application for discretionary review to review a superior court's order reversing the final decision of the DPS to suspend Danyale Andress' driver's license. The superior...
BARHAM v. LEVY - 9/23/1997
Dorothy Barham, an incapacitated adult, by her legal guardian and next friend, Christine Harris, appeals the judgment, based on a jury verdict in favor of Robert M. Levy, M.D., in Barham's action against Dr. Levy for medical...
DAVES v. DAVIDSON - 9/17/1997
Joseph Gibson Daves filed a personal injury action against Terri Ann Davidson, alleging Davidson negligently drove her car into the rear of Daves' pickup truck. The evidence adduced at a jury trial reveals that Davidson's car collided...
LANE v. TIFT COUNTY - 9/17/1997
On July 22, 1992, William Frank Lane, now deceased, told his wife that he had fallen at home and showed confusion. Late in that evening Lane was admitted to the Tift General Hospital for diagnostic purposes. Upon admission, Lane had...
MATHEWS v. CONTINENTAL CASUALTY COMPANY - 9/17/1997
On November 22, 1989, Van Edward Redd and Gianna Mathews were involved in a motor vehicle collision. Both Redd and Mathews were driving vehicles owned by their respective employers and both were acting within the scope of their...
BOWERS v. WINTER - 9/16/1997
John Bowers filed a personal injury action against Calvin Winter, alleging Winter negligently drove a car into a vehicle that was occupied by Bowers. Bowers served Winter with process according to Georgia's Nonresident Motorists' Act,...
WATERS v. ROSENBLOOM - 9/15/1997
From 1975 until his death in 1993, James Waters was treated by appellee, Dr. S. J. Rosenbloom, for both management of his diabetes and depression. Beginning in May 1975 and almost continually thereafter, appellee prescribed Valium to...
TUCKER FEDERAL v. BALOGH - 9/11/1997
We granted Tucker Federal Savings & Loan Association's (the bank's) application for interlocutory appeal to review the trial court's denial of its motion for summary judgment in this negligence action. Sylvia Balogh, individually...
BOGGS v. BOSLEY MEDICAL - 9/11/1997
James Boggs appeals the trial court's grant of summary judgment to Bosley Medical Institute, Inc. (Bosley) and David Phillips, M.D., on Boggs' claims for fraud and medical malpractice, contending that the trial court erroneously held...
MILLER v. WARNER BROTHERS - 9/10/1997
Margo Miller, Individually, and as Administratrix of the Estate of Olin Miller, filed this wrongful death action against Time Warner Entertainment Company, L.P., Warner Home Video, Inc., Warner Brothers, Inc. ("the Warner defendants")...
CANDLER HOSP. v. DENT - 9/8/1997
Ruth Dent, individually, and Kim Birge, as administrator of the Estate of William H. Dent, deceased brought a malpractice action against Candler Hospital, Inc., for the wrongful death, pain and suffering, medical expenses, funeral and...
MILBURN v. NATIONWIDE INS. CO. - 9/5/1997
Charles Milburn was injured in the performance of his duties as a Georgia State Trooper when he lost control of his car and crashed into a guardrail while engaged in a high speed chase of a car driven by a criminal suspect. Milburn...
SOUTHERN GUARANTY INSURANCE COMPANY v. SINCLAIR - 9/4/1997
On December 31, 1993, Havard Sinclair and Kevin Riggins suffered personal injuries in an automobile collision with Sheniqua
Durham. Sinclair and Riggins were minors at the time of the collision, and the car in which they were...
DRAWDY v. DEPT. OF TRANSP. - 9/2/1997
The plaintiff, Brenda Drawdy, was injured in an automobile accident which occurred on July 25, 1993, in Glynn County. Ms. Drawdy was traveling west bound on the E. J. Torras Causeway. It was raining, and as she approached the Back...
SOUTHERN TRUST INSURANCE COMPANY v. CRAVEY - 9/2/1997
Larry Eugene Cravey and Cravey and Sons, Inc, the insureds under an automobile liability policy issued by Southern Trust Ins. Co. in 1984, sued Southern Trust claiming they are entitled to purchase additional optional personal injury...
IN THE MATTER OF FINLEY - 6/30/1997
These disciplinary cases involve three separate proceedings against James M. Finley in which the State Bar brought formal complaints alleging multiple violations of professional standards. The violations include making false...
THOMAS v. DEKALB COUNTY - 6/27/1997
Minnie Pearl Thomas died after being transported to Grady Memorial Hospital by DeKalb County paramedics Cynthia Studdard and Jeffery Bowman. The executors of Thomas' estate and her surviving spouse and children sued DeKalb County,...
SOUTHERN GEN. INS. CO. v. ROSS - 6/27/1997
These appeals stem from a declaratory judgment action brought
by Southern General Insurance Company ("Southern General") against Barbara Ross and Southern General's insureds on a liability policy, Willy Barber and Tracy Massie....
CORBIN v. FARMEX - 6/27/1997
During the course of his employment by Wainwright, Corbin was driving a rig consisting of a tractor and two trailers. One trailer came unhitched from the other and collided with an automobile driven by Black. To recover for injuries...
CANAL INDEMNITY CO. v. E.M.C. MOTORS - 6/26/1997
This appeal arose from a determination of insurance coverage relating to allegedly tortious conduct occurring during the repossession of a vehicle. Canal Indemnity Company ("Canal") appeals the partial denial of its motion for summary...
GOULD v. LATORRE - 6/24/1997
On July 20, 1994, plaintiff Virginia Gould and defendant Tammie Jones were involved in an automobile accident. Defendant Brenda Latorre, who is Jones' mother, held title to the car Jones was driving at the time of the accident. Nearly...
OGLETREE v. NAVISTAR INTL. TRANSP. - 6/19/1997
This is a wrongful death action for the death of plaintiff Ogletree's husband, who died as a result of injuries he sustained when a truck driven and owned by Campbell backed into him. The dispositive questions on appeal are whether the...
ANDERSON v. NAVARRO - 6/19/1997
This is a medical malpractice case in which the trial court dismissed the appellants' complaint because they failed to comply with the affidavit requirements of OCGA § 9-11-9.1. We affirm.
The relevant facts are not disputed. On...
BELL v. SMITH - 6/19/1997
This wrongful death case arises from a shooting incident in rural Lee County on Christmas Eve, 1993. David Smith, the plaintiffs' son, was riding in a truck when defendant Cliff Bell shot him in the back with a high-powered rifle....
BISHOP v. FARHAT - 6/17/1997
Jill Bishop, a nurse, filed this complex products liability action against several manufacturers and distributors of latex examination and surgical gloves. Bishop claims that her use of the defendants' gloves in her work with doctors'...
FLOURNOY v. BROWN - 6/17/1997
This personal injury suit arises from injuries sustained in an automobile collision. The case was tried by jury and a verdict was rendered in favor of appellant/plaintiff Celestine Flournoy in the amount of $14,892. Appellant appeals...
CLEVELAND v. SKANDALAKIS - 6/2/1997
David L. Cleveland, as administrator of the estate of Ronnie I. Cleveland, appeals from the denial of his petition for writ of mandamus brought against Mitch J. Skandalakis, Chairman of the Fulton County Board of Commissioners, Fulton...
WASHINGTON v. SOUTH GEORGIA MEDICAL CENTER - 5/28/1997
Kenneth Washington, Sr., individually, and his wife Cynthia Washington, individually and as next friend of her son, Kenneth Washington, Jr., appeal from an order of the trial court dismissing their action against South Georgia Medical...
HEIS v. YOUNG - 5/28/1997
On July 12, 1993, Norma and Harry Heis were involved in a car accident with Clinton Young in Georgia. The Heises were residents of Illinois and Young was a Georgia resident. Young and his wife filed suit against the Heises in Georgia...
LEE v. STATE OF GA. - 3/26/1997
The pivotal question in this forfeiture case under OCGA § 16-13-49 is whether the trial court erred by failing to allow William Steven Lee to correct a clerical error and amend his answer eighty-three days after originally filing it....
XIONG v. LANKFORD - 3/25/1997
Seu and Joua Yang Xiong, the parents of Roger Xiong, brought this wrongful death action against Warren Lankford, who was operating a motor vehicle that struck and killed Roger. The jury returned a verdict in favor of Lankford, and the...
REDDING v. WALKER - 3/21/1997
Chiquata Redding, Aquarious Redding and Bobby Williams filed these personal injury suits against Pauline Walker. Walker owned the car which co-defendant Dennis Watson, while driving at speeds in excess of 100 m.p.h., crashed into...
NAT. AM. INS. CO. v. THORNTON - 3/21/1997
National American Insurance Company, Inc. (National), Fast Freight, Inc., and J. C. Mobley sued Michael Thornton and Michael Thornton, P.C. (Thornton) for legal malpractice. Thornton moved for summary judgment which the trial court...
EVANS v. DEPT. OF TRANSP. - 3/19/1997
This action arose as the result of an automobile accident in which eighteen-year-old Frances Evans was killed when she lost control of her car on a wet highway and collided with a tractor-trailer truck. Josephine Evans, Frances'...
STURBRIDGE PARTNERS v. WALKER - 3/17/1997
Certiorari was granted to review the Court of Appeals opinion in Walker v. Sturbridge Partners, Ltd., 221 Ga. App. 36 (470 S.E.2d 738) (1996). The issue to be resolved is the showing that must be made by a plaintiff seeking to...
SAYLOR v. TROUP COUNTY - 3/14/1997
Joseph Saylor filed a personal injury action against Troup County ("County"). Saylor appeals the trial court's grant of summary judgment based on the County's sovereign immunity.
The salient facts are undisputed. Saylor was...
ST. JOSEPH'S v. COPE - 3/14/1997
The application of employer St. Joseph's Hospital, Inc. (Hospital) and its servicing agent was granted to consider the superior court's affirmance of the award of attorney fees to Cope in her workers' compensation case. We affirm. ...
GENERAL MOTORS v. CONKLE - 3/14/1997
As a sanction for discovery abuse the court struck General Motors' ("GM") answer and granted default judgment as to liability. The order was certified for immediate review and we granted GM's application for interlocutory appeal. ...
WHITE v. ROLLEY - 3/13/1997
We granted the application of White, his former partners, and partnership to determine whether they were entitled to summary judgment in former client Rolley's malpractice action against them based on Rolley's failure to show White's...
OXLEY v. KILPATRICK - 3/12/1997
Mrs. Oxley, as parent and next friend of her son Ben, brought this medical malpractice action against Dr. Kilpatrick, Women's Medical Center, Inc., and Dr. Rossi. The question on appeal is whether, based on undisputed facts of record,...
CAPITOL INDEMNITY CORPORATION v. CARTER POST 4472 - 3/11/1997
Capitol Indemnity Corporation (Capitol) appeals from the trial court's grant of summary judgment to Post 4472 of the VFW (VFW) and the denial of its motion for summary judgment. The court concluded that Capitol owed a defense to the...
SMITH v. U-HAUL CO. - 3/11/1997
Donald Smith appeals the trial court's order granting U-Haul's motion for summary judgment on his negligence and breach of contract claims. Smith also contends the trial court erred in denying his motion to compel discovery and in...
CONTROLLED BLASTING v. RANGER INS. CO. - 3/11/1997
Appellant Controlled Blasting, Inc. (CBI) appeals from the order of the superior court granting appellee/insurer Ranger Insurance Company's motion for summary judgment and denying the summary judgment motion of appellant. Appellant...
MCCLENDON v. 1152 SPRING ST. - 3/10/1997
Elaine McClendon timely filed a personal injury action against 1152 Spring Street Associates-Georgia, Ltd. III, a Georgia limited partnership, voluntarily dismissed the action pursuant to OCGA § 9-11-41 (a), then refiled the action...
WARE v. VAUGHN - 3/7/1997
This appeal by Tony L. Ware from a jury verdict in favor of defendant Jeffrey D. Vaughn in a personal injury case is the second appeal of the verdict and judgment. Appellant Ware sought an extension of time to file his brief and...
BRADLEY v. BRADLEY - 3/6/1997
This is the third appearance of this case involving the respective rights of various beneficiaries to share in a testator's estate. In order to present a clear view of the case, we will set out in some detail its procedural history. As...
STAR GAS v. ROBINSON - 3/5/1997
This case arose as the result of the death of Annette Robinson, wife of Eddie Lee Robinson and mother of three minor children. Mrs. Robinson died, and Mr. Robinson and the children became extremely ill, due to carbon monoxide poisoning...
MORRIS v. BAXTER - 3/5/1997
Carolyn Morris sued John Baxter for the wrongful death of her daughter, Deborah Easterwood, who committed suicide. The trial court granted Baxter summary judgment, and Morris appeals. For reasons which follow, we affirm.
Summary...
ABDUL-MAJEED v. EMORY UNIVERSITY HOSPITAL - 3/4/1997
In this wrongful death action based on medical malpractice, plaintiff Bahiyyah Abdul-Majeed appeals from the trial court's grant of summary judgment for defendants Emory University Hospital and Dr. Richard Riggins. Concluding that...
BAXTER v. COHEN - 3/4/1997
Our judgment in this case, Baxter v. Cohen, 220 Ga. App. 893 (470 S.E.2d 450) (1996), has been reversed by the Supreme Court on certiorari. Cohen v. Baxter, 267 Ga. 422 (479 S.E.2d 746) (1997). Accordingly, our judgment is vacated, and...
ROBERTS v. BURKE COUNTY - 3/3/1997
We granted certiorari to the Court of Appeals to consider its decision in Burke County School District v. Roberts, 220 Ga. App. 510 (469 S.E.2d 529) (1996) that the Roberts' son's death arose from the "use" of the school bus, thereby...
KEENAN v. PLOUFFE - 3/3/1997
One of the many issues raised by this appeal is whether a state-employed physician who is alleged to have negligently performed surgery on a private-pay patient is immune from suit under the State Tort Claims Act. The trial court...
DOYLE v. VOLKSWAGENWERK AKTIENGESELLSCHAFT - 3/3/1997
This case is before the Court on a certified question from the United States Court of Appeals for the Eleventh Circuit. Doyle v. Volkswagenwerk Aktiengesellschaft, 81 F.3d 139 (11th Cir. 1996). The question certified is:
When an...
BROWN v. DEKALB MED. CENTER - 2/28/1997
This medical malpractice claim by Natalie Brown, the executor of Christine Riley's estate, sought damages for injuries stemming from bed sores Ms. Riley allegedly suffered while a patient at DeKalb Medical's nursing home. The trial...
IN THE INTEREST OF E. C. - 2/28/1997
Appellant Brenda Camp challenges the termination of her parental rights, asserting that there was insufficient evidence that her child was deprived or that such deprivation, if present, was likely to continue. For the reasons set...
ATLAS AUTOMOTIVE v. WILSON - 2/28/1997
Willie Wilson brought this workers' compensation claim against his former employer, Atlas Automotive, Inc. ("Atlas"), and Atlas' servicing agent after Atlas suspended his workers' compensation benefits and terminated his employment....
GEORGIA SUBSEQUENT INJ. v. CONSOLIDATED FREIGHTWAYS - 2/27/1997
We granted Georgia Subsequent Injury Trust Fund's (Fund) application for discretionary appeal to review the trial court's application of the time limitations found in OCGA § 34-9-362 (a) to the facts of this case. As the facts indicate...
THOMPSON v. LONG - 2/25/1997
On May 2, 1994, Edna Thompson sued Crawford W. Long, M.D. for "professional malpractice." In the complaint, Thompson alleged that " n July 25, 1988, during the course of surgery, unborn child died due to the negligent handling of her...
STATE FARM v. A.M. HARDWARE - 2/24/1997
In Case No. 96A1626, appellant/plaintiff State Farm Fire and Casualty Company (State Farm) appeals from the order of the superior court granting appellee/defendant American Hardware Mutual Insurance Company's (AHM) motion for summary...
MEARS v. GULFSTREAM AEROSPACE - 2/20/1997
Sheila Mears and her husband Luther brought this action for intentional infliction of emotional distress and loss of consortium against Gulfstream Aerospace Corporation ("Gulfstream"), Sheila Mears' former employer, and Harold Smith,...
COTTON STATES MUTUAL INSURANCE COMPANY v. HIPPS - 2/20/1997
Cotton States Mutual Insurance Company filed this action to have its rights declared under its policy with Michael Hipps.
On April 24, 1994 Hipps' son Jeffrey was involved in a collision with other persons. Those other...
XPRESS CARGO v. MCMATH - 2/20/1997
Xpress Cargo Systems ("Xpress") and its insurer, International Indemnity Company ("International"), appeal a personal injury judgment in favor of Evelyn McMath. A Fulton County jury awarded McMath $100,000 in damages after finding...
WILLIAMS v. WEST CENTRAL GA. BANK - 2/19/1997
We granted a discretionary appeal to the injured employee in this case to determine whether the administrative law judge (ALJ) and the appellate division of the board of workers' compensation had authority under OCGA § 34-9-200 (a) to...
YETMAN v. GREER - 2/19/1997
On June 15, 1989, John A. Yetman died as the result of injuries received on May 20, 1989, from a collision caused by Gilbert Corporation of Delaware, Inc., H. B. Zachary Company, and the Georgia Department of Transportation ("DOT"). On...
FORD MOTOR CO. v. TIPPINS - 2/18/1997
Phillip Morris Tippins and his wife were killed in a collision between their car and a van. Tippens's sons, as joint administrators of his estate, brought this product liability action against Ford Motor Company, alleging that the...
BRIDGES FARMS - 2/17/1997
Scott Blue brought suit, seeking to recover for personal injuries he sustained while on property owned by Bridges Farms, Inc. (Farms). The jury returned a general verdict for Blue, and Farms appealed to the Court of Appeals. The Court...
CALDWELL v. AARLIN/HOLCOMBE ETC. - 2/17/1997
We granted certiorari in this workers' compensation case to address whether this Court's decision in Ga. Electric Co. v. Rycroft, 259 Ga. 155 (378 S.E.2d 111) (1989), in which we adopted the false representation defense, is...
GLISSON v. HOSP. AUTH. - 2/14/1997
This is an action for medical malpractice wherein the trial court granted appellees' motion to dismiss on April 12, 1996, based upon
appellees' assertion that appellant failed to comply with the provisions of OCGA § 9-11-9.1...
FORD v. WHIPPLE - 2/13/1997
Appellants, parents of Emily Claire Ford, challenge the trial court's dismissal with prejudice of their personal injury claim brought against appellee "in their capacity as parents of" the child.
The Fords allege on February 1,...
BENNETT v. TERRELL - 2/12/1997
Carla Bennett sued Samuel Terrell for personal injury following a rear-end car collision. After Terrell admitted the accident was his fault, the trial court granted a directed verdict against him on the issue of liability. The jury,...
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