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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PENN v. STATE - 2/12/1997
Penn was convicted of aggravated battery (OCGA § 16-5-24), aggravated assault (OCGA § 16-5-21), and simple battery (OCGA § 16-5-23). He was sentenced only for aggravated battery because the other two convictions merged. His sole...
MORRIS v. CSX TRANSP. - 2/12/1997
Carl Randy Morris, a rail car inspector, appeals the jury verdict for his employer, CSX Transportation, Inc. ("CSX"), in this action brought under the Federal Employers' Liability Act, ("FELA"), 45 U.S.C. § 51, et seq. Morris...
PENN-AMERICA v. DISABLED AM. VETERANS - 2/11/1997
Disabled American Veterans, Inc. ("DAV") owned a facility which was covered under a liability insurance policy issued by Penn-America Insurance Company. When Lois Farley slipped and fell on the premises, she and her husband sued DAV,...
JEFFERSON INS. v. DUNN - 2/7/1997
The following chronology is relevant to this appeal from the judgment awarding to plaintiff Charles Adrian Dunn $1,500,000.00 compensatory damages and a total of $3,000,000.00 punitive damages, based on a jury's special verdict finding...
ST. JOSEPH HOSP. v. BLACK - 2/4/1997
Black filed a petition under OCGA § 9-11-27 (a) to perpetuate the testimony of Paugh, the chief executive officer of St. Joseph Hospital, prior to the filing of a complaint. She anticipated filing a medical malpractice suit against Dr....
OLYMPIA SERVICES v. SHERWIN WILLIAMS - 1/31/1997
Rhonda Williams filed a complaint against Olympia Services, Inc., alleging that she fell and injured herself while skating at its skating rink. Olympia answered the suit and filed a third-party complaint against Sherwin Williams in...
CANDLER HOSP. v. CARTER - 1/30/1997
Mary Ann and Jerome Carter, on behalf of themselves and their daughter, Mary Catherine Carter, filed a medical malpractice action against Philip Flexon, M.D., Ear, Nose and Throat Associates of Savannah ("ENT Associates"), and Candler...
KILGORE v. GOLD KIST - 1/29/1997
Louise Hutchison ("the deceased") was fatally injured when Thomas Stephens, while acting within the scope of his employment with Gold Kist, Inc. ("Gold Kist"), struck the side of the deceased's car with Gold Kist's delivery truck. The...
NORFOLK SOUTHERN v. PERKINS - 1/28/1997
In this Federal Employers' Liability Act case, Norfolk Southern Railway Company ("Norfolk Southern") appeals from a jury verdict rendered in favor of George Perkins. Norfolk Southern contends the trial court erred in four respects: (1)...
DINGLER v. MORAN - 12/17/1996
Plaintiff Moran filed this tort action against defendant Dingler, his wife's grandfather. The complaint alleges that defendant was negligent in that he removed a protective guard from a circular table saw before allowing plaintiff to...
MCNABB v. LANDIS - 12/10/1996
Don McNabb, individually, and as executor of the estate of his wife, Patty McNabb ("McNabb"), sued Anthony Landis, D.O., and Suburban Hematology-Oncology Associates, P.C. ("Landis") asserting a medical malpractice claim for the...
CITY OF DALTON v. GENE ROGERS CONSTR. CO. - 12/5/1996
The City of Dalton appeals the trial court's order granting Gene Rogers Construction Company's motion for summary judgment. The City argues on appeal that the trial court erred in finding its third party indemnity action against Rogers...
CARTERSVILLE READY MIX COMPANY v. HAMBY - 12/5/1996
Terry Hamby filed a claim for workers' compensation, contending he sustained a back injury at work. Although his employer, Cartersville Ready Mix Company, knew or suspected within a short time after Hamby's injury that it was not...
G & MSS TRUCKING - 12/5/1996
In this case involving the Georgia Insurers' Insolvency Pool (GIIP), we granted discretionary appeal to defendant G & MSS Trucking, Inc. to review the denial of its motion to reduce plaintiff William Rich's personal injury and...
JORDAN v. JOHNSON - 12/5/1996
Jordan appeals from the denial of her motion for new trial, in this personal injury case arising from an automobile collision, on the grounds that Johnson violated the court's order on a motion in limine and that the testimony elicited...
SHARPNACK v. HOFFINGER INDUS. - 12/5/1996
Stephen Sharpnack suffered injuries which rendered him a quadriplegic when he dived from a mini-trampoline into an aboveground swimming pool owned by Jerry Morris and Mary Ann Morris. This incident occurred the first day the Morrises...
IN THE MATTER OF BAILEY - 12/5/1996
On April 14, 1995, this Court vacated its previous order disbarring Linell A. Bailey, suspended him pending further order, and remanded to the special master for consideration of evidence of psychological impairment on the question of...
GORING v. MARTINEZ - 12/5/1996
Goring appeals from the grant of summary judgment to Martinez, a physical therapist, and his employer, DeKalb Medical Center, on her claims alleging malpractice in the planning and conduct of her physical therapy. It was also alleged...
S K HAND TOOL CORP. v. LOWMAN - 12/3/1996
Pursuant to our grant of an interlocutory appeal to S K Hand Tool Corporation, we consider whether a professional malpractice affidavit under OCGA § 9-11-9.1 is required for a claim of strict liability under OCGA § 51-1-11. ...
POPE v. GOODGAME - 11/25/1996
Shirley Pope and James Gillis, children of Nancy Gillis and administrators of her estate, appeal from the judgment entered on the jury's verdict in favor of defendant James Goodgame, a radiation physicist. We affirm.
1....
NEC TECHNOLOGIES v. NELSON - 11/25/1996
Arthur and Kathy Nelson brought suit against Curtis Mathes Corporation, C. M. City, Inc. d/b/a Curtis Mathes Home Entertainment Center, and NEC Technologies, Inc. ("NEC"), seeking to recover property damages they sustained in a fire...
ALEXANDER v. GENERAL MOTORS CORPORATION - 11/25/1996
Alexander was injured while driving in Virginia when the driver's seat of his General Motors vehicle, purchased new in Georgia, failed in a collision and caused him to be ejected from the vehicle. He sued General Motors in Georgia...
WARNOCK v. DAVIS - 11/25/1996
Paula Davis sued her mother Delora Warnock for conversion and for an implied trust. A jury found for Davis and the court of appeals affirmed in an unreported opinion and imposed a frivolous appeal penalty on Warnock. Warnock v. Davis,...
JOHNSON v. TRUST COMPANY BANK - 11/22/1996
On July 18, 1993, plaintiff James Johnson was shot at an ATM owned by defendant Trust Company Bank. Four months later, he filed for Chapter 7 bankruptcy, but in doing so failed to list any claim
he might have against defendant...
SOUTH FULTON MEDICAL CENTER - 11/21/1996
Ernest and Jacqueline Poe, parents of the deceased infant Ernest Poe, Jr., brought this medical malpractice action against South Fulton Medical Center and Dr. M. O. Tomeh for their son's death. The matter was tried to a jury, which...
PICKARD v. COOK - 11/19/1996
The Pickards, on behalf of their son Ronnie, appeal from the trial court's grant of summary judgment to the Cookes on the Pickards' claim that the Cookes were liable for injuries suffered when Boucher's dog entered the fenced back yard...
O'DELL v. ST. PAUL FIRE &C. INS. CO. - 11/18/1996
This declaratory judgment action was filed by Daniel Lee O'Dell and two companies owned by him, DRACS Consulting Group, Inc. (DRACS) and Direct Recruiting Associates (DRA), against St. Paul Fire & Marine Insurance Company and...
GRIFFITHS v. SCHAFER - 11/15/1996
Kerry Schafer, a veterinary technician, sued Arthur Griffiths, the owner of an Akita dog who attacked Schafer while she was attempting to place a collar around him. The trial court denied the dog owner's motion for summary judgment,...
WASHINGTON v. GA. BAPTIST MED. CENTER - 11/13/1996
This medical malpractice case arises out the care and treatment
provided to D'Arcy Washington after he was shot in the chest and shoulder area as he attempted to burglarize a house in Walton County, Georgia. Because of the...
POGUE v. OGLETHORPE POWER CORPORATION - 11/4/1996
In Pogue v. Oglethorpe Power Corp., 82 F.3d 1012 (11th Cir. 1996), the United States Court of Appeals for the Eleventh Circuit certified the following state law question concerning tort immunity for premises owners paying workers'...
GEORGIA FARM BUREAU MUTUAL INS. CO. v. BLACKBURN - 10/31/1996
Georgia Farm Bureau Mutual Insurance Company filed a complaint for declaratory judgment that, under an insurance policy it issued to the Blackburns, it is not obligated to defend them in a wrongful death action. Pursuant to the...
BATES v. GUARANTY NAT. INS. CO. - 9/27/1996
Guaranty National Insurance Company ("Guaranty National") filed a declaratory judgment action against Michael Bates, and Bates appeals from the trial court's grant of summary judgment to Guaranty National. For reasons which follow, we...
ALLSTATE INSURANCE COMPANY v. HENDRIX - 9/24/1996
Allstate appeals the trial court's order in a declaratory judgment action finding that it must provide coverage under the provisions of a personal umbrella policy. We reverse.
The underlying dispute in this case arose out of a...
POWLEY v. PRECISION PLUMBING - 9/23/1996
Jean F. Powley and William E. Powley, the parents of a minor, Mark Powley, (collectively "Powley") brought a personal injury action against Precision Plumbing Company ("Precision") and its employee Richard Mixon to recover for damages...
BANKERS INSURANCE CO. v. TAYLOR - 9/23/1996
In this declaratory judgment action, Bankers Insurance Company contends that O.C.G.A. § 33-34-3 (a) (2) is unconstitutional under the Commerce Clause of the United States Constitution. The trial court entered judgment against Bankers....
WALKER v. SUTTON - 8/30/1996
Grace T. Walker sued Raymond Sutton, the alleged truck owner and his driver, Bobby Willis, for personal injuries allegedly sustained in a motor vehicle accident occurring on November 16, 1989. In November 26, 1991, Sutton answered that...
BUTLER v. BOLTON RD. PARTNERS - 8/28/1996
This is a personal injury suit involving a slip and fall which occurred on February 3, 1991. Butler voluntarily dismissed her first
complaint without prejudice in November 1994. Pursuant to OCGA § 9-2-61, Butler renewed her...
SHEPPARD v. STATE FARM FIRE & CO. - 8/28/1996
Connie Sheppard was injured in an automobile collision while operating a vehicle insured by State Farm, and she elected to receive medical expense benefits under that policy. Sheppard and her husband then brought a claim against the...
YOUNG v. W. S. BADCOCK CORPORATION - 6/27/1996
Plaintiffs Chip and Kim Young entered into a dealership agreement with defendant W. S. Badcock Corporation to operate a home furnishing center. Subsequently, they sought to terminate this relationship in accordance with the agreement....
KAPPA SIGMA v. TOOTLE - 6/27/1996
Sonya Tootle sued the Kappa Sigma International Fraternity and its local chapter (collectively "the Fraternity") for the alleged wrongful death of Ernest Tootle, who was killed in an automobile accident with Clinton Fair. Fair was...
CARTER v. THE FULTON-DEKALB COUNTY HOSPITAL AUTH. - 6/26/1996
This is the second appearance of this wrongful death and survival action brought against defendant Fulton-DeKalb Hospital Authority, d/b/a Grady Emergency Medical Service ("the Hospital"). Following an automobile accident, plaintiffs'...
SOUTHERN FIRE &C. v. FREEMAN - 6/25/1996
In Case No. A96A0596, Southern Fire & Casualty Company (Southern Fire) appeals the trial court's order granting Sarah Freeman's motion for summary judgment on the issue of Southern Fire's compliance with OCGA § 33-34-5 (b) in the...
SORRELLS v. EGLESTON CHILDREN'S HOSP. - 6/24/1996
In Richmond County Hosp. Auth. v. Brown, 257 Ga. 507 (361 S.E.2d 164) (1987), the Supreme Court held that the doctrine of apparent agency applies in medical malpractice cases: a hospital may be liable for a doctor's negligence, even...
MONROE v. SAVANNAH ELECTRIC & POWER COMPANY - 6/24/1996
Monroe's decedent Scott Ussery was towing a shrimp boat to Walsh's Dock on Tybee Island when a metal stanchion on the boat came into contact with an overhead power line that supplied the dock with electricity provided by Savannah...
BILT RITE OF AUGUSTA - 6/21/1996
James and Inez Gardner sued Bilt Rite of Augusta, Inc., for negligence and breach of warranty in installing a polyurethane foam roof on their house.
At trial the evidence showed that the manufacturer of this particular...
HILLSIDE ORCHARD v. MURPHY - 6/18/1996
This personal injury action arising out of a motor vehicle collision was tried before a jury in the Superior Court of Rabun County. The jury returned a verdict in favor of Jean and Wade Murphy ("Murphy") in the amount of $165,000,...
DEPARTMENT OF TRANSPORTATION v. BROWN - 6/17/1996
This case arose from a fatal intersection collision. The Georgia Department of Transportation (DOT) designed and constructed an extension of Georgia Highway 365, converting it to a four-lane, divided highway. The plans called for the...
WAUSAU INS. CO. v. MCLEROY - 6/17/1996
Appellees are the widows of and the executors/administrators of the estates of five men who were employees of Lockheed Aeronautical Services Corporation when they were killed in a work-related aircraft crash in February 1993. Appellant...
BRADEN v. BELL - 6/14/1996
Steven Meredith Braden by his wife Martha Braden appeals the grant of judgment on the pleadings to H. V. Bell, Jr., M.D., H. D. Meltzer, M.D., the estate of H. D. Meltzer, M.D., Bell-Meltzer Pathology Group, P.A., and South Fulton...
UNIROYAL GOODRICH TIRE COMPANY v. ADAMS - 6/14/1996
Mary Adams filed suit against Uniroyal Goodrich Tire Company and others for the wrongful death of her 17 year-old daughter, Barbara Bell, after her daughter was killed in a car accident. Pursuant to OCGA § 9-11-17 (a), Uniroyal moved...
PLUMLEE v. DAVIS - 6/11/1996
Bambi Plumlee appeals from the grant of summary judgment to attorneys Guy Davis, Jr. and William Gardner in this legal malpractice
action.
The record reveals that Plumlee signed a contract in March 1988 retaining Davis as...
CRIDER'S FURS - 6/11/1996
Kevin Atkinson injured his back while working for Crider's Furs in December 1992. He underwent back surgery in March 1993. Although Atkinson continued to experience pain and movement limitations related to his back condition, he...
ICI AMERICAS - 6/7/1996
In Banks et al. v. ICI Americas, Inc., 264 Ga. 732 (450 S.E.2d 671) (1994), our decision in ICI Americas, Inc. v. Banks et al., 211 Ga. App. 523 (440 S.E.2d 38) (1993), reversing the trial court's judgment in favor of the plaintiffs,...
MORGAN v. BARNES - 6/5/1996
In this personal injury action, David Morgan sued William David Causey, Deputy Wilbur A. Barnes, individually and in his official capacity, Sheriff Robert N. Reece in his official capacity, and Jones County. The trial court granted...
WASHINGTON v. SOUTH GEORGIA MEDICAL CENTER - 6/4/1996
Kenneth Washington, Sr., individually, and his wife Cynthia Washington, individually and as next friend of her son Kenneth Washington, Jr., appeal the trial court's dismissal of their action for failure to comply with discovery. ...
AMERICAN GOLF CORP. v. MANLEY - 6/4/1996
After plaintiff Jeffrey Manley was seriously injured in a golf cart accident, he and his wife Haley sued defendant American Golf Corporation, the operator of the golf course. Seeking actual and punitive damages, plaintiffs alleged that...
SOUTHERN GEN. INS. CO. v. WAYMOND - 6/3/1996
This case arose out of a motor vehicle accident between a log truck and trailer insured by Southern General Insurance Company [Southern General] and an automobile driven by David Waymond, Jr. Waymond was killed, and his mother, Sylvia...
NOBLES v. PREVOST - 5/30/1996
Plaintiffs Michael Nobles and Lisa Nobles filed this medical malpractice action in their individual capacities, and on behalf of their minor child Ryan Nobles, who was alleged to have been injured by the negligence of defendant...
HARPER v. DOOLEY - 5/29/1996
Clay Brunson was killed when the pickup truck he was driving struck logs extending from the back of a log truck. The log truck was parked in the turn lane of a public highway, at night, waiting for a paper mill to open early the next...
LUDI v. VAN METRE - 5/21/1996
Pursuant to this court's grant of his application for interlocutory review, Dr. Ludi appeals the trial court's denial of his motion to dismiss in Civil Action No. E-35041, filed as a renewal action of previously dismissed Civil Action...
GREENFOREST BAPTIST CHURCH v. SHROPSHIRE - 5/20/1996
Lewis Shropshire filed this personal injury suit for injuries received in October 1993 when he stepped on a nail protruding from a two-by-four board on the premises of Greenforest Baptist Church, Inc. Shropshire was hired to tear down...
CLEVELAND v. SNOWDROP PROPERTIES - 5/16/1996
On November 23, 1992, Deborah Cleveland suffered a compensable workers' compensation injury while entering the office building where she worked. On November 22, 1994, Cleveland filed a negligence action against the building owner and...
ROBIN v. BELLSOUTH - 5/9/1996
Robin, a Savannah attorney, sued BellSouth Advertising and Publishing Co. ("BAPCO") over a feature called "Real Consumer Tips" found in its Savannah yellow pages advertising. The trial court dismissed his case for failure to state a...
COHEN v. LOWE AVIATION COMPANY - 5/3/1996
Norman Cohen and Edward Hill, both licensed pilots, were killed instantly when a Cessna 172 airplane crashed during takeoff. Ellen Cohen, as surviving spouse and executrix under her late husband's will, brought this negligence action...
GRANTHAM v. AMIN - 5/2/1996
Kevin Grantham, individually, and as permanent administrator of the estate of Brenda Grantham, deceased, sued Sandoz Pharmaceutical Corporation ("Sandoz"), Mahendra G. Amin, and Dr. Mahendra G. Amin, M.D., P.C. ("Amin") alleging that...
GAMMAGE v. GRAHAM - 5/1/1996
On December 12, 1991, attorney Miles Gammage was appointed to defend 18-year-old Mark Eric Graham against charges of child molestation and attempted statutory rape of a 10-year-old girl. Graham had been confined since his arrest on...
BANKS v. ICI AMERICAS - 4/29/1996
This is the second appearance of this case in this Court. In Banks v. ICI Americas, 264 Ga. 732 (450 S.E.2d 671) (1994) (hereinafter "Banks I"), we adopted a risk-utility analysis as the appropriate test for reaching the legal...
IN THE MATTER OF W. N. ROBBINS - 4/29/1996
Respondent William N. Robbins challenges, on First Amendment grounds, Standard 18 of Bar Rule 4-102, prohibiting attorneys from advertising themselves as "specialists" except in limited circumstances. We hold Standard 18 is
...
BROWN v. JACKSON - 4/29/1996
Representatives of the estate of Etheridge Brown filed this
wrongful death suit against deputy Sheriffs Cordel Jackson and Richard Vining and Peach County. The three defendants filed a motion for summary judgment. The trial...
KORDARES v. GWINNETT CO. - 3/27/1996
The trial court wrote an excellent, thorough, complete and correct order in granting appellees' motion for summary judgment. We adopt the trial court's order, set out below in full, verbatim, as our opinion in this case.
ORDER OF...
SEELY v. LOYD H. JOHNSON CONSTRUCTION COMPANY - 3/15/1996
Loyd H. Johnson Construction Co., Inc. and Powers (the builder-sellers) built and sold a new residence to the Seelys. Soon after moving into the residence, Mr. and Ms. Seely discovered water leaking from the bathroom wall. The Seelys...
PARSONS - 3/15/1996
The Hardaway Company sued Parsons, Brinckerhoff, Quade & Douglass, Inc. and DRC Consultants, Inc. (collectively "Parsons") to recover for economic losses incurred in its construction of ten approach bridges for the Eugene Talmadge...
WHITLEY v. GWINNETT COUNTY - 3/15/1996
In this wrongful death case, Mary Whitley appeals the grant of Gwinnett County, Georgia's (the County) motion for partial summary judgment and jury verdicts for the County and Roger Dewitt, a Gwinnett County police officer. She...
HUMANA - 3/15/1996
We granted Humana, Inc.'s (Humana) application for interlocutory review of the trial court's order denying its motion for summary judgment as to all plaintiffs' claims. Plaintiffs brought the underlying medical malpractice action...
WARREN v. BALLARD - 3/15/1996
Although these two cases were not tried together in the trial court and were not heard together in the Court of Appeals, we granted certiorari in both to consider the same question, namely, when may a tort defendant elicit testimony...
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