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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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...
Hansen v. Cooper - 1/31/2002
After slipping and falling on some wet grass in her neighbors' yard, Joan Hansen instituted a personal injury lawsuit against her neighbors, Harry A. Cooper, M.D. and Beverly Cooper. The Coopers sought and obtained summary judgment....
Moon v. Mercury Insurance Company of Georgia - 1/29/2002
Cynthia Ann Moon sued Mercury Insurance Company of Georgia for unpaid medical expenses resulting from an automobile collision in which she was a passenger, seeking special damages, bad faith penalties, attorney fees, and punitive...
Trent v. Franco - 12/19/2001
This is an appeal from a grant of defendant Stephanie Franco's motion to dismiss plaintiff Tara Trent's renewal action, which motion was based upon the alleged failure to properly serve Franco in the original personal injury action. In...
Johnston v. Warendh - 11/30/2001
Agneta and Per-Olof Warendh filed suit against Lori Johnston and her brother, Robert Johnston, seeking damages for injuries Agneta Warendh sustained when she was attacked by two Rottweilers outside the home the Johnstons shared with...
Motors Insurance Co. v. Auto-Owners Insurance Company - 9/28/2001
The primary issue in this appeal involves construction of the automobile insurance provision set forth in OCGA § 33-34-3 (d) which provides in general that, where a car owned by a car dealer engaged in the business of selling new or...
Merck v. Saint Joseph's Hospital of Atlanta - 9/21/2001
Barbara Merck, pro se, filed the underlying action against Saint Joseph's Hospital of Atlanta, Inc. ("Saint Joseph's"), asserting claims of medical malpractice and intentional infliction of emotional distress arising from medical care...
Weiser v. Wert - 9/14/2001
This case raises the issue of first impression of whether the voluntary dismissal of a Chapter 13 wage earners plan not amended to schedule a medical malpractice claim arising after filing is sufficient to avoid judicial estoppel. The...
Williamson v. Coastal Physician Services of the Southeast - 9/13/2001
Joe Williamson was treated by a doctor in a hospital emergency room, and approximately two weeks later died. Williamson's wife sued, among others, Coastal Physician Services of the Southeast, Inc., which had supplied the emergency room...
AXA Global Risks v. Empire Fire & Marine Insurance Co. - 9/13/2001
AXA Global Risks appeals the judgment in favor of Empire Fire & Marine Ins. Co. in this insurance coverage declaratory judgment action, contending it provided only excess coverage for the loss. For the reasons which follow, we...
Bailey v. Bailey - 8/29/2001
As amended October 26, 2001.
Reconsideration denied September 28, 2001.
In his suit against appellees for injuries suffered in a car accident, Gregory Bailey appeals from the trial court's denial of his motion for service...
Memorial Hospital of Adel v. Dunn - 8/28/2001
On June 22, 2000, plaintiffs Alison and Randy Dunn filed medical malpractice and loss of consortium actions against defendants Memorial Hospital of Adel, Inc., A. J. Stone, CRNA and Rodney D. Tyson, M. D. (hereinafter defendants)...
Span v. Phar-Mor - 8/22/2001
This appeal arises out of the state court's grant of summary judgment to appellee-defendants Phar-Mor, Inc. and John Does One through Five ("Phar-Mor") upon a personal injury action filed by Coca-Cola bulk merchandiser ...
Center v. Williams - 8/20/2001
Anthony S. Williams filed a claim with the State Board of Worker's Compensation against Shepherd Center and its servicing agent, Georgia Hospital Association c/o Allied Claims Administration, Inc. ("Allied"), after Williams suffered a...
McDonald v. Metropolitan Atlanta Rapid Transit Authority - 8/16/2001
June H. McDonald appeals the trial court's order dismissing for lack of subject matter jurisdiction her personal injury action against Metropolitan Atlanta Rapid Transit Authority ("MARTA") and bus driver Howard Lee Wilson. Because the...
Douglas v. Seidl - 8/8/2001
Michael Douglas sued John Seidl for injuries sustained in an automobile collision. The trial court granted summary judgment to Seidl on the ground that Douglas failed to act diligently to effect service of process after the statute of...
Hodge v. Lott - 8/8/2001
Sedrick Demon Hodge and Calvin Lanier Harrell were held to be jointly liable in damages by a jury verdict for a motor vehicle collision that occurred on August 2, 1997, injuring Jerry L. Lott. Harrell settled with the plaintiff. Hodge,...
West v. Men's Focus Health Centers of Georgia - 8/3/2001
Henry West and his wife appeal an order of the State Court of Fulton County dismissing their renewal action against Men's Focus Health Centers of Georgia, Inc. (Men's Focus). The state court dismissed the renewal action on grounds that...
Powell v. Alan Young Homes - 8/2/2001
In her suit for the wrongful death of her husband, Catherine Powell files this appeal following a jury verdict in favor of Alan Young Homes, Inc. (AYH). She contends that the trial court erred by excluding her testimony at trial...
Miller v. Kitchens - 7/31/2001
On December 6, 1999, John Nathan Miller, plaintiff, sued Dr. Stephen F. Kitchens and his partnership, Coastal Surgeons, Ltd., for malpractice prior to and during an operation on October 2, 1997, to repair a hiatal hernia with...
Martin v. Consolidated Stores Corporation - 3/28/2001
Elmer Martin slipped, fell, and broke his hip while wading through an inch of water in the rest room of a store owned by Consolidated Stores Corporation d/b/a Big Lots ("Consolidated"). Martin filed a personal injury action and his...
Tongnan Fa Corp. v. Wang - 3/28/2001
This is a personal injury action arising from severe burns plaintiff James Z. Wang sustained while cooking with a covered pot purchased from Tongnan Fa Restaurant Supplies. Tongnan Fa Corp. ("Tongnan") appeals the trial court's denial...
Gullatt v. Omega Psi Phi Fraternity - 3/27/2001
JE-019
Nathaniel Gullatt sued Omega Psi Phi Fraternity, Inc., David Mickel and Bernard Moore for personal injury. On Omega Psi Phi's motion, the trial court dismissed the action "in its entirety" on the basis that Gullatt's...
Driskell v. Empire Fire - 3/26/2001
This lawsuit arises from a collision involving a vehicle owned by Metro Courier, Inc., a motor carrier. For injuries sustained in the collision, Edmund and Christine Harris obtained a $3,150,000 judgment against Metro. In their...
Johnson v. Riverdale Anesthesia Associates - 3/23/2001
Ru-093
Clair Johnson suffered a severe allergic reaction to general anesthesia she received during surgery. The reaction caused brain damage, and Johnson ultimately died. Clair Johnson's husband, Donald Johnson, and the...
Chaney v. Blackstone - 3/21/2001
P-111
Ray Chaney sued W. Kenneth Blackstone and his professional corporation, Law Office of William Kenneth Blackstone, P. C. (collectively "Blackstone") for legal malpractice. Chaney appeals following the grant of summary...
Miller v. Vitner - 3/15/2001
EL-032
The medical malpractice statute of repose, OCGA § 9-3-71 (b), attaches when an action filed within the statute of limitations is voluntarily dismissed and re-filed more than five years after the alleged injury. See Wright...
Hoffman v. AC & S - 3/14/2001
Ru-106
Elaine Hoffman filed suit against 16 manufacturers and/or suppliers of asbestos-containing products, alleging that she contracted malignant pleural mesothelioma as a result of exposure to defendants' products. She...
Penland v. Corlew - 3/13/2001
SM-079
In this appeal, we consider whether the trial court was authroized to grant an interlocutory injunction. Attorney S. Perry Penland appeals a temporary restraining order enjoining him from proceeding with four pending cases...
Tunsil v. Jackson - 3/7/2001
Merrill Tunsil (M. Tunsil), an attorney licensed in Florida, and his brother, Herman Tunsil, an attorney licensed in Georgia, represented Carl Jackson and his ex-wife, Lillie Griffin, in an action to recover for the wrongful death of...
In re Wood - 3/2/2001
As amended April 12, 2001
This disciplinary matter is before the Court pursuant to the Report and Recommendation of a special master who was appointed following the filing of a Formal Complaint by the State Bar. The Formal...
In re Swift - 3/2/2001
These disciplinary matters are before the Court on the Report and Recommendation of the Special Master filed in each of the above cases recommending that respondent David Anderson Swift be disbarred. The special master conducted a...
Bethea v. Coralli - 3/2/2001
Genevieve Bethea and her husband, Harvey, brought this action against her cardiologist, Dr. Richard Coralli, and his medical partnership, The Atlanta Heart Group, P.C. (collectively referred to as "Coralli"). The Betheas seek to...
Shasta Beverages - 3/2/2001
JE-085
After its newly developed, ready-to-drink tea product line spoiled on the grocery shelves, Shasta Beverages, Inc. filed a product liability suit against tea supplier Tetley USA, Inc., alleging breach of contract, breach of...
Ajayi v. Williams - 2/28/2001
Sm-109
This appeal involves the application of OCGA § 9-3-97.1, which provides for tolling the statute of limitation if medical records properly sought in preparation for a possible medical malpractice act are not furnished in a...
Hutcherson v. Obstetric & Gynecologic Associates of Columbus - 12/28/2000
As amended January 26, 2001.
BA-102
Acting individually and as the administrator of the estate of Pamela Hutcherson, Jeffery Hutcherson sued Obstetric & Gynecologic Associates of Columbus, P.C., and Charles Stamey,...
Georgia Department Of Human Resources v. Coley - 12/1/2000
Ba-066
While he was a patient at Central State Hospital, an institution operated by the Georgia Department of Human Resources (DHR), Ronnie Dudley was allegedly strangled to death by another patient, Richard Hailey. Dudley's...
Williams v. Young - 12/1/2000
P-061
In this medical malpractice action, the trial court granted summary judgment to defendants Devell R. Young, M.D., and Devell R. Young, M.D., P.C., on the ground that the statute of limitations had expired before plaintiff...
In re Carter - 11/30/2000
This disciplinary matter is before the Court on Respondent Ronald D. Carter's Petition for Voluntary Discipline in which he seeks a one-year suspension from the practice of law for his admitted violations of Standards 4 (a lawyer shall...
In re Lipscomb - 11/30/2000
This disciplinary matter is before the Court on the Report and Recommendation of the special master recommending that Respondent James Gerald Lipscomb be disbarred for violations of Standards 44 (a lawyer shall not without just cause...
Manesh v. Baker Equipment Engineering Co. - 11/28/2000
JE-072
Mehdi I. Manesh and his wife, Marsha L. Manesh, appeal from the grant of summary judgment to Baker Equipment Engineering Company in his suit for recovery for personal injury and her derivative suit for loss of consortium. ...
Betts v. Medcross Imaging Center - 11/21/2000
Michelle Antionette Betts, Kathy T. Cochran, Jason Han, Kara Nicole Mills and Denyne Rasheal Williams are former employees of MedCross Imaging Center, Inc. They brought an action against MedCross, MedCross's owner and his wife for...
Continental Insurance Co. v. American Motorist Insurance Co. - 11/21/2000
RU-056
RUFFIN, Judge.
This appeal arose from a dispute as to which of two insurance companies, Continental Insurance Company ("Continental") or American Motorist Insurance Company ("American"), bore responsibility for a...
Jones v. State - 11/20/2000
BL-088C
Billy Frank Jones appeals the sentence rendered by the trial court after he entered a non-negotiated plea of guilty to a misuse of firearms while hunting charge. Jones contends that his sentence of two years to serve and...
Citron v. Ghaffari - 11/16/2000
P-074
The sole issue in this case is whether an eight-week-old fetus whose only movement at the time of its death was a heartbeat can be considered "quick" under Georgia law, thus allowing the parents of the unborn child to...
Chorey - 11/13/2000
We granted a writ of certiorari to the Court of Appeals in order to address that court's application of the doctrine of respondeat superior to the facts of this case in Clark v. Chorey, Taylor & Feil, 240 Ga. App. 232 (522 SE2d...
Williamson v. Harvey Smith Inc. - 11/9/2000
P-060
On or about August 22, 1994, Charles N. and Sallie G. Williamson entered into a New Construction Purchase and Sale Agreement with Harvey Smith, Inc. to build a house in Roswell, Georgia. The contract price for the house was...
Park Pride of Atlanta - 11/7/2000
P-43
On October 9, 1993, Barbara Starr, a Hands On Atlanta volunteer participating in a park beautification project at Adams Park, was killed when a dump truck belonging to the City of Atlanta and being operated by a City...
Stimson v. George Laycock - 11/2/2000
SM-043
This case arises out of a contract for the construction of a new home entered into by George Laycock, Inc. and Richard and Linda Stimson. The trial court granted summary judgment to Laycock, concluding that the Stimsons'...
Kelleher v. Pain Care of Georgia - 11/1/2000
In 1995, Dr. Larry Empting treated Sharon Kelleher for chronic pain in facilities operated by Pain Care, Inc. (PCI) and Pain Care of Georgia, Inc. (PCGI). Kelleher died as a result of an overdose of controlled substances prescribed by...
Berry v. Hamilton - 11/1/2000
Lezlie Berry, the administrator of Wanda Martin's estate, and Martin's husband and two children (Berry) appeal from the trial court's grant of summary judgment to defendant Robert Hamilton and John Doe drivers one and two on Berry's...
Moore v. ECI Management - 11/1/2000
BL-070
On September 13, 1996, Clifford Moore was killed by electrocution while installing a stackable washer/dryer unit in an apartment complex. Following Clifford's death, his parents, Janie and Herbert Moore (the Moores), filed...
R.A. Siegel Co. v. Bowen - 9/28/2000
bl-048
In this action for the wrongful death of Anita Boise, The R. A. Siegel Company and Donald Bell (hereafter collectively defendants) appeal the jury's verdict in favor of Samantha Bowen and Marie Diaz (hereafter collectively...
Brooks v. Meriwether - 9/14/2000
Ru-076
Willa Mae Brooks sued Meriwether Memorial Hospital Authority for malpractice in connection with the death of her husband. Meriwether moved for summary judgment on the grounds that the suit was filed outside the five-year...
In re Watkins - 9/11/2000
These disciplinary matters are before the Court on the Report and Recommendation of the Review Panel which found that Respondent John D. Watkins violated Standards 4 (a lawyer shall not engage in professional conduct involving...
Stubbs v. Ray - 9/6/2000
Sm-061-062
Leonard and Carolyn Stubbs brought suit against St. Francis Hospital, Inc., Dr. Charles Ray, III, and Radiology Associates of Columbus, P.C., Dr. Ray's employer, for damages for medical malpractice. The Stubbses...
McBride v. Brown - 9/6/2000
BL-072
In this personal injury action, Jonathan McBride appeals the denial of his motion for summary judgment. He contends that Anthony Keith Brown is judicially estopped from bringing suit against him because Brown failed to...
Sapp v. Coshatt - 8/15/2000
Billy Coshatt filed a legal malpractice action against Gregory Sapp and the law firm of Calhoun & Associates. Defendants filed a motion to dismiss under OCGA § 9-11-12 (b) (6) for failure to state a claim upon which relief may be...
Ensley v. Carter - 8/3/2000
BA-040
Walter Slade Ensley and Benny Ensley, co-defendants in a personal injury lawsuit, appeal the denial of a motion for stay filed under the Soldiers' & Sailors' Relief Act of 1940, 50 USC § 501 et seq. Because the trial...
Leal v. Hobbs - 8/2/2000
Ru-054
Darryl Hobbs died after a cardiac arrest in an ambulance en route to Grady Hospital. His widow, Sherry Hobbs, brought this wrongful death action against Jacob Leal, a student intern riding along in the ambulance, as well...
International Harvester Company v. Cunningham - 7/31/2000
THE ORIGINAL OPINION DATED 6/25/00 IS VACATED. THIS IS A SUBSTITUTE OPINION.
International Harvester Company ("International") appeals from a jury verdict in favor of George Cunningham on his claim for injuries he received when...
Owens v. American Refuse Systems - 6/30/2000
BA-038
William Owens sued American Refuse Systems, Inc. ("ARS"), Waste Management Partners, Inc. ("Waste Management"), John Bellamy, Jr., and Continental Casualty Company ("CNA"), alleging that ARS destroyed a pressure tank which...
Deleo v. Mid-Towne Home Infusion - 6/29/2000
MI-021
Less than a week before the expiration of the statute of limitations for medical malpractice, Wendy A. Deleo and Dominick R. Deleo brought claims for medical malpractice and loss of consortium respectively against Philip...
Stephens v. McDonald's Corp. - 6/29/2000
Ruby Stephens appeals the trial court's dismissal of her personal injury claims against McDonald's Corporation. The primary issue is whether service of the complaint on an employee of a McDonald's franchisee gave McDonald's notice of...
Allstate Insurance Company v. Baldwin - 6/28/2000
JO-002
Allstate Insurance Company filed this interlocutory appeal from the trial court's order granting Rufus Baldwin's motion to add a defendant to a renewal action and denying Allstate's motion for summary judgment. Because no...
Parker v. Jester - 6/13/2000
Acting as the representative of her mother's estate and as a surviving child, Dorothy A. Jester brought suit for wrongful death and personal injuries arising from an accident in which Jester's mother, Evelyn J. Clemons, was struck and...
Rapid Taxi Co. v. Broughton - 6/12/2000
Ru-012
Rapid Taxi Company appeals the trial court's denial of its motion to set aside a default judgment. Because the trial court erroneously concluded that Rapid Taxi's motion was untimely, we reverse and remand.
James...
Ogletree v. Navistar International Transportation 022 Corp. - 6/9/2000
This is the sixth appearance of this case before us and the second time our Supreme Court has remanded it here. In its most recent opinion, the Supreme Court succinctly summarized the factual highlights and procedural history of this...
Grant v. Franklin - 6/8/2000
SM-030
Kimberly Grant appeals from the trial court's order granting summary judgment to Paul Franklin in this action filed by Grant against Franklin. Because we agree with the trial court that Kimberly Grant's lawsuit is barred...
Mullis v. Sikes - 6/8/2000
BL-026
Gerald Mullis, P.C. appeals from the trial court's grant of Marilyn Ann Sikes' motion to quash his attorney fee lien. For the reasons set forth below, we affirm.
Sikes had hired the Mullis firm to represent her in a...
Liberty Mutual Insurance Co. v. Johnson - 6/7/2000
MI-004
The questions on appeal are threefold. First, on a motion to recuse, is the accompanying affidavit legally sufficient where it alleges that the bias of the judge arises from having previously ruled on an issue that is now...
Parker v. Shreve - 6/7/2000
BA-013
Eileen Parker appeals the trial court's determination that her personal injury action was barred by the statute of limitations due to her lack of diligence in serving the complaint. For the reasons that follow, we reverse....
Yates v. Dean - 6/7/2000
Sm-001
Clayton Yates, Jr., his wife Debra Yates, and his children Clayton Yates, III, Carmen Yates, and Cecelia Yates, appeal from the judgment entered on the jury verdict in their favor in the suit they filed against Robert...
Jackson v. City of Hahira - 6/2/2000
Janice A. Bryant, Ricky and Debbie Jackson, and Amanda Jackson appeal the trial court's order granting the City of Hahira summary judgment in their personal injury actions arising out of the collision of Bryant's automobile and a train...
Mickens v. Western Probation Detention Center - 5/31/2000
JO-032
We granted Carol L. Mickens' application for discretionary appeal in this workers' compensation case to determine whether "weekly benefits" under OCGA § 34-9-82 (a) include permanent partial disability benefits paid...
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