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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Sambor v. Kelley - 5/3/1999
In the Supreme Court of Georgia
Timothy Sambor appeals the grant of summary judgment to John Kelley, D.O., in this medical malpractice case. Sambor contends that the trial court unconstitutionally modified OCGA § 9-11-9.1 in...
Cobb County School District v. Barker - 5/3/1999
In the Supreme Court of Georgia
We granted appellant Cobb County School District's discretionary application in order to review the decision of the Superior Court of Cobb County which upheld the constitutionality of former OCGA §...
Kidd v. Coates - 5/3/1999
In the Supreme Court of Georgia
Appellees Daniel Coates, a member of a multi-agency drug unit, and David Aguilar, a City of Winder policeman, were among the law enforcement officers who executed a "no-knock" search warrant at the...
Martin v. Johnson-Lemon - 5/3/1999
In the Supreme Court of Georgia
We granted certiorari in this case to consider whether, in reversing the trial court's grant of summary judgment to the defendant landlord in this wrongful death action, the Court of Appeals...
Leach v. Monroy - 4/30/1999
In the Court of Appeals of Georgia
Kelly Leach sued Cirilo Monroy in DeKalb County Superior Court alleging she was injured in an automobile accident in DeKalb County caused by Monroy. After Leach was unable to locate Monroy for...
Daniels v. Bucyrus-Erie Corporation - 4/29/1999
In the Court of Appeals of Georgia
In 1992 Carroll Daniels was severely injured when a crane manufactured by Bucyrus-Erie Corporation tipped over onto him. Before lifting two 12-ton ice machines off the top of a building owned by...
Hillary v. Burrell - 4/28/1999
In the Court of Appeals of Georgia
Evernezer and Valerie Hillary brought a personal injury action against Jeffrey Burrell whose vehicle rear-ended theirs. Enumerating four errors, the Hillarys contest the verdict directed in...
Herr v. Withers - 3/19/1999
WHOLE COURT
In the Court of Appeals of Georgia
After a rear-end collision, James D. Herr sued Bridget L. Withers, alleging negligence. When the jury awarded Herr $10,000, approximately $3,000 less than his claimed special...
General Motors Corp. v. Blake - 3/19/1999
WHOLE COURT
In the Court of Appeals of Georgia
AN-115 to Bea
Felicia Blake was permanently crippled in an automobile collision on November 4, 1992, when the driver of a taxicab lost control of the cab, crossed over...
Paulsen Street Investors v. Ebco General Agencies - 3/18/1999
In the Court of Appeals of Georgia
SM-113
This case appears before us for the second time. In Paulsen Street Investors v. EBCO General Agencies, 224 Ga. App. 507 (481 SE2d 246) (1997) ("Paulsen Street I"), we determined...
Ray v. Ford Motor Co. - 3/10/1999
In the Court of Appeals of Georgia
P-116
On October 2, 1992, Ann W. Ray drove her 1989 Ford Mustang up the incline of her driveway into her carport. The car's rear tires came to rest just outside of the lip of the carport...
Crowder v. Larson - 3/10/1999
In the Court of Appeals of Georgia
Ru-111
On March 2, 1996, Sandra Crowder's two young children died when a fire broke out in their mobile home. Crowder and the children's respective fathers, Jimmy Lowry and Stefan Maddox,...
Blackwell v. Goodwin - 3/10/1999
In the Court of Appeals of Georgia
Ru-121
On March 30, 1993, Rita and James Blackwell sued Shirley Goodwin, a nurse, for professional malpractice and battery, alleging that on April 15, 1991 Goodwin improperly administered...
Miller v. Walker - 3/8/1999
This case involves the question of whether certain minor children remain beneficiaries of a trust created by their natural grandfather despite the children's adoptions by unrelated persons. We affirm the lower court's determination...
Cook v. State Farm Mutual Automobile Insurance Co. - 3/8/1999
In the Court of Appeals of Georgia
Howard Cook appeals from the trial court's grant of summary judgment to State Farm Mutual Automobile Insurance Company (State Farm) and Progressive Preferred Insurance Company (Progressive),...
Davenport v. Northeast Georgia Medical Center Inc. - 3/3/1999
In the Court of Appeals of Georgia
Ba-130
James A. Davenport, M.D., sued Northeast Georgia Medical Center, Inc. ("Northeast Georgia") for money damages because his staff privileges were terminated by Northeast Georgia....
Davenport v. Northeast Georgia Medical Center - 3/3/1999
*PLEASE NOTE: THIS IS A SUBSTITUTE OPINION.
In the Court of Appeals of Georgia
Ba-130
James A. Davenport, M.D., sued Northeast Georgia Medical Center, Inc. ("Northeast Georgia") for money damages because his staff...
Dove v. Sentry Insurance - 3/3/1999
In the Court of Appeals of Georgia
Martin Dove was injured on the job and Sentry, his employer's worker's compensation carrier, paid benefits and medical bills as a result of the injury. Dove continued to experience various...
North Brothers Co. v. Thomas - 3/1/1999
In the Court of Appeals of Georgia
BL-122
North Brothers Company and GAB Robbins (collectively North Brothers) appeal the trial court's order denying and dissolving a workers' compensation subrogation lien against the...
WILLIAMS v. WORSLEY - 12/24/1998
Alice and Allen Worsley, as parents of Ashley Worsley, brought this wrongful death action against Thomas Williams, Alice Worsley's father, after 13-year-old Ashley was electrocuted on Williams's property. The case was tried to a jury,...
REHBERGER v. STATE - 12/18/1998
Robert Rehberger, a former attorney and candidate for probate judge, was convicted of two misdemeanors, simple battery (OCGA § 16-5-23) and sexual battery (OCGA § 16-6-22.1), and a felony, false imprisonment (OCGA § 16-5-41), for...
POTTS v. UAP-GA. CHEM. - 12/17/1998
The Supreme Court reversed our affirmance of the superior court's grant of summary judgment to the employer in this wrongful death and survival action, finding the employee was not engaged in work activity so that the exclusive remedy...
SWITZER v. GORMAN - 12/16/1998
Rebecca and Charles Switzer appeal from the judgment entered after a jury found for defendant Gorman on the Switzers' claim of medical malpractice. The Switzers argue on appeal that the trial court erred in not allowing them to strike...
DENT v. MEMORIAL HOSPITAL OF ADEL - 12/4/1998
Mark Alan Dent, the 15-month-old son of Joe Edward Dent and Lee Anne Dent, stopped breathing at home, was successfully resuscitated, and was brought to Memorial Hospital of Adel. A physician admitted the child to the Hospital and...
HAMILTON v. WALKER - 12/4/1998
In this "dog bite" tort action, Sarah B. Hamilton, on behalf of her daughter, Sarah E. Hamilton (Sarah), appeals the trial court's grant of summary judgment to Richard and Evelyn Walker, contending that the Walkers should have known...
IN THE MATTER OF PERRY - 12/4/1998
This disciplinary matter is before the Court on the recommendation of the Review Panel of the State Disciplinary Board, which found that the respondent, Donnie E. Perry, violated Standards 4 (engaging in professional conduct involving...
DEHART v. LIBERTY MUTUAL INSURANCE COMPANY - 12/4/1998
Craig and Jeannie DeHart filed this action in federal court seeking a declaration that a liability insurance policy issued by Liberty Mutual Insurance Company was in effect when their son was injured in an automobile collision in North...
PATTERMAN v. TRAVELERS - 12/3/1998
Scott and Donna Patterman filed a class action lawsuit against The Travelers, Inc., Primerica Financial Services, Inc. (PFS), Primerica Life Insurance Company (PLI) and National Benefit Life Insurance Company, asserting various claims...
OXLEY v. KILPATRICK - 12/2/1998
In Oxley v. Kilpatrick, 225 Ga. App. 838 (486 S.E.2d 44) (1997), we reversed the trial court's grant of motions for summary judgment filed by Dr. Rossi and his two co-defendants. The Supreme Court granted certiorari and reversed our...
MOORE v. TCI CABLEVISION OF GEORGIA - 12/2/1998
This case arises from an automobile accident which occurred on July 21, 1993. Angela Moore and Hannah Moore, the appellants, were guest passengers in a car driven by Judy O'Neal. O'Neal was distracted by children in the back seat as...
PHOEBE PUTNEY MEMORIAL HOSPITAL v. SKIPPER - 12/2/1998
This medical malpractice action was first decided on appeal in Phoebe Putney Mem. Hosp. v. Skipper, where the facts are fully set out. The court held that Skipper filed an invalid affidavit under OCGA § 9-11-9.1 based on the affiant's...
ETKIND v. SUAREZ - 8/24/1998
Appellants in this action frankly state that " his medical malpractice action seeks to change the law on wrongful birth by obtaining a ruling that Atlanta Obstetrics & Gynecology Group v. Abelson, 260 Ga. 711 [(398 S.E.2d 557)]...
DYBAS v. TOWN OF CHESTER - 8/24/1998
Angelina Dybas appeals from the trial court's orders granting summary judgment to the Town of Chester and two of its officers in their official capacity and to Dodge County and two of its officers in their official capacity on her...
PHILLIPS v. MCCROSKEY - 8/21/1998
Brenda Phillips filed a malpractice suit against Dr. McCroskey in the wrong county and successfully moved to have the matter transferred to the right county. In the transfer order, the court ordered Phillips, pursuant to USCR 19.1 (F),...
EDWARDS v. INGLES MARKET - 8/20/1998
Rose Edwards appeals the trial court's grant of summary judgment to Ingles Market, Inc. in this "rainy day" slip and fall case. For the reasons set forth below, we reverse.
"In determining whether the trial court properly granted...
SAWYER v. DEKALB MEDICAL - 8/20/1998
After being admitted to DeKalb Medical Center ("DMC"), Horace K. Sawyer developed respiratory complications and died. Shortly before the expiration of the two-year statute of limitations (OCGA § 9-3-71 (a)), Mrs. Sawyer sued DMC for...
THOMAS v. CARTER - 8/17/1998
Katina Thomas appeals the trial court's grant of partial summary judgment to uninsured motorist carrier State Farm, based on its argument that Thomas was not entitled to recover for mental distress suffered as a result of the death of...
PHILLIPS v. JACKSON - 8/14/1998
In separate actions, Damiana Nicola Phillips and Tony Teras Bigelow sued Benji Jackson for injuries they allegedly suffered in an automobile collision involving Jackson. Jackson moved for summary judgment in both cases, asserting that...
HOLMES v. CHATHAM AREA TRANSIT - 7/30/1998
Brenda Holmes, as executrix of the estate of Albert Leroy Holmes, Jr., and Albert Holmes appeal the trial court's order dismissing their suit against the Chatham Area Transit Authority (CATA) on the ground they failed to give the State...
ESTATE OF R. L. PATTERSON v. FULTON-DEKALB - 7/30/1998
The estate of Roddy Lee Patterson appeals the Fulton County Superior Court's grant of summary judgment to the defendant-appellee Fulton-DeKalb Hospital Authority ("Hospital Authority") in this medical malpractice action. We affirm. ...
IN THE INTEREST OF N. J. W. - 6/26/1998
Alton Wooten appeals the juvenile court's termination of his parental rights to N. J. W., A. W. III, J. D. K., and R. W., claiming that the evidence was insufficient to support the termination. We affirm.
"On appeal, this Court...
WHORTON v. BOATWRIGHT - 6/23/1998
In this medical malpractice action, the trial court granted a motion in limine excluding evidence regarding the physician's consumption of alcohol. The trial court excluded two categories of evidence. First, the court excluded the...
IN THE MATTER OF BENNETT - 6/15/1998
This disciplinary matter is before the Court on the special master's recommendation that Respondent Charles Anna Bennett be disbarred for violations of the following disciplinary standards of Bar Rule 4-102: Standard 4 (lawyer shall...
GEORGIA POWER CO. v. FRANCO REMODELING - 6/15/1998
The sole issue in this case is whether the workers' compensation exclusive remedy provisions of OCGA § 34-9-11 (a) bar the express indemnity provisions of the High-voltage Safety Act, OCGA § 46-3-40 (b). Based on this Court's decision...
WADE v. WHALEN - 6/4/1998
Charles Wade sued Dr. Thomas Whalen for medical malpractice arising out of the doctor's participation in surgery on Wade's mother. She died on August 12, 1992, allegedly as a result of the malpractice. Wade filed suit on August 10,...
LLOYD v. KRAMER - 6/3/1998
Ann Lloyd sued her podiatrist, Jerald N. Kramer and his professional corporation, Dr. Jerald N. Kramer, P. C., for medical malpractice, fraud, battery, breach of fiduciary duty, punitive damages, and
costs. Enumerating two...
HARRY v. GLYNN COUNTY - 6/1/1998
Michael Harry sued Glynn County and Franklin Wallace, an employee of Glynn County, for damages arising from the death of Harry's wife. Ms. Harry collapsed in a restaurant and Wallace was the paramedic who responded to the call for...
SMITH v. STEEL - 5/28/1998
We granted the discretionary appeal in this workers' compensation case to determine if the superior court exceeded the lawful scope of its review in reversing the State Board's award for the employee.
On April 27, 1994, Ronny...
OLIVER v. STATE - 5/27/1998
Arlene Oliver was indicted for armed robbery (OCGA § 16-8-41), possession of a knife during commission of a crime (OCGA § 16-11-106), and giving a false name and date of birth to a law enforcement officer (OCGA § 16-10-25). The latter...
CLYDE v. PETERSON - 5/20/1998
Eleanor Clyde appeals an adverse verdict by the jury in her personal injury action against Michael Peterson arising out of a vehicle collision. She was a passenger in a truck driven by her husband which collided with Peterson's car...
EADY v. CAPITOL INDEM. CORP. - 5/19/1998
In Case No. A98A0530, Gilbert Udoto d/b/a Big Daddy's Liquors and Lounge filed notice of appeal from an order granting summary judgment to appellee Capitol Indemnity Corporation and denying summary judgment to Eldred Eady and Michael...
THORNTON v. NATIONAL AMERICAN INSURANCE CO. - 5/18/1998
The court of appeals reversed the grant of summary judgment to attorney Michael Thornton in this legal malpractice action, concluding that a fact issue existed as to whether Thornton had actual notice of trial before the trial court...
OGLETREE v. NAVISTAR INTL. - 5/18/1998
The predecessor of Navistar International Transportation Corporation (Navistar) manufactured the cab and chassis of a fertilizer spreader truck. The owner of the truck backed it over Mrs. Jackie Ogletree's husband, causing his death....
DEPARTMENT OF TRANSPORTATION v. EVANS - 5/4/1998
We granted certiorari in Evans v. Dept. of Transp., 226 Ga. App. 74 (485 S.E.2d 243) (1997) to consider whether the Court of Appeals correctly construed the phrase "the county wherein the loss occurred" found in OCGA § 50-21-28, the...
THOMASSON v. RICH PRODUCTS - 5/4/1998
Plaintiff Linda Thomasson brought this tort action against defendant Rich Products Corporation ("Rich Products"), alleging she purchased "a bagel from Infantry Hall cafeteria at Ft. Benning, Georgia[; . . . that when plaintiff] began...
RIDDLE v. BEKER - 5/1/1998
At the trial of this medical malpractice case, the jury found in favor of defendants Herschel I. Beker M.D. and North Fulton Orthopaedic Clinic, P.C. In three interrelated enumerations of error, plaintiff Dorothy Riddle appeals the...
FLINT ELECTRIC MEM. CORP. v. ED SMITH CONSTR. CO. - 12/15/1997
Appellant Flint Electric Membership Corporation appeals from an order granting summary judgment in behalf of appellee/third party defendant Ed Smith Construction Company, Inc.
Suit was filed for damages for personal injury and...
HUNTER v. NISSAN MOTOR CO. - 12/5/1997
In January 1989, Margaret Thrasher Hunter was driving a 1982 Nissan Sentra automobile ("Sentra") with her two sons as rear-seat passengers. While she was waiting to make a turn, her Sentra was struck in the rear by a 1980 Chevrolet...
LUNCEFORD v. PEACHTREE CAS. - 12/5/1997
The issue in this appeal is whether an automobile insurance policy issued by Peachtree Casualty Insurance Company (Peachtree) covers punitive damages. We conclude that the broad language of the policy encompasses this type of coverage,...
ROSE v. FIGGIE INTL. - 12/5/1997
This is a product liability action arising from an incident in which a nozzle assembly of a fire extinguisher spontaneously exploded and separated from the canister. It caused a cloud of chemicals to disperse in Margaret Rose's...
SINKFIELD v. OH - 12/5/1997
Lorrie Marie Sinkfield sued Shi-Han Oh, M.D., and Gerry Farmer, M.D. her treating obstetricians, after she suffered a miscarriage. Sinkfield challenges the summary judgment in favor of the defendant doctors.
Viewed in the light...
STATE FARM v. TERRY - 12/4/1997
This case presents yet another permutation of the "vanishing insurance coverage" dilemma in the context of disputes between automobile insurance carriers and their insureds regarding uninsured motorist insurance.
On July 29,...
BELL SOUTH v. WIDNER - 12/3/1997
Pursuant to the grant of an interlocutory appeal, Bell South Telecommunications, Inc., challenges the denial of its motion for summary judgment in an action brought against Bell South by Betrice and William O. Widner. Mrs. Widner sued...
ROBINSON v. KROGER - 12/3/1997
Invitee Henrietta Robinson sustained an injury to her knee in a Kroger supermarket when she slipped on a foreign substance on the store's floor and fell. The trial court granted summary judgment to Kroger in Mrs. Robinson's negligence...
VANCE v. T. R. C. - 12/2/1997
T. R. C., a minor, brought an action against Dr. Luther Vance, Jr. and his professional corporation for damages arising from his failure to report T. R. C.'s herpes as sexual abuse under OCGA § 19-7-5. T. R. C. subsequently became...
PRESTO v. CHARTER PEACHFORD BEHAVIORAL HLTH. SYS. - 12/1/1997
This is the second appearance of this case before us. In Presto v. Sandoz Pharmaceuticals Corp., 226 Ga. App. 547 (487 S.E.2d 70) (1997), we upheld the trial court's dismissal of the plaintiffs' claims against Sandoz Pharmaceuticals...
CITY COUNCIL v. BOOKER - 11/26/1997
Pursuant to the grant of an interlocutory appeal, the City Council of Augusta, Georgia, appeals the trial court's order denying its motion for summary judgment in this personal injury action brought by Lolita Patrice Booker, as next...
SIMMONS v. COWETA COUNTY - 11/25/1997
On June 13, 1995, Ray N. Simmons, plaintiff-appellant, was an inmate incarcerated at the Coweta County Correctional Institute as a State prisoner assigned to the work camp, which was operated by Coweta County and the Coweta County...
RISNER v. BULK EQUIPMENT. - 11/24/1997
In this workers' compensation case, the State Board awarded the employee recommencement of benefits following his termination for cause, but the superior court reversed the award on the grounds that the employee failed to establish any...
WOZNIUK v. KITCHIN - 11/13/1997
William Wozniuk went to a hospital emergency room complaining of stomach pain. He was examined by Houston W. Kitchin, M.D., who diagnosed his condition as viral gastroenteritis and sent him home. The next evening, Wozniuk returned to...
SOMMERS v. STATE COMPENSATION - 11/13/1997
Melanie Sommers sued several defendants to recover damages for injuries she sustained in an automobile accident. Because Sommers suffered these injuries during a business trip, State Compensation Insurance Fund ("SCIF") paid her...
SINGLETON v. PHILLIPS - 11/10/1997
Major Donna Phillips, an Army dentist, was involved in an automobile collision with Sebrina Singleton. Phillips sued Singleton for personal injury, and Phillips' husband claimed loss of consortium. The plaintiffs also served their...
GENERALI - U.S. BRANCH v. SOUTHEASTERN ETC. - 11/7/1997
Appellant Generali — U.S. Branch ("Generali") is an insurer which paid an uninsured motorist claim to its insured based upon a written notice by appellee Southeastern Security Insurance Company ("Southeastern") to its insured denying...
BOOTH v. ESSEX INS. CO. - 11/6/1997
Kevin Helms, while living and working at Project Adam Community Assistance Corp. Inc. ("Project Adam"), a residential facility for recovering alcohol and drug addicts, was killed by another resident of the facility. Judith Booth,...
HOME INS. CO. v. WYNN - 11/6/1997
Jacqueline Wynn ("Mrs. Wynn") is the surviving spouse, sole beneficiary and executrix of the estate of Rufus Wynn. At issue in these appeals is whether Mrs. Wynn, her attorney, and the tortfeasor's insurer acted properly in allocating...
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