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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Glover v. Ware - 12/9/2005
RUFFIN, C. J., JOHNSON, P. J., BARNES, J. Annie Laura Glover, the mother and administrator of the estate of Willie Fred Glover, sued Charles Ware, a landscaper, and his business entity, Old BW Landscaping, Inc., for wrongful...

Henderson v. Gandy - 12/1/2005
We granted certiorari to the Court of Appeals in Henderson v. Gandy, 270 Ga. App. 827 (608 SE2d 248) (2004), to consider whether Georgia's Fair Business Practices Act of 1975, OCGA § 10-1-390, et seq. ("FBPA"), the statutory scheme...

Sullivan v. State - 11/21/2005
James V. Sullivan was indicted by a Fulton County grand jury in 1998 on charges of malice murder, felony murder, aggravated assault and burglary arising out of the 1987 shooting death of his wife, Lita Sullivan. The State has filed...

In re Perry - 11/21/2005
This disciplinary matter is before the Court pursuant to the Report and Recommendation of the Review Panel of the State Disciplinary Board, which adopted the findings of fact and conclusions of law set out in the report and...

In re Green - 11/21/2005
These disciplinary matters are before the Court pursuant to six Notices of Discipline filed by the State Bar alleging that Spurgeon Green III, who was admitted to the State Bar of Georgia in 1995, violated Rules 1.2; 1.3; 1.4; 1.15 (I)...

Watson v. General Mechanical Services - 11/18/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ. Mathew Bailey Watson suffered a back injury during his employment with Applied Industrial Technologies (Applied Industrial) when he attempted to lift a heavy trash container with one arm...

Walker v. Giles - 11/18/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. Appellants Kimberly D. Walker and her husband Scott Walker, individually and as the surviving parents of their unborn child, brought the instant medical malpractice action against...

Burt v. James - 11/15/2005
SMITH, P. J., ELLINGTON and ADAMS, JJ. Adam and Susan Burt brought this action in April 2003 against Dr. Plas James and the Atlanta Spine Institute, P.C., the professional association that employed Dr. James (collectively "Dr....

Brad Bradford Realty - 11/15/2005
SMITH, P. J., ELLINGTON and ADAMS, JJ. After falling outside her son's apartment, Marilyn Virginia Callaway filed a premises liability action against Brad Bradford Realty, Inc. d/b/a Cobblestone Fayette Apartments, and Parkway...

Welch v. Georgia Dep't of Transportation - 11/15/2005
BLACKBURN, P. J., MILLER and ADAMS, JJ. Following the dismissal of their personal injury claim against the Georgia Department of Transportation ("DOT"), James and Esther Welch appeal, contending that the trial court erred in...

Brown v. Dorsey - 11/14/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ. Phyllis Brown, widow of murdered DeKalb County, Georgia, Sheriff- elect Derwin Brown, filed an action against the County, former DeKalb County Sheriff Sidney Dorsey, former deputies Patrick...

McNeil v. McCollum - 11/14/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ. Donald Wayne McNeil, Casual Carrier Trucking Company, Inc. ("Casual Carrier"), and Empire Fire and Marine Insurance Company ("Empire") appeal the trial court's denial of their motion to...

Groover v. Johnston - 11/10/2005
SMITH, P. J., ELLINGTON and ADAMS, JJ. In this renewal of a medical malpractice case, we granted Dennis Groover's application for interlocutory appeal from the trial court's denial of his motion for partial summary judgment....

Karwacki v. Georgia Dep't of Transportation - 11/8/2005
RUFFIN, C. J., JOHNSON, P. J., BARNES, J. On February 1, 1996, 15-year old Jessica Lynn Karwacki was killed when a car in which she was a passenger collided with a tree. Claiming that the roadway was negligently inspected and...

Rasheed v. Klopp Enterprises - 10/25/2005
SMITH, P. J., ELLINGTON and ADAMS, JJ. The State Court of Cobb County denied Yusuf and Frishawn Rasheed's motion for leave to amend their personal injury complaint against Klopp Enterprises, Inc. and Corey Fielding and, in the...

Dowis v. Mud Slingers - 10/24/2005
This Court granted certiorari to the Court of Appeals in Dowis v. Mud Slinger Concrete, 269 Ga. App. 805 (605 SE2d 615) (2004), to consider whether the conflict of laws rule lex loci delicti shouldbe retained in Georgia. For the...

Snider v. Basilio - 10/24/2005
RUFFIN, C. J., JOHNSON, P. J., BARNES, J. This is an appeal from a directed verdict granted to a doctor in a medical malpractice action. Because there is some evidence that the doctor violated the standard of care, the trial...

In re Harvey - 10/24/2005
This matter is before the Court on the Review Panel's report and recommendation that Respondent Harold Michael Harvey be disbarred from the practice of law for his violations of Rules 1.3; 1.4; 1.15 (I);1.15 (II); 5.5; 7.5; and 8.4 of...

In re Johnson - 10/24/2005
These disciplinary matters are before the Court pursuant to four Notices of Discipline filed by the State Bar of Georgia alleging that Audrey Johnson, who was admitted to the State Bar in 1987, violated Rules 1.1, 1.2, 1.3, 1.4, 1.16...

Lee v. Kim - 10/17/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. In this personal-injury action filed two days before the applicable statute of limitation was to run, plaintiff Won Suk Lee appeals the dismissal of his complaint where the only basis for...

Elliott v. Home Depot - 10/14/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ. Rachel and George Elliott sued Home Depot, U.S.A., Inc. for negligence after Rachel Elliott was allegedly injured while shopping at a Home Depot store. The jury found in favor of Home Depot,...

Davis v. Standifer - 10/11/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. Shaquita Davis appeals from the April 2, 2004 order entered by the State Court of Fulton County dismissing her amended complaint pursuant to the Georgia Tort Claims Act, 50-21-20 et seq....

Whitley v. Schwall - 10/11/2005
Leon and Mary Whitley appeal from the superior court's order determining that a writ of mandamus is not available to them. Finding that the court below was correct in so ruling, we affirm. The Whitleys are the plaintiffs in a...

Brown v. Coast Dental of Georgia - 10/7/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. On January 24, 2003, appellant Doris Jeanette Brown commenced her medical malpractice suit against appellees Dr. James J. Choi, D.D.S., Coast Dental of Georgia, P.C., and Coast Dental...

Gonzalez v. Dep't of Transportation - 10/4/2005
JOHNSON, P. J., MIKELL and BERNES, JJ. In Gonzalez v. Dept. of Transp., 265 Ga. App. 610 (594 SE2d 783) (2004), we held that a nonresident alien lacked standing to maintain a wrongful death action against the state Department of...

Moss v. Weiss - 10/4/2005
SMITH, P. J., ELLINGTON and ADAMS, JJ. In this medical malpractice case, Mayona Moss sued her physician, William D. Weiss, M.D., for damages arising out of complications from knee replacement surgery. A jury trial resulted in a...

Talton v. Arnall Golden Gregory - 9/29/2005
SMITH, P. J., ELLINGTON and ADAMS, JJ. Timothy C. Talton appeals from the trial court's dismissal of his negligence action against William H. Kitchens and the law firm of Arnall Golden Gregory, L.L.P. Finding no error, we affirm....

King v. Lessinger - 9/29/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. Appellants Joseph H. King, Jr., P.C. and Louis R. Feingold appeal from the trial court's order granting the motion to dismiss their complaint filed by appellees Howard M. Lessinger and...

Aldworth Co. v. England - 9/28/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. These consolidated cases arise out of a road rage incident. A truck driver supplied to Keystone Freight Corporation (Keystone) by Aldworth Company, Inc. (Aldworth) pulled in front of a car...

St. Paul Reinsurance Co. - 9/28/2005
WHOLE COURT In Ross v. St. Paul Reinsurance Co., 279 Ga. 92 (610 SE2d 57) (2005), the Supreme Court of Georgia reversed our previous decision in these consolidated appeals arising out of a garnishment action brought by Shirley...

Crisp Regional Hospital - 9/23/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ. Milton Oliver sustained a back injury while working as a custodian for Crisp Regional Hospital, Inc. (Crisp Regional). Acting as Oliver's employer pursuant to the provisions of the Georgia...

Metropolitan Atlanta Rapid Transit Authority v. Bridges - 9/23/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ. Pursuant to our grant of its application for discretionary appeal, Metropolitan Atlanta Rapid Transit Authority (MARTA) appeals from the superior court's order affirming the Appellate...

Lee v. Mercedes-Benz USA - 9/16/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ. A jury returned a general verdict for $25,000 in favor of Pamela Lee in her breach of warranty action against Mercedes-Benz USA, LLC ("MBUSA") under the Magnuson-Moss Warranty Act, 15 USC §...

Davis v. City of Forsyth - 9/9/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ. Ronald H. Davis and Beverly Davis filed an action against the City of Forsyth in 2001 seeking injunctive relief and damages for a continuing nuisance based on repeated sewage overflows onto...

Green v. Central State Hospital - 9/9/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ. In this medical malpractice action, we affirm the summary judgment granted to the appellees, Washington State Prison (the "Prison"), Dr. Michael Rogers, the Prison's medical director, the...

Fredericks v. Hall - 9/8/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ. Dr. Craig Fredericks and the South Georgia Neurological Institute (collectively "Fredericks") appeal from the judgment entered after a jury found for Barry and Chastity Hall on their medical...

Tice v. American Employers' Insurance Co. - 8/15/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ. American Employers' Insurance Company, d/b/a One Beacon Insurance, provided Renee and Michael Tice with two automobile liability insurance policies, one in 1992 and the other in 1996. The...

Swanson v. Hall - 8/11/2005
RUFFIN, C. J., JOHNSON, P. J., BARNES, J. Appellants Terry Lamar Swanson, Tommy Roberts Trucking, Inc., and Georgia Casualty & Surety Company appeal from a jury verdict and judgment against them in a personal injury and...

Williams v. Georgia Dep't of Transportation - 8/11/2005
BLACKBURN, P. J., MILLER and ADAMS, JJ. Following the dismissal of her personal injury claim against the Georgia Department of Transportation due to defective ante litem notice (see OCGA § 50-21-26), and the entry of summary...

Kolev v. Home Depot USA - 8/10/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ. Rusin Kolev and Bogdanka Koleva, parents of Gocho Kolev, who was killed when an automatic power door he was cleaning at the Lawrenceville Home Depot malfunctioned, appeal from the trial...

Adams v. Griffis - 8/8/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. Nannette Adams, as executrix of the estate of Antoinette Cook, sued Mark Griffis, M. D., and Dodge County Hospital Authority d/b/a Dodge County Hospital for damages arising out of the...

Bhansali v. Moncada - 8/4/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. In this medical malpractice action, defendants Dr. Bhansali and Atlanta Ear, Nose & Throat Associates, P.C. in Case No. A05A1448, and Dr. Dagi and Peachtree Neurosurgery, P.C. in Case...

Wasdin v. Mager - 8/3/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. In this medical malpractice action, plaintiffs Ann Wasdin and her husband appeal a partial summary judgment that precluded them from recovering mental distress damages arising from the...

Speed v. Muhanna - 7/22/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. In this medical malpractice action, Henry Speed appeals the trial court's grant of summary judgment to Dr. Shajih Muhanna, arguing that his attorney had no authority to release his medical...

Donnalley v. Sterling - 7/13/2005
SMITH, P. J., ELLINGTON and ADAMS, JJ. Joseph and Carole Sterling, individually and as administrators of the estate of their deceased son, Daniel Sterling, filed this wrongful death suit against Mike Donnalley and the Cobb County...

Currid v. DeKalb State Court Probation Dep't - 7/12/2005
RUFFIN, C. J., JOHNSON, P. J., BARNES, J. Vincent Currid died after falling from a garbage truck while performing court-ordered community service for the DeKalb County Public Works Department. Currid's estate and his father...

Sotomayor v. TAMA I - 7/12/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ. Juan and Araceli Sotomayor filed a wrongful death action against TAMA I, LLC, and Perennial Properties, Inc., (collectively referred to as "the landlord") the owner and manager of the...

McElmurray v. Augusta-Richmond County - 7/11/2005
Through their family corporation, the McElmurrays own and operate a dairy and crop farming business in Richmond County. In February 2001, they brought this suit against Augusta-Richmond County, successor by consolidation to the City of...

Service Merchandise Co. v. Hunter Fan Co. - 7/11/2005
RUFFIN, C. J., JOHNSON, P. J., BARNES, J. This appeal involves cross-motions for summary judgment filed by The Service Merchandise Company, Inc. (SM) and Hunter Fan Company (Hunter) on the issue of contractual indemnity for the...

Duvall v. Bledsoe - 7/8/2005
RUFFIN, C. J., JOHNSON, P. J., BARNES, J. Edwin Duvall brought a medical malpractice/wrongful death suit against multiple defendants, including Dr. Tom Bledsoe. Bledsoe moved to disqualify Duvall's counsel, Coppedge & Leman,...

In re Rand - 7/8/2005
This disciplinary matter is before the Court on the Report of the Special Master recommending that the Court accept Rand's petition for voluntary discipline and be removed from the practice of law for five years under Rule 4-104 of the...

Flott v. Southeast Permanente Medical Group - 7/8/2005
RUFFIN, C. J., JOHNSON, P. J., BARNES, J. Nancy Flott appeals the trial court's dismissal without prejudice of her medical malpractice claim against the Southeast Permanente Medical Group, Inc. and Dr. Joseph Schifilliti...

Leake v. Murphy - 7/7/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ. This is an appeal from the grant of a motion to dismiss a negligence action brought by Alan and Sandy Leake, individually and as parents of Anna Elisabeth Leake ("Anna"), a child who was...

Willingham v. Hudson - 7/7/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. Appellant Charlotte Willingham filed this medical malpractice action alleging that appellee Dr. Mark Hudson rendered negligent medical treatment which resulted in an infection and...

Williams v. Chick-fil-A - 7/6/2005
SMITH, P. J., ELLINGTON and ADAMS, JJ. William J. Williams appeals from the Fulton County State Court's grant of summary judgment to Chick-fil-A, Inc. (hereinafter, "the corporation") in this wrongful death action. The cause of...

Kroger Co. v. Williams - 7/6/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. Ruby Williams brought the instant action against the Kroger Company after she slipped and fell on a pole bean in the produce department of a Kroger grocery store located in Gwinnett...

Gates v. Navy - 7/6/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. Appellant Mark L. Gates brought the instant personal injury action against appellee Roy C. Navy, III, in the State Court of Cobb County. After two days of hearing evidence, a Cobb County...

Colonial Life & Accident Insurance Co. v. Heveder - 6/28/2005
SMITH, P. J., ELLINGTON and ADAMS, JJ. We granted the application for interlocutory appeal of defendant Colonial Life & Accident Insurance Company to review the trial court's denial of its motion for summary judgment. This...

King v. Dodge County Hospital Authority - 6/27/2005
SMITH, P. J., ELLINGTON and ADAMS, JJ. This appeal presents a question regarding the application of the affidavit requirement in OCGA § 9-11-9.1 in an action alleging battery. Specifically, we are required to determine whether,...

Jones v. Orris - 6/27/2005
ANDREWS, P. J., PHIPPS and MIKELL, JJ. Lisha Jones appeals from the trial court's order granting the defendants summary judgment in her medical malpractice action. She contends she is entitled to a jury trial because there are...

City of Atlanta v. Paulk - 6/23/2005
RUFFIN, C. J., JOHNSON, P. J., BARNES, J. The City of Atlanta ("the City") appeals the trial court's entry of judgment against it following the imposition of sanctions for discovery violations. The City claims: (1) the trial...

Thompson v. City of Atlanta - 6/23/2005
SMITH, P. J., ELLINGTON and ADAMS, JJ. This appeal arises out of the trial court's order granting summary judgment to the City of Atlanta (the city) in a negligence and nuisance action brought by plaintiff Janetta Thompson....

Clack-Rylee v. Auffarth - 6/22/2005
RUFFIN, C. J., JOHNSON, P. J., BARNES, J. Jill Clack-Rylee and Charles Rylee sued Bradley Auffarth, M.D. for medical malpractice. The jury returned a defense verdict, which they appeal, arguing that the trial court erred in...

Bregman-Rodoski v. Rozas - 6/22/2005
RUFFIN, C. J., JOHNSON, P. J., BARNES, J. Beverly Bregman-Rodoski sued Dr. Kevin Rozas for medical malpractice, alleging that Rozas negligently performed a hysterectomy and bladder-neck suspension surgery. Rozas moved for summary...

Lewis v. Smith - 6/21/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. Appellant James W. Lewis, Esq. appeals from the trial court's denial of his motion to establish and enforce his attorney's lien and its grant of appellee Sun C. Smith's motion for summary...

Murphy v. Berger - 6/21/2005
RUFFIN, C. J., JOHNSON, P. J., BARNES, J. This case began as a traditional medical malpractice action. Dr. Jay Berger and Jay S. Berger, M.D., P.C. (collectively "Berger") performed a phacoemulsification with implantation of a...

Jones v. Frickey - 6/21/2005
SMITH, P. J., ELLINGTON and ADAMS, JJ. After a hearing, the Superior Court of Paulding County granted the motion to enforce a settlement filed by Rocky Frickey in Keith Jones' personal injury action. Jones appeals, contending the...

Bernocchi v. Forcucci - 6/16/2005
In this appeal, we are called upon to review the propriety of the trial court's issuance of injunctive relief and the trial court's disqualification of counsel from simultaneously representing the corporate appellants and the...

Strickland v. Auto Owners Insurance Co. - 6/15/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. In this declaratory judgment action based on a claim of wrongful death, Wanda Truett Strickland, individually, and Nathan Dennis Strickland and Timothy Wayne Strickland, as...

Medical Center of Central Georgia v. Landers - 6/2/2005
SMITH, P. J., ELLINGTON and ADAMS, JJ. Donald Landers brought this negligence action against his employer and against the doctor who performed his employment medical examination after both the employer and the doctor failed to...

Webb v. Day - 6/1/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. Marvin Webb appeals from the trial court's grant of summary judgment to Don W. Day and Don W. Day Construction Co. Inc. on Webb's personal injury claim. We find no error and affirm. ...

Guoth v. Hamilton - 5/25/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. In this medical malpractice action, Dr. Janos Guoth appeals a jury verdict awarding plaintiff Teresa Hamilton damages arising out of Dr. Guoth's allegedly injuring her urethra when he...

Nygaard v. Matheny - 5/24/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. Robert Nygaard and his wife (the Nygaards) filed this medical malpractice suit against Dr. Robert Matheny claiming that Robert Nygaard suffered a massive stroke as a result of Dr....

Agnes Scott College - 5/24/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. A student at Agnes Scott College (Agnes Scott) sued the college, alleging that Agnes Scott negligently failed to keep its premises safe, after the student was kidnapped from one of Agnes...

Gilhuly v. Dockery - 5/24/2005
BLACKBURN, P. J., MILLER and BERNES, JJ. Penny and Robert Dockery sued Dr. Michael Gilhuly and various other healthcare providers on behalf of their two sons. Although their sons did not have a physician-patient relationship with...

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