Car Accident

October 18, 2016

When Does Georgia Law Allow for the Recovery of Punitive Damages in Motor Vehicle Accident Cases?

by Christopher Simon

In most negligence cases, a plaintiff’s recovery is generally limited to his or her actual damages, both economic and non-economic. Although these damages typically provide sufficient recovery, Georgia law does allow for the recovery of an additional type of damages, punitive damages, when certain conditions are met. The recovery of punitive damages is, however, narrowly circumscribed under Georgia law, and courts tend to be wary in many instances to even let the question of punitive damages go to a jury. For instance, in a recent decision, Minott v. Merrill, a Georgia federal judge explained how narrowly confined punitive damages are under state law.

Minott arose from a motor vehicle accident on a stretch of Interstate 20 in Morgan County, Georgia. The plaintiff alleges that while he was traveling in the right lane, the defendant’s vehicle struck the rear of his vehicle and thereby caused the plaintiff’s vehicle to spin and eventually settle on the side of the road. The plaintiff did not report any injuries at the scene, and officers who reported to the scene to investigate did not issue any citations at that time. In a report on the accident, an investigating officer noted that the defendant acknowledged that at the time his car hit the plaintiff’s vehicle, he had his cell phone resting on his leg and had snatched at his steering wheel while attempting to prevent the phone from slipping. Following the accident, the plaintiff brought suit, alleging negligence and seeking recovery of damages, including punitive damages. At the conclusion of discovery, the defendant moved for summary judgment on the issue of whether the plaintiff was entitled to recover punitive damages as a matter of law.

September 26, 2016

New Trial Ordered in Georgia Wrong Way Driving Case

by Christopher Simon

Jury neutrality is a cornerstone principle of American jurisprudence. Accordingly, prior to trial, litigants are entitled to question jurors about a variety of topics that may weigh on each prospective juror’s ability to render judgment in a fair manner. In auto accident cases, specifically, jurors are typically questioned about various issues, including their relationship with the parties and previous driving and litigation histories. Although such questioning does not often lead to disqualification, a failure to permit a sufficient inquiry can lead to the rejection of the jury’s ultimate verdict. For instance, in a recent decision, Mordecai v. Cain, the Georgia Court of Appeals vacated a jury’s ruling in an auto accident dispute because the trial court failed to allow particular questioning regarding the prospective jurors’ relationships to a non-party auto insurer.

Mordecai started with an auto accident caused by the defendant, who was driving in the wrong direction on a local roadway when his vehicle collided with the car being operated by the plaintiff. Prior to trial, the defendant and the plaintiff’s uninsured motorist provider moved to exclude all questions related to the prospective jurors’ relationships with the insurance provider unless a juror stated when asked about employment that he or she was currently employed by an insurance company. Alternatively, they argued that if jurors were to be questioned about their relationships with the insurance company, it should be done in the jury assembly area prior to trial. The trial court concurred with the defendant and auto insurer and allowed questions regarding connections to the auto insurer to only be performed by a jury assembly administrator. The administrator testified that she asked the prospective jurors if they were “an officer, employee, stockholder, agent, director or policyholder of State Farm Automobile Mutual Insurance Holding” and that all prospective jurors who answered “yes” were excluded from the panel ultimately sent to the court for voir dire. The case proceeded to trial, after which a verdict was rendered. Finding the judgment unsatisfactory, the plaintiff appealed, arguing, among other things, that the trial court’s preclusion of in-court questioning about the jurors’ connection to State Farm was reversible error.

September 2, 2016

Court Reverses Dismissal of Auto Accident Case Against Georgia Forestry Commission

by Christopher Simon

In many of the rural parts of our state, it’s not uncommon for property owners to burn vegetation or other materials on their property. Although these burnings are regulated and are typically performed without incident, they do pose some hazards. Indeed, in a recent decision, Grant v. Georgia Forestry Comm., the Georgia Court of Appeals needed to determine what, if any, liability existed against the Georgia Forestry Commission for an auto accident caused, in part, by smoke from a regulated burning.

The accident at issue in this case occurred in the early morning of March 17, 2011. On the day before, the Georgia Forestry Commission (“GFC”) issued a burn permit to a property owner who lived near Interstate 16 and wished to burn vegetation on his land. At around 3 p.m. that day, the local Chief Ranger of the Bulloch County GFC fire protection unit received notice of a fire on that property. When he arrived, the ranger observed the fire burning out of control and initiated measures to contain and monitor the fire. Among these measures were the posting of smoke/fog warning signs and the placement of local deputies to handle traffic issues. At around 7 p.m. that day, the Chief Ranger determined that the blaze had been contained, although the burned area continued to smoke. The Chief Ranger saw the smoke drifting toward the southeast away from I-16, which was about three-quarters of a mile to the north of the closest part of the burn area, and he reported seeing no visibility issues on either I-16 or another local thoroughfare. The Chief Ranger nevertheless called 911 to provide notice of smoke in the area and directed the the local county sheriff to continue to monitor the situation. At around 5 p.m. that day, a local official for the Georgia Department of Transportation (“GDOT”) also responded to notice of the fire and placed warning signs in both directions on a local state road. The GDOT official returned to the area at 7:45 and reported no visibility issues but left the signs in place.

July 14, 2016

Sudden Emergency Defense in Georgia Railroad Crash Decision

by Christopher Simon

When confronted with emergencies, even the most sensible people often fail to act with the reasonableness they would display in calmer circumstances. Given that the key inquiry in ascertaining negligence liability is whether one’s conduct was reasonable under the circumstances, it follows that the existence of an emergency should factor into the calculus of establishing whether someone was negligent. However, which sorts of circumstances constitute an “emergency,” permitting the application of this emergency situation defense? This question was at the heart of a recent decision from the Georgia Court of Appeals, Smith v. Norfolk S. R.R. Co., which involved the application of the emergency situation rule to a railroad accident.

The accident at issue in Smith occurred on March 12, 2013. On that day, a pickup truck with two occupants was traveling southbound along Buford Highway. According to an eyewitness, the pickup truck failed to slow as it approached the intersection of Buford Highway and Amwiler Road. As the light turned red, the pickup truck proceeded through the intersection, where it collided with a van that was making a left turn onto Amwiler Road from the northbound lanes of Buford Highway. The collision caused both vehicles to veer off course. The van settled on a grassy area near Buford Highway, and the pickup came to a stop on the railroad tracks that cross Amwiler. Shortly after the pickup truck came to a rest on the tracks, the crossing signals activated, and the crossing gates closed for an approaching train. Other vehicles honked their horns to warn the occupants of the oncoming train.

May 11, 2016

Georgia Federal Court Sanctions Defendants for Failing to Preserve Driver’s Records in Tractor-Trailer Accident Case

by Christopher Simon

It goes without saying that success in a lawsuit often depends on the evidence. Although a plaintiff is not always certain that he or she will have access to the best possible evidence, one does expect that the opposing party will not, through either neglect or willful obstruction, allow material evidence to be lost. Even though the effects of lost evidence are not easy to cure, court do have means of penalizing parties that fail to comply with their obligations to preserve evidence. For instance, in a recent decision, O’Berry v. Turner, a federal judge imposed sanctions on several defendants in a tractor-trailer accident case for failing to produce material related to the driver and tractor-trailer involved in the accident.

Turner started with a June 2013 traffic accident in Homerville, Georgia. While proceeding west along Dame Avenue in Homerville, a vehicle being operated by one of the plaintiffs in this action was struck by a tractor-trailer, which the driver of the car alleged swerved into his lane without warning. The collision caused the car to veer off the road and into a light post. As a result of the accident, the driver and another occupant in the vehicle sustained various injuries. The truck was being operated by an employee acting on behalf of ADM Trucking, Inc. and Archer Daniels Midland Company. Following the accident, the driver and the other occupant brought suit against the driver of the tractor-trailer, ADM, and Archer Daniels. In August 2013, counsel for the plaintiffs sent a spoliation letter to ADM, requesting that the defendants make an effort to preserve various evidence related to the driver and the trailer involved in the accident. Counsel for the defendants responded to this request and stated that the defendants would take all measures necessary to assure the preservation of pertinent evidence. Eventually, the plaintiffs made a discovery request to the defendant, requesting, inter alia, the truck driver’s driver log and all electronically stored information related to the tractor-trailer involved in the accident. The defendants failed to comply with the request, and the plaintiffs moved for sanctions against ADM and Archer Daniels.

February 15, 2016

Georgia Federal Judge Denies New Trial in Tractor Trailer Accident Case

by Christopher Simon

Although we generally associate the challenging of a judge’s ruling with part of the appeals process, there are many instances when a litigant may request a judge to reconsider his or her own decision. As one can expect, asking a judge to reverse himself can be a tricky proposition. Indeed, as two unfortunate defendants before a federal judge who sits on the Middle District of Georgia recently saw, contempt can befall those who carelessly ask for reconsideration.

The case, Wallace v. Wiley Sanders Truck Lines, Inc., started with a motor vehicle accident on U.S. Highway 82 East in Cuthbert, Georgia. An employee of one of the defendants in this action was operating a tractor trailer owned by the defendant. The plaintiff was operating a tractor trailer that was directly in front of the defendant’s tractor trailer. The plaintiff stopped his vehicle and turned on his indicator, signaling that he intended to make a right turn onto a private driveway off the highway. As the plaintiff was making his turn, however, the defendant’s tractor trailer collided with the plaintiff’s vehicle. The plaintiff suffered injuries as a consequence of the collision, and he brought suit against the defendant and its insurance company for injuries and pain and suffering. Following trial, the jury found that the defendant’s employee had been negligent and awarded $650,000 in compensatory damages. The defendants moved for the district court to order a new trial, arguing that the court had made evidentiary and jury instruction errors that necessitated the new trial. Unsurprisingly, the judge disagreed.

November 29, 2015

Georgia Court of Appeals Affirms in Jeep Product Liability Suit

by Christopher Simon

Although we expect all products to function as anticipated, that is especially true for those products on which we rely to provide safety during dangerous situations. Indeed, when the risk of harm is high, an equipment failure can lead to truly tragic results. This type of product failure was at the heart of a recent decision from the Georgia Court of Appeals, Key Safety Sys., Inc. v. Bruner, which involved a product defect in the seatbelt restraint system of a Jeep Wrangler.

This suit centers around a rollover accident that occurred in September 2007. The suit was brought by the husband of the passenger of the jeep, acting as the personal representative of the estate of his wife, who died as a result of the accident. The decedent’s husband owned the vehicle, but it was being driven by his daughter at the time of the turnover. The reasons for the turnover remained unknown. Both the driver and the decedent were apparently wearing their seatbelts, but during the course of the accident the decedent was ejected from the vehicle and sustained various severe injuries, including a loss of body tissue around her upper legs and abdomen. The decedent eventually succumbed to her injuries. The vehicle seatbelt restraint system was designed, constructed, and integrated by Key Safety Systems, Inc. The husband brought suit against Key and various governmental entities, alleging failure to warn, strict product liability, negligence, and failure to recall and/or retrofit. The case proceeded to a trial, after which the jury returned a verdict awarding the plaintiff $4,600,000. The jury apportioned 20 percent of the fault to the decedent’s daughter and 80 percent of the fault to Key. In light of this unfavorable verdict, Key brought an appeal, arguing that the trial court erred by denying its motions for directed verdict and judgment notwithstanding the verdict with respect to the failure to warn claim, and by admitting expert testimony regarding certain seatbelt retractor mechanism testing performed by the expert witness and a video of such testing.

July 14, 2015

What Insurance Do I Need to Drive for Uber or Lyft in Georgia?

by Christopher Simon

The new Georgia insurance law regarding ride services became law on July 1, 2015 and it has big implications for you if you are thinking about driving for Uber or Lyft.

1. Your regular personal insurance policy likely excludes insurance coverage if you have a crash while working for these companies.

2. Georgia law now requires Uber and the like to provide $100,000 in injury and $50,000 in property damage insurance when a driver has the app activated and is available to take a rider.

January 21, 2015

Georgia Court of Appeals Reverses Workers’ Compensation Board Ruling

by Christopher Simon

Although they are designed to provide efficient and speedy financial recovery to injured employees, workers’ compensation schemes can and do occasion protracted legal battles that are not dissimilar from the tort litigation for which they were intended to substitute. Indeed, it is not uncommon, considering the amount that can be at stake, for workers’ compensation claims to lead to full-blown cases litigated outside the administrative setting. For instance, the Georgia Court of Appeals recently rendered a decision in Bonner-Hill v. Southland Waste Systems, Inc., which dealt with the denial of workers’ compensation benefits to the widow whose husband died on the job.

The widow’s deceased husband worked at Southland Waste Systems of Georgia, Inc. at a facility located off State Road 247. Running parallel to State Road 247 is a Georgia Southern and Florida railway track, which must be crossed in order to access the Southland facility. Only a month after starting his job at Southland, the deceased person was driving to work along State Road 247. When the deceased person turned onto the entrance road for the Southland facility, a northbound train struck his vehicle. The collision resulted in significant injuries that ultimately led to his death. Following this incident, the deceased person’s widow filed a workers’ compensation claim, which Southland challenged, arguing that the deceased person did not die “during the course of his employment.” At an initial administrative hearing, the Administrative Law Judge determined that the death was compensable because the access road that crossed the railway track was the only way to access the facility, and therefore the road was part of the business premises. However, the Workers’ Compensation Board reversed this decision. The Board held that, since Southland did not own, operate, or control the entrance road, the deceased person had not yet arrived to work at the time of the accident. Consequently, his death was not compensable.

The Georgia Court of Appeals, however, reversed the Board’s determination. Under Georgia’s Workers’ Compensation Act, a worker is entitled to compensation for injuries that arise out of and in the course of employment. See O.C.G.A. § 34-9-1 (4). Generally, injuries “out of and in the course of employment” are not considered to include injuries caused by hazards encountered while going to or returning from work. Longuepee v. Ga. Institute of Technology, 269 Ga. App. 884, 885 (605 SE2d 455) (2004). However, an exception to this general rule exists for injuries occurring when an employee is engaged in ingress or egress at the particular work site, for the employee “has not started traveling a route of his choosing wholly disconnected with his employment.” Hill v. Omni Hotel at CNN Center, 268 Ga. App. 144, 147 (601 SE2d 472) (2004). For the ingress/egress exception to apply, the area where the employee was injured must either be limited (or very nearly so) to the respondent business, even if the business’s right to the area is merely a leasehold interest or some other non-exclusive access, Knight-Ridder Newspaper Sales, Inc. v. Desselle, 176 Ga. App. 174, 174-175 (335 SE2d 458) (1985), or owned, maintained, or controlled by the business, even though the area is heavily traversed by the public without connection to the business, Longuepee, 269 Ga. App. at 885.