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Submenu Notable Cases Case Types Appellate Decisions

 

 

Cummings v. Dept. of Juvenile Justice, 282 Ga. 822 (2007)

A case of first impression establishing that the State must show “prejudice” before securing a dismissal based upon a technical error in an ante litem notice.

 

Harvey Freeman and Sons v. Stanley, 259 Ga. 233 (1989)

An important case defining and upholding the tort of “negligent hiring” in the State of Georgia. 

 

Central of Ga. Railway v. Butts, 211 Ga. App. 619 (1993)

Upheld the right of railroad workers to sue under the FELA for defects in the design and operation of locomotive parts.

 

CSX Transportation v. Barnett, 199 Ga. App. 611 (1991)

Upheld the right of injured railroad workers to recover future economic losses.

 

Snider v. Basilio , 281 Ga. 261 (2006)

An important case establishing the liability of a professional corporation for wrongdoing by the professional individually.

 

Atlanta Comm. Olympic Games v. Hawthorne,  278 Ga. 116 (2004)

In this series of appeals after the 1996 Olympic bombing, the Georgia Supreme Court twice overruled case-ending rulings made by the trial court.

 

Head v. CSX Transportation,  271 Ga. 670 (1999)

An important case upholding the trial court's discretion to grant a new trial.

 

Cotten v. Phillips,  280 Ga. 280 (2006)

This appeal struck down a portion of the Tort Reform statute passed in 2005.

 

Brown v. Doctor's Hospital,  277 Ga. 891 (2006)

This case set forth principles to guide trial courts in jury selection.

 

Southern General Insurance Co. v. Holt,  200 Ga. App. 759 (1991)

Established the important legal framework by which an insurance company can be held liable for bad faith failure to settle insurance claims within the policy limits.

 

Brown v. Liberty Oil, 261 Ga. 214 (1991)

For the first time for children in Georgia, this case gained the right to sue for the wrongful death of their mother, even though the father refused or failed to pursue the claim.

 

Goodman v. So. Ry. Co., 259 Ga. 339; 380 SE2d 460 (1989)

Keeps Georgia’s courts open for out of state residents to file lawsuits in Georgia.  The case is particularly important in FELA, mass tort, product liability actions, etc., especially when other states are limiting court access to their own residents.

 

Drake v. LaRue, 215 Ga. App. 453 (1994)

Allows neuropsychologists, an important part of brain injury teams, to testify concerning the cause and effects of brain injury.

 

Home Insurance v. Wynn, 229 Ga. App. 220 (1997)

A legal malpractice ruling which sets the guidelines an attorney must follow in distributing wrongful death settlement funds to the proper persons.

 

Matthews v. Douberly, 207 Ga. App. 578 (1993)

Establishes a child’s right to recover wrongful death damages against at fault parties even though the other parent is substantially at fault.

 

Spivey v. Whiddon, 260 Ga. 502 (1990)

Successfully challenged a one year statute of limitations applicable to certain medical malpractice actions and upheld the traditional two year rule.

 

Vulcan Materials v. Upshaw, 197 Ga. App. 604; 399 SE2d 584 (1990)

 An important occupational disease case preserving rights for victims of disease contracted through the work environment.

 

Iler v. CSX, 209 Ga. App. 653 (1993)

Preserved an FELA verdict against an excessiveness attack.  Importantly, the case provides substantial protection for FELA verdicts in favor of injured workmen.

 

Modlin v. Black and Decker, 170 Ga. App. 477 (1984)

Protects the rights of injured workers to not only recover workers’ compensation benefits, but to also bring tort/negligence actions against all at-fault parties.