Archive for April, 2009
A Henry County woman was awarded $1.05 million in a medical malpractice suit against a Fayetteville surgeon for a botched surgery.
The Atlanta Journal Constitution has the story.
Cynthia Bennett, who is a Henry County nurse, claimed that she almost died when her surgeon injured her bowel during surgery. Bennett and her attorney also argued that the surgeon failed to diagnose and properly treat the injury.
The jury verdict of $1.05 million was against the Fayetteville surgeon JuDonn Adams and New ...
Continue Reading
Henry Bachmann of Port Wentworth won a $1.2 million verdict in 1999 against the Archdiocese of St. Louis for failing to supervise a priest who sexually assaulted him. An appellate court overturned that verdict a year later determining that the statute of limitations had expired. Bachmann’s attorney has appealed that decision.
The Savannah Morning News has the story.
Bachmann has battled with litigation against the church since 1994. He claims that in 1964 he was sexually assaulted by ...
Continue Reading
The Georgia Court of Appeals recently determined that a plaintiff’s failure to originally identify the correct governmental agencies in a personal injury suit against the state does not necessarily constitute grounds for dismissing the suit. The court held that the correct standard is to determine if the plaintiffs adequately investigated their claims or if the state had suffered prejudice.
In Young v. Georgia Dept. of Natural Resources, the plaintiff, Young, was injured at the Georgia National Fairgrounds in Perry, Georgia. ...
Continue Reading
The Georgia Court of Appeals was asked to decide if a homeowner’s insurance policy covered injuries stemming from intentional acts when the language only covered accidental occurrences. The court ruled that summary judgment for the insurance company was proper, since such language does not cover injuries arising from intentional actions.
In Perry v. State Farm, State Farm filed a declaratory judgment asking the trial court to find that one of their policies did not cover a personal injury claim. ...
Continue Reading
The Georgia Court of Appeals recently had to determine if a defamation suit which alleged that a reporter published a plaintiff’s poor job performance should survive summary judgment. The court found that it should, since a jury could find that there was defamation.
In Gettner v. Fitzgerald, the plaintiff, Gettner, sued VNU Business Media, Inc. for defamation, because of a publication by VNU in which it was revealed that Gettner had been demoted based on poor performance. Gettner also ...
Continue Reading
The Georgia Supreme Court recently had to determine if the state is immune from liability when a police officer negligently strikes a vehicle while performing official duties. A divided Court ruled that the state was not immune to such a suit.
In Georgia Dept. of Public Safety v. Davis, the plaintiff, Davis, was injured by a police vehicle while driving her mail carrier pick-up truck. The state trooper was traveling behind Davis’ truck while running radar on vehicles approaching ...
Continue Reading
A Georgia boy whose penis was severed during a negligent circumcision has been awarded $1.8 million by a Fulton County jury. The boy’s mother was also awarded an additional $500,000. No punitive damages were awarded.
The Atlanta Journal Constitution has the story.
In 2004, a doctor at South Fulton Medical Center performed a circumcision while a pediatrician looked on. The mother of the child filed suit two years later arguing that the doctor removed an excessive amount of ...
Continue Reading
A lawsuit has been filed against the staff and owners of Great Expectations Child Development Center in Kennesaw, Georgia for locking a 4 year old girl in a bathroom and sitting on her.
The Atlanta Journal Constitution has the story.
The lawsuit specifically alleges that a teacher locked the girl in a bathroom over a toilet accident, and that the girl was hit in the head with the bathroom door when she tried to exit the bathroom. According to the ...
Continue Reading