On April 18, 2010, Ms. Johnson was a passenger in a 2002 Chevrolet Trailblazer driven by the Insured, Ms. Newsome. At approximately 2:30 a.m., while travelling on Barrett Parkway in Cobb County, Georgia, Ms. Newsome lost control of the Chevrolet Trailblazer that she was operating and caused the vehicle to leave the roadway. After leaving the roadway, the vehicle collided with a concrete sewer access point which caused the vehicle to flip violently. The vehicle continued to roll until hitting a tree and coming to rest on its side. As a consequence of this incident, Ms. Johnson was killed.
Ms. Newsome was charged with: homicide by vehicle in the first degree; driving under the influence; and, failure to maintain lane.
Hercules v. Cruz
Jan 01, 2008
Settled for Maximum Policy Limits
On October 9, 2008, Ms. Hercules was driving her 2002 Ford Explorer in a northeast direction on Cruse Road in Gwinnett County, Georgia in a prudent and safe manner. Following proper safety rules, Ms. Hercules brought her vehicle to a complete stop for traffic on the roadway. At or about that time, a 2004 Chevy Trailblazer driven by Mr. Cruz, was traveling directly behind the vehicle operated by Ms. Hercules. Mr. Cruz failed to stop his vehicle and violently collided into the rear of the vehicle operated by Ms. Hercules. The impact of this collision was so severe that Mr. Hercules vehicle was pushed forward, causing her to strike a vehicle which had stopped directly ahead of her.
The motor vehicle accident of October 9, 2008, precipitated by the indisputable negligence of Mr. Cruz, caused multiple injuries to Ms. Hercules which compelled her to undergo extensive and invasive medical care. Among these injuries, she suffered substantial damage to her cervical and lumbar spine. All conservative treatment options were exhausted to remedy the cervical and lumbar injuries, and it became evident that surgical intervention was required to resolve Ms. Hercules’ ongoing symptoms. In this regard, Ms. Hercules’ treating orthopedic physician, Dr. Murray Robinson, requested that she undergo a three level discogram in order to isolate the source of her spinal pain. Following this course of care, it was almost certain that Ms. Hercules would be compelled to undergo either a discectomy or fusion procedure.
Atlanta Task Force for the Homeless v. Emory University, et al.
May 13, 2013
MILLER, P. J.,
RAY and BRANCH, JJ.
Our analysis of the applicability of the anti-SLAPP statute to the claims in this
case was limited by the generalized averments of the complaint and the vagueness of
the claims contained therein. Thus, we cannot make a threshold finding that the
statements or acts alleged in the complaint were made in relation to some official
proceeding.13 Accordingly, we find that the trial did not err in finding that the anti-
SLAPP statute did not apply in this case; thus, the trial court did not err in denying
Emory’s motion to dismiss or strike the complaint.
EMORY UNIVERSITY ET AL. v. METROPOLITAN TASK FORCE FOR THE HOMELESS, INC
Jun 17, 2013
Successful defense of Petition for Certiorari to the Supreme Court of Georgia.