Turkheimer & Hadden wins important victory for injured workers at Georgia Court of Appeals

The Court of Appeals of Georgia today released an opinion in the case of Austell HealthCare, Inc., v. Scott (Case No. A10A2346, March 11, 2011).  Turkheimer & Hadden partner John Hadden represented Dan Scott, who was injured in an automobile collision while on the job.  After recovering workers' compensation benefits, Mr. Scott filed suit against the at-fault driver and ultimately recovered a $76,000 settlement.  The workers' compensation insurer then attempted to obtain reimbursement for approximately $59,000 in medical costs and lost wages it had paid to him.  Georgia law provides for reimbursement of this type, but only where the injured person is fully compensated for his or her injuries.

In affirming the trial court's order dismissing the reimbursement claim being made by Austell HealthCare and Travelers Indemnity Company of America, the Court of Appeals held that an insurer has the burden of proving that the worker has been fully and completely compensated for medical expenses, lost wages, and pain and suffering as a result of a judgment or settlement.  In this case, the insurer had failed to do so, having been unable to present any evidence of full compensation.

The attorneys of Turkheimer & Hadden specialize in appellate litigation as well as workers' compensation, personal injury, and business litigation matters.

Turkheimer & Hadden, LLC
Attorneys at Law 
(404) 890-7200 

Note: Readers are reminded that despite success in this case, every case is different, and past results do not guarantee future success.

Georgia Court of Appeals upholds automobile insurance exclusion

The Court of Appeals of Georgia today upheld an exclusion in an automobile liability insurance policy that precluded coverage for a driver who borrowed the car of another but was not listed on the owner's policy.  In State Auto Mutual Insurance Co. v. Todd (Case no. A11A0046, March 4, 2011), the court held that the driver was excluded from coverage because she regularly used the vehicle that she was driving at the time that she was alleged to have committed a negligent act causing injury to a third party.

Automobile insurance policies routinely contain exclusions to coverage for drivers who are not listed on the policy or application for insurance but are nevertheless regular users of the vehicle.  The purpose of such exclusions, the court explained, is to allow non-regular, incidental use of a vehicle by a non-listed driver without increasing the premiums; when that other driver regularly uses the vehicle, on the other hand, the insurer may take on additional risk without a corresponding increase in premium.  The exclusion allows the insurer to prevent this additional, uncompensated risk, and Georgia courts have routinely upheld them as enforceable.

In this case, the court found that there was sufficient evidence that the allegedly at-fault driver regularly used the vehicle - she testified, for example, that she used it "[r]egularly, but maybe not on a daily basis," and that she sometimes kept it at her home - and therefore, as a matter of law, she fell within the "regular use" exclusion in the policy.  The auto insurer therefore had no obligation to provide coverage to her for claims made by the injured third party.

Turkheimer & Hadden, LLC
Attorneys at Law
Trials and Appeals  
(404) 890-7200

John Hadden to lead judicial panel discussion at continuing legal education seminar

On March 18, John Hadden will be moderating a panel of distinguished judges in a discussion of effective trial advocacy techniques.  The panel is part of the Trial & Error CLE sponsored by the State Bar of Georgia's Young Lawyers Division and the Institute for Continuing Legal Education in Georgia.  Judges Diane Bessen (Fulton County), J. Antonio DelCampo (DeKalb County) and Randy Rich (Gwinnett County) will be the featured panelists.

Complete information can be found on the ICLE's web site.