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Cooper Tire & Rubber Co. v. McCall, 312 Ga. 422, 863 S.E.2d 81 (2021)

Explains the reach of Georgia’s Long Arm Statute, OCGA § 9-10-91, and that a nonresident must do certain acts within Georgia before a Georgia court may exercise jurisdiction over them.

Cited on: Suing an Airbnb Host After a Fall at a Property Abroad

Golden v. Floyd Healthcare Management, Inc., 319 Ga. 496, 904 S.E.2d 359 (2024)

Held that O.C.G.A. § 38-3-62(a) empowers an authorized judicial official to suspend, toll, or extend a statute of repose; that the COVID-19 judicial emergency orders did so; and that applying them to toll the five-year medical malpractice repose period in § 9-3-71(b) did not violate due process, because a defendant's rights under a repose statute vest only when the repose period would have expired, not on the date of the allegedly negligent treatment. The Court disapproved earlier decisions stating that a statute of repose can never be tolled for any reason.

Cited on: Hernia Complication Years After Surgery and Georgia's Filing Deadlines

Holcomb v. Monahan, 30 F.3d 116 (11th Cir. 1994)

EMTALA's § 1395dd(a) screening duty is not a federal malpractice claim: it requires only that the hospital apply the same screening procedures to the plaintiff that it applies to other patients, and is 'not designed to redress a negligent diagnosis.' To succeed on a § 1395dd(b) failure-to-stabilize claim the plaintiff must show the patient had an emergency medical condition, the hospital KNEW of the condition, the patient was not stabilized before transfer/discharge, and the hospital neither obtained consent to transfer nor certified the transfer's benefits. Summary judgment for the hospital was affirmed where the plaintiff showed no disparate screening and no evidence the hospital knew of an emergency condition at discharge.

Cited on: Pain Care Withheld and Discharge While Insurance Was Pending

Holloway v. U. S. Bank Trust National Ass'n, 317 Ga. App. 452 (2012) — Court of Appeals of Georgia

There is some evidence that U. S. Bank acquired its security deed from a party who acquired her interest through constructive fraud, so the bank has not shown as a matter of law that it acquired good title.

Cited on: Options for Challenging a Quitclaim Deed You Believe Was Obtained by Fraud

In re J. G., 829 S.E.2d 828 (2019) — Court of Appeals of Georgia

The record contains no colloquy in which the court advised the father of his right to counsel, nor does it show that the court inquired into whether the father was indigent or waiving his right to counsel, and the father did not receive court-appointed counsel.

Cited on: Facing a CPS Custody Hearing After a Newborn's Removal

Nicollette Black v. Hai Hong Trinh, 347 Ga. App. 585, 820 S.E.2d 209 (Ga. Ct. App. 2018)

EMTALA imposes its screening, stabilization, and transfer duties on hospitals only, not on individual physicians; a Georgia plaintiff therefore cannot use O.C.G.A. § 51-1-6 (breach of a legal duty) to convert an EMTALA violation into a claim against the treating doctors. Claims against individual clinicians must instead be pled as state-law professional negligence, which requires an actual doctor-patient relationship.

Cited on: Pain Care Withheld and Discharge While Insurance Was Pending

Quinney v. Phoebe Putney Memorial Hospital, Inc., 325 Ga. App. 112, 751 S.E.2d 874 (Ga. Ct. App. 2013)

A patient may pursue a state-law professional negligence claim against ED clinicians alongside a federal EMTALA failure-to-stabilize claim against the hospital arising from the same emergency-department episode; the two proceed under different standards. The court held O.C.G.A. § 51-1-29.5's clear-and-convincing gross-negligence standard applied to the ED care, but that expert affidavit testimony can create a jury question on gross negligence (reversing summary judgment), and separately that a jury could find the hospital knew of an emergency medical condition and transferred the patient unstabilized in violation of EMTALA.

Cited on: Pain Care Withheld and Discharge While Insurance Was Pending