Victory in the Georgia Court of Appeals

  • Sep 8 2020

On September 3, 2020, Weathington’s appellate team led by David Hanson obtained another victory in the Georgia Court of Appeals in a novel case involving a husband and wife both potentially sitting on the same jury. Plaintiff argued at trial that he should have been allowed to strike a husband and wife for cause because of a potential for conflict. The trial court disagreed, forcing Plaintiff to use a peremptory strike. On appeal, Weathington argued that there was no prejudice simply based on two jurors’ status as husband and wife, and that more evidence of bias was necessary to justify a strike for cause. The Georgia Court of Appeals agreed, in what may be the first appellate decision nationwide to address the issue.

In the underlying case, Paul Weathington and Gabe Banks obtained a defense verdict on behalf of an Ob/Gyn Doctor in a wrongful death action arising out of Defendants’ delivery of Plaintiff’s baby. Plaintiff alleged that Defendants breached the standard of care by failing to respond appropriately to signs of fetal distress, including the readout from a fetal heart rate monitor. The jury found that the Defendants acted within the standard of care and entered a verdict in their favor. Plaintiff’s appeal followed.

Gabe Banks and Zach Fuller assisted in the appellate briefing, and David Hanson presented oral arguments to the Court of Appeals. Click here to view David Hanson‘s Oral Argument, Case No. A20A0968, beginning at minute 16.

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