Directed Verdict for Georgia DOT in Flooding Case

Reidling v. DOT, State Court of Hall County
Civil Action File No. 03CV2359C
Directed Verdict: December, 2007

The Plaintiffs alleged their property was damaged due to flooding of a nearby creek after The Georgia DOT negligently designed the Pearl Nix Parkway Extension in Gainesville, Georgia. Specifically, the Plaintiffs argued that (1) the DOT failed to provide for the disposal of the excess fill dirt in the original design plans; (2) the DOT negligently approved the contractor’s placing the waste pit adjacent to the Project in an alleged flood plain; and (3) that the construction of the Pearl Nix Parkway Extension and the creation of the waste pit resulted in an increase in storm water run-off during moderate and heavy rains, thereby forcing Flat Creek to swell beyond its banks and flood the Plaintiffs’ property.

Prior to trial, on motions for summary judgment, we were able to narrow the issue to just the question of negligent design. At trial, after Plaintiffs presented 3 ½ days of testimony and rested their case, we moved for a directed verdict and won. The Judge found that Plaintiffs had been given the opportunity and still failed to produce enough evidence of negligent design to go to the jury. The Judge directed that a verdict be entered in favor of DOT.

Defending Nurses Accused of Drug Diversion

Drug diversion is defined as the misappropriation of prescription medication without legal authorization, such as when a nurse diverts medication from a pyxis machine. Drug diversion allegations are very serious in nature and could lead to criminal charges if state or federal authorities are contacted.

In numerous cases when employers have fired nurses and reported them to the Georgia Board of Nursing for drug diversion, Frances Cullen of Levy Pruett Cullen has helped guide nurses to the appropriate drug treatment program, assisted them with the Georgia Board of Nursing’s investigation process, helped them locate an appropriate nurse advocate to advocate on their behalf before the Georgia Board of Nursing, and negotiated a more favorable outcome to monitor aftercare following completion of treatment. She has worked with many nurses to help them return to work as a Registered Nurse.

• For a nurse applicant who had been under a Consent Order in another state, Frances Cullen advised her on closing out the other state’s Consent Order, and obtained the paperwork necessary for her to obtain her license from the Georgia Board of Nursing.
• In a case where a nurse was criminally charged with Violation of the Controlled Substances Act (VGCSA) for writing fraudulent prescriptions, Frances Cullen represented the nurse in entering the most favorable plea for the crime charged, subsequently advising her about entering into a Consent Order with the Georgia Board of Nursing to enable her to return to the practice of nursing.
• For a nurse arrested and criminally charged with diverting controlled substances from her employer, Frances Cullen negotiated pre-trial drug court diversion of the case, which resulted in a disposition without court adjudication of guilt or a record of conviction.

Court of Appeals Affirms Summary Judgment on Procedural Grounds

Covault v. Harris, 337 Ga. App. 301 (2016)

In Covault, Plaintiff and Defendant were involved in an automobile accident while traveling northbound on Peachtree Street in Atlanta. Plaintiff alleged he was injured in the accident and filed suit on January 26, 2015.  Levy Pruett Cullen argued that Plaintiff failed to properly serve Defendant in accordance with the statutory service requirements for substitute service upon a nonresident individual under the Georgia Nonresident Motorist Act, O.C.G.A. § 40-12-1, and the Court of Appeals agreed.

Applying for and Reinstating Professional Licenses in Georgia

Applicants for Licensure

Applicants seeking to become licensed in the State of Georgia may face a difficult challenge, especially if they completed their education and obtained their credentials many years ago. This is especially true for license applicants who were educated in foreign countries.

Frances Cullen of Levy Pruett Cullen has represented numerous physicians and other healthcare professionals in obtaining a rule waiver or variance to enable them to become licensed by proving to the professional’s state licensing board that their prior education and experience demonstrates their competence to practice their profession.

Failure to Renew a License, Lapse of a License, and Reinstatement of a License

Each year, a significant number of Licensees fail to timely renew their license to practice, thereby permitting their license to lapse. Depending on the length of time that has transpired between the failure to renew your license or the lapse, you may have difficulty obtaining reinstatement of your license. Levy Pruett Cullen has assisted numerous professionals to address this issue

Defending Psychologists, Licensed Professional Counselors, and Social Workers

Frances Cullen has represented numerous psychologists, licensed professional counselors, and social workers to defend their license against claims of improper practice, often leading to a dismissal of a board complaint or a more favorable negotiated settlement.

• In an action brought by the Georgia Board of Examiners of Psychologists (The Psychology Board) against a psychologist alleging insufficient oversight of testing conducted by a supervisee, Frances Cullen negotiated favorable disciplinary far less than that proposed by the Board.
   
• Frances Cullen helped negotiate favorable plea terms with no jail time for a Psychologist accused by the State Health Care Fraud Control Unit (SHCFCU) of serious Medicaid fraud violations involving the improper billing of children who were never seen by a psychologist.
   
• In a case wherein the Georgia Board of Examiners of Psychologists (The Georgia Psychology Board) would not terminate a psychologist’s consent order when she had met the terms of the Order, Frances Cullen filed a mandamus action in Superior Court, at which time the Georgia Board of Examiners of Psychologists (The Georgia Psychology Board) acted properly to terminate the Order.

Helping Dentists Retain Their License

Frances Cullen has defended several dentists who have found themselves before the Georgia Board of Dentistry because of false or misleading patient complaints. She has also assisted several dentists who have undergone treatment for alcohol and/or drug addiction and thereby gained sobriety. In cases of drug diversion, she has negotiated a workable solution for the dentist to retain their dental license and DEA registration. Also, for the little-known law that prevents a dentist from working as an employee of a non-dentist, Frances Cullen has provided sound legal advice to dental offices.

Summary Judgment in Favor of Trucking Company

Candace Kelley v. Garvin Fowler and Relwof Farms Trucking, Inc., et al.
State Court of Worth County
Civil Action Number: ST-08CV148
Summary Judgment Granted on August 12, 2011

The Plaintiff was injured in an automobile collision with a pick-up truck owned by Defendant Fowler and operated by his farmhand. The Plaintiff alleged that the driver of the pick-up truck failed to yield the right of way at a stop sign and that she suffered serious leg injuries as a result of the collision.

Defendant Fowler owned and operated a cotton farm and was also the president and sole shareholder of a trucking company that hauled peanuts, fertilizer, vegetable boxes, and military equipment. In an attempt to recover under both businesses' insurance policies, the Plaintiff sued the farm and the trucking company. Levy Pruett Cullen defended the case on behalf of the trucking company, the deeper pocket of the two.

There was only one full-time employee of the farm, a man whose primary responsibilities included driving tractors, harrowing land, planting it, and harvesting. In 2007, in order to earn extra money, the farmhand also began working for the Defendant’s trucking company. The farmhand was not a driver for the trucking company. Instead, he performed minor servicing of the trucks, such as changing tires. 

On the day of the accident, the farmhand worked for the farm the entire day. Nevertheless, the Plaintiff argued that both the farm and the trucking company should be held liable for her injuries. The Plaintiff contended that the fact that the farmhand was paid by the trucking company on the day of the accident demonstrated that he was acting within the scope of his employment with the trucking company on the date and time of the accident. Second, the Plaintiff argued that regardless of the respondeat superior issue (when a party is responsible for acts of their agents), the Plaintiff could recover against the trucking company under a theory of reverse piercing of the corporate veil (the theory that a corporation can be held liable for the acts of the individual owner). 

The trucking company, represented by Levy Pruett Cullen, filed a Motion for Summary Judgment on the grounds that the Plaintiff failed to show that the driver was acting within the scope of his employment with the trucking company at the time of the accident and that there was no basis for piercing the corporate veil. The Court agreed and granted summary judgment in favor of the trucking company on August 12, 2011.

Jury Agrees: Driver Negligence

Reeves v. DOT, Superior Court of Barrow County
Civil Action File No. 03-CV-925
Defense Verdict: September, 2005.

The Plaintiff’s son, sixteen-year-old Christopher Reeves, was a front seat passenger in a Chrysler Cirrus driven by his girlfriend, sixteen-year-old Codi Agerton. The two teenagers were driving east on SR 316 and intended to turn left on SR 81 on their way to Ms. Agerton’s home. As they attempted to turn left, they were struck broadside by an R.V. carrying the Clemson Women’s Tennis team, which was heading west on SR 316. Plaintiff alleged that the traffic signal at the intersection should have provided for a protected-only left turn phase. We argued that the traffic signal was designed properly with a protected permissive green arrow and that the accident was caused by the negligence of the teenage driver who pulled directly into the path of the oncoming R.V. The jury agreed.

Physicians National Practitioner Data Bank (NPDB)

In a case where a hospital summarily suspended a physician’s clinical privileges, Frances Cullen worked with the hospital to address what they perceived as alleged deficiencies and helped the physician obtain a "void" to remove the negative National Practitioner Data Bank (NPDB) report that would have had a significantly negative impact on his career.