Robert B.  Gilbreath
News

Supreme Court Clears Piedmont Hospital of Liability in Mesothelioma Case

January 13, 2023 – Press Release

January 13, 2023 (Atlanta, GA) – The Supreme Court of Georgia has denied review of three related appeals in a mesothelioma case brought against Georgia Power, Ford Motor Company, and Piedmont Hospital. In March 2022, the Georgia Court of Appeals upheld the trial court's grant of summary judgment in favor of Piedmont Hospital, dismissing Hawkins Parnell's client from the case. David C. Marshall and Robert Gilbreath represented Piedmont.

The plaintiff, a former pipefitter, claimed that his mesothelioma was caused by asbestos exposure while working in facilities owned by the three defendants in the 1970s and 1980s. The trial court initially granted summary judgment to all three defendants, dismissing the case. However, the Court of Appeals found for the plaintiff and reversed the dismissal for Ford and Georgia Power.

In a 46-page opinion, the Court of Appeals held that the plaintiff's employer, with whom the hospital had contracted, had equal knowledge of any potential hazard, and affirmed the trial court's ruling dismissing the case against Piedmont.

Now that the Supreme Court declined review, the case will proceed to trial against Ford and Georgia Power.